04-08-1996BOARD OF ADJUSTMENT MEETING
April 8, 1996
The Schertz Board of Adjustment
Monday, April 8, 1996 at 6:00
Council Chambers, 1400 Schertz
present were as follows:
BOARD OF ADJUSTMENT
convened in regular session on
p.m. in the Municipal Complex
Parkway, Schertz, Texas. Those
EARL HARTZOG, CHAIRMAN
TED DUIGON, VICE-CHAIRMAN
NORMAN SLOCUM
ANITA CLARK
JOYCE BRISCOE
MERWIN WILLMAN, P&Z COMMISSIONER
MEMBERS ABSENT
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#1 CALL TO ORDER
OTHERS PRESENT
James Leonard,
Buffington Homes
CITY STAFF
STEVE SIMONSON,
ASST. CITY MANAGER
DENISE GRANGER,
PLANNING SECRETARY
Chairman Hartzog called the meeting to order at 6:10 p.m. Due
to the lack of a quorum Chairman Hartzog requested the agenda
order be revised until the other board members arrived.
~7 GENERAL DISCUSSION:
Chairman Earl Hartzog:
Chairman Earl Hartzog asked if the delay in the time period a
citizen has to wait between the Planning and Zoning Commission
meeting and the BOA has changed.
Steve Simonson stated that the process for the 15 days to be
published is now started as soon as the request is received and
before the Planning and Zoning meeting with, this being the
simplest way and still conforming with the law.
Anita Clark:
Anita Clark mentioned Texaco that will be located on IH 35
being a state of the art. Is there going to be some type of
changes to the Texaco?
Steve Simonson stated Texaco is going to have a new version and
the one on IH 35 will be the model for the new version. It
will still have the car wash and won't look much different.
They are hoping later on to add a drive-thru lube and oil
change.
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Norman Slocum°
Norman Slocum asked what the construction next to the Texaco on
Schertz Parkway is going to be.
Steve Simonson stated that will be the Texas Department of
Human Services. They are building a new building that will be
more accessible to the public. The office is now located in
Lone Oak Plaza.
Norman Slocum asked if there is any new information on the over
pass on FM 78. Steve Simonson commented there is no new
information at this time.
Merwin Willman:
Merwin Willman stated he had no comments.
Jovice Briscoe•
At this time Joyce Briscoe arrived at the meeting.
Joyce Briscoe apologized for being late with no other comments.
~2 APPROVAL OF MINUTES: Regular Session March 18, 1996
Chairman Hartzog asked if there were any questions or
corrections on the minutes.
Chairman Hartzog asked on page 2 the word looki should be look.
Anita Clark moved to approve the minutes for the regular
session March 18, 1996 as amended. Norman Slocum seconded the
motion which carried with a unanimous vote.
#5 PUBLIC HEARING: The Board of Adjustment to receive
citizen input on a request from Buffington Homes, 2853 Mimosa,
for a Special Exception to the Zoning Ordinance for a 20' front
yard setback to save two oak trees. (BOA #72)
James Leonard with Buffington Homes was present at the meeting
to represent this request.
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
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radius were notified. There were 8 letters sent concerning
this request, 2 were received back: both were in favor. This
is a very straight forward request to save two oak trees. If
the house is built as it is now, the trees will disappear. On
the site plan it shows the porch and garage moving into the
extra 5'.
James Leonard stated one tree is 24" in diameter and the other
is 36" in diameter. The trees are in a place that is very
difficult to be able to put a house without having to remove
the trees. With the trees staying where they are the trees
will be located behind the house.
At this time Ted Duigon arrived at the meeting.
Ted Duigon stated he lives in Deer Haven in this particular
case he would like to see the trees saved. With the gated
communities that are coming in this request could serve as a
precedent on keeping more trees.
James Leonard stated that there are trees that do have to be
removed at times. The developers do try to keep as many trees
as they can. If these two trees where removed there would be
no trees on this particular lot.
Chairman Hartzog closed the Public Hearing at 6:25 p.m. with
no other comments or questions from those present.
#6 CONSIDER AND
take action on the
Homes. (BOA #72)
Norman Slocum moved
Homes, 2853 Mimosa,
Ordinance for a 20'
Ted Duigon seconded
vote.
TAKE APPROPRIATE ACTION: Consider and
Special Exception request from Buffington
to approve the request from Buffington
for a Special Exception to the Zoning
front yard setback to save two Oak trees.
the motion, which carried with a unanimous
#3 PUBLIC HEARING: The Board of Adjustment to receive
citizen -input on a request from Allen and Doris Clark, 1036
Ivory Creek, for a Special Exception to the Zoning Ordinance
for construction of a swimming pool and shed within the 50' gas
line easement. (BOA #71)
Allen and Doris Clark were not present at the meeting for this
request.
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.
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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 11 letters sent concerning
this request, 5 were received back: 4 were in favor and 1 was
opposed. Steve Simonson stated he is very surprised that Mr.
Clark is not in attendance as he was notified of the meeting.
Ted Duigon asked the dimensions of the gas line. Steve
Simonson stated the 50' ROW is in the gas line easement. The
letter from Valero states that they approve the request as long
as the structures are not permanent. The gas line runs through
the whole City of Schertz.
Earl Hartzog mentioned he would like the owners to sign a
letter preventing the City from being liable in case the
property is sold to someone else.
Steve Simonson commented in the letter from Valero on item #4
it states Valero will not be held responsible for any damages
to the proposed facilities, resulting from the replacement of
the pipeline or the exercising of any of Valero's rights within
Valero's easement.
Joyce Briscoe mentioned maybe it could be in the motion that
the City would not be liable.
Ted Duigon commented that the letter in the package advised
that the person requiring a variance is "required" to attend
the Planning and Zoning meeting but in the letter for the BOA
meeting it states they are "requested". Wouldn't the BOA
meeting be just as important as the Planning and Zoning
meeting?
Steve Simonson advised in the letters, for either the Planning
and Zoning or the BOA, it is requested that either the person
requesting the variance or a representative attend the
meetings. They are also told at the Planning and Zoning
meeting when the BOA meeting will be held. The BOA can either
table this request, disapprove, or approve it.
Earl Hartzog commented with this being a Public Hearing, once
the hearing is closed, no other comments can be taken. Even if
the item were tabled, and Mr. Clark attends the next meeting,
the BOA could not ask him for any input.
Steve Simonson agreed. The only information that could be
added is, if the BOA requests for something to be verified by
staff.
Chairman Hartzog closed the Public Hearing at 6:55 p.m. with
no other comments or questions.
#4 CONSIDER AND TARE APPROPRIATE ACTION: Consider and take
action on the above Special Exception request from Allen and
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Doris Clark. (BOA #71)
Norman Slocum moved to approve the request from Allen and Doris
Clark, 1036 Ivory Creek, for a Special Exception to the Zoning
Ordinance for construction of a swimming pool and shed within
the 50' gas line easement. Ted Duigon seconded the motion
which carried as follows:
AYES: Anita Clark, Norman Slocum, Ted Duigon, Joyce Briscoe.
NAYS: Earl Hartzog.
Chairman Hartzog asked if Ted Duigon had any comments for the
general discussion as he was not present at the time.
Ted Duigon apologized for being late.
#8 ADJOURNMENT
Chairman Hartzog adjourned the meeting at 7:00 p.m.
0
Board of Adjustme Ch 'rman,
City of Schertz, xas
ATTEST:
G~2~?~.-
Planning Secretary, City' of Schertz
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