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BOARD OF ADJUSTMENT MEETING
November 17, 1997
The Schertz Board of Adjustment convened in regular session on Monday, November 17,
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
PIA JARMAN, P & Z COMMISSIONER,
ex-officio
OTHERS PRESENT
David P. Britton,
1345 Birchwood Circle
MEMBERS ABSENT
#1 CALL TO ORDER
CITY STAFF
Steve Simonson, Assistant City Manager
Mary Ybarra,
Planning Secretary
Chairman Hartzog called the November 17, 1997 to order at 6:00 p.m.
#2 APPROVAL OF MINUTES: Regular Session September 15, 1997 and
Regular Session October 6, 1997.
Chairman Hartzog asked if there were any questions or corrections to the minutes.
Earl Hartzog moved to approve the minutes of the Regular Session of September 15,
1997 and Regular Session of October 6, 1997 as written. Jim Harris seconded the motion
which carried with a unanimous vote.
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#3 PUBLIC HEARING: The Board of Adjustment to receive citizen input on a
request from David P. Britton, 1345 Birchwood Circle, for a Special Exception to the
Zoning Ordinance to encroach 2' into the platted utility easement. (BOA #97-97)
David P. Britton was present at the meeting to represent this request.
Chairman Hartzog stated the purpose of the Public Hearing is to receive comments from
interested citizens. The Board of Adjustment will take all the comments into consideration
in their decision. After the Public Hearing is closed there will be no other comments taken.
Earl Hartzog asked for staff input.
Steve Simonson stated that in accordance with the ordinance for the Board of Adjustment,
all property owners within 200' radius were notified. There were 6 letters sent concerning
this request, 2 letters were received back in favor.
Steve Simonson stated that there is also a copy of a letter from GVEC stating they do not
use this easement because of easements on both sides of the property. The
encroachment would only be 2' into the 5' easement, that would still leave three feet to the
fence line which is normally what the city enforces for side yard for auxiliary buildings.
Earl Hartzog asked if one of the letters returned is from the property owner of Lot 7 or is
Lot 7 vacant? Steve commented the owner of Lot 7 was contacted.
Pia Jarman stated that P & Z had recommended approval.
Earl Hartzog asked Mr. David Britton if he had any comments or questions. Mr. Britton
replied no.
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 David P. Britton. (BOA #97-97)
Earl Hartzog commented on the letter from Southwestern Bell authorizing the use of the
easement that he has some concern with the last paragraph, wherein it states "if
Southwestern Bell needs it" in the future.
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Ted Duigon asked if a building permit is needed from the city for a portable building?
Steve Simonson replied yes so it can be installed correctly.
Jim Harris moved to approve the request from David P. Britton for a Special Exception to
the Zoning Ordinance to encroach 2' into the platted utility easement. Norman Slocum
seconded the motion which carried with a unanimous vote.
#5 GENERAL DISCUSSION:
Chairman Hartzog stated that before continuing the meeting, he would like to inform the
members that he received a letter of resignation from Joyce Briscoe effective Oct. 21,
1997. She has been appointed to the Planning & Zoning Commission.
Anita Clark:
Anita Clark stated Christmas is coming and two things to note for the first part of
December: the Police Academy Alumni Association Dinner for Police Officers and their
families on December 3rd, and the City Tree Lighting on the 4th at 6:30 p.m.
Anita asked if a BOA meeting hid been scheduled for anytime soon. Earl Hartzog
commented the next meeting will be December 8, 1997.
Ted Duigon:
Ted Duigon stated that from the last P & Z meeting that he attended, he does not clearly
understand bureaucratically or administratively, the distinction of responsibility between P
& Z and BOA in reference to the sign ordinance. There are issues that need clarification.
Steve Simonson stated that the BOA is required by law to make any decisions concerning
deviations in zoning issues particularly in setbacks and also in non-conforming uses.
Signs are a separate ordinance, signs are not addressed by State law. Cities have their
own requirements in signage issues. BOA is not involved in signage issues.
