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04-07-1997BOARD OF ADJUSTMENT MEETING April 7, 1997 The Schertz Board of Adjustment convened in regular session on Monday, April 7, 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 ANITA CLARK JOYCE BRISCOE JIM HARRIS PIA JARMAN, P & Z COMMISSIONER MEMBERS ABSENT OTHERS PRESENT James Burrus, Sprint Spectrum James Logan, Flagship Homes Mr. Phillips, Southwest Precast CITY STAFF TED DUIGON, VICE CHAIRMAN 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 March 31, 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 March 31, 1997. Joyce Briscoe seconded the motion which carried with a unanimous vote. #3 PUBLIC HEARING: The Board of Adjustment to receive citizen input on a request from Sprint Spectrum, for a Special Exception to the Zoning Ordinance for Height Regulation Variance from 120' to 190' for a Cell Tower. (BOA #87-97) 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 1 letter sent concerning this request, 1 letter was received back, in favor. The letter returned was from the property owner. This request is for height variance authorization from 120' to 190'. This is a 70' variance request. Chairman Hartzog asked Pia Jarman if there were any comments from the P & Z Commission? Pia Jarman stated the 120' in height is what is allowed in our own regulations in the M-1 (Manufacturing District Light) zoning. In the packet there are letters concerning FAR (Federal Aviation Regulation) Part 77.13, according to which notification to FAA is not required, since the antenna tower would be more than 20,000' north of the nearest point of Randolph Air Force Base Runway 14 L approach end. Because the FAR only addresses air ports available to the public and those of the US Air Force, the SOP is to notify private/personal air ports or heliports in the tower area as a courtesy: Kitty Hawk Field and Kardy's Air Port. The FAA does not require a light at the top unless the tower is over 200'. P & Z recommends approval of the height variance. James Burrus stated letters notifying Kitty Hawk Air Field and Karyd's were sent. This was verified by Steve Simonson. There have been other companies invited to co-locate on this tower. This is the reason for the 190'. Next Wave has indicated that they would be interested in co-locating on this tower at 170'. Jim Harris asked how did Sprint not know they were building in the City of Schertz? James Burrus stated it was an oversight by the surveyor, and as soon as it was brought to Sprint's attention all the necessary paper work was submitted for the approval of the tower. A representative from New Wave stated they are very happy co-locating with Sprint and would encourage the variance to be approved. Mr. Phillips stated he owns the property that the tower is located on and such a tower has a lot of merit. Also Mr. Phillips stated within the next six months he is going to start cleaning up the front of his property. Chairman Hartzog closed the Public Hearing at 6:15 p.m. with no other comments or questions being voiced. #4 CONSIDER AND TAKE APPROPRIATE ACTION: Consider and take action on the above Special Exception request from Sprint Spectrum. (BOA #87-97) Joyce Briscoe asked Pia Jarman if the P & Z would have approved -2- the tower prior to construction? Pia Jarman stated that "yes" P & Z would have recommended approval. Jim Harris moved to approve the request submitted by Sprint Spectrum for a special Exception to the Zoning Ordinance for Height Regulation Variance from 120' to 190' for a Cell Tower. Anita Clark seconded the motion which carried with a unanimous vote. #5 CONSIDER AND TAKE APPROPRIATE ACTION: Consider and take action on a request from Flagship Homes, for a Special Exception to the Zoning Ordinance for Rear Yard Setback from 20' to 14.5' for 2829 Berry Patch. (BOA #84-97) (Tabled 3-31-97) Jim Harris moved to take from the table the request from Flagship Homes for a Special Exception to the Zoning Ordinance for Rear Yard Setback from 20' to 14.5' for 2829 Berry Path. Anita Clark seconded the motion which carried with a unanimous vote. Chairman Earl Hartzog asked for staff input. Steve Simonson stated a letter was sent to Kaufman & Broad as requested by the BOA. A reply has not been returned. James Logan stated the house is being built for someone that would like to see RAFB. Joyce Briscoe stated when the other developer builds houses around this property, it seems as if the view will be obstructed by the houses. James Logan stated this was Flagship's mistake. This is a house that is too large for the lot. The batter boards and plumbing are already in. The homeowner really wants this house on this lot due to the scenery. Also this will leave them with hardly any yard to maintain. Joyce Briscoe moved to deny the request submitted by Flagship Homes for a Special Exception to the Zoning Ordinance for Rear Yard Setback from 20' to 14.5' for 2829 Berry Patch. Earl Hartzog seconded the motion which carried with a unanimous vote. ~6 GENERAL DISCUSSION: Jim Harris• Jim Harris stated he had heard for every tower that is up now in the next five years there will be four more. If the City wants to regulate these towers then the ordinance needs to be changed as soon as possible. Steve Simonson stated that the P & Z has worked very hard on a -3- very well thought out ordinance Pia Jarman talked of the more part of the UDC, would prevent the one at Judson. Anita Clark: for cell towers. Both he and stringet regulations, which as another "porcupine hill" like Anita Clark stated she had no comments. Joyce Briscoe• Joyce Briscoe stated she had no comments. Pia Jarman: Pia Jarman stated the P & Z Commissioners have an advantage as they attend the APA conference every year. In the last few years one of the topics stressed has been public hearings. During the public hearing there should be no discussion among the Commissioners or board members. This is a time for the public to be heard. When the chair asks for member participation that is the time the board members may ask the public questions, not each other. At the time the public hearing is closed there will be no more public input. During the regular session part of the meeting questions may be asked of staff, the P & Z representative, the developer. Chairman Earl Hartzog requested Pia Jarman to write up a fact sheet on Public Hearings.. She agreed to do so. Steve Simonson: Steve Simonson stated he had no comments. Chairman Earl Hartzog: Chairman Earl Hartzog stated the next meeting will be April 28, 1997. #7 ADJOURNMENT Chairman Hartzog adjourned the meeting at 6:40 p.m. ATTEST: t/ (~ ~' ~ / ~ Board of Adjustme Chair'- , City of Schertz, Texas c Planning Secretary, ity of Schertz -4-