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10-21-1996BOARD OF ADJUSTMENT MEETING October 21, 1996 The Schertz Board of Adjustment convened in regular session on Monday, October 21, 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 ANITA CLARK JIM HARRIS JOE POTEMPA ERNIE EVANS, P & Z COMMISSIONER MEMBERS ABSENT TED DUIGON (Vacation) JOYCE BRISCOE (WORK RELATED} NORMAN SLOCUM #1 CALL TO ORDER OTHERS PRESENT Frank Surovec, 212 Mitchell W.J. Edmonson, 605 Aero Ave. Gerald Ayotte, 516 Mitchell CITY STAFF STEVE SIMONSON, ASST. CITY MANAGER DENISE GRANGER, PLANNING SECRETARY Chairman Hartzog called the meeting to order at 6:03 p.m. #2 APPROVAL OF MINUTES: Regular Session August 26, 1996. Chairman Hartzog asked if there were any questions or corrections on the minutes. Anita Clark moved to approve the minutes for the regular session August 26, 1996. Joe Potempa seconded the motion which carried with a unanimous vote. #3 PUBLIC HEARING: The Board of Adjustment to receive citizen input on a request from Frank Surovec, 212 Mitchell Ave., for a Special Exception to the Zoning Ordinance for a side yard setback of 2' to construct a carport. (BOA #78-96) 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 19 letters sent concerning this request, 2 were received back in favor. This is a very straight forward request from Mr. Surovec. Chairman Earl Hartzog asked Steve Simonson if the adjacent neighbor at 210 Mitchell had returned their notice. Steve Simonson stated "no". Chairman Earl Hartzog asked if the tree located between the property was on Mr. Survoec's property or the adjacent property? Mr. Surovec stated the tree is on his property. Chairman Hartzog closed the Public Hearing at 6:07 p.m. with no other comments or questions. #4 PUBLIC HEARING: The Board of Adjustment to receive citizen input on a request from W.J. Edmonson, 605 Aero Ave., for a Special Exception to the Zoning Ordinance for a front yard setback of 10' to construct a garage out of the carport. (BOA #79-96) 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 11 letters sent concerning this request: 2 letters were returned; one was opposed with no reason stated; one was in favor; and 2 were undeliverable. The property owner at 601 was opposed, with the property owner at 608 in favor. This makes it a one to one split. Steve Simonson stated, expanding on the public hearing request, if you will notice what is provided for you, Mr. Edmonson is also wishing to enclosed his porch and actually build a cover across the whole front of the house. This will allow him to enclose his carport and put a porch across the front of the property the same distance, which would then reduce the distance from the property line to the front of the house from 25' to 15'. Thus the 10' variance that is being requested. Jim Harris asked if the clearance would be 15 feet from the road? Steve Simonson stated it will be 15 feet from his property line still leaving 25' from the curb. An inspector was sent out and -2- measured it and Mr. Edmonson's measurements are correct on his house. He shows 37' from the curb to his house he wants to expand the front actually 12 feet. This has a street ROW of 50' with a 30' road with 10' behind the curb which is still the city's. If you subtract 10' from the 37' you have 27' which the house is sitting back. He wants to move it forward 12' this leaves 15' technically as a front yard setback on his property line. This is why the request is specific in requesting the 10' variance. A standard setback on a R-2 area is 25'. The resident at 516 Mitchell stated to go ahead and let him build it. W.J. Edmonson stated that he will be remodeling the entire house. Chairman Hartzog asked Steve with the 15' that is left is there still going to be 10'. Steve Simonson stated you will actually have a 25' clearance from the curb to the front of the house. Chairman Earl Hartzog asked for any other comments or questions with none at this time the Public Hearing was closed at 6:12 p.m. #5 CONSIDER AND TAKE APPROPRIATE ACTION: Consider and take action on the above Special Exception request from Frank Surovec. (BOA #78-96) Jim Harris moved to approve the request from Frank Surovec, 212 Mitchell Ave., for a Special Exception to the Zoning Ordinance for a side yard setback of 2' to construct a carport. Anita Clark seconded the motion which carried with a unanimous vote. #6 CONSIDER AND TARE APPROPRIATE ACTION: Consider and take action on the above Special Exception request from W.J. Edmonson. (BOA #79-96) Joe Potempa moved to approve the request from W.J. Edmonson, 605 Aero Ave., for a Special Exception to the Zoning Ordinance for a front yard setback of 10' to construct a garage out of the carport. Jim Harris seconded the motion which carried with a unanimous vote. ~7 GENERAL DISCUSSION: Jim Harris• Jim Harris stated he had no comments at this time. Anita Clark• Anita Clark commented that it is nice to see the ground finally moving for the HEB. -3- Joe Potempa• Joe Potempa stated he would have no problem coming back next month. Ernie Evans• Ernie Evans stated he had no comments. Steve Simonson: Steve Simonson stated if anyone gets the chance to drive up to Tri-County and see the building it is a biggie. It is beginning to happen. In the Vestal Subdivision Mr. Vestal's building is coming along, Ecko Construction is almost completed. It looked as if the residential construction would slow down but we have now received a subdivision plat for the first phase of Forest Ridge which is the gated subdivision behind HEB. Joe Potempa asked Steve when HEB is supposed to be complete. Steve Simonson stated the last week of May 1997 is the projected date. Anita Clark questioned what LCRA is doing on Schertz Parkway and Live Oak. Steve Simonson stated this is where the big transmission towers will be coming from the LCRA branch that connects to CPS power in Live Oak Hills. Jim Harris asked if Ron Wood was the one that was going to develop Live Oak Hills and it was stated if the financing did not go through by the 15th the deal would be off. Steve Simonson stated at this point no one has come forward with the financing so the deal is off. There are unofficially some large developers that are looking in this area at this time to develop something. Ron Wood has defaulted. Chairman Earl Hartzog: Chairman Earl Hartzog wished everyone a Happy Thanksgiving, Merry Christmas and Happy New Year as he feels there will not be any requests until after the first of the year. #8 ADJOgJRNMENT Chairman Hartzog adjourned the meeting at 6:20 p.m. -4- Board of Adju tmen 'Cha' man, City of Schertz, T xas ATTEST: Planning Secretary, City of Schertz -5-