07-24-1990 :a _ - _ _ _ _
PLANNING AND ZONING MINIITES
The Schertz Planning and Zoning Commission conducted a public
hearing on Tuesday, July 24, 1990 at 7:00 P.M. in the Municipal
Complex Council Chambers, 1400 Schertz Parkway. Those present
were as follows:
PLANNING & ZONING COMMISSION OTHERS PRESENT
TY BRISGILL, CHAIRMAN RICK SAENZ
BOB ANDREWS, VICE-CHAIRMAN RITA SAENZ
MERWIN WILLMAN ARNOLD MILLER
GEORGE VICK WERNER KELLER
JIM SHRIVER DELORES KELLER
KEN GREENWALD, COUNCILPERSON EARL HARTZOG
ED NORDMEYER
MEMBERS ABSENT
CITY STAFF
KEITH VAN DINE, SECRETARY
HAROLD BAUMAN STEVE SIMONSON,
ASST. CITY MANAGER
STEVE WHELCHEL,
CITI' INSPECTOR
LEONARD TRUITT,
CITY INSPECTOR
- NORMA ALTHOUSE,
_ - RECORDING SECRETARY
#1 CALL TO ORDER
Chairman Brisgill called the public hearing to order at 7:00 P.ti1.
Mr. Brisgill explained the procedures to be followed for the
public hearing. Mr. Brisgill noted this is the only time for
speaking (comments will not be permitted after the public hearing
is closed) and informed those present the Planning and Zoning
Commission has ten days in which to make its recommendation to
City Council.
#2 PIIBLIC HEARING: Front Yard Setback Variance Request
(Variance n30-90) -
To receive citizen input on the request from Rick and Rita Saenz
- for an 8' front yard setback variance at 501 Aviation.
Chairman Brisgill asked for Staff input.
Steve Simonson informed those present that 55 letters had. been
- "sent to property owners and 1Q were 'returned - 9 in favor-of`the
variance and 1 opposed.
Ed Nordmeyer of 409 Aviation spoke at this time saying he is in
favor of granting the variance.
Mr. Nordme~=er then made further comments to the Commission asking
them tc think about allowing property owners to have a mother-in-
law house. Mr. Nordmeyer suggested there is not efficient use of
land, we like to keep the older folks independent, and sometimes
the best way of doing this is to provide them with a house of
their own. Mr. Nordmeyer further stated that this is enough of a
problem in some areas of the country that you can rent a house to
put on your property for a number of years, and when you no
longer need it return it to the owner. Mr. Nordmeyer indicated
he had spoken to the City about this subject before and the next.
time he comes before them, he may ask for a permit for a mother-
in-law house.
~3 ADJOIIRNMENT OF PIIBLIC HEARING
There being no further questions or discussion, Chairman Brisgill
adjourned the public hearing at 7:04 P.M.
The Schertz Planning and Zoning Commission convened in a regular
session, after the public hearing, in the Municipal Complex
Conference Rcom, 1400 Schertz Parl~way.
~4 CALL TO ORDER
Chairman Brisgill called the meeting to order at 7:06 P.M.
~5 APPROVAL OF MINUTES: Regular Session July 10, 1990
-
Merwin Willman made a motion to approve the minutes for the
regular session July 10, 1990. George Vick seconded the motion
and the vote was unanimous in favor. Motion carried.
##6 CITIZENS` INPUT OTHER THAN AGENDA ITEMS
There was none.
At this time Chairman Brisgill introduced Steve Whelchel and
Leonard Truitt of the City Inspection Department. Mr. Brisgill
commented the Commission just wanted to meet them.
Mr. Brisgill remarked there has been lots of discussion in the
past on signs and it is easy for the Commission to sit here and
decide what the ordinance should say, but it is up to Inspection
to enforce it. Are there any thoughts on this?
Leonard Truitt told the Commission one of the hardest things to
enforce is political signs in the Overlay. Mr. Truitt said the
ordinance definitely says there won't be any, but the City tends
to allow them. Chairman Brisgill admitted he,knows that's true.,
Leonard Truitt then mentioned they are talking about patrolling
the City on the weekends because lots of builders have been
working without getting the necessary permits.
=2- _
Jim Shriver .asked Steve Whelchel, as a new employee of five
weeks, what he thinks of the job. Mr. Whelchel replied it is a
challenge, but he likes it.
Bob Andrews commented that the Commission sits here and hammers
out the ordinances and then Inspection has to enforce them. Are
- they enforceable?
