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01-26-1998BtJARD OF ADJUSTMENT MEETING January 26, 1998 The Schertz Board ofi Adjustment convened in regular session on Monday, January 26, 1998 at 6:00 p.m. in the Municipal Complex Council Chambers, 1400 Schertz Parkway, . Schertz, Texas. ThQSe 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 Norman Slocum, Alternate Pia Jarman, P& Z Commissioner, ex-officio MEMBERS ABSENT OTHERS PRESENT Ted Duigon (vacation) Jim Long 558 Leaf Lane Lance Cortinas, 150 Starlight Terrace #1 CALL TO ORDER Chairman Hartzog called the meeting to order at 6:00 p.m. Earl Hartzog stated for the record that the Board of Adjustment's responsibility is to consider and grant exceptions to the Unified Development Cade (UDC). The UDC as well as other ordinances has been adopted by the City Council to protect, promote, improve and provide for the public health, safety and general welfare of the citizens of the City of Schertz. This chair will not tolerate criticism of any staff member for performing a sometime difficult task of compliance, statues have procedures for exceptions and that is why we are here tonight. #2 APPROVAL OF MINUTES: Regular Session of December 8, 1997. Jim Harris moved to approve the minutes of the regular session of December 8, 1997 as written. Anita Ciark seconded the motion that carded with a unanimous vote. #3 PUBLIC HEARING: The Board of Adjus#ment is to receive Citizens input on a request from Jim Long, 558 Leaf Lane, New Braunfels for Special Exception to the zoning ordinance to use buildings on Lot 3, block 20 in the Freeway Manor Subdivision for the purpose to store paint products for his business. (BOA #99-~97). Steve Simonson stated that in accordance to the city ordinance 27 letters were sent out to property owners within a 200' radius of said property. Four (4) letters were received in opposition, one telephone call in favor with letter to follow, and one letter in favor of what decision the board reached. Steve Simonson stated #hat Mr. Longs request is strictly to store paints for his personal use and not for any public access. Pia Jarman stated that initially Mr. Longs request to the Planning and Zoning was for consideration to have a retail business on his property. The Commission felt the request fell into another UDC category. After consideration Mr. Long requested the property be used to store paint. Which is permissible land use in the UDC in Section 5 page 21 General Business" section. The area is zoned "GB" which allows for storage warehouses. it does require a site plan. A site plan was not provided at the first request, but since then Mr. Long has provided a design of the storage buildings with the dimensions. Earl Hartzog asked Steve Simonson for some background history on Freeway Manor. Steve Simonson stated that the city's records show that Freeway Manor Subdivision was presented to the County Commission of Guadalupe County in 1958. The subdivision was approved "as is". To his knowledge nothing has been built except for the streets graded. Three to four residents were living in the area when it was annexed. Prior to the annexation, residents had requested water to the area, the residents were granted permission for water meters and lines on IH 35. There was no change #or several years after the annexation, until a request was made to move a manufactured home on one of the back lots. A permit was given for a septic tank and permission for a water line and meter. Then the City became aware that Continental Homes had contacted Caldwell Bankers about selling lots in bulk very cheaply. This would eventually cause snaking water lines throughout the area. The City informed Caldwell Banker's that their letter be revised to state that there are no utilities in the area. For this reason no permits would be issued by the city until these items are completed in the subdivision. Earl Hartzog asked if the owner of lot 2 has been identified. Steve Simonson stated that lot 2 is part of IH 35 and a parking lot. 2 Earl Hartzog recalls a citizen requesting the water line in Freeway Manor around 1984 or 1985. He recalls the citizen working with the city by hauling in dirt for the water line and also improving the road. Earl added that at the time the city was trying to be helpful. Pia Jarman reminded the members that the first request was fora "retail warehouse auto paint" business, since then the request is changed to "storage only of paint products. At this time Chairman Hartzog opened the floor for citizen comments. Lance Cortinas sta#ed that he is an adjacent property owner, he owns the 22 lots surrounding Mr. Longs property. Mr. Cortinas asked if the all of Freeway Manor is zoned "GB". Steve Simonson replied that only the first 750' is zoned "GB". Earl Hartzog explained that Mr. Longs request is for storage of paint on his property, but city's ordinance requires that he have access to a paved street. Mr. Longs request is for a special exception to the ordinance for an unimproved stt`eet. Chairman Hartzog explained that the board would consider the request of "storage only" and the City's inspection department would handle the storage of paint product. Mr. Cortinas stated that he and another property owner Mr. Wilburn are opposed