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02-11-2002Board of Adjustment Monday February 11, 2002 The Schertz Board of Adjustment convened in a public hearing on Monday February 11, 2002 at 6:30pm in the Municipal Complex at Council Chambers, 1400 Schertz Parkway, Schertz, Texas. BOARD OF ADJUSTMENT Earl Hartzog, Chairman Ted Duigon, Vice-Chair William Sommers, ex-officio James Hams Norman Slocum Peggy Brown James Harden MEMBERS ABSENT Kathy Hill CITY STAFF Ron Youngblood, City Planner Misty Nichols, Recording Secretary OTHERS PRESENT Calvin C. Williams, 2432 Woodbridge Way Douglas & Pam Kuehn, 405 Aviation Ave. Kellly Baker, 3733 Limestone Mesa Robert Brockman, 4505 Grand Forest Chairman Hartzog stated Mr. Youngblood had asked for Mr. Harris to approach the front. At this time Mr. Youngblood presented a certificate to Mr. Hams for the time he has been with the city as a Board of Adjustment Member. Mr. Youngblood explained that Mr. Simonson planned to attend the meeting tonight unfortunately he went to the hospital for a knee injury. #1 Call to Order: Mr. Hartzog called the meeting of February 11, 2002 to order at 6:31 pm #2 Approval of Minutes: For the regular session of October 15,2002. Mr. Duigon stated he found on page three the fourth paragraph from the top should state 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. He also pointed out on page four top paragraph third line should state The responses to these letters were 0 opposed and 2 in favor of this request. He then noted in the fourth line from the bottom of the second paragraph should state.... of the subdivision and that the Planning Department then does the addressing. Mr. Duigon stated in these minutes as well as the next minutes the motion to second should state that the individual seconded the motion. Mr. Duigon stated on page five last paragraph before the adjournment should read Mr. Duigon suggested that a checklist should be established concerning notification of Board members of up- coming meetings and events. Mr. Harden moved to approve the minutes for October 15, 2001 as amended. Mr. Duigon seconded the motion. A vote was taken. The motion carried. Chairman Hartzog asked if the Board had any issues or changes for the minutes of October 22, 2002. Mr. Duigon stated on page three second paragraph should state ..... acres do not fall into that category and the codes of the UDC do not apply. He stated in the next paragraph down line four the word Adjustments should be changed to Adjustment. He stated on page five,the second paragraph, second line from bottom should state Hartzog also explained each individual on the Board looks at the request from different perspectives. He also pointed out the second needs to be changed to seconded. He then stated on page six the line just before item number six should read Mr. Hartzog notified Ms. Hoffman that she could pick up her building permit. Mr. Duigon then stated in item number six, third paragraph should state ... The Planning and Zoning meeting to be held October 23, 2002. In the last paragraph the year 1984 should be 1994 and in line three from the bottom of the paragraph should state this application could effect any outcome. Mr. Harden moved to approve the minutes for October 22, 2002 as amended. Mr. Slocum seconded the motion. A vote was taken. The motion carried. Mr. Hartzog advised those present that these are public hearings to receive citizen comments #3 Discuss and Take Action: On the resignation of Mr. James E. Harris. Mr. Hartzog explained that Mr. Harris has moved out of the city therefor he is unable to continue as a Board member. He then asked if one of the alternates would be interested in moving into the vacant position. Mr. Hartzog then explained the process of how to bring on a new member. He then asked if Ms. Brown or Mr. Slocum would like to move into the position. Both members stated they would like to remain altemates on the Board. Mr. Slocum then spoke to Mr. Hams and stated how much he enjoyed working with him on the Board. In a brief discussion it was decided to leave the notice that The Board of Adjustment has a opening until a replacement for Mr. Harris is found. #4 Public Hearing: On a request from Kelly Baker, 3733 Limestone Mesa, Carolina Crossing Subdivision for a special exception to the zoning ordinance for a rear yard setback from 20' to 14' and 10' for the addition of a wood deck (BOA #165-A-01). Mr. Youngblood apologized to each of the people who have requested a variance for the delay on this meeting. He stated historically there has not been a Board of Adjustment meeting in the month of December. Mr. Hartzog explained the Board would always make it to a meeting provided they could come up with a quorum. Mr. Youngblood stated the staff has no aversion to this request and recommends approval. Mr. Hartzog asked how many letters were sent out. Mr. Youngblood stated 19 letter sent. There are two in favor and none opposed. Mr. Brockman stepped in and asked about a quorum of five in order to vote. Mr. Hartzog explained a quorum is four and 75% of the Board is needed to approve. Mr. Brockman stated he would like clarification on the voting order to reprise the action of 3 out of 5 to the citizens. Mr. Brockman wanted to clarify this issue in order for public to understand due to a vote made at a previous meeting where the vote was three to one. Mr. Duigon stated that at that meeting the vote was three to two. Mr. Hartzog then explained when the Board first began the vote was 75% needed to pass anything. At one time there was a three for to one against vote where the request did not pass. The Board then went to City Council to change the voting ordinance to be 75% of the vote to pass the request. (A quorum of 4 are needed to pass a request) In a brief discussion