09-14-1998BOARD OF ADJUSTMENT MEETING
September 14, 1998
The Schertz Board of Adjustment convened in regular session on Monday September
14, 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 Ci Staff
Earl Hartzog, Chairman Steve Simonson,
Ted Duigon, Vice-Chairman Asst. City Manager
Anita Clark Mary Ybarra
Kathy Hill, Alternate Planning Secretary
Peggy Brown
Joyce Briscoe, P & Z, ex-officio
Members Absent Others Present
Jim Harris (work related) George 8: Alice Perez,
4500 Brush Creek Dr.
Eugene 8~ Dolores Rice,
4496 Brush Creek Dr.
John ~ Jeannette
Wright, 4505 Madrone
F.W. Allen,
101 Ridge Trail
Willie P. Peacock,
4508 Brush Creek Dr.
Barry Sanditen,
3009 Partners, Inc.
Larry Goodwin,
4494 Brush Creek
James Allen
1262 Phantom Valley
AI & Laura LeBlanc,
4509 Brush Creek Dr.
#1 Call to Order:
Chairman Hartzog called the meeting to order at 6:30 p.m.
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#2 Approval of Minutes: Regular session of August 17, 1998.
Chairman Hartzog asked for any comments or corrections to the minutes.
Ted Duigon mentioned that a correction on page was needed: delete Peggy Brown
under members absent, and place her name in members present. Chairman Hartzog
suggested that the time of arrival, 6:35 p. m. be mentioned.
Earl Hartzog stated that the comments for the public hearing procedures should be
mentioned at the opening of each public hearing. Add the comments at the top of page
three. Correct the spelling for " Biegert" on page three in the last paragraph bottom of
the page.
With no further corrections, Peggy Brown moved to approve the minutes for August 17,
1998 as corrected. Anita Clark seconded the motion and the vote was as follows:
Ayes: Earl Hartzog, Peggy Brown, and Anita Clark
Abstentions: Kathy Hill and Ted Duigon. (Not present at said meeting).
#3 Public Hearing: To receive citizen input on a request from Castle Rock
Development, Inc. (Centurion Storage at FM3009) for a Special Exception to the Zoning
Ordinance for a rear yard setback from 25' to zero lot line to allow building #8 to be the
fence line of the zero lot line and to allow a residence for security in a "GB" (General
Business) zoning. (BOA #115-98).
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
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consideration in its decision. After the public hearing is closed there will be no other
comments taken.
Earl Hartzog asked for staff input.
Steve Simonson stated that in accordance with the city ordinance 11 letters were sent
out to property owners within 200' radius of said property. Of the letters sent, four letters
were received back in opposition. None were received in favor.
Steve Simonson stated that the normal setback for any business from a residential area
is 25'. The request is to use building #8 in place of a fence against the back of the
building facing inward separating the residential area from the commercial area. A
telephone call was received today informing the city that the request for the on site
residence security was being withdrawn. Steve Simonson added that the overfay
ordinance for FM3009 requires a 50' building setback for the front of the building and
the developer is complying with the requirement.
Earl Hartzog asked if the city t~~l a tree ordinance protecting trees from such
development? 'Steve Simonson advised the Commission that trees of 8" caliber or more
should not be cut down. However, if a developer can show reasons for the removal or
cutting of the trees, in such a way that it affects, configuring parking, and the building,
the city does not have an ordinance not allowing such a development from coming into
the:ci4~~: `the storage facility would have asphalt-covering wall to wall.
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earl Hartzog asked if the drainage from the facility would cause problems and was
advised that the water draining off this property will drain into the FM3009 drainage
channel and it will not be much of an increase in water drainage.
Joyce Briscoe commented that the Planning and Zoning had reservations for the
residents of Forest Ridge Subdivision in regard to the zero lot line, whether it would l
better to have the masonry wall, or the 25' building setback which would cause a nq~i~
factor with people driving back in the storage area.
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Ted Duigon asked what would happen if the variance was not granted? Would the
developer have to move building #8 and shift the layout of the facility or remove building
#8 entirely? Steve Simonson stated he did know.
Earl Hartzog reminded everyone that the area is zoned "GB" and the type of business
proposed is authorized for this area. As Mr. Simonson mentioned, the trees will be
removed and the request is to place a building adjacent to the residential area as the
fence.
During the course of the meeting six letters were presented by property owners in
opposition, making a total of 10 letters not in favor of the request.
Chairman Hartzog opened the floor and asked for citizen comments.
Several citizens from the residential area of Forest Ridge Subdivision commented on
several issues. Residents in Forest Ridge Subdivision lots #19,20,14,17, and 2, stated
their concerns on different issues such as:
1. Obstruction of environment (trees)
2. Security for the residential area
3. Precedent of a zero lot line
4. Hike, trail and bike path for the subdivision
5. Safety issues
6. Opposed to cutting trees
7. Devaluation of Property
8. Facility kept clean
9. Lighting
10. Noise factor
11. Receiving notification of the proposed action.
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Earl Hartzog stated that no notification was sent out to the residents due to this type of
business being authorized for the area. Earl Hartzog mentioned that the request before
the BOA is the zero lot line, the board does not have any control over what is planned
for the area.
