07-06-1998BOARD OF ADJUSTMENT MEETING
JULY 6,1998
The Schertz Board of Adjustment convened in regular session on Monday July 6, 1998,
at 6:30 p.m. in the Municipal Complex Council Chambers, 1400 Schertz Parkway,
Schertz, Texas. Those present were as follows:
Board of Adiustment
Earl Hartzog, Chairman
Ted Duigon, Vice-Chairman
Anita Clark
Peggy Brown
James Harris
Members Absent
#1 Call to Order:
Chairman Hartzog called the meeting to order at 6:30 p. m.
Ci Staff
Steve Simonson,
Asst. City Manager
Mary Ybarra
Planning Secretary
Others Present
Jim Lord,
2555 Crested Heights
Chairman Hartzog welcomed Joyce Briscoe and Norman Slocum. Earl Hartzog
mentioned that Joyce Briscoe is the Planning and Zoning representative and that Mr.
Slocum will be an acting alternate member for the meeting.
#2 Approval of Minutes: Regular session of June 8, 1998.
Earl Hartzog stated that under others present to correct the spelling from "Ginty" to
"Cindy". Ted Duigon stated that on page four third paragraph "Chairman Hartzog"
should read "Ted Duigon" and on page five third paragraph the statement should read
"vote was as follows:" and on page six under Ted Duigon comments the word "elevate"
should read "alleviate".
With no further corrections or additions, Ted Duigon moved to approve the minutes of
June 8, 1998, as amended. Anita Clark seconded the motion that carried as follows:
Ayes: Ted Duigon, Anita Clark, and Earl Hartzog
Abstention: Peggy Brown and James Harris. (not present at said meeting).
Motion carried.
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#3 Public Hearing: To receive citizen input on a request from Jim Lord, 2555
Crested Heights for a Special Exception to the Zoning Ordinance for a side yard
setback from 5' to zero feet (5' to 0") to build a deck. (BOA #108-98).
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.
Earl Hartzog asked for staff input.
Steve explained that the request had come to the attention of the city inspectors when
Mr. Lord applied for a permit and was told about the requirement of the side yard
setback. Mr. Simonson also mentioned that the way the house was built, the deck would
go right up to the fence line of the property. Steve also added that there is no utility on
the side yard setback and no house against the fence. The lot also is parallel to the road
and the deck will be 10' from the road.
Steve Simonson stated that in accordance with the city ordinance 16 letters were sent
out to property owners within 200' radius of said property. Of the letters sent three were
received in favor, none were received opposed.
Chairman Hartzog asked for a report from Joyce Briscoe, Planning & Zoning
representative.
Joyce Briscoe stated that the Planning and Zoning Commission had approved the
request from Mr. Lord. Joyce also added that Planning and Zoning had concerns of the
city providing new residents with information regarding the city's construction
requirements. Joyce stated that the Commission was advised that new residents are
informed and given packets at City Hall with the information on the City requirements.
Ted Duigon asked that if this request did not require a variance what would the
procedure be if the deck were already constructed? Steve Simonson stated that in this
case the inspectors observed the construction of the deck. Steve added that in some
cases, citizens are given a copy of the requirements needed and advised that a permit
is required if the inspector finds that the construction will not require a variance and
double permit fees will be issued.
Earl Hartzog asked for citizen's comments if any and asked Mr. Lord would he like to
comment?
With no citizen's comments and Mr. Lord's reply that he did not have any comments,
Chairman Hartzog closed the public hearing at 6:40.
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#4 Consider and Take Appropriate Action: On the above Special Exception
request from Jim Lord, 2555 Crested Heights. (BOA #108-98).
Ted Duigon commented that if was a great looking deck and moved to approve the
request from Jim Lord, 2555 Crested Heights for a Special Exception to the Zoning
Ordinance for a side yard setback from 5' to zero feet (5' to 0") to build a deck. Peggy
Brown seconded the motion and the vote was as follows:
Ayes: Peggy Brown, James Harris, Earl Hartzog, Ted Duigon and Anita Clark.
Motion carried.
#5 Consider and Make Recommendation: The reappointment of the
following members:
1. James Harris
2. Anita Clark
3. Norman Slocum
4. Peggy Brown
Chairman Hartzog stated that the above members have advised him that they would
like to be considered for reappointment to the board.
Chairman Hartzog stated that James Harris, Anita Clark and Peggy Brown would
continue as regular board members and Norman Slocum as an alternate member.
With no further discussion or comments, Ted Duigon moved to forward recommending
approval to the City Council the reappointment of James Harris, Anita Clark, Peggy
Brown as regular members and Norman Slocum as alternate to the Board of
Adjustment. Earl Hartzog seconded the motion and the vote was as follows:
Ayes: Peggy Brown, James Harris, Earl Hartzog, Ted Duigon and Anita Clark.
Motion carried.
#6 GENERAL DISCUSSION:
Norman Slocum:
Norman had no comments.
Peggy Brown:
Peggy apologized for her absences at the last meeting. Peggy also thanked Anita Clark
for a job well done at the 4t" of July Jubilee. Her family thoroughly enjoyed it.
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Peggy commented on construction of a new building behind the G.V.E.C. office and
was informed that G.V.E.C. is building a newoffice/warehouse complex.
Peggy also introduced her son Christopher and mentioned that he made the list of
"Who's Who" at his high school.
James Harris:
Jim asked about the status of the public hearings in regard to the UDC changes to the
voting procedures of a 75% vote, and was informed that the public hearings have been
scheduled by City Council and process has begun.
Ted Duigon:
Ted asked for clarification in the voting procedure of needing four votes to effect a
decision, if there are not four votes on a motion to approve, it wouldn't be approved
therefore, there would be no change. If the motion is to deny the request and it doesn't
have the enough votes to pass the motion, which is a denial of the request, there would
be no change and he doesn't quite understand this procedure.
Steve Simonson stated that in checking into the procedures of voting to make a motion,
it doesn't matter how the vote carries it's a no change unless you have four votes to
approve or make a decision to effect the special exception which is a change to Zoning
Ordinance.
Anita Clark:
Anita commented on a metal building on Exchange Ave and asked if this is some type
of business, and was informed that it's not a business and that the building has been
there for some time.
Anita informed the board that the 4t" of July Jubilee was very successful with only one
mishap, at the firework display a spark slightly burned a city employee.
Joyce Briscoe:
Joyce thanked Anita Clark for a job well done at the 4t" of July Jubilee. Joyce informed
the board that the Planning and Zoning is moving right along.
Steve Simonson:
Steve commented on the 20 plus acre lot that will be one building, the building will
approximately be between 350 to 400 thousand sq.ft. At this time he can not comment
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about the plans for the new construction. One thing he can say is that the new building
will be larger than the other large businesses in the area.
Steve also added that he doesn't see any change in the growth.
Earl Hartzoct:
Earl commented on several items that he feels need the City needs to look into, which
he feels needs some attention.
1. Lindbergh to Aviation Streets speed limit.
2. Exchange Ave. businesses that exit in a residential area.
Earl also mentioned that postal rates are going up at the first of the year. Earl asked if
the change in city's development fees are enough to cover the expenses, as far as legal
notices etc. he was told that the fee for variance requests did not change, it has been
$50 for several years and these requests usually are from citizen's not developers and
that the $50 is enough to cover the expenses.
#7 ADJOURNMENT:
Chairman Earl Hartzog adjourned the meeting at 7:05 p.m.
<~~ ~ ..
Board of Adjustme t Chair ~ ,City f Schertz
ATTEST:
Planning Secretary, City of Schertz
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