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03-18-1996BOARD OF ADJUSTMENT MEETING March 18, 1996 The Schertz Board of Adjustment convened in regular session on Monday, March 18, 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 NORMAN SLOCUM ANITA CLARK JOYCE BRISCOE MEMBERS ABSENT OTHERS PRESENT Richard & Karla Meyer, 2862 Bent Tree CITY STAFF MERWIN WILLMAN, P&Z COMMISSIONER 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 February 12, 1996. Chairman Hartzog asked if there were any questions or corrections on the minutes. Joyce Briscoe moved to approve the minutes for the regular session February 12, 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 Richard and Karla Meyer, 2862 Bent Tree for a Special Exception to the Zoning Ordinance for a 10' accessory building setback variance to construct a swimming pool. (BOA #70) Richard and Karla Meyer were 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 radius were notified. There were 11 letters sent concerning this request, 3 were received back: all were in favor. The request is strictly for an accessory building as it is not tied into the foundation. Chairman Earl Hartzog asked if someone were to put in a deck that was not tied in would they also have to have a variance. Steve Simonson stated a deck is not a permanent structure like an under ground pool, the deck could be dismantled. Chairman Hartzog closed the Public Hearing at 6:05 p.m. with no other comments or questions. ~4 CONSIDER AND TAKE APPROPRIATE ACTION: Consider and take action on the Special Exception request from Richard and Karla Meyer. (BOA #70) Anita Clark moved to approve the request from Richard and Karla Meyer 2862 Bent Tree, for a Special Exception to the Zoning Ordinance for a 10' accessory building setback variance to construct a swimming pool. Joyce Briscoe seconded the motion, which carried with a unanimous vote. ~5 GENERAL DISCUSSION: Chairman Earl Hartzog: Earl Hartzog asked why the Planning and Zoning Commission has to review this type of request. Also is the Planning and Zoning Commission in the process of reviewing the Zoning Ordinance. Steve Simonson stated the Planning and Zoning Commission is reviewing the zoning, sign, subdivision and site plan ordinances at this time to make it a more condensed version. The reason this type of request goes to the P & Z is how it was handled years ago when the City Council was the BOA. If a structure is not tied into the foundation this is a variance to the ordinance. This is why the request is being made. The BOA has the job by law, for any request for a variance to the ordinance. Ted Duigon mentioned his concern is the residents having to go before two boards to get the approval for the request. Ted asked why the request could not just come before the BOA only. With Merwin Willman being the liaison for the P & Z and also with Steve Simonson at the meeting they both could make any comments or questions for the P & Z Commission. Chairman Earl Hartzog disagreed, as the P & Z members are the smarter ones. There are times when two different boards look at a request one may find something in question that -2- the other board did not notice. Steve Simonson stated he would talk with the P & Z and find out how they feel. He will also see what needs to be done to get it changed if possible for the residents to not have to go before two boards. Steve Simonson stated usually what happens the request will go to the inspection department and then the inspector will notice it is a variance so it is in turn turned over to P & Z to make the recommendation to the BOA for either approval or disapproval. This request could take up to about a month as the state law requires the notices to be in the paper fifteen days before the meeting and all property owners also have to be notified. Anita Clark: Anita Clark mentioned she had talked with Leonard Truitt in the inspection department about 1009 Valley Forge. They have partitioned off part of their carport. Steve Simonson stated he would check into this matter. Anita Clark asked what they are going to build next to the Texaco on Aero and Schertz Parkway? Steve Simonson advised the Board it is State of Texas Human Resources. Norman Slocum• Norman Slocum stated he had no comments. Joyce Briscoe• Joyce Briscoe stated she had no comments. Ted Duigon• Ted Duigon stated he had no comments. Steve Simonson: Steve Simonson stated the Texaco is going between Jack-N-Box and Denny's. Also the building behind the Jack-N-Box is the new design for Arby's. #6 ADJOURNMENT Chairman Hartzog adjourned the meeting at 6:30 p.m. The next meeting is scheduled for April 8, 1996 at 6:00 p.m. -3- c~~.,0 Board of Adj s men Ch irman, City of Schertz, exa ATTEST: ^ ~ Planning Secretary, Ci y of Schertz -4-