06-08-1998BOARD OF ADJUSTMENT MEETING
June 8, 1998
The Schertz Board of Adjustment convened in regular session on Monday, June 8,
1998 at 6:30 p.m. in the Municipal Complex Council Chambers, 1400 Schertz Parkway,
Schertz, Texas. Those 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,
Kathy Hill Planning Secretary
Members Absent Others Present
Peggy Brown Allen Barton,
Jim Harris 4612 Flagstone Dr.
Cindy Hiebert,
521 Exchange Ave.
Jay Pearcy,
524 Exchange Ave.
#1 Call to Order:
Chairman Hartzog called the meeting to order at 6:30 p. m. but turned the meeting over
to Vice-Chairman Ted Duigon. Chairman Hartzog informed the Board that he had
sustained a fall and had broken his jaw and is unable to speak clearly.
#2 Approval of Minutes: Regular sessions of January 26, 1998 and May 4,
1998.
Ted Duigon explained that the corrections to the January 26, 1998 meeting have not
been approved due to not having a quorum. The members at said meeting are not
present. Norman Slocum was a principal member, until the appointment of Peggy
Brown. Norman Slocum is an alternate member and is not present at scheduled
meetings unless one of the regular members can not attend. Ted Duigon stated that
two of the members are present and not to further delay the approval of these minutes
suggests that these members vote to approve the minutes of January 26, 1998. With no
corrections or additions to the minutes Vice-Chairman Duigon called for a motion.
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Earl Hartzog moved to approve the minutes of January 26, 1998. Anita Clark seconded
the motion that carried as follows:
Ayes: Earl Hartzog and Anita Clark
Motion carried.
Ted Duigon asked for corrections or additions to the minutes of May 4, 1998.
Kathy Hill stated that on page one to correct the spelling of "Katy" to "Kathy".
Earl Hartzog stated that on page 6 first paragraph add " of the new County Offices" after
"power poles" to the statement.
Ted Duigon stated that on page 3 public hearing item #5 correct, "consideration" to read
"construction".
With no further corrections or additions, Anita Clark moved to approve the minutes as
corrected. Kathy Hill seconded the motion that carried unanimously.
#3 Public Hearing: To receive citizen input on a request from Allen H. Barton,
4612 Flagstone Drive, for a Special Exception to the Zoning Ordinance for a side yard
setback from (5' to 3') and rear yard setback from (15' to 5') to place a wooden shed.
(BOA #106-98}.
Ted Duigon opened the public hearing at 6:35 p.m.
Ted Duigon 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.
Steve Simonson stated that in accordance with City ordinance three (3) letters were
sent out to property owners within 200' radius of said property. Of the three (3) letters,
two (2} letters were received in favor. Steve Simonson stated that Mr. Allen has a copy
of a fax from CPS stating there is no problem with the easement encroachment and will
make available to the Board members.
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Allen Barton stated that he would provide City staff with a copy of the Consent and
Indemnity Agreement from CPS as soon as he and his wife sign the form. Mr. Allen
thanked the board for their consideration on his request.
With no further questions or comments voiced, Vice-Chairman Duigon closed the Public
Hearing.
#4 Public Hearing: To receive citizen input on a request from Performance
Products, Inc. 524 Exchange for Special Exception to the Zoning Ordinance to add an
additional 20.9' driveway curb cut. (BOA #107-98)
Ted Duigon 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.
Steve Simonson stated that in accordance with City Ordinance 13 letters were sent out
to property owners within 200' radius of said property. Of the letters sent three (3) letters
were received back in favor, one (1 }letter opposed and one (1) letter undeliverable.
Cindy Hiebert, 521 Exchange stated she and her husband are opposed to any further
changes to their block of Exchange Ave. Mrs. Hiebert pointed out that any comments by
the way of example are in no way construed as criticism, but only an effort to express
their current situation. Currently, Cindy informed the board that there are three business
outlets that directly affect the front of their property, Metro Ambulance, Schertz Bank
with a side drive and the business at 524 Exchange, with a potential fourth.
Surveying residential areas in Schertz, Cindy found that most residences had only one
residential drive directly across their property. At the present time, Cindy stated there
are three business drives that exit the length of their front yard, she feels they have
been imposed enough.
Cindy Hiebert stated that her main concern is traffic. The constant flow of traffic makes it
difficult to enter or leave their driveway. The street is not designed to handle the high
amounts of traffic already traveling this street. There has been an increase of noise as
well since Metro Ambulance moved in, during the early morning hours. This is a 24-hour
a day, 7-day a week operation, and she feels they have suffered much disruption from
this business utilization of Exchange Avenue.
In conclusion, Cindy stated that their property is the only residence that will be affected
if the variance is granted. However, she believes that they have endured more than
most citizens of Schertz with the current congestion of Exchange Avenue and implores
the Board to consider the needs of the residential occupants of the 500 block of
Exchange Avenue in their final determination.
