04-28-1997BOARD OF ADJUSTMENT MEETING
April 28, 1997
The Schertz Board of Adjustment convened in regular session on
Monday, April 28, 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
JOE POTEMPA ,~
JOYCE BRISCOE
JIM HARRIS
PIA JARMAN, P & Z COMMISSIONER
MEMBERS ABSENT
OTHERS PRESENT
Kathleen Kilcrease,
500 Wayward Pass
Kate Morrison,
528 Wooded Trail
CITY STAFF
ANITA CLARK, (VACATION ) STEVE SIMONSON,
ASST. CITY MANAGER
DENISE GRANGER,
PLANNING SECRETARY
#1 CALL TO ORDER
Chairman Hartzog called the meeting to order at 6:00 p.m.
#2 APPROVAL OF MINUTES:
Regular Session April 7, 1997.
Chairman Hartzog asked if there were any questions or
corrections on the minutes.
Jim Harris moved to approve the minutes for the regular session
April 7, 1997. Earl Hartzog seconded the motion which carried
as follows.
AYES: Earl Hartzog, Jim Harris, Ted Duigon.
ABSTENTION: Joe Potempa (Not present at said meeting}.
#3 PUBLIC HEARING: The Board of Adjustment to receive
citizen input on a request from Daniel Kilcrease, 500 Wayward
Pass for a Special Exception to the Zoning Ordinance for Rear
Yard Setback from 20' to 10' for a Patio Cover. (BOA #88-97)
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 in accordance with the ordinance for the
Board of Adjustment, all property owners within a 200 foot
radius were notified. There were 24 letters sent concerning
this request, 6 letters were received back, in favor.
Steve Simonson stated they are requesting a 10' variance
because of the size of the patio cover and the size of the lot.
This is due to the footing being outside of the patio cover and
not part of the cover.
Chairman Hartzog asked Pia Jarman if there were any comments
from the Planning and Zoning other than their recommendation?
Pia Jarman stated she understands at the Planning and Zoning
meeting which she did not attend, there was no problem. It was
approved and there is a letter from Ernie Evans, the Chairman,
recommending approval.
Chairman Hartzog closed the Public Hearing at 6:03 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 David Morrison, 728 Wooded
Trail for a Special Exception to the Zoning Ordinance for an
Accessory Building to Install a Swimming Pool. (BOA #89-97)
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 in accordance with the ordinance for the
Board of Adjustment, all property owners within a 200 foot
radius were notified. There were 9 letters sent concerning
this request, 3 letters were received back, in favor.
Steve Simonson stated this is an accessory building. It does
not involve the back yard building setback as it is an
accessory building not attached to the structure. The
accessory building ordinance states that an accessory building
can be no closer than 10' to the main building. This request
is to be within 5' to the foundation of the rear of the
building.
Chairman Hartzog asked for comments from the Planning and
Zoning.
Pia Jarman stated Planning and Zoning recommends approval.
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Chairman Hartzog closed the Public Hearing at 6:05 p.m. with
no other comments or questions being voiced.
#5 PUBLIC HEARING: The Board of Adjustment to receive
citizen input on a request from James Todd, 2500 Grove Park for
a Special Exception to the Zoning Ordinance for a Side Yard
Setback from 5' to 3' and Rear Yard Setback from 20' to 7.5'
for a Gazebo. (BOA #90-97)
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 in accordance with the ordinance for the
Board of Adjustment, all property owners within a 200 foot
radius were notified. There was 23 letters sent concerning
this request, 5 letters were received back, in favor.
Steve Simonson stated this is a double sided request for a side
yard variance and back yard variance. Mr. Todd's property is
backed up to a 10' cement drainage ditch that is the ROW for
the City of Schertz. This will not be encroaching 10' within
the back of his fence or the neighbors' fence. On the side
yard side there is a City park maintained by the City.
Chairman Hartzog asked for comments from Planning and Zoning.
Pia Jarman stated Planning and Zoning recommends approval.
Chairman Hartzog closed the Public Hearing at 6:07 p.m. with
no other comments or questions being voiced.
