11-29-2022 BOA Agenda with Associated DocumentsMEETING AGENDA
SCHERTZ BOARD OF ADJUSTMENT
November 29, 2022
HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS
1400 SCHERTZ PARKWAY BUILDING #4
SCHERTZ, TEXAS 78154
CITY OF SCHERTZ CORE VALUES
Do the right thug
Do the best you can
Treat others the way you want to be treated
Work cooperatively as a tea
attending the meeting in person, residents will have the opportunity to watch the meeting via five stream on the City's YouTube
Channel.
1. CALL TO ORDER / ROLL CALL
3. HEARING OF RESIDENTS
Residents who choose to watch the ineeting via live stream, but who would like to participate tit
Hearing- of Residentsr, should email their comments, to the Planning Division, tit
planning(F schcrizxomby° 5: 0(ip,m, on Tuesday, November 29, 2022, sir that the Planning Division ma-)�
read the public comments into the record under the hearing of'residents, In the boely raf'the email please
include your name, your address, phonc number, agenda item number if applicable or subject t?,
discussion, and your coniments.
This time is set aside for any person who wishes to address the Board of Adjustment. Each person should fill out the Speaker's register prior
to the meeting. Presentations should be limited to no more than three (3) minutes. Discussion by the Board of any item not on the agenda shall
be limited to statements of specific factual information given in response to any inquiry, a recitation of existing policy in response to an
inquiry, and /or a proposal to place the item on a future agenda. The presiding officer, during the Hearing of Residents portion of the agenda,
will call on those persons who have signed up to speak in the order they have registered.
4. CONSENT AGENDA:
A. Minutes for the November 7, 2022, BOA Meeting.
5. PUBLIC HEARING:
The Board of Adjustment will hold a public hearing related to variance requests within this agenda. The public 'hearing will be
opened to receive a report from staff, the applicant, the adjoining property owners affected by the applicant's request, and any
other interested persons. Upon completion, the public hearing will be closed. The Board will discuss and consider the
application, and may request additional information from staff or the applicant, if required. After deliberation, the Board will
act on the applicant's request.
Board of Adjustment November 29, 2022 Page 1 of 2
A. PLVAR20220141 - The property owner of 2937 Mistywood Lane has requested a variance to Unified
Development Code Article 5 Section 21.5.7 Dimensional and Developmental Standards in order to
permit a building expansion (enclosed covered patio) into the required twenty -foot (20') rear setback.
6. ANNOUNCEMENTS:
A. Announcements by Members
City and community events attended and to be attended
Continuing education events attended and to be attended
B. Announcements by City Staff
City and community events attended and to be attended
Continuing education events attended and to be attended
Committee of Committees Advisory Board Meeting Summaries
7. ADJOURNMENT OF THE REGULAR MEETING
CERTIFICATION
I, Samuel Haas, Planner, of the City of Schertz, Texas, do hereby certify that the above agenda was posted on the official bulletin boards on this the 23rd day
of November, 2022 at 12:00 p.m., which is a place readily accessible to the public at all times and that said notice was posted in accordance with chapter 551,
Texas Government Code,
Samuel Haas
Samuel Haas, Planner
I certify that the attached notice and agenda of items to be considered by the Schertz Board of Adjustment was removed from the official bulletin
board on day of , 2022. title:
This facility is accessible in accordance with the Americans with Disabilities Act. Ilandicapped parking spaces are available. If you require special assistance
or have a request for sign interpretative services or other services please call 619 -1030 at least 24 hours in advance of meeting.
The Board of Adjustment for the City of Schertz reserves the right to adjourn into executive session at any time during the course of this meeting to discuss
any of the matters listed above, as authorized by the Texas Open Meetings Act.
Executive Sessions Authorized: This agenda has been reviewed and approved by the City's legal counsel and presence of any subject in any Executive
Session portion of the agenda constitutes a written interpretation of Texas Government Code Chapter 551 by legal counsel for the governmental body and
constitutes an opinion by the attorney that the items discussed therein may be legally discussed in the closed portion of the meeting considering available
opinions of a court of record and opinions of the Texas Attorney General known to the attorney. This provision has been added to this agenda with the intent
to meet all elements necessary to satisfy Texas Government Code Chapter 551.144(c) and the meeting is conducted by all participants in reliance on this
opinion.
Board of Adjustment November 29, 2022 Page 2 of 2
• ll
TO: Board of Adjustment
PREPARED BY: Tiffany Danhof, Administrative Assistant
SUBJECT: Minutes for the November 7, 2022, BOA Meeting.
