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10-22-2001 . .. BOARD OF ADJUSTMENT OCTOBER 22, 2001 The Schertz Board of Adjustment conducted a public hearing on Monday October 22, 2001 at 6:30 p.m. in the Municipal Complex Council Chambers, 144 Schertz Parkway, Schertz Texas. BOARD OF ADJUSTMENT CITY STAFF Earl Hartzog, Chairman Ted Duigon J ames Harris James Harden Kathy Hill William Sommers, P & Z Commissioner Ron Youngblood City Planner Evelyn Boggess Substitute Recording Secretary MEMBER'S ABSENT OTHERS PRESENT None Gary Palmer 3824 Whitaker Janis Hofman 1301 Arroyo Verde Richard Palmer 228 Meadow Lane Beverly Davis 1632 Bench Trail R W Davis 1632 Bench Trail Thaddeous Kelly 4324 Willow Oak Beverly A. Kelly 4324 Willow Oak Richard Rath 4329 Willow Oak Rudy Rodriguez 4316 Willow Oak #1 Call to Order: Chairman Hartzog called the meeting to order at 6:30 p.m. 1 >> #2 Public Hearing: On a request from Richard Palmer, location on 2 acres out of abstract 245, survey Martin & Walker off of Crested Oak for a special exception to the zoning ordinance to exceed the required roof height of 16 feet to 22 feet for construction ofa storage building. (BOA#162-A-Ol) Mr. Hartzog opened the public hearing and asked for staff input. Mr. Youngblood explained that 14 letters were sent to property owners. Two replies were received both opposing the request. Mr. Kelly provided the following additional letters: 1613 Bench Trail 4316 Willow Oak 4325 Willow Oak 1529 Bench Trail 1533 Bench Trail 1605 Bench Trail 1601 Bench Trail 1632 Bench Trail 1699 Bench Oak 1625 Bench Trail 4304 Willow Oak 4313 Willow Oak These additional letters opposed the request. One letter was not signed. Mr. Youngblood explained that Mr. Palmer has come back to ask for a variance of roof height from 16 feet to 22 feet. With the previously approved wall height, it was not taken into consideration the gable of the roofheight. Mr. Youngblood also reminded the Board that this is an unplatted 2-acre lot and not a part of the Crest Oak Subdivision and that the staff recommends approval. Mr. Duigon asked what the zoning is for this area. It is zoned R -1. Mr. Hartzog asked if there was anyone who wanted to speak for or against this item. Mr. Kelly of 4324 Willow Oak made a presentation. Mr. Kelly wanted to know which code was being used to determine the setbacks on Mr. Palmer's property. The code for R-A or R-l, R-l being single-family dwelling zoning. Mr. Kelly states that the application for the request for a special exception is an illegal document due to the fact that the copy of the application that Mr. Kelly picked up on the 15th of October did not have the owner's signature on the document at that time. Mr. Kelly referenced the SBC, Section 1791, that no accessory building shall be erected in any front yard setback, for home occupation or professional use on any lot without a primary structure on the building site. Mr. Kelly also feels that this is a violation of the Unified Development Code (UDC) for the previously approved wall height. Mr. Kelly is asking why the extra height is needed for this structure since Mr. Palmer's RV is 12 feet tall. Mr. Kelly referenced the UDC section Xl, paragraph 27.3. This references a fire hydrant within 500 feet of the property and there is not a fire hydrant in place for Mr. Palmer's property. Mr. Kelly objected to the statement that the UDC only applies to subdivided platted land and that Mr. Palmer's 2 2 acres do not fall into that category and that the codes of the UDC do not apply. Mr. Kelly's objection is based upon page 2 ofUDC. At this time Mr. Kelly asked why the 2 acres do not have to abide by the UDC. Mr. Youngblood responded that Mr. Palmer's property has been identified as R-I zoning on all documents. Mr. Youngblood also explained that it was an oversight that the original request did not have Mr. Palmer's signature on it. This was corrected and Mr. Palmer signed the document before it was presented to the Board. Chairman Hartzog verified this. Mr. Youngblood explained that Mr. Palmer will determine the location of his primary home and this will determine the front yard, side yards and back yard setbacks. Mr. Youngblood pointed out that Mr. Kelly had also requested a variance for his home and that the function of the Planning and Zoning Commission and the Board of Adjustment function is to determine the validity of a citizen's request for a variance. In reference to a fire hydrant for Mr. Palmer's property, Mr. Youngblood discussed this matter with the acting Fire Chief. Since this is an accessory building and not a habitable structure, a fire hydrant is not required at this time. With the construction of the home a fire hydrant will be required. Mr. Hartzog asked about the building code and Mr. Youngblood explained that is the code that the Building Official uses, but the Board utilizes the UDC. Mr. Youngblood also explained that the City Engineer and City Staff have determined that the UDC does not apply to Mr. Palmer's unplatted 2-acre lot. Mr. Hartzog asked if the City Attorney has been consulted