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10-02-1995BOARD OF ADJUSTMENT MEETING October 2, 1995 The Schertz Board of Adjustment convened in regular session on Monday, October 2, 1995 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 NORMAN SLOCUM ANITA CLARK JOYCE BRISCOE MERWIN WILLMAN, P&Z COMMISSIONER MEMBERS ABSENT #1 CALL TO ORDER OTHERS PRESENT Joseph Polita, Jr. 1528 Circle Oak 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 September 18, 1995. Joyce Briscoe moved to approve the minutes for the regular session September 18, 1995. 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 Joseph A. Politza, Jr. 1528 Circle Oak for a Special Exception to the Zoning Ordinance for a side yard variance to allow him to extend his patio cover 3.5' into the side yard setback. (BOA #66) Joseph A. Politza, Jr. was at the meeting to represent this request. Chairman Hartzog advised 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 in accordance with the ordinance for the Board of Adjustment all property owners within a 300' radius were notified. There were 19 letters sent concerning this request, 4 were received back: all were in favor. The letter from GVEC also was included in your packets stating that the easement is not being used at this time with no intention in the future. Ted Duigon asked if the lot at which the patio will border has been sold? Mr. Politza stated it still is a vacant lot. Steve Simonson advised that the property has a zero lot line. With no other discussion or comments, Chairman Hartzog closed the public hearing at 6:05 p.m. on this item. ~4 CONSIDER AND TAKE APPROPRIATE ACTION: Consider and take action on the Special Exception request from Joseph Politza, Jr. (BOA #66) Ted Duigon moved to approve the request from Joe Politza, 1528 Circle Oak, for a Special Exception to the Zoning Ordinance for a side yard variance to allow him to extend his patio cover 3.5' into the side yard setback. Joyce Briscoe seconded the motion, which carried with a unanimous vote. #5 GENERAL DISCUSSION: Merwin Willman: Merwin Willman stated he had no comments. Chairman Earl Hartzo Chairman Hartzog questioned how the term limits would be set up on the alternates as who will serve the one year and who will serve the two year. Steve Simonson advised that the terms would need to be set up and that was a question he was going to ask the BOA this evening. The alternates have been formally notified by the City Council that they have been appointed as alternates but the BOA will need to send a letter of acknowledgment and does the BOA want the Chairman or myself the sign the letter. The way I was going to set up the terms was for Mr. Potempa being on a one year term being that he has alot of involvement with the City Council and Mr. Harris being on the two year term with his willingness to get involved more with the city. Or if the BOA wishes we can have a draw for a staggered position. The BOA was in agrement for Steve Simonson to send a letter of acknowledgement to Joe Potempa and Jim Harris for being chosen as alternates for the BOA. The BOA also agreed upon Joe Potempa serving the one (1) year term and Jim Harris serving the two (2) year term. -2- Ted Duigon mentioned he was reading about the alternates and did not realize it was a state law that there has to be four votes to be able grant a request. Steve Simonson advised that is true the state law requires that there be at least four votes. Anita Clark• Anita Clark stated she had no comments. Joyice Briscoe• Joyce Briscoe stated she had no comments. Norman Slocum• Norman Slocum stated he had no comments. Ted Duicron: Ted Duigon mentioned that when he came to pick up his packet He was talking with Norma and she asked him if he would still be interested in the Planning and Zoning Commission as they have a vacancy. His concern is if there would be a conflict of interest with his being on the BOA. Ted Duigon stated he did notice that Councilman Potempa was an alternate for the BOA. Steve Simonson stated that the Planning and Zoning Commission is an independent body. Chairman Hartzog asked if there is anything in the by laws to the effect if Ted Duigon was to serve on the Planning & Zoning Commission and the BOA. Steve Simonson reiterated that there would be only one voting member as the alternate unless there was a special vote, he didn't see a problem with serving on both Commissions. Steve Simonson mention that in 1992 to 1993 the city platted 368 lots. In 1993 to the present the city has platted 821 new lots. The industrial development within the city is also going very fast. IH 35 is expanding to six lanes with the access roads being one way from New Braunfels to FM 3009. The road is supposed to start the first of the year and take about three years to finish. They will be lowering IH 35 with another over pass at Wiederstein Road the intent for a future major over pass road for our city. ~7 ADJOURNMENT Chairman Hartzog adjourned the meeting at 6:17 p.m. -3- Board of A j~'st ent C~airman, City of Schertz', Texa ATTEST: P la _ anning Se etary, C ty of Schertz -4-