S BOA 08-06-1991
276
SCHERTZ BOARD OF ADJUSTMENT
AUGUST 6, 1991
The Schertz Board of Adjustment convened on Auqust 6, 1991 at
7:00 p.m. in the Council Chambers of the Municipal Building,
1400 Schertz Parkway, Schertz, Texas, with the followinq members
present: Earl W. Sawyer, presidinq; Joe Potempa; Hal
Baldwin; Barbara Stanhope; Mary Marsh and Ken Greenwald.
#1 HEARING: The Board of Adjustment met to hold a public
hearing to receive citizen comments on a request from Kenneth W.
Webster, 3917 Davenport, for a Special Exception to the Zoninq
Ordinance to allow him to locate a storaqe shed on the utility
easements on the south side of his lot.
Mr. Sweatt qave a little backqround for this request as being
to locate this shed one foot from the property line and ten foot
ten inches from the house. This storaqe unit had oriqinally
been located at a different place on the property by the builder
and that area was in conflict with several easements. After
workinq with the inspectors, the owner is now requestinq
permission for this shed to be located partially over what is an
electric and cable easement on both the side and rear of this
property.
Letters were mailed to twelve property owners within
hundred feet of this property. As of Monday afternoon,
four responses were received and none of them objected to
placement of this shed at this location.
three
only
the
Mr. Chuck Sharpe - 1200 Antler Drive - said he objected to the
grantinq of variances for storaqe sheds on easements, especially
one foot from the property line. He went on to say the purpose
of zoninq is to protect the current and projected life styles
and the grantinq of requests such as this would be an erosion of
the life styles of people in Deer Haven. Mr. Sharpe said that
since the development of Savannah Square, where this property is
located, there has been devaluation of property in Deer Haven
because of the water damaqe as a result of the build up in
Savannah Square. It is not the intent of the ordinances to
present an unattractive settinq for people who live there. He
said he did not feel this would be in the best interests of the
people in Deer Haven or of any citizen of Schertz.
Debbie Marciniak 908 Antler Drive - also objected to the
granting of this variance because it would be setting a
precedence for future requests. She said there is an easement
behind her house and she would not like to see people puttinq
sheds on that easement. She was afraid that it would further
devaluate her property.
Mayor Sawyer asked if there were any further citizens wishinq to
be heard and there were none. He then asked if anyone on the
Council had any comments and there was no one wishinq to speak.
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Mr. Sweatt added that part of the Planning & Zoning
recommendation included the contingency that Mr. Webster
contact the Cable company and receive their written permission
or at least an acknowledgment from them regarding the placement
over the easement. He said he was not sure if that had been
received.
#2 Consider and take action on the above request.
Mr. Greenwald moved to concur with P&Z recommendation and grant
the variance based on receiving written approval from the cable
company.
Mayor Sawyer advised the motion died for lack of a second. He
then asked if there were any other motions.
Mr. Baldwin move to disapprove the variance. Mrs.
seconded the motion.
Stanhope
Mr. Baldwin said he agreed with Mr. Sharpe that we put
easements in the ordinance and at some point in time, Council
had to draw the line. If every request was granted, we would
not need the ordinance or the easements. He said he did not
believe in giving variances on things that are violations of the
ordinances.
Mrs. Marsh asked if the P&Z recommendation of approval was
based on the fact that the storage shed had already been moved.
Mr. Greenwald said it was based on the fact that it had been
built and moved. GVEC had some problems with their transformer
where it was originally located and they brought this to our
attention. He added that this is one of only a few lots that
have double or triple easements.
Although the hearing had been closed, with Council approval
Mayor Sawyer allowed Gail Mata to speak at this time.
Gail Mata
easements
could be.
908 Drayton - advised that she also has
on her lot and she wondered what the purpose of
three
this
Mr. Sweatt said there is an electrical or utility easement on
each side along with a cable easement and an electrical easement
on the rear. The rear one is designed for both electrical and
cable and the side easements are for electrical purposes. He
said he was not sure they are all used.
Mr. Potempa commented that if Alco Builders had followed our
ordinance and had gone through the procedure of obtaining the
permits, they would not have had to have this hearing.
Mayor Sawyer then called for a vote on the motion and it carried
as follows:
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AYES: Councilmembers Potempa, Baldwin, Stanhope and Marsh.
NAYS: Mr. Greenwald.
# 3 Adjourn. Mayor Sawyer adjourned the hearing at 7:13 p.m.
Mayor Sawyer advised that before going into the regular meeting,
it behooves Council to announce that the City has gone into
Stage one of our Water Conservation Program.
Mr. Sweatt explained that this is triggered at the observation
well level of 644 feet. Stage one is basically a voluntary
compliance. He said we ask overall for a ten percent in water
usage. EXisting landscape watering is permitted between the
hours of 8:00 p.m. and 8:00 a.m. on designated days - even
numbered addresses on Tuesdays and Saturdays; odd number
addresses on Sundays and Thursdaysj and Commercial Businesses
on Mondays and Fridays. Waste of water is subjected to
ticketing under violation of the ordinance. Washing of vehicles
is encouraged only through hand-held or similar devices. This
is primarily voluntary, with the exception of waste. New signs
will be posted the next day and warning notices ill be issued.
ATTEST:
y Secretary, City of Schertz
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