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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. J 277 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: \ 278 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 I )