- Steve Whelchel informed the Commission that as far as new
construction is concerned, there are no problems. It is only on
. the weekends that they have encountered problems with contractors
not getting permits, for things such as carports and new roofs.
Mr. Whelchel also indicated a slight problem with junked vehicles
in the City.
- Bob Andrews remarked that the amendment to the Junked Vehicle
Ordinance regarding the use of a fitted car cover fcr antique
vehicles and the new Garage Sale Ordinance should make it easier.
Leonard Truitt asked if there's anything in writing on those two
ordinances and Steve Simonson advised Mr. Truitt to check with
him about the ordinances.
Steve Simonson pointed out that the two inspectors are looking at
things differently than the way the department has looked at
things in the past. Every time they turn around, there is
another dunked vehicle or someone else is building something.
Mr. Simonson related that both inspectors have spoken with him
about scheduling some time around their weekend hours because
they feel some of the contractors purposely build on the weekends
to try and avoid having to get a permit.
Leonard Truitt gave the example of re-roofing and said the City
- of Schertz requires a permit for such work whereas the City of
San Antonio does not, and the contractors are used to not having
to obtain a permit. -
Bob Andrews suggested that maybe the ordinances need to be
. checked in comparison with our sister cities to see what they
require permits for and what they do not.
Leonard Truitt commented they follow the building code more than
they do the ordinances.
Steve Whelchel mentioned a problem they are having with Stop-N-Go
as far as-trash around their building is concerned. Mr. Whelchel
- said the. home office. gave Stop-N-Go the money to hire. a
maintenance person, but they have not done it yet.
Leonard Truitt asked how hard the Commission wants them to
enforce the ordinance upon Stop-N-Go.
-3- _
Merwin Willman informed the inspectors this problem is something,
that should be taken up with City Council.
Bob Andrews told the inspectors to see how it effects their
jobs - how many times a week they have to call upon Stop-N-Go
about the trash problem.
Chairman Brisgill thanked the inspectors for coming and told them
to feel free and=time in the future to tell the Commission about
any problems they may encounter.
~7 CONSIDER AND MAKE RECOMMENDATION: Variance ;30-90
George Vick, referring to the 10 letters returned (9 in favor and
1 oppcsed), asked if the one oppcsed gave any reason. Steve
Simonson replied they did not.
Merwin Willman asked if he understands correctly that Mr. Saenz
is planning on having a two story house. Bob Andrews told Mr.
Willman that is correct.
Bob Andrews made a motion to recommend to City Council approval
of the request from Rick Saenz for an 8` front yard setback
variance at 501 Aviation. Mr. Andrews added that the house will
stand aut, but it is on a dead-end street and the neighbors
approve.
George L'ick`seconded the motion and the vote was as follows:.
AYESr B. Andrews, G.:Vick, J. Shrives _
NAYS: T. Brisgill, M. Willman
ABSTENTIONS: None
With a vote of 3 for and 2 against (2 members absent) the motion
did not carry.
Chairman Brisgill stated his reason for voting no is that he
doesn`t feel Mr. Saenz meets any of the criteria for a variance -
he just wants it.
Mere°in Willman indicated he thinks there's other room on the
property where Mr. Saenz can put the house and not need a
variance.
Bob Andrews told the Commission he had some of the same thoughts
as Chairman Brisgill and Merwin Willman in that Mr. Saenz has
created his own hardship, but the citizen input indicates
approval of Mr. Saenz' request.
Jim Shrives asked if Mr. Saenz moves the house back, .will he have
room to park his car. Bob Andrews said he will have 20 feet'and
the average car is`21 feet. ;
Chairman Brisgill expressed concern about making a recommendation
to City Council.
Steve Simonson told the Commission they could say they don't have
a recommendation, although City Council would probably like to
have one.
Bob Andrews remarked he would withdraw his recommendation if it
_ would make any difference, but the vote then would be 3 against
and 2 in favor which would still not be good enough to carry the
motion.
Chairman Brisgill recommending passing the information along to
City Council as is. The Commission agreed.
~8 CONSIDER AND TAKE APPROPRIATE ACTION: Clarence Williams,
812 Aviation, Request for Hearing Regarding
Junked Vehicle
Clarence Williams was at the meeting to represent this request.