Art Kissinger, salesman for the Forest Ridge Subdivision stated that he sold many of the
homes to some of the residents present. He is very proud of the subdivision and the
name chosen for Forest Ridge was done for a purpose, "the forest of trees". With the
removal of the trees the residents will be looking at a storage facility, not a forest of
trees.
Barry Sanditen representing the developers for Forest Ridge explained he is not
speaking for the Homeowners. There wasn't enough time for discussion with the HOA's
in this issue. Mr. Sanditen commented that he isn't opposed to the development, he
hasn't seen any of the plans or site plans for the development, however he has
reservations, and concerns. Barry Sanditen stated that the City has no tree ordinance to
protect trees from this type of development, but he feels there should be some
consideration to saving trees. When Forest Ridge was developed, he was required by
the City to save as many trees as possible and this was done, by moving utility lines,
expenses in drainage and development items. Regardless of the expense involved, one
main issue that was instructed to be done by the Planning and Zoning Commission was
to build a wrought iron fence or a solid masonry wall along the boundary that separates
the residential property from the commercial property. Barry Sanditen commented that
with the requirement of the wrought iron fence for the subdivision, he questions why the
preservation of site plans and development of this type aren't done in a careful manner.
Secondly, a substantial amount of parkland was dedicated to the City to be used by the
City at a future date to tie-in (hike & bike trails) at both ends of the subdivision. A portion
of the hike and bike trail has been built and he doesn't know when the city plans to tie
into the hike and bike trail, which will benefit the public.
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Steve Simonson explained to the Board and citizens that the site plan has not been
approved, it is a tabled item until the Board of Adjustment makes their decision known
to the Planning and Zoning on the action taken this evening.
James Allen President, Castle Rock Development, Inc. explained that there are two
options; the building used as the zero lot line or have the 25' building setback which will
have a driveway and storage doors facing toward the residential area. Mr. Allen added
that not many of trees can be saved, but will try to save as many as possible. He
explained that the facility will be maintained and their main purpose is security.
Peggy Brown asked who would be responsible for cleaning and removal of any graffiti
on the walls? Mr. Allen stated that the facility would take care of the maintenance,
painting of the wall etc. At their other locations, their response is quick and they have
not had much of a problem.
Anita Clark asked what type of control does the facility have as to what is stored in the
interior? Mr. Allen explained that the facility has a contract that is signed and if anyone
does bring hazardous materials on the premises, they will be asked to leave and fined.
Bringing hazardous materials is against the law under the Chapter 59 of the property
code, which the facility contract is based on.
Ted Duigon asked that if building #8 were moved 25' toward FM3009 what distance
would be maintained between the two 15' wide buildings? Mr. Allen explained that the
buildings would become one wide building with a hallway down the middle of it.
Mr. Allen stated that building #8 would not have lighting on the back of the building. The
lights that are used are surtace mounted lights on the buildings that face down onto the
driveways. If the building were setback 25' lighting would be needed on the back of
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building, even though the lights are focused on the driveway the lights would still shine
into the residential area.
Earl Hartzog stated that the residents have two options: Use building #8 as the zero lot
line as a fence or a driveway if the building sits back the 25'. These are the two options
before the Board. The site plan may change, however the BOA needs to vote whether
to allow the exception or not.
Mr. Perez, resident of lot 19 stated he would prefer that building #8 to be used as the
fence line.
Earl Hartzog closed by stating that he hoped that the development can find some way to
save some trees, plan a meeting with the HOA and show them what the development
has planned, and that Planning & Zoning look into a City ordinance to save trees in a
"GB" area.
Wth no further comments or questions, Chairman Hartzog closed the public hearing.
#4 Public Hearing: To receive citizen input on a request from Donald & Wanda
Young, 116 Webster Dr. for a Special Exception to the Zoning Ordinance for an
accessory building setback from 3' to 1' for the construction of a patio cover. (BOA
#114-98).
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.
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Steve Simonson stated that in accordance with the city ordinance 14 letters were sent
out to property owners within a 200' radius of said property. Of the letters sent out six
(6) letters were received back in favor and one (1) letter was received opposed to the
request.
Steve Simonson stated that Mr. Young is requesting to construct a patio cover on an
existing deck. The patio cover would be 1' from the fence line.
Earl Hartzog opened the floor for citizen's comments.
Ted Duigon asked if the existing deck was wood or is it a concrete slab? Mr. Young
stated that the material is concrete. Ted Duigon asked if the concrete slab is
encroaching into the setbacks and was advised that was true.