Attachments
Draft Minutes for the November 7, 2022 BOA Meeting
DRAFT
BOARD OF ADJUSTMENT MINUTES
November 7, 2022
The Schertz Board of Adjustment convened on November 7, 2022 at 6:00 p.m. at the Municipal Complex,
Council Chambers, 1400 Schertz Parkway Building #4, Schertz, Texas.
Present: Richard Dziewit, Chair
Reginna Agee, Board Member
Earl Hartzog, Board Member
Ferrando Heyward, Board Member
Absent: Frank McElroy, Board Member
Danielene Salas, Board Member
Yvonne Griffen, Board Member
City Staff: Emily Delgado, Senior Planner
Tiffany Danhof, Administrative Assistant
Samuel Haas, Planner
Mayor Ralph Gutierrez, Council Liaison
CALL TO ORDER I ROLL CALL
Mr. Dziewit called the meeting to order at 6:01 P.M.
2. SEAT ALTERNATE TO ACT IF REQUIRED
Mr. Heyward was seated as the alternate.
3. HEARING OF RESIDENTS
Residents who choose to watch the rneeting We live stream, but who would like to participate in Hearing of Residents, should
email their comments to the Planning Division, at planning @schertz.com by 5:00p.m. on Monday, November 7, 2022, so that the
Planning Division may read the public comments into the record under the hearing of residents. In the body of the email please
include your name, your address, phone number, agenda item number if applicable or subject of discussion, and your
comments.
This time is set aside for any person who wishes to address the Board of Adjustment. Each person should fill out the Speaker's
register prior to the meeting. Presentations should be limited to no more than three (3) minutes. Discussion by the Board of any
item not on the agenda shall be limited to statements of specific factual information given in response to any inquiry, a recitation
of existing policy in response to an inquiry, and /or a proposal to place the item on a future agenda. The presiding officer, during
the Hearing of Residents portion of the agenda, will call on those persons who have signed up to speak in the order they have
registered.
No one spoke.
4. CONSENT AGENDA:
A. Minutes for the January 31, 2022 Regular Meeting.
Motioned by Board Member Earl Hartzog, seconded by Board Member Reginna Agee to
approve the consent agenda
Vote: 4 - 0 Passed
5. PUBLIC HEARING:
The Board of Adjustment will hold a public hearing related to variance requests within this agenda. The public
hearing will be opened to receive a report from staff, the applicant, the adjoining property owners affected by the
applicant's request, and any other interested persons. Upon completion, the public hearing will be closed. The
Board will discuss and consider the application, and may request additional information from staff or the
applicant, if required. After deliberation, the Board will act on the applicant's request.
A. PLVAR20220141 Hold a public hearing, consider and act upon a request for a variance to
Unified Development Code Article 5 Section 21.5.7 Dimensional and
Developmental Standards, specifically for Single Family Residential (R -6) zoning district in
order to permit a building expansion (enclosed covered patio) into the required twenty -foot
(20') rear setback, located at 2397 Mistywood Lane, City of Schertz, Guadalupe County,
Texas. (Public Hearing to Occur/ No Action will be taken due to notice error)
Mrs. Delgado gave a presentation.
Mr. Dziewit opened the public hearing at 6:06 P.M.
No one spoke
Mr. Dziewit closed the public hearing at 6:07 P.M.
Public hearing occurred, and no action made, the public hearing is moved to November 29,
2022.
B. PLVAR20220155- Hold a public hearing, consider and act upon a request for a variance to
Unified Development Code Article 9, Section 21.9.8 Screening and Fencing, specifically
subsection 21.9.8.B.3 in order to not require an eight foot (8') masonry screening wall
between nonresidential and single family zoned properties, located at 1065 Live Oak Road,
City of Schertz, Guadalupe County, Texas.
Mrs. Delgado gave a presentation.
Mr. Dziewit opened the public hearing at 6:18 P.M.
Mr. Harry Bennett - applicant and chair of the Church of the Good Shepherd
Mayor Ralph Gutierrez- 1016 Silver Tree
Mr. Dziewit closed the public hearing at 6:23 P.M.
There was a discussion on:
• Masonry screening cost and how many meals per dollar
Motioned by Board Member Earl Hartzog, seconded by Board Member Ferrando
Heyward to approve
Vote: 4 - 0 Passed
6. ANNOUNCEMENTS:
A. Announcements by Members
City and community events attended and to be attended
Continuing education events attended and to be attended
There were announcements by Mr. Dziewit.
B. Announcements by City Staff
City and community events attended and to be attended
Continuing education events attended and to be attended
Committee of Committees Advisory Board Meeting Summaries
There were no announcements by City Staff.
