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12-09-1996BOARD OF ADJUSTMENT MEETING December 9, 1996 The Schertz Board of Adjustment convened in regular session on Monday, December 9, 1996 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 PIA JARMAN, P & Z COMMISSIONER ERNIE EVANS, P & Z COMMISSIONER MEMBERS ABSENT #1 CALL TO ORDER OTHERS PRESENT Cindy Ealchman, Windy Meadow MHP Trisha Pillsbury, Pulte Home Corp. James Zipprian, Pulte Home Corp. Melvin Golla, Schertz Bank & Trust CITY STAFF STEVE SIMONSON, ASST. CITY MANAGER DENISE GRANGER, PLANNING SECRETARY Chairman Hartzog called the meeting to order at 6:00 p.m. Chairman Hartzog introduced the Board Members for any of the existing and new members who may not know each other. Ernie Evans introduced Pia Jarman, who will be taking his place on the BOA to represent the P & Z Commission, as Ernie is now the Chairman for the Planning and Zoning Commission. #2 APPROVAL OF MINUTES: Regular Session October 21, 1996. Chairman. Hartzog asked if there were any questions or corrections on the minutes. Jim Harris moved to approve the minutes for the regular session October 21, 1996. Ted.Duigon seconded the motion which carried with a unanimous vote. . #3 PUBLIC HEARING: The Board of Adjustment to receive citizen input on a request from Windy Meadow Mobile Home Park, for a Special Exception to the Zoning Ordinance for a Blanket Carport Authorization for the Entire Old Section of the Mobile Home Park (Excluding Oak Street). (BOA #80-96) 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 50 letters sent concerning this request, 9 letters were received back, 4 in favor and 5 were opposed. Chairman Hartzog asked if there was any words of wisdom from the P & Z Commission other than the recommendation? Pia Jarman stated that as indicated in the recommendation that Ernie Evans has made the P & Z Commission did not find any reason why this request should not be approved. Steve Simonson stated the primary reason given by the citizens opposing this is that the original Windy Meadows was supposed to provide a privacy fence the entire length, not just up to Oak Street. If the privacy fence was in place, those voicing opposition would not be opposed as this was part of the original Windy Meadow. Ted Duigon asked Steve Simonson whose responsibility was it to provide the privacy fence? Steve Simonson stated in going back to the minutes there is no indication on who was responsible for the privacy fence. The citizens have advised that the original owner was in agreement to put the privacy fence up. However, there is no paper work to back this agreement up that can be found. Joyce Briscoe asked if the sites in Windy Meadow are privately owned or owned by the owners of the park? Steve Simoson stated the sites are owned by the park. Jim Rihn, 4301 Spanish Oak, stated he owns property on Lori Lynn which abuts into the easement of the trailer park. Jim Rihn stated he could not respond to the reply because of the lack of information in not knowing what the word blanket means. Before he could vote for or against he would need to know where the carport is going to be, what the length and width of the carports will be, and whether or not it could be made into living quarters later on. Will the carports be enclosed. You see so many things taken into action once something is approved and it seems to spread out. If these questions could be answered before Jim Rihn can give a valid answer. It doesn't say what type of carport this is going to be as far as the construction. Several years ago there was a meeting about the -2- fencing being discussed but in looking at the minutes there is no comment just some discussion. Chairman Earl Hartzog stated in answer to the question about the carports if the individuals decided to add on as opposed to just being a carport where it is not enclosed on all sides. In the ordinance it states what a carport is if it is to be enclosed there would have to be a variance to this effect. Jim Rihn stated he is also concerned with the rear and side yard setbacks. As far as the easement in that area the City has never enforced it. The mobile park has an easement that runs parellel to the easement behind Lori Lynn and if this also could be defined. Chairman Hartzog stated the purpose of the public hearing is to hear citizen comments on the request that has been brought forward to the BOA which is on the carports. As far as the easement and how this is handled is not an item before the BOA and this is not an item the BOA can cover. This is something that will have to be brought to the City staff i.e. Council. The BOA's only concern is the special exception to the carport. The carports will be open carports