#6 CONSIDER AND TAKE APPROPRIATE ACTION: Consider and
take action on the above Special Exception request from
Daniel Kilcrease. (BOA #88-97)
Ted Duigon moved to approve the request submitted by Daniel
Kilcrease, 500 Wayward Pass for a Special Exception to the
Zoning Ordinance for Rear Yard Setback from 20' to 10' for a
Patio cover. Jim Harris seconded the motion which carried with
a unanimous vote.
#7 CONSIDER AND TAKE APPROPRIATE ACTION: Consider and
take action on the above Special Exception request from
David Morrison. (BOA #89-97)
Joe Potempa asked if this same type of request has ever been
requested in the past? Steve Simonson stated "yes" a few
times. A pool is not attached to the main building so it is
considered an "accessory building."
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Joe Potempa moved to approve the request submitted by David
Morrison, 728 Wooded Trail for a Special Exception to the
Zoning Ordinance for an Accessory Building to Install a
Swimming Pool. Jim Harris seconded the motion which carried
with a unanimous vote.
#8 CONSIDER AND TAKE APPROPRIATE ACTION: Consider and
take action on the above Special Exception request from
James Todd. (BOA #90-97)
Ted Duigon stated given that the public park is next door was
there anything special to the fact that it is a public park and
not a neighbors' back yard. Steve Simonson stated not in this
case. It is treated like any other request.
Jim Harris moved to approve the request submitted by James
Todd, 2500 Grove Park for a Special Exception to the Zoning
Ordinance for Side Yard Setback from 5' to 3' and Rear Yard
Setback from 20' to 7.5' for a gazebo. Joe Potempa seconded
the motion which carried with a unanimous vote.
~9 GENERAL DISCUSSION:
Ted Duigon•
Ted Duigon asked in regard to the letters to the requestor that
this has gone through the Planning and Zoning and "your
attendance is mandatory," obviously they don't comply. Is
there any reason for this "mandatory" statement?
Steve Simonson stated it needs to be stated that it is "highly
recommended" that they attend. If they don't show up the
question in our mind is how badly do they want this. The
question in the person's mind could be "I already attended one
meeting why do I need to attend another one."
Jim Harris•
Jim Harris stated at the last meeting there were comments made
on the discussion at the Public Hearing when Jim was
questioning the speaker. Was he not supposed to be asking
questions at that time?
Pia Jarman stated a public hearing is to hear the public. If
you have a question for someone in the public that is O.K. The
BOA should not among themselves discuss the issues at this
time. The time for the BOA discussion is when the item comes
up that states "consider and discuss." If you have a question
of the individual requestor, citizen or developer, then you ask
them at the time of presentation.
Joe Potempa•
Joe Potempa stated it was nice to be back and he would like to
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be with the BOA more often.
Joyce Briscoe:
Joyce Briscoe asked what the rumors are about HEB? Steve
Simonson stated he gets calls from all kinds of people saying
HEB will not open for six months. There are also rumors that
HEB has all kinds of businesses to go in with them. At this
time we have no particulars. HEB is to open on May 30, 1997.
Pia Jarman•
Pia Jarman mentioned that Mrs. Kilcrease, who was present
tonight, and her family are new in Ashley Park II. Last
Christmas they participated in the Christmas lighting contest.
They had a beautiful display and came in second as they were
not the ones that entered the contest but the neighbors entered
for them. There seems to be quite a community spirit in the
brand new subdivisions.
Steve Simonson:
Steve Simonson stated this will be Denise's last meeting as she
is taking a position at another City. Steve Simonson stated
for the record Denise has been the real backbone for Planning
and has doen many jobs beyond the scope of her job requirements
to ensure that many of the problems were handled. "You all
know in working with her outstanding the job that she has
done."
Various members of the Board expressed their regret in seeing
her leave and that they would certainly miss her and the fine
job she has done.
The BOA thanked Denise for her hard work and wished her good
luck in her new job.
Chairman Earl Hartzoct:
Chairman Earl Hartzog stated he had no comments.
#10 ADJOURNMENT
Chairman Hartzog adjourned the meeting at 6:25 p.m.
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Board of Adjustme Chai an,
City of Schertz, Texas
ATTEST:
Planning Secretary, City of Schertz
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