Loading...
10-02-2000BOARD OF ADJUSTMENT MEETING October 2, 2000 The Schertz Board of Adjustment convened in regular session on Monday, October 2, 2000 at 6:30 p.m. in the Municipal Complex Council Chambers, 1400 Schertz Parkway, Schertz, Texas. Those present were as follows: BOARD OF ADJUSTMENT Earl Hartzog, Chairman Ted Duigon Kathy Hill James Harris James Harden CITY STAFF Leonard Truitt, Building Official Mary Ybarra, Planning & Recording Secretary MEMBERS ABSENT Joyce Briscoe, P & Z, officio #1 CALL TO ORDER OTHERS PRESENT Ton Chapman, Benchmark Homes Chairman Hartzog called the meeting to order at 6:30 p.m. #2 APPROVAL OF MINUTES: Minutes of August 28, 2000. The minutes of September 11, 2000 were not published. Chairman Hartzog explained that the minutes of September 11, 2000 were not published, however, if there are any corrections or additions to the minutes of August 28, 2000 please do so at this time. Ted Duigon reported that on page two, fifth paragraph, the word "forwazd" should be past tense "forwazded". On page three, first pazagraph, change the wording to read "....vacation at the time of the Planning and Zoning meeting"; third paragraph, fifth sentence misspelling of the word "then" to "than"; sixth paragraph, second line change the word "built" to "build"; page four, first pazagraph, last line delete the word "would"; fifth pazagraph, last line change the word "pull" to "get"; also when speaking about the Board of Adjustment, capitalize the word when referring to the "Board" through the minutes; on page five, second to the last paragraph, last sentence, change to read "......board to see him as a safety valve....." ; on the last page, first pazagraph to read "......Ted Duigon moved to forwazd to the City Council, recommending approval, the re-appointment of the remaining members and a change in a status for the alternate........."; second paragraph insert asemi-colon after the word "permits"; in the third line change "homeowner" to "homeowner's"; on page seven, second sentence place a coma after the word "City Council,.....". James Harden reported that on page three, third pazagraph, second line, change to read "...no one had any concerns..." With no further corrections or additions, Ted Duigon moved to approve the minutes of August 28, 2000 as amended. Kathy Hill seconded the motion. With a vote being called, the vote was as follows: Ayes: Eazl Hartzog, Kathy Hill, James Harden, and Ted Duigon. Abstention: James Harris. #3 Public Hearing: Request from Benchmazk Homes, 4316 Golden Oak, Oak Trail Subdivision for a special exception to the zoning ordinance for a side yazd setback from 7'6" to 7'0" on the left side yard setback of the home and from 7'6" to 7' 1" on the right side yazd setback for construction of a home. Without further delay, Chairman Hartzog reminded everyone present that the purpose of the public heazing is to receive comments from all interested citizens. The Boazd of 2 Adjustment will take all comments into consideration in making their decision. After the public heazing is closed there will be no other comments taken from the citizens on this matter. At this time, Eazl Haztzog asked the City's building official, Leonard Truitt, for staff input. Mr. Truitt explained that the request comes from Benchmark Homes on behalf of the homebuyer. The homebuyer has requested to enlarge the master bedroom an additional foot to provide Nandi-cap requirements for future need. Mr. Truitt reported that in accordance with city ordinance 14 letters were sent out to property owners within a 200' foot radius. Of the letters sent out, 2 letters were received in favor and none were received opposed to the request. Tom Chapman representing Benchmazk Homes was available to answer questions; however none were voiced. At this time, Chairman Hartzog closed the public hearing. #4 Consider And Take Appropriate Action: Request on the above special exception to the Zoning Ordinance for Benchmazk Homes, 4316 Golden Oak. Ted Duigon commented that he had gone out to the site and has no problem with the request. The request is asking for a variance of a foot, however, this particular house without the exception to the ordinance would still go right up to the side yazds in both cases. Ted Duigon added that if the neighbors on either side of the home didn't voice any concern, and the property owner that fronts the request didn't voice any concern one way or the other, lie certainly d_oesn't have a problem with the request submitted. With no further discussion,.. Ted Duigon moved to approve the request from Benchmark 3 Homes, 4316 Golden Oak, Oak Trail Subdivision for a special exception to the zoning ordinance for a side Yazd setback from 7'6" to 7'0" on the left side yard setback of the home and from 7'6" to 7'1" on the right side yard setback for construction of a home. James Hazden seconded the motion. With a vote being called, the motion was approved. #5 GENERAL DISCUSSION: James Harden• James asked Leonazd Truitt if he could provide any information on the Forest Ridge drainage ditch project along FM3009. James stated that he talked with the builder and would like to get both sides of the stories in regard to the project. It's his understanding that the project would take drainage underground across IH 35. Leonard Truitt commented that he isn't quite sure however, he believes the project started at the caz wash, where some drainage problems were found, which they aze trying to correct. Leonazd stated he isn't 100% clear on what is going on because drainage falls under Streets and Parks Department, however will look into it and will provide some feedback. James asked what aze the requirements for fence placement between properties. Forest Ridge has a wooden fence set about a foot and half from their property line and they aze under the impression that the fence has to be moved back. Is this city required? Leonard Truitt stated that doesn't matter where the fence is placed within the property or inside the property. If the fence is placed on the property line, then it becomes a common fence between property owners. James Harris• James had no comments. Ted Duigon: Ted questioned who would be responsible for fence repair, (i.e. fence dividing properties between homes)? If the fence were in need of repair would it be the sole responsibility of the property owner whose fence was in need of repair? Leonazd Truitt advised that if the 4 fence were on the property line the neighbor should be contacted of the repairs. If the neighbor refuses to shaze expenses, it becomes a personal dispute. Leonazd commented that what is happening more and more is that fences are being placed anywhere from 6" into the property line, to claim ownership. However, fences that are placed on top of each other leave a grassy azea between them, which at times causing dispute in regard to who is responsible for the grassy area. Kathy Hill: Kathy mentioned that she had received the invitation to the Business Appreciation Dinner and was curious had everyone else received an invitation. Business Appreciation Dinner is scheduled for October 24, 2000. Leonard Truitt: Leonard reported that the FM78 project is on schedule, looking for completion around the yeaz 2002. The use of the bridge at FM78 and FM 1518 is scheduled for November of this yeaz. Leonazd also reported on two projects in the Tri-County Business area, Embrey and the Block Developments. #6 ADJOURNMENT: With no further business, Chairman Hartzog adjourned the meeting at 6:55 p.m. Boazd of Adjustment C City of Schertz, Texas ATTEST: P g Se et ,City of Schertz