Loading...
10-06-1997 BOARD OF ADJUSTMENT MEETING OCT. 6, 1997 The Schertz Board of Adjustment convened in regular session on Monday, Oct. 6, 1997 at 6:00 p.m. in the Municipal Complex Council Chambers, 1400 Schertz Parkway, Schertz, Texas. Those present were as follows: BOARD OF ADJUSTMENT EARL HARTZOG, CHAIRMAN TED DUIGON, VICE-CHAIRMAN ANITA CLARK JOYCE BRISCOE JIM HARRIS NORMAN SLOCUM, ALTERNATE PIA JARMAN, P & Z COMMISSIONER, ex-efficio MEMBERS ABSENT OTHERS PRESENT James & Sherian Love, CITY STAFF ANITA CLARK (Vacation) STEVE SIMONSON, ASST, CITY MANAGER MARY YBARRA, PLANNING SECRETARY #1 CALL TO ORDER Chairman Hartzog called the meeting to order at 6:00 p.m. #2 APPROVAL OF MINUTES: Regular Session of Sept. 15, 1997. Chairman Hartzog asked if there were any questions or corrections to the minutes. Pia Jarman stated she had been out of town and had not had the opportunity to read over the minutes and she understood that some Board Members had noted correction. She suggested postponing approval of the minutes until everyone had an opportunity to read through the minutes and initial corrections had been made. Ted Duigon moved to postpone the approval of the minutes for the regular session Sept. 15, 1997. Jim Harris seconded the motion which carried with a unanimous vote. -1- ~3 PUBLIC HEARING: The Board of Adjustment to receive citizen input on a request from Flair Homes, Inc. 2520 Woodland Village Court, Woodland Oaks Village for a Special Exception to the Zoning Ordinance for rear yard setback (from 50' to 46.6') (BOA #95-97) Chairman Hartzog stated the purpose of the Public Hearing is to receive comments from interested citizens. The Board of Adjustment will take all of the comments into consideration in their decision. After the Public Hearing is closed there will be no other comments taken. Chairman Hartzog asked for staff input. Steve Simonson stated that in accordance with the ordinance for the Board of Adjustment, all property owners within a 200 foot radius were notified. There were 4 letters sent concerning this request, 1 letter was recieved back in favor. Steve Simonson stated this request is for a covered patio that will be built on an existing concrete slab. The cover will encroach into the existing backyard setback. Pia Jarman stated that P & Z had recommended approval. There are many trees that shield the house from the road. The variance request is because of the overlay ordinance for FM 3009 which requires a 50' setback vs the normal 20' backyard setback. Ted Duigon asked if the house isn't also shielded by the fence on FM 3009. Steve Simonson replied, yes, the road is lower than the fence at that point. Earl Hartzog reiterated the public hearing procedures and asked if there are citizens present who would like to speak. Mrs. Love commented they are the buyers of the house and the house was to have a covered patio but when the foundation was put in, it showed the structure would encroach 3 1/2' inside the existing setback. Chairman Hartzog closed the public hearing at 6:05 p.m. with no other comments or questions being voiced. ~4 PUBLIC HEARING: The Board of Adjustment to recieve citizen input on a request from Jack Brown Cleaners dba/Slater White Cleaners, 17460 IH 35 for a Special Exception to the Zoning Ordinance of Restroom Requirements of two (2) to one (1). (BOA # 96-97). Chairman Hartzog stated the purpose of the Public Hearing is to receive comments from interested citizens. The Board of -2- Adjustment will take all of the comments into consideration in their decision. After the Public Hearing is closed there will be no other comments taken. Steve Simonson stated as this is a publized public hearing the rules had to be followed. Letters were sent out to property owners within 200' of the property. Two (2) letters were sent out, one (1) letter received back was in favor. There are notes in the packet of the exceptions that Planning and Zoning and I was not aware of, of the building code that was not available when the request was first brought up resulting in a denial to the request by the Commission. It is a moot point because of the building code, which states that this type of building of 1500 sq.ft. or less is authorized a single bathroom. Ted Duigon stated he had a question on the Sept. 12, 1997 letter from Planning and Zoning on paragraph #5 where it ends: "Due to the maximum number of employees," he didn't know where to continue. Pia Jarman stated the back of the letter did not get copied. Steve Simonson stated the