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08-26-1996BOARD OF ADJUSTMENT MEETING August 26, 1996 The Schertz Board of Adjustment convened in regular session on Monday, August 26, 1996 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 JOE POTEMPA ERNIE EVANS, P & Z COMMISSIONER MEMBERS ABSENT TED DUIGON (Vacation) #1 CALL TO ORDER OTHERS PRESENT James Wages, 400 Aero Ave. Mrs. Hepburn 3724 Forsyth Park Scott James, 315 Brooks CITY STAFF STEVE SIMONSON, ASST. CITY MANAGER DENISE GRANGER, PLANNING SECRETARY Chairman Hartzog called the meeting to order at 6:00 p.m. Chairman Hartzog introduced Jim Harris, newly elected member. For Mr. Harris' benefit he mentioned the following: Anita Clark who was not present at this time, Earl Hartzog as the Chairman, Joyce Briscoe, Joe Potempa who is the alternate his first time to be with us in over a year, Ernie Evans, the Planning and Zoning Ex-officio, Steve Simonson, staff and Denise Granger, who is the recording secretary. #2 APPROVAL OF MINUTES: Regular Session ,July 29, 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 July 29, 1996. Earl Hartzog seconded the motion which carried as follows: AYES: Earl Hartzog, Joyce Briscoe, Anita Clark having arrived at the meeting at this time. ABSTENTIONS: Jim Harris, Joe Potempa (Due to absence at said meeting). ~3 PUBLIC HEARING: The Board of Adjustment to receive citizen input on a request from Mark Hepburn, 3724 Forsyth Park, for a Special Exception to the Zoning Ordinance for a variance for an accessory building setback from the residence from 10' to 6'. (BOA #76-96) 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 300 foot radius were notified. There were 42 letters sent concerning this request, 9 were received back all in favor with one returned as undeliverable. There were comments received on several returned notices. The one that was received that needs to be brought the Board's attention is from a gentleman at 3728 Forsyth Park, stating he is not opposed to the variance, provided the accessory building is erected at a proper distance from the lot line at a 3 foot minimum and does not exceed dimensions stated by Ms. Granger (8' X 10') during a telephone conversation. Mr. Hepburn, at the Planning and Zoning meeting, stated if he is allowed the variance whatever the board deemed the size of the shed should be would be acceptable to him. Chairman Hartzog questioned what the setback from the fence would have to be? Steve Simonson stated not more than 3 feet from the fence to the property line. Earl Hartzog asked about the 5' utility easement. Steve Simonson stated this has been checked into and there is no easement, this was put on the plat in case GVEC would need it. Power actually comes in from the other side. Earl Hartzog mentioned the shed would be 8 X 10. Steve Simonson stated this was the comment made by the gentleman at 3728 Forsyth Park, but if there were no stipulations put on, then he would build whatever he could for all the bikes etc. of his children. As you can see the angle of the lot, there is not much room in the back to put anything anywhere. The other side of the lot will be used as a play area. There is a 16' easement also shown. Jim Harris stated he did not see any reason why this request should not be granted. Chairman Hartzog closed the Public Hearing at 6:09 p.m. with no other comments or questions. #4 PUBLIC HEARING: The Board of Adjustment to receive citizen input on a request from James Wages, 400 Aero Ave., for a Special Exception to the Zoning Ordinance for a variance of 7' for a side yard setback to install a carport. (BOA #77-96) Steve Simonson stated in accordance with the ordinance for the -2- Board of Adjustment, all property owners within a 300 foot radius were notified. There were 114 letters sent concerning this request: 18 letters were returned; one was opposed with no reason stated; 14 were in favor; and 3 were undeliverable. There is a letter in the packets from the next door neighbors at 402 Aero, stating they had no problem with this request. Scott James, 315 Brooks stated he did not turn his letter in but he has no objection with the request. Earl Hartzog commented that Mr. Wages has a very nice house. The only concern, is the drainage, making sure it does not drain into the neighbors' property. James Wages stated it would be controlled drainage as shown in the drawing. Chairman Hartzog asked for any other comments or questions. With no other comments or questions the public hearing was closed at 6:11 p.m. #5 CONSIDER AND TAKE APPROPRIATE ACTION: Consider and take action on the above Special Exception request from Mark Hepburn. (BOA #76-96) At this time Mrs. Hepburn arrived at the meeting. Jim Harris moved to approve the request from Mark Hepburn, 3724 Forsyth Park, for a Special Exception to the Zoning Ordinance for a variance for an accessory building setback from the residence from 10' to 6' with the 3' side yard setback from the house and 6' from the house. Joe Potempa seconded the motion which carried with a unanimous vote #6 CONSIDER AND TAKE APPROPRIATE ACTION: Consider and take action on the above Special Exception request from James Wages. (BOA #77-96) Joyce Briscoe moved to approve the request from James Wages, 400 Areo Ave., for a Special Exception to the Zoning Ordinance for a variance of 7' for a side yard setback to install a carport