08-11-1997BOARD OF ADJUSTMENT MEETING
AUGUST 11, 1997
The Schertz Board of Adjustment convened in regular session on
Monday, August 11, 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 OTHERS PRESENT
EARL HARTZOG, CHAIRMAN
TED DUIGON, VICE-CHAIRMAN
ANITA CLARK
JIM HARRIS
JOE POTEMPA, ALTERNATE
JOYCE BRISCOE
PIA JARMAN, P & Z COMMISSIONER
ex`-officio
MEMBERS ABSENT
#1 CALL TO ORDER
OTHERS PRESENT
JAN P. HUGGINS,
2925 BENT TREE
DR.
CITY STAFF
STEVE SIMON50N,
ASST, CITY MANAGER
MARY YBARRA,
PLANNING SECRETARY
Chairman Hartzog called the meeting to order at 6:00 p.m.
Chairman Hartzog extended his condolences to Jim Harris and
family on the loss of 'his- wife on behalf of the BOA
Jim Harris expressed his appreciation on behalf of his family
for the support shown by the City of Schertz.
#2 APPROVAL OF MINUTES: Regular Session of June 30, 1997.
Chairman Hartzog stated Board Members should have a copy of the
corrected pages 3 and 4 and on page 5 a correction of a word.
Joe Potempa stated that on page 4, it should state that he
would like to volunteer next month as a regular member for the
BOA.
Joe Potempa moved to approve the minutes for the regular
session June 30, 1997 as corrected. Anita Clark seconded the
motion which carried as follows:
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Ayes: Earl Hartzog, Anita Clark, Joe Potempa Jim Harris.
Abstention: Ted Duigon, Joyce Briscoe (not present at said
meeting).
#3 PUBLIC HEARING: The Board of Adjustment to receive citizen
input on a request from Jan P. Huggins, 2925 Bent Tree Drive
for a Special Exception to the Zoning Ordinance to the 20' rear
yard setback to allow extension of existing deck.(BOA #93-97)
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 in
their decision. After the Public Hearing is closed there will
be no other comments taken.
Chairman Hartzog asked for staff input.
Steve Simonson stated this proposal is being sent by the
Planning and Zoning Commission, they are recommending approval.
If you look at the drawing of the house and the proposed
addition it shows that only a quarter or a very small portion
of one corner will intrude into the 20' setback and that none
of the area will be intruded in the utility easement in the
rear.
Chairman Hartzog asked how many letters were sent out. Steve
Simonson commented 11 letters were sent out concerning this
request and 5 letters were returned in favor.
Chairman Hartzog asked Pia Jarman if there were any comments
from Planning and Zoning.
Pia Jarman stated Planning and Zoning recommends approval. Pia
Jarman stated that Mr. Huggins did not have a neighbor behind
him; that area is all in the 100 year flood plain and there
will never be any one behind him.
Chairman Hartzog asked Mr. Huggins if he had any comments.
Mr. Huggins had none. Earl Hartzog added there was no one
present in the pubic to oppose the request.
Chairman Hartzog closed the public hearing at 6:05 p.m. with
no other comments or questions being voiced.
#4 CONSIDER AND TARE APPROPRIATE ACTION: Consider and take
action on the above Special Exception request from Jan P.
Huggins. (BOA #93-97)
Joe Potempa moved to approve the request from Jan P. Huggins,
2925 Bent Tree Drive for Special Exception to the Zoning
Ordinance for 20' rear yard setback to allow extension of
existing deck. Ted. Duigon seconded the motion which carried as
follows:
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Ayes: Anita Clark, Jim Harris, Joe Potempa, Ted Duigon, Earl
Hartzog.
Pia Jarman brought up a Point of Order: This Board of
Adjustment consists of five members. The meeting started with
the fifth member being an Alternate upon arrival of the regular
member, the Alternate should have stepped out. The arrival of
the regular member was inadvertently overlooked as it was
almost simultaneous with the chair's gavel calling the meeting
to order. To maintain the legality of the meeting, Joyce
Briscoe, conversant with parliamentary procedures, did not vote
on this issue.
