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09-15-1997BOARD OF ADJUSTMENT MEETING Sept. 15, 1997 The Schertz Board of Adjustment convened in regular session on Monday, Sept. 15, 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 JOYCE BRISCOE JIM HARRIS PIA JARMAN, P & Z COMMISSIONER, ex-officio MEMBERS ABSENT None Cedric Edwards, 3521 Saratoga Place Wendy Rybicki, 3524 Saratoga Place Robert L. Woodfork, 3500 Saratoga Place Nancy Riviello, 3504 Saratoga Place Richard S. Watson, 3517 Saratoga Place Elizabeth Gerteis, 3513 Saratoga Place CITY STAFF KERRY SWEATY, CITY MANAGER MARY YBARRA, PLANNING SECRETARY #1 CALL TO ORDER Chairman Hartzog called the meeting to order at 6:00 p.m. City Manager Mr. Kerry Sweatt is sitting in for Steve Simonson. #2 APPROVAL OF MINUTES: Regular Session of August 11,1997. Chairman Hartzog asked if there were any questions or corrections to the minutes. Ted Duigon moved to approve the minutes for the regular session August 11, 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 Continental Homes, 3516 Saratoga Place, Carolina Crossing Unit 1, for Special Exception to the Zoning Ordinance for a front yard setback (from 25' to 24.7') and side yard setback (from 5' to 3.4'). (BOA #94-97) 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. Mr. Sweatt stated for the board's review and information, notices were sent out on Aug. 30, 1997 to property owner's informing them of the public hearing. Mr. Sweatt reiterated, the request for the Special Exception to the Zoning Ordinance submitted by Continental Homes. Mr. Sweatt informed the board that 19 notices were mailed, of which 2 were returned, one in favor, one opposed. Mr. Sweatt stated Lot 18, 3516 Saratoga Place is a 55' frontage lot. then the house was sited on the lot the surveyor's sighting the house used the lot lines of lot 27, resulting in the house to be at an angle. Mr. Hartzog asked what is the address of the person opposed to this request. Mr. Sweatt replied, 3525 Saratoga Place. Another item of information is that Lot 17 is owned by Continental Homes and when a house is selected to be built they have assured the Commission that the 15' setback separation between homes will be maintained. Pia Jarman stated Planning and Zoning recommended approval based on Continental Homes assurance that the home built on the vacant lot will maintain the required distance of 15' between the two homes. Chairman Hartzog asked if anyone is present to represent Continental Homes? Terry Boeck representing Continental Homes stated he can demonstrate the proposed construction for the vacant lot. Mr. Boeck was asked to wait so the Board could hear comments from the citizens. Chairman Hartzog asked if anyone had any comments to please step to the front, state his/her name and address. -2- Cedric Edwards, 3521 Saratoga property value. Regardless of what will this do to the value and at present? Could there be playground or park? Place stated his concern is the floor plan and structure of his property in the future other alternatives, such as a Wendy Rybicki, 3524 Saratoaga Place stated her concern is allowing developers to make mistakes and then ask for forgiveness from the City. If mistakes of this kind happen maybe the city can "fine" these developers which may eliminate this problem. Her concern is also property values. Terry Boeck representing Continental Homes stated that mistakes aren't made on purpose; They do have check lists that they follow. Unfortunately, at this location a "form verification" was not done which is part of the check list. If this would have been done this problem would not have occurred. Mr. Boeck explained in detail to the Board and citizens the three floor plans Continental has in mind to build on the vacant lot. It will be a smaller house that will maintain the 15' separation between homes. Quality and construction will be maintained in any of the floor plans used. Values on property will not be affected. Nancy Riviello 3504 Saratoga Place stated her property is to the left of the property in discussion. Is the issue in discussion the house at 3516 Saratoga Place or the vacant lot? Chairman Hartzog explained, the house at 3516 Saratoga Place is the issue in discussion. The request is for a sideyard, frontyard variance. A 15' subdivision requirement between homes will be maintained. Ms. Riviello stated she was opposed to the request. Ted Duigon stated that his concern is the proposed house to be built on the vacant lot. Would the potential buyer have the choice of any floor plan available from Continental for construction on the vacant lot? Jim Harris asked if the issue in discussion is Lot 18? If the board approves or disapproves the request, it does not stop Continental Homes from building whatever they want on the lot. Elizabeth Gerteis, 3513 Saratoga Place stated her concern, is there a buyer for the house and what is the price? Mr. Boeck informed the board that the house has been taken off the market pending resolution on the request; and price has not been discussed. Chairman Hartzog closed the public hearing at 6:30 p.m. with no other comments or question being voiced. -3- ~4 CONSIDER AND TAKE APPROPRIATE ACTION: Consider and take action on the above Special Exception request from Continental Homes, (BOA #94-97) Ted Duigon stated that while the variance request is for lot 18, 3516 Saratoga Place, it could affect whatever is built on lot 17 which also has sideyard and frontyard setback requirements. Setback requirements are two sided issues. One is to keep houses from being built too close to property lines and thereby limiting the footprint size of a structure vis-a-vis lot size and to maintain desired separation between adjacent structures for safety and other environmental considerations. If the variance or exception is given to lot 18 without expressing any restrictions on future construction on lot 17, we could end up with two houses, one with a sideyard variance and one without variance or restriction which would reduce the desired separation between adjacent structures. If the board grants the variance we could place a restriction on the location of any future building on lot 17 maintaining the desired separation while eliminating the largest footprint option available from Continental Homes for