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06-30-1997BOARD OF ADJUSTMENT MEETING June 30, 1997 The Schertz Board of Adjustment convened in regular session on Monday, June 30, 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 ANTITA CLARK JOE POTEMPA JIM HARRIS NORMAN SLOCUM PIA JARMAN, P & MEMBERS ABSENT Z COMMISSIONER TED DUIGON, VICE-CHAIRMAN (out of town) JOYCE BRISCOE (vacation) #1 CALL TO ORDER OTHERS PRESENT Carol Simonson, 1309 Chestnut Dr. George Mower, 501 Brooks Ave. CITY STAFF STEVE SIMONSON, ASST, CITY MANAGER MARY YBARRA, PLANNING SECRETARY Chairman Hartzog called the meeting to order at 6:00 p.m. Chairman Hartzog took a minute to introduce everyone to the new recording secretary. #2 APPROVAL OF MINUTES: Regular Session of April 28, 1997. Chairman Hartzog asked if there were any questions or comments on the minutes. Earl Hartzog moved to approve the minutes for the regular session April 28, 1997. Joe Potempa seconded the motion which carried as follows: Ayes: Earl Hartzog, Jim Harris, Joe Potempa Abstention: Anita Clark, Norman Slocum (not present at said meeting) #3 PUBLIC HEARING: The Board of Adjustment to receive citizen input on a request from Donald McKnight, 913 Fawn Dr. for a Special Exception to the Zoning Ordinance for a 7.5' exception to the assumed electric easement to the property to construct a shed. (BOA #91-97) -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 on their decision. After the Public Hearing is closed there will be no other comments taken. Chairman Hartzog asked for staff input. Steve Simonson stated in accordance with the ordinance for the Board of Adjustment, all property owners within 200 foot were notified. There were 19 letters sent out concerning this request, 8 letters were received back, 7 in favor, 1 opposed. Steve Simonson stated this is a request for a side yard 5' setback to an electrical easement. GVEC does not have a problem with this because they do not have electricity on this easement. Chairman Hartzog asked Pia Jarman if there were any comments from Planning and Zoning. Pia Jarman commented there was one question in discussion, why at that particular site. There was no problem on approval from the Commissioners. Chairman Hartzog asked if there were any questions or comments. George Mower stated that he had received a letter with incorrect information, a second letter was received correcting this information and he did not have a problem with Mr. Knight's request. Chairman Hartzog closed the public hearing at 6:05 p.m. with no other comments or questions being voiced. ~4 PUBLIC HEARING: The Board of Adjustment to receive citizen input on a request from Steve and Carol Simonson, 1309 Chestnut Drive, for a Special Exception to the Zoning Ordinance for a side yard setback from 7.5' to 5' and accessory building setback from 10' to 4'. (BOA #92-97) 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 on their decision. After the Public Hearing is closed there will be no other comments taken. Chairman Hartzog asked for staff input. Steve Simonson stated he was excusing himself from the discussion, Pia Jarman was to represent his request. Pia Jarman stated in accordance with the ordinance for the Board of Adjustment, all property owners within 200 foot were notified. There were 27 letters sent out concerning this request, 3 letters were received back, in favor. _2 Pia Jarman added the letter from Barbara and James Theisen of Lot 21, Chestnut Dr., adjacent residents, was one of the letters in favor. There are two variances to this request. One is a side yard setback from 7.5' to 5'. The second request is for a variance of 6' from the 10' distance for accessory structures. The wooden deck currently 20' away from the existing house will then be 4' from the proposed addition. Safety is not an issue here. Chairman Hartzog asked Pia Jarman if Planning and Zoning had any comments . Pia Jarman stated Planning and Zoning recommends approval. George Mower stated that he thought the area was overbuilt. Has anyone driven by to take a look? Mr. Mower added that other residents and friends were having problems with the city in obtaining permits, and he had experienced also with a basketball hoop on his property, that he was told had to be moved which he did. Norman Slocum stated that the problems that Mr. Mower was talking about did not have any relevance at this meeting. Chairman Hartzog closed the Pubic Hearing at 6:15 p.m. with no other comments or questions being voiced. #5 CONSIDER AND TAKE APPROPRIATE ACTION: Consider and take action on the above Special Exception request from Donald Knight (BOA #91-97). Anita Clark moved to approve request submitted by Donald Knight, 913 Fawn Dr. for a Special Exception to the Zoning Ordinance for a 7.5' exception to the assumed electric easement to the property to construct a shed. Jim Harris seconded the motion which carried unanimously. #6 CONSIDER AND TAKE APPROPRIATE ACTION: Consider and take action on the above Special Exception request from Steve and Carol Simonson (BOA #92-97). Jim Harris asked had anyone looked at the property. Earl Hartzog commented he had, and in his opinion it does not look overbuilt. Pia Jarman commented that this was a sideyard setback and backyard setback with an accessory structure that required variances. Other structures on the property do not necessarily require a permit. Your back yard is your kingdom. -3- Joe Potempa moved to grant the request from Steve and Carol Simonson for a side yard setback from 7.5' to 5' and accessory building setback from 10' to 4'. Anita Clark seconded the motion which carried with a unanimous vote. ~7 GENERAL DISCUSSION: Joe PotemAa: Joe Potempa stated he would like to volunteer next month for BOA . Norman Slocum• Norman stated he had no comments Steve Simonson: Steve Simonson stated HEB had four new businesses; Mail Box, Cleaners, Insurance Agent and he could not remember the other one. Steve Simonson added that Mr. Sweatt was trapped at home during the flood crisis and he was acting City Manager in his absence. He also stated there had been total community support and there were no deaths to report which was good news. Norman Slocum asked had the State, Guadalupe County or FEMA sent anyone to the flood areas. Steve Simonson stated that they did not come out on Sunday but had later that week. Pia Jarman• Pia Jarman gave her appreciation to the City Staff, Police, Public Works and Fire Department for a job well done. They had worked around the clock during the disaster. Jim Harris• Jim Harris stated he had some confusion on the disaster figures. He had heard different figure amounts and wondered which of these figures were correct. 12 million was a figure he had heard and just wanted to know if this was an estimated figure. Steve Simonson added that FEMA revised these figures and are using replacement in their estimates. Anita Clark• Anita Clark wanted to remind everyone weekend, carnival is already here, park parade will start at 10:00 on Friday. this was the 4th of July is drained down and the -4- Chairman Hartzog: Chairman Earl Hartzog asked staff to check into the terms of BOA members, had they expired. He asked if anyone was not able to attend a meeting to call ahead so arrangements could be made to notify an alternate. The alternates Joe Potempa, Norman Slocum were on the board for that purpose. It was very embarrassing to come to a meeting and not have a quorum. We all have jobs, put have elected to sit on the Board and we should make the effort to come to the meetings. ~8 ADJOURNMENT: Chairman Hartzog adjourned the meeting at 6:30 p.m. Board of Adjus ent Chairman, City of Schertz, Texas ATTEST: Planning Secretary, City of Schertz -5-