Pia believed she needed to bring this up because the attendance
record will show five regular members and one alternate. It
will also explain why Joyce Briscoe did not vote, there having
already been five {5) ayes by the time it was her turn to cast
a vote on agenda item #4.
#5 CONSIDER AND DISCUSS: The reappointment of the following
BOA members:
1. Earl Hartzog, Chairman
2. Ted Duigon, Vice-Chairman
3. Joe Potempa, Alternate
Chairman Hartzog commented he had talked to each one of the
members and they all desire to continue to serve. Joe Potempa
would prefer to be a permanent member on BOA, at the moment Ted
Duigon would like to continue to be a permanent member.
Chairman Hartzog stated that if there was no objection, he
would like a motion to make the recommendation to City Council
for reappointment of the members to the Board of Adjustment.
Joe Potempa stated that this issue was on the agenda for the
City Council meeting Wednesday night, all they are waiting for
is a letter from the BOA.
James Harris moved to recommend to City Council the
reappointment of these members.
Joyce Briscoe asked shouldn't this request show Joe Potempa as
alternate? Chairman Hartzog commented it should.
Joe Potempa commented he could be permanent. Ted Duigon stated
this is an item for discussion, what is current policy on
members.
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Steve Simonson stated that under the current rules, we would
have to go by the appointment of an alternate and the
appointment of the permanents, the Chairman and Ted Duigon, and
Joe Potempa would have to be an alternate. Steve Simonson
added at the next meeting the rules on the number of permanent
personnel and alternates could be discussed as well as which to
change. Then the members would need to come in with
suggestions and make a recommendation to City Council. A vote
later could change the status quo and a recommendation could be
sent to City Council to change Mr. Potempa to a permanent
member. Under the current rules, it cannot be changed.
Chairman Hartzog stated
Steve Simonson commented
members to 7, but that ~
different BOA meeting.
Chairman Hartzog stated
reappoint these members.
carried as follows:
how would that change on the vote.
that the vote would have to go from 5
could have to be a separate item at a
there was a motion on the floor to
Anita Clark seconded the motion which
Ayes: Jim Harris, Anita Clark, Joyce Briscoe, Ted Duigon, Earl
Hartzog.
#6 GENERAL DISCUSSION:
Joe Potempa:
Joe Potempa stated he had no comments
Jim Harris:
Jim Harris stated he had no comments
Anita Clark• '
Anita Clark stated she was disappointed that none of the bond
proposals for the parks were approved. It was a matter of lack
of education for citizens.
Ted Duigon:
Ted Duigon stated he needed a clarification on the cover letter
from Steve Simonson. Steve Simonson stated it should read
major "developers".
Ted Duigon stated that it was mentioned that the module trailer
in front of the mobile home on Schertz Parkway was temporary
and it looks more permanent. Steve Simonson added these were
the offices for the model homes being built which P & Z
approved and parking will be where the module trailer is now.
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Joe Potempa asked had any one looked at the drainage, the other
night with the rains we have had, the water was up to the
Mexican restaurant, on its sides, back and into the streets.
Its slowing the water.
Jovice Briscoe•
Joyce Briscoe stated she had made it through her first day of
school.
Pia Jarman•
Pia Jarman stated she had no comments
Steve Simonson:
Steve Simonson stated Taco Cabana was going to be a problem
child. The site plan has been brought in and even though they
were told there were restrictions on sign height on 3009,
because they are not on IH 35, they still came in requesting a
sign variance for a sign 70' high. They were told in the
beginning the requirements and that there would be no deviation
from it. Steve Simonson added that there will also be a Taco
Bell going in and about 4 or 5 more businesses at Tri-County
Business. One of them being a building about 375,000 sq.ft.
This is a single user coming out of San Antonio. We are
talking about a lot of large square foot buildings coming in.
Joe Potempa asked what was the maximum height requirement for a
sign. Steve Simonson commented that on 3009 it is 18.7', and
all the large signs are on IH 35.
Chairman Hartzog asked Mary Ybarra if there was anything coming
up. Mary Ybarra commentedtno.
Chairman Hartzog:
Earl Hartzog stated he had no comments
Chairman Hartzog adjourned the meeting at 6:20 p.m.
~'~ ~,
Board of A just nt airman,
ATTEST:
Planning Secretary,. City of Schertz
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