construction on lot 17. He believes by mandating a smaller footprint house on lot 17 we would be rejecting the concerns of property values expressed by the citizens who spoke this evening. Joyce Briscoe stated the concern that Mr. Duigon is discussing has been addressed by the Planning and Zoning Commission. Chairman Evans cover letter states the 15' separation between the homes will be maintained. The building inspector will make sure the requirement is followed. Joyce stated we as the board can only grant the variance, we do not have the jurisdiction to make other requirements. We as the board can make the decision whether to grant the variance or deny it and have it torn down. The problems homeowners face are with the developers, we as a board cannot help on these issues. She suggested in order to keep good relations between the homeowners and the developer, a meeting of the Homeowners Association and developers be arranged and these problems be worked out. Ted Duigon asked the City Manager, Mr. Sweatt, under the existing ordinance for setbacks, is it true that Planning and Zoning Commission can direct a builder to adjust the future location of a building, therefore increasing the required setback in order to maintain some separation between proposed construction and an existing adjacent structure that was given a setback exception. Mr. Sweatt replied, yes just as long as it is not less than the overall requirement between homes. Mr. Sweatt added, both lots are owned by the same owner and in this case the board can make this a condition. -4- Chairman Hartzog stated that Planning and Zoning make recommendations to the board in their findings. In this case the 15' separation between homes will be maintained by the developer by building a smaller house. Pia Jarman stated the 15' requirement is in the Unified Development Code (UDC) of the City of Schertz. The 15' separation is a safety issue. We as a Commission do not get involved in the type of house or its square footage. Joyce Briscoe moved to grant the variance to Continental Homes with the stipulation that a 15' separation will exist between the house that is built on lot 17 and the existing house on lot 18. Jim Harris seconded the motion. The motion carried as follows: Ayes: Earl Hartzog, Joyce Briscoe, Anita Clark, Jim Harris Opposed: Ted Duigon Earl Hartzog commented, based on the discussion this evening from the concerned owners, he feels that Continental Homes needs to set up a meeting with the homeowners to discuss and iron out some of these problems. "It's my personal opinion if I were a homeowner, the exterior appearance of the property along Savannah Square Dr. and the school would be concerns." #5 GENERAL DISCUSSION: Jim Harris• Jim stated that the issue before the board is lot 18 and not lot 17. The members of the Board Of Adjustment hear recommendation on variances on different issues and do not have the authority to tell builders what to build or what size homes to build. Depending on what floor plan Continental plans to build and if the 15' requirement is not met, then it would be an issue for the Board to take into consideration. Ted Duigon summarized his opinion that the board's actions would require the future construction on lot 17 be a smaller than previously possible house available from Continental Homes. He said he wasn't sure if the neighboring homeowners would prefer a smaller than possible house on lot 17 or a larger one with less than the desired separation from the adjacent existing home on lot 18. He concluded that a request to reduce this adjacent structure separation could be made to the board prior to construction on lot 17. Anita Clark• Anita advised the members she will be on vacation. -5- Ted Duigon• Had no comments . Joyce Briscoe• Joyce asked about procedures on the Board, Councilman Joe Potempa, also alternate on the Board of Adjustment, voted at the last meeting. Joyce added that the City Charter states "that no mayor or council member shall hold any public office or employment with the city or have any financial interest directly or indirectly with any office within the city". She is not sure if it is correct or proper for Councilman Potempa to be a delegate on the board. Mr. Sweatt commented after reviewing the minutes he is aware of these issues and he had already asked the City Attorney his opinion on what constitutes a "public office." He hoped to have an answer for the board soon. Joyce stated the Board of Adjustment has adopted rules that four members make up a quorum and that City Council had a recommendation from BOA for two alternates. Earl Hartzog commented the Board of Adjustment has two alternates: Joe Potempa, Norman Slocum. He also apologized for what happened at the last meeting. Mr. Potempa should have been removed from voting. The question was brought up to Steve Simonson about Joe Potempa being on the Board of Adjustment at the time he was considered as an alternate. Steve had commented it was not a problem. Pia Jarman• Pia suggested that due to the discussion this evening on setback requirements, that everyone should re-read the new UDC. There are certain things that have changed. Kerry Sweatt• Mr. Sweatt commented the most current site plan submitted is Taco Cabana and Taco Bell going in next to the Ramada. There are some good prospects for the Tri-County Business Park, such as warehouses from 300,000 sq. ft. to active manufacturing businesses. Interplastic Corp. is a 15,000 sq. ft. building with 3,000 to 5,000 sq.ft. of office and warehouse. -6- Mr. Sweatt commented a traffic light at FM 3009 and Woodland Oaks has been approved by the State but will not be funded until late 97 or early 98. Traffic studies were done and this intersection is the one that met the requirements. The intersection at Savannah Drive dropped in traffic count. Jim Harris stated Channel 5 had a segment on bandit signs and the problems that are caused by these signs. Mr. Sweatt stated that sign placement is an issue that is a continuing problem with the Inspection Dept. and the City. There is a requirement that only on weekends are bandit signs are allowed. #6 ADJOURNMENT: Chairman Hartzog adjourned the meeting at 7:10 p.m. Board of Adj stme % Cha' man, City of Schertz, exas ATTEST: Planning Secretary, City of Schertz -7-