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BOA 07-27-2009 BOARD OF ADJUSTMENT MINUTES July 27, 2009 \.,... The Schertz Board of Adjustment convened on July 27, 2009 at 6:00 p.m. at the Municipal Complex, Council Chambers, 1400 Schertz Parkway Building #4, Schertz, Texas. BOARD OF ADJUSTMENT Earl Hartzog, Chairman Darlene Price, Vice Chairman Van Adams Frank McElroy, Alternate acting as voting member Norman Slocum Rebekah Inmon, Alternate CITY STAFF Michelle Sanchez, Director of Development Services Lesa Wood, Planner I Misty Nichols, Senior Planner Don Taylor, City Manager Michael Spain, City Attorney David Harris, Asst. City Manager Larry Dublin, City Engineer BOARD MEMBERS ABSENT Donald McQueen OTHERS PRESENT Robert Brockman, 1000 Elbel Mr. & Mrs. Rowell John Gannon, John Gannon, Inc. Richard L. Rothfelder, Rothfelder & Falick, L.L.P. 1. CALL TO ORDER/ROLL CALL Mr. Hartzog called the meeting to order at 6:01P.M. 2. SEA T AL TERNA TE MEMBER TO ACT IF REQUIRED. ....... Mr. Hartzog seated Frank McElroy, Alternate acting as voting member. 3. HEARING OF RESIDENTS No citizen comments. 4. Consider and act upon the Board of Adjustment minutes for June 1,2009. Following reading of the agenda item, Mr. Adams moved to approve the item. Ms. Price seconded the motion. Vote was unanimous. Motion carried. 5. APPEAL HEARINGS: A. BOA 2009-004 400 Main Street Conduct an appeal hearing and take action regarding a decision by the City of Schertz Director of Development Services (i) disapproving a building permit to repair the existing non-conforming structure located at 400 Main Street, Schertz, Texas 78154 and (ii) ordering the removal of the remaining portions of such non-conforming structure. The appealing party is John Gannon, Inc. \.,... Appeal hearing opened at 6:06 pm. Attached as Exhibit A to these Minutes is a DVD of the hearing. Following an appeal hearing, Mr. Slocum moved to (i) affirm the order of the City's Director of Development Services, (ii) deny the appeal of John Gannon, Inc., and (iii) orders the removal of the remaining portions of the nonconforming structure. Minutes Board of Adjustment July 27,2009 Page I of2 Mr. Adams seconded the motion. Vote Aye: Mr. Adams, Ms. Price, Mr. Slocum and Mr. Hartzog. Vote Nay: Mr. McElroy. Motion approved. 6. REQUESTS AND ANNOUNCEMENT: .....J A. Request by Members to place items on a future Board of Adjustment Agenda. Appointment of Chair and Vice-Chair. B. Announcements by Members and Council. · City and community events attended and to be attended . Liaison Assignments · Continuing educations events attended and to be attended Mr. Hartzog stated that their was a large turn out of citizens and City Staff to honor Soldier Lara on route to New Braunfels. C. Announcements by City Staff · City and community events attended and to be attended . V oting procedures (M. Sanchez) · Records retention of agendas (M. Sanchez) Ms. Sanchez announced the following: · The Arts fest will be held on July 31 and August 1,2009. · Planning and Zoning Liaison will not be reintroduced at the Board of Adjustment meetings. 7. ADJOURNMENT .-J The meeting adjourned at 8:44 P.M. :!f j) ~~J Recording Secretary, City of Schertz Chairman, Board 0 I ......J Minutes Board of Adjustment July 27, 2009 Page 2 of2