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08-28-2000BOARD OF ADJUSTMENT MEETING August 28, 2000 The Schertz Board of Adjustment convened in regular session on Monday, August 28, 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, late arrival Joyce Briscoe, P & Z, officio James Harden, alternate Norman Slocum, alternate (''TTV CTAFF Leonard Truitt, Building Official Mary Ybarra, Planning & Recording Secretary MEMBERS ABSENT James Harris, (late arrival) Peggy Brown (work related) #1 CALL TO ORDER OTHERS PRESENT Susan Perry, 2632 Tree Crown Chairman Hartzog called the meeting to order at 6:30 p.m. and advised everyone that the Boards' alternate members would be voting this evening due to the absence of the Board's regular members. The alternates present this evening were James Harden and Norman Slocum. At this time, Chairman Hartzog asked that everyone wishing to speak that hadn't signed in to do so at this time. #2 APPROVAL OF MINUTES: Public Hearing of July 10, 2000. Chairman Hartzog asked for correction or additions to the minutes of July 10, 2000. 1 Ted Duigon stated that on the first page Mr. Blakeman's address has been left out, and on the same page third sentence first paragraph change the word "delete" to read "change". On page two, item #4 change "rezoning" to read "zoning". On page five, third paragraph change "rezoning" to read "zoning", and on page six in Earl Hartzog's comment change "re-appoint" to read "re-appointment". With no further corrections, Kathy Hill moved to approve the minutes of July 10, 2000 as corrected. Norman Slocum seconded the motion. With a vote being called, the motion was approved. #3 Public Hearing: Request from Susan Perry, 2632 Tree Crown, blk. 21, lot 40, Woodland Oaks Subdivision, Unit 6C for special exception to the zoning ordinance to allow the continuation of a 6 foot side yard fence part way into the front yard. Without further delay, Chairman Hartzog reminded everyone present that the purpose of a public hearing is to receive comments from all interested citizens. The Board of Adjustment will take all comments into consideration in making their decision. After the public hearing is closed there will be no other comments taken from the citizens on this matter. At this time, Earl Hartzog asked the city's building official, Leonard Truitt for staff input. Mr. Truitt explained that the request is for the extension of a 6' fence that would go beyond the front corner of the home. The fence is in violation of the 36" fence requirement at this point. Mr. Truitt added, that the request has been heard by the Planning and Zoning Commission and has been forwarded to the Board with their recommendation of approval. Leonard Truitt reported that in accordance with the city ordinance twenty-four (24) letters were sent out to property owners within a 200' radius of the property. Of the 2 letters sent out, eight (8) letters were received in favor and three (3) letters were received opposed. Joyce Briscoe stated she had no further information to offer, she had been on vacation at that time of the Planning and Zoning meeting. However, she understands that the Commission approved the request with the knowledge that the homeowners association had approved the request and also mentioned that the fence didn't interfere with the traffic line of sight. At this time, Chairman Hartzog asked anyone wanting to speak on this matter to please do so at this time. Susan Perry (homeowner) stated that she had spoken with many of her neighbors in the area and found no one had concerns or problem with issues such as traffic, stop sign visibility, etc. However, she was surprised to learn that three of her neighbors were opposed. Susan added that she hopes approval is given so she may finish construction allowing the area to be more presentable than what it's been the last couple of weeks. She believes it will be attractive, and would add to the continuity of the property. With no further discussion, Chairman Hartzog closed the public hearing. #4 Consider And Take Appropriate Action: Request on the above special exception to the Zoning Ordinance for Susan Perry, 2632 Tree Crown. Ted Duigon commented that he believes the responsibility lays with the contractor that was hired to build the fence. It is up to the contractor to furnish building plans to the inspection department for review, which obviously he failed to do. Permit is not required however plans need to be approved. Ted stated that he believes the homeowner is not at fault, even though Mrs. Perry has been apologetic. Ted Duigon stated that if the request were to be disapproved, his position on the matter 3 would be that even if the fence would be brought straight out along the front plane of the house rather than extending the fence to the right, he believes the concerns that have been mentioned in regard to blocked traffic, etc. these situations won't change if the fence