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10-15-2001 ./I' BOARD OF ADJUSTMENT Monday October 15, 2001 The Schertz Board of Adjustment conducted a public hearing on Monday October 15, 2001 at 6:30 p.m. in the Municipal Complex Council Chambers, 1400 Schertz Parkway, Schertz Texas. BOARD OF ADJUSTMENT CITY STAFF Earl Hartzog, Chairman Ted Duigon J ames Harris J ames Harden William Sommers, P & Z Commissioner Ron Youngblood City Planner Evelyn Boggess Substitute Recording Secretary MEMBERS ABSENT OTHERS PRESENT Kathy Hill Tom Chapman, 15600 San Pedro Jerry Hennig, 1414 Circle Oak Dr. Dave Britton, 3932 Arroyo Dorado Robert Brockman, 4505 Grand Forest Dr. #1 Call to order: Chairman Hartzog called the meeting to order at 6:30 pm. #2 Approval of Minutes: Minutes of July 16, 2001, August 20, 2001 and October 1, 2001. Mr. Duigon noted correction to July 16,2001 Minutes: page 2, item #4, reads horseshoe Unit 2A, correct to read Horseshoe Unit 2A. Mr. Harden noted corrections to August 20, 2001 Minutes: page 2, item #5, paragraph 7, reads Mr. Harris stated that his, correct to read Mr. Harden stated that his. Mr. Hartzog noted correction to August 20, 2001 Minutes: page 1, OTHERS PRESENT, reads John Rowand, 2708 Ashely Meadow, correct to read John Rowand, 2708 Ashley Meadow. 1 ... Mr. Duigon noted the following corrections to August 20, 2001 Minutes: page 2, item #5, and reads 1. Discuss Chinese Resturant, correct to read Discuss Chinese Restaurant. 2. Discuss Forest Ridge Drainage.................. and road-Status, correct to read Discuss Forest Ridge Drainage ............... and Weiderstein Road status. Paragraph 3 under this same item reads: "Chairman Hartzog asked about Woodland Drive and Savannah Square. He stated that it is his understanding that the City ROWS continue across Savannah and narrower at the other side of FM3009. What is the situation with the road becoming very narrow near Savannah Square Drive. Ron noted that they are asking for a 65' right-of-way. He also stated that the narrowing of the streets would help keep slow down traffic through residential areas. He also stated that the plan was to bring Woodland Oaks across. Correct to read: Chairman Hartzog asked about Woodland Oak Drive and Savannah Drive. He stated that it is his understanding that the City right of way continues along Savannah Drive, across FM 3009, and narrows on the east side of FM 3009 as Savannah Drive enters into the Arroyo Verde Subdivision. Ron noted that the narrowing of Savannah Drive into the Arroyo Verde Subdivision would help to slow traffic through the residential area. Ron also stated that Woodland Oak Drive would cross Schertz Parkway into the Jonas Wood Subdivision. The City has asked the developer for a 65-foot right of way for Woodland Oak Drive through this subdivision. Paragraph 8 reads Mr. Harris, correct to read Mr. Harden and Las Pasadita correct to read La Pasadita. Paragraph 9 reads. ........... .and several other different issues, correct to read........... .and several other issues. Paragraph 11 reads .. .. .. . .. . .. from the Wilbur Smith on the Comprehensive Land Plan Use correct to read ............from Wilbur Smith on the Comprehensive Land Use Plan. Page 3, paragraph 3 reads: Mr. Harden asked if the ditches and drainage are going to be replaced along there. Correct to read Mr. Harden asked if the new ditches and drainage are going to be replaced or repaired along FM 78. Corrections for October 1, 2001 minutes are: Page 1, remove Ted Duigon from BOARD OF ADJUSTMENT present and place Ted Duigon as MEMBERS ABSENT. Item #3. last paragraph on page one, delete comma. Page 2, Item #4, paragraph four: "commission" correct to "Commission", and "The Planning Commission" correct to "The Planning & Zoning Commission". Paragraph 6, .................. "detached accessory used for structure shall"... correct "detached accessory structure shall". Page 3 last paragraph, Thaddeus Kelly correct spelling to Thaddeous Kelly. Page 4-second paragraph reads: commentthat. Correct to read comment that. Paragraph three "insolated", correct spelling to "insulated". Page 5, paragraph 8 "Planning and Zoning Meeting", correct "Planning and Zoning meeting". Mr. Harris made a motion to approve the minutes of July 16,2001, August 20,2001 and October 1, 2001 as corrected. Mr. Harden second the motion. The motion carried. #3 Public Hearing: On a request from Dave and Sue Britton, 3932 Arroyo Dorado, Arroyo Verde Subdivision for a special exception to the zoning ordinance to encroach into the 20 foot rear yard building setback from 20 feet to 12 feet for the construction of a deck and patio cover. (BOA # 163-01) 2 Mr. Hartzog opened the public hearing and explained that he had just received a letter from Mr. Hennig opposing this request. Mr. Hartzog then asked for staff input. Ron Youngblood explained that fifteen (15) letters were sent to property owners. One (1) opposed the request and three (3) were in favor of the request. Mr. Sommers, representative from the Planning and Zoning Commission to Board of Adjustments stated that the Planning and Zoning Commission recommended approval of the request. Mr. Jerry Hennig of 1414 Circle Oak Drive spoke and explained that he is opposed to this request due to elevation and grade of the homes in the Arroyo Verde subdivision being higher than the homes in the Oak Forest subdivision. Mr. Hennig feels that this creates a privacy issue between residences. Mr. Hartzog explained that the interpretation of the ordinance is that for the purpose of a deck