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07-22-2002Board of Adjustment Monday July 22, 2002 ~-- The Schertz Board of Adjustment will convened'' in a public hearing on 10 June 2002 at 6:30 p.m. in the Municipal Complex at Council Chambers, 1400 Schertz Parkway, Schertz, Texas. BOARD OF ADJUSTMENT Earl Hartzog, Chairman Ted Duigon, Ernie Evans, Planning Commissioner Joe Potempa James Harden CITY STAFF Ron Youngblood, City Planner Misty Nichols, Recording Secretary MEMBERS ABSENT Kathy Hill OTHERS PRESENT Hazel Bauer,3617 Granite Field James Crutchfield, 515 Aero Ave. Billie Linehan, 614 Brooks Ave. George Mower, 501 Brooks Ave. Kari Schoonover, 1660 Royal Palm #1 Call to Order: The meeting was called to order at 6:30pm. #2 Approval of Minutes: The minutes for June 10, 2002. Mr. Duigon noticed a couple of administrative corrections, Ms. Peggy Brown needs to be removed from the list of attendees and Mr. Potempa, needs to be added~~" ~~ ~...--4°~ M~r.H~arden moved to approve the minutes as amended by Mr. Dragon. Mr. Potempa seconded the motion. A vote was taken. The motion carried. #3 Public Hearing: On a request from Harry Bauer Jr. at 502 Aero Ave., Aviation Heights Subdivision, for a special exception to the Zoning Ordinance for a second curb cut used to park an RV camper.(BOA # 174-02) Mr.Youngblood stated of the 55 letters sent, of those, 8 were were if favor and 2 were opposed. He explained the Planning and Zoning Commissioners had concerns on the safety aspect. The first meeting Commissioners tabled this request and asked for Mr. Bauer to provide letters from neighbors in approval of parking his motor home in his yard. Commissioners were also concerned with the motor home obstructing the line of sight and possibly extending into the sidewalk. Photos were taken and the motor home gives a clear line sight n does not interfere with the sidewalk. The Planning and Zoning Commission e request o June 28"', 200 '~ to The Board of Adjustment. Chairman Hartzog asked what is~ staff's recomme dation? Mr. Youngblood refrained from making a recommendation. ~ ----° Chairman Hartzog asked if any citizens would like to li to speak on this matter. Mr. Brockman, at 4505 Grand Forest, mentioned that Mr. Bauer had to take down a ~-- considerably sized tree from his yard to accommodates his motor home. He then stated he would like to commend him although he did not seem to be present at this time. Ms. Bauer, 3617 Granite Field ,stated she is Mr. Bauers daughter speaking on behalf of Mr. Bauer since he could not be here tonight. She stated yes, he did have a 35 year old tree removed_ in order to park his motor home next to his home. She then mentioned how the streets speed limit is only 20 mph, giving anyone plenty of time to stop if needed. ...~ Mr. Mower, 501 Brooks Ave. r8'tated he feek Mr. Bauer should be gives the courtesy from the city to allow Mr. Bauer to park on his own property. ~ Mr. Crutchfield, 515 Aero Ave. stated he was opposed to the curb cut, he felt this an eye sore and should be parked in the alley behind his house. Ms. Bauer then stated they measured the alley and it would be impossible to drive the motor home in the alley. Also there is no way to create a pad in back due to a septic tank. ---~'~ Mrs. Crutchfield stated that this createsa n unsightly view. ~._~ Closes Hearing #4 Public Hearing: On a request from Mr. & Mrs. Schoonover at 1660 Royal Palm, Greenshire Subdivision, for a special exception to the Zoning Ordinance to encroach into the rear yard setback from 20' to 14' and 16' to construct a wood deck and trellis. (BOA #180-02) Mr. Youngblood stated that the Planning and Zoning Commission forwarded this request with a recommendation of approval. A total of 26 letters were sent out•3 returned in favor and 1 opposed,~o utilities are. affected and staff recommends approvaLJ ~~ ~~ ¢~ -~-~ Close~Hearing _ #5 Public Hearing: On a request from Mr. Linehan at 614 Brooks Ave.., Aviation Heights Subdivision for a special exception to the Zoning Ordinance for an additional curb cut. (BOA # 179-02) 5~~~ -` Mr. Youngblood 13 letters were sent out)7 in favor, and 0 opposed.. Staff defers comments at this- time to Mr. Evans. 