statement continues on the back of the letter and states: "minimum amount of customer service area, and our quick (1 min) transaction time, we feel two restrooms are not warranted for this particular location." Ted Duigon commented why was the minimum amount of customer service addressed, is it questionable as to whether it is or it is not available for public or the customer. Steve Simonson stated he is just making a statement. Earl Hartzog stated that at the time the City inspectors requirements were two bathrooms, since then a clarification to the exception to the rules has been found in the ordinance. Pia Jarman stated that at the time the Commission met it was not aware of the exception. Since then City staff has found the exception in the Southern Building Code. Chairman Hartzog closed the public hearing at 6:10 p.m. with no other comments or questions being voiced. #5 CONSIDER AND TARE APPROPRIATE ACTION: Consider and take action on the above Special Exception request from Flair Homes Inc. BOA #95-97. Ted Duigon stated that it seems that there are many slip-ups in new housing developments with buildings at various degrees of construction. When there is an awareness of a "slip-up" it is then too late in the game. "I don't know if the problem is with the surveyors; because builders are in a hurry or inspectors are overworked but it is happening with a degree of frequency." Earl Hartzog stated he agreed with Mr. Duigon. -3- Steve Simonson commented that the requests are actually less than what Board of Adjustment, Planning and Zoning and City Council were used to getting; the reason being that the lots are now much deeper and we are now running utilities in front. We are however facing sideyard problems and this is the first overlay problem. The Continental Homes request is an exception. The pin measurement was incorrect. Steve Simonson added that the buyer loved the location, the house and it has a built-in patio slab and now they would like to cover it, there is plenty of backyard and a 50' building setback. Ted Duigon stated that when the slab was put down in front of the patio they didn't realize it wasn't supposed to be in that area. Jim Harris stated the patio is acceptable if it is not covered. Steve Simonson stated that the City is trying to change what it is running into with builders and salesmen changing items. The City is keeping files that these are additional items that lots have and to make buyers aware when they come in. Many of the salesmen aren't forthright in all of the items that are required by homeowners when they come in to purchase homes. The City tries very hard to keep everyone informed about what is being done to protect their lots and why certain rules are in effect. Earl Hartzog stated that when the overlay district was put in, the City did not envision houses in the area but did envision businesses all along FM 3009. Steve Simonson stated it is 60~ zoned commercial and some existing residential lots. We are now seeing more residential then what we thought. Earl Hartzog stated he had a suggestion for Planning and Zoning to take a look at the 50' building setback and do some deviation since there is residential and there is some backing up to it in some cases. He can see in the future requests to the Board for utility buildings encroaching in the 50' setback. Steve Simonson stated a utility building is considered a separate building and is considered accessory use and the only time a request comes before the board is for anything past the main structure itself, when we need to deal with setbacks or easements. Pia Jarman said since the 50' building setback is designed to preserve the natural resources and aesthetics of the 3009 area. She doubted that Planning would ever lessen this requirement. Jim Harris moved to approve the request from Flair Homes, Inc. 2520 Woodland Village Court, Woodland Oaks Village for a Special Exception to the Zoning Ordinance for rear yard setback (from 50' to 46.6'}. Joyce Briscoe seconded the motion which carried as follows: Ayes: Jim Harris, Norman Slocum, Ted Duigon, Joyce Briscoe. Opposed: Earl Hartzog -4- ~6 CONSIDER AND TAKE APPROPRIATE ACTION: Consider and take action on the above Special Exception request from Jack Brown Cleaners dba/Slater White Cleaners. BOA #96-97 Ted Duigon moved that the item does not belong on the agenda due to mitigating events and should be removed from the agenda. Jim Harris seconded the motion. Steve Simonson stated if a motion is made we need to go with it. Ted stated an exception can't be granted when it is not needed. Ted Duigon amended the motion and moved that the item be struck from the agenda based on the new information that we have. The motion carried unanimously. ~7 GENERAL DISCUSSION: Jim Harris• Had no comments. Norman Slocum: Norman commented about a conversation he had with Steve Simonson about 2 (two) years ago on the North American Free Trade Agreement and changing traffic levels on IH 10. The traffic not only goes IH 10 East and West and 410 but it also goes East to West on 1604. 