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03-31-1997BOARD OF ADJUSTMENT MEETING March 31, 1997 The Schertz'Board of Adjustment convened in regular session on Monday, March 31, 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 JOYCE BRISCOE JIM HARRIS PIA JARMAN, P & Z COMMISSIONER MEMBERS ABSENT #1 CALL TO ORDER OTHERS PRESENT Ben Coward, Flagship Homes Jeff Engelke, Plantation Homes Greg San Marco, Don McCrary Elene Aisle, Dover Homes CITY STAFF STEVE SIMONSON, ASST. CITY MANAGER DENISE GRANGER, PLANNING SECRETARY Chairman Hartzog called the meeting to order at 6:00 p.m. #2 APPROVAL OF MINUTES: Regular Session December 9, 1996. Chairman Hartzog asked if there were any questions or corrections on the minutes. Joyce Briscoe moved to approve the minutes for the regular session December_ 9, 1996. Anita Clark seconded the motion which carried with a unanimous vote. #3 PUBLIC HEARING: The Board of Adjustment to receive citizen input on a request from Veytia Partners, Ltd., for a Special Exception to~the Zoning Ordinance for Side Yard Setback from 7.5' to 5' for Parkway Garden Subdivision. (BOA #83-97) 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 12 letters sent concerning this request, 1 letter was received back, opposed. Steve Simonson stated Parkway Gardens is now under construction. It is zoned R-6 single family residence. Even though it says a 5' building setback on the side yards, in reality they are looking for 10 feet between homes. Traditionally Planning & Zoning has allowed a development in some subdivisions to save trees to allow a little more latitude to the home builder to move to 5' of the side yard property line as long as the house that was built next to it was 10' away and to maintain the standard for the City of Schertz of 15' between homes. This request is really a twofold purpose: one request for a 5' side yard setback but in effect an across the board request, so there would be no more than 10' on some of the lots between homes. Anita Clark asked if this 15' rule was a change, as where she lives, the houses are 10 feet apart. Steve Simonson stated back in 1979 there was an ordinance passed to that effect, before this, it was optional. Chairman Hartzog asked Pia Jarman if there were any comments from the P & Z Commission? Pia Jarman stated sometimes there is confusion on what is meant by the 5'variance. In the old zoning, it had to be 7.5' between homes. Now, in order to save trees, etc., we have given the latitude to move the house to within 5' to the property line, provided that the next house is 10' away from that property line. This still preserves the 15' between homes. Frank Roberts, 908 Colony, stated he had a question on if the houses would be at least 10' apart and his question has been answered by Mr. Simonson. Ted Duigon stated he understands the City's Ordinance of 15' between homes. If this is granted and the houses are built with 10' between houses, if a homeowner buys a house they could have this option. They may want to build something on the side of their home and as far as safety or health is concerned, this may be an issue. Steve Simonson stated this was a concern as people do want to put things on the side of their homes and also the other primary concern was the fire department knowing how a house fire can jump. Ted Duigon asked if anyone has talked with the developer and is he really wanting the 5' variance for the side yard or does he just want the houses 10' apart. -2- Steve Simonson stated the developer basically wants the houses 10' apart to put larger buildings on the lots. The original rezoning worked out for Mr. Veytia, but he has a new developer buying the land that has plans for larger homes. The builder that has bought the land, is going to build regardless whether they get the variance or not. Chairman Earl Hartzog mentioned that in 1995 City Council approved the R-6 zoning. Steve stated that "yes" this is what it was zoned for at that time. Jim Harris asked with the R-6 zoning, the closest the houses could be is 5'? Steve Simonson stated the closest it would ever be is 5' from the property line to the side of the house and another 5' to the next house making it 10' between homes. Steve Simonson stated the special exception is for a variance from 7.5' to 5' between homes. The new developer has been notified if they want to put garden homes (R-5) in this subdivision they will have to request a rezoning on this property to that effect. This property is zoned R-6 single family homes at present. Chairman Hartzog closed the Public Hearing at 6:18 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 Flagship Homes, for a Special Exception to the Zoning Ordinance for Rear Yard Setback from 20' to 14.5' for 2928 Berry Patch. (BOA #84-97) 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 at this time. Steve Simonson stated this subdivision is under construction so the property