01-10-2000BOARD OF ADJUSTMENT MEETING
January 10, 2000
The Schertz Board of Adjustment convened in regular session on Monday, January 10,
2000, at 6:00 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, Vice-Chairman
Kathy Hill
Jim Harris
Norman Slocum
Peggy Brown
Joyce Briscoe (late arrival)
CITY STAFF
Steve Simonson,
Asst. City Manager
Mary Ybarra,
Planning & Recording Secretary
MEMBERS ABSENT
#1 CALL TO ORDER
OTHERS PRESENT
Michael J. Eakman,
4608 Flagstone
Vicente Salazar
500 Winburn
Chairman Hartzog called the meeting to order at 6:00 p.m,
#2 APPROVAL OF MINUTES: Regular session of November 15, 1999.
Chairman Hartzog asked if there were any corrections or additions to the minutes of
November 15, 1999?
At this time, a motion was made by Ted Duigon, and seconded by Jim Harris to approve
the minutes of November 15, 1999 as written. With a vote being called, the motion was
approved.
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#3 PUBLIC HEARING: To receive citizen input on a request from Vicente
Salazar, 500 Winburn for a Special Exception to the Zoning Ordinance for a rear yard
setback variance from 20' to 3' for construction of a gazage/storage and covered carport.
(BOA #132-00)
Chairman Hartzog stated that the purpose of the public hearing is to receive comments
from 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.
Chairman Hartzog asked for staff input.
Steve Simonson advised the board of a typographical error to agenda item, that the
setback variance is 20'to 3', and asked that everyone make note of the change. Chairman
Hartzog inquired about the property owners' letter and legal notice published, was the
setback vaziance correct in the letter and publication? Steve Simonson advised the Board
that the typographical error only affects the agenda.
Steve Simonson stated that in accordance with the city ordinance 17 letters were sent out
to property owners within 200' radius of said property. Of the letters sent (4) four letters
were received in favor, three are part of the boazd's packet and one was received this
evening, there are none opposed.
Steve Simonson commented that the house has been undergoing construction for
sometime. This house at one time had a carport, and an open space between the house
and garage, which now has been constructed all together. Mr. Salazar has not added a
gazage, however with all the construction tied together it now becomes part of the house.
For this reason, the request is before the Boazd. Steve Simonson mentioned that the
property behind the house does not belong to any citizen, it is a 12' alley, which is a city
ROW.
Chairman Hartzog commented that a letter from the P & Z Commission recommending
their approval is part of the packet. At this time, he asked if there were any citizens
present who would like to speak on this item? With none voiced, Chairman Hartzog
closed the public heazing.
#4 PUBLIC BEARING: To receive citizen input on a request from Michael
& Anita Eakman, 4608 Flagstone for a Special Exception to the Zoning Ordinance for a
rear yard utility vaziance from 15' to 3' for placement of a storage shed. (BOA #133-00)
Chairman Hartzog stated that the purpose of the public hearing is to receive comments
from all interested citizens. The Boazd of Adjustment will take all comments into
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consideration in making their decision. After the public hearing is closed there will be no
other comments taken.
Steve Simonson stated that in accordance with the city ordinance 15 letters were sent out
to property owners within 200' radius of said property. Of the letters sent (6) six letters
were received in favor, five of which are part of the Board's packet, with one received
this evening, there aze none received opposed.
Steve Simonson stated that he would like to remind the board that there are no current
utilities in the back yard, all utilities aze in the front yazd. If and when there were utilities
placed in back yazd, they would be overhead lines, not underground lines. Steve added
that a copy of the CPS letter is in the boazd packet, stating they don't have a problem
with the request.
Earl Hartzog asked that if the utilities were placed overhead, would they not be overhead
of the yard? Mr. Simonson stated that the easement is in the yard, however no utilities
will be placed in ground to interfere with the request and concluded that CPS does not
have a problem with the placement of the shed underneath the power lines.
Chairman Hartzog commented that a letter from the P & Z Commission recommending
their approval is part of the packet. At this time, it was asked if there were any citizens
present who would like to speak on this item? With none voiced, Chairman Hartzog
closed the public heazing.
#5 CONSIDER AND TAKE APPROPRIATE ACTION: On the above Special
Exception request from Vicente Salazar, 500 Winburn. (BOA #132-99).
At this time, Chairman Hartzog asked for comments, discussion or a motion on the
request from Mr. Salazar.
