Loading...
04-28-1997BOARD OF ADJUSTMENT MEETING April 28, 1997 The Schertz Board of Adjustment convened in regular session on Monday, April 28, 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 JOE POTEMPA ,~ JOYCE BRISCOE JIM HARRIS PIA JARMAN, P & Z COMMISSIONER MEMBERS ABSENT OTHERS PRESENT Kathleen Kilcrease, 500 Wayward Pass Kate Morrison, 528 Wooded Trail CITY STAFF ANITA CLARK, (VACATION ) STEVE SIMONSON, ASST. CITY MANAGER DENISE GRANGER, PLANNING SECRETARY #1 CALL TO ORDER Chairman Hartzog called the meeting to order at 6:00 p.m. #2 APPROVAL OF MINUTES: Regular Session April 7, 1997. Chairman Hartzog asked if there were any questions or corrections on the minutes. Jim Harris moved to approve the minutes for the regular session April 7, 1997. Earl Hartzog seconded the motion which carried as follows. AYES: Earl Hartzog, Jim Harris, Ted Duigon. ABSTENTION: Joe Potempa (Not present at said meeting}. #3 PUBLIC HEARING: The Board of Adjustment to receive citizen input on a request from Daniel Kilcrease, 500 Wayward Pass for a Special Exception to the Zoning Ordinance for Rear Yard Setback from 20' to 10' for a Patio Cover. (BOA #88-97) 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 on their decision. After the Public Hearing is closed there will be no other comments taken. Chairman Hartzog asked for staff input. Steve Simonson stated in accordance with the ordinance for the Board of Adjustment, all property owners within a 200 foot radius were notified. There were 24 letters sent concerning this request, 6 letters were received back, in favor. Steve Simonson stated they are requesting a 10' variance because of the size of the patio cover and the size of the lot. This is due to the footing being outside of the patio cover and not part of the cover. Chairman Hartzog asked Pia Jarman if there were any comments from the Planning and Zoning other than their recommendation? Pia Jarman stated she understands at the Planning and Zoning meeting which she did not attend, there was no problem. It was approved and there is a letter from Ernie Evans, the Chairman, recommending approval. Chairman Hartzog closed the Public Hearing at 6:03 p.m. with no other comments or questions being voiced. #4 PUBLIC HEARING: The Board of Adjustment to receive citizen input on a request from David Morrison, 728 Wooded Trail for a Special Exception to the Zoning Ordinance for an Accessory Building to Install a Swimming Pool. (BOA #89-97) 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 on their decision. After the Public Hearing is closed there will be no other comments taken. Chairman Hartzog asked for staff input. Steve Simonson stated in accordance with the ordinance for the Board of Adjustment, all property owners within a 200 foot radius were notified. There were 9 letters sent concerning this request, 3 letters were received back, in favor. Steve Simonson stated this is an accessory building. It does not involve the back yard building setback as it is an accessory building not attached to the structure. The accessory building ordinance states that an accessory building can be no closer than 10' to the main building. This request is to be within 5' to the foundation of the rear of the building. Chairman Hartzog asked for comments from the Planning and Zoning. Pia Jarman stated Planning and Zoning recommends approval. -2- Chairman Hartzog closed the Public Hearing at 6:05 p.m. with no other comments or questions being voiced. #5 PUBLIC HEARING: The Board of Adjustment to receive citizen input on a request from James Todd, 2500 Grove Park for a Special Exception to the Zoning Ordinance for a Side Yard Setback from 5' to 3' and Rear Yard Setback from 20' to 7.5' for a Gazebo. (BOA #90-97) 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 on their decision. After the Public Hearing is closed there will be no other comments taken. Chairman Hartzog asked for staff input. Steve Simonson stated in accordance with the ordinance for the Board of Adjustment, all property owners within a 200 foot radius were notified. There was 23 letters sent concerning this request, 5 letters were received back, in favor. Steve Simonson stated this is a double sided request for a side yard variance and back yard variance. Mr. Todd's property is backed up to a 10' cement drainage ditch that is the ROW for the City of Schertz. This will not be encroaching 10' within the back of his fence or the neighbors' fence. On the side yard side there is a City park maintained by the City. Chairman Hartzog asked for comments from Planning and Zoning. Pia Jarman stated Planning and Zoning