Loading...
06-12-1995BOARD OF ADJUSTMENT MEETING June 12, 1995 The Schertz Board of Adjustment convened in regular session on Monday, June 12, 1995 at 6:30 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 MERWIN WILLMAN, P&Z COMMISSIONER MEMBERS ABSENT OTHERS PRESENT JAY DAVIS, 1032 MIDWELL SUSAN GARRETT 2701 HILLVIEW LN CITY STAFF STEVE SIMONSON, TED DUIGON, VICE-CHAIRMAN ASST. CITY MANGER DENISE GRANGER, PLANNING SECRETARY ~1 CALL TO ORDER Chairman Hartzog called the meeting to order at 6:30 p.m. #2 APPROVAL OF MINUTES: September 29, 1994 Norman Slocum moved to approve the minutes, as written, for September 29, 1994. 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 Charles E. Gibbs, 1033 Midwell, for a Special Exception to the Zoning Ordinance for a variance for a 3' side yard variance to allow him to build an 898 square foot addition on to the side of his home. (BOA #62) Charles Gibbs 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 Adjustments all property owners within a 200' radius were notified. There were 43 letters sent concerning this request, 1 was undeliverable, and 5 were received back all in favor. All the fees have been paid and all documentation has been received. Susan Garrett, 2701 Hillview Lane questioned what the construction was going to consist of. Charles Gibbs advised that it would be a wood frame addition like the existing structure with brick on one side. It would be exactly the same as the existing structure. Jay Davis of 1032 Midwell commented that he was Mr. Gibbs' next door neighbor and was in favor of the request. With no other discussion or comments, Chairman Hartzog closed the public hearing at 6:40 p.m. on this item. ~4 CONSIDER AND TARE APPROPRIATE ACTION: Consider and take action on the Special Exception request from Charles E. Gibbs (BOA #62) Chairman Hartzog commented that he had driven in the area of the request and is concerned that the houses seem to be alot closer than the 15' that is required in the zoning ordinance. Steve Simonson stated that the zoning in that area is PUD (Planned Unit Development) mixed use not fixed use. It is like Savannah Square. There is supposed to be 15' between homes. There was no variance to that effect in Woodland Oaks. For a PUD the standard set back rules have to be followed unless there is a variance given during the PUD zoning that is put on the property. Joyce Briscoe moved to approve the request from Charles E. Gibbs, 1033 Midwell, for a Special Exception to the Zoning Ordinance for a 3' side yard variance to allow him to build an 898 square foot addition on to the side of his house. Norman Slocum seconded the motion, which carried with a unanimous vote. ~5 CONSIDER AND MAKE RECOMMENDATION: On the Draft for Rules of Procedure for the BOA. Chairman Hartzog mentioned Section E, item #3 the releasing of the tapes should be up to the Chairman and the City Staff. Steve Simonson advised the voice tapes for the Planning and Zoning Commission are recycled every 90 days. The BOA would need to keep their tapes longer than the 90 days. The minutes after being approved are the official record. The tapes would be marked if they had to go to court and held until needed. Joyce Briscoe asked if someone was to appeal, would it be before the County or District Court, and should that be a concern. Steve Simonson advised that the appeal goes before the County Court. As long as it is in the policy on how long the tapes are to be held this can be done. -2- Chairman Hartzog recommended the tapes being recycled after the minutes being approved unless the Chairman, or another member, or City Staff determines it is necessary to retain the tapes. Everyone was in agreement with the recommendation. Chairman Hartzog commented on the signing in of a citizen if it is needed. Merwin Willman stated there may come a time the BOA had wished they had the sign in sheet. Steve Simonson agreed with Merwin Willman that the BOA at a time may wish they had the sign in sheet you may leave the statement in the procedures and not use it. You may ask everyone to sign in for clarification on who has spoken for the minutes. Norman Slocum questioned what is the value of having the sign in sheet. Steve Simonson advised for classification in case someone was to speak out with out being able to be understood who they were this would help to complete the record. Norman Slocum moved to recommend to City Council the approval of the Rules and Procedures as written. Joyce Briscoe seconded the motion, which carried with a unanimous vote. ~6 CONSIDER AND MAKE POSSIBLE RECOMMENDATION: The Reappointment of the Chairman, Earl Hartzog, and Vice-Chairman, Ted Duigon. Chairman Hartzog stated he had talked with Ted Duigon and Mr. Duigon has advised he would like to be appointed for another 2 year term. Chairman Hartzog also stated he would serve another 2 year term. Joyce Brisco moved to recommend to City Council for the reappointment for a 2 year term for Chairman Earl Hartzog, and Vice-Chairman Ted Duigon. Anita Clark seconded the motion, which carried with a unanimous vote. ~7 GENERAL DISCUSSION: Anita Clark• Anita Clark mentioned that she is concerned about the paneling that the property owners at 800 Mitchell has on the front of their house by the car port. Steve Simonson advised he would check into the situation. Jovice Briscoe• Joyce Briscoe asked that her address be corrected on the BOA roster. Norman Slocum• Norman Slocum asked the staff for an update on any of the -3- projects that are taking place in Schertz. Steve Simonson advised that FM 3009 was to be completed this week. They are still in the final stages of the drainage. All five lanes will not be open until all of the work is completed on the curbing and drainage. It looks like the end of June or the first of July. Ashley Place on Schertz Parkway has begun to construct the streets and approval for four (4) house plans have been given for the model homes. Dove Meadows has started building again. There are five plans for Greenshire Subdivision in Units 3, 4, and 6 with developers. Bill Millers should be open by the end of June. The construction for the Ramada Limited has started. Zemex Corporation which owns Tri-County Business Park is also talking to Arby's and Kentucky Fried Chicken. HEB has not confirmed their plans as to date. Norman Slocum asked about the expansion of FM 78 from FM 3009 in the City. Steve Simonson advised that the MPO had recommended construction approval a year and a half ago. The expansion is in their FY for 1997. Their FY runs from the beginning of June but there is nothing in writing. The Dallas/Ft.Worth area feels to much money is being funded on roads in the San Antonio area. What is happening is the way they spend highway dollars was misinterpreted and San Antonio was spending money on all road improvements where Dallas was only spending money on Federal Highways. The FM 78 project is going to cost the City of Schertz money because of all the ROW that will need to be bought. At this time the City has not received a ROW map to know what has to be purchased, which takes twenty-four months to purchase. They have been notified that the City would like a ROW map but no one seems to have it available. The City Council, and Mr. Sweatt are aware and have informed the highway department, the Representatives of the State House and also the Federal Government on the situation. Norman Slocum asked about any major issues facing the city for the future, also IH 35 with the NAFTA Highway. Steve Simonson stated the major issues facing the City at this time are: facilities, spacing for the Fire Department, SAFES, Police Department, equipment, staffing and pay issues. The issue with the NAFTA Highway on IH 35 it is still in the working. We do have a representative in the City that is on the Corridor Council as a voting member. ~8 ADJOURNMENT Chairman Hartzog adjourned the meeting at 7:15 p.m. -4- c~ Board of Adjus ment City of Schertz, Te ATTEST: ._ t , , anning Secre ary, City f Schertz -5-