09-28-1998a
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BOARD OF ADJUSTMENT MEETING
September 28, 1998
The Schertz Board of Adjustment convened in regular session on Monday September
28, 1998, at 6:30 p.m. in the Municipal Complex Council Chambers, 1400 Schertz
Parkway, Schertz, Texas. Those present were as follows:
Board of Adjustment City Staff
Earl Hartzog, Chairman Steve Simonson,
Ted Duigon, Vice-Chairman Asst. City Manager
Anita Clark Mary Ybarra
Jim Harris Planning Secretary
Peggy Brown
Joyce Briscoe, P & Z ex-officio
Members Absent Others Present
Peggy Brown (late arrival at meeting)
#1 Call to Order:
Larry Krippendorf,
Japhet Custom Homes
Steve Hamre,
3820 Forsyth Park
Chairman Hartzog called the meeting to order at 6:30 p.m.
#2 Approval of Minutes: Regular session of September 14, 1998.
Chairman Hartzog asked for any comments or corrections to the minutes.
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Ted Duigon stated that on page three; fourth paragraph to insert the word "would" after
the word "facility". On page four in item #11 the word "action instead of the word "area".
On page five; second paragraph in the last line delete the word "at" and add the word
"of' after the word "forest". On page six; first paragraph, delete "Board makes their
recommendations" and change to read "Board of Adjustment makes their decision
known", in the third paragraph; first line, delete the word "maintaining" to "cleaning and
removal;" in the second line add the word "care" after the word "take", in the third line;
delete the word "respond" to "response" and change the word "quickly" to "quick". In the
last paragraph of page six, in the last line add the word "back of after the word "the".
On page seven; second paragraph to delete the word "residents" to "resident". On page
eight; forth paragraph insert the word "it" after the word "is". On page nine; second
paragraph, second line insert the word "yard" after the word "rear", in the sixth
paragraph delete the "s" from the word "options" after the word "another", in the last
paragraph insert the word "all" after the word "over" and delete the word "the" and add
"a". On page ten; first paragraph delete the word "metal" after the word "walls of the
second line. To conclude, Ted Duigon stated that on the second paragraph of page ten,
to delete the "coma" from the statement.
Earl Hartzog stated he had the following corrections; to add "alternate" after Kathy Hill,
add Joyce Briscoe to Board of Adjustment Members as P & Z representative. On page
two; sixth paragraph, it should read "Kathy Hill", not "Brown".
With no further corrections, Ted Duigon moved to approve the minutes for September
14, 1998, as amended. Anita Clark seconded the motion and the vote was as follows:
Ayes: Earl Hartzog, Peggy Brown, Ted Duigon, and Anita Clark
Abstentions: Jim Harris (Not present at said meeting).
#3 Public Hearing: To receive citizen input on a request from Steven Hamre,
3820 Forsyth Park, Savannah Square Subdivision for a Special Exception to the Zoning
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Ordinance for a side yard setback from 7.5' to 6.5' and a rear yard setback from 20' to
15' to enclose a deck for a room adition. (BOA#155A-98)
Chairman Hartzog stated that 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 in its decision. After the public hearing is closed there will be no other
comments taken.
Steve Simonson stated that in accordance with the city ordinance 25 letters were sent
out to property owners within a 200' radius of said property. Of the letters sent out three
(3) letters were received back in favor, none were received opposed to the request.
Steve Simonson stated that the site plan and plat provided shows that the side yard and
rear yard easements will not be affected.
Joyce Briscoe stated that the Planning and Zoning Commission had no problem with
the request and recommended approval.
Ted Duigon stated that if no changes were done to the deck, it would still not be in
compliance with the City Ordinance
Mr. Hamre stated that according to his deed he was under the impression that he had a
15' rear building setback and a 5' side yard setback. Steve Simonson stated that in
researching city records applying to the property, there is no evidence of these
variances being given. Steve Simonson stated that he doesn't know where the County
(Bexar) came up with the lot information that was provided to Mr. Hamre at the time of
purchase. This type of documentation (survey) is provided to a homeowner when
property is purchased.
Steve Simonson stated that this is the reason for the variance request. Mr. Hamre
assumed he was within the City ordinance.
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With no further discussion, Earl Hartzog closed the public hearing.
