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12-08-1997 n/sBOARD OF ADJUSTMENT MEETING DEC. 8, 1997 The Schertz Board of Adjustment convened in regular session on Monday, Dec. 8, 1997 at 6:00 p.m. in the Municipal Complex Council Chambers, 1400 Schertz Parkway, Schertz, Texas. Those present were as follows: BOARD OF ADJUSTMENT EARL HARTZOG, CHAIRMAN TED DUIGON, VICE-CHAIRMAN ANITA CLARK JIM HARRIS NORMAN SLOCUM, ALTERNATE PIA JARMAN, P & Z COMMISSIONER, ex-officio MEMBERS ABSENT OTHERS PRESENT Roy Richard, Jr. CITY STAFF STEVE SIMONSON, ASST, CITY MANAGER MARY YBARRA, PLANNING SECRETARY #1 CALL TO ORDER Chairman Hartzog called the meeting to order at 6:00 p.m. ~2 APPROVAL OF MINUTES: Regular Session of Nov. 17, 1997. Chairman Hartzog stated that on page 5 a correction be made in the statement made by him in the discussion in adopting the same format used by the Planning and Zoning to fill vacancies. Ted Duigon stated there are some typo's and he will get with the recording secretary so corrections can be made. Ted Duigon moved to approve the minutes of Nov. 17, 1997 as corrected. Anita Clark seconded the motion which carried with a unanimous vote. #3 PUBLIC HEARING: The Board of Adjustment to receive citizen input on a request from Roy Richard, Jr., 3412 Estates Drive for a Special Exception to the Zoning Ordinance for construction of a swimming pool 3' into the 16' rear yard utility easement. (BOA #98-97) -1- Chairman Hartzog stated the purpose of the Public Hearing is to receive comments from interested citizens. The Board of Adjustment will take all of the comments into consideration in its decision. After the Public Hearing is closed there will be no other comments taken. Chairman Hartzog asked for staff input. Steve Simonson stated that in accordance with the ordinance for the Board of Adjustment, all property owners within a 200 foot radius were notified. There were 4 letters sent concerning this request, 2 letters were received back in favor. Steve Simonson stated this request is for an encroachment of 3' into the 16' utility easement. As the diagram shows the deck not, the pool is encroaching into the utility easement. Steve added that letters from the utility companies that are in the easement show they do not have a problem with the encoachment. Pia Jarman stated that P & Z had recommended approval. Pia added that Chairman Evans had called Southwestern Bell about the $150 that is being charged for approval on the use of the easement. He asked, "is it a standard bill of fare" but he did not get an answer. The Commissioners were outraged to learn that citizens have to pay for someone from Southwestern Bell to come out to tell them yes, the telephone line is there. Earl Hartzog asked Mr. Richard if he had any questions or comments in respect to the request. Mr. Roy Richard stated he just wanted approval to build the pool which would make his children happy. Chairman Hartzog closed the public hearing at 6:05 p.m. with no other comments or questions being voiced. ~4 CONSIDER AND TAKE APPROPRIATE ACTION: Consider and take action on the above Special Exception request from Roy Richard, Jr. BOA #98-97. Jim Harris moved to approve the request from Roy Richard, Jr. 3412 Estates Drive for Special Exception to the Zoning Ordinance for construction of a swimming pool 3' into the 16' rear yard utility easement. Anita seconded the motion which carried with a unanimous vote. ~5 CONSIDER AND DISCUSS: Review applications for vacancy on the Board as well as the selection procedures. -2- Anita Clark asked if there are any more applicants? Steve Simonson replied "only the ones in the packets." Pia Jarman stated the Planning and Zoning selection procedure that had been requested are in the packet. Earl Hartzog stated that Kathy Hill was the Planning and Zoning applicant that had been interviewed by the Commission. Pia Jarman added that George Maxfield had also been reviewed and had been very impressive. She assumes these applicants will be called in for interviews. Earl Hartzog stated he did not know. That it is up the other board members. Anita Clark stated that the item coming up to be placed on the agenda for January might be an item that will require much discussion by concerned citizens and the selection of board members be postponed until another date. Earl Hartzog stated that a selection of board member and alternate needs to be done right away. The board members stated that they were very impressed with all the applicants. Kathy Hill and George Maxfield were very highly recommended by Planning and Zoning Commission. Peggy Brown, Earl Hartzog stated that he had talked to Peggy and she had submitted her application. Ted Duigon suggested that some decision be made in the selection procedure before any discussion as to "who" is to fill the vacancy and when. Ted Duigon stated that about four years ago he had applied for the Planning and Zoning Commission at the request of the City Manager and was asked to come in for an interview. At that time all the members and candidates remained in the room. This procedure was very awkward for him due to the law suit he had against the city. One of the Commissioners stated it was grounds for disqualification. The City Manager at the time had checked with the city attorney and there was no grounds for disqualification. The same Commissioner that had made the statement made a motion to disqualify him. Another candidate was nominated, and voted for. The other candidates were excused and thanked. "I left feeling very disappointed in the selection procedure." Ted Duigon added that the current selection procedure in use by the Planning and Zoning is very different from what was used then. He also added that he thought the volunteer service form in asking for date of birth, marital