BOA 07-28-2008
~_~o_~~ ~~----BOARD OF-ADJUSl'MEN'f~MINUTESc
July 28, 2008
'-"
The Schertz Board of Adjustment convened on July 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
Joe Potempa, Vice Chairman
Darlene Price
Norman Slocum
James Harden
Donald McQueen, Alternate
Tony Wilenchik, City Council Liaison
William Sommers, Planning and Zoning Liaison
CITY STAFF
Thomas Rhodes, Mitchell Planning Group
Misty Nichols, Senior Planner
Lesa Wood, Planning Technician
Erin Matlock, Economic Development Specialists
BOARD MEMBERS ABSENT
Leonard Weinand Jr., Alternate
OTHERS PRESENT
Robert Brockman, 1000 Elbel
Larry Tillick, 2229 Oak Valley
Charles Van Dyke, Dream Decks
Prashant Patel, La Quinta
1.
CALL TO ORDER/ROLL CALL
Mr. Hartzog called the meeting to order at 6:05P.M.
2.
HEARING OF RESIDENTS
.........
No citizen comments.
3.
Consider and act upon the Board of Adjustment minutes for June 23, 2008.
Following reading of the agenda item, Mr. Slocum moved to approve the item. Mr. Harden seconded the
motion. Vote was unanimous. Motion carried.
4.
PUBLIC HEARINGS:
A.
BOA 2008-010 2229 Oak Valley
Hold a public hearing and consider approval of a variance to Article VI, Table VI-A of the Unified
Development Code to allow an eight foot (8') reduction in the required twenty foot (20') rear yard
setback resulting in a minimum rear yard setback of twelve feet (12'). This request for a variance is to
construct a wood deck in the back yard of Lot 30, Block 7 of the Mesa Oaks 2 Subdivision, Unit # 2.
Public hearing opened at 6:08 pm.
Mr. Rhodes reviewed staff comments.
Mr. Hartzog recognized the following citizen:
· Larry Tillick, property owner, who gave a brief description of the back yard and description of the
requested deck. He stated that the yard slopes to the rear and the foundation is thick which makes the
back door elevated from the ground.
· Robert Brockman asked a few questions about the design of the deck.
There being no one else to speak the Public hearing closed at 6: 15 pm.
"'"
Minutes
Board of Adjustment
July 28, 2008
Page I of 4
- - --~Mr.cHartzogadvised -the- board-thathc visitcdthc sitcand -gave a~brief-description' of-theappl icant' s property~
and surrounding properties.
Mr. Rhodes asked the property owner to clarifY the elevation.
Mr. Tillick stated that the door was approximately 4'6" from the ground. '-'
After a short discussion on the layout, topographic, and design of the deck, Mr. Slocum moved to approve the
variance request. Mr. Potempa seconded the motion. Vote was unanimous. Motion carried.
B. BOA 2008-009 A 17650 Four Oaks Lane
Hold a public hearing and consider approval of a variance to Article IX of the Unified Development
Code (UDC), Section i, relating to the maximum area of a permitted primary wall sign for a business
located on Lot 6, Block 1 of the La Quinta Inn - Schertz subdivision, located on Four Oaks Lane east
ofFM 3009 and being commonly known as 17650 Four Oaks Lane.
C. BOA 2008-009 B 17650 Four Oaks Lane
Hold a public hearing and consider approval of a variance to Article IX of the Unified Development
Code (UDC), Section i, relating to the maximum area of a permitted secondary wall sign for a business
located on Lot 6, Block 1 of the La Quinta Inn - Schertz subdivision, located on Four Oaks Lane east
ofFM 3009 and being commonly known as 17650 Four Oaks Lane.
Public hearing opened for items B & C at 6:23 pm.
Mr. Rhodes reviewed staff comments.
Mr. Hartzog recognized the following citizen:
. Mr. Patel stated he was available for questions.
· Erin Matlock gave a short statement on the benefits of the hotel to the City. She stated that Mr. Patel
has a franchise agreement with La Quinta and is required to meet design standards. She stated that the
Schertz Economic Development Department strongly recommended approval of the variances.
. Robert Brockman questioned the quantity of sign and the locations.
There being no one else to speak the Public hearing closed at 6:32 pm. ~
Mr. Slocum asked the applicant ifthe franchise agreement precluded him from putting up a free standing sign.
Mr. Patel stated that per their franchise agreement he does not have a choice on the tower signs.
Mr. Potempa asked ifTxOot had a space available on the highway information sign?
