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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. ~~~i:~ ATTEST: V sec(j!~~ -- --------