BOA 11-29-2010
BOARD OF ADJUSTMENT MINUTES
November 29, 2010
The Schertz Board of Adjustment convened on November 29,2010 at 6:00 p.m. at the Municipal Complex,
Council Chambers, 1400 Schertz Parkway Building #4, Schertz, Texas.
BOARD OF ADJUSTMENT
Earl Hartzog, Chairman
Donald McQueen, Vice Chairman
Frank McElroy
Christopher Montgomery (arrived 6:10 pm)
Norman Slocum
CITY STAFF
Lesa Wood, Planner I
Misty Nichols, Senior Planner (departed 7:15 pm)
Michelle Sanchez, Director of Development Services
BOARD MEMBERS ABSENT
Richard Dziewit, Alternate
Rebekah Inmon, Alternate
OTHERS PRESENT
Robert Brockman, 1000 Elbel
Colby Denison, Merritt Lakeside
Debbie Perrone, 1236 Dove Meadows
Mark Roberts, 4300 Spanish Oak
Amalia Hamilton, 608 Mitchell
1.
CALL TO ORDER/ROLL CALL
Mr. Hartzog called the regular meeting to order at 6:07 pm.
2.
RECOGNITION OF REAPPOINTED BOARD MEMBERS.
A.
Election of Chairman.
B.
Election of Vice-Chairman.
Board Members Slocum and McQueen were recognized as reappointed members and administered the
Oath of Office.
The election of Chairman and Vice-Chairman was postponed until all members of the Board are
present.
3.
SEAT ALTERNATE MEMBER TO ACT IF REQUIRED.
No action required.
4.
HEARING OF RESIDENTS
No citizen comments.
5.
MINUTES:
A.
Regular Meeting - September 27, 20 I 0
Mr. McQueen moved to approve the minutes. Mr. Slocum seconded the motion. Vote was unanimous.
Motion carried.
Minutes
Board of Adjustment
November 29,2010
Page 1 00
6.
PUBLIC HEARINGS:
A.
BOA 2010 - 017 611 Mitchell- Setback Variance
Hold a public hearing to consider a variance to the Unified Development Code (UDC), Article 5,
Section 21.5.7 to allow an encroachment of the required twenty-five foot (25') front yard setback by
three foot (3') to construct a carport at 611 Mitchell.
Public hearing opened at 6: 1 0 pm.
Ms. Sanchez gave a short presentation on the variance request. She advised the Board that the applicant has
requested a variance to allow a reduction in the minimum front yard setback requirements of the Unified
Development Code (UDC). This lot was developed in 1971 and various additions and improvements have
been made over the years including a metal carport cover. The applicant is proposing to remove the existing
metal carport cover and construct a new carport with the same material as the primary structure and it will
become an integral part of the main residential structure. The public hearing notices were published and
mailed with five (5) responses received in favor of the variance. Ms. Sanchez offered staffs recommendation.
Mr. Hartzog recognized the following to speak:
. Ms. Anderson commented that she wants to construct a carport to cover her car.
. Ms. Hamilton commented that she was in favor of the request.
. Robert Brockman asked for clarification on the dimensions and the amount of variance requested.
. Ms. Sanchez responded.
There being no one else to speak the public hearing closed at 6:22 pm.
Discussion followed between the Board, staff and the applicant on the size of the existing and proposed
carport, and the neighborhood carports.
Mr. Slocum moved to disapprove the variance request. Mr. Montgomery seconded the motion. Vote
unanimous. Motion carried.
B. BOA 2010 - 018 Merritt Lakeside Senior Village - Parking Variance
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 from the required 440 spaces to 231 spaces at 1222
Borgfeld Road.
Public hearing opened at 6:29 pm.
Ms. Sanchez gave a short presentation on the applicants request to allow a reduction in the parking
requirements of the Unified Development Code (UDC) in a multi-family zoning district from the required 1.5
spaces per bedroom to .75 spaces per bedroom. The result would be a reduction of209 total parking spaces
from the required 440 spaces required. Total parking spaces proposed for the development is 231 spaces.
Planning staff and Management met with the Developer on October 12, 2010 related to the parking variance
request. The applicant is proposing a Declaration of Restrictive Covenant and Development Agreement that
has been reviewed by the City Attorney and the City Council has heard the terms of the agreement. She stated
that the public hearing notices were published and mailed with two (2) responses received in favor of the
variance. Ms. Sanchez offered staffs recommendation.
Mr. Hartzog recognized the following to speak:
. Mr. Denison made a short presentation on the request and survey that was performed at other senior
living sites. He commented on the facilities, amenities and the agreement.
. Debbie Perrone commented on the overflow parking that will occur in the neighborhood if parking
spaces are eliminated. She commented on the existing parking problems on Borgfeld Road and asked
if Borgfeld will be widened?
. Mr. Brockman commented on the size of parking spaces, visitors and staff parking, the parking
agreement and stated that he agreed with Ms. Perrone.
. Mr. Denison responded that there will be approximately five (5) staff members.
Minutes
Board of Adjustment
November 29, 2010
Page 2 00
. Mr. Roberts commented on parking concerns at peak times and the amount of parking; he does not
want an issue like the parking issues at Tri County. He commented on the development agreement
and the possibility that the developer would not have the money to construct the parking if it was
found to be necessary at a later date.
There being no one else to speak the Public hearing closed at 7:09 pm.
Mr. Slocum questioned the applicant on the estimated cost avoidance if the parking was not constructed and
the State funding.
Mr. Denison responded that the reduction in parking was not economic and commented on the State funding.
There was a short discussion between the Board, Staff and applicant on parking study, detention ponds and
FM 3009 traffic.
Mr. Slocum commented that the variance request did not meet the requirement for a hardship.
Mr. McQueen moved to disapprove the item. Mr. Slocum seconded the motion. Vote: 1/4 with Board
Members Montgomery, McElroy, McQueen and Hartzog voting nay. Motion failed.
Mr. Hartzog moved that BOA 2010-018 be approved as presented with the condition that the Schertz City
Council approve a Declaration of Restrictive Covenant and Development Agreement that the number of
parking spaces required by the Unified Development Code (UDC) shall be provided by the property owner
when and as required by the terms and conditions of said Agreement. Mr. Montgomery seconded the motion.
Vote: 4/1 with Board Member McQueen voting nay. Motion carried.
7.
REQUESTS AND ANNOUNCEMENT:
A.
Requests by Members to place items on a future Board of Adjustment
No requests.
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 commented on the death of Edmond Kuemple, the tree lighting ceremony and Festival of
Angels.
C. Announcements by City Staff
. City and community events attended and to be attended
Ms. Sanchez announced the following:
. New roster provided.
. 2011 Calendar provided.
. Wished all a Merry Christmas and safe and Happy New Year!
8.
ADJOURNMENT
The meeting adjourned at 7:41 P.M.
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Recording Secretary, City of Schertz
Minutes
Board of Adjustment
November 29, 2010
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