is owned by Flagship Homes. This is a personal request from the homeowner that wants to build a house on a particular lot; and to build a particular model on this lot in the Berry Creek Subdivision. This is going up the hill and if you look down you can see Randolph Air Force Base. This is why this person wants this particular house on this particular lot. This house is more realistically designed for a cul-de-sac lot which is a deeper lot. This house has not been built and the foundation has not been done; all they have done is put up the batter boards. This request is from the homeowner themselves. This is changing the rear yard setback from 20' to 14.5', which would cause it to encroach 5.5'. Ted Duigon stated he went by this property and took a look. -3- The batter boards are up and the trenches for the foundation are dug and the plumbing is all in to the back yard setback. If this is not "excepted" they will have to do some work on the plumbing. Steve Simonson stated without the foundation being poured the plumbing can be changed. Chairman Earl Hartzog asked if the address is correct? Denise stated she would check on the address. Ben Coward stated this was an oversight on the part of Flagship Homes for this house on this lot. "We hope not to come before the Board for another variance." Ted Duigon stated on the issue on a view of Randolph: but knowing that Ashley Place will be building behind this lot, what kind of restrictions will there be not to block the view? Ben Coward stated there is no restriction on what type of house will go in the lot behind this lot. Chairman Earl Hartzog asked Pia Jarman that being that this was a split vote from the Planning and Zoning, are there any comments or questions? Pia Jarman stated part of the discussion was that if someone else would build a house in front of this lot, that the view would be blocked. The builder has stated he will not come back with another variance but this does not keep another homeowner from wanting a variance because of a precedent. Nor would it be fair to deny similar variances. Ted Duigon stated his view is: if the variance is granted and this particular house is built and someone else were to come in to build next door and want the same house to be set back. How do we do it for one and not for another. How do you treat one request from another one differently? Chairman Earl Hartzog asked if Ashley Place behind has been platted? Steve Simonson stated "yes" it has been platted. Chairman Earl Hartzog asked if Ashley Place was notified of this request? Steve Simonson stated "no" they were not notified there is no building at this time in this area so there is no homeowners to notify. Chairman Earl Hartzog stated is Ashley Place owned by the same people? Steve Simonson stated "no" it is not, but if you look at this plat there is no particular homeowner to notify within the 200' radius. Ted Duigon stated if Ashley Place is building there and they think the house is twenty feet from the fence, and it is not, -4- shouldn't we not notify them. Steve Simonson stated "yes" we should. Jim Harris stated he is not really in favor of the variance, if there is no one around to oppose it. The next homeowner may not have the same opportunity. Chairman Earl Hartzog asked if Ashley Place could be notified by the next meeting of this variance request. If so, we would not act on item #8 until the next meeting. Steve Simonson stated this would not be a problem. A letter will be sent tomorrow. Anita Clark asked how many lots have been sold around this particular lot? Ben Coward stated some across the street and in the cul-de-sac have been sold but none adjacent to this particular lot. Chairman Earl Hartzog asked for any other comments or questions with none at this time the Public Hearing was closed at 6:29 p.m. #5 PUBLIC HEARING: The Board of Adjustment to receive citizen input on a request from Plantation Homes, for a Special Exception to the Zoning Ordinance for Side Yard Setback from 5' to 0' for 1652 Ebony Lane. (BOA #85-97) 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 at this time. Steve Simonson stated this is an extension to the existing driveway. It is at the corner of Pond Apple and Ebony Lane. The garage is straight in with a 90 degree angle into the driveway. Their request is to take the driveway all the way out to the property line to make the entrance easier. Because this property line goes over an easement, there is the request for a variance. There also is a letter from GVEC. Although there is an energized utility line in the easement, they have no problem with this request at this time. Chairman Earl Hartzog asked Pia Jarman for any comments from the P & Z Commission. Pia Jarman stated that this house was double car garage with a single door. a double garage with two doors, thus middle making for a very sharp angle exiting a problem. originally planned for a The homeowner