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BOA 04-21-2003 . 4 BOARD OF ADJUSTMENT _____~_MOltDAY,APBlL2t,2003... MINUTES The Schertz Board of Adjustment convened a public hearing on Monday, April 21, 2003 at 6:30 . p.m. in the Municipal Complex Council Chambers, 1400 Schertz Parkway, Schertz, Texas. BOARD OF ADJUSTMENT Earl Hartzog, Chairman Joe Potempa James C. Harden Norman Slocum, Alternate . William Sommers, Planning and Zoning Commissioner CITY STAFF Leonard Truitt, Building Official Misty Nichols, Recording Secretary Amy Madison, Community Development Director MEMBERS ABSENT Kathy Hill Ted Duigon, Vice Chairman OTHERS PRESENT Robert Brockman, 4505 Grand Forrest Allan McFalls, 494 Holliwell Bridge Terry Whitson, 2463 Woodbridge Way Stacy Seme, 474 McBride Bridge 1. The meeting of April 21, 2003 was called to order at 6:30p.m. 2. Approval of minutes: There were no minutes published at this time. 3. Public Hearing: Chairman Hartzog opened the public hearing for the request from Highland Homes to encroach into the rear yard setback from 50-feet to 2O-feet for the construction of a new home at 499 Holliwell Bridge. The Chairman asked if staff had any comments. Mr. Truitt stated that this lot is pie shaped, and it also backs to Schertz Parkway, which has a landscape easement of 10-feet with a masonry fence on the property. This gives the owner a very small back yard of onty 10-feet between the house and the fence. There were 9 letters sent and zero were returned. Mr. Sommers stated that the Planning and Zoning Commission recommends disapproval of this request because there is no hardship. The builder needs to consider what type of house should fit on these odd shaped lots. Chairman Hartzog asked for speakers for or against this request. Mr. Terry Whitson, 2463 Woodbridge Way, stated that he is not in favor of this request. He stated that the homes are too large for the lot size. Mr. Harden stated that in addition to this, the small yards end up with many requests for variances of pools, decks, and storage sheds. Board of Adjusbnenl Minutes - 04121/03 Page 1 of3 . ~ , Mr. Allan McFalls, 494 Hol/iwell Bridge, stated that he lives next door to this property and he is not in favor of this request. _ _ ______________ --u-Mr:Robert Brockman, 4505 Grand Forest, stated that he walked this lot and is also against the request. There is plenty of land in Texas and does not feel this is the appropriate place for this size home. Ms. Stacy Seme, 454 McBride Bridge, stated that she is against the request. At this time Chairman closed the Public Hearing at 6:45p.m. 4. Action: Mr. Harden stated that if the Board grants this variance, it is very likely we will see the property owner in again for other variances since the lot is odd shaped and won't allow for other structures without encroaching into an easement. He also believes that before long, the homeowner will be complaining of noise issues. Mr. Potempa agreed that if this home is built only 10-feet away from Schertz Parkway, the homeowner is sure to be complaining to the city before long. Mr. Slocum stated that it is important that the Board try to make a balance with the growth of the city. Mr. Slocum moved to disapprove the request from Highland Homes to build a home into the 50-foot setback. Mr. Potempa seconded the motion to disapprove. A vote was called. All were in favor. The motion carried. 5. Items by Board and City Staff: Mr. Hartzog asked if anything has moved forward on the FM 3009 and IH 35 situation. At this time, Amy Madison stated she would like to set out just a few of the parameters of the project. The City is creating a Public improvement District (PIO) and spending $750,000 in order to improve the area so it is safe. The City has brought together thirteen participants in the area with enough votes to begin this project. The City will front the funding of this project and will be receiving the revenues back as the project progresses through the (PID) by taxing the actual entities to recover some of the funds on this project. City Manager, Mark Marquez, stated that the City Attomey would brief City Council in depth on the 30th of April on the proper creation of the (PIO) which includes an advisory board. The city has pledged to pay for 25% of the project. A signal light will be installed at the intersection of an area near the State Bank across FM 3009 to behind Randolph Brooks Federal Credit Union, which will wrap around to Corridor loop. The property owners of HEB, Diamond Shamrock, and McDonalds have agreed to interconnecf for better circulation without having to try to access each from FM 3009. Twenty percent of all accidents in the city occur at this intersection. Currently the city is requesting a deceleration lane for each development on the access roads as well as FM 3009. Mr. Slocum stated that the city sits currently in three Counties: Guadalupe Comal, and Bexar. He asked if there are any plans to bring an emergency service station into the area of Comal or Bexar Counties. Board of Adjusbnenl Minutes - 04121103 Page2of3 , " , Mr. Marquez stated that there is a great deal of cost involved in building new emergency service stations. The city is looking at an area in Comal Countyfor_al1E:l!l~rgency Services building. As fOfBElxafGbunty, it lOoks a81hougli it wnr b-e-a few years before any construction wQuld be considered. Mr. Potempa asked about the building being constructed next to Border Town on IH 35. Ms. Madison explained that it is a strip center that will potentially have a restaurant in it. 6. Chairman Hartzog adjoumed the meeting at 7:08 p.m. . Board 01 AdjUSbnent Minules - 04121/03 Page 3013