#4 Public Hearing: To receive citizen input on a request from Japhet
Enterprises, Inc., for a Special Exception to the Zoning Ordinance to encroach 2' into
the 10' sanitary sewer easement at 2769 Valencia Lane, blk. 9, lot 47, Greenshire
Subdivision Unit 7. (BOA #116-98)
Chairman Hartzog stated that 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 in its decision. After the public hearing is closed there will be no other
comments taken.
Steve Simonson stated that in accordance with the city ordinance 7 letters were sent
out to property owners within a 200' radius of said property. Of the letters sent out two
(2) letters were received back in favor, none were received opposed to the request.
Steve Simonson stated that a letter from Public Works is part of the packets where they
state that there is no problem with the sewer line encroachment that is 3' away from the
slab. However, Public Works will require access to the easement with no obstructions
such as fence, storage etc.. When the plans were provided to building inspectors the
plans indicated the building was in the perimeters, however in the process of building,
the house was moved slightly in order to save a 36" native oak tree at the front of the
property, which caused the encroachment.
Joyce Briscoe stated that the Planning and Zoning Commission had no problem and
recommended approval. The P & Z Commission was pleased that a tree was saved.
Earl Hartzog and Ted Duigon voiced concern on this type of situation that on several
occasions have been brought forth for approval. Both, Earl and Ted agree that on these
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occasions the question is, is the Board of Adjustment giving permission to allow for the
variance or is it more of forgiveness for an error?
Jim Harris asked that isn't it the responsibility of the inspector to check if the builder is
complying with the building plans? Steve Simonson stated that the inspectors make
foundation checks, however with the amount of homes under construction in the City, it
does make it difficult for city inspectors.
Earl Hartzog stated that the Board of Adjustment is willing to work with builders when
these situations occur, however the Board of Adjustment would like to be aware prior to
construction and completion of the home.
With no further discussion, Earl Hartzog closed the public hearing at 6:50 p.m.
#5 Consider and Take Appropriate Action: On the above Special Exception
request from Steven Hamre, 3820 Forsyth Dr. (BOA #115A-98).
Earl Hartzog asked for any questions or comments.
Ted Duigon moved to approve the request from Steven Hamre, 3820 Forsyth Park,
Savannah Square Subdivision for a Special Exception to the Zoning Ordinance for a
side yard setback from 7.5' to 6.5' and a rear yard setback from 20' to 15' to enclose a
deck for a room addition. Anita Clark seconded the motion that carried unanimously.
#6 Consider and Make Appropriate Action: On the above Special
Exception request from Japhet Enterprises, Inc. (BOA #116-98).
Earl Hartzog asked if there are any comments or questions?
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With no further discussion, Jim Harris moved to approve the request from Japhet
Enterprises, Inc., for a Special Exception to the Zoning Ordinance to encroach 2' into
the 10' sanitary sewer easement at 2769 Valencia Lane, blk. 9, lot 47, Greenshire
Subdivision Unit 7. Peggy Brown seconded the motion that carried unanimously.
Ted Duigon stated that he agreed with the motion, however he believes it is not a
mistake nor an error, but more of a violation.
#7 GENERAL DISCUSSION:
Peggy Brown:
Peggy apologized for her lateness.
Jim Harris:
Jim apologized for not attending the las# meeting.
Ted Duigon:
Ted had no comments.
Anita Clark:
Anita had no comments.
Joyce Briscoe•
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Joyce reported that the Centurion Mini Storage request was tabled at the last Planning
and Zoning Meeting. The developer is working with the homeowners to save trees at
the zero lot line and have considered a 6' buffer. The question was brought up that who
would maintain the 6' buffer. Mr. Perez a resident of the Forest Ridge Subdivision
offered to maintain the 6' buffer.
Steve Simonson:
Steve reported that there are plans for an Eckerd Drug on FM 3009 at Savannah Drive.
Earl Hartzog:
Earl mentioned the need for the traffic light at Woodland Oak Dr. Steve Simonson
reported that the last word he had from TXDOT on the light was that sometime around
Christmas. The contract had been for placement of the light by July, however there are
other contracts pending before they will get to the City of Schertz.
#8 ADJOI~RNMENT:
Chairman Earl Hartzog adjourned the meeting at 7:05 p.m.
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Board of Adjustment C airm City of Scih
ATTEST:
Planning Secretary, City of Schertz
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