A motion was made by Jim Harris, and seconded by Norman Slocum to approve the
request from Vicente Salazaz, 500 Winburn for a Special Exception to the Zoning
Ordinance for a reaz yard setback vaziance from 20' to 3' for construction of a
garage/storage and covered carport. With a vote being called, the motion was approved.
#6 CONSIDER AND TAKE APPROPRIATE ACTION: On the above Special
Exception request from Michael & Anita Eakman. (BOA #133-99).
At this time, Chairman Hartzog asked for comments, discussion or a motion on the
request from Mr. Eakman.
Ted Duigon stated that he had one question, are we to assume that the utility easement is
property that is owned by the Eakman's, and in reality the encroachment is within 3' of
their property boundary. Steve Simonson acknowledged that this is a correct assumption.
With no further discussion, a motion was made by Kathy Hill, and seconded by Jim
Harris to approve the request from Michael & Anita Ealeman, 4608 Flagstone for a
Special Exception to the Zoning Ordinance for a rear yard utility variance from 15' to 3'
for placement of a storage shed. With a vote being called, the motion was approved.
#7 Consider and Discuss: Board of Adjustment Applicants, James Harden and
George Boggess.
Ted Duigon commented that the first thing that needs to be done is to invite the
applicants to the Board's next scheduled meeting. At which time, the applicants would
be interviewed and a vote taken determining which applicant is to fill the vacancy
position.
At this time, the Board asked Peggy Brown if she would still like to continue as a
permanent member or would she like to step down to an alternate.
Discussion among the board and Peggy Brown, it was decided that Peggy would stay in
her present position on the Board. Peggy stated that her commitment with school has
changed and would not conflict with Monday, Board of Adjustment meetings. At this
time, Peggy apologized for her absence, and expressed an interest to continue as a
permanent Board member. However, it will be a problem with the meeting time of
6:OOpm and asked if the Board had a problem changing the time to 6:30pm? Chairman
Hartzog asked the Board members if anyone had a problem with the time change, and it
was agreed that in order to accommodate Peggy the time would be changed.
Chairman Hartzog stated that he would like Peggy to stay on the Board because in his
opinion Peggy is the only one person that represents the downtown area. The rest of the
Board members are out in the outlying areas. The Board members were in agreement to
keep Peggy on as a permanent board member, and asked that the applicant (s) be placed
on the next scheduled meeting starting the process of filling the vacancy.
#S GENERAL DISCUSSION:
Norman Slocum•
Norman commented he has enjoyed attending the meetings and acting as an alternate on
the Board. This has allowed him to receive feed back from the planning staff in regard to
what is happening around the City. He encourages new blood and would step aside if and
when someone (citizen) was interested in becoming a board member.
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Norman stated that he is to stay as an alternate, Peggy Brown is to continue in her present
position as permanent board member, and the established time of the meeting is 6:30pm.
The board members concurred with Norman's statement.
Jim Harris•
Jim had no comments.
Ted Duigon:
Ted had no comments.
Kathv Hill:
Kaxhy had no comments.
PesQV Brown•
Peggy stated that she wanted to again apologize to the board for their patience. Peggy
mentioned that she is looking for another job, so if anyone knows of any job openings
please pass the information on. The company she is employed with has merged and de-
merged, etc. and has sent the accounting department to Houston, and she is not going to
Houston.
Earl Hartzo~•
Earl stated that Steve is keeping the board up to date in what is coming into the City and
asked Steve to continue keeping the board informed. A new "Sonic" on Corridor Loop
Road is new information.
Steve Simonson•
Steve mentioned that there has been some talk about "San Francisco Steak House"
restaurant. The restaurant company has met with Bob Bomer's (car dealership) personnel,
however no definite plans as of yet. Steve also mentioned that Barshop is in contact with
the "Cowes" Company. Also, information has been received by the City about a firm that
is interested in a "Mini Sport Complex" (inline skate and ice skating rink). Steve
reported that the FM 78 construction is underway and if any one has any questions please
contact him. This construction is going to be a sticky issue in regard to traffic. He has
been in contact with the RAFB safety council, their security, City of Schertz law
enforcement personnel in efforts to coordinate traffic to RAFB.
Steve reported that the official start date for FM78 is January 17th and will take
approximately 18 months to complete. We are looking at the year 2002 for completion.
#6 ADJOURNMENT:
Chairman Hartzog adjourned the meeting at 6:40 p.m.
Board of Adjustment Chairman, ity of Schertz, Texas
T:
Planning ec tary, City of Schertz