04-06-1998BOARD OF ADJUSTMENT MEETING
April 6, 1998
The Schertz Board of Adjustment convened in regular session on Monday, April 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
Jim Harris
Peggy Brown
Ernie Evans, P & Z Commissioner
Members Absent
Pia Jarman, P&Z Commissioner,
ex-officio (vacs#ion)
#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
David C. Ferguson
412 Aero St.
#2 Approval of Minutes: Regular sessions of January 26, 1998, February 23,
1998 and March 16, 1998.
Ted Duigon stated that he had several corrections for the minutes of January 26, 1998.
On page two in item #3 the first line the addition of the word "is". In paragraph five in the
statement made by Pia Jarman, the deletion of the word "would". On page four the first
paragraph the statement should read, "a pickup delivering or picking up paint for his
business in town". On the second paragraph delete the word "enable" and add the word
"hinder". On the third paragraph the word "cities" should read "city's". On page five in
item #7 second line the word should read "non-valid".
A motion to approve the minutes of January 26, 1998 could not be made due to not
having a quorum. Some of the members present were not at said meeting in order to
vote. The approval of the minutes was postponed until the next regular scheduled
meeting.
Chairman Hartzog asked for any corrections to the minutes of February 23, 1998.
Ted Duigon stated that on page one in item #1 to correct the spelling of "Kathyn.
Earl Hartzog stated that in item #1 to add the motion made by Norman Slocum to
forward the selection of Peggy Brown as a regular member and Kathy Hill as an
alternate to City Council for their approval. Ted Duigon seconded the motion that carried
unanimously.
Ted Duigon moved to approve the minutes of February 23, 1998 as amended. Jim
Harris seconded the motion that carried as follows:
Ayes: Earl Hartzog, Jim Harris, Ted Duigon and Anita Clark
Abstention: Peggy Brown
Chairman Hartzog asked for any correctians to the minutes of March 16, 1998
Ted Duigon stated that on page four the first line the deletion of the word "detects and
the addition of the word "specify' and on the fourth line the word should read "percent"
and delete the word "percentile". On the second paragraph the last line the word "at"
should read "to". On page five first paragraph second line the addition of the word "is".
On page six the first paragraph should read the connection from " IH35 to IH10". In the
second paragraph in the fifth line the word should read "alternatives" and not
"alternates". In the third paragraph first line the word should read "reflects not "reflexes"
and on line six the word should read "contribution" not "contribute".
Anita Clark moved to approve the minutes of March 16, 1998 as amended. Peggy
Brown seconded the motion that carried unanimously.
#3 Public Hearing: To receive citizen input on a request from David C.
Ferguson, 412 Aero for a Special Exception to the Zoning Ordinance for a second curb
cut to allow access from Lindbergh Sfreet to a new freestanding garage. (BOA #102-
98).
Chairman Hartzog opened the public hearing at 6:45 p.m.
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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S#eve Simonson stated that in accordance with city ordinance 48 letters were sent out
to property owners within 200' radius of said property. Of the let#ers sent nine fetters
were received in favor. None were received in opposition. Copies of the fetters are in
the packets for review.
Steve added that this is not an unusual request for this street and it does not propose a
problem.
Ernie Evans stated the Planning and Zoning Commission found no reason to deny the
request and recommends approval.
Mr. Ferguson was present and stated that he would like his request to be approved by
the board.
Ear! Hartzog asked Mr. Ferguson if the driveway would be paved.
Mr. Ferguson stated the curb cut would be paved and the driveway would have a base
finish.
With no further questions or comments voiced, Chairman Hartzog closed the public
hearing at 6.50 p.m.
#4 Consider and Take Appropriate Action: Consider and take appropriate
action on the above Special Exception request from David C. Ferguson. (BOA #102-9$)
Ted Duigon asked that if the request is not approved what type of impact would it have
on the property owner? Mr. Duigon stated that he drove out to Aero and found that the
garage is under construction.
Mr. Ferguson stated that he needs more living space and the conversion of the garage
would give him the space needed.
Earl Hartzog asked if the base ma#erial used for the driveway is approved in residential
areas by the city? Steve Simonson stated he would have to check the city code and
speak with the city inspector. Mr. Ferguson stated that he spoke with the city inspector
and the base material could be used for the driveway.
