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04-03-2000BOARD OF ADJUSTMENT MEETING April 3, 2000 The Schertz Board of Adjustment convened in regular session on Monday, April 3, 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 CITY STAFF Steve Simonson, Asst. City Manager Mary Ybarra, Planning & Recording Secretary MEMBERS ABSENT Joyce Briscoe #1 CALL TO ORDER OTHERS PRESENT Larry & Liz Mooney, 2459 Cove Crest Danny Tackett, Highland Homes Tom Chapman, Benchmark Homes Rudy & Debra Rodriguez 4316 Willow Oak Thaddeous & Beverly Kelly 4324 Willow Oak Chairman Hartzog called the meeting to order at 6:30 p.m. and at this time welcomed and thanked James Harden for his attendance. James will be observing this evening and will be anon-voting participant. 1 #2 APPROVAL OF MINUTES: Regular session of March 13, 2000. At this time, Chairman Hartzog asked if there were any corrections or additions to the minutes of March 13, 2000. James Harden reported that there are several corrections throughout the minutes where his name was incorrectly spelled. The letter " i "was used instead of the letter "e." Ted Duigon reported that on page two, -second paragraph referring the dates, the sentence should end with a "period" and not a question mark. On page three on the second to the last paragraph correct the spelling of "Reymann" to "Rebmann". On page four, third paragraph referring to the statement made by Mr. Slocum, insert an "a" in front of the word "type". On page five, last paragraph correct "broad" with "board". With no further corrections or additions, a motion was made by Kathy Hill and seconded by James Harden to approve the minutes of March 13, 2000 as corrected. With a vote being called, the vote was as follows: Ayes: Earl Hartzog, Kathy Hill and James Harden. Abstained: James Harris, Peggy Brown and Ted Duigon Motion approved. 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. #3 Public Hearing: Request from Larry & Elizabeth Mooney, 2459 Cove Crest Woodland Oaks Subdivision Unit 6B for a special exception to the zoning ordinance to encroach six (6) feet into the rear yard setback (20' to 14'). 2 Earl Hartzog asked for staff input. Steve Simonson stated that the purpose for the request is for the owner to build a deck, which will not involve any utility easements. Steve also stated that in accordance with the city ordinance fourteen (14) letters were sent out to property owners within a 200' radius of said property. Of the letters sent five (5) letters were received in favor, none were received opposed. Earl commented that part of the packet is a letter from the Planning & Zoning Commission recommending approval. At this time, Earl Hartzog asked that if anyone were present who would be representing this agenda item. Mr. Mooney acknowledged he was present, if anyone had any questions. With no citizen comments or concerns, Chairman Hartzog closed the public hearing. #4 Public Hearing: Request from Highland Homes, 499 Cedar Bridge, Woodbridge Subdivision Unit 1, for a special exception to the zoning ordinance to encroach 5 feet into the 50-foot building setback on Schertz Parkway. Steve Simonson stated that in accordance with city ordinance one (1) letter was sent out and because no one else is living out in this area the letter was sent to the developer. Steve Simonson stated that the request is for a house that has been selected by the homeowner to go on this lot which in this case the house will encroach into the 50' building setback. Ted Duigon asked that would the house be atwo-story house and was advised yes. 3 Earl Hartzog reported that a letter from the Planning and Zoning Commission recommending approval is part of the packet. Steve Simonson commented that the encroachment would be into the 50' building setback, this is not your normal 20' building setback. This is a rear building setback. Ted Duigon asked that if the 50' building setback was from the stone wall or from what other point? Steve Simonson stated that the 50' distance is from the property line, which 10' of this distance is on the other side of the stone wall. The house is actually 40' from the stone wall. With no further comment, Chairman Hartzog closed the public hearing. #5 Public Hearing: Request from Benchmark Homes, 4324 Willow Oak, blk. 2, lot 18, Oak Trail Unit 1 for a special exception to the zoning ordinance for a rear yard setback from 20' to 14'. Steve Simonson stated that in accordance with city ordinance (6) six letters were sent out to property owners within 200' radius of said property. Of the letters sent, one (1) letter was returned in favor. None were received opposed. The property (farm, not zoned residential use) that is directly behind this property is undeveloped at this time. Steve stated that the home is completed and that it was missed at the time of inspection. Neither the inspection department nor the developer caught the mistake in the process procedure. Steve added that at the time of final inspection, the inspector realized that one corner of the house-encroached 6 feet into the area. Ted Duigon asked that on the plans submitted to the inspection department