04-07-1997BOARD OF ADJUSTMENT MEETING
April 7, 1997
The Schertz Board of Adjustment convened in regular session on
Monday, April 7, 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
ANITA CLARK
JOYCE BRISCOE
JIM HARRIS
PIA JARMAN, P & Z COMMISSIONER
MEMBERS ABSENT
OTHERS PRESENT
James Burrus,
Sprint Spectrum
James Logan,
Flagship Homes
Mr. Phillips,
Southwest Precast
CITY STAFF
TED DUIGON, VICE CHAIRMAN 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 March 31, 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
March 31, 1997. Joyce Briscoe seconded the motion which
carried with a unanimous vote.
#3 PUBLIC HEARING: The Board of Adjustment to receive
citizen input on a request from Sprint Spectrum, for a Special
Exception to the Zoning Ordinance for Height Regulation
Variance from 120' to 190' for a Cell Tower. (BOA #87-97)
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 1 letter sent concerning this
request, 1 letter was received back, in favor. The letter
returned was from the property owner. This request is for
height variance authorization from 120' to 190'. This is a 70'
variance request.
Chairman Hartzog asked Pia Jarman if there were any comments
from the P & Z Commission?
Pia Jarman stated the 120' in height is what is allowed in our
own regulations in the M-1 (Manufacturing District Light)
zoning. In the packet there are letters concerning FAR
(Federal Aviation Regulation) Part 77.13, according to which
notification to FAA is not required, since the antenna tower
would be more than 20,000' north of the nearest point of
Randolph Air Force Base Runway 14 L approach end. Because the
FAR only addresses air ports available to the public and those
of the US Air Force, the SOP is to notify private/personal air
ports or heliports in the tower area as a courtesy: Kitty Hawk
Field and Kardy's Air Port. The FAA does not require a light
at the top unless the tower is over 200'. P & Z recommends
approval of the height variance.
James Burrus stated letters notifying Kitty Hawk Air Field and
Karyd's were sent. This was verified by Steve Simonson. There
have been other companies invited to co-locate on this tower.
This is the reason for the 190'. Next Wave has indicated that
they would be interested in co-locating on this tower at 170'.
Jim Harris asked how did Sprint not know they were building in
the City of Schertz? James Burrus stated it was an oversight
by the surveyor, and as soon as it was brought to Sprint's
attention all the necessary paper work was submitted for the
approval of the tower.
A representative from New Wave stated they are very happy
co-locating with Sprint and would encourage the variance to be
approved.
Mr. Phillips stated he owns the property that the tower is
located on and such a tower has a lot of merit. Also Mr.
Phillips stated within the next six months he is going to start
cleaning up the front of his property.
Chairman Hartzog closed the Public Hearing at 6:15 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
Sprint Spectrum. (BOA #87-97)
Joyce Briscoe asked Pia Jarman if the P & Z would have approved
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the tower prior to construction? Pia Jarman stated that "yes"
P & Z would have recommended approval.
Jim Harris moved to approve the request submitted by Sprint
Spectrum for a special Exception to the Zoning Ordinance for
Height Regulation Variance from 120' to 190' for a Cell Tower.
Anita Clark seconded the motion which carried with a unanimous
vote.
#5 CONSIDER AND TAKE APPROPRIATE ACTION: Consider and
take action on a request from Flagship Homes, for a Special
Exception to the Zoning Ordinance for Rear Yard Setback from
20' to 14.5' for 2829 Berry Patch. (BOA #84-97) (Tabled
3-31-97)
Jim Harris moved to take from the table the request from
Flagship Homes for a Special Exception to the Zoning Ordinance
for Rear Yard Setback from 20' to 14.5' for 2829 Berry Path.
Anita Clark seconded the motion which carried with a unanimous
vote.
Chairman Earl Hartzog asked for staff input.
Steve Simonson stated a letter was sent to Kaufman & Broad as
requested by the BOA. A reply has not been returned.
James Logan stated the house is being built for someone that
would like to see RAFB.
Joyce Briscoe stated when the other developer builds houses
around this property, it seems as if the view will be
obstructed by the houses.
James Logan stated this was Flagship's mistake. This is a
house that is too large for the lot. The batter boards and
plumbing are already in. The homeowner really wants this house
on this lot due to the scenery. Also this will leave them with
hardly any yard to maintain.
Joyce Briscoe moved to deny the request submitted by Flagship
Homes for a Special Exception to the Zoning Ordinance for Rear
Yard Setback from 20' to 14.5' for 2829 Berry Patch. Earl
Hartzog seconded the motion which carried with a unanimous
vote.
~6 GENERAL DISCUSSION:
Jim Harris•
Jim Harris stated he had heard for every tower that is up now
in the next five years there will be four more. If the City
wants to regulate these towers then the ordinance needs to be
changed as soon as possible.
Steve Simonson stated that the P & Z has worked very hard on a
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very well thought out ordinance
Pia Jarman talked of the more
part of the UDC, would prevent
the one at Judson.
Anita Clark:
for cell towers. Both he and
stringet regulations, which as
another "porcupine hill" like
Anita Clark stated she had no comments.
Joyce Briscoe•
Joyce Briscoe stated she had no comments.
Pia Jarman:
Pia Jarman stated the P & Z Commissioners have an advantage as
they attend the APA conference every year. In the last few
years one of the topics stressed has been public hearings.
During the public hearing there should be no discussion among
the Commissioners or board members. This is a time for the
public to be heard. When the chair asks for member
participation that is the time the board members may ask the
public questions, not each other. At the time the public
hearing is closed there will be no more public input. During
the regular session part of the meeting questions may be asked
of staff, the P & Z representative, the developer. Chairman
Earl Hartzog requested Pia Jarman to write up a fact sheet on
Public Hearings.. She agreed to do so.
Steve Simonson:
Steve Simonson stated he had no comments.
Chairman Earl Hartzog:
Chairman Earl Hartzog stated the next meeting will be April 28,
1997.
#7 ADJOURNMENT
Chairman Hartzog adjourned the meeting at 6:40 p.m.
ATTEST:
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Board of Adjustme Chair'- ,
City of Schertz, Texas
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Planning Secretary, ity of Schertz
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