BOA 12-19-2011BOARD OF ADJUSTMENT MINUTES
Special Meeting -December 19, 2011
The Schertz Board of Adjustment convened on December 19, 2011 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
Christopher Montgomery
Norman Slocum
Richard Dziewit
David Reynolds, Alternate
Rebekah Inmon, Alternate
CITY STAFF
Lesa Wood, Planner I
Michelle Sanchez, Director of Development Services
Misty Nichols, Senior Planner
BOARD MEMBERS ABSENT
1. CALL TO ORDER/ROLL CALL
Mark Roberts, Mark Roberts Properties
David Jackson, 124 Webster
Dale Spence, 1101 Vicki Lynn
Mr. Hartzog called the regular meeting to order at 6:00 pm and recognized all members present.
2. RECOGNITION/OATH OF APPOINTED BOARD MEMBERS.
The Chairman Hartzog recognized members Frank McElroy, Christopher Montgomery, David Reynolds and
himself as newly appointed members. Ms. Wood administered the oath of office to each of the appointed
members.
A. Election of Chairman
After the agenda item was read Mr. Slocum asked if anyone on the board would not want to be considered
for work or personal reasons. Chris Montgomery and Norman Slocum stated they did not want to be
considered.
Mr. Slocum nominated Frank McElroy as Chairman. Mr. Dziewit seconded the nomination. Vote was
unanimous. Mr. McElroy took the seat of Chairman.
B. Election ofVice-Chairman
Mr. Slocum nominated Richard Dziewit as Chairman. Mr. Hartzog seconded the nomination. Vote was
unanimous. Mr. Dziewit took the seat ofVice-Chairman.
3. SEAT ALTERNATE MEMBER TO ACT IF REQUIRED.
No action required.
4. HEARING OF RESIDENTS
David Jackson, 124 Webster, explained that the Board should consider the facts and hardship only when
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hearing variance cases.
5. MINUTES:
A. Minutes for October 24, 2011.
Mr. Dziewit moved to approve the minutes. Mr. Slocum seconded the motion. Vote was unanimous.
Motion carried.
6. PUBLIC HEARING:
A. BOA 2011- 005 418 Maple
Hold a public hearing, consider and act upon a variance to Article 5, Section 21.5.7 -Dimensional and
Developmental Standards at 418 Maple to allow a carport to remain where it encroaches the required
twenty-five foot (25') front yard setback by twenty-five foot (25'+).
Public hearing opened at 6:15 pm.
Ms. Sanchez explained Ms. Jackson had contacted her on Thursday, December 15, 2011 and stated that
she was in an accident and was admitted to a rehabilitation center and would not be able to attend the
meeting. She stated that the applicant Ms. Jackson requested a postponement and Ms. Sanchez asked the
Board to grant the postponement. Mr. Hartzog asked about the public hearing notice and fees. Ms.
Sanchez explained that Ms. Jackson was advised of the additional fees for postponement.
Public hearing closed at 6:18 pm.
Mr. Hartzog moved to postpone the variance request until the regularly scheduled January 23, 2012 meeting.
Mr. Montgomery seconded the motion. Vote unanimous. Motion carried.
B. BOA 2011- 003 1000 FM 3009
Hold a public hearing, consider and act upon a variance to Article 9, Section 21.9.8 -Screening and
Fencing at 1000 FM 3009 to allow a wrought iron fence with landscaping to be placed at the rear
property line in lieu of the required eight foot (8') masonry fence.
Public hearing opened at 6:18 pm.
Ms. Sanchez explained that the applicant was requesting a variance to Article 9, Section 21.9.8 -Screening
and Fencing to allow a wrought iron fence with landscaping to be placed at the rear property line in lieu of the
required eight foot (8') masonry fence. The Unified Development Code Article 9, Section 21.9.8 B. 3 states
that where any non-residential use, lot or parcel is adjacent to or separated by only a local street or alley from
a lot or parcel that is zoned for single family residential use, that the non-residential use shall construct a
masonry screening wall a minimum of eight feet (8') in height. The intent of this Article is to provide
guidelines for construction in order to provide an aesthetically pleasing appearance as well as ensure sound
construction and quality. She commented that the public hearing notices were published and mailed with
seven (7) responses received including: five (5) in favor, two (1) neutral and one (1) opposed and she read the
Boards authority and duties on granting variances.
