BOA 07-11-2005
r;
~
BOARD OF ADJUSTMENT
MONDAY, JULY 11,2005
MINUTES
The Schertz Board of Adjustment convened a public hearing on Monday, July 11, 2005 at 6:00
P.M. in the Municipal Complex Council Chambers, 1400 Schertz Parkway, Schertz, Texas.
BOARD OF ADJUSTMENT
Earl Hartzog, Chairman
Joe Potempa
Kathy Hill
Norman Slocum
Peggy Brown, (not voting)
James C. Harden, Jr.
William Sommers, P&Z Commissioner
CITY STAFF
Misty Nichols, Planning Technician
Jonette Ellis, Planning Technician
MEMBERS ABSENT
Ted Duigon, Vice Chairman
OTHERS PRESENT
Robert Brockman, 1000 Elbel Road
Michael Maher, 1329 Arroyo Verde
1. Call to OrderIRoll Call
Chairman Hartzog called the meeting to order at 6:00 p.m.
2. Citizen Comments
Mr. Hartzog stated that the Board of Adjustment does not hear comments from the citizens. He asked that
this item be removed from future agendas.
3. Consider and act upon approval of the May 2, 2005 Board of Adjustment Minutes.
Ms. Hill stated that there was no closing of the Public Hearing; the time of closing should be added to the
minutes.
Ms. Hill moved to approve the minutes with the corrections noted above. Mr. Potempa seconded the
motion. Motion carried. Vote unanimous.
4.A BOA2005-002
Hold a public hearing and consider and act upon a request for a 7-foot encroachment into the 20-foot
rear yard setback for a deck, Lot 106, Block 1 of Arroyo Verde, Unit 2 (1329 Arroyo Verde)
Applicant: Michael and Irene Maher
Ms. Ellis reviewed staff comments and stated:
BACKGROUND:
The applicant requests approval to encroach 7-feet into the rear yard setback for a bi-level wood
deck to accommodate access to the therapeutic sauna. There is a 3'lS.-foot drop from the back door to the
ground level with a back yard that slopes to the rear of the property. The current concrete patio
encroaches approximately I-foot into the rear setback.
Board of Adjustment - Minutes
July 11, 2005
Page 1 on
r'
Sixteen notices were mailed to surrounding property owners and the Planning Department
received three letters in favor of the request.
DISCUSSION:
The following criteria must be reviewed to grant variance and exception applications and in order
to create 'imdings' relative to variances, exceptions, and appeals:
a. Special circumstances or conditions apply to the parcel for which the variance is sought,
which circumstances or conditions are peculiar to such parcel and do not apply generally to
other parcels in the same district or neighborhood and that said circumstances or conditions
are such that the strict application of the provisions of the UDC would deprive the applicant
of the reasonable use of such parcel:
This lot is impacted by a sloping rear yard, a slope that does not allow for accessibility to medically
therapeutic treatments.
b. The granting of the variance will not be detrimental to the public welfare or injurious to
other property or improvements in the district or neighborhood in which the parcel is
located:
Allowing this encroachment will not be detrimental to public welfare or affect any adjacent property.
c. The granting of the variance is necessary for the reasonable use of the parcel and that the
variance granted is the minimum variance that will accomplish this purpose:
Due to physical constraints of the applicant's family member, they are unable to maneuver the steep
stairs and slope to access the therapeutic sauna.
d. The literal enforcement and strict application of the UDC will result in an unnecessary
hardship inconsistent with the general provisions and intent of this ordinance and that in
granting such variance the spirit of the ordinance will be preserved and substantial justice
done:
Granting the encroachment will not violate the intent of the Unified Development Code and would
allow the applicant safe access for the use of the back yard.
STAFF RECOMMENDATION:
Staff has visited the site and has found the property difficult to access for the family member with
disabilities the right to use the therapeutic sauna. Staff does not believe that granting this variance would
be detrimental to the health and welfare of the community and would not violate the intent of the Unified
Development Code. Therefore, staff recommends granting the variance.
Mr. Hertzog asked for the recommendation from the Planning and Zoning Commission. Mr. Brockman
Board of Adjustment - Minutes
July 11, 2005
Page 2 on
r
.
stated that variances should have never been approved by Planning and Zoning Commission and should
be only acted upon by the Board of Adjustment and has no objection to the request. Mr. Hartzog stated
that the Planning and Zoning Commission would forward a recommendation to the Board of Adjustment,
not that they act on this type of variance request.
Mr. Hartzog closed the Public Hearing at 6:23 p.m.
Ms. Hills moved to approve the 7-foot encroachment for a wood deck. Mr. Slocum seconded the motion.
Motion carried. Vote unanimous.
5. Items by Commissioners and City Staff
Ms. Ellis stated this is the last meeting that the Planning Department will be working with the Board of
Adjustment. Mr. Truitt and the Inspections department will be taking over.
Mr. Hartz02 Asked if the city would be receiving a new Post Office. Staff stated that indeed the Post
Office is looking for a new location. He also asked about the construction on FM 3009 in front of the
Silver Tree Subdivision. Staff stated that it is a nursing facility.
Mr. Sommers stated that a Starbucks and climate controlled storage facility have been approved at the IH
35 and Tri-County Parkway location.
Mr. Slocum asked ifthe new Municipal Complex is on time with construction. Ms. Ellis stated that she
could not answer that question.
Mr. Hartz02 Asked that staff enlarge text on the agenda and comments.
6. Adjournment
Mr. Hartzog adjourned the meeting at 6:31 P.M.
~p
. ~~
~tary
Board of Adjustment - Minutes
July 11, 2005
Page 3 of3