S BOA 08-17-1993
230
SCHERTZ BOARD OF ADJUSTMENT
AUGUST 17, 1993
The Schertz Board of Adjustment met on August 17, 1993 at
7:00 p.m. in the Council Chambers of the Municipal Complex,
1400 Schertz Parkway, Schertz, Texas. The following members
were present: Chairman Earl W. Sawyer, presiding; Joe
Potempa; Hal Baldwin; Barbara Stanhope; Mary Marsh and
Ken Greenwald. Staff present were City Manager Kerry Sweatt
and City Secretary June Krause.
Mr. Sawyer welcomed everyone to the meeting and asked that
they rise and join him in the Pledge of Allegiance.
He then called Mr. Merwin Willman forward and presented him
with a proclamation naming him "Star of the Month" for the
month of June. Along with the proclamation, Mr. Willman
received a pin and a gift certificate from Wuest Super
Market.
#1 PUBLIC HEARING: The purpose of the hearing was to
receive citizen comments on a request by Rick Saenz, 501
Aviation, for a Special Exception to the side yard setback
requirements allowing him to face a new house on an angle
toward the intersection of Aviation and Lindbergh Avenues.
Mr. Sweatt related that fifty letters were mailed to
property owners within 300' of the Saenz property. Five
were returned unopened, the people having moved and left no
forwarding. Nine were returned, showing seven in favor of
the request, one opposed (with no reason given) and one not
voting. After going over the request, Mr. Sweatt advised
that there is a dedicated public alley containing a sewer
line on one side of the property. He also mentioned that
Lindbergh Avenue comes to a dead end one block in from the
intersection. This has been discussed with the Utility and
Street Departments and reviewed by Planning & Zoning, who
recommended granting the variance; but also suggested
advertising the alley and unused portion of Lindbergh for
sale, keeping an easement for the sewer line.
Mr, Sawyer advised that in previous discussions, the Board
concurred to sell that portion of Lindbergh and the alley by
going out for bids. The land is of no value to the City.
Mr. Sawyer asked if there were any citizen wishing to speak
on this request; and there were none.
Board Member Baldwin asked why the land could not be
deeded over to the Saenz. Mr. Sweatt advised that
law dictates that we have to go out for bids.
just
State
George Moore asked if the land was put up for bids, would it
be brought up to grade so the drainage would be taken care
of.
~0j
Mr. Sawyer said he felt sure the Saenz' would want to pave
it and would take care of that.
Mr. Sawyer closed the public hearing at 7:15 p.m.
#2 Consider and take action on the above BOA request
by Mr. Saenz.
Mrs. Marsh moved to approve the request by Rick Saenz for a
Special Exception to the side yard setback requirements.
Mr. Potempa seconded the motion, which carried with the
following vote:
AYES: Members Potempa, Baldwin, Stanhope, Marsh and
Greenwald
NAYS: None
#3 PUBLIC HEARING: The purpose of the hearing was to
receive citizen comments on a request by Lonnie Nielson,
1012 Andrew Low, for a 4' Special Exception to the rear yard
setback allowing him to build a cover over his existing
patio.
Mr. Sweatt advised that thirteen notices were mailed to
property owners within 300' of this property. Only one was
returned, stating it was a vacant house. A concrete patio
was poured as part of the house construction. Now Mr.
Nielson is requesting to cover this patio, which constitutes
a structure and requires a special exception.
Mr. Sawyer asked if there were any questions or comments
from the public. There were none and no questions from the
members of the board; therefore, Mr. Sawyer closed the
public hearing at 7: 17 p.m.
#4 Consider and take action on the above BOA
by Lonnie Nielson.
request
Mr. Greenwald mQy~g to approve the request by Mr.
Neilson for a 4' Special Exception. Mr. Potempa
the motion, which carried with the following vote:
Lonnie
seconded
AYES: Members Potempa, Baldwin, Stanhope, Marsh and
Greenwald.
NAYS: None
#5 PUBLIC HEARING: The purpose of the hearing was to
receive citizen comments on a request by Winn's Stores Inc.,
500 Schertz Parkway, for a 2' Special Exception to the fence
height regulation allowing them to build their fence 6'
high, rather than the required 8'high.
Mr. Sweatt said notices were
within the required distance.
owner had moved and two were
against the request but gave no
sent to 14 property owners
One was returned because the
returned saying they were
reasons.
239.
When this property was originally zoned, an 8' fence was
supposed to be installed between the store and the
residential area. Because of the way the land is uneven,
Winn's now proposes to build a fence that would be 8' high
on the residential side but only 6' high on the store side,
requiring a Special Exception. Planning & Zoning has
recommended approval.
Mr. Sawyer again asked if there were any questions or
comments from the audience or from board members and there
were none.
Mr. Sawyer then declared the hearing closed at 7:19 p.m.
#6 Consider and take action on the above BOA request
by Winn's Stores, Inc.
Mrs. Marsh moved to approve the request by Winn's Stores,
Inc. for a 2' variance to the fence regulations. Mrs.
Stanhope seconded the motion, which carried as follows:
AYES: Members Potempa, Baldwin, Stanhope, Marsh and
Greenwald.
NAYS: None
#7 ADJOURNMENT: Mrs. Stanhope moved the meeting be
adjourned at 7:20 p.m., with Mr. Baldwin seconding the
motion and it carrying unanimously.
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ATTEST: V
sec(j!~~
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