requested putting a post in the and making entering and -5- Jim Harris stated if this is approved this denies lot 17 from being able to encroach into the easement. Jeff Engelke stated this to be true. Chairman Earl Hartzog asked for any other comments or questions. With none at this time, the Public Hearing was closed at 6:36 p.m. ~6 PUBLIC HEARING: The Board of Adjustment to receive citizen input on a request from Dover Homes, for a Special Exception to the Zoning Ordinance for Rear Yard Setback from 20' to 14' for 1133 Lauran Park Drive. (BOA #86-97) Steve Simonson stated in accordance with the ordinance of the Board of Adjustment, all property owners within a 200 foot radius were notified. There were 4 letters sent concerning this request. No letters were returned. Steve Simonson stated this was a problem with the changing of the rear lot line being part of the City's problem. When the City had Dover's plat plotted we did two things: we gave 10' of ROW to Dietz Road. Dietz Road was basically built on part of Dover Homes property. The road was built "illegally". So to accommodate future growth of this area, City of Schertz asked this developer to come up with an extra 10', which they did. The only way to get electricity to Scott Felder homes was for another 10 feet of utility easement requested by GVEC which Dover Homes did. It looks like, on the plat, there is 24' but there is only 20'. When the inspector realized his mistake, he came to Steve and we had to stop all building with the home almost being completed. Chairman Earl Hartzog asked Pia Jarman for any comments from P & Z. Pia stated there was no contesting it in P & Z as the mistake was partially the City's. Chairman Earl Hartzog asked about the drainage behind the property and are there plans to widen this road? Steve Simonson stated it is very flat where this is and is starting to drain back towards Dobie. The MPO has in the plans to widen this road in 1999. Greg San Marco stated Mr. Simonson and Mr. Hartzog have pointed out all of the issues. No easements will be affected by this change. This particular lot in this subdivision does have some depth problems but will not create a problem with the cul-de-sac. Chairman Earl Hartzog asked for any other comments or questions. With none at this time, the Public Hearing was closed at 6:41 p.m. -6- #7 CONSIDER AND TAKE APPROPRIATE ACTION: Consider and take action on the above Special Exception request from Veytia Partners, Ltd. for Parkway Gardens Subdivision. Meadow Mobile Home Park. (BOA #83-97) Anita Clark moved to disapprove the request submitted by Veytia Partners, Ltd. for a Special Exception to the Zoning Ordinance for Side Yard Setback from 7.5' to 5' for Parkway Garden Subdivision. Joyce Briscoe 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 Flagship Homes for 2829 Berry Patch. (BOA #84-97) Joyce Briscoe moved to table 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 until the April 7, 1997 meeting at which time a letter from Ashley Place owners has been received. Jim Harris seconded the motion which carried with a unanimous vote. #9 CONSIDER AND TAKE APPROPRIATE ACTION: Consider and take action on the above Special Exception request from Plantation Homes for 1652 Ebony Lane. (BOA #85-97) Ted Duigon moved to approve the request submitted by Plantation Homes for a Special Exception to the Zoning Ordinance for Side Yard Setback from 5' to 0' for 1652 Ebony Lane. Joyce Briscoe seconded the motion which carried with a unanimous vote. #10 CONSIDER AND TAKE APPROPRIATE ACTION: Consider and take action on the above Special Exception request from Dover Homes for 1133 Lauran Park Drive. (BOA #86-97) Jim Harris moved to approve the request submitted by Dover Homes, for a Special Exception to the Zoning Ordinance for Rear Yard Setback from 20' to 14' for 1133 Lauran Park Drive. Ted Duigon seconded the motion which carried with a unanimous vote. #10 GENERAL DISCUSSION: Jim Harris: Jim Harris stated he appreciates everyone that goes out to check on these requests and bring back the information. He will try and start doing the same thing. Anita Clark• Anita Clark stated she had no comments. -7- Ted Duigon• Ted Duigon stated he had no comments. Joyce Briscoe• Joyce Briscoe stated she had no comments. Pia Jarman• Pia Jarman stated at the last BOA meeting the same issues came up: where a builder does something to get himself in a bind, the poor homeowner has to suffer the consequences because the builder is not honest up front or not thorough. Steve Simonson: Steve Simonson stated HEB will be opening on May 22nd. At this time we still do not know who will be in the retail space. Chairman Earl Hartzog: Chairman Earl Hartzog stated the next meeting will be April 7, 1997. #12 ADJOURNMENT Chairman Hartzog adjourned the meeting at 7:00 p.m. Board of Ad u t ent C irman, City of Schertz, Texas ATTEST: Planning Secretary, Ci y of Schertz -g-