Jim Harris asked if this applied to the 3009 tower issue. Steve replied it did. The cellular
tower was a zoning issue because it dealt with unauthorized height (non-conforming use)
and the area (zone) the tower can be placed.
Norman Slocum:
Norman asked if the City has a Garden Club and if the City does, who is in charge. Steve
Simonson responded the City has a Landscaping Committee for the Xeriscape Park. Gail
Douglas, the librarian, is handling the project at present.
Jim Harris:
No Comments
Pia Jarman:
Pia mentioned that City Council would be honoring Merwin Willman for all the years of his
service to the City. Merwin had served in various capacities; in Planning and Zoning
alone for 18 years. After the presentation there will be an open house for him in the
Conference Room and all are invited.
Steve Simonson:
Steve commented that due to Joyce Briscoe's resignation, how would the board members
like to handle the replacement? Steve mentioned that P & Z had several applicants that
had scored very highly and showed interest in serving on the board.
Steve isn't sure whether the board would like to invite these applicants or put out a notice
that there is an opening for members.
Earl Hartzog stated he would like to see another female appointed to the board. Earl
commented he would like to call Barbara Stanhope to see if she would be interested.
Steve commented she is very busy with other projects. Pia added that Barbara is
considering moving from the area.
Earl Hartzog wondered if it would be right to appoint anyone to the BOA and have them
come in "cold turkey", not knowing much about City government.
Ted Duigon commented that anyone indicating an interest in serving on the board should
be given the opportunity, regardless of their knowledge of City government.
Norman Slocum commented that in his opinion the best qualified person is what the board
should be looking for. The City has matured through the years and he feels the board
should bring in "nevV' blood, not necessarily young blood, and continue the maturing
process.
Steve Simonson stated that legal counsel is that Joe Potempa should not serve on the
Board of Adjustment.
Steve Simonson stated that he can bring in the applications of the P & Z applicants and
have the board members review to see if any qualify.
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Steve Simonson stated there are no guidelines to fill vacancies for the BOA. The board
can advertise the vacancy in the same procedure that P & Z does by announcing on the
water bill, newsletter and notices posted. This is a first for BOA and the board has not
adopted guidelines.
Pia Jarman commented that all the applicants, other than the two already on the BOA,
were asked if they were interested in serving the City in another capacity. The applicants
indicated their desire to serve.
Ted Dugion stated he recommends that in the form of a motion, that the board ask City
staff to advertise in the same format that is used to fill vacancies for P & Z.
Earl Hartzog stated that the motion was out of order due to not being an agenda item and
two of the board members are in agreement. Anita Clark suggested that the board review
the applications at the next meeting scheduled for Dec. 8, 1997. Steve Simonson stated
he is not sure if there is time to get the notice on the water bill or not. Notices can be put
out in City Hall and word of mouth however, Steve added there would be a cut off date of
Dec. 8, 1997.
Earl Hartzog stated that the board members are in agreement and for Steve to include the
two applicants from P & Z.
Norman Slocum asked if P & Z have a certain procedure for selecting members.
Pia Jarman replied that each applicant is interviewed and each is given a numerical rating
depending on the number of applicants. For example if there are four applicants, the one
deemed most qualified is given four (4) points, the next three on down on one (1). The
Commissioners are given a form to rate each applicant; the points are added for each
individual and a selection is then made.
Norman Slocum asked if this form of selecting worked. Pia replied yes. Steve added it
has indeed. Norman commented the board could adopt this form of selecting its board
members as well.
Earl Hartzog requested that a copy of the P & Z selection procedures be brought to the
next meeting of Dec. 8, 1997.
Earl Hartzog asked if a plaque is appropriate for Joyce Briscoe from the BOA. Steve
Simonson stated he would put something together.
Pia Jarman stated for clarification purposes that the ruling for Joe Potempa not serving on
the board is because both City Council and the BOA are legislative bodies, and this could
cause a conflict of interest.
#fi ADJOURNMENT:
Earl Hartzog adjourned the meeting at 6:25 p.m.
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Chairman, Bird of A stmen
ATTEST:
Planning Secretary,-City of Schertz, Texas