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