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Jay Pearcy, 524 Exchange stated that he has tried to satisfy the needs of everyone
concerned. There was an apartment complex at one time but now the area has been
converted to office spaces for lease. We are working closely with the water department,
in regard to the water meter on the property. The plan is for a planter in the center part
of the parking area; this will give more access in trying to get the vehicles off of the
street, as opposed to parking on the street. The additional curb cut would enable traffic
to drive out of the parking lot as opposed to backing out into traffic.
Mr. Pearcy added that his property is to the east of the property owned by Cindy Heibert
and her husband. Mr. Pearcy feels that the curb cut would enhance the area by taking
traffic off the street and secondly have better access to Exchange Ave.
With no further questions or comments voiced, Chairman Duigon closed the Public
Hearing.
#5 Consider And Take Appropriate Action: Consider and take action on the
above Special Exception request from Allen H. Barton. (BOA 106-98)
Ted Duigon asked what is the zoning of the property behind Mr. Barton property. Steve
Simonson replied that it is zoned "GB" General Business. Steve added that there is an
overhead power line across Mr. Barton property and that CPS has no problem with the
request.
Kathy Hill moved to approve the request from Allen H. Barton, 4612 Flagstone Drive, for
a Special Exception to the Zoning Ordinance for a side yard setback from (5' to 3') and
rear yard setback from (15' to 5') to place a wooden shed. Anita Clark seconded the
motion that carried unanimously.
#6 Consider and Take Appropriate Action: Consider and take action on the
above Special Exception request from Performance Products, Inc. (BOA #107-98)
Anita Clark asked that how much of Exchange Ave. is zoned "GB"? Steve Simonson
replied that only the side where the businesses of Schertz Bank and Performance
Products are zoned "GB" the other side is zoned "residential". The whole block from
Randolph Ave. to Lindbergh Ave. is zoned "GB".
Ted Duigon asked if the part north of the building which is between the business and
Exchange Ave, which is the northwest corner, if the curb is not added, how would the
traffic exit in or out from that part of the parking lot? Mr. Pearcy stated that it would be
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almost impossible because there is not enough room, but with the proposed curb cut
there would be room for cars to drive in and have room to turn around in order to exit
the parking lot. The plans are to have five parking spaces to each business.
Ted Duigon asked if the businesses in the complex have customers coming and going.
Mr. Pearcy stated no, it is basically for employees and eventually employees of the
office spaces that will be rented. This is the only office complex in the City of Schertz.
Earl Hartzog moved to deny the request from Performance Products, Inc. 524
Exchange for Special Exception to the Zoning Ordinance to add an additional 20.9'
driveway curb cut. Kathy Hill seconded the motion, which was as follows:
Ayes: Anita Clark, Earl Hartzog, and Kathy Hill
Opposed: Ted Duigon.
Motion failed.
Steve Simonson stated that the rules on the voting procedures require four votes of the
voting Board members to disapprove or approve a request. In this case the vote is three
to one, so no action is taken. Ted Duigon stated that under the circumstances and the
vote the request from Performance Products is either denied or approved.
Steve Simonson stated that he would research the ruling and inform Mr. Pearcy, but
until the ruling is changed from a four (4) vote to a 75% vote no action is taken on the
request.
Chairman Duigon stated for the record that due to a not having four votes from the
Board members on the request the motion is neither approved nor disapproved. The
City Council will have to change the voting procedure or the board will need to have all
the voting members present so action can be made on the request.
Earl Hartzog stated for the record that two citizens are opposed to the request and
another concern is a site problem and it is possible for traffic to back out of the property.
#7 General Discussion:
Steve Simonson:
Steve commented on all the construction in the Tri-County Business & Industrial Park
area. Planning and Zoning just heard a request fora 20 plus acre facility in the Tri-
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County Business area that will be one building. Steve added that he can not discuss
any of the particulars, but it will be a very large building.
Ted Duigon:
Ted commented on a traffic accident at the intersection of IH 35 and FM 3009. Like he
mentioned before with all the development in the area traffic is a major problem. Ted
suggests that a concrete barrier be placed down the center of FM 3009 would alleviate
the problem. Something really needs to be done with traffic.
Ted mentioned the expiration dates of the Board members coming up for
reappointment. There are four members that will need to be re-appointed if they wish to
continue serving on the Board. We need to make it an agenda item to discuss the re-
appointment of the Board members
Ted welcomed Joyce Briscoe as the new Planning and Zoning representative.
Ted also thanked SAFES, the Police Department for volunteering for the AT Children
Fund-Raising Project in New Braunfels this weekend.
Anita Clark:
Anita reminded everyone that the fourth of July is right around the corner
Kathy Hill:
Kathy mentioned that her work phone number is incorrect on the list of Board members.
The correct number is 652-8225
#10 ADJOURNMENT:
Vice-Chairman Duigon adjourned the meeting at 7: 20
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of Adjustfnerit Ch~iirFiy~n, City of Schertz, Texas
ATTEST:
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