recommends approval. Chairman Hartzog closed the Public Hearing at 6:07 p.m. with no other comments or questions being voiced. #6 CONSIDER AND TAKE APPROPRIATE ACTION: Consider and take action on the above Special Exception request from Daniel Kilcrease. (BOA #88-97) Ted Duigon moved to approve the request submitted by Daniel Kilcrease, 500 Wayward Pass for a Special Exception to the Zoning Ordinance for Rear Yard Setback from 20' to 10' for a Patio cover. Jim Harris seconded the motion which carried with a unanimous vote. #7 CONSIDER AND TAKE APPROPRIATE ACTION: Consider and take action on the above Special Exception request from David Morrison. (BOA #89-97) Joe Potempa asked if this same type of request has ever been requested in the past? Steve Simonson stated "yes" a few times. A pool is not attached to the main building so it is considered an "accessory building." -3- Joe Potempa moved to approve the request submitted by David Morrison, 728 Wooded Trail for a Special Exception to the Zoning Ordinance for an Accessory Building to Install a Swimming Pool. Jim Harris seconded the motion which carried with a unanimous vote. #8 CONSIDER AND TAKE APPROPRIATE ACTION: Consider and take action on the above Special Exception request from James Todd. (BOA #90-97) Ted Duigon stated given that the public park is next door was there anything special to the fact that it is a public park and not a neighbors' back yard. Steve Simonson stated not in this case. It is treated like any other request. Jim Harris moved to approve the request submitted by James Todd, 2500 Grove Park for a Special Exception to the Zoning Ordinance for Side Yard Setback from 5' to 3' and Rear Yard Setback from 20' to 7.5' for a gazebo. Joe Potempa seconded the motion which carried with a unanimous vote. ~9 GENERAL DISCUSSION: Ted Duigon• Ted Duigon asked in regard to the letters to the requestor that this has gone through the Planning and Zoning and "your attendance is mandatory," obviously they don't comply. Is there any reason for this "mandatory" statement? Steve Simonson stated it needs to be stated that it is "highly recommended" that they attend. If they don't show up the question in our mind is how badly do they want this. The question in the person's mind could be "I already attended one meeting why do I need to attend another one." Jim Harris• Jim Harris stated at the last meeting there were comments made on the discussion at the Public Hearing when Jim was questioning the speaker. Was he not supposed to be asking questions at that time? Pia Jarman stated a public hearing is to hear the public. If you have a question for someone in the public that is O.K. The BOA should not among themselves discuss the issues at this time. The time for the BOA discussion is when the item comes up that states "consider and discuss." If you have a question of the individual requestor, citizen or developer, then you ask them at the time of presentation. Joe Potempa• Joe Potempa stated it was nice to be back and he would like to -4- be with the BOA more often. Joyce Briscoe: Joyce Briscoe asked what the rumors are about HEB? Steve Simonson stated he gets calls from all kinds of people saying HEB will not open for six months. There are also rumors that HEB has all kinds of businesses to go in with them. At this time we have no particulars. HEB is to open on May 30, 1997. Pia Jarman• Pia Jarman mentioned that Mrs. Kilcrease, who was present tonight, and her family are new in Ashley Park II. Last Christmas they participated in the Christmas lighting contest. They had a beautiful display and came in second as they were not the ones that entered the contest but the neighbors entered for them. There seems to be quite a community spirit in the brand new subdivisions. Steve Simonson: Steve Simonson stated this will be Denise's last meeting as she is taking a position at another City. Steve Simonson stated for the record Denise has been the real backbone for Planning and has doen many jobs beyond the scope of her job requirements to ensure that many of the problems were handled. "You all know in working with her outstanding the job that she has done." Various members of the Board expressed their regret in seeing her leave and that they would certainly miss her and the fine job she has done. The BOA thanked Denise for her hard work and wished her good luck in her new job. Chairman Earl Hartzoct: Chairman Earl Hartzog stated he had no comments. #10 ADJOURNMENT Chairman Hartzog adjourned the meeting at 6:25 p.m. ~p Board of Adjustme Chai an, City of Schertz, Texas ATTEST: Planning Secretary, City of Schertz -5-