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09-29-1994BOARD OF ADJUSTMENT MEETING SEPTEMBER 29, 1994 The Schertz Board of Adjustment convened in regular session on Thursday, September 29, 1994 at 6:30 p.m. in the Municipal Complex Council Chambers, 1400 Schertz Parkway, Schertz, Texas. Those present were as follows: BOARD OF ADJUSTMENT OTHERS PRESENT EARL HARTZOG, CHAIRMAN LELAND MADDOX TED DUIGON, VICE-CHAIRMAN JUAN LIZCANO, JR. NORMAN SLOCUM ROBERT BATH ANITA CLARK JOYCE BRISCOE CITY STAFF MEMBERS ABSENT STEVE SIMONSON, ASST. CITY MANAGER MERWIN WILLMAN, P&Z COMMISSIONER NORMA ALTHOUSE, PLANNING SECRETARY #1 CALL TO ORDER Chairman Hartzog called the meeting to order at 6:30 p.m. Mr. Hartzog announced there are three public hearings on the agenda for consideration tonight. Anyone wishing to speak will be limited to five minutes. #2 APPROVAL OF MINUTES: A. Organizational Meeting August 14, 1994 B. Regular Session September 1, 1994 A. Organizational Meeting August 14, 1994 Ted Duigon moved to approve the minutes, as written, for the Organizational Meeting August 14, 1994. Anita Clark seconded the motion which carried with a unanimous vote. B. Regular Session September 1, 1994 Ted Duigon moved to approve the minutes, as written, for the Regular Session September 1, 1994. 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 Joyce Stegink, 100 Cloverleaf, for a Special Exception to the Zoning Ordinance for a variance to allow her to place a metal storage shed in her back yard 1' from her side yard fence. (BOA #59) (Tabled 9-1-94) Joyce Stegink was not at the meeting to represent this request. Chairman Hartzog asked for Staff input and Steve Simonson reminded the Board he had included a new plat plan of Mrs. Stegink's property in their packages. The easement is active and provides power to the street light. GVEC does not want anything over the easement and the City doesn't allow it. The Staff recommends the shed be moved to at least the 3' limit from the side yard fence. Norman Slocum, seeking clarification, questioned if the City permits nothing to be built over a utility easement. Steve Simonson replied that's correct, but one exception was granted. Ted Duigon asked which one that was and Steve Simonson explained a lady on Westchester Dr., in the Village Subdivision behind Wuest's, was granted an exception to build a playhouse over the easement because it was discovered her lot is even too small for the house setting on it. Her patio slab, poured at the same time the house was built, encroaches into the easement. Robert Bath of 104 Cloverleaf spoke at this time and stated he is officially against this request from Joyce Stegink. Ted Duigon observed then that if Mrs. Stegink moves her shed out of the easement, there will be no need for a variance. Steve Simonson admitted that's correct. Chairman Hartzog closed the public hearing on this item. ~4 Consider and take action Exception request from Joyce Stegink. Anita Clark moved to deny the request Cloverleaf, for a Special Exception to a 2' variance to allow her to place a back yard 1' from her side yard fence. motion which carried with a unanimous on the above Special from Joyce Stegink, 100 the Zoning Ordinance for metal storage shed in her Ted Duigon seconded the vote. Anita Clark asked if Joyce Stegink has a time limit for removing the shed and Steve Simonson replied they normally allow the person from a minimum of 10 days to a maximum of 30 days to comply. Norman Slocum asked if the Board is under any obligation to assist the City in this matter or does the applicant have to come back. Steve Simonson indicated he will put all the necessary information in a letter to Mrs. Stegink. ~5 PUBLIC HEARING: The Board of Adjustment to receive citizen input on a request from Leland Maddox, 800 Mitchell, for an 18" side yard setback Special Exception to the Zoning Ordinance allowing him to build a 20' x 25' carport for his travel trailer in his back yard. (BOA #57) Leland Maddox was at the meeting to represent this request. Chairman Hartzog asked for Staff input and Steve Simonson informed the Board this request has been recommended for -2- approval by the Planning and Zoning Commission. There were 30 letters sent to property owners within 300' and 11 were returned - 10 in favor and 1 undeliverable. Chairman Hartzog asked which one was undeliverable and Steve Simonson answered it was to a gentleman in E1 Paso who's forwarding order for his address had expired. Joyce Briscoe remarked that Leland Maddox has a comment on his application from a neighbor who approves of the carport. Steve Simonson advised the Board there is a 20' utility easement behind the property. It looks like an alley, but it is an easement. Ted Duigon inquired if not enclosing the carport is a requirement and Steve Simonson answered it is not. Norman Slocum asked if there is a height restriction and Steve Simonson replied the maximum height allowed is 15'. Mr. Slocum then wondered if any consideration should be given to drainage from the carport. Mr. Simonson indicated that is up to the applicant. If his carport drains onto his neighbor's property, then it becomes a civil matter. Joyce Briscoe pointed out that in his letter, Leland Maddox says he will gable the roof of the carport. Mr. Maddox provided the Board with letters from Paragon Cable and from Southwestern Bell giving their approval of his use of the easement. Chairman Hartzog suggested it may be advisable to get a letter from Entex because there is also a gas meter there. Mr. Maddox also distributed pictures of his back yard for the Board to see. Steve Simonson told the Board to note that Mr. Maddox's