Mr. Brockman was informed how the voting is constructed. Mr. Hartzog stated the Public Hearing is open to hear any comments on Ms. Baker's request not to discuss voting issues. He then asked if there were any other comments on the request from Ms. Baker. There were no other comments and Mr. Hartzog closed the public hearing. #5 Public Hearing: On a request from Doug & Pamela Kuehn, 405 Aviation, Aviation Heights Subdivision for a special exception to the zoning ordinance to encroach into the front yard setback from 25' to 19.6' for a porch and roof (BOA #166-01) Mr. Youngblood stated the staff has no comments on this issue. There is not a Homeowners Association for this Subdivision therefore this is why a HOA letter is not enclosed. He stated the staff recommends this issue for approval Mr. Hartzog asked how many letters were sent and what is the outcome of this. Mr. Youngblood stated there were 30 letters sent and three of them were in favor and zero were against. Mr. Hartzog asked if the Planning and Zoning Commission had any comments. Mr. Sommers explained to the Board that the Planning and Zoning Commission had no issues and voted to forward this request to the Board of Adjustment with a recommendation to approve. Mr. Hartzog asked if there were any comments or concems from the citizens. There were no further comments and Mr. Hartzog closed the public hearing. #6 Public Hearing: On a request from Calvin Williamson, 2432 Woodbridge Way, Woodbridge Subdivision for a special exception to the zoning ordinance to encroach into the back yard setback from 20' to 10' to construct a deck (BOA #167-01) Mr. Youngblood stated the staff has no concerns and the HOA recommend approval. There were 6 letters sent with no responses made. Mr. Hartzog asked for any input from The Planning and Zoning Commission. Mr. Sommers stated the Planning and Zoning Commission met on December 11, 2001 and had no comments and voted to forward this request to the Board of Adjustment with a recommendation to approve. Mr. Hartzog asked if anyone wanted to comment on this request. Mr. Williamson came forward to explain why he wanted to construct a deck. He presented the Board with pictures showing the steep grade of the property and why it is important to build a deck. Mr. Hartzog asked if there were any others who would like to speak on this issue. No comments were made. Mr. Hartzog the closed the public hearing. #7 Consider and Take Appropriate Action: Request for approval on the above special exception to the Zoning Ordinance for Kelly Baker (BOA #165-A-01). Mr. Hartzog asked for any discussions and comments on this request. Mr. Duigon explained he went to Ms. Baker's Subdivision although he could not access the property due to the security gates at the entrance of the Subdivision. Otherwise if the homeowners who received letters have no issues then he has no comments. Mr. Hartzog presented to staff that this is a concern he has that the Board members look at these requests. When unable to access the property it is hard to have an idea of what would be constructed. He stated they need some form of access to these Subdivisions. Mr. Youngblood explained that the Board should make arrangements with staff in order to access these subdivisions. With no further discussion Mr. Duigon moved to approve the request from Ms. Baker for a special exception to the zoning ordinance for a rear yard setback from 20' to 14' and 10' for the addition of a wood deck (BOA #165-A-01). Mr. Slocum seconded the motion. A vote was taken. The motion carried. Mr. Hartzog notified Ms. Baker that she could pick up her building permit. #8 Consider And Take Appropriate Action: Request from the above special exception to the Zoning Ordinance for Doug & Pamela Keuhn. 4 Mr. Hartzog asked for any discussion on this issue. Mr. Harden moved to approve the request from Mr. & Mrs. Keuhn for a special exception to the zoning ordinance to encroach into the front yard setback from 25' to 19.6' for a porch and roof (BOA #166-01). Mr. Duigon seconded the motion. A vote was taken. The motion carried. Mr. Hartzog notified Mr. & Mrs. Keuhn that they could pick up the building permit. #9 Consider And Take Appropriate Action: Request from the above special exception to the Zoning Ordinance for Mr. Williamson. Mr. Hartzog asked if there was any discussion. He then stated he looked in the back yard of Mr. Williamson's residence and the pictures he presented were accurate. Mr. Duigon stated he thought the reason for Mr. Williamson approaching to speak was because his wife wanted the deck. There being no further discussion Mr. Harden moved to approve the request from Mr. Williamson for a special exception to the zoning ordinance to encroach into the back yard setback from 20' to 10' to construct a deck (BOA #167-01). Mr. Duigon seconded the motion. A vote was taken. The motion carried. Mr. Hartzog notified Mr. Williamson he could pick up his building permit. #10a Items by the Board and City Planner: Mr. Duigon stated when he was out looking in Aviation Heights Subdivision He noticed a large motor home with the slide out extended also has electricity hooked to it. His concern is someone has apparently set up house keeping in the street. Mr. Keuhn stated this motor home would be leaving within a couple of days. The people are only here to visit the elderly gentleman who resides in the house. Ms. Brown stated she appreciates the patience of the Board while she is in school. She then stated she hopes to make it to all meetings until May. At that time she will know whether she will be able continue after she starts back to school. #10 Adjournment: Mr. Hartzog adjourned the meeting of February 11, 2002 at 7:10pm. ~~ -- _,~ / ` / ~, Chairman; Board of Adjust ent ~- `- _ _--- ATTEST: / ~ ~-~O Recor ing Se eta ,City of Schertz