Ear{ Hartzog mentioned that he had not realized how many driveways were on
Lindbergh Street and the speed limit is 30 mph. For this reason, Earl suggested that
someone should take a took at the speed limit.
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Jim Harris moved to approve the request firom David C. Ferguson, 412 Aero for a
Special Exception to the Zoning Ordinance for a second curb cut to allow access from
Lindbergh Street to a new freestanding garage. Anita Clark seconded the motion that
carried unanimously.
#5 Discuss and Take Appropriate Action: Board of Adjustment Rules and
Procedures.
Earl Hartzog asked Mr. Hams to report on any comments he received from board
members on the rules and procedures. Mr. Harris reported that he had not received one
call from anyone on the board.
Ted Duigon stated that the intent of the committee of one, Mr. Harris was to review and
discuss changing the procedure and rule to a 75% vote in place of the four- (4) vote for
disapproving or a majority of members present. Ted stated that the board would consist
of five board members, two alternates and a minimum of four for a quorum. A 75% vote
would be required for approval of actions.
Jim Harris moved to forward to City Council and recommends approval for changes to
the ordinance in Section II Membership and Appointment; "The concurring vote of at
least 75% is required to reverse administrative decisions, grant special exceptions,
authorize variances and take any other action authorized by this ordinance. Ted Duigon
seconded the motion that carried unanimously.
Steve Simonson stated that the bylaws would be changed automatically when the
ordinance is changed. On section (4) four "(e) the concurring vote of at least 75% of the
board is necessary to would change."
Ted Duigon commented that a change on page 6-2d of the Board of Adjustment Rules
and Procedures is needed. The notification of property owners should read 200' in place
of 300'. After discussion with the board members Mr. Duigon moved to amend
paragraph 2d and change the notification of property owners to 200'. Jim Harris
seconded the motion that carried unanimously.
#6 General Discussion:
Peggy Brown:
Peggy asked what is the procedure for picking up the board members packets? Earl
Hartzog stated that the packets are left at police dispatch on Fridays before the
scheduled meeting.
Jim Harris:
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Jim asked who would be representing the Planning and Zoning Commission now that
Pia Jarman would be running for City Council?
Ernie Evans and Steve Simonson did not have any answer for Mr. Harris. Someone
would need to volunteer for the position. For the moment they did not know,
Ted Duigon:
Ted mentioned he did not have a problem with Mr. Ferguson's request for a second
curb cut but doesn't approval need to be given before construction begins. Driving by
the house at 412 Aero Mr. Duigon observed that construction is underway. Steve
Simonson stated that a permit would be issued by the city. If the request would be
approved then construction Gould begin and a permit issued. No construction should
begin without authorization. He will make sure this does not happen again.
Anita Clark:
Anita had no comments.
Ernie Evans:
Ernie asked that everyone should stop by in the lobby area and look at the model of the
expansion for the city offices.
Steve Simonson:
Steve commented on the construction in Tri-County Business Park area. There are four
new businesses underway and plans for three more are in progress. The FM 78 project
is moving right along and plans for construction are for the fall. The Lower Seguin
project we will not see until 1999.
Earl Hartzog:
Earl commented that Kathy Hill is an alternate member and not voting member unless a
regular member can not attend. Does the board have a problem with Kathy sitting with
the board if she is present observing?
Ted Duigon commented tha# he does not have a problem. If it were legal and she would
not vote as a member of the board.
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The board members were in agreement that they did not have a problem with Mr.
Wartzog's suggestion.
Earl asked Steve if there are plans fora "Target" for Schertz.
Steve responded that to his knowledge no but, these rumors of a "Target" and other
businesses coming into the Schertz' area is coming #rom different sources. No one has
come into the City with site plans or development plans and until someone does these
are just rumors.
Earl commented did the beard have the need for a Planning and Zoning representative.
After discussion the board members indicated that they would like a representative from
the Commission.
#7 ADJOURNMENT:
Chairman Hartzog adjourned the meeting at 7:15 p.m.
~~ ~~
Board of Adjustm nt Ch 'rman,
City of Schertz, Texas
ATTEST:
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