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04-08-1996BOARD OF ADJUSTMENT MEETING April 8, 1996 The Schertz Board of Adjustment Monday, April 8, 1996 at 6:00 Council Chambers, 1400 Schertz present were as follows: BOARD OF ADJUSTMENT convened in regular session on p.m. in the Municipal Complex Parkway, Schertz, Texas. Those EARL HARTZOG, CHAIRMAN TED DUIGON, VICE-CHAIRMAN NORMAN SLOCUM ANITA CLARK JOYCE BRISCOE MERWIN WILLMAN, P&Z COMMISSIONER MEMBERS ABSENT ~ ~:,~, ~~ #1 CALL TO ORDER OTHERS PRESENT James Leonard, Buffington Homes CITY STAFF STEVE SIMONSON, ASST. CITY MANAGER DENISE GRANGER, PLANNING SECRETARY Chairman Hartzog called the meeting to order at 6:10 p.m. Due to the lack of a quorum Chairman Hartzog requested the agenda order be revised until the other board members arrived. ~7 GENERAL DISCUSSION: Chairman Earl Hartzog: Chairman Earl Hartzog asked if the delay in the time period a citizen has to wait between the Planning and Zoning Commission meeting and the BOA has changed. Steve Simonson stated that the process for the 15 days to be published is now started as soon as the request is received and before the Planning and Zoning meeting with, this being the simplest way and still conforming with the law. Anita Clark: Anita Clark mentioned Texaco that will be located on IH 35 being a state of the art. Is there going to be some type of changes to the Texaco? Steve Simonson stated Texaco is going to have a new version and the one on IH 35 will be the model for the new version. It will still have the car wash and won't look much different. They are hoping later on to add a drive-thru lube and oil change. -1- Norman Slocum° Norman Slocum asked what the construction next to the Texaco on Schertz Parkway is going to be. Steve Simonson stated that will be the Texas Department of Human Services. They are building a new building that will be more accessible to the public. The office is now located in Lone Oak Plaza. Norman Slocum asked if there is any new information on the over pass on FM 78. Steve Simonson commented there is no new information at this time. Merwin Willman: Merwin Willman stated he had no comments. Jovice Briscoe• At this time Joyce Briscoe arrived at the meeting. Joyce Briscoe apologized for being late with no other comments. ~2 APPROVAL OF MINUTES: Regular Session March 18, 1996 Chairman Hartzog asked if there were any questions or corrections on the minutes. Chairman Hartzog asked on page 2 the word looki should be look. Anita Clark moved to approve the minutes for the regular session March 18, 1996 as amended. Norman Slocum seconded the motion which carried with a unanimous vote. #5 PUBLIC HEARING: The Board of Adjustment to receive citizen input on a request from Buffington Homes, 2853 Mimosa, for a Special Exception to the Zoning Ordinance for a 20' front yard setback to save two oak trees. (BOA #72) James Leonard with Buffington Homes was present at the meeting to represent this request. 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 300 foot -2- radius were notified. There were 8 letters sent concerning this request, 2 were received back: both were in favor. This is a very straight forward request to save two oak trees. If the house is built as it is now, the trees will disappear. On the site plan it shows the porch and garage moving into the extra 5'. James Leonard stated one tree is 24" in diameter and the other is 36" in diameter. The trees are in a place that is very difficult to be able to put a house without having to remove the trees. With the trees staying where they are the trees will be located behind the house. At this time Ted Duigon arrived at the meeting. Ted Duigon stated he lives in Deer Haven in this particular case he would like to see the trees saved. With the gated communities that are coming in this request could serve as a precedent on keeping more trees. James Leonard stated that there are trees that do have to be removed at times. The developers do try to keep as many trees as they can. If these two trees where removed there would be no trees on this particular lot. Chairman Hartzog closed the Public Hearing at 6:25 p.m. with no other comments or questions from those present. #6 CONSIDER AND take action on the Homes. (BOA #72) Norman Slocum moved Homes, 2853 Mimosa, Ordinance for a 20' Ted Duigon seconded vote. TAKE APPROPRIATE ACTION: Consider and Special Exception request from Buffington to approve the request from Buffington for a Special Exception to the Zoning front yard setback to save two Oak trees. the motion, which carried with a unanimous #3 PUBLIC HEARING: The Board of Adjustment to receive citizen -input on a request from Allen and Doris Clark, 1036 Ivory Creek, for a Special Exception to the Zoning Ordinance for construction of a swimming pool and shed within the 50' gas line easement. (BOA #71) Allen and Doris Clark were not present at the meeting for this request. 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. -3- Steve Simonson stated in accordance with the ordinance for the Board of Adjustment all property owners within a 300 foot radius were notified. There were 11 letters sent concerning this request, 5 were received back: 4 were in favor and 1 was opposed. Steve Simonson stated he is very surprised that Mr. Clark is not in attendance as he was notified of the meeting. Ted Duigon asked the dimensions of the gas line. Steve Simonson stated the 50' ROW is in the gas line easement. The letter from Valero states that they approve the request as long as the structures are not permanent. The gas line runs through the whole City of Schertz. Earl Hartzog mentioned he would like the owners to sign a letter preventing the City from being liable in case the property is sold to someone else. Steve Simonson commented in the letter from Valero on item #4 it states Valero will not be held responsible for any damages to the proposed facilities, resulting from the replacement of the pipeline or the exercising of any of Valero's rights within Valero's easement. Joyce Briscoe mentioned maybe it could be in the motion that the City would not be liable. Ted Duigon commented that the letter in the package advised that the person requiring a variance is "required" to attend the Planning and Zoning meeting but in the letter for the BOA meeting it states they are "requested". Wouldn't the BOA meeting be just as important as the Planning and Zoning meeting? Steve Simonson advised in the letters, for either the Planning and Zoning or the BOA, it is requested that either the person requesting the variance or a representative attend the meetings. They are also told at the Planning and Zoning meeting when the BOA meeting will be held. The BOA can either table this request, disapprove, or approve it. Earl Hartzog commented with this being a Public Hearing, once the hearing is closed, no other comments can be taken. Even if the item were tabled, and Mr. Clark attends the next meeting, the BOA could not ask him for any input. Steve Simonson agreed. The only information that could be added is, if the BOA requests for something to be verified by staff. Chairman Hartzog closed the Public Hearing at 6:55 p.m. with no other comments or questions. #4 CONSIDER AND TARE APPROPRIATE ACTION: Consider and take action on the above Special Exception request from Allen and -4- Doris Clark. (BOA #71) Norman Slocum moved to approve the request from Allen and Doris Clark, 1036 Ivory Creek, for a Special Exception to the Zoning Ordinance for construction of a swimming pool and shed within the 50' gas line easement. Ted Duigon seconded the motion which carried as follows: AYES: Anita Clark, Norman Slocum, Ted Duigon, Joyce Briscoe. NAYS: Earl Hartzog. Chairman Hartzog asked if Ted Duigon had any comments for the general discussion as he was not present at the time. Ted Duigon apologized for being late. #8 ADJOURNMENT Chairman Hartzog adjourned the meeting at 7:00 p.m. 0 Board of Adjustme Ch 'rman, City of Schertz, xas ATTEST: G~2~?~.- Planning Secretary, City' of Schertz -5-