Mr. Williams informed the Commission the vehicle in question is a
1966 El Camino pickup truck parked in his back yard by the fence.
Mr. Williams continued on saying it was movable until March of
this year at which time he put some of the parts from it into his
wife's vehicle and is now in the process of putting them back in
the truck. Mr. Williams said he is keeping the truck because
next year it will be a classic. It does not have a current
license sticker and Mr. Williams said he does not plan to get one
soon because he is not driving the vehicle. Mr. Williams pointed
-n
~ out-the vehicle is` not junk-," there` is` no broken` glass,' he keeps
the area around it mowed and he has a car cover for it.
Jim Shriver asked Clarence Williams when he foresees the truck
being operable. Mr. F~'illiams answered he couldn't say for sure
because he has heart problems and he also works at night.
Chairman Brisgill asked if the cover is presently on the truck
and Mr. Williams said no it is not.
Chairman Brisgill remarked that our ordinance does not cover
classic cars, but uses 35 years as the age for an antique
vehicle. Mr. Brisgill told Clarence Williams that as long as he
keeps the cover on the truck, there should be no problem. Mr.
Williams said that's what he needed to know.
Chairman Brisgill asked for some background on why this gentleman
received a letter about his truck. Steve Simonson replied it is
one of thase that was spotted in the backyard without a current
license sticker.
Bob`Andrews 'asked Clarence Williams if he has a fitted truck
cover. "Mr. Williams replied its a little hard to find a fitted
cover for a truck, but the cover he has fits well - its off his
Lincoln.
, -5- _
Jim Shriver made a motion allowing Clarence Williams to store the
truck in his backyard as long as it covered in accordance with
the requirements of the ordinance. George Vick seconded the
motion and the vcte was unanimous in favor. Motion carried.
~8b. CONSIDER AND MARE RECOMMENDATION: Request from Arnold J.
Miller, SOS Colony Drive, for a backyard and
side yard setback variance.
Arnold Miller was at the meeting to represent this request.
Chairman Brisgill asked for Staff input.
Steve Simonson related that the Commission can see, according to
Arnold Miller's letter, that Mr. Miller has a rather extensive
amount of building he wants to do. Mr. Simonson said Mr. Miller
would eventually like to extend his storage shed and also request
a variance for the carport, but. he has put those two items on
hold and is currently requesting only a side yard and a backyard
setback variance so he can build decking around his pool.
Steve Simonson did point out that if Mr. Miller eventually does
everything he mentions in the letter he will be close to building
on more than 40~ cf his yard which is against the regulations of
. the ordinance.
Chairman Brisgill asked about •a~ utility `easement and Arnold
Miller replied there is an electrical pole with the wires
overhead. The cable and telephone are also overhead and the gas
meter is in the front of the house.
. There was discussion about the height of the electrical wires in
reference to their distance from the deck. Chairman Brisgill
expressed concern aver this matter since there will be people on
the deck who will be wet.
Arnold Miller explained that the deck will be a maximum of
nineteen inches in height.
Steve Simonson told the Commission that the inspector says 18
feet is required between wire and anyone wet.
Bob Andrews asked Arnold Miller if he had gotten a permit several
years ago when he put in his storage shed. Mr. Miller replied
yes he had.
Bob Andrews then commented on the foundation/pad for the shed,
Leonard Truitt informed Mr. Andrews that is considered flatwork
and'you can cover your entire yardwith flatwork if you wish.
" Bob Andrews questioned if the Commission didn't have a similar
request about nine months ago from Vaughan Homes and Steve
Simonson said yes they did.
-6-
Bob Andrews made a motion to recommend City Council schedule a
Board of Adjustment Hearing and approve the request from Arnold
Miller, 8Q8 Colony, for a 7' side yard variance and a 3' backyard
variance to allow the building of decking around the pool. Mr.
. Andrews further stated these variance should be granted far the
decking only, provided such construction complies with the
electrical code. George Vick seconded the motion and the vote
was unanimous in favor. Motion carried.
Steve Simonson informed Arnold Miller he will send him a letter
verifying the Commission's action this evening and giving him a
probable date for the Board of Adjustment Hearing.
~9 CONSIDER AND TAKE APPROPRIATE ACTION: Discussion of
- Comprehensive Plan
Chairman Brisgill reminded the Commission they have in their
packet updated material on SAFES and the Police Department.
Mr. Brisgill then referred to the report from the Citizens`
Leadership Panel where the short and long-term goals are listed
for both SAFES and the Police Department.
Jim Shriver asked if the final product will list the short and
long-term goals. Steve Simonson replied it will if that`s the
wisr. of the Commissicn. Mr. Simonson also noted that some of the
_ information is in narrative form.
_
.