1 ~, --- Mr,~Evans stated the prime problem with proposal originally designed ~cfiother drive exists only 3 feet from the proposed drive. This presentsa very narrow drive. This would become a safety hazard. Mr. Linehan stated that originally the proposal was for a truck to be parked in this drive. .Now the proposal is to wok toward a 6 foot or even a 4 foot drive in order to park his tractor. Mr. Duigon asked how he could ask fora 4 or 6 foot driveway. How can a vehicle be driven on a drive less than 8 foot wide? - Mr. Linehan stated he then would use it for his tractor. Close Public Hearing #6 Consider And Take Appropriate Action: On a request from Harry Bauer Jr. at 502 Aero Ave., Aviation Heights Subdivision, for a special exception to the Zoning Ordinance for a second curb cut used to park an RV camper. (BOA # 174-02) Mr. Duigon asked if any part of the motor home extends past the front part of the house? Mr. Youngblood stated there is a septic tank on this property. The lateral line that feeds from the septic is at the side of the house. :m Mr. Duigon stated that essentially a house is being parked ~ right up on a sidewalk. The city has an Ordinance that states when a home is built it will be set back so many feet from the front yard. Mr. Youngblood explained how Mr. Bauer mentioned he paid a. good amount of money on this and would like to wake up every morning to see where his money is. - Mr. won wanted to know the three addresses that were opposed. Mr. Youngblood stated the addresses are 410 Brooks Ave., 510 Aero Ave., and 515 Aero Ave. The Board spoke briefly on the safety issues they could see as far as backing into or out of this drive. With no further discussion Mr. Duigon moved to di approve the request from Mr. Bauer. Since -}~, ~~ ~.. was not a second the chair asked for~withdraV~ttiis motion and asked for another motion. Mr. Harden moved to approve the request of Mr. Bauer. Mr. Potempa seconded the motion. A vote was taken. Ayes: Mr. Harden, and Mr. Potempa. Nays: Mr. Duigon, and Chairman Hartzog. The motion was disapproved. #7 Consider And Take Appropriate Action: On a request from Mr. & Mrs. Schoonover at 1660 Royal Palm, Greenshire Subdivision, for a special exception to the Zoning Ordinance to encroach into the rear yard setback from 20' to 14' and 16' to construct a wood deck and trellis. (BOA #180-02) Mr. Harden moved to approve the request from Mr. &Mrs. Schoonover. Mr. Potempa seconded the motion. A vote was taken. The motion carried. #8 Consider And Take Appropriate Action: On a request from Mr. Linehan at 614 Brooks Ave., Aviation Heights Subdivision for a special exception to the Zoning Ordinance for an additional curb cut. (BOA #179-02) ~~ d Mr. Duigon stated he looked at this area~there is a carport over the existing drive. He could not see how this could be done with these lot sizes so small. Chairman Hartzog asked what size are the lots in this area? Mr. Youngblood stated they are 65x140. Chairman Hartzog then stated he could see that the existing driveway could be widened. Mr. Duigon moved to disapprove the request from Mr. Linehan. Mr. Harden seconded the motion. A vote was taken. The motion carried. #9 ITEMS BY THE BOARD AND CITY PLANNER: -~--~~° Chairman Hartzo~~stated Misty enclosed a sch;~dul~f meet s_for the Planning and ~ning ~ ~~~' ~..._, as well as ~ set"1-c~'~-th Monday of each months Not yep side ire Board is ready to make a decision for a specific date. Mr. Duigon stated he met with Mr. Youngblood and Ms. Nichols on this matter. He made the point that he understood the administrative burden. A lot of administrative actions need to take ---~--place before a public hearing be held. Referring to the minutes of last month it states that whether a~"ariance is approved or disapproved the request will still be forwarded to the Board of Adjustment. There are a couple of actions that need to take place for the Board of Adjustment meeting. One of which is the public notice and another is to ascertain addresses ..._ within a 200 she foot radius of the individual requesting a variance, then a generic a er is sent to these addresses. He suggested that while in the process of being heard #~~i the Planning and Zoning Commissioners the public notice addresses and letter should all be prepared. Once The Planning and Zoning Commission has decided on the request they will ~ forward to The Board of Adjustment. With all the paperwork ready the notice can be published for the earliest meeting date possible. Action to hold a Board of Adjustment meeting should be as soon as possibly allowed with all the administrative procedure involved. Mr. Duigon stated that whatever the minimum time to allow for the next meeting to be scheduled is when the meetings should be held. Chairman Hartzog stated that he understands the reason for the scheduling of a meeting for ~-- the forth Monday of the month. He likes the idea that he can adjust his own schedule for a specific date each month to set aside for the Board of Adjustment. S o ~i`~ Mr. Hartzog stated ~e would also like to see a set date for when a citizen walks in for a _,~..--~~"variance they know scheduled meeting~are ; ~~. Mr. Youngblood stated this is ,a notif~ation to the Board members and this is the schedule of meetings. This will be hande fat ~he i`ime-~-citizen.filkout an application~~a~ ~ ~~.~~-~~,~~_, ~--~ #10 ADJOURNMENT: The meeting~ddjourned at 7:30pm. ~~ Chairman, Board of Adjustment' ATTEST: Planning Secretary, City of Schertz