with the stipulation that attention be given to the drainage as indicated in the drawing. Anita Clark seconded the motion which carried with a unanimous vote. #7 GENERAL DISCUSSION: Jim Harris• Jim Harris stated he had no comments at this time. Anita Clark• Anita Clark questioned why the packets had the holes punched on -3- the top instead of the side. Denise advised her it was easier but would look into for the next time. Joyce Briscoe• Joyce Briscoe stated she had no comments. Joe Potempa: Joe Potempa stated he has served on the BOA before and it is a pleasure to be able to fill in when needed. Ernie Evans: Ernie Evans commented on the size of the building there was one comment made from the neighbor. The P & Z questioned the same issue about the height of the accessory building above the fence as it would be seen from the street due to the location. P & Z recommended approval as it didn't have a problem where it would be placed on the property.. Mr. Hepburn stated his intent is to put the shed on his property and make it acceptable. No matter what he puts in the back it will go above the fence. Steve Simonson stated an accessory building can be no higher than 15' and the walls 8' tall. Ernie Evans stated at the last meeting he was asked about why the BOA sees some of the variances that seem so minor or seem like they should be de facto. He has brought copies of why for anyone that would like to read it. Basically other than the fact it is by law, the BOA is here to not only to deal with variances that come on a standard basis like this. The governing body setting is Planning and Zoning, which shouldn't police itself, so the BOA is our police in this particular case so that we are trying to deal with what is the most advantageous for our community and our citizens. On the other side, the BOA is here for the major things that hopefully won't happen too often i.e. appeals, etc. The variances by law will come before the BOA because you are the over sight for the P & Z recommendations. The P & Z are to enforce the policies that have been written, and the BOA is to look at if it is good for the citizen and the community as a whole. There are copies for anyone that would like to read how this all works. Earl Hartzog stated maybe the format should be changed. That after staff input, before the public hearing is closed, the comments from Planning and Zoning be heard. Steve Simonson: Steve Simonson stated the planning budget postage is way out of whack this year. All of the variances, zoning changes we have -4- had this year, and BOA actions. By law anyone within 300', has to be notified. There are two problems most of the people that request a BOA action are ordinary citizens and it costs them $50.00 which is a lot. Now to a developer $50.00 is just pocket change. It is hard to recommend something to City Council that when a developer comes in we will charge him one thing and when a citizen comes in we will charge them a different price. We can't do this. So we have tried a happy medium. For many of the things we do, the $50.00 pretty much pays its way. There is going to be a point where we are going to have to raise this amount because it is becoming a serious problem. The way we maybe able to handle it is, for zoning changes it could be one price as it involves more time, and with a special exception which normally comes from citizens it could stay the same. This is something in the future to be looked at. Steve Simonson stated the Texaco is open with a new design. Tri-County is coming along with development. There is a large building going in. Jim Harris commented on the year tax abatement given, school taxes. There will district. The taxes before now it will be $5,000.00 abatement. Pri-County building, there is a ten but there is no abatement on the be $82,000 a year for our school were $637.00 on the land per year in the next two years on the Steve Simonson stated one of the things that you read or hear about in San Antonio which blanks no taxes. Everyone pays taxes on our abatements the City never gets less than what they were getting before they developed the land. There is a formula so that there is always more money coming into the City. There is a fixed time that the abatements run. One of the problems the City has is with people reading about San Antonio and thinking this is how the City is doing it and it is not done the same way. There is always a caveat that we will make more money than we were. Steve Simonson commented that the way back in the 60's and 70's to Look what has happened. They have Chairman Earl Hartzog: first tax abatement was given bring Monotech into the City. expanded! Chairman Earl Hartzog stated he doesn't feel he says this often enough and he does mean it, thanks Steve for all the work he does. Also he would like to thank Denise for getting the packets ready and keeping us all informed when there will be meetings. Chairman Earl Hartzog mentioned that now Norman Slocum is an alternate as it has been approved by City Council. Steve Simonson has made a plaque with the mayor's signature and at -5- the' next meeting Norman Slocum is present as an alternate, Chairman Hartzog will present him `with the plaque. #8 ADJOURNMENT Chairman Hartzog adjourned the meeting at 6:32 p.m. Board of Adj m nt airman, City of Schertz, Te s ATTEST: .--._ c- Planning Sec ary, Cit of Schertz -6-