Mr. Roberts, 4300 Spanish Oak, explained his request to allow the wrought iron fence with landscaping. He
explained that the wrought iron would look good and fit in with the surrounding properties better since they
do not have masonry fences. He explained his concern with the vandalism and tagging on a masonry fence
and advised the Board that his business at this location would not have cars staying on the site for more than
one day. He explained that approximately 30 vehicles will go in and out in one day.
There being no one else to speak the public hearing closed at 6:31 pm.
Discussion followed by the Board, Staff and the applicant on the surrounding properties compliance with Ms.
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Sanchez and Ms. Nichols clarified that the masonry fence was required for the Silver Tree where their
property abutted the residential zoned property directly; which complied with the UDC and the time of
development.
Ms. Inmon explained that she agreed with the placement of a wrought iron fence for safety purposes. Mr.
Montgomery asked Mr. Roberts if there was any documentation on the vandalism and safety. Mr. Roberts
responded that he had no documentation. Mr. Hartzog explained his concern with noise and the neighboring
properties. Ms. Inmon commented that she lives in the area and there is no noise from the current location.
Mr. McElroy commented on the rights enjoyed by the neighboring properties. Ms. Sanchez explained that
applicant has the same right to develop the property.
Mr. Hartzog moved to approve the variance request. Mr. Montgomery seconded the motion. Vote unanimous.
Motion carried.
C. BOA 2011- 004 1000 FM 3009
Hold a public hearing, consider and act upon a variance to Article 14, Section 21.14.3 -Additional
Design Requirements at 1000 FM 3009 to allow a fourteen foot (14'+) reduction in the required
twenty foot (20') landscape buffer adjacent to FM 3009 right-of--way.
Public hearing opened at 7:01 pm.
Ms. Sanchez explained that the applicant is requesting a variance to Article 14, Section 21.14.3 -Additional
Design Requirements at 1000 FM 3009 to allow a fourteen foot (14'+) reduction in the required twenty foot
(20') landscape buffer adjacent to FM 3009 right-of--way. The Unified Development Code Article 14, Section
21.14.3 C requires a 20' landscape buffer adjacent to any public right-of way with trees planted; and an
automatic irrigation system installed within the buffer. The purpose of this Article is to ensure uniform and
quality development resulting in an attractive environment compatible with businesses and residential
dwellings. The public hearing notices were published and mailed with six (6) responses received including:
two (2) in favor, zero (0) neutral and four (4) opposed.
Mr. Roberts explained that the TxDot drainage improvements have diverted water into the ROW at the front
of this property. He provided exhibits and explained that the site has been designed to provide adequate
landscaping in the front adjacent to FM 3009 along with parking and visibility for the site.
David Jackson, 124 Webster, explained that past mistakes should not be used to grant variances. He would
like to see the buffer along FM 3009 and that the decision should be made tonight. He commented that he
was opposed to the request.
There being no one else to speak the public hearing closed at 7:15 pm.
Discussion followed between the Board, staff and the applicant regarding the past overlay district
requirements and the proposed landscape plan.
Ms. Nichols explained the requirements of the overlay district. Mr. Dziewit asked if the plan could be revised
to achieve the landscaping required. Ms. Sanchez showed a sketched exhibit offered by staff to show that
with a few adjustments the site could comply. Mr. Slocum asked the applicant what he would achieve by the
reduction. Mr. Roberts explained that he was concerned with pushing the building back and the visibility.
Mr. Hartzog moved to disapprove the variance. Mr. Dziewit seconded the motion. Vote unanimous. Motion
carried.
7. REQUESTS AND ANNOUNCEMENT:
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A. Requests by Members to place items on a future Board of Adjustment Agenda.
No requests.
B. Announcements by Members
City and community events attended and to be attended
Continuing education events attended and to be attended
Mr. McElroy thanked the Board for the trust that was placed him and he hopes to serve the Board well.
C. Announcements by City Staff
City and community events attended and to be attended
Ms. Sanchez commented on the following:
January 23, 2011 meeting to hear the postpone case.
Merry Christmas
Thanked the Board for their service.
8.
ADJOURNMENT
The meeting adjourned at 7:26 P.M.
Ch ' an, oard of Adjustment
1~~.
Recording Secretary, City of Schertz
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Board of Adjustment
December 19, 2011
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