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10-13-1981 ,.., e I. e PLANNING AND ZONING MINUTES The. Planning and Zoning Commission of the City of Schertz convened in Regular Session on Tuesday, October 13, 1981 at 7;00 P.M.~'-in the Conference Room of the Municipal Complex, 1400 Live Oak Road. The following members. were present: MEMBERS PRESENT CITY STAFF John Linebarger, Chairman Merwin Willman~ Vice-Chairman Ray Stanhope Lee Boswell William Courtney Clayton McMahan Tommy M. Brooks~ Assistant to City Manager OTHERS PRESENT Clair Gilbert, Herald~News Reporter Mrs. Louise McKeethen fir. Hogan ~s. Billie Thomas Mr. Louis Cowart Mr. Edgar Johnson, Jr. MEMBER ABSENT Kenheth Greenwald #1 CALL TO ORDER Chairman Linebarger called the meeting to order at 7:00PM. #2 READING OF MINUTES: Regular Session of Planning and Zoning Commission, September 22,1981. Lee Boswell made a motion to accept the minutes as written. Bill Courtney seconded the motion and the vote was unanimous in favor of. #3 CONSIDER AND MAKE RECOMMENDATION: On a request submitted by Coastal Equities Inc.., to rezone a four(4) acre parcel of land from R-2, Single Family District to R-4, Multi- Family District. Chairman Linebarger read the requirements of Article XIX, Section 2, of the Zoning Ordinance~ which are to be considered when a request for rezoning is made. Chairman Linebarger stated that four of the Commission members had attended a presentation previously given by Co~stal Equities Inc. which explained the location and the purpose of the proposed rezoning. He also stated that the Commission had been provided additional information by the City Staff. The Commission was of the opinion that the request met the requirements to be considered at a Public Hearing. Lee Boswell made a motion to recommend to the City Council that a Public Hearing be sched- uled to consider the request for rezoning submitted by South Texas Equities Inc. Ray Stanhope seconded the motion and the vote was unanimous in,favor. Mr. Hogan, representing South Texas Equities Inc., then provided additional information to the Commission about the apartment financing, construction, and methods of establishing rental prices. . . .,. 4It #4 PRE-APPLICATION CONFERENCE TO OPERATE A BEAUTY SHOP, FROM A PLACE OF RESIDENCE, MRS. LOUISE MC KEETHEN. Chairman Linebarger explained that Mrs. McKeethen had first appeared before the Planning and Zoning Commission on January 13, 1981 and requested that she be permitted to operate a beauty shop at her home, as a Home Occupation. Chairman Linebarger then asked Mrs. McKeethen if she would like to provide additional information for the Commission to consider. . f4rs. McKeethen stated that she was requesting to operate a Beauty Shop as an in home occupation so that everything would be legal. She stated that she is a Jicensed beauty operator and has applied to the state beauty operators board for a license to operate a beauty shop at her home. She further stated that she would operate the shop on a part- i.. time basis, would be very selective in her clientale and operate by t appointment only, and that the beauty shop would be enclosed by a y privacy fence. . Several times, Commission members expressed their appreciation to Mrs. McKeethen for the information she had provided. The Commission members discussed home occupations as presently defined in the Zoning Ordinance and Mr. Willman stated that he believed that the Zoning Ordinance should be reviewed and possibly changes made in the zoning ordinance to more clearly define home occupations. Chairman Linebarger agreed, but stated at present, the issue of Mrs. McKeethen must be resolved. Chairman Linebarger explained that the Zoning Ordinance, in the schedule of uses, i dent i fi es the zones in wh ich a Beauty Shop may be operated and that the Commission has no authority to permit a Beauty Shop to be oper- ated in other zoning. Mr. Courtney made a motion to disapprove the request of Mrs. McKeethen to operate a Beauty Shop as a home occupation on the basis that a Beauty Shop is a business and that the zoning ordinance specifies where a Beauty Shop can be located. Lee Boswell seconded the motion and the vote was unanimous to disapprove the request of Mrs. McKeethen. Chairman Linebarger explained to Mrs. McKeethen that she now has the right to appeal the action of the Planning and Zoning Commission to the City of Schertz Board of Adjustment and that she can ask for a special exception by that board. Mrs. McKeethen was advised of the procedure for her to appeal and that a Public Hearing with the Board of Adjustment would be required if she desires to appeal. Mrs. McKeethen indicated that she would appeal the Planning and Zoning Commissions decision to the Board of Adjustment. 4It There was additional discussion about the request of Mrs. McKeethen and there was agreement by the. Commission members that she should appeal to the Board of Adjustment. Chairman Linebarger stated that he believed it would be appropriate for the Commission to go on record in the minutes by recommending that Mrs. McKeethen appeal to the Board of Adjustment. Clayton McMahan made a motion that the Planning and Zoning Commission recommend that Mrs." McKeethen submit an appeal to the Board of Adjust- ment. . Mr. Courtney seconded the motion and the vote was unan;'mous in e e .J- ~ ... favor. #5 CONSIDER AND MAKE RECOMMENDATION ON A CURB-CUT REQUEST: Submitted as a joint effort by Mr. Louis L. Cowart and Mr. Edgar E. Johnson, Jr. Mr. Cowart and Mrs. Johnson were present and explained their plans for a curb-cut and the widening of a driveway. After consideration by the Commission, Mr. Stanhope made a motion to approve the request for a curb-cut, Mr. McMahan seconded the motion and the vote was unanimous in favor. #6 STAFF BRIEFING. Mr. Brooks advised the Commission that there continues to be interest by business for developing along IH 35. He reminded the Commission that a rezoning Public Hearing with the City Council will be on November 3, 1981. He also advised the Commission that he will be unable to . attend the next scheduled Planning and Zoning Commission meeting on October 27 because he will be attending meetings of the Texas Municipal League in San Antonio on that date. Chairman Linebarger adjourned the meeting at 9:00 P.M.