for the house, did it show less than 20' and was advised yes. Steve Simonson stated that from a staff point of view, we have no excuse, it was an over sight on the cities part. 4 James Harris asked if anything can be done, so this sort of thing doesn't happen in the future? Can the City advise the builders that the City of Schertz does not follow San Antonio ordinance? Steve Simonson replied that the inspection department constantly tells builders that the City of Schertz does not follow San Antonio rules. The city inspectors make this very clear to all builders out in the field. With one person in the inspection department processing 500 plans a year not counting commercial this one was missed. There is nothing more that can be said, Steve Simonson commented. Peggy Brown asked that if Benchmark Homes was new to the Schertz' area and was advised yes. James Harris stated that if this happens again, Benchmark Homes would find it difficult getting anything passed or approved. On this particular matter, there is not much we can do, "this is almost like a rubber stamp, the city can't say tear the house down". Steve Simonson replied that he understands the board's feelings, however at this time all that he can do is apologize from a staff point of view. Mr. Scully occupant of the home, voiced concern for future plans as to adding a deck, etc., would this effect the possibility? Earl Hartzog stated that if such structures were planned in the area it would require authorization from the board. The request would have to come before the board and there is no way of knowing if approval would be granted. Ted Duigon stated that history shows that request for variances of decks, (uncovered or covered) etc., that are found to encroach have been approved if the adjoining property owner doesn't have a significant problem. However, there are no guarantees. 5 Peggy Brown commented that she missed hearing how many property owners were sent letters, because the only letter in her packet is from Benchmark Homes. Steve Simonson replied that six letters had gone out to other property owners, however there were no other responses. At this time, Mrs. Rodriguez, property owner and neighbor acknowledged receiving her letter, and added that she was in favor of the variance request. At this time, Tom Chapman representing Benchmark Homes stated that he would like to apologize. It was not the intent, nor to get to this point, and yes, Benchmark Homes made an assumption that the City of Schertz handled this type of situation like the City of San Antonio did. Benchmark Homes is a new builder to the area, however, that's no excuse. Mr. Chapman explained that the lot is a very irregular shaped lot located at a cul-de-sac, and yes, the right corner of the house encroaches into the setback line. Benchmark Homes by no means are trying to get around the requirements, rules or procedures established by the City of Schertz. Mr. Chapman stated that Benchmark Homes, since becoming aware of this situation has been working with city staff and the inspection department, and have been cooperative in every way possible. Benchmark Homes will certainly bring forward any other similar situation to the City's attention, and it was not the intent to get anything pass the city and further more, Benchmark Homes promises it won't happen again, stated Mr. Chapman. In brief discussion, there was some concern of future residential development in the area, and it was explained that the property behind the lot is farmland and homes are not planned at this time. It was further explained that it would be difficult for anyone to develop because of accessibility to the area. With no further discussion, Earl Hartzog closed the public hearing. 6 #6 CONSIDER AND TAKE APPROPRIATE ACTION: Request on the above from Larry & Elizabeth Mooney, 2459 Cove Crest Woodland Oaks Subdivision Unit 6B. Chairman Hartzog asked for comments or discussion. With none voiced, Jim Harris moved to approve the request from Larry & Elizabeth Mooney, 2459 Cove Crest Woodland Oaks Subdivision Unit 6B for a special exception to the zoning ordinance to encroach six (6) feet into the rear yard setback (20' to 14'). Ted Duigon seconded the motion. With a vote being called, the motion was approved. #7 CONSIDER AND TAKE APPROPRIATE ACTION: Request on the above from Highland Homes, 499 Cedar Bridge, Woodbridge Subdivision Unit 1. Chairman Hartzog asked for comments or discussion at this time. Ted Duigon commented that the house is two stories, with an 8' fence along the back of the property. The back or rear of the home faces Schertz Parkway, is the owner aware that night driving along the road would shine lights onto the property, Ted was advised that the property owner is aware. In view of this fact, Ted stated that he has no problem with the request. At this time, Ted Duigon moved to approve the request from Highland Homes, 499 Cedar Bridge, Woodbridge Subdivision Unit 1, for a special exception to the zoning ordinance to encroach 5 feet into the 50-foot building setback on Schertz Parkway. Kathy Hill seconded the motion. With a vote being called, the