1604 from IH 10 East to FM 78 is not four lanes, and some of the traffic, because of the construction on IH 35, is now using FM 1518 to bypass the construction and using FM 3009 to re-access IH35 rather than going 1604 which is now a bottleneck because it is only two lanes. "The reason I bring it up 2 years later is because I live off Ware Seguin Road at FM 1518". Does the City of Schertz have records that show the traffic load as well as the traffic type? Steve Simonson stated at this time the City does not have any. He knows of a traffic count of how many vehicles, this information he can get. He does not have information on the type of vehicles. Norman stated that areas on 1518 have been destroyed because it cannot take the weight of the vehicles used in construction. In traveling on 1518 you can start to see the waves in the asphalt and with time it will start to crack. If we don't look ahead, someone will have a big problem. What are the City's options? Steve Simonson stated that the City is talking with the Seguin office of the Texas Hwy. Dept. about the condition of FM 1518. They are looking at the whole area for two reasons: one being all the flooding in Lakewood acres. -5- Norman stated The Commercial trucks. Steve information. Ted Duigon• the high traffic will have an impact on 1518. businesses out in the area will bring the heavy Simonson stated he would try and get some Ted commented about the traffic on FM 3009 and IH 35 at the HEB and Diamond Shamrock. I have seen 5 injury accidents at this intersection where EMS actually comes out. Left turns are the problems at both of the locations. My solution would be to seriously consider making it no left turns on to 3009 out of those places like HEB, Diamond Shamrock. Away to do this is with a concrete divider in the middle of FM 3009 between the north and southbound lanes. Joyce Briscoe: Had no comments . Pia Jarman• Pia asked Steve Simonson if he had heard from the City attorney on the meaning of "Public Office". Steve Simonson responded, he had no information to report at this time. Steve Simonson: Steve commented the growth is still going on. The Tri-business Park is about to explode. A 350,000 sq.ft. building is planned for the area. Jim Harris commented on the opening of the new restrauant "Nathalies" on Main Street. Steve Simonson said the parking problem was solved in two ways; A Southern Pacific deal to use the area on the corner as a parking lot; and the purchase of the old lounge to use as parking area. Steve also added that Taco Cabana has been approved on FM 3009. The 78 bridge is still part of the project for the FM 78 widening. The City is in the process of buying the ROW now. FM 78 will have a whole different look. It will be a good looking road. The City will be talking with property owners about landscaping and more. Earl Hartzoct Earl announced there is a vacancy on the Planning & Zoning Commission if anyone is interested. "We will hate losing you if anyone decides to apply". Steve commented that two of the board members had applied. Earl added that if there are any corrections to the minutes please give them to Mary. -6- Earl would like the South bound IH 35 exit at Schertz Parkway to be looked at. The traffic is exiting way too fast. The Highway Dept. needs to take a look at this exit. Did everyone get an invitation Dinner, Oct. 14, 1997? Jim received an invitation. A list City Staff and Mary will che~ happened. Earl suggested the should attend. to the Harris of Boa ~k with Dinner Business Appreciation commented he had not rd members were given to Margaret to see what is something everyone Steve commented if the Board members attending the Dinner do not see him or any of the Commissioners, it is because the Planning and Zoning Commissioners and City Staff have to work that evening. #6 ADJOURNMENT: Chairman Hartzog adjourned the meeting at 6:35 p.m. ATTEST: Board of Adjust nt airman, City of Schertz, Texa Planning Secretary, City of Schertz -7-