BOA 03-22-2010
BOARD OF ADJUSTMENT MINUTES
March 22, 2010
The Schertz Board of Adjustment convened on March 22, 2010 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
Christopher Montgomery
Rebekah Inmon, Alternate
Richard Dziewit, Alternate
CITY STAFF
Michelle Sanchez, Director of Development Services
Misty Nichols, Senior Planner
Michael Spain, City Attorney
BOARD MEMBERS ABSENT
Norman Slocum
OTHERS PRESENT
Robert Brockman, 1000 Elbel
Blake Rue, Oryx Development, LLC
Colby Denision, Ashton Senior Village
Frank Longoria, Washington, Tyrannus School of Arts
Brady Baggs, Vickery and Associates
1.
CALL TO ORDER/ROLL CALL
Mr. Hartzog called the regular meeting to order.
2.
SEAT ALTERNATE MEMBER TO ACT IF REQUIRED.
Mr. Hartzog seated Rebekah Inmon, Alternate acting as voting member.
3.
HEARING OF RESIDENTS
No citizen comments.
4.
MINUTES:
A.
Regular Meetings - November 30, 2009
Mr. McQueen moved to approve the minutes. Mr. McElroy seconded the motion. Vote was unanimous.
Motion carried.
5.
PUBLIC HEARINGS:
A.
BOA 2010 - 001 Ashton Senior Village
Hold a public hearing to consider a variance to Article 10, Section 21.10.4 Schedule of Off-Street
Parking requirements to allow a reduction in the required parking by 209 spaces at 10.629:1: acres of
land specifically described as a portion of the Genobera Malpaz Survey No. 67, Abstract No. 221,
generally located 458:1: feet east of the intersection of Borgfeld Road and FM 3009.
Public hearing opened at 6:26 pm.
Ms. Sanchez gave a short presentation on the City Council approved zone change to R-4 Apartmentlmulti-
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March 22, 20 I 0
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family dwellings. She stated that the public hearing notice was published in the Daily Commercial
Recorder on March 4, 2010 and in the Herald on March 11, 2010. Thirty- two (32) notices were mailed
to surrounding property owners on March 5, 2010 and a total of three (3) responses were received in
opposition of which two (2) were opposed to the parking variance request. Ms. Sanchez stated that all
departments including: Engineering, Fire Marshall, and City Marshall's office offered recommendations.
This site is located east of the intersection Borgfeld Rd. and FM 3009 and staff feels that the reduction in the
parking poses traffic safety concerns because of the potential for overflow parking on Borgfeld and the heavy
amount of traffic at this intersection during peak hours. Ms. Sanchez offered staffs recommendation of
disapproval.
Mr. Hartzog recognized the following to speak:
. Mr. Denison, Ashton Senior Village, spoke on the curb appeal of green space and landscaping
opposed to the additional parking spaces. He expressed concerns with the opposition to the variance
request.
. Mr. Brockman spoke on the size of parking spaces, exit on 3009 and stated that he agreed with staff
recommendation that 50% reduction in parking is not reasonable.
. Ms. Sanchez advised that the standard lOx 20 parking spaces would be used.
Mr. Hartzog requested that the applicant provide more in-depth information on the project.
There being no one else to speak the Public hearing closed at 6:40 pm.
After a short discussion on the variance request, Mr. McElroy moved to table the item to allow the applicant
to provide more information from other communities and car counts. Ms. Inmon seconded the motion. Vote
unanimous.
B. BOA 2010-002 Ashton Senior Village
Hold a public hearing to consider a variance to Article 5, Section 21.5.7 Dimensional and
Developmental Standards to allow the maximum allowable building height of thirty-five feet (35') to
be exceeded by five feet (5') at 10.629:1: acres of land specifically described as a portion of the
Genobera Malpaz Survey No. 67, Abstract No. 221, generally located 458:1: feet east of the intersection
of Borgfeld Road and FM 3009.
Public hearing opened at 6:55 pm.
Ms. Sanchez gave a short presentation on the request to the height restriction in a multi-family zoning district.
She stated that the public hearing notice was published in the Daily Commercial Recorder on March 4,
20 I 0 and in the Herald on March 11, 20 I O. Thirty- two (32) notices were mailed to surrounding property
owners on March 5, 20 I 0 and a total of three (3) responses were received in opposition of which two (2)
were opposed to the parking variance request. Ms. Sanchez stated that all departments including:
Engineering, Fire Marshall, and City Marshall's office offered recommendations.
Ms. Sanchez offered staffs recommendation of approval.
There being no one else to speak the Public hearing closed at 7:04 pm.
Mr. McElroy moved to approve the request. Mr. Montgomery seconded the motion. Vote unanimous.
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March 22, 20 I 0
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C. BOA 2010-003 Washington, Tyrannus School ofthe Arts
Hold a public hearing to consider a variance to Article 10, Section 21.10.4 Schedule of Off-Street
Parking requirements to allow a reduction in the required parking by 150 spaces at Lot I, Block I of
the Washington, Tyrannus School ofthe Arts Subdivision also know as 8533 E. FM 1518 N.
Public hearing opened at 7:05 pm.
Ms. Sanchez gave a short presentation on the parking variance and the affects on the floodplain. She spoke on
the impervious covers restrictions related to the site and advised the Board that schools are permitted in any
zoning district. A public hearing notice was published in the Daily Commercial Recorder on March 4, 2010
and in the Herald on March II, 20 I O. There were 4 notices mailed to surrounding property owners on March
5, 20 I O. Ms. Sanchez offered staffs recommendation of disapproval.
Mr. Hartzog recognized the following to speak:
. Frank Longoria spoke on the benefits of the grades 7 - 12 school.
. Brady Baggs spoke on the floodplain and student transportation to and from school.
. Robert Brockman spoke in support of staff recommendation and compliance with the UDC.
There being no one else to speak the Public hearing closed at 7:22 pm.
Discussion followed between the Board, staff and applicant on the after school events and the size of the
auditorium.
After a short discussion, Mr. McElroy moved to disapprove the request. Mr. McQueen seconded the motion.
Vote unanimous.
6.
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. Hartzog announced the grand opening of the YMCA.
C. Announcements by City Staff
. City and community events attended and to be attended
. No comments by staff.
7.
ADJOURNMENT
The meeting adjourned at 7:39 P.M.
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March 22, 20 I 0
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