1.31.22 BOA Final approved 3.6BOARD OF ADJUSTMENT MINUTES
January 31, 2022
The Schertz Board of Adjustment convened on January 31, 2022 at 6:00 p.m. at the Municipal Complex, Council
Chambers, 1400 Schertz Parkway Building #4, Schertz, Texas.
Present: Richard Dziewit, Chair
Earl Hartzog, Board Member
Frank McElroy, Board Member
Yvonne Griffen, Board Member
Absent: Reginna Agee, Board Member
Danielene Salas, Board Member
City Staff: Brian James, Assistant City Manager
Lesa Wood, Director of Planning & Community Development
Megan Harrison, Planner
Daniel Santee, City Attorney
Tiffany Danhof, Administrative Assistant
1. CALL TO ORDER / ROLL CALL
Mr. Dziewit Called the meeting to order at 6:01 P.M.
2. SEAT ALTERNATE TO ACT IF REQUIRED
Mrs. Griffin was seated as the alternate.
3. HEARING OF RESIDENTS
Residents who choose to watch the meeting via 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, January 31, 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.
4. PRESENTATION AND DISCUSSION:
A. Presentation and Discussion on the Board of Adjustment Laws, Rules, and Regulations
Daniel Santee provided a presentation.
5. CONSENT AGENDA:
A. Minutes for the July 27, 2020, Regular Meeting.
Motioned by Board Member Frank McElroy, seconded by Board Member Earl Hartzog to
approve
Vote: 4 - 0 Passed
6. 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. BOA2021 -001 Hold a public hearing, consider and act upon a request for a variance to the
Unified Development Code Article 11, Signs and Advertising, in order to permit a second
multi- tenant sign, increased maximum wall sign area, increased number of wall signs for two
proposed signs, removal of the requirement for masonry on multi- tenant signs, and to
remove the requirement that all text or graphic elements be limited to 6 inches from outer
limits, located at 3701 FM 3009, City of Schertz, Guadalupe County, Texas.
Mrs. Harrison and the applicant gave a presentation.
Mr. Dziewit opened the public hearing at 6:41 P.M.
Margie Crenshaw- 3708 William Scarebrough
Mr. Dziewit closed the public hearing at 6:43 P.M.
There was a discussion on:
• Clarification on staffs recommendation
• Masonry requirements
• Sign size requirements
• Roadway sign /electronic requirements
• Reviewing /modifications on Sign ordinance
Motioned by Board Member Frank McElroy, seconded by Board Member Yvonne
Griffen to approve UDC Sec.21.11.9.0 4 wall signs
Vote: 4 - 0 Passed
Motioned by Board Member Frank McElroy, seconded by Board Member Earl Hartzog to
approve UDC Sec.21.11.9.0 2 wall signs on one wall
Vote: 4 - 0 Passed
Motioned by Board Member Earl Hartzog, seconded by Board Member Frank McElroy to
disapprove UDC Sec.21.11.12.D 2 multi- tenant signs
Vote: 2 - 2 Failed
NAY: Chair Richard Dziewit
Board Member Yvonne Griffen
Motioned by Board Member Yvonne Griffen, seconded by Chair Richard Dziewit to
approve UDC Sec.21.11.12.D 2 multi- tenant signs
Vote: 2 - 2 Failed
NAY: Board Member Earl Hartzog
Board Member Frank McElroy
Motioned by Board Member Yvonne Griffen, seconded by Board Member Earl Hartzog to
approve UDC Sec.21.11.12.D 2 multi- tenant signs
Vote: 2 - 2 Failed
NAY: Board Member Earl Hartzog
Board Member Frank McElroy
Motioned by Board Member Frank McElroy, seconded by Board Member Yvonne
Griffen to approve UDC Sec.21.11.12.C, UDC Sec.21.11.12.G, and UDC
Sec.21.11.12.G
Vote: 4 - 0 Passed
B. BOA2021 -002 Hold a hearing, consider and act upon a request for a variance to Unified
Development Code Article 5, Section 21.5.7 Dimensional and Development Standards,
Single - Family Residential District -6 (R -6) in order to reduce the front yard setback from
twenty -five feet (25') to twenty feet (20'), reduce the side yard setback from ten feet (10') to
five feet (5') and reduce the rear yard setback from twenty feet (20') to zero feet (0'), located
at 3709 Hillside, City of Schertz, Guadalupe County, Texas.
Mrs. Harrison and the applicant gave a presentation.
Mr. Dziewit opened the public hearing at 7:34 P.M.
Pia Caruso- 3705 Hillside
Mr. Dziewit closed the public hearing at 7:43 P.M.
There was a discussion on:
. Clarification of the re -plat, parcel, zoning, and annexation of the property
• Square feet of proposed new home
Motioned by Board Member Frank McElroy, seconded by Board Member Yvonne Griffen to
approve
Vote: 3 - 1 Failed
NAY: Board Member Earl Hartzog
Due to the Board of Adjustment having 4 members present, since 3 members voted aye and
1 member voted nay, the motion failed and the variance request was denied.
C. BOA2022 -001 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 Development
Standards, General Business District (GB) in order to reduce the front setback from fifty feet
(50') to twelve feet (12'), and to Unified Development Code Article 14, Section 21.14.3.0 to
eliminate the twenty -foot (20') landscape buffer requirement adjacent to public right -of -way,
located at 16842 IH -35, City of Schertz, Guadalupe County, Texas.
Mrs. Harrison and the applicant gave a presentation.
Mr. Dziewit opened the public hearing at 8:03 P.M.
No one spoke.
Mr. Dziewit closed the public hearing at 8:04 P.M.
There was a discussion on:
• Clarification on immanent domain of current structure on the property
Motioned by Board Member Frank McElroy, seconded by Board Member Yvonne Griffen to
approve
Vote: 3 - 1 Failed
NAY: Board Member Earl Hartzog
Due to the Board of Adjustment having 4 members present, since 3 members voted aye and
1 member voted nay, the motion failed, and the variance request was denied.
7. 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 Members.
B. Announcements by City Staff
• City and community events attended and to be attended
• Continuing education events attended and to be attended
There were no announcements by City Staff.
8. ADJOURNMENT OF THE REGULAR MEETING
Mr. Dziewit adjourned the regular meeting at 8:00 P.M.
ChairFnan, Board of Adjustment Record e retary, City o the