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BOA 05-22-2006 ......... BOARD OF ADJUSTMENT MONDAY, MAY 22, 2006 MINUTES The Schertz Board of Adjustment convened a public hearing on Monday, May 22, 2006 at 6:00 p.m. in the Municipal Complex Council Chambers, Building #4, 1400 Schertz Parkway, Schertz, Texas. CITY STAFF Leonard Truitt, Building Official Jonette Ellis, Planner I BOARD OF ADJUSTMENT Earl Hartzog, Chairman Ted Duigon, Vice Chairman Joe Potempa James C. Harden, Jf. William Sommers, P&Z Commissioner OTHERS PRESENT Darrell Keller, 1234 San Francisco St., SA, TX John Roy, 70 N.E. Loop 410, Ste #450, SA, TX Larry Gottsman, 857 Estes Ave., SA, TX Edward Gutierrez, Comet Neon Adv. Co. Doug Stohlmann, 2549 Hourless Oaks Julio Dimes Jerry Capt Kathy Hill MEMBERS ABSENT Norman Slocum, Alternate 1. "'-' 2. 3. "-' Call to Order/Roll Call Chairman Hartzog called the meeting to order at 6:30 p.m. Presenting plaque to Ms Hill was Mayor Baldwin in recognition for dedication to the Board of Adjustment from Feb 1998 and Feb 2006. Ms Hill commented that it has been an honor and a privilege working with the Board of Adjustment members. Citizen Comments: No Comments Consider and act upon approval ofthe minutes for February 27, 2006. Minutes were approved with changes made. Mr. PotemDa made a motion to approve the minutes with changes made to them. Mr. Harden seconds the motion to approve the minutes. Motion carried. Vote unanimous. 4. Public Hearing Chairman Hartzog opened the public hearing on the request for variance B0A2006-005 The Chairman stated that this public hearing would accept public input on the specified BOA item and that the BOA would consider all citizens comment's in rendering its decision. A. B0A2006-005 Hold Public Hearing and consider and act upon on a request for a deck that has been built within the side yard setback and extending to property line at 2553 Hourless Oaks, Block: 27, Lot: 2, Belmont Park Subdivision Applicant: Mr. & Mrs. James Land Mr. Truitt: Staffhas reviewed this project and finds that the deck is constructed at ground level and ......... 5. ...... no easements are located within this area. Staff further finds that no safety issues exist, and therefore recommend approval. However, if approved Mr. Land will be required to obtain a building permit at double the cost. Four (4) letters sent out and with 2 responses in favor. Mr. Sommers representing Planning and Zoning said that this was an unintentional violation and should be approved. Mr. Stohlmann, 2549 Hourless Oaks neighbor has no issue with the deck and is in favor of approving the deck. Joe Potemoa questioned whether the applicant aware or not aware of the city ordinance? Mr. Dui20n commented he was distressed when looking at the survey plat does not appear that neither GVEC nor CPS can agree on easements on either side of the house. GVEC said, "no we don't have an easement that is CPS area", CPS said, "no we only have it on one side of the house yet the survey shows that there is an easement on both sides". Bottom line is that both utilities do not have a problem with the deck therefore I do not have a problem with this deck. Mr. Potempa made a motioned to approve the variance for the deck. The motion was seconded. Motion carried. Vote unanimous Mr. Hartz02 closed the public hearing at 6:40 pm. B0A2006-007 Consider and act upon a variance request for an additional 40 square foot sign on the south side of building to provide visibility from m 35 located at Washington Mutual, 6000 FM 3009, Suite #206, Lot: 1, Block: 6, Waf-Mart Super Center Subdivision. Mr. Truitt: Staffhas reviewed this request and find a that Washington Mutual has an existing twenty-two (22) square foot wall sign located above the front entrance facing FM 3009. They also are displayed on the multi-tenant sign fronting FM 3009 for the Wal-Mart super Center. Staff is concerned that other buildings located on this site and the elevation of the property will only impede