yard is fenced inside the easement. Ted Duigon questioned if the easement could be made impassable if one of the property owners along there decided to fence to the outside edge. Steve Simonson replied it is necessary for the utility companies to be able to get through the easement, so if it were fenced, there would probably be a drop gate. Anita Clark commented Leland Maddox has probably been using the alley to drive his travel trailer into his back yard, he has just not had a cover for the trailer. Chairman Hartzog closed the public hearing on this item. #6 Consider and take action on the above Special Exception request from Leland Maddox. Norman Slocum moved to approve the request from Leland Maddox, 800 Mitchell, for an 18" side yard setback Special Exception to the Zoning Ordinance allowing him to build a 20' x 25' carport for his travel trailer in his back yard. Anita Clark seconded the motion which carried with a unanimous vote. -3- #7 PUBLIC HEARING: The Board of Adjustment to receive citizen input on a request from Juan Lizcano, Jr., 1000 Richmond Drive, for a 5' front yard setback Special Exception to the Zoning Ordinance allowing him to build a carport. (BOA #61) Juan Lizcano was at the meeting to represent this request. Chairman Hartzog asked for Staff input and Steve Simonson informed the Board the Planning and Zoning Commission has recommended approval of this request. There were 31 letters sent to property owners within 300' and 4 were returned - 2 in favor, 1 opposed and 1 undeliverable. (Mr. Lizcano brought a response with him from a neighbor making it 3 in favor.) Chairman Hartzog asked for some clarification on the requested setback. Steve Simonson commented one of the reasons he has started putting a copy of the plat in their packages is so they can see the lot and all the setbacks. Mr. Simonson then explained that, technically, Mr. Lizcano is only asking for a variance of 2' because it's a 15' required setback versus the 20' setback as thought. Juan Lizcano added that he had not counted the overhang in his request. Norman Slocum asked if the person who objected is adjacent to Mr. Lizcano and Steve Simonson answered no, he is six houses down and across the street. Ted Duigon, referring to the fact Mr. Lizcano's house is on a corner, asked how the address is decided. Steve Simonson replied it depends on which way the house faces. Norman Slocum told Mr. Lizcano they are also looking at his drainage and wanted to know if the roof of the carport will be flat or slanted. Mr. Lizcano replied he is not sure yet. He is considering several plans. Norman Slocum then questioned if the carport will be attached to the house and Mr. Lizcano answered yes it will be attached. Joyce Briscoe noted that according to the ordinance, a carport cannot be enclosed, but in driving around noticed that some people have panels on the sides of their carports. Steve Simonson admitted that's illegal and as a matter of fact, Leland Maddox is one of those people with panels. The City will be asking him to remove them. Norman Slocum mentioned to Steve Simonson that when he asks Mr. Maddox to remove his panels he should also tell him his carport can't be attached. Mr. Simonson stated his carport can be attached, just not enclosed. Chairman Hartzog pointed out that Mr. Lizcano's property is in an area zoned R-2 and carports are allowed in R-2 and can go right up to the property line. Carports are not, however, -4- allowed to encroach into the side yard. Actually, Mr. Lizcano is requesting a variance to the side yard setback of the front yard. Chairman Hartzog closed the public hearing on this item. ~8 Consider and take action on the above Special Exception request from Juan Lizcano, Jr. Norman Slocum moved to approve the request from Juan Lizcano, Jr, 1000 Richmond Dr., for a 5' front yard setback Special Exception to the Zoning Ordinance allowing him to build a carport. Anita Clark seconded the motion which carried with the following votes: AYES: T. Duigon, N. Slocum, A. Clark and J. Briscoe. NAYS: E. Hartzog. ABSTENTIONS: None. ~9 GENERAL DISCUSSION Ted Duigon• (a) Remarked they still need some Rules of Procedure and Anita Clark told Mr. Duigon the ones that were at their places when they arrived tonight were given to them for their review. (b) Asked how long before meeting time the building is normally opened and Steve Simonson replied approximately 30 minutes - he was running late this evening. Chairman Hartzog: (a) Inquired if any BOA cases are pending and was informed by Steve Simonson there are none. (b) Brought up discussion on the day and time of the next meeting. Mr. Hartzog mentioned that Thursday night is a problem for two people on the Board. After some lighthearted debate, it was decided to schedule future meetings on Mondays at 6:00 p.m. November 14th will be the tentative date of the next meeting. Joyce Briscoe• (a) Asked what happens if citizens don't comply with the Board's decisions. Steve Simonson commented it then becomes a civil matter. (b) Referred back to the problem of panels on the side of carports and asked if you can get a variance to allow that. Steve Simonson replied no you cannot. Enclosing a structure out farther than the farthest part of the house is not allowed. -5- Norman Slocum• Expressed his enjoyment of the Business Appreciation Dinner and declared it's an opportunity you can build on for future contacts. #10 ADJOURNMENT Ted Duigon moved to adjourn the meeting at 7:10 p.m. Chairman Hartzog seconded the motion which carried with a unanimous vote. Board o Adju ment hai an, City of Schertz, Te as ATTEST: P al nning Secretary, City of Schertz -6-