Loading...
S BOA 02-05-1991 /x 141 BOARD OF ADJUSTMENT MEETING FEBRUARY 5, 1991 The Schertz Board of Adjustment convened Tuesday, February 5, 1991 at 7:00 p.m. in the Council Chambers in the Municipal Complex, 1400 Schertz Parkway, Schertz, Texas. The following members were present: Mayor Earl W. Sawyer, presiding; Joe Potempa; Hal Baldwin; Barbara Stanhope; Mary Marsh and Ken Greenwald. Staff present were City Manager Kerry R. Sweatt and City Secretary June Krause. Mayor Sawyer welcomed everyone to the meeting and asked if they would stand and join him in the Pledge of Allegiance. Mayor Sawyer then read a proclamation in which he proclaimed the month of February as "Volunteer Month" with the 14th being "Vol unteer Day". He mentioned that Mr. Merwin Willman is the City's nominee for Volunteer of the Year. #1 BOA HEARING: The purpose of the BOA Hearing is to receive citizen input on a request by Alco Creative Builders on behal f of Henry Spires I 3713 Olde Moss I for a three foot rear- yard setback variance to the Zoning Ordinance. Mr. Sweatt reminded Council that this was discussed at the last Workshop I with a drawing being furnished. There is an existing building on the property this was a shed that was placed wi thout obtaining a permit. It was placed wi thin twelve inches of the fence on the Savannah Drive side of the lot. It is eight foot wide by twelve foot long and eight foot high. The placement of this shed violates two sections of the zoning regulations. One is the proximity to the side yard and the other is the distance from the rear of the building. The Planning & Zoning Commission held a publ ic hearing on this issue. Notices were sent for this hear ing to property owners wi thin three hundred feet of this property. The Planning & Zoning Commission recommended that the variance be granted with the provision that the building be turned around so, that the length ran wi th the width of the lot, so that the twel ve foot length was set back from the side a minimum of three foot, which would qualify with that requirement. By turning the building, this would reduce the var iance needed from five foot to three foot for the rear separation between the main building and the utility building. A tabulation of those that responded was furnished in the packets. Mayor Sawyer asked if there were any residents wishing to speak on this request and there were none. Mr. Baldwin asked if there was a slab under this building and Mr. Greenwald said no, that it was skid mounted. 142 #2 Consider and take action, if any, on the above request. Mr. Greenwald moved to approve the setback as approved by Planning & Zoning Commission granting the three foot variance to the back yard. Mrs. Marsh seconded the motion. Mr. Potempa asked if the owner has obtained a permit. Mr. Sweatt said no, but if the request is granted then he will have to secure the permit at a double fee. Mayor Sawyer then called for a vote on the motion, with the motion carrying as follows: AYES: Councilmembers Potempa, Baldwin, Stanhope, Marsh and Greenwald. NAYS: None #3 Consideration of and appropriate action regarding granting of requested variance for the benefit of Resurrection Baptist Church. Mr. Sweatt said that after the discussion of this item at the last workshop session, he and Mr. Spain had discussed this. He said he had contacted our insurance carrier - TML - to discuss the position of both the insurance company and the City as it might stand on liability of this issue. Obviously, our carrier has concern - the Executive Director has assured us that the City does have a degree of 1 iabil i ty. There are concerns regarding persons that might participate in any type of agreement - such as victims. The bottom line is that any type of action in this regard does broaden our exposure. Mr. Spain said he had received a letter this date from the attorney for the church and they are beginning to layout the intended uses. There are a lot of things a church is involved in beside services. They are laying out the immediate uses and some possible future uses. He said what he is prepared to do is to provide their attorney, if it is the Council's pleasure, a draft of an agreement. It addresses, on one hand, the desires of the church; but at the same time, addressing the safety concern and not departing more than is absolutely necessary from the overall zoning plan that the City has. It may mean that there are some things that a church might want to do in the future that the City would feel would be inappropriate and the church would have to look at that. If it is the Council's pleasure, the agreement could be ready the next afternoon. Mr. Greenwald moved to grant the requested variance from APZ-l zoning for the benefit of the Resurrection Baptist Church to operate the church facility in the existing building at 909 FM 1518. However, as part of my motion, the variance will not become effective unless and until the City Attorney approves, and the City Manager signs, an agreement between the City of Schertz / ex 1 '; .-~, q,~~ and Resurrection Baptist Church regarding the nature and the scope of variance. the conditions under which the variance would end, and other matters which the City Attorney and the City Manager believe are appropriate to reflect the safety concerns of the City. I want my motion to be clear; this variance will not be effective unless the City Attorney and the City Manager are satisfied with the terms of final agreement between the City and Resurrection Baptist Church. Mr. Potempa seconded the motion. Mr. Sweatt said he would ask Attorney Spain to speak to one concern so as not to mislead the church in this regard. Mr. Spain said the only comment he would like to make to the church is the action taken at this meeting is intended to take care of whatever action the Council needs to take on this matter. He said we will begin to work on the agreement but he wanted to make clear that the variance is not granted until the agreement is signed. He again said that since the variance is not granted until the agreement is signed, if it is a question of closing on the property on a certain date or not keep this in mind. He added that he hoped the agreement could be finalized rapidly. Mayor Sawyer then called for a vote on the motion and it carried as follows: AYES: Councilmembers Potempa, Baldwin, Stanhope, Marsh and Greenwald. Nays: NONE Mayor Sawyer said that pending reaching an agreement, he wanted to welcome the Resurrection Baptist Church into our community and said he looked forward to working with them in the future. Mr. McDaniel said he realized it was not final but they did want to say thank you for Council's time and the opportunity to let them give their side of the request. Mayor Sawyer then declared the Board of Adjustment closed at 7: 17 p.m. ATTEST: