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08-11-1997BOARD OF ADJUSTMENT MEETING AUGUST 11, 1997 The Schertz Board of Adjustment convened in regular session on Monday, August 11, 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 OTHERS PRESENT EARL HARTZOG, CHAIRMAN TED DUIGON, VICE-CHAIRMAN ANITA CLARK JIM HARRIS JOE POTEMPA, ALTERNATE JOYCE BRISCOE PIA JARMAN, P & Z COMMISSIONER ex`-officio MEMBERS ABSENT #1 CALL TO ORDER OTHERS PRESENT JAN P. HUGGINS, 2925 BENT TREE DR. CITY STAFF STEVE SIMON50N, ASST, CITY MANAGER MARY YBARRA, PLANNING SECRETARY Chairman Hartzog called the meeting to order at 6:00 p.m. Chairman Hartzog extended his condolences to Jim Harris and family on the loss of 'his- wife on behalf of the BOA Jim Harris expressed his appreciation on behalf of his family for the support shown by the City of Schertz. #2 APPROVAL OF MINUTES: Regular Session of June 30, 1997. Chairman Hartzog stated Board Members should have a copy of the corrected pages 3 and 4 and on page 5 a correction of a word. Joe Potempa stated that on page 4, it should state that he would like to volunteer next month as a regular member for the BOA. Joe Potempa moved to approve the minutes for the regular session June 30, 1997 as corrected. Anita Clark seconded the motion which carried as follows: -1- Ayes: Earl Hartzog, Anita Clark, Joe Potempa Jim Harris. Abstention: Ted Duigon, Joyce Briscoe (not present at said meeting). #3 PUBLIC HEARING: The Board of Adjustment to receive citizen input on a request from Jan P. Huggins, 2925 Bent Tree Drive for a Special Exception to the Zoning Ordinance to the 20' rear yard setback to allow extension of existing deck.(BOA #93-97) 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 this proposal is being sent by the Planning and Zoning Commission, they are recommending approval. If you look at the drawing of the house and the proposed addition it shows that only a quarter or a very small portion of one corner will intrude into the 20' setback and that none of the area will be intruded in the utility easement in the rear. Chairman Hartzog asked how many letters were sent out. Steve Simonson commented 11 letters were sent out concerning this request and 5 letters were returned in favor. Chairman Hartzog asked Pia Jarman if there were any comments from Planning and Zoning. Pia Jarman stated Planning and Zoning recommends approval. Pia Jarman stated that Mr. Huggins did not have a neighbor behind him; that area is all in the 100 year flood plain and there will never be any one behind him. Chairman Hartzog asked Mr. Huggins if he had any comments. Mr. Huggins had none. Earl Hartzog added there was no one present in the pubic to oppose the request. Chairman Hartzog closed the public hearing at 6:05 p.m. with no other comments or questions being voiced. #4 CONSIDER AND TARE APPROPRIATE ACTION: Consider and take action on the above Special Exception request from Jan P. Huggins. (BOA #93-97) Joe Potempa moved to approve the request from Jan P. Huggins, 2925 Bent Tree Drive for Special Exception to the Zoning Ordinance for 20' rear yard setback to allow extension of existing deck. Ted. Duigon seconded the motion which carried as follows: _2_ Ayes: Anita Clark, Jim Harris, Joe Potempa, Ted Duigon, Earl Hartzog. Pia Jarman brought up a Point of Order: This Board of Adjustment consists of five members. The meeting started with the fifth member being an Alternate upon arrival of the regular member, the Alternate should have stepped out. The arrival of the regular member was inadvertently overlooked as it was almost simultaneous with the chair's gavel calling the meeting to order. To maintain the legality of the meeting, Joyce Briscoe, conversant with parliamentary procedures, did not vote on this issue. Pia believed she needed to bring this up because the attendance record will show five regular members and one alternate. It will also explain why Joyce Briscoe did not vote, there having already been five {5) ayes by the time it was her turn to cast a vote on agenda item #4. #5 CONSIDER AND DISCUSS: The reappointment of the following BOA members: 1. Earl Hartzog, Chairman 2. Ted Duigon, Vice-Chairman 3. Joe Potempa, Alternate Chairman Hartzog commented he had talked to each one of the members and they all desire to continue to serve. Joe Potempa would prefer to be a permanent member on BOA, at the moment Ted Duigon would like to continue to be a permanent member. Chairman Hartzog stated that if there was no objection, he would like a motion to make the recommendation to City Council for reappointment of the members to the Board of Adjustment. Joe Potempa stated that this issue was on the agenda for the City Council meeting Wednesday night, all they are waiting for is a letter from the BOA. James Harris moved to recommend to City Council the reappointment of these members. Joyce Briscoe asked shouldn't this request show Joe Potempa as alternate? Chairman Hartzog commented it should. Joe Potempa commented he could be permanent. Ted Duigon stated this is an item for discussion, what is current policy on members. -3- Steve Simonson stated that under the current rules, we would have to go by the appointment of an alternate and the appointment of the permanents, the Chairman and Ted Duigon, and Joe Potempa would have to be an alternate. Steve Simonson added at the next meeting the rules on the number of permanent personnel and alternates could be discussed as well as which to change. Then the members would need to come in with suggestions and make a recommendation to City Council. A vote later could change the status quo and a recommendation could be sent to City Council to change Mr. Potempa to a permanent member. Under the current rules, it cannot be changed. Chairman Hartzog stated Steve Simonson commented members to 7, but that ~ different BOA meeting. Chairman Hartzog stated reappoint these members. carried as follows: how would that change on the vote. that the vote would have to go from 5 could have to be a separate item at a there was a motion on the floor to Anita Clark seconded the motion which Ayes: Jim Harris, Anita Clark, Joyce Briscoe, Ted Duigon, Earl Hartzog. #6 GENERAL DISCUSSION: Joe Potempa: Joe Potempa stated he had no comments Jim Harris: Jim Harris stated he had no comments Anita Clark• ' Anita Clark stated she was disappointed that none of the bond proposals for the parks were approved. It was a matter of lack of education for citizens. Ted Duigon: Ted Duigon stated he needed a clarification on the cover letter from Steve Simonson. Steve Simonson stated it should read major "developers". Ted Duigon stated that it was mentioned that the module trailer in front of the mobile home on Schertz Parkway was temporary and it looks more permanent. Steve Simonson added these were the offices for the model homes being built which P & Z approved and parking will be where the module trailer is now. -4- Joe Potempa asked had any one looked at the drainage, the other night with the rains we have had, the water was up to the Mexican restaurant, on its sides, back and into the streets. Its slowing the water. Jovice Briscoe• Joyce Briscoe stated she had made it through her first day of school. Pia Jarman• Pia Jarman stated she had no comments Steve Simonson: Steve Simonson stated Taco Cabana was going to be a problem child. The site plan has been brought in and even though they were told there were restrictions on sign height on 3009, because they are not on IH 35, they still came in requesting a sign variance for a sign 70' high. They were told in the beginning the requirements and that there would be no deviation from it. Steve Simonson added that there will also be a Taco Bell going in and about 4 or 5 more businesses at Tri-County Business. One of them being a building about 375,000 sq.ft. This is a single user coming out of San Antonio. We are talking about a lot of large square foot buildings coming in. Joe Potempa asked what was the maximum height requirement for a sign. Steve Simonson commented that on 3009 it is 18.7', and all the large signs are on IH 35. Chairman Hartzog asked Mary Ybarra if there was anything coming up. Mary Ybarra commentedtno. Chairman Hartzog: Earl Hartzog stated he had no comments Chairman Hartzog adjourned the meeting at 6:20 p.m. ~'~ ~, Board of A just nt airman, ATTEST: Planning Secretary,. City of Schertz -5-