08-14-1994BORRD OF ADJUSTMENT
AUGUST 14, 1994
The Schertz Board of Adjustment convened in organizational
meeting on Thursday, August 11, 1994 at 6:30 p.m. in the
Conference Room of the Municipal Complex, 1400 Schertz
Parkway, Schertz, Texas. The following members were
present: Anita Clark, Earl Hartzog, Ted Duigon, and Joyce
Briscoe. Absent: Norman Slocum. Support staff present
were City Manager Kerry Sweatt, Assistant City Manager Steve
Simonson, City Secretary June Krause and Planning Secretary
Norma Althouse.
Mayor Baldwin welcomed the members and thanked them for
volunteering for this very important board.
#1 SWEARING IN
Mrs. Krause swore the member present into office at this
time.
#2 ORIENTATION: Mr. Sweatt informed the members that
Steve Simonson would be staff liaison, with Norma Althouse
serving as Recording Secretary until such time as the Board
considers an alternative. When the Board selects their
Chairman and Vice-Chairman, the secretary could be filled by
someone on the Board. He then introduced Mr. Willman, who
will be Planning liaison. The Board of Adjustment is
created under the terms of State law that provide appeals
from the Zoning Ordinance. Mr. Sweatt advised that when
Council established the Board of Adjustment there is a
provision by which the P&Z reviews the request first and
makes recommendations, but it is not binding. Any appeal
from the BOA would go to District Court.
Mr. Simonson explained P&Z's part in the process, saying
most requests have to do with side yards, back yards and
accessory buildings, most request encroach on one or the
other. He said in some cases they might deal with
businesses that might want to expand. He would be going
over these request, at some length, with the BOA, explaining
the reasons. Once the request form is filled out stating
what they want, then P&Z will hear the request and make a
recommendation to the Board. The Board will need to decide
how they want to handle the cases - whether ane meeting a
month or two or just as they arise.
Mr. Sweatt asked them to keep in mind that a hearing before
the BOA does need at least 14 days for publication and
getting out the letters.
Mr. Duigon asked if it would be advisable for BOA members
to attend P&Z meetings. Mr. Sweatt replied that it would
be a good idea and that Steve Simonson would notify them
when a BOA case would be coming before P&Z.
Mr. Hartzog asked several questions, which were answered by
Mr. Sweat. Meetings require a 72 hour notice and the
secretary will be taking care of that chore. He also
assured them they would be covered by insurance through our
TML Risk Pool policies. Mr. Sweatt also advised that their
decisions require a concurring vote of four members to
overturn zoning.
Mr. Duigon remarked that this function was the
responsibility of the Council before and asked if something
was broken to make the change.
Mr. Sweatt recalled this was voted on by the citizens at
the last city election. The Council had the responsibility
for about ten years. There were some questions about a
conflict for the Council to act as BOA when they had passed
the ordinance in the first place. The Charter has been
amended to this effect and the Council has created this
Board.
It was asked what Mr. Willman's role would be as liaison.
Mr. Sweatt said he would provide input if requested. Mr.
Sweatt suggested the Board of Adjustment should meet in the
Council Chambers but they will have to decide that and when
to meet.
When asked about releasing their phone numbers, Mr. Sweatt
advised that normally Commission and Board members phone
numbers will be released.
#3 DRAWING FOR TERMS OF OFFICE:
Mr. Sweatt said the Council had adopted the view that it
would be advisable to stagger the terms of office so that
all members will not go off at the same time.
There being no disagreement with that, a drawing was held
and the following terms were established:
One year terms - Earl Hartzog and Ted Duigon
Two year terms - Anita Clark, Joyce Brisco and Normam Slocum
#4 SELECTION OF OFFICERS:
Mr. Sweatt opened the floor for a Chairman, Vice-Chairman
and Secretary.
Mr. Hartzog said he saw no need for a secretary and
recommended Norma Althouse as secretary. Mr. Duigon
seconded the recommendation, which carried with a unanimous
vote.
Mr. Duigon made a motion that Earl Hartzog be Chairman.
The motion was seconded by Anita Clark and carried with a
unanimous vote of members.
Mr. Hartzog took over chairing the meeting.
There being no volunteers, Mr. Hartzog made a motion for
Mr. Duigon for Vice-Chairman. Ms. Briscoe seconded the
motion, which carried with a unanimous vote.
#5 ESTABLISHMENT OF MEETING DATES AND TIME
There was much discussion as to the best dates and time for
meetings, with the results that this would be set at the
next meeting when hopefully everyone would be present.
Mr. Simonson briefly discussed two request waiting for
Board action.
The next meeting was set for September 1, 1994 at 6:30 p.m.
Mr. Hartzog suggested that if anyone had questions
concerning these cases, they could call Steve Simonson. He
suggested items for the next agenda could address Rules of
Order, Procedures for meetings, as well as establishing
dates and times for meetings.
#6 ADJOURNMENT: There being no further business to
come before the Board, the meeting was declared adjourned at
8:01 p.m. by Chairman Hartzog.
A ing Secre ary