7. ADJOURNMENT OF THE REGULAR MEETING
Mr. Dziewit adjourned the regular meeting at 6:27 P.M.
Chairman, Board of Adjustment Recording Secretary, City of Schertz
•
TO: Board of Adjustment
PREPARED BY: Sam Haas, Planner
CASE: PLVAR20220141
SUBJECT: PLVAR20220141 - The property owner of 2937 Mistywood Lane has requested a variance to Unified Development Code
Article 5 Section 21.5.7 Dimensional and Developmental Standards in order to permit a building expansion (enclosed
covered patio) into the required twenty -foot (20') rear setback.
GENERAL INFORMATION:
Owner: Chile Silmer
Applicant: Chile Silmer
REQUEST
The property owner of 2937 Mistywood Lane has requested a variance to Unified Development Code Article 5
Section 21.5.7 Dimensional and Developmental Standards in order to permit a building expansion (enclosed
covered patio) into the required twenty -foot (20') rear setback.
PUBLIC NOTICE:
The public hearing notice was published in the "San Antonio Express" on, November 9th, 2022. There were 36
notices mailed to surrounding property owners on November 8th, 2022. At the time of this staff report, staff has
received one (1) response nuetral.
Also, this variance request was originally set to be heard during the November 7th, 2022, Board of Adjustment
meeting. At that time the mailers were sent out with an addressing error which caused this particular agenda item to
be rescheduled. There were three (3) responses that were received then, one (1) in favor and two (2) opposed.
1ll_Y_J11% -&I 011/ /_1 �•ii
The applicant would like to build an enclosed covered patio, described in the attachments as a "four- season room ",
in the backyard of the subject property. The applicant's property is zoned Single - Family Residential R -7 and has a
20 -foot rear set -back design requirement. The structure on the property is built up to the set -back line. Current
zoning requirements would prevent this structure from being built, thus a variance has been requested.
Unified Development Code (UDC) Article 5 Section 21.5.7.A Dimensional
D Minimum Lot Size and Minimum Yard Setback (Ft)
Dimensions
Area Sq.
Width Ft. Depth
Front
Side
JRcar Impervious
Ft.
Ft.
Ft.
Ft.
IFt. Coverage
R -7 ,600
60ro ---- -- 1 -----
25 �e
I�- -
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20 [50%
The "four- season" room will be a 10 ft. x 16 ft. attached enclosed structure extending from an already existing
covered patio. The new structure will extend approximately 8 ft. into the setback line. The applicant claims this
room will be for leisure purposes only.
SUBJECT PROPERTY GENERAL LOCATION, LAND USE AND ZONING:
The property is located at 2937 Mistywood Lane, in the Riata Unit 3B subdivision.
Existing Zoning Land Use
Single- Family Residential Single- Family
(R -7) Residential
CRITERIA FOR REVIEW
According to Unified Development Code (UDC), Article 3, Section 21.3.43, in order to make a finding of hardship
and grant a variance from the zoning regulations of the UDC, the Board must determine the following:
1. The requested variance does violate the intent of the UDC or its amendments;
The purpose of UDC section 21.5.7 is to detail design requirements for the various zoning districts to lessen the
congestion in the streets, to secure safety from fire, panic and other dangers, to ensure adequate light and air, to
prevent the overcrowding of land and thus avoid undue concentration of population. Each lot has impervious
coverage requirements to ensure adequate open space and prevent excessive stormwater runoff. Setbacks are used to
help meet these requirements.
They are established with reasonable consideration for, among other things, the character of each zoning district and
its peculiar suitability for the particular uses specified, conserving the value of buildings and environmentally
sensitive features, and encouraging the most appropriate use of land throughout the City. This variance increases the
building footprint by constructing a 10 ft. x 16 ft. enclosed structure which will encroach 8 ft, into the rear setback
which will violate the intent of the UDC.
2. Special conditions of restricted area, topography or physical features do not exist that are peculiar to the
subject parcel of land and are not applicable to other parcels of land in the same zoning district;
There are no special conditions of restricted area, topography, or physical features that are peculiar to this parcel
compared with the parcels in the proximity in the same zoning district.
3. The hardship is the result of the applicant's own actions;
The applicant is requesting a variance to build into his setback line. There is no hardship as a result of factors
outside the control of the applicant. Therefore, if the applicant is considering not being allowed to build into his
setback line a hardship, it is the result of his own actions.
4. The interpretation of the provisions in this UDC or any amendments thereto would deprive the applicant
of rights commonly enjoyed by other properties in the same zoning district that comply with the same
provisions.