status is inappropriate in today's arena of "political correctness." -3- Ted Duigon stated that once qualified volunteers are selected, that the procedures be the P & Z one that is used. The selection, the interviewing, etc.. Jim Harris asked what the qualificaions are for anyone wishing to volunteer and who screens the applicants? Steve Simonson stated they. have to be a resident of the city and registered voter. Jim Harris asked does anyone check to see if all the information is correct. Steve replied no one checked these applications for veracity. Jim Harris added then the board does not know if the applicants are qualified. Jim Harris stated he has a problem with the form and it should be checked first before anything else. Steve Simonson said that the residence requirement is verified because letters are sent to the address given, the voting requirement has not been checked but will be if the Board so desires. Steve Simonson stated that the procedure used Zoning voting is the numbering method. Each given a form and each one gives the candidate from one (1) to whatever, depending on applicants. No names are used on the form, totaled by a non voting member and the app. highest score is selected. by Planning and Commissioner is a number rating the number of the points are licant with the Pia Jarman stated this procedure is very democratic, secret and has worked very well for the Planning and Zoning Commission. The procedure used before like the one Ted Duigon mentioned was very awkward and caused some problems later knowing who voted for which candidate etc. Anita Clark asked if there is a certain set of questions that are asked? Pia Jarman stated yes, some of the questions are asked to relax the applicant and others are key questions. The questions are provided to each Commissioner and each will provide the Chair with the questions to be asked which will be the same question asked to each applicant. Ted Duigon stated that at the previous Planning and Zoning interview the applicants were asked to leave the room and "I was the first to be interviewed and was present when the Chairman asked each Commissioner which question they were going to ask." He would have preferred to have been out of the room at that time. Ted stated he would not have a problem with prerecorded questions selected by the Chair. Ted Duigon stated that the basic procedure of interview and voting is the correct manner to select new board members. Pia Jarman suggested that the By Laws be amended to suit the board including the selection procedure and then voted on at the .next meeting. -4- Steve Simonson stated that it can be rewritten and be made an agenda item and officially adopted before any interviews are scheduled. He suggested each member review the document and submit any suggestions so the changes can be made and retyped and will be on the agenda at the next meeting. Ted Duigon asked if the replacement members on the Board of Adjustment are they "appointed by the City Council?" Steve Simonson replied yes, it is an agenda item to that effect. Pia Jarman stated usually there is no problem with approval being made on the selection. Pia Jarman stated that in some cities, all board members as well as alternates are present at the BOA meetings, and given packets so they can be training and learning and they don't come in "cold turkey" to meetings. Anita Clark volunteered to rewrite the P & Z screening and selection procedures to suit BOA. Ted Duigon will rewrite the questions for the board. Earl Hartzog requested they do so. Steve Simonson stated the rewritten copies will be provided in the board members packets for reviewing. It will be made an agenda item and the board will vote to adopt the questions and the procedure for interviewing. Earl Hartzog stated the procedures as discussed will be an agenda item at the next meeting. #6 GENERAL DISCUSSION: Jim Harris• Jim wished everyone a Merry Christmas and a Happy New Year. Ted Duigon• Ted informed the board that he would be out of town until the middle of February because his daughter is excepting a baby and he will be with her until the baby is born. Steve Simonson commented that if a BOA meeting is scheduled the first of the year, Norman Slocum, the alternate, will have to attend in order to have a quorum. Anita Clark• Anita wished everyone a very Happy Holiday. -5- Pia Jarman: Pia stated that in the selection process discussed anyone is qualified, that shows an interest should be considered, whether they know Schertz city government or not. "For example in the last 4 1/2 years that I have served on the Planning and Zoning Commission, the city has grown and changes have taken place. Just because someone has served 10 years ago doesn't mean they know everything about the city as it functions today. Steve Simonson: Steve stated the board has his notes on the construction and new businesses for the city. Steve also discussed the traffic impact for the city and how it has changed. In 1995 FM 3009/IH 35, the count was 10,200; in 1996 it was 15,000; no count for 1997 at present. At the Bussy's area the count in 1995 was 63,000 in 1996 the count was 85,000. At FM 78/Cibolo Creek in 1995 and 1996, in a 24 hour period the traffic count was 2,500. The FM 78 Right of Way project is well under way. In the expansion from the street to the creek the two old houses, shoe shop, a/c building will be lost. All parking to these buildings will be lost. It will be cleaned up to become a beautiful area. There will be many changes taking place. The construction date will be sometime in 1998. Earl Hartzog: Earl wished everyone a happy holiday. ~7 ADJOURNMENT: Chairman Hartzog adjourned the meeting at 6:50 p.m. Board of Adjustment Chairman, City of Schertz, Texas ATTEST: Planning Secretary, City of Schertz -6-