BOA 06-25-2007
DEVELOPMENT SERVICES DEPARTMENT
INSPECTION DIVISION
1400 SCHERTZ P ARKW A Y
SCHERTZ, TEXAS 78154-1634
(210) 658-7477, FAX (210) 658-9627
BOARD OF ADJUSTMENT
MONDAY, JUNE 25, 2007
MINUTES
The Schertz Board of Adjustment convened a public hearing on Monday, June 25,2007 at
6:00 p.m. in the Municipal Complex Council Chambers, Building #4,1400 Schertz Parkway,
Schertz, Texas.
BOARD OF ADJUSTMENT
Earl Hartzog, Chairman
Donald McQueen (Alternate)
Norman Slocum
Joe Potempa
William Sommers (P & ZCommissioner)
CITY STAFF
Leonard Truitt-Director of Development Services
Debbie Perrone-Administrative Assistant
Yvonne Baker-Inspection Clerk
MEMBERS ABSENT
Ted Duigon-Vice Chairman
James C. Harden
Leonard Weinand Jr.-Alternate
OTHERS PRESENT
Mr. John G. Johnston
479 Cutler Bridge Schertz, TX
1. CALL TO ORDER:
Mr. Hartzoe: called the meeting to order at 6:00 pm.
2. CITIZEN COMMENTS:
Citizen comments on items other than those listed on this agenda. None
3. Consider and act upon approval of the minutes for June 25, 2007
Mr. Potempa motioned to approve the minutes for May 21, 2007.
Mr. McOueen seconded the motion.
All in favor.
4. PUBLIC HEARING:
A B0A2007-018 LOT 23, BLOCK 25
Public Hearing on a request to encroach 8 feet into the 20-foot rear yard-building setback to
construct a 27 foot 7 inch x 12 foot covered patio located, Lot 23, Block 25,479 Cutler
Bridge, Woodbridge Subdivision. Applicant: John G. Johnson.
Mr. Truitt said that the request to encroach 8 feet into the rear yard set back and to construct
a patio cover over an existing concrete slab would not be an issue. Staffhas reviewed this
request and finds that due to the unique shape of this lot the main structure was placed further
back on this lot, leaving a reduced rear yard. This is a common problem with pie-shaped lots.
Therefore staff recommends approval.
Mr. Sommers said he would like to discuss item number 3 on the variance application,
regarding hardship, which says "not explained in purchase". Developer did not tell Mr.
Johnson what the setback problems were. At closing he would have received information
from the title company indicating what the setbacks were. Planning and Zoning has issues
with the developers cutting lots so small and making irregular shapes, which make it difficult
for people to use the property like they want to. Mr. Sommers agrees with Mr. Truitt that the
issue is not the concrete patio, but the patio cover. Mr. Sommers suggests repetitive decisions,
which constitute hardship can lead to problems in the future.
Mr. Truitt said that if this were a standard shaped lot, the house would have fit into the
setbacks and more than likely the patio cover would not be a problem. Due to the arrangement
ofthe cuddle-sack the only thing that changes is it's lot depth on how much you can use. This
takes away more of the property. This is not an uncommon size floor plan that we would see
anywhere else. This is a reduced floor plan that is used for cuddle-sack sized lot.
Johnnv Johnston (father of John Johnston) said that the back of the house faces west. From
May to October it is very hot and unable to use patio. If patio has a cover it will reduce the
amount of sun into the living room windows and save on electricity.
Mr. Hartzoe: closed the public hearing at 6:15 pm.
Joe Potempa made a motion to accept the variance request BOA2007-18 from Johnny
Johnston to encroach 8 feet into the 20 foot rear yard-building setback to construct a 24 foot 7
inch x 12 foot covered patio located at 479 Cutler Bridge, Lot 23, Block 25, Woodbridge
Subdivision, Unit 2.
Norman Slocum said he has question regarding map showing 12 foot 7 inch. The narrative
states 27 foot. Leonard said that the patio is 12 feet away from house, which on the plat is 27
feet 7 inches wide. The width does not affect anything. Permit is required for patio cover.
Mr. Hartzoe: said rafters are already up. Mr. Johnston said he was not aware that a variance
was needed. Building permit was applied for but not approved. Construction did not continue.
Variance was requested.
Mr. Hartzoe: has motioned to approve this request.
Mr. Potempa seconded the motion.
Mr. Hartzoe: called for a vote.
Vote unanimous, motion carried
5. ITEMS FOR INDIVIDUAL CONSIDERATION:
There were no individual items for consideration.
6. ITEMS FOR DISCUSION by
Board of Adjustment: BOA Bylaws place on the next agenda.
City Staff-None
7. ADJOURNMENT:
Mr. Hartzoe: adjourned the meeting at 6:30 pm.
O~
Chairman, Mr. If<l'rtzog