to the request. Norman Slocum asked what is the reason for opposition? Mr. Cortinas explained that if the property would be used for another type of business and not commercial type businesses this would maybe cause his property to devaluate. If it were a commercial type business it would attract other commercial businesses to the area. Anita Clark mentioned that no commercial type businesses are allowed because the roads are not improved. Mr. Cortinas stated that he has owned his property for 12 years, for the fast few years there was no growth in the area. As San Antonio grew further east this caused the growth on IH 35 and the surrounding areas. With no further discussion, Chairman Hartzog closed the public hearing at 6:20 p.m. #4 CONSIDER AND TAKE APPROPRIATE ACTION: Consider and take action on the above Special Exception request from Jim Long. (BOA #99-97) Jim Harris asked for a clarification on which lots would be addressed on the request. The site plan showed lots 3 and 4. Steve Simonson stated the storage buildings are on lo# 3 and that would be the lot addressed. Earl Hartzog stated that his concern of tracking mud onto IH 35 if occasionally there would be traffic in and out of the property. Pia Jarman commented that the property would be used for storage only" and that the only traffic would be a pickup delivering or picking up paint for his business in town. Jim Harris stated that he did not see a problem with the storage of paint in the portable buildings. 1f tH 35 expands he feels this would not hinder businesses, because the portable storage buildings can be easily removed in minutes. Pia Jarman stated that storage buildings or any other type of building would have to comply with the city's building codes, EPA standards etc. The other concern is that a paved road would be required for businesses. Steve Simonson stated that this is basically a "temporary use" request for "storage onl}~'. Jim Harris moved to approve the request from Jim Long for a special exception to the zoning ordinance to use buildings on Lot 3, block 20 in the Freeway Manor Subdivision for the purpose to store paint products for his business. Anita Clark seconded the motion. The vote was postponed for further discussion. Norman Slocum asked for a clarification on the application submitted by Mr. Long. The application states that Mr. Long is requesting a permit like the one given to ALCON. Steve Simonson stated that ACCON is a business off of IH 35 with access to the property. The Long property is off the improved road. Mr. Slocum added that if the request is approved would the city not be setting precedent. Steve Simonson replied, no. Earl Hartzog voiced his concern, if the request is granted, what would permit someone from requesting an exception i.e. to the storage of heavy equipment etc. Anita Clark stated that she would withdraw her motion, the board had no objection. Jim Harris moved to approve the request from Jim Long to utilize his property for personal use as "storage only, only small vehicles and not for onsite customer usage or business". Anita Clark seconded the motion that carried as follows: Ayes: Norman Slocum, Jim Harris, and Anita Clark Opposed: Earl Hartzog Motion does not carry. Request is disapproved. #5 CONSIDER AND TAKE APPROPRIATE ACTION: Selection Procedure to be followed in filling vacancy on the Board. Earl Hartzog thanked Anita Clark for editing the selection procedure to be followed by the board. At this time he asked for any comments or changes. 4 There were none from the board. #6 TAKE ACTION: Amendment to Bylaws to include above approved procedure. Anita Clark moved to forward the selection procedures to be made part of the Board of Adjustment Bylaws to City Council recommending approval. Norman Slocum seconded the motion that carried unanimously. Pia Jarman stated the selection procedures do not need to have the Council's approval. The procedures have only been defined. Steve Simonson stated that the selection procedures are operating procedures and do not need the City Council's approval. The Council would be informed of the change in procedures. #7 GENERAL DISCUSSION: Earl Hartzog stated that the meeting of January 5, 1998 was cancelled because of not having a quorum and would have been non-valid because the agenda was not posted in time to allow the three-day requirement. He added that he asked Mr. Sweatt, if the city would have legal problems due to the agenda not being posted in time. Since the meeting was not held there is no problem. Mr. Sweatt also added that he would look into this oversight not happening again. Jim Harris• Jim had no comments Norman Slocum• Norman apologized for not attending the January 5, 1998 meeting. He thanked the recording secretary for calling and reminding him of the meeting this evening. Anita Clark: Anita had no comments. Pia Jarman: Pia had no comments. Steve Simonson• Steve commented on the continued construction of businesses in the Tri-County Business Industrial Dark. It is beginning to pick up very fast. Earl Hartzog thanked the city staff for their hard work. #8 ADJOURNMENT: ~, Chairman Hartzog adjourned the meeting at 6:45 p.m. C~~ ,~ oard ofi djustmerit Chairman, City of Schertz, Texas ` ATTEST: Planning Secretary, City of Schertz