the encroachment can be extended up to three (3) feet from a fence. Mr. Dave Britton spoke concerning his plan. The plan is to place a deck over the lOX 10 existing slab and add a patio cover. Mr. Britton also explained that a pool is being built at this time and there would be two steps that would go up from the deck to the landing for the pool; this is approximately a foot higher than the deck. Mr. Duigon asked that if you put a lawn chair at the end of the pool would you be looking into the back yard of the neighbor. Mr. Britton explained that a lawn chair would be at about the top of the fence in the comer. He also explained that he had talked to the owner of the vacant lot that would be affected concerning this matter and explained that there would be landscaping of trees and shrubbery at the fence line to provide privacy for both properties. Mr. Sommers of the Planning and Zoning Commission stated that the Commission was very careful to insure that the only issue being presented to the Board is the request for the deck and patio cover. The pool is not part ofthe issue before the Board at this time. Mr. Hartzog asked if anyone else wanted to speak on this issue. Mr. Robert Brockman stated that the setbacks he was aware of were 17 feet and 13 feet and he questions the 12- foot setback because he thought the bulletin board announcement was for 13 feet. Mr. Hartzog explained that the package requests 12 feet. Mr. Hardin explained that there is also another item to be discussed that may be causing the misunderstanding. Mr. Hartzog also explained to Mr. Brockman that the agenda does say 12 feet and that this Board has the final say. At this time Mr. Hartzog asked if there were any other citizens that had a comment or discussion of this item. There were no further comments and Mr. Hartzog closed the public hearing. #4 Public Hearing: Request by Mike and Sandra Smith, 1636 Bench Trail, Oak Trail Unit 2A for a special exception to the zoning ordinance to allow for use of a side-load garage (enter from Chestnut Oak Street vs. Bench Trail). (BOA# 164-0 1) 3 Mr. Hartzog opened the public hearing and asked for staff input. Mr. Youngblood stated that 19 letters had been sent to property owners. The responses to these letters were 0 opposed and 2 in favor of this request. Mr. Sommers also explained that this request was approved by the Planning and Zoning Commission to have a side-load garage based upon the special consideration. Mr. Hartzog asked if anyone else wanted to speak on this item. Mr. Tom Chapman of Benchmark Homes explained that his company is the builder of this home and provided the information that Mr. and Mrs. Smith have a very detailed plan for landscaping and that a front-load garage would cut down on the amount of area allowed for the landscaping. Mr. Chapman also explained that having a side-load garage would not impede the traffic flow on Chestnut Oak Street. This change will be placed in the contract and deed for the benefit of current and future homeowners. It was asked if the front of the house will face Chestnut Oak St. and if so who provided the address for Bench Trail. Mr. Chapman explained that the addressing is done based upon the design of the subdivision and that the Planning Department then does the addressing. If the design of the house were changed to face Chestnut Oak Street rather than Bench Trail, then you have other issues that have to be taken into consideration that may not be feasible. Mr. Hartzog asked if there were any other citizens to speak on this item. Since there were no other speakers Mr. Hartzog closed the public hearing. #5 Consider And Take Appropriate Action: Request on the special exception the Zoning Ordinance for Dave and Sue Britton (BOA#163-01). There was further discussion concerning the elevation of the deck that would be around the pool. Due to the slope of the ground, it is difficult to determine the exact elevation at this time. Mr. Hartzog called for a motion. Mr. Harris moved to approve the request for the special exception to the Zoning Ordinance for Dave and Sue Britton BOA #163-01. Mr. Harden seconded the motion. A vote was taken and the motion carried with all Ayes. #6 Consider And Take Appropriate Action: Request on the special exception to the Zoning Ordinance for Mike and Sandra Smith (BOA#164-01). With no further discussion Mr. Hartzog called for a motion. Mr. Harris moved to approve the request for the special exception to the Zoning Ordinance for Mike and Sandra Smith BOA# 164-0 I. Mr. Duigon seconded the motion. A vote was taken and the motion carried with all Ayes. #7 ITEMS BY THE BOARD AND CITY PLANNER: 4 , , ; Mr. Youngblood issued an invitation to the Board for a joint Planning and Zoning Commission and Comprehensive Land Use Plan meeting to be held on October 29,2001 at 6:30 p.m. Mr. Harden asked that at the next meeting the Post Office issue that he discussed with Mr. Youngblood, be placed on the agenda as an agenda item. Mr. Hartzog asked that the items listed by the Board be placed on the agenda for the October 22, 2001 Board Of Adjustment meeting. Mr. Hartzog also asked that Mr. Youngblood check on the requirements concerning the meeting that was canceled due to not having a quorum. Mr. Duigon suggested that a checklist should be established concerning notification of Board members of upcoming meetings and events. #8 ADJOURNMENT: There being no further discussion, Chairman Hartzog adjourned the meeting at 7:15 p.m. Chairman, Board of Adjusttrrent, Sche ~L) rT-- ATTEST: .A.A- ecretary, Schertz, Texas 5