motion was approved. #8 CONSIDER AND TAKE APPROPRIATE ACTION: Request on the above from Benchmark Homes, 4324 Willow Oak, blk. 2, lot 18, Oak Trail Unit 1. Earl Hartzog asked for comments or discussion and, at this time Ted Duigon commented that he would like to welcome the new residents of Schertz. He is sympathetic for the problems they have encountered. This is not the first time this sort of problem has come 7 before the board, which I refer to as a request for "forgiveness rather than permission". Ted Duigon stated that there are reasons for these setbacks; such as safety, proper distance from adjoining neighbor, etc. and its unfortunate this has happened. Peggy Brown expressed to Mr. & Mrs. Rodriguez, that it was nice of neighbors to come out and support new neighbors. This is something that is rarely seen and she appreciates their effort and time. At this time, James Harris moved to approve the request from Benchmark Homes, 4324 Willow Oak, blk. 2, lot 18, Oak Trail Unit 1 for a special exception to the zoning ordinance for a rear yard setback from 20' to 14'. Peggy Brown seconded the motion. With a vote being called, the motion was as follows: Ayes: James Harris, Peggy Brown, Kathy Hill and Ted Duigon Opposed: Earl Hartzog. Motion approved. Steve Simonson apologized to the new resident and acknowledged the mistake made. Steve welcomed them to the City and advised that a letter from the Planning and Zoning Department would be sent out the acknowledgement of approval. T'he approval of the variance would be kept on permanent file with the City. Steve also advised that the letter be kept by the new resident with documentation pertaining to the purchase of the new home. At this time, the new homeowner thanked the board for their consideration on the matter. #9 GENERAL DISCUSSION: James Harden• James questioned that would the builders come back and clean up all the construction erosion barriers located throughout the city. Steve Simonson stated the builders are instructed that these areas must be cleaned up. At times, the city may make requests two s or three times but the areas are cleaned up. Steve explained that once the erosion fence is put up, it the builders responsibility to keep the area clean. James Harden commented on the erosion water flow especially the water coming out of Carolina Crossing, an area he calls "the 13~' road". What will happen to the area? Steve Simonson replied that area is not a new channel, what is happening is that with all final construction in the area you will be seeing a lot of silt water. When the construction is complete the water will be running clear. Pe~gv Brown: Peggy commented that in the future when meetings are scheduled, the city should consider holidays. She mentioned that one of the meetings was scheduled on Valentines Day another on Spring Break. It makes it difficult at times. She suggested that notification of meetings be made with enough time so that board members may have time to clear their calendars. Ted Duigon commented that he was in agreement, that more notification time is needed. If the Chairman is notified approximately 10 days prior the meeting, he believes the board members should be notified within the same time span as the chairman, property owners, etc. James Harris• James commented that the Border Town on IH35 is in the process of opening its doors on Wednesday. His grandson is one of the new employees for the establishment, who has been training since the month November. 9 Ted Dui~on• Ted commented that the Border Town sign is a "real eye catcher". Kathy Hill• Kathy had no comments. Steve Simonson Steve reminded everyone that the Jonas Woods Development on Schertz Parkway is underway at this time. Steve also mentioned that the Besch property is under contract. However, the only way that contract can go anywhere with the city is if the contractor can work out a solution for Green Valley Road. Steve added that this is the first subdivision proposing not to have an access onto a good urban street. Steve also reported that the newest finished development (big boxes) out in the Tri- County Business Park has been all rented out. Two more developments have been proposed for this area; one has been platted and mastered plan between the ProLogis building and Slim's Automotive. The other is a development of a business park between the two railroad tracks near the Union Pacific railroad track. The area is also getting sewer lines and the city should see development happening in the next two years. Peggy Brown asked that if it was known when the City EMS Service facilities were scheduled to open and was advised that a tentative schedule of a final walk through for April 12~' is scheduled. At this time, no scheduling of an opening house has been set. The Board and Planning and Zoning will likely continue to pick up packets at dispatch. The only difference is that packets would have to be taken over to the facilities across the parking lot. 10 #7 ADJOURNMENT: Chairman Hartzog adjourned the meeting at 7: 15 p.m. Board of Adjustment Chai an, City of Schertz, Texas ATTEST: Planning ecr ary, City of Schertz 11