BOA 10-26-2009
BOARD OF ADJUSTMENT MINUTES
October 26, 2009
The Schertz Board of Adjustment convened on October 26, 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
Frank McElroy
Donald McQueen
Norman Slocum
Christopher Montgomery
Richard Dziewit, Alternate
CITY STAFF
Michelle Sanchez, Director of Development Services
Misty Nichols, Senior Planner
Don Taylor, City Manager
BOARD MEMBERS ABSENT
Rebekah Inmon, Alternate
OTHERS PRESENT
Mr. Rubin Ruiz, 2532 Cove Brook
1.
CALL TO ORDER/ROLL CALL
Mr. Hartzog called the meeting to order at 6:00P.M.
2.
RECOGNITION OF NEWLY APPOINTED AND REAPPOINTED BOARD MEMBERS.
A.
Election of Chairman and Vice-Chairman.
Mr. Hartzog recognized all newly appointed and reappointed Board Members.
Mr. Slocum moved to elect Mr. McQueen, Vice-Chairman. Mr. McElroy seconded. Vote unanimous.
Motion carried.
3.
SEAT ALTERNATE MEMBER TO ACT IF REQUIRED.
No action required.
4.
HEARING OF RESIDENTS
No citizen comments.
5.
MINUTES:
A.
Regular Meetings - September 28, 2009
Mr. Slocum moved to approve the minutes. Mr. McQueen seconded the motion. Vote was unanimous.
Motion carried.
6.
PUBLIC HEARINGS:
Minutes
Board of Adjustment
October 26, 2009
Page I of3
A. BOA 2009 - 008 2532 Cove Brook
Hold a public hearing to consider a variance to the Unified Development Code (UDC), Article 5,
Table 21.5.1 to allow a twelve foot (12') by twenty-eight foot (28') wood deck to encroach the rear set
back by eight foot (8') at 2532 Cove Brook (Lot 12, Block 24, Woodland Oaks #6C Subdivision).
Public hearing opened at 6:06 pm.
Ms. Sanchez gave a short presentation on the encroachment; that the subject deck was being built without a
permit when discovered and that a stop work order had been issued the project because of the encroachment.
She informed that the deck as currently located does oversee a drainage right-of-way and that the applicant
hoping to leave it in the back yard. She stated that an emergency means of egress out of the home was
authorized until this variance could be heard and that staff met with Mr. Ruiz on his property to discuss
alternatives to the deck design which would not require a variance. Ms. Sanchez stated that if the deck
elevation was lowered by stairs and located in the side yard that a variance would not be required. She
informed that staff makes every attempt to offer an alternative when it is determined that what the applicant is
requesting does not comply with the UDC. Twenty-five (25) public hearing notices were mailed with seven
favorable responses, 3 neutral and zero opposed; two were returned as undeliverable.
Mr. Hartzog recognized the following to speak:
Mr. Ruiz indicated that he had canvassed neighbors and spoke with the HOA about his deck request and that
no one was in objection to the location of it being in the back yard; that the drainage ditch in the back yard
would give them the opportunity to enjoy nature. He responded to questions by the Board stating the deck
would not be covered; that he was aware that a permit was required and that he did not anticipate any problem
with the deck and he apologized for putting the cart before the horse.
Discussion followed on the alternative to locate the deck in the side yard; Ms. Sanchez responding to one of
the concerns by the HOA that the deck would be too tall and that it would be visible over the fence. She
stated that lowering the deck using steps and another landing could take it to grade level which would
eliminate it from being seen over the six foot fence.
There being no one else to speak the Public hearing closed at 6:30 pm.
After a short discussion, Mr. Slocum moved to disapprove the variance. There was no second to the motion.
Mr. Hartzog requested another motion; Mr. Hartzog moved to approve the request. Mr. McQueen seconded
the motion. Mr. Slocum objected to the motion stating that there is no hardship imposed to the applicant by
the Unified Development Code; that staff has performed due diligence on the request; that the owner was
aware of the topography of the lot when he purchased the property; and that the applicant has viable
alternatives. Mr. McElroy stated that he is conflicted with this; that it bothers him that the applicant knew the
permit was required yet proceeded to do this anyway. He continued to point out that this request did seem to
be one of the less egregious variances considering the drainage ditch behind it and there is certainly a viable
alternative. Mr. Hartzog stated that he did not see anything wrong with it. The motion was disapproved by a
vote of 3/2.
7.
ITEMS FOR DISCUSSION ONLY:
A.
Review of the By-Laws. (E. Hartzog)
Mr. Hartzog designated Mr. Slocum as the Member to make recommendations and bring them forward
for review of the entire Board.
Minutes
Board of Adjustment
October 26, 2009
Page 2 of3
8.
REQUESTS AND ANNOUNCEMENT:
A.
Requests by Members to place items on a future Board of Adjustment
No requests by members.
B. Announcements by Members and Council.
. City and community events attended and to be attended
. Continuing educations events attended and to be attended
Mr. Slocum announced that he would not be in attendance at the November or December meetings.
C. Announcements by City Staff
. City and community events attended and to be attended
Ms. Sanchez announced the following:
. November 23rd meeting will be moved to November 30,2009.
8
ADJOURNMENT
The meeting adjourned at 6:45 P.M.
Rec&'}~d::L,
Minutes
Board of Adjustment
October 26, 2009
Page 3 of3