Steve Simonson stated that the slab was constructed 20 years before a City ordinance
was established. The zoning ordinances were very different back in 1971.
With no further comments or questions, Chairman Hartzog closed the public hearing.
#5 Public Hearing: To receive citizen input on a request from Charles & Robin
Corely, 1184 Berry Creek Dr., for a Special Exception to the Zoning Ordinance for a
rear yard setback from 20' to 11' for the construction of a large wooden deck. (BOA
#113-98).
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.
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Steve Simonson stated that in accordance with the city ordinance 21 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 and one (1) letter was received opposed to the
request.
Steve Simonson stated that the deck is being attached to the house, which makes it
part of the house. A 25' rear yard building setback is required by the City ordinance.
The deck encroaches 9' into the 20' setback, however it will not affect any easements.
With no further comments or questions, Chairman Hartzog closed the public hearing at
7:40 p. m.
#6 Consider and Take Appropriate Action: On the above Special Exception
request from Castle Rock Development (Centurion Storage). (BOA #115-98).
Earl Hartzog asked for any questions or comments.
Ted Duigon commented on the two options presented to the residents this evening. The
residents do not have much of a choice in either of the two options presented. He hopes
the Planning and Zoning Commission can come up with another option or variations to
the request. For this reason, he will vote opposed.
Peggy Brown asked what is the total of letters received in opposition to the request and
was advised that a total of 6 (six) letters received this evening, a total of 10 (ten} letters
received over all, out of a total of 11 letters sent out.
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Steve Simonson explained to the residents that voiced concern to the type of
construction for the buildings. The buildings would have tilt wall cement walls, sliding
metal doors and the developer plans the stucco finish for the back of building #8.
After discussion among the board members, on several issues discussed in the public
hearing Earl Hartzog, asked for a motion.
Peggy Brovvn moved to approve the request from Castle Rock Development, Inc.
(Centurion Storage at FM3009) for a Special Exception to the Zoning Ordinance for a
rear yard setback from 25' to zero lot line to allow building #8 to be the fence line of the
zero lot line. Anita Clark seconded the motion and the vote was as follows:
Ayes: Anita Clark, Peggy Brown, Kathy Hill and Earl Hartzog.
Opposed: Ted Duigon.
Motion carried.
#7 Consider and Make Appropriate Action: On the above Special
Exception request from Donald SZ Wanda Young. (BOA #114-98).
Earl Hartzog asked the board members if there are any questions or comments.
Ted Duigon moved to approve the request from Donald & Wanda Young, 116 Webster
Dr. for a Special Exception to the Zoning Ordinance for an accessory building setback
from 3' to 1' for the construction of a patio cover. Kathy Hill seconded the motion that
carried unanimously.
#8 Consider and Make Appropriate Action: On the above
Exception request from Charles S< Robin Corley. (BOA #113-98).
Special
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Earl Hartzog asked the board members if there are any questions or comments.
Anita Clark moved to approve the request from Charles & Robin Corely, 1184 Berry
Creek Dr., for a Special Exception to the Zoning Ordinance for a rear yard setback from
20' to 11' for the construction of a large wooden deck. Peggy Brown seconded the
motion that carried unanimously.
#9 GENERAL DISCUSSION:
Anita Clark:
Anita mentioned that the Schertz City Police Academy would be starting Oct. 1, 1998, it
is an eight-week course. There is no cost and applicants must be 21 years of age. She
had applications if anyone is interested.
Joyice Briscoe:
Joyce had no comments.
Steve Simonson:
Steve stated that he can put the rumor to rest as when the City will have a "Target". A
"Target" is planned at Olympia Park Shopping Ctr. on IH35. The site plan for
Schlotzsky's Deli has been approved and we will start seeing construction soon.
Steve mentioned a correction on his notes to the board. Woodland Oaks Dr. will be
connected from FM3009 to Schertz Parkway. Delete the word "not" from the statement.
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Ted Duigon:
Ted asked what happen to the traffic light at FM3009 and Woodland Oaks and was
..advised that a contract was let and the light was planned for July of this year. However,
there are 70 other contracts and maybe we will see the light by next month.
Peggy Brown:
Peggy mentioned that it is rumored that the City of Schertz is featured in the September
issue of Southern Living. However, she has not seen the article. Anita Clark mentioned
that she believes the article is featured on " Bawdsey Manor" (tearoom) in Schertz.
Kathy Hill:
Kathy had no comments.
Earl Hartzog:
Earl asked for clarification to the sidewalk issue on FM3009. Steve Simonson reported
that City is not requiring anyone to put sidewalks on FM3009. He asked that concerns
could be discussed with the City Council.
Earl suggested that the Planning and Zoning Commission look into saving trees.
#10 ADJOURNMENT:
Chairman Earl Hartzog adjourned the meeting at 8:05 p. m.
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Board of Adjustment Chairman, City of Schertz
ATTEST:
Planning Secretary, City of Schertz
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