attached to the mobile homes. The length will be able to extend out to the driveway. Steve Simonson stated the carports will be 18 X 20 in the front of the trailer on the existing slab. It can not be enclosed or used as a dwelling in anyway. It cannot encroach into any of the sight line of distance. It cannot go to the back of the trailer. It is a blanket permission for the existing parking slabs only. Chairman Hartzog stated the item before the BOA is only for the request for the carports, not the privacy fencing. There is no action that the BOA can take in regards to the privacy fence mentioned or the easement in the back. Ted Duigon asked Mr. Rihn where was the meeting that he mentioned which dealt with the privacy fencing? Mr. Rihn stated it was years ago and he is not quite sure where it took place or who was present. It was a city sponsored meeting. The fencing was discussed but no action was taken and the minutes do not reflect anything. The purpose of the meeting was zoning. Chairman Hartzog asked Mr. Rihn if he is opposed or in favor of the regeust? Mr. Rihn stated he is opposed to the request. Mrs. Drank, stated if they put in the privacy fence they would all not be opposed to this request. There are things that happen in the mobile home park that we do not wish to see. Cindy Ealchamn stated she is the manager of Windy Meadow Mobile Home Park. As far as the privacy fence is concerned, since the -3- purchase of Windy Meadow Mobile Home Park by Clayton Homes Clayton Homes was not involved with the putting up of a privacy fence. Cindy said she would have to talk with the regional manager about this situation of the privacy fence. Joyce Briscoe asked about how many homes are anticipated for putting in the carports? Cindy Ealchman stated at this time there are only about two residents that are requesting the carports. Joyce Briscoe stated so this is a tenant request to be put up by the tenant. With this being an improvement to the property the tenant will have to leave the carport in place if the tenant moves. Cindy stated this is correct. Joyce Briscoe stated she has a concern: when people from .the community come in for a request they are required to pay the fee. With this being a blanket request none of the tenants will be required to pay the fee for the variance but they will have to apply for a building permit and pay the fee. Steve Simonson stated this is a single owner. The property is owned by one person. Pia Jarman stated the term "blanket permission" is being used as if the residents can do anything they want in terms of carports. This is not what is meant by "blanket". It simply means that every single tenant would not have to come before the BOA for permission. This is allowing the existing Windy Meadow to go along with the new section in which the carports were authorized. This is making the old section on equal footing with the new section. Jim Harris asked if the new section already has a blanket permission for the carports and if so, then the old section is trying to catch up with the new section. Pia Jarman stated "yes" this is correct. James Rihn stated he felt it would to go unheeded. Ms. Brisco has a being on location with 300 to 400 real slap in the face as every other would have to come in individually because this is one owner they only be remiss if it is allowed very valid point with this lots involved. This is a r resident in this community and pay for a variance but have to pay once. Steve Simonson stated there is already blanket authority throughout the City for R-2 areas on carports. No one has to come in for a variance. Anyone in R-2 that wants to build a carport could do so. The residents only have to come in and get a building permit. In the new section of Windy Meadow blanket authority was granted for carports as requested at the time. -4- Chairman Hartzog closed the Public Hearing at 6:24 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 Pulte Homes, for a Special Exception to the Zoning Ordinance for a Five Foot (5') Front Yard and an Eight Foot (8') Rear Yard Setbacks for 2497 Mocine Elm. (BOA #81-96) 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 at this time. 