09-18-1995BOARD OF ADJUSTMENT MEETING
September 18, 1995
The Schertz Board of Adjustment convened in regular session on
Monday, September 18, 1995 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
NORMAN SLOCUM
ANITA CLARK
JOYCE BRISCOE
OTHERS PRESENT
David Carruthers,
3725 Forsyth Park
Harley and Alma
Rothrock,
812 Mitchell
MEMBERS ABSENT
CITY STAFF
STEVE SIMONSON,
TED DUIGON, VICE-CHAIRMAN ASST. CITY MANGER
MERWIN WILLMAN, P&Z COMMISSIONER 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 August 21, 1995.
Chairman Hartzog stated on page 3, item 6 General Discussion to
add after the word could accelerate and of. Joyce Briscoe
moved to approve the minutes, contingent upon the corrections,
for August 21, 1995. Anita Clark seconded the motion, which
carried with a unanimous vote.
#3 PUBLIC HEARING: The Board of Adjustment to receive
citizen input on a request from David Carruthers, 3725 Forsyth
Park for a Special Exception to the Zoning Ordinance for a back
yard variance to allow him to build a 22' X 20' patio deck on
the back of his house. (BOA#63).
David Carruthers was at the meeting to represent this request.
Chairman Hartzog advised 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 300' radius
were notified. There were 48 letters sent concerning this
request, 4 were received back: all were in favor. The variance
is a request to encroach within 6' 9" of the rear property
line. This is 13.3' variance to the rear yard building setback
line. There are no utilities so this should not be a problem.
Chairman Hartzog apologized to Mr. Carruthers for the last
meeting having to be canceled because there was not a quorum
due to an emergency with one of the BOA members. There has to
be at least 4 members present to be able to vote on a request.
Norman Slocum asked if there was to be a problem with the
utilities. Steve Simonson stated that the utilities are in the
neighbor's back yard so this will not affect Mr. Carruthers
building the patio deck.
Chairman Hartzog asked Mr. Carruthers if he had any questions
or comments. Mr. Carruthers stated he had none at this time.
With no other discussion or comments, Chairman Hartzog closed
the public hearing at 6:05 p.m. on this item.
#4 CONSIDER AND TARE APPROPRIATE ACTION: Consider and
take action on the Special Exception request from David
Carruthers. (BOA #63)
Norman Slocum moved to approve the request from David
Carruthers, 3725 Forsyth Park, for a Special Exception to the
Zoning Ordinance for a back yard variance to allow him to build
a 22' X 20' patio deck on the back of his house. Anita Clark
seconded the motion, which carried with a unanimous vote.
#5 PUBLIC HEARING: The Board of Adjustment to receive
citizen input on a request from Harley and Alma Rothrock, 812
Mitchell for a Special Exception to the Zoning Ordinance for a
side yard variance to allow them to extend their carport. (BOA
#65).
Harley and Alma Rothrock were present at the meeting for this
request.
Chairman Hartzog advised 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 advised in accordance with the ordinance for the
Board of Adjustment all property owners within a 300' radius
were notified. There were 43 letters sent concerning this
request, 11 were received back all in favor.
Chairman Hartzog asked for any questions or comments from the
Rothrock's at this time. They stated they had none.
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Chairman Hartzog mentioned the carport would be extending into
the property line.
Norman Slocum asked for verification on the gutters and the
roof sloping into the neighbor's property how will this
coordinate with a challenge that may occur in the future.
Steve Simonson advised if the board stipulates in the motion
that the gutters have to be put in, then this will be part of
the building permit requirements.
Norman Slocum asked Mr. & Mrs. Rothrock if the guttering
would be a challenge. Mr. & Mrs. Rothrock stated that they
have no problem with the guttering being installed and were
planning on installing the guttering.
Norman Slocum mentioned he would like the stipulation on
gutters being installed included in the motion.
Chairman Hartzog asked what type of construction the carport
was going to consist of7 The contractor advised it would be
wood 2 X 6's with a shingle roof, and vinyl siding and trim.
With no other comments or questions at this time Chairman
Hartzog closed the public hearing.
#6 CONSIDER AND TAKE APPROPRIATE ACTION: Consider and take
action on the above Special Exception request from Harly and
Alma Rothrock. (BOA #65).
Anita Clark moved to approve the request from Harly and Alma
Rothrock, 812 Mitchell for a Special Exception to the Zoning
Ordinance for a side yard variance to allow them to extend
their carport with the stipulation that they will install
guttering which conforms with the building inspection policy.
Norman Slocum seconded the motion which carried a unanimous
vote.
#7 CONSIDER AND TAKE APPROPRIATE ACTION: Board of Adjustment
Rules and Procedure.
Chairman Hartzog commented that the City Council has appointed
two alternates to the BOA, Joe Potempa who is a councilman and
Jim Harris who is a resident of the City of Schertz.
Steve Simonson advised that the only change that took place was
the wording to add two alternates in the first paragraph on the
first page.
Chairman Hartzog asked Steve Simonson if there were any other
changes or comments that needed to be revised. Steve Simonson
commented he had been through the rules and procedure several
times and it conforms to all state laws. It is very straight
forward with the requirement of two alternates.
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Norman Slocum moved to recommend to City Council the approval
for the BOA rules and procedure. Anita Clark seconded the
motion, which carried with a unanimous vote.
#6 GENERAL DISCUSSION:
Chairman Earl Hartzoct:
Chairman Hartzog advised the BOA that there is a meeting
scheduled for Monday October 2, 1995 at 6:00 p.m. Chairman
Hartzog asked if anyone had any problems with this date. Steve
Simonson stated that the Planning and Zoning Commission will be
going to Arlington for the TX APA conference on October 11 - 14.
Anita Clark•
Anita Clark stated she had no comments.
Jovice Briscoe•
Joyce Briscoe stated she had no comments.
Norman Slocum:
Norman Slocum thanked Steve Simonson for the notes that he puts
in the packets with the information on what is happening from
time to time.
Norman Slocum asked about the tar and gravel that they are
putting down on FM 1518 , Ware Seguin, and to 1604 if this is
the city or county doing the work. Steve Simonson mentioned
the city limits out in the area are very confusing but it most
likely is the county doing the work using the same contractor.
#7 ADJOURNMENT
Chairman Hartzog adjourned the meeting at 6:15 p.m.
Board of Adjus me irman,
City of Schertz, Texa
ATTEST:
Planning Se retary, C ty of Schertz
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