06-05-2000BOARD OF ADJUSTMENT MEETING
June 5, 2000
The Schertz Board of Adjustment convened in regular session on Monday, June 5, 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
Peggy Brown
James Harden
Joyce Briscoe, P&Z
CITY STAFF
Steve Simonson,
Asst. City Manager
Mary Ybarra,
Planning & Recording Secretary
MEMBERS ABSENT
#1 CALL TO ORDER
OTHERS PRESENT
Rita & Steve Marquart
4620 Flagstone
Linda Reno,
411 Curtiss
Nora & Shirley Nash,
416 Curtiss
Richard Martinez,
415 Curtiss
Due to the absence of Chairman Hartzog, Vice-Chairman Duigon called the meeting to
order at 6:30 p.m.
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#2 APPROVAL OF MINUTES: Public Hearing of Apri13, 2000.
At this time, Vice-Chairman Duigon asked if there were any corrections or additions to
the minutes of Apri13, 2000.
James Harden reported that on page nine, -second paragraph, first sentence correct "13"'
row" to "13~' road". Ted Duigon also reported other corrections: page four, the last
paragraph correct the spelling of "site" to "sight" and "cities" to "city's". Also, on page
five, first paragraph; delete the word "that" from the first sentence, in the third paragraph;
delete "that" and insert the word "was" after Benchmark Homes. Other corrections are on
page eight, the first paragraph; insert the word "the" after the word "before", and in the
last sentence correct the spelling of the word "happen" to "happened".
With no further corrections or additions, James Harris made a motion, which was
seconded by Kathy Hill to approve the minutes of Apri13, 2000 as corrected. With a vote
being called, the motion was approved
At 6:35 p.m., Chairman Hartzog arrived at said meeting and apologized for his tardiness.
At this time, Vice-Chairman Duigon turned the meeting over to Chairman Hartzog.
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 these
matters.
#3 Public Hearing: Request from Stephen & Rita Marquart, 4620 Flagstone
Drive for a special exception to the zoning ordinance to allow construction of storage
shed within the 15-foot rear utility easement.
Earl Hartzog asked for staff input.
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Steve Simonson stated that in accordance to the city ordinance twenty-one (21) letters
were sent out to property owners within a 200' radius of the property. Of the letters sent
out, nine (9) letters were received in favor and none were received opposed. Also, part of
the packet is a letter from the homeowners association and developer stating that they are
not opposed. Both utility providers have no problem with the shed placement.
Joyce Briscoe representative for the Planning & Zoning Commission stated that it was a
standard request and was sent to the Board of Adjustment with their recommendation of
approval.
Chairman Hartzog asked for citizen comments at this time and with none voiced closed
the public hearing.
At this time, Chairman Hartzog reiterated the public hearing procedures for everyone
present.
#4 Public Hearing: Request from Ricardo Martinez, 415-417 Curtiss for a
special exception to the zoning ordinance to allow remodeling of anon-conforming
duplex.
Earl Hartzog asked for staff input.
Steve Simonson stated that in accordance with city ordinance ten (10) letters were sent
out to property owners within 200' radius of the property. Of the letters sent out, one (1)
letter was received in favor and none were received opposed.
Steve Simonson stated that the request is anon-conforming duplex and when major
remodeling and modification is undertaken to anon-conforming building it needs to
come before the Board for consideration. To further clarify Steve stated the consideration
would be for the change, modification and remodeling. The duplex would continue to be
the same type ofnon-conforming use. Mr. Simonson stated the remodeling would change
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the entire bottom floor into one unit and the top portion into the second unit. It still would
be considered a duplex however because the duplex is in a R-2 -single family dwelling
area it must come before the Board for action.
Joyce Briscoe stated that the Planning and Zoning Commission recommended approval
on the request before the Board.
At this time, Chairman Hartzog asked for citizen comments.
Linda Reno, 411 Curtiss a next door neighbor stated that she has concerns of the structure
become athree-plex, and was assured it was a duplex with two kitchens. Mrs. Reno was
advised that athree-plea is illegal and it would be shut down. Linda Reno stated that at
this time she is against the request.
Mr. Nash 416 Curtiss stated he believes that somewhere along the construction the
structure will be turned into a tri-plex. Mr. Nash stated concern on crime possibilities and
believes that not all information has been provided. At this time, he is against the request.
Mr. Nash also stated concern in regard to the exterior staircase and was advised that the
staircase is requirement by fire law. Mr. Nash was advised that the duplex would have to
meet current building codes.
Mr. Martinez owner of the duplex stated that his mother lives on one side and his son on
the other side of the duplex. Due to his mother age their plan is to convert the bottom
floor into a single dwelling in order for he and his wife and family to care for his mother.
The bottom section would be converted into bedrooms needed for his family, etc. His son
and family would occupy the second floor, which would consist of a general open area,
bedroom, and efficiency kitchen. Trying to restrict the weight of the second floor. Mr.
Martinez also stated that at this time the plumbing, and other inside remodeling is
underway however he does not want any further expenses until the request is resolved.
Nora Nash 416 Curtiss stated that by Mr. Martinez statement he is indicating that three
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families would be occupying the duplex, mother, his family and his son's family. Mrs.