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 13 letters sent concerning this request: 4 letters were returned; all opposed to granting the variance. There were no comments on why, just opposed. Scott Nicherson, 2508 Grove Park, stated the biggest question is what are the alternatives. Obviously as a homeowner the concern is property values. This is a lot with a smaller back yard. Will this be a smaller house with the value not being the same as the rest of the houses? With not knowing what the alternatives might be for the house that is going to go there he would approve it, as the alternative could be worse. Doug Harper, 2481 Mocine Elm, stated he is concerned also for the value of the home. There are some questions that need to be answered by Pulte. The home that Pulte is proposing is the smallest foot print of the plans that are available. Also what are the other alternatives if this board does not approve. As you can see on the cul-de-sac with the way my house sits it gives it a nice uniform look. If the P & Z Commissioner could state why they recommended approval. Pia Jarman stated the P & Z took all of these things into consideration before recommending approval. "We always are strict in the observance of the setbacks. We don't give variances lightly". However, in this particular instance they couldn't fit it in properly without getting the variances. They go to a smaller house, then among the big houses you are going to have a smaller house which will also not be uniform. The other alternative would be to forbid anything from going on the lot. This would mean a vacant lot. I'm sure no one really wants to see a vacant lot with its attendant problems. Scott Nicherson stated the lot would not stay vacant. The other residents would landscape. "We would not let it sit -5- there and have rocks and over grown grass." James Zipprian, stated in looking at the irregular shaped lot the plan is currently to build a home of the same size. For reinforcement we are wanting to put in the same type of house that is in the neighborhood. There is a smaller plan that can be put in there but it would still require variances. Ted Duigon asked if the variances are not granted and, as stated, a smaller foot print house could be used, what would the selling price of the house be? James Zipprian stated he could not answer that question. Mario Lockwood, 2515 Grove Park, stated at first he was opposed to the request as he did not know anything about it. He talked with the representatives from Pulte dealing with the one alternative, a smaller house. Not knowing how this will affect the property values, the one concern is the fence line being very close to his lot with the 8' variance there doesn't seem to be too much of a difference. Mario Lockwood stated he has no longer a problem with the request. It seems reasonable with the property value and the price of the home. Chairman Earl Hartzog asked for any other comments or questions with none at this time the Public Hearing was closed at 6:38 p.m. #5 PUBLIC HEARING: The Board of Adjustment to receive citizen input on a request from Schertz Bank & Trust, for a Special Exception to the Zoning Ordinance to reduce the 50' building setback on Schertz Parkway to 25'. (BOA #82-96) 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 at this time. 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 4 letters sent concerning this request: 2 letters were returned and 1 phone call with all in favor of the request. Steve Simonson stated if the BOA will look at the plan the heavy line is the property line; the line outside approximately where the Schertz Parkway curb will be. You can see how much of the land there is between where the curb and the existing property is located. This is in particular along Schertz Parkway. With the request for a 25 foot building setback, there still will be approximately 35 or more feet between Schertz Parkway curb line and the nearest structure, -6- for expansion at a later date. Melvin Golla stated the Highway Department will allow greenery along the property on IH 35 access and the existing curb but the bank will not be allowed to put in irrigation. The bank is hoping for the future to have to put in more drive-thru lanes. Jim Harris stated this being the first request on IH 35 and Schertz Parkway, as we develop further on Schertz Parkway, we are setting a precedent now, so that any future requests we may have a hard time turning down. Knowing each case is unique and to be considered in it's own case, this is the first request for this. Chairman Earl Hartzog stated the property was purchased before Schertz Parkway was developed. The people that gave Schertz Parkway gave a large portion of it to the ROW. Being concerned about what was going to happen with this property the recommendation then was a 50' building setback. Chairman Earl Hartzog asked for any other comments or questions. With none at this time, the Public Hearing was closed at 6:50 p.m. #6 CONSIDER AND TAKE APPROPRIATE ACTION: Consider and take action on the above Special Exception request from Windy Meadow Mobile Home Park. (BOA #80-96) Ted Duigon stated from what was heard as testimony in the public hearing, he is not clear on the background of the privacy fence. The comments are