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05-04-1998BOARD OF ADJUSTMENT MEETING May 4, 1998 The Schertz Board of Adjustment convened in regular session on Monday, May 4, 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 Jim Harris Planning Secretary Peggy Brown MEMBERS ABSENT OTHERS PRESENT Kathy Hill, BOA Alternate Kenneth Pollard, 4604 Silverton James Gathright, 1001 Grey Feather Stephen Andrews, 1220 Dove Meadows Ty Cresp, 1000 Grey Feather #1 CALL TO ORDER Chairman Hartzog called the meeting to order at 6:30 p.m. #2 APPROVAL OF MINUTES: Regular sessions of January 26, 1998 and April 6, 1998. Approval of the January 26, 1998 could not be made due to not having a quorum of the members present of said meeting. The approval of the minutes was postponed. Chairman Hartzog asked for any corrections to the minutes of April 6, 1998. 1. Jim Harris moved to approve the minutes of April 6, 1998 as written. Anita Clark seconded the motion that carried unanimously. #3 Public Hearing: To receive citizen input on a request from James M. Gathright, 1001 Grey Feather, (comer lot), Dove Meadows Unit 1, for a Special Exception to the Zoning Qrdinance for an additional curb cut off of Dove Meadows to have access to a detached garage. (BOA #103-98). Chairman Hartzog opened the public hearing at 6:35 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 ali 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 30 letters were sent out to property owners within 200' radius of said property. Of the eight letters received back five (5) letters were received in favor, three (3) letters were opposed. There were 3 letters that were returned because the property owner had moved. Copies of the letters are in the packets for review. Earl Hartzog asked if it's a requirement that driveways be paved at curb cuts. Steve Simonson stated there is no requirement. In a commercial area the driveway would have to conform to the ~un'ounding curb cuts. Earl Hartzog informed the members that a representative for P & Z Commission is not present, however there is a letter from the Commission recommending approval. James Gathright gave a brief description of his plans and informed the members that the curb cut would allow access to his garage. Mr. Gathright stated that the curb cut and fence would not hinder visibility, he also stated that the fire hydrant was within the required distance. Mr. Gathright stated that the driveway would be 16' wide and concrete. Steve Andreas, 1220 Dove Meadows stated that he lives directly across from the proposed driveway and is in favor of the proposed curb cut. TY Cresap, 1000 Greg Feather stated that he also is in favor of the proposed curb cut and has n4 problem with it: Wth no further questions or comments voiced, Chairman Hartzog closed the Public Hearing. 2 #4 Public Hearing: To receive citizen input on a request from Kenneth D. Floyd, Oak Forest Subdivision, Block 7, lot 3R on Circle Oak in the Garden Home area for Special Exception to the Zoning Ordinance to build on "On !ot line next to lot 2R. (BQA #104-98) 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 there will be no other comments taken. Steve Simonson stated that in accordance with City Qrdinance 15 letters were sent out to property owners within 200' radius of said property. Of the letters sent five (5) letters were received back in favor, none were apposed. Steve added that a fetter from G.V.E.C stating there is no problem using the easement is part of your packet. Steve Simonson stated that there are no other problems with any of tlae easements. Mr. Floyd stated he would like the Board to allow his request. With no further questions or comments voiced, Chairman Hartzog closed the Public Hearing. #5 Public Hearing: To receive citizen input on a request from Kenneth Pollard, 4604 Silverton, Forest Ridge Subdivision for Special Exception to the Zoning Ordinance to encroach 7' into the 20' rear yard setback for construction of a deck. :~ 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. Steve Simonson stated that in accordance with City Ordinance 3 letters were sent out to property owners within 200' radius of said property. Of the letters sent none were received back. Steve Simonson stated that there are no utilities in the back yard. The only thing is the setback requirement of 20'. Kenneth Pollard briefly discussed his plan for the deck and passed out computer printouts of the proposed deck and photographs of the proposed deck showing the construction of the steps planned. 3 Wth no further questions or comments voiced; Chairman Hartzog closed the public hearing at 6.45 p.m. #6 Consider and Take Appropriate Action: Consider and take appropriate action on the above Special Exception request from James M. Gathright. (BOA #103-98) Ted Duigon stated that in his opinion the proposed driveway would be an advantage, opposed to a disadvantage. Mr. Duigon commented that it would allow backing out of the driveway less hazardous. Ted Duigon moved to approve the request from James M: Gathright, 1001 Grey Feather, (corner lot), Dove Meadows Unit 1, for a Special Exception to the Zoning Ordinance for an additional curb cut off of Dove Meadows to have access to a detached garage. Jim Harris seconded the motion that carried unanimously. #7 Consider and Take Appropriate Action: Consider and take action on the above Special Exception request form Kenneth D. Floyd. (BOA #104-98) Peggy Brown moved to approve the request from Kenneth D. Floyd, Oak Forest Subdivision, Block 7, lot 3R on Circle Oak in the Garden Home area for Special '~--- ~. Exception to the Zoning Ordinance to build on "0" lot line next to lot 2R. Jim Harrts~. £ seconded the motion that carried unanimously. ,,;~.~-~ .. ~,;, _ ~- ;f, ^~ #8 Consider and Take Appropriate Action: Consider and take action on the above Special Exception request form Kenneth Pollard. (BOA:,#~105-98) -~-.~ Jim Harris moved to approve the request from Kenneth Pollard, 4604 Silverton, Forest Ridge Subdivision for Special Exception to the Zoning Ordinance to encroach 7' into the 20' rear yard setback for consideration of a deck. Anita Clark seconded the motion that carried unanimously. 4 #9 General Discussion: Earl Hartzog recognized Councilman Joe Potempa in the audience, he asked if he had any words of wisdom for the board members. Councilman Potempa stated he was waiting for his meeting to start across the hall in the Conference Room. Kathy Hill: Kathy had no comments. Peggy Brown: Peggy had no comments. Steve Simonson: ~ ' Steve reported.on the construction in Tri-County Business Park, in the next to 30-45 days you-will -see a lot more. There will be more jobs for our citizens. This area is finally taking'off. Steve added that he has been in contact with the Census Bureau office in Dallas, Mr. " Castillo wilt be working closer with the City Manager and himself to get a more accurate count of-the cities involved. ~.,'. Jim Hams: ~~ Jim stated that his problem with 911 has been straightened out. He also added that ~~~name of Trainer Hale Rd. has changed to Lisa Meadows. Anita Clark: Anita reminded everyone that the fourth of July is right around the corner and volunteers are need. Open house of the Guadalupe Appraisal Offices is at 5:15 today please try to attend. The facility will provide court, tax office, probation office and vehicle registration. Ted Duigon: Ted commented on the traffic at the intersection of FM 3009 and IH 35. With new development coming into the City the traffic is a problem at this intersection. 5 Earl Hartzog: Earl commented on the G.V.E.C. power poles of the new County Offices, he assumed that the poles were to go underground. Steve Simonson stated that is not mandatory. Earl asked that the termination dates of the board member be reviewed, is anyone coming up for reappointment. #10 ADJOURNMENT: Chairman Hartzog adjourned the meeting at 7:15 p.m. Board of Adjus ment airma , City of Schertz, Texas ATTEST: 6