and Mr. Youngblood responded that the City Attorney has been consulted on this matter. Mr. Harris asked if Mr. Palmer has determined where on the lot he will build his house and if the accessory building would then be in the front or side yard and would another variance be required. Mr. Youngblood explained that Mr. Palmer has not determined where on the lot the primary building would be placed, but it is possible that Mr. Palmer may be required to return to request another variance. At this time Mr. Palmer could build the primary structure seven feet from the fence line, but Mr. Palmer has agreed to build the primary structure twenty feet from the fence line and provide landscaping. The issue before the Board is the request to place a gabled roof on the accessory building at the height of 22 feet. Mr. Harden verified that the only issue for this meeting is the request of the building height of 22 feet. This was confirmed. Mr. Duigon referred to the Zoning Ordinance, paragraph 3-9, page 3, accessory buildings. Mr. Duigon noted that the statement has been made that an accessory building could not be in a side yard and that this was causing some confusion and was an erroneous statement Mr. Kelly stated that Mr. Youngblood is making this an issue of a subdivision verses Mr. Palmer and Mr. Kelly feels that this is not the case. The letters were sent to individual people in individual homes and not the whole subdivision and those homeowners 3 ~ responded in kind. Mr. Kelly also noted that he is being told that the requirements only apply to platted subdivisions and that at the previous Planning and Zoning meeting the Chairman, Mr. Richmond could not see where the code applied only to platted subdivisions but did apply to every building and every lot within the city limits of Schertz. Mr. Kelly feels that the issues have been clouded and erroneous information is being provided. Mr. R. W. Davis had some questions for the Board. He wanted to know why the roof variance was not submitted at the same time that the request for a variance in wall height was presented. Mr. Hartzog responded that the request was for the sidewall height of 16 feet and that Mr. Palmer could have placed a flat roof on the building. Mr. Davis has asked for clarification of what building code the City of Schertz has adopted to use. Mr. Youngblood responded that the city has adopted the Southern Building Code. Mr. Davis asked if this is the format then that the city basis its decisions. Mr. Hartzog responded that the city also has adopted the Unified Development Code and this code establishes the distance and requirements for certain types of zoning. Mr. Hartzog also explained that the Southern Building Code is used once the lots have been platted for permitting and then the standards for the building such as electrical, plumbing, heating and other areas within the building. Mrs. Kelly referenced the UDC, section 8, page 3, "all development of land within the incorporated boundaries of the City of Schertz and its ETJ shall conform to the requirements of the Unified Development Code". Mrs. Kelly requested clarification concerning Mr. Palmers' development of the 2 acres and why it does not fall under the requirements of the UDC. Mr. Harris responded that the Board approves variances to the code and that this is the purpose of this Public Hearing. Mr. Kelly restated his concerns that he was not provided information that he requested in a timely manner. Mr. Youngblood responded to Mr. Kelly's concerns and stated that Mr. Kelly had been provided the drafts of minutes for the meetings that had been requested. Mr. Duigon requested that the record reflect that at the last Board of Adjustment meeting on October 15th , the minutes for July 16th, August 20th and October 15t were approved. Mr. Duigon also stated that this request was brought before the Board of Adjustment on October 15t and that this was the first request for wall height variance. Mr. Duigon again requested that the record reflects that the minutes have been approved. Although they have not been published. Mr. Hartzog asked for any other comments or statements. Mrs. Beverly Davis made a comment referencing a previously made comment that a house could be built up to 35 feet. Mrs. Davis feels that the difference is between a house and a commercial building. Mr. Harden asked if an offer had been made to Mr. Palmer concerning the selling of the lot at fair market value. Mr. Kelly stated that he had talked to Mr. Palmer and that Mr. Palmer quoted a price of $60,000.00. Mr. Kelly felt that Mr. Palmer had increased the price after a previous meeting. 