not the carports but the fact that a privacy fence was not put in as requested. This may be a separate issue because of the feelings of the people in attendance. Steve Simonson stated in living in the area, the concern of the people for this particular situation came up before Steve came to work here, the citizens came in about the fence. The comments to this day is they want a fence put up becaise of the complaints on what is behind them. Ted Duigon moved to approve the request from Windy Meadow Mobile Home Park, for a Special Exception to the Zoning Ordinance for a Blanket Carport Authorization for the Entire Old Section of the Mobile Home Park (excluding Oak Street). Jim Harris seconded the motion which carried with a unanimous vote. Chairman Earl Hartzog thanked everyone for coming and advised he would talk with Mr. Simonson to look into the situation of the fencing and maybe something can be worked out with the current owners on the fencing. -7- #7 CONSIDER AND TAKE APPROPRIATE ACTION: Consider and take action on the above Special Exception request from Pulte Homes. (BOA #81-96) Joyce Briscoe moved to approve the request from Pulte Homes, for a Special Exception to the Zoning Ordinance for a five foot (5') front yard variance and an eight foot (8') rear yard setback variance for 2497 Mocine Elm. Ted Duigon 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 Schertz Bank & Trust. (BOA #82-96) Jim Harris moved to approve the request from Schertz Bank & Trust for a special Exception to the Zoning Ordinance to reduce the 50' building setback on Schertz Parkway to 25'. Anita Clark seconded the motion which carried with a unanimous vote. #9 GENERAL DISCUSSION: Jim Harris• Jim Harris stated he had no comments at this time. Anita Clark• Anita Clark stated the issue with Windy Meadow needs to get resolved maybe with the new managers. Ted Duigon stated his concern is with what the lady mentioned: activity going on that was not appropriate. This needs to be handled through the police department with a complaint filed. Joyce Briscoe agreed with Ted's comments. She said the P & Z Commission needs to be well advised as to being very careful for developments of trailer parks. Pia Jarman stated in the UDC that, was worked on for over a year, all of these concerns are dealt with. Steve Simonson stated the problem with Windy Meadow is the first developer went bankrupt and the second developer brought in low income trailers and rented to people on a month by month basis. The new developers, Clayton Homes have gotten rid of all the rentals and are seeing more and more manufactured homes that are owned and operated by the people that sell their homes. This controls the parks so that they are not labeled junk parks. The current owners of Pecan Grove also are trying to improve their park. There is going to be more and more requests for manufactured home parks because there is not a moderate income housing any more. It is either high or manufactured homes. The situation with these now is that the ordinances are very strict and control the inspections. -8- Nothing like what happened in the past. "The issue of the fence was discussed between myself and Mr. Hartzog eleven years ago. Mr. Hartzog knows what was said in the meeting, I don't because I was not there. But there is nothing in the minutes and there are no letters pertaining to the fencing. There is nothing I can do as a City Official, as there is no paper trail to follow back on. For your information Clayton Homes has been very good in cooperating with us. If Cindy said she would talk with them she will". Chairman Hartzog stated that there is no ordinance stating there needs to be a privacy fence. Steve stated in the new ordinance it does state there needs to be a privacy fence. Ted Duigon• Ted Duigon stated he had no comments. Joyice Briscoe• Joyce Briscoe stated she had no comments. Pia Jarman• Pia Jarman stated she is very pleased to be here. Steve Simonson: Steve Simonson stated he is very excited to show everyone the final plan for HEB. They have grown from 72,000 square feet to 82,500 square feet in the main store size. The store will be built in phase one and phase two. Also the plans for the new Forest Ridge are available to review so you can see how it will look against Deer Haven, Seguin Bank, HEB, and McDonalds. Ted Duigon asked when will it be made known who HEB has sold the pads to? Steve stated there should be an announcement on that soon. Chairman Earl Hartzog: Chairman Earl Hartzog wished everyone a Merry Christmas and Happy New Year. #10 ADJOURNMENT Chairman Hartzog adjourned the meetin at 7:15 ~ ~. ~~~ . Board of Adjust ent Chairman, City of Schertz, Texas ATTEST: Planning cretary, i y of Schertz _9_