visibility of an additional sign and therefore recommends disapproval of this request. Mr. Sommers commented that the applicant has failed to show hardship other than visibility from IH 35. No statement of undue hardship. Mr. Gutierrez representing Comet Neon Signs is requesting a variance for visibility for Wal-Mart customer exiting. Mr. Gutierrez would like the visibility for Wal-Mart customers exiting Wal-Mart. Mr. Dui20n made the motion that the sign request is denied. Mr. Potemoa seconded the motion. Motion carried. Vote unanimous B0A2006-009 6. Consider and act upon a variance request for a multi-tenant pylon sign with a total square footage of513 square feet located at Four Oaks Plaza, Fours Oaks Lane and FM 3009, Lot: N/A, Block: N/A, Wal-Mart Super Center Subdivision. Mr. Truitt: This is a new shopping center that will be built on the corner of Fours Oaks Lane and FM 3009 next to the Wal-Mart Super Center. This sign is similar to the variance granted to Wal- Mart, and therefore, staff recommends approval. Mr. Dui20n asked who decides what size signs the tenant gets for their business. Mr. Rov replied to Mr. Duigon's question in answering the bigger the lease space the bigger the sign. You want to draw the customers in to the bigger businesses. Average size lease space is between 1,800 and 2,300 square feet. Mr. Harden made a motion to approve the sign. The motion was seconded. Motion carried. Mr. Duigon, Mr. Harden, Mr. Potempa voted in favof. Mr. Hartzog vote against. "-' 7. ......... 8. "'-' . . B0A2006-010 Consider and act upon a variance request for two (2) additional 8' x 12' double faced lit monument signs located at FM 3009 and Triton Drive, Lot: 2, Block: 3, 3009 Horizon Subdivision. Mr. Truitt: In review of this request staff finds that this is similar to other developments recently denied. However, other variances have been granted in the past for monument signage that did not exceed (90) ninety square feet in size. In staffs opinion a multi-tenant sign should meet the needs of this development. Mr. Gottsman with Aetna Sign Company. If this request for two multi-tenant signs is approved then applicant will give up any rights to a sign on Triton Dr. Mr. CaDt owner agreeds to give up his rights to a sign on Triton Dr. After a lengthy discussion on the two signs. Mr. Harden made a motion to approve the two signs. Mr. Potemoa seconded the motion. Motion carried. Mr. Hartzog, Mr. Duigon, Mr. Harden, Mr. Potempa voted in favor. B0A2006-011 Consider and act upon a variance for two (2) additional 25 square foot wall signs on the location on the drive through elevation fronting FM 3009 and other on the entrance elevation fronting WaI-Mart located at Whataburger, 5570 FM 3009, Lot: 5, Block: 1, WaI-Mart Super Center Subdivision. Mr. Truitt: This is second variance request from Whataburger to improve visibility at this location. The first request was for an additional freestanding sign, which was denied. You will also find shown on three elevations the Whataburger logo. In staff's opinion the two (2) additional signs are not necessary with the use of logos and the unique design of the building. Mr. Sommers stated the letter from the applicant doesn't meet requirements of a hardship and should be denied. Mr. Dimes with Whataburger. Hardship is that the layout of site was not in their best interest. Front of building facing Wendy's sign is blocked from view. Mr. Dui20n stated that staff should help applicant with requirements and reminded that a hardship needs to be pointed out. Mr. Truitt responded that staff does help applicant with requirements and the application does explain that and there is nothing more that staff can do. Mr. Dui20n made a motion to approve the sign. The motion was seconded. Motion carried. Mr. Hartzog, Mr. Duigon, Mr. Harden voted in favor. Mr. Potempa voted against. 9. Items by Board of Adjustment and City Staff: 10. Adjournment ~n ~~med!,e meeting at 8:11 P.M. Chairman, Earl Hartzog .........