BOA 05-02-2005
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BOARD OF ADJUSTMENT
MONDAY, MAY 2, 2005
MINUTES
The Schertz Board of Adjustment convened a public hearing on Monday, May 2, 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
Ted Duigon, Vice Chairman
James C. Harden, Jr. ( arrived late)
William Sommers, P&Z Commissioner
CITY STAFF
Misty Nichols, Planning Technician
Jonette Ellis, Planning Technician
MEMBERS ABSENT
OTHERS PRESENT
Robert Brockman, 1000 Elbel
Russell and Mary Graham, 1911 Myra Ave.
Brent Chappell, 714 Morning Hill
Mary Burger, 3705 Hillside
1. Call to Order/Roll Call
Chairman Hartzog called the meeting to order at 6:00 p.m.
2. BOA2005-001
PUBLIC HEARING on a request for a 5-foot encroachment into the 20-foot front yard setback
and a 3-foot, I-inch encroachment into the 10-foot rear yard setback of Lot 32, Block 3 of Scenic
Hills, Unit 1 (3701 Hill Side).
Applicant: Russell and Mary Graham
Chairman Hartzog opened the meeting for a public hearing.
Ms. Ellis reviewed staff comments explaining the reason for the variance request. The Planning and
Zoning Commission met on April 26, 2005 and voted unanimously to recommend approval for this
request.
This subdivision was annexed into the city after development occurred. This lot was platted with a 20-
foot front building line, and we have determined that this development would place this in the
classification of the R-5 District, which has a 10-foot rear yard setback.
The applicant had originally submitted a request to encroach 2- feet into the front setback and 8' -1" into
the rear setback. Due to a utility and drainage easement at the rear of the property, staff worked with the
applicant to move the house forward and reduce the sunroom by 2-feet. The square footage of the home
is 2,086.
Staff has determined that the homeowners association has allowed various setbacks for their community
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May 2, 2005
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prior to the City's annexation, therefore other properties are enjoying rights that are being denied to the
applicant. Staff does not believe that granting this variance would be detrimental to public welfare or
injury to the value of the property in the vicinity.
The applicant is requesting to encroach 5-feet into the front setback for their garage and 3-feet, I-inch into
the rear setback for a screened in porch.
Eight letters of notification were mailed, and the Planning Department received one letter for the request
and one letter in opposition to the request.
Mr. Duigon stated that he would prefer to see the house moved closer to the rear with less of an
encroachment of the front yard setback.
Ms. Ellis explained that water drains toward the rear of the property, moving the house back could
potentially create problems.
Mr. Brockman stated that he was in favor of the development.
Ms. Graham stated that she wasn't aware any restrictions, ordinances, or codes that pertained to the
property when she purchased the property. She understood that Scenic Hills Architectural Review Board
was the approval authority for her plans.
Mr. Chappell mentioned that space was needed for proper drainage and is opposed.
Ms. Burger stated that she was concerned that none of her neighbors had received the notification letter
and did not realize that she could respond by letter. She is opposed to the large house.
Mr. Duigon mentioned that this totals four replies opposed to the request and two in favor.
Mr. Hartzog closed the Public Hearing at 6:27 p.m.
3. BOA2005-001
Discuss and take appropriate action on a request for a 5-foot encroachment into the 20-foot
front yard setback and a 3-foot, I-inch encroachment into the 10-foot rear yard setback of Lot
32, Block 3 of Scenic Hills, Unit-l (3701 Hill Side).
Applicant: Russell and Mary Graham
Mr. Duigon moved to table this item until evaluated by staff without additional fee, come back with the
original request showing the lesser front yard encroachment.
Motion failed for lack of a second.
Mr. Potempa moved to approve as requested by applicant. Mr. Harden seconded that motion.
Voting Aye: Mr. Potempa, Ms. Hill, Mr. Hartzog, Mr. Harden Voting Nay: Mr. Duigon. Motion carried.
4. Discuss and take appropriate action to approve the minutes for the October 18, 2004 Board of
Adjustment meeting.
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Mr. Duigon moved to approve the minutes for October l8, 2004. Mr. Potempa seconded the motion.
Motion carried. Vote unanimous.
5. Items by Commissioners and City Staff
Ms. Ellis provided the Board with an activity report from January through May of this 2005. She invited
the Board members to a reception for the new City Manager, Don Taylor on Monday, May 16, 2005 at
6:00 P.M.. She mentioned that the city is looking for a new Planning Director.
Mr. Dui20n mentioned that he now is a lucky member of the Sign Review Committee that consists of
eight member in an attempt to standardize the sign ordinance to be presented to Council for approval.
Mr. Sommers stated that he was in Georgia and mentioned that there he drove several stretches of
highway and noticed no sign on the interstate. He stated that Schertz should pass a resolution for a
moratorium in the city's sign ordinance until a new sign ordinance is adopted.
Adjournment
Mr. Hartzog adjourned the meeting at 6:40 P.M.
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