were erected straight out. Earl Hartzog asked Mr. Duigon if he saw a problem with traffic visibility coming down the street? Mr. Duigon replied, no, and stated that the fence could continue along the side at 6' or go along the front at 3' and visibility would be the same. James Harden stated that he had driven out to the area and did not see a problem with traffic visibility. Leonard Truitt offered clarification in regard to permit requirement. A permit would be required, and added that if a contractor has been hired it would be up to the contractor to get the permit. Norman Slocum asked if the Board approves the request would the Board be establishing precedence for this particular fence location? Mr. Truitt stated that at this time he isn't sure. Norman Slocum asked how far along is construction in the area? Mr. Truitt stated that in this particular area construction is complete and that construction of the fence was an after the fact thought by the owner. Earl Hartzog asked Mr. Truitt if he thought visibility was a problem being that he had driven the area. Mr. Truitt replied he believes it does not appear to cause visibility problem or traffic violations, which would cause problems in the future. With no further discussion, Ted Duigon moved to approve the request from Susan Perry, 2632 Tree Crown, blk. 21, lot 40, Woodland Oaks Subdivision, Unit for special a exception to the zoning ordinance to allow the continuation of a 6 foot side yard fence 4 part way into the front yard. James Harden seconded the motion. With a vote being called, the motion was as follows: Ayes: Earl Hartzog, James Harden, Ted Duigon and Norman Slocum. Opposed: Kathy Hill Motion approved. #5 Consider And Make Recommendation: Reappointment of the following Board members; 1. James Harris 2. Kathy Hill 3. Peggy Brown 4. Norman Slocum, alternate Earl Hartzog stated that he had not had a chance to speak to James Harris, to ask if he was interested in seeking reappointment to continue on the Board. However, the Board will make its recommendation to City Council for the reappointment of the above Board members. Chairman Hartzog reported that Peggy Brown would be submitting her resignation because of school .commitments. However, she would like to continue as an alternate if the Board so desires. Chairman Hartzog also mentioned that Norman Slocum would like to continue as alternate. However, the Board has a vacancy because of Peggy Brown's resignation and asked Norman Slocum would he be interested in taking the full time position or would he like to continue as alternate? Mr. Slocum stated that his position is the same as last time. If the Board has a candidate that has not had the experience of being a Board member, he would like to defer that option to that person. If the Board doesn't then he would be willing to sit as a regular member. Mr. Slocum stated that he would like the Board to see him as a safety valve, and would like to see Mr. Harden step up to the Board. Chairman Hartzog asked James Harden if he would be interested in filling the vacancy 5 position. James Harden replied yes. With no further discussion, Ted Duigon moved to forward to the City Council, recommending approval, the re-appointment of the remaining members take and a change in a status for the alternate James Harden to become a regular member, Peggy Brown to alternate. Kathy Hill seconded the motion. With a vote being called, the motion was approved. #6 GENERAL DISCUSSION: James Harden• James asked Leonard Truitt who would be responsible for pulling permits; is it the responsibility of the homeowner's or the contractor? Leonard replied that if a contractor is hired, technically it's their responsibility, however it's the homeowner responsibility to ensure that their contractor is following procedure. James Harris• Apologized for being late and acknowledged he would like to continue as a Board member. Ted Dui~on• Ted had no comments. Norman Slocum• Norman stated that Mr. Simonson always gave the Board an excellent run down on what is happening throughout the city, I am sure that the pattern will continue once we get to your (Leonard Truitt) end of the table. Leonard Truitt replied that he is not fully prepared this evening however, he will report on some items. 6 Kathy Hill: Kathy had no comments. Joyce Briscoe• Joyce had no comments. Leonard Truitt• Leonard reported that Block Distributing, Tri-County area has submitted plans for their construction and added that it will be a 15 million dollar project. Earl Hartzo~• Earl stated that a meeting has been scheduled for Sept 11, 2000 at 6:30 pm. Once approval is given by City Council, Board members will need to be sworn in, and preferably before the next meeting. #7 ADJOURNMENT: With no further business, Chairman Hartzog adjourned the meeting at 7:05 p.m. ~ J~ Board of Adjustment Chairman; City of ~chertz, Texas A,JTT~EST: Planning Secretary, City of Schertz 7