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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. 2 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. 3 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: 4 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. 5 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: 6