Jim Shriver then asked if the final product has to be approved by
City Council and Steve Simonson said yes it does.
Steve Simonson listed the steps taken so far to gather
information such as the survey, the Citizen's Leadership Panel
Report, the old Comprehensive Plan and feedback from the various
departments. Mr. Simonson said all this plus the Commission's.
input will be compiled in draft form for the Council to review.
Merwin Willman expressed concern over the fact that .the
Commission has not yet come up with an outline for the way
they`re going to do the Comprehensive Plan.
Jim Shriver asked if the goals of the Planning and Zoning
Commission should be included in the Plan. Chairman Brisgill
said that`s taken care of in the annual report to City Council.
. Mr. Brisgill added that then you would need to put in the goals
of City Council and he doesn't think the goals of either body are
something that should be in the Plan.
At this time the_ Commission reviewed the updated material on
SAFES and the Police Department and compared it to the Citizens'
Leadership Panel Report as far as short and long-term goals. The
Commission made their suggestions as to what should be changed,
what should be included, and what should be added or deleted.
-7-
Steve Simonson advised the Commission he will try to give them
something every meeting for the plan, but a lot is going on right
now with the budget and with the new preliminary floodplain map.
Mr. Simonson cautioned the Commission that, more and more, a
Comprehensive Plan is being considered a legal document.
Chairman Brisgill requested that further discussion of the
Comprehensive Plan be glaced on the agenda of the next meeting.
#10 GENERAL DISCIISSION
Bob Andrews•
(a) Menticned there's lots of work going on at 605 Aviation.
They're cutting what looks like a second driveway. (Steve
Simonson said he will check on it.)
George Vick:
{a) Is anything being done about the vehicles at 815 Aviation,
down the street fram Clarence Williams? One of them has been up
on jacks for a while. {Steve Simonson said he will check into
it.)
Jim Shriner:
(a) Expressed concern over Harry Bauman being absent from the
last tt:-c meetings.
_ _ _ _ .
.
Mervin 6Villman:
{a) The new Garage Sale Ordinance should be official as of
August 7th and it will effect the Sign Ordinance. Would like to
have a copy.
(b) When Payless was authorized the new sign, weren't they
suppcsed to take down the old one? (Steve Simonson said yes,
after all the details are worked out about the widening of Jack
Hays Blvd.)
(c) Back in April the Commission gave a 120 day extension for
an antique vehicle to a gentleman at 515 Aero. Since that time
he has put the vehicle in the garage and kept it there. We need
to clear our list of people who have been granted extensions.
Chairman Brisgill requested that all antique and/or junk vehicle
owners who have been granted extensions or had a decision tabled
. be placed on the next agenda.
(d) Asked Steve Simonson if there's any kind of penalty that can,...
- be imposed on .people who don't get a permit when they're doing
some type of construction. Mr. Simonson replied the City can
double the permit fee.
- < -8-
To this, Mr. Willman asked if the City has been doing that and
Steve Simonson answered yes they have.
(e) Did Joe Potempa turn in all his books? Mr. tv'illman was
informed Joe Potempa had not turned in the Code book or the
Citizen's Guide to Planning and Zoning books.
Steve Simonson:
(a) Reported there are lots of people interested in developing
the corners cf IH-35. Mr. Simonson said McDonald's is interested
and he is also told the truck stop is still coming into the City.
(b) Commented he has been playing ping pong between Houston and
Dallas regarding the paperwork for the FM 78 R.O.W. from Southern
Pacific.
Mr. Simonson said rumors have been circulating that FM 78 is
going to be widened immediately and he even got a call from the
corporate office cf Church's Chicken in Louisiana asking him ~ti~hy
they hadn`t been informed of this. Mr. Simonson told e~-erycre,
if they hear any further rumors along this line, to refer the
people to hirt.
Chairman Bris ill:
_ (a> How many members are planning on attending the APA
- Conference in Forte Worth? (Those planning on attending are
George Vick, Bcb Andrews and Steve Simonson.)
George Vick said he had a real quick question about whether the
City has an ordinance regulating street solicitation and was
informed they do have.
Jim Shriner noted that the solicitors pulling the VFW scam have
moved out of San Antonio and he understands they are now in
Universal City.
(b) Indicated he will not be here for the August 14th meeting
and possibly not for the meeting on August 28th.
# 11 ADJOIIRNMEI~TT
Chairman Brisgill adjourned the meeting at 8:50 P.M.
The next regularly scheduled meeting is August 14, 1990.
-9- _