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BOA 04-28-2008 BOARD OF ADJUSTMENT MINUTES April 28, 2008 The Schertz Board of Adjustment convened on April 28, 2008 at 6:00 p.m. at the Municipal Complex, Council Chambers, 1400 Schertz Parkway Building #4, Schertz, Texas. ........ BOARD OF ADJUSTMENT Earl Hartzog, Chairman James Harden Darlene Price Norman Slocum Donald McQueen, Alternate Tony Wilenchik, City Council Liaison William Sommers, Planning and Zoning Liaison CITY STAFF Thomas Rhodes, Mitchell Planning Group Lesa Wood, Planning Technician David Harris, Assistant City Manager Don Taylor, City Manager Michael Spain, City Attorney BOARD MEMBERS ABSENT Joe Potempa, Vice Chairman Leonard Weinand Jr., Alternate OTHERS PRESENT Robert Brockman, 1000 Elbel Mike Drury, Chandler Signs Michael Carpenter, City Council John Trayhan, City Council Cedric Edwards, Planning and Zoning Commissioner David Richmond, Planning and Zoning Commissioner Gary Wallace, Planning and Zoning Commissioner Ernie Evans, Planning and Zoning Commissioner Ken Greenwald, Planning and Zoning Commissioner Robin Tutschke, Planning and Zoning Commissioner 1. CALL TO ORDER/ROLL CALL ......... Mr. Hartzog called the meeting to order at 6:02 P.M. 2. HEARING OF RESIDENTS No Citizen comments. 3. Consider and act upon the Board of Adjustment minutes for March 24, 2008. Following reading of the agenda item, Mr. Harden moved to approve the item. Mr. McQueen seconded the motion. Vote was unanimous. Motion carried. 4. PUBLIC HEARINGS: A. BOA 2008-004-A FM 78 and Mill Street Variance to Article VI, Table VI-B to allow a ten foot (10') reduction in the required 25 foot front yard setback resulting in a minimum front yard setback of 15 feet. (The applicant has requested to withdraw this item) """'" Minutes Board of Adjustment April 28, 2008 Page I on B. BOA 2008-004-B FM 78 and Mill Street Variance to Article X, Section 7.2 to allow a reduction in the minimum number of parking spaces required for Retail Sales and Service establishment from six (6) spaces to four (4) spaces. (The applicant has requested to withdraw this item) v Ms. Price moved to untable items 4A and 4B. Mr. Harden seconded the motion. Vote was unanimous. Motion carried. Mr. Rhodes advised the Board that the applicant has officially withdrawn items SA and 5B and not action will be necessary. C. BOA 2008-007 6032 FM 3009, Suite 190 Variance to Article IX, Section i, of the Unified Development Code (UDC) relating to the maximum area of a permitted wall sign for a business located on Lot 4, Block 1 of the FM 3009 Retail Subdivision located at the northeast comer of Four Oaks Lane and FM 3009 being 6032 FM 3009, Suite 190. Public hearing opened at 6:05 pm. Mr. Rhodes reviewed staff comments. Mr. Hartzog recognized the following citizen: . Bill Sommers, Planning and Zoning Commissioner, suggested that the Board look at the information provided on the application. This application does not state a hardship under our UDC. . Mike Drury, Chandler Signs, made an appeal to the Board to grant this variance request. There being no one else to speak the Public hearing closed at 6: 11 pm. After a short discussion, Mr. Slocum moved to disapprove the variance request. Mr. McQueen seconded the motion. Voting Aye: Mr. Slocum, Ms. Price, and Mr. McQueen. Voting Nay: Mr. Harden and Mr. Hartzog. Motion carried. ......J 5. PRESENTATION AND TRAINING: Presentation and training on the responsibilities of the Board of Adjustment by: . Fulbright and Jaworski, Michael Spain I Jamie French . Mitchell Planning Group, David Cancialosi and Thomas Rhodes Michael Spain, David Cancialosi and Thomas Rhodes presented the following: . Duties of the Board of Adjustment . Open Records Act . Open Meetings Act . A question and answer session 6. ITEMS BY COUNCIL, COMMISSION AND STAFF A. City Council Comments Mr. Taylor thanked the Board on behalf of the Council. B. Planning Manager Comments Mr. Rhodes -....J Minutes Board of Adjustment April 28, 2008 Page 2 of 3 C. Board of Adjustment Member Comments ........ Mr. Mcqueen: No comments. Ms. Price: No comments. Mr. Slocum: No comments. Mr. Harden: No comments. Mr. Hartzog: Reminded the members that the meetings are the 4th Monday of each month. He requested staff to update the member list and the calendar. 7. ADJOURNMENT The meeting adjourned at 7:42 P.M. & tL0~ Recording Secretary, City of Schertz -....... """'" Minutes Board of Adjustment April 28, 2008 Page 3 on