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02-12-2001BOARD OF ADJUSTMENT MEETING February 12, 2001 The Schertz Board of Adjustment convened in regular session on Monday, February 12, 2001, 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 Jim Harris James Harden MEMBERS ABSENT #1 CALL TO ORDER CITY STAFF Leonard Truitt, Building Official Mary Ybarra, Planning & Recording Secretary OTHERS PRESENT David Black, 201 Pecan Drive Mary Black, 201 Pecan Drive Stephen R. Demory, 205 Pecan Dr. Chairman Hartzog called the meeting to order at 6:30 p.m. #2 APPROVAL OF MINUTES: Regular sessions of December 4, 2000 and January 8, 2001. Chairman Hartzog asked if there were any corrections or additions to the minutes of December 4, 2000? James Harden asked for a correction to spelling of his last name on page one. On page three in item #5 general discussion under his comments change "Stage Coach Stage" to read "Stage Coach House". Ted Duigon asked that a correction be made to the spelling of "Hartzog" in item #2 of the approval of minutes; on page two-second paragraph the word "without" should be one word. In item #5 first paragraph the first sentence should read "Chuck Sharpe, member of the board of the Schertz Parkway Improvement". Also in the third sentence the statement should read "school district and county, having withdrawn from the project, which leaves The City of Schertz for funding the project". Ted also pointed out that on the same page under comments made by James Harden change the statement to read "Leonard Truitt reported that the issue has been resolved. TXDOT will not allow any signage on FM3009". Ted added that in general discussion under his comments make changes to the statement to read "Ted commented that there are too many large houses going onto small lots, with exception to the zoning ordinance". Ted also added that under comments made by Leonard Truitt, make change to read "of the candidates two are from out of state......." .Under comments made by Earl Hartzog make change to read "when will vehicles be allowed to drive across the bridge"? Kathy Hill reported that in general discussion under her comments to delete the second "that" from the statement. Kathy added that in general discussion under comments made by Leonard Truitt to make change to read "there has been some response to treatment". Without further delay, a motion was made by Ted Duigon, which was seconded by James Harris to approve the minutes of December 4, 2000 as amended. With a vote being called, the motion was approved. Earl Hartzog asked for corrections or additions to the minutes of January 8, 2001. Ted Duigon stated that on page three in the second paragraph make change to read " "she would share the Board's concerns........". On the same page last paragraph make change to read "that the city is looking fora "Planner". Kathy Hill moved to approve the minutes of January 8, 2001 as amended. Ted Duigon seconded the motion. With a vote being called, the motion was approved. #3 PUBLIC HEARING: To receive citizen input on a request from Stephen R. Demory, 205 Pecan Drive, Lot 2, Block 6, Westland Park for a special exception to the zoning ordinance to allow an additional curb cut. 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 its decision. After the public hearing is closed there will be no other comments taken. Leonard Truitt stated that the request before the Board is from the resident, he wishes to add an additional driveway and curb cut on the right side of the property to extend toward the back to an existing garage. Leonard added that the Planning and Zoning Commission heard the request, however the Commission forwarded the request with no recommendation to the Board. Leonard Truitt stated that in accordance with the city ordinance 181etters were sent out to property owners within 200' radius of said property. Of the letters sent (3) three letters was received in favor and (2) two letters were received opposed. 2 Eari Hartzog made note that the Planning and Zoning Commission having sent the request forward with no recommendation tells him that the Commission "chickened out" in making some decision in this matter. At this time, Chairman Hartzog asked if anyone wanted to speak on the matter before the Board. David Black at 201 Pecan Drive stated that he is a neighbor and added that he and his wife are in favor of the Demory request. Also, at this time, Mr. Black thanked the Board for allowing for his additional curb cut, which was approved at a previous meeting. At this time, Chairman Hartzog updated the Board and explained that Mr. Black had been authorized a second curb cut at his residence, however this was due to Mr. Black losing and damage caused to some of his vehicles during the October 1998 flood. With no further discussion, Chairman Hartzog closed the public hearing. #4 CONSIDER AND TAKE APPROPRIATE ACTION: On the above Special Exception request from Stephen R. Demory 205 Pecan Drive. Ted Duigon questioned why an additional driveway and curb cut was not requested at the time the garage was built, which he believes was sometime in 1998. Mr. Demory replied that at the time he was not prepared to spend the money. Ted commented that if this was the case the request for the driveway and curb cut could have been made at the same time and once approved there are no deadlines as to when the curb cut or driveway is done. Ted Duigon stated that he agrees with the resident at 214 Pecan that has sent her letter stating that she is opposed and believes it would be setting a precedent. In conclusion, Ted added that he is prepared to vote against the request. Earl Hartzog questioned the fire hydrant in the area. Would it cause a problem or would it have to be moved? Mr. Demory replied it would not cause a problem. Ted Duigon inquired if it were prohibited to jump the curb because obviously this is what is happening. What prohibits someone from placing two by fours and driving over the curb? Earl Hartzog stated that he believes there is something in the city ordinance prohibiting jumping curbs. Leonard Truitt explained that if there is no non-access easement, there is nothing in the code prohibiting jumping curbs. James Harris stated that he would much rather see a curb cut than having two by fours and jumping the curb. 1vlr. Demory stated that he agrees with Mr. Harris' comments and added that his property also was flooded in the 1998 flood, however at that time the garage was not built. James Harden asked what was the main issue, the additional curb cut or the driveway? Leonard Truitt advised that the main issue is the additional curb cut not so much the driveway issue. With no additional comments, James Harris moved to approve the request from Stephen R Demory, 205 Pecan Drive, Lot 2, Block 6, Westland Park for a special exception to the zoning ordinance to allow an additional curb cut. James Harden seconded the motion. With vote being called, the vote was as follows: Ayes: James Harris, James Harden and Kathy Hill. Opposed: Ted Duigon and Earl Hartzog. Motion was disapproved. #5 GENERAL DISCUSSION: James Harden• James had no comments. James Harris• James had no comments. Ted Dui~on• Ted had no comments. Earl Hartzoa• Earl commented that he believes that there is an ordinance prohibiting curb jumping. He recalls that the Schertz Police Department gave someone a citation in which the person lost the case, the case was based on jumping curbs. Earl stated that he personal believes something has to be done with parking on yards, and jumping curbs. He believes that Planning and Zoning should take a look at putting together an ordinance to prohibit these things from happening and is challenging Planning and Zoning to get something in writing. Kathy Hill: Kathy had no comments. Leonard Truitt• Leonard reported that Planning and Zoning at their next meeting would be taking action on a Chinese restaurant on FM78. #6 ADJOURNMENT: Chairman Hartzog adjourned the meeting at 6:55 p.m. Board of Adjustment Chairm ,City Schertz, Texas ATTEST: Planning Secretary, City of Schertz