BOA 08-24-2009
BOARD OF ADJUSTMENT MINUTES
August 24, 2009
""""" The Schertz Board of Adjustment convened on August 24, 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
Van Adams, Vice Chairman
Frank McElroy
Donald McQueen
Norman Slocum
Christopher Montgomery, Alternate
Rebekah Inmon, Alternate
CITY STAFF
Michelle Sanchez, Director of Development Services
Lesa Wood, Planner I
Misty Nichols, Senior Planner
BOARD MEMBERS ABSENT
OTHERS PRESENT
Robert Brockman, 1000 Elbel
Matt Williams, Pulte Homes
Gwen Cortez, 3809 Smokey Pointe
1.
CALL TO ORDER/ROLL CALL
Mr. Hartzog called the meeting to order at 6:01P.M.
2.
RECOGNITION OF NEWLY APPOINTED AND REAPPOINTED BOARD MEMBERS.
A.
Election of Chairman and Vice-Chairman.
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Mr. Hartzog recognized all newly appointed and reappointed Board Members.
Mr. Adams moved to elect Mr. Hartzog, Chairman. Mr. McQueen seconded. Vote unanimous. Motion
carried.
Mr. Slocum moved to elect Mr. Adams, Vice-Chairman. Mr. McQueen seconded. Vote unanimous.
Motion carried.
3.
SEAT ALTERNATE MEMBER TO ACT IF REQUIRED.
No action required.
4.
HEARING OF RESIDENTS
No citizen comments.
5.
PUBLIC HEARINGS:
A.
BOA 2009 - 006 3809 Smokey Pointe
Hold a public hearing to consider a variance to the Unified Development Code (UDC), Article 5,
Table 21.5.1 to allow an eight foot (8') by ten foot (l0') wood deck to remain where it encroaches the
rear set back by six foot (6') six inches (6") at 3809 Smokey Pointe (Lot 62, Block 21, Fairhaven,
Unit 3).
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Minutes
Board of Adjustment
August 24, 2009
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Public hearing opened at 6:04 pm.
Ms. Sanchez gave a short presentation on the request and advised the Board that upon final inspection of the
home the inspector discovered that the deck had already been built by Pulte without applying for a building
permit. She stated that after review of the property and deck the topographical conditions of the lot and the
height of the foundation could create safety issues for the homeowner. She advised the Board of the
requirements and criteria for approval of the UDC.
21 property owners within 200 feet were notified with the following responses: one (l) - favor, zero (0) -
objections, one (l) - neutral and two (2) - returned to sender/undeliverable.
Mr. Hartzog recognized the following:
· Mr. Williams, Pulte Homes, gave a brief presentation of the request and stated that with the
circumstances of the cul-de-sac and topography of the lot created the need for the deck.
· Ms. Cortez, 3809 Smokey Pointe, stated she was the homeowner and was enjoying the deck and
appreciated the consideration of the Board.
There being no one else to speak the Public hearing closed at 6:26 pm.
Mr. Slocum questioned staff statement on the height and safety of the deck.
Ms. Sanchez stated that the deck is elevated due to the drop from the door to the ground which is
approximately 15 feet.
Mr. Adams questioned the size of the deck and how much it encroaches?
Ms. Sanchez stated the deck is 8' deep by 10' wide and to meet the setback requirements the deck would have
to be cut back by 5' to make and would have to be a minimum 3' by 3' .
Mr. Hartzog asked for the address for the neutral response to view the location on the map.
Mr. Slocum moved to disapprove the variance. Failed due to no second.
Mr. Adams moved to approve the variance. Mr. McQueen seconded the motion. Vote Aye: Mr. Adams, Mr.
McQueen, Mr. McElroy and Mr. Hartzog. Vote Nay: Mr. Slocum. Motion approved.
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6.
REQUESTS AND ANNOUNCEMENT:
A.
Request by Members to place items on a future Board of Adjustment Agenda.
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Discussion on all Board applications being supplied to Board Members. (N.Slocum)
Discussion on handout supplied by Mr. Slocum. (N.Slocum)
Review ofthe By-Laws. (E. Hartzog)
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 advised the Board of the following:
· The Kramer houseNisitor Center is open.
· The Library will have its grand opening on August 29, 2009 and Board members are invited to
attend.
· Gave a brief update on the public meeting that was held by the Economic Development
Department on August 17,2009 regarding the Downtown area.
C. Announcements by Council Liaison
· City and community events attended and to be attended
No announcements by Liaison.
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Minutes
Board of Adjustment
August 24, 2009
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D.
Announcements by City Staff
· City and community events attended and to be attended
· V oting procedures (M. Sanchez)
· Records retention of agendas (M. Sanchez)
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No announcements by Staff.
7.
ADJOURNMENT
The meeting adjourned at 6:45 P.M.
Chairman, Board of Adjustment
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Recording Secretary, City of Schertz
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~ Minutes
Board of Adjustment
August 24, 2009
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