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03-16-1998BoARe 4~ Aa.~usTM~nIT M~ETINC MARCH 16,19!98 The Schettz Board of Adjustment convened in regular session on Monday, March 16, 1998 at 6:00 p.m. in the Municipal Complex Council Chambers, 1404 Scher#z Parkway, Schertz, Texas, Th©se present were as follows: Board of Adl~s#r~}ent .. Earl Hartzog, Chairman Ted Duigon, Vice-Chairman Anita Clark Jim Harris Kathy Hilt, Alternate Pia Jarman, P & Z Commissioner, ex-officio i Staff Steve Simonson Asst. City Manager Mary Ybarra planning Secretary Members Absent Peggy Brown (late arrival) Norman Slocum, Alternate (late arrival) #1 Call To Order; Others Present David & Diane Ebbers, 3809 Broughton Chairman Hartzog called the meeting to order at 6:00 p.m. #2 Approval of Minutes: Chairman Hartzog stated that the minutes of February 23, 1998 were left off the agehda and could not be approved. The minutes of January 26, 1398 were not published and would be available at the next schedule meeting. #3 Public Hearing: To receive citizen input on a request from David and Diane Ebbers, 3809 Broughton for a Special Exception to the Zoning tJrdinance to place an above ground swimming pool in the back yard a distance of 5' from the main structure which is an exception to the 10' requirement. (BOA #100A-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 #here will be no other comments taken. Steve Simonson stated that in accordance with the city ordinance 13 letter were sent out to property owners within a 200' radius. Three (3) letters were received back in favor. Steve explained that the request would be for 5' from the patio not the main structure. This would not have any bearing to the backyard easement or the building setback and encroachment into the 12' utility easement. Pia Jarman stated tha# the Planning and Zoning Commission recommended approval of the request. David and Diane Ebbers were present to answer any questions. Earl Hartzog closed the public hearing at 6:10 p.m. with no other comments or questions voiced. #4 Public Hearing: To receive citizen input on a request from William and Susan Mannecke, 2809 Valencia Lane for a Special Exception to the Zoning prdinance to encroach 8' into the 20' rear yard setback to build a deck. (B4A #100-98). Steve Simonson stated that in accordance with the city ordinance 2 letters were sent out to property owners within a 200' radius of the property. Japhet Enterprises and one other property owner. No letters were received back. Steve pointed out that this is a new area in ~reenshire Subdivision Unit 7. The house backs up to the large drainage greenbelt area of Greenshire. There are no houses that back up to the house and no utility easement. Encroachment into the building setback would not create a problem. Steve mentioned that a letter from the owners of the property is enclosed in the board's packets explaining their absences at said meeting. Pia Jarman stated that the Planning and Zoning had no problem with the request and recommended approval. Earl Hartzog closed the public hearing at 6:15 p.m. with no other comments or questions voiced. 2 #5 Consider And Take Appropria#e Action: On the above special exception request ftom David and Diane Ebbers. (BOA #100A-98). Ted Duigon moved to approve the request from David and Diane Ebbers, 3809 Broughton for a Special Exception to the Zoning Ordinance to place an above ground swimming pool in the back yard a distance of 5' from the main structure which is an exception to the 10' requirement. Norman Slocum seconded the motion that carried unanimously. #6 Consider And Take Appropriate Action: On the above special exception request from William and Susan Mannecke. (BOA #100-98). Kathy Hill moved to approve the request from William and Susan Mannecke, 2809 Valencia Lane for a Special Exception to the Zoning Ordinance to encroach 8' into the 20' rear yard setback to build a deck. Ted Duigon seconded the motion that carried unanimously. #7 piscuss: Mules of procedure of the Board of Adjustment regarding the voting issue. Earl Hartzog stated that a copy of the ordinance that created the Board of Adjustment is in the board's packets. Earl Hartzog reminded the board members of the question from Jim Harris on the voting issue. If only four members are present and the vote would be three to one. Would that be a majority vote? Steve Simonson commented that in the 1997 revised section of the Texas Municipal Zoning Law on voting issues it states that four members are needed for a quorum but a 75% vote is required. The BOA ordinance can be amended to adopt the 75% vote for actions take if the Board decides. Ted Duigon asked if any of the board members had a problem with the 75% required. Norman Slocum stated that he had no objection, but what is the rationale? What is wrong with a 51 % vote? Steve Simonson stated that the State law would not allow it, The section on the voting procedure is an extraction from the local government code. !t is a document that is put together with all the pertinent latest issues in zoning, platting, board of adjustment issues and planning issues. It is updated every year by a law firm in Austin, Texas. Norman Slocum stated that looking ahead at the rapid growth of the city how would the rationale of 75% affect a larger panel. How long can a city live with the 75% change. 