4 ~ Mr. Palmer presented pictures to the Board showing other buildings around town that are of similar height and structure to the building that he is planning. Mrs. Kelly had a question concerning a variance request and the UDC. She asked what criteria the Board uses to make a decision concerning the request. Mr. Hartzog responded that he uses his personal judgment and tries to determine if turning down the request would create a personal hardship for the person requesting the variance. Mr. Hartzog also explained that each individual on the Board looks at the request from different perspectives. Mrs. Kelly stated that this building will create a hardship for her and that she would like this to be taken into consideration when making this decision. Mrs. Davis asked how many of the Board members have gone to the site and looked at the location of the building. Mr. Harden responded to this with the information that when you purchase a home that backs up to a vacant lot, there is no way of knowing what is going to be built there. It could be another house, subdivision or a commercial business and when a person purchases a home in this situation they have to be prepared for many different possibilities of development. There were no further comments and Mr. Hartzog closed the Public Hearing. #3 Public Hearing: On a request from Janis L. Hofinan, 1301 Arroyo Verde, block 1, lot 113, Arroyo Verde Subdivision for a special exception to the zoning ordinance for a rear yard setback from 20 feet to 7 feet for the addition of a wood deck and open wood arbor. (BOA#165-0l) Mr. Hartzog opened the public hearing. Mr. Youngblood stated that 14 letters were sent to homeowners. The response was 4 in favor and 0 opposed. Mr. Youngblood also stated that Mrs. Hofinan provided a letter of approval from her Homeowners Association. This was approved by Planning and Zoning, utilities will not be affected and the staff recommends approval. Mr. Hartzog asked what is behind her house because he could not get to the back to see what is there. Mrs. Hofinan explained that it is a large private estate that is to the back of her property. There were no further comments and Mr. Hartzog closed the public hearing. #4 Consider And Take Appropriate Action: Request on the special exception to the Zoning Ordinance for Richard Palmer (BOA#162-A-Ol). Mr. Harden moved to approve the request for special exception for Mr. Palmer, BOA#162-A-Ol, to exceed the height of 16 feet to 22 feet for construction of a storage building. 5 .. Mr. Duigon second the motion. Mr. Hartzog asked for additional discussion and called for a vote. The vote was: Ayes: Mr. Harden, Mr. Harris, and Mr. Duigon. Nays: Mr. Hartzog, Mrs. Hill Mr. Hartzog notified Mr. Palmer that his request was denied and he would receive a letter for the City staff. #5 Consider And Take Action: Request on a special exception to the Zoning Ordinance for Janis L. Hofman (BOA#165-01) Mr. Harden moved to approve the request for special exception for Janis L. Hofman, BOA# 165-0 1, for a rear yard setback from 20 feet to 7 feet for the construction of an arbor and a deck. Mr. Harris seconded the motion. Mr. Hartzog asked for additional discussion and called for a vote. The motion was approved unanimously. Mr. Hartzog notified Ms. Hofman that she could pick up her building permit. #6 ITEMS BY THE BOARD AND CITY PLANNER: Mr. Harden asked if the Scout Hut and Landscape of Texas are still in the flood zone or will this change with the drainage. If the Scout Hut is still in the flood zone what are the options available for this building. Mr. Youngblood responded that this is being looked at and different options are being discussed that would take the Scout Hut out of the flood plain. Mr. Hartzog asked if a business is allowed to build in a flood plain. Mr. Youngblood explained that a business could build in a 100-year flood plain as long as they meet the FEMA requirements to raise the building out of the flood plain. Mr. Harden also asked about the future of the Post Office. Mr. Youngblood explained that they have not committed to a new facility at this time. Discussion of Wieder stein Road. Mr. Youngblood explained that this would be discussed at The Planning and Zoning meeting to be held October 23, 2001. Mr. Duigon made a statement for the record and that this is a professional comment. From last month and the start of the Board of Adjustment in 1994, the concern for attention to administrative details. Mr. Palmer has an appeal process through the courts and the errors that occurred with this application could effect any outcome. Examples: the street name is showing as Crested Oak and it should be Crest Oak, application not signed at the time of submission so that the date of the application and the actual signing 6 ... of the application are two different dates. Mr. Duigon strongly recommends that the staff and the Board pay attention to these details due to the fact that this paperwork may be presented as part of a court case. Ms. Hill reiterated the need for professionalism in completing paperwork. Mr. Youngblood invited the Board members to a joint Planning and Zoning and Comprehensive Land Plan meeting to be held October 29,2001 in the Police Department Training Room. Ms. Hill suggested that this Board could add to the joint meeting. Mr. Hartzog urged the Board members to attend the Business Appreciation Dinner. Mr. Hartzog adjourned the meeting at 7:20 p.m. Chairman, Board of Adjustm4;mt, Schert' ,Texas '-- ATTEST: 4.4-' Secretary, Schertz, Texas 7