Mr. Patel could not confirm; however, he stated he thought none were available.
Mr. Hartzog stated that the visibility of the signs are necessary for visitors. He reminded the commission of
the hotel/motel tax benefit.
Mr. Harden requested information from staff on the sign sizes if the Hotel was on IH-35.
Mr. Rhodes stated the figures from the Unified Development Code (UDC).
After discussion between Board, applicant and staff on the franchise agreement and visibility, Mr. Slocum
moved to disapprove variance BOA 2008-009 A. Motion failed due to lack of a second.
Mr. Harden moved to approve the variance BOA 2008-009 A. Mr. Potempa seconded the motion. Voting
Aye: Mr. Harden, Ms. Price, Mr. Potempa, Mr. Hartzog. Voting Nay: Mr. Slocum. Motion carried.
Mr. Slocum moved to disapprove variance BOA 2008-009 B. Motion failed due to lack of a second.
Mr. Potempa moved to approve the variance BOA 2008-009 B. Mr. Harden seconded the motion. Voting
Aye: Mr. Harden, Ms. Price, Mr. Potempa, Mr. Hartzog. Voting Nay: Mr. Slocum. Motion carried.
Minutes
Board of Adjustment
July 28, 2008
Page 2 of4
..J
D.~~-~BOA-2008-009€~~~ ~17650-FourOaks'balle- - ---~-
Hold a public hearing and consider approval of a variance to Article IX of the Unified Development
Code (UDC), Section k, relating to the maximum height of a permitted monument sign, for a business
located on Lot 6, Block 1 of the La Quinta Inn - Schertz subdivision, located on Four Oaks Lane east
ofFM 3009 and being commonly known as 17650 Four Oaks Lane.
'-"
Public hearing opened at 6:54 pm.
Mr. Rhodes reviewed staff comments.
Mr. Hartzog recognized the following citizen:
· Mr. Patel stated he was available for questions.
. Erin Matlock was available for questions.
. Robert Brockman questioned the location.
There being no one else to speak the Public hearing closed at 7:00 pm.
Mr. Slocum questioned staff on the minimum and maximum of the base.
Mr. Rhodes read the section from the UDC.
After discussion between Board, applicant and staff on the La Quinta sign design standards, Mr. Slocum
moved to approve the variance to increase the height of the permitted monument sign to 4' 8" with the base
being reduced so the overall height of the sign complies with the UDC. Mr. Harden seconded the motion.
V ote was unanimous. Motion carried.
5. ITEMS FOR DISCUSSION:
A. Board of Adjustment By-Laws
Discussion and action regarding adoption of revised Board of Adjustment By-Laws.
After discussion between the Board and Staff regarding additional revisions, Mr. Slocum moved to
forward the By-Laws with suggestions to City Council. Mr. Potempa seconded the motion. Vote
'-" was unanimous. Motion carried
6. ITEMS BY COUNCIL, COMMISSION AND STAFF
A. City Council Comments
Mr. Wilenchik advised the Board that the Council IS In the process of making changes to the City
Charter; however, no changes will affect the Board of Adjustment.
B. Planning Manager Comments
Mr. Rhodes advised the Board of the UDC review. He stated that at the next meeting there would be
discussion and review of the Articles in the UDC that affects the Board.
C. Board of Adjustment Member Comments
Mr. Harden:
Advised the Board that he will not seek reappointment.
Mr. McOueen:
No comments.
Ms. Price:
No comments.
'-"
Minutes
Board of Adjustment
July 28, 2008
Page 3 of4
..-_. - -..--- .
..- .-. -- .-- -- .'.
-~.._~._-_.._-- ._~- ,_._~-_.__._--~-
Mr. Slocum:
Stated that he applauded City Council for the decision to increase Council Members pay. He questioned
Mr. Rhodes on the UDC Chapter for the City Engineer. v
Mr. Rhodes stated that the chapter will be addressed and incorporated by a separate manual.
Mr. Potempa:
No comments.
Mr. Hartzog:
Stated he has a few items:
1. He notified the Board that Mr. Weinand would no longer be attending meeting and would not be
seeking reappointment.
2. Requested staff provide AICUZ study material to all members.
3. Requested staff provide list of contact information for the Planning and Zoning Department.
7.
ADJOURNMENT
The meeting adjourned at 7:59 P.M.
~
~b"- CU~
Recording Secretary, City of Schertz
~
Minutes
Board of Adjustment
July 28, 2008
Page 4 of 4
-J