3 Steve Simonson stated #hat the law does not detect the number of members needed for a quorum. If it were four or five, the law would still require a 75% vote of the quorum. An answer to Mr. Harris' question, not to change the amount of members for quorum but change the voting procedures #rom a minimum of four, to 75 percentile which would concur with the state law as it is written. it would take a minor change in the ordinance and a few documents to change the voting procedures. After discussion among several of the board members to change the voting procedures it was suggested by Chairman Hartzog to place the issue on the agenda at the next scheduled meeting. He asked if the board needed at address any other changes in the rules and procedures. Jim Harris asked if there is a requirement that the landowner be notified by letter and are they required to be present in order for action to be taken on a request. Earl Hartzog stated that is not a requirement. Pia Jarman stated that in the rules and procedures on page 3 section 6e: the concurring vote of four members of the board in necessary to: etc", she suggests changing it to read: "the concurring vote of 75% of the members of the quorum". Earl Hartzog asked that if any board members have any suggestions to contact Jim Harris to discuss any changes. Jim Harris will report at the next meeting any input from the board members. Steve Simonson explained that the changes to be considered would be section 11 of the ordinance: Membership and Appointment paragraph one (1) third sentence. Ted Duigon asked what is the procedure after the Roard of Adjus#ment makes changes. Steve Simonson explained that a recommendation is sent #o City Council, it goes to a workshop and if council agrees public hearings would be set. The changes would become law and the ordinance would be amended if so agreed. #8 General Discussion: Earl Hartzog: Earl Hartzog introduced the new members to the board and gave a brief introduction to the rest of the board members and staff members. 4 Earl mentioned that the next scheduled meeting would be April 6, 1998. He also asked if the board would like to change the time of the boards meetings. He suggested 7:00 p.m. After discussion among the board members the time would be changed to 6:30 p.m. Steve Simonson: Steve commented on the rapid growth of additional housing requests and on industrial end retail growth along iH35 in the Tri-County Business Park. There is no slow down on growth. He elso mentioned that the Olive Garden is not coming they may come later but for the moment it is only a rumor. Steve also commented on the FM 78 project is still ongoing and construction will start this year. Also this year, construction will start on Lower Seguin Rd. between 1604 and 1518. Another project that will take place this year is new water lines on Pfiel Rd. Pia Jarman: Pia suggested that the board plan a tour of the city. The city is quite different then two years ago. Steve Simonson stated he would be happy to schedule a tour for anyone that had an interest, Anita C[ark: Anita had no comments. Ted Duigon: Ted suggested taking the time to observe first hand the requests that are brought before the board by taking the time to drive out and looking at the property in question. The information in our packets is very informative but observation of the property may be a helpful tool. Nonman Slocum Norman welcomed the new members. He has enjoyed being a member and he hopes the new members enjoy it as much as he has. He also added that the city staff is very informative and has been very helpful in providing information to the board. Norman added that the time of fi:30 p.m. would be a challenge. He would not be as dependable as before. 5 Norman commented on the need for a major connection from FM 3009 to IN10 to FM 1518. It will be a necessity in the years to come. Steve Simonson mentioned that he is a member of MPO (Metropolitan Planning Organisation) whose members represent the Randolph Region. This organization is the one that directs monies for projects. As an example: the FM7$ and lower Seguin projects were voted upon in 1994. At this time we are looking at all the opportunities and alternates between 1604 to Seguin and New Braunfels to add to the infrastructure. The growth we see today on IH10 is the growth in the next 20 years, Norman Slocum commented that the board reflexes corporate members and he would encourage the board that as the city grows and matures so would the board mature much more than what the board had envisioned. Norman wanted to remind the board members of the original settlers of the city, who will always want their voices heard. However, as new life is brought in to the city, this positive contribute may become a negative contribution, they will feel their voice may become a minority and not be heard and vented in other ways. Always respect these individuate, because they were the original settlers. Kathy Hiif: Kathy thanked the board members for selecting her to the board. As she becomes more #amiliar with procedures she would become more informative. Jim Harris: Jim stated that he would encourage new members and anyone that has not attended a City Council meeting to do so. This is the best way to become informed in what is happening in your city. Peggy Brown: Peggy thanked the board for their vote of confidence in selecting her to the board. She also thanked Steve for all the informative reading material that she enjoyed reading and will try to catch upon. #9 Adjournment: Eari Hartzog adjourned the meeting at 6:55 p.m. 6 _ (, Board of Adjustment , air , City of Schertz, Texas ATTEST: Planning Secretary, City of Schertz