Nash believes this is the confusion.
At this time, James Harris stated that his mother lives in his home and he does not
consider his mother a "family".
Ted Duigon asked what is the definition between asingle-family unit in regard to a
duplex? Do the number of entrances, kitchens, or generations of families determine it?
Steve Simonson stated that a duplex is a separate unit that can exist on its own without
the other unit. The units have full aspects of a kitchen, living quarters, etc. The units are
self-contained.
With no further comment, Chairman Hartzog closed the public hearing.
#5 Public Hearing: Request from Doug & Denise Hayes, 1000 Crimson Cove,
Dove Meadows for a special exception to the zoning ordinance to encroach 7' into the
20' rear yard building setback for construction of a deck.
Earl Hartzog reiterated the public hearing procedures for those citizens present and at this
time asked for staff input.
Steve Simonson stated that in accordance with city ordinance (19) nineteen letters were
sent out to property owners within 200' radius of said property. Of the letters sent, three
were undeliverable and were returned. However, in researching these owners were
notified by telephone. So of the letters sent (19) one letter is in favor in whatever the
board decides, two of the telephone contacts have no problem, with a total of five (5)
letters in favor and none opposed.
Steve Simonson stated the homeowners have asked that him to represent them at said
meeting. They have been called out of town unexpectedly and could not be here.
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Joyce Briscoe stated that the Planning and Zoning Commission voted to forward to the
Board recommending approval.
At this time, Earl Hartzog asked for citizen comments, with none voiced the public
hearing was closed at 6:50 p.m.
#6 CONSIDER AND TAKE APPROPRIATE ACTION: Request on the above
from Stephen & Rita Marquart, 4620 Flagstone Drive.
Ted Duigon voiced some concern to fence height versus shed height. 'The homeowners
restrict the height of a fence to 6' and allow the construct of an 11' shed, obviously there
isn't a problem. Ted was advised that no, because Flagstone Stone backs up to an area
that would not cause a problem.
With no further discussion, Ted Duigon moved to approve the request from Stephen &
Rita Marquart, 4620 Flagstone Drive for a special exception to the zoning ordinance to
allow construction of storage shed within the 15-foot rear utility easement. Jim Harris
seconded the motion. With a vote being called, the motion was approved unanimously.
#7 CONSIDER AND TAKE APPROPRIATE ACTION: Request on the above
from Ricardo Martinez, 415-417 Curtiss.
Chairman Hartzog asked for comments or discussion at this time.
With none voiced, Peggy Brown moved to approve the request from Ricardo Martinez,
415-417 Curtiss for a special exception to the zoning ordinance to allow remodeling of a
non-conforming duplex. Kathy Hill seconded the motion.
At this time, Earl Hartzog questioned that how would city staff insure that the duplex
would not become a tri-plea, etc. Steve Simonson stated that plans that have been
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submitted to the city inspectors are for the construction and remodeling of a duplex. The
city inspectors are fully aware of the remodeling, and in the event that something
different begins to happen all that would have to be done would be to report it to the
inspection department and construction can be stopped immediately. Earl Hartzog had
some concern in respect to off street parking and was advised that there was no problem.
Peggy Brown commented that any time that a family tries to make arrangements to co-
exist together, I believe it is great and would like to commend the Martinez family.
At this time, a vote was called on the motion and the vote was as follows:
Ayes: Peggy Brown, Ted Duigon, James Harris and Kathy Hill.
Opposed: Earl Hartzog.
Motion approved.
#8 CONSIDER AND TAKE APPROPRIATE ACTION: Request on the above
from Doug & Denise Hayes, 1000 Crimson Cove
Chairman Hartzog asked for comments or discussion at this time.
With no further discussion, Kathy Hill moved to approve the request from Doug &
Denise Hayes, 1000 Crimson Cove, Dove Meadows for a special exception to the zoning
ordinance to encroach 7' into the 20' rear yard building setback for construction of a
deck. Peggy Brown seconded the motion. With a vote being called, the motion was
approved unanimously.
#9 GENERAL DISCUSSION:
Earl Hartzo~•
Earl thanked city staff for the information on watering restrictions and reminded
everyone of the restrictions.
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Ted Dui~on•
Ted had no comments.
Kathy Hill:
Kathy questioned the washing of cars during water restrictions (Stage 1), is it allowed?
Kathy was advised that car washing and, hand watering was allowed, however, things
will really get a bit sticky at Stage 3.
James Harden•
James had no comments.
Pe~~y Brown•
Peggy had no comments.
James Harris•
Jim questioned when was the city going to come up with a way for citizens to dispose of
toxic material? Jim was advised that the city has had spring clean up every year, for the
past seven years and was told that toxic material would be authorized during spring clean
up.
Joyce Briscoe•
Joyce had no comments.
Steve Simonson
Steve commented that Tri-County Business Park is still going strong, with big boxes
going up.
#7 ADJOURNMENT:
Chairman Hartzog adjourned the meeting at 7: 10 p.m.
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l~~
of Adjustment Chairm~fi,~City of Schertz, Texas
ATTEST:
Planning a tary, City of Schertz