Every zoning district in the city has setback requirements that the city enforces. The R -7 single - family zoning
district was deliberately considered and designed to have a 20 ft. rear setback. Allowing an encroachment into
setbacks will violate the intent of the UDC.
STAFF ANALYSIS AND RECOMMENDATION:
Staff recommends denial of PLVAR20220141, a request for a variance to UDC Section 21.5.7 Dimensional and
Developmental Standards to build into 20 foot rear setback line.
Attachments
Aerial. Exhibit
Public Hearing Notice Map
Variance Application & Supporting Documents
11 /7 PH Responses
New PH Responses
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CASE NUMBER
CITY OF SCHERTZ
VARIANCE CHECKLIST
APPLICATION COMPLETENESS REQUIREMENTS:
Fees including breakdown of calculations on a separate sheet
Development Application signed by owner and notarized
This checklist (signed by applicant /representative)
One (1) set of plans (11" x 8 1/2 ") prepared in accordance with the checklist
One (1) compact disc of all exhibits /applications electronically scanned (pdf and jpg)
* *Do notleave anvltems unchecked **
#4, our home association approved previously the construction of a pool and we instead
choose for a 4 searon room.
16- Variance Checklist
Updated 10.2009
Page 1 of 2
4
V
6
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TECHNICAL REQUIREMENTS
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1
A survey of the subject property showing property dimensions, building locations,
setback dimensions, and other applicable information.
_V/
2
Photos or additional information deemed appropriate for justification.
V
3
If homeowner's association is in effect, provide an affidavit from an authorized
representative of the association certifying that the association has approved the
requested variance.
V
4
Such other information as the City Planning Department or the Board of
Adjustment Members may require to determine full compliance with the UDC and
other applicable ordinances of the City.
V
5
Description of the requested variance and hardship.
V
V
6
justification for the requested variance.
V
V
7
Site Plan and elevation drawing of the proposed sign, dimensions, materials, colors,
caption of the proposed sign, and such other data (such as lighting) as are pertinent
to the application. Pictures and other back up documentation may be requested.
V
8
Provide the following information: type of proposed sign (monument, free - standing,
building, directory, etc.), dimensions of building face elevation (height and length),
square feet of each sign requested.
V
9
Show detail if illuminated, or add a statement indicating no illumination will be used.
V
10
Legend for abbreviations or symbols used.
V
#4, our home association approved previously the construction of a pool and we instead
choose for a 4 searon room.
16- Variance Checklist
Updated 10.2009
Page 1 of 2
CASE NUMBER Variance - G144793
Board of Adjustment may grant variances or modifications of height, yard, area, coverage, parking regulations, accessory
building and non - conforming use subject to making a finding of hardship that the variance meets all four of the following
criteria. State how your request meets these conditions.
Description of
• an extension of our • •. • t • • wHI become an enclosed room •• room)
1. Does the requested variance violate the intent of the Unified Development Code or deprive the applicant of right
commonly enjoyed by other properties in the same zoning district that comply:` with the same provisions?
Yes ❑ No
Explain: We have plenty of our neighbors that already installed pools or porch extensions in their back garden, the majority of the houses in our area are about the same size and more
Ilkely they got approvals regarding the variant in order to build these structures. We would like to install these room which helps greatly during the heat and cold season,
this room will be not use as business at any time, it is just to help us take care of some our plants and enjoy our garden
2. Do special conditions or restricted area, shape, topography, or physical features exist that are irrr to the subject
parcel of land and not applicable to other parcels of land in the same zoning districts? 11 Yes
Explain: No, our neighboors already have permanent structures already being builded in their
backyards.
3. Is the hardship the result of the applicant's own actions or intended for financial interest? ❑ Yes VNo
Explain: This addition to the house will not be use to promote any personal business. This addition
will only be use to keep tropical plants inside and for us to enioy our garden.
4. Would granting this variance be detrimental to the public welfare or injurious to the value of property in the vicinity?
❑ Yes VNo
Explain: This addition will be a huge plus for the property and will not be a public welfare or affect
the vicinity.
Preparer's Signature:
Printed Name: SILMER CHILE
Date prepared: 10/3!2022
16- Variance Checklist
Updated 10.2009
Page 2 of 2
LOT plan /dimensions
LOT plan/dimensions
Four season plan
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DEVELOPMENT
Samuel Haas
Planner
I am: in favor of It/
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Reply Form
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STREET ADDRESS:
DATE:
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1400 Schertz Parkway Schertz, Texas 78154 210.619.1000
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