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09-01-1994BOARD OF ADJUSTMENT MEETING SEPTEMBER 1, 1994 The Schertz Board of Adjustment convened in regular session on Thursday, September 1, 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 EARL HARTZOG, CHAIRMAN TED DUIGON, VICE-CHAIRMAN NORMAN SLOCUM ANITA CLARK JOYCE BRISCOE MERWIN WILLMAN, P&Z COMMISSIONER CITY STAFF STEVE SIMONSON, ASST. CITY MANAGER NORMA ALTHOUSE, PLANNING SECRETARY #1 CALL TO ORDER OTHERS PRESENT DAVID LEESON HAROLD BALDWIN SHARON FRUGE GERALD FRUGE JOYCE STEGINK ROBERT BATH Chairman Hartzog called the meeting to order at 6:30 p.m. Mr. Hartzog announced there are four public hearings on the agenda for consideration tonight. Anyone wishing to speak will be limited to five minutes. Mr. Hartzog then introduced Steve Simonson, Asst. City Manager, the members of the Board of Adjustment, and Merwin Willman, ex-officio from the Planning and Zoning Commission. #2 PUBLIC HEARING: The Board of Adjustment to receive citizen input on a request from David and Sally Leeson, 1036 Abercorn, for a Special Exception to the Zoning Ordinance for a 2' rear yard setback variance and a 2' variance for encroachment into the rear yard easement to allow them to install a portable, above-ground pool. (BOA# 56) David Leeson was at the meeting to represent this request. Mr. Leeson furnished the City a copy, as had been requested, of the agreement from Southwestern Bell for approval of encroachment into the easement. Chairman Hartzog asked for Staff input and Steve Simonson informed the Board this request has been recommended for approval by the Planning and Zoning Commission. There were 37 letters sent to property owners within 300' and 7 were returned, all in favor of the Special Exception. The Leeson's had previously furnished agreements from GVEC and from Paragon Cable approving encroachment into the easement. All of the utility easements in Woodland Oaks and Savannah Square are in someone's back yard. The 10' building setback is the distance an accessory structure must be from the house. Chairman Hartzog closed the public hearing on this item. ~3 Consider and take action on the above Special Exception request from David and Sally Leeson. Norman Slocum inquired if the City incurs any liability if this Special Exception is granted and Steve Simonson answered they do not. A Special Exception request requires a one-time decision on an individual item. Mr. Slocum then concluded it is not setting any kind of precedent and Steve Simonson said that's correct. Ted Duigon, commenting he had driven around the neighborhood, asked where the water will go if the pool collapses. David Leeson replied if you are facing his house, it will drain on the right hand side, come across his front yard and out to the street. Norman Slocum moved to approve the request from David and Sally Leeson, 1036 Abercorn, for a Special Exception to the Zoning Ordinance for a 2' rear yard setback variance and a 2' variance for encroachment into the rear yard easement to allow them to install a portable, above-ground pool. Anita Clark seconded the motion which carried with a unanimous vote. ~4 PUBLIC HEARING: The Board of Adjustment to receive citizen input on a request from Harold Baldwin, 705 Brooks, for a Special Exception to the Zoning Ordinance for a 6' variance to allow him to install a carport up to the edge of his property line. (BOA #58) Harold Baldwin 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 approval by the Planning and Zoning Commission. There were 33 letters sent to property owners within 300' and 10 were received back in favor and 1 was returned opposed to the Special Exception. This is a straightforward request. Many of the homes in this area have carports. They are permitted in this area because the garages are smaller and this gives some relief to the property owners. One thing the City requests is that the neighbors have no opposition. Norman Slocum asked about the one letter which was returned as opposed to the request. Is that person adjacent to Mr. Baldwin? Steve Simonson replied no, he lives across the street and no reason was given for the opposition. Harold Baldwin told the Board that Mrs. Jackson, his next door neighbor, has no problem with this carport. He has assured her all the drainage will be in his yard. He will put up spouting so that the water drains down his driveway. Chairman Hartzog closed the public hearing on this item. -2- #5 Consider and take action on the above Special Exception request from Harold Baldwin. Ted Duigon, noting that Harold Baldwin has a concrete driveway, asked how close it is now to the property line. Mr. Baldwin replied it is right next to it. The posts for the carport will be about one foot inside and the rain gutter will come right to the edge of the property. Norman Slocum asked Harold Baldwin if he will in any way obstruct the owner across the street or cause any encumbrance. Mr. Baldwin answered, that because of the layout of his house, the carport will not project much farther out than his bedroom. It will not obstruct the owner across the street in any way. Joyce Briscoe asked if surrounding neighbors have carports and Harold Baldwin replied there are several in his neighborhood. Chairman Hartzog asked if the drainage is in the back yard and Mr. Baldwin replied it is between the two houses. Norman Slocum moved to approve the request from Harold Baldwin, 705 Brooks,. for a Special Exception to the Zoning Ordinance for a 6' variance to allow him to install a carport up to the edge of his property line. Joyce Briscoe seconded the motion. Chairman Hartzog wanted to amend the motion to require there be no drainage allowed onto Mrs. Jackson's property. Norman Slocum stated there's no need to amend, they are happy with Mrs. Jackson's letter. Ted Duigon agreed. Mr. Slocum's motion carried with a unanimous vote. #6 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 2' variance to allow her to place a metal storage shed in her back yard 1' from her side yard fence. Joyce Stegink 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 23 letters sent to property owners within 300' and 2 were returned in favor and two 2 were returned opposed to the Special Exception. As you can see from Mrs. Stegink's letter, she has had a lot of problems with vandalism. The shed was placed behind the electrical pad and it appears there's some kind of easement next to the fence with a power line running to the street light. Mr. Simonson passed out some pictures taken by the City Inspector which show the fence and the shed close together. If the shed is moved, it will block her fence gate. Ted Duigon asked why the 2' variance and Steve Simonson explained that, according to the ordinance, accessory buildings have to be 3' from the back fence. -3- Anita Clark pointed out that actually, there appears to be less than a foot between the shed and the fence. Steve Simonson admitted that's what it looks like. Mrs. Clark went on to say where the shed is placed now it is still open to vandalism. Steve Simonson mentioned there's a chain link fence and Joyce Stegink acknowledged so far there's been no vandalism to this shed. Robert Bath of 104 Cloverleaf (next door to Mrs. Stegink) spoke at this time and asked the Board to recommend disapproval of this request and if they do so, that the normal 180 days for compliance be disapproved. Mr. Bath explained that up until the time the shed was put up, he had no problem with flooding. Since the shed was erected, there was a heavy rain the first part of August, and if there had been another 1/4" of rain, his laundry room would have been flooded. Mr. Bath brought some pictures which were passed around for the Board to see. Ted Duigon inquired if the shed is in front of the electrical pad and Steve Simonson yes, it was moved. Mr. Bath maintained the shed was not moved, it was built right where it stands. Furthermore, a building permit was not obtained for this shed. Ted Duigon asked Mr. Bath how long the shed had been there and he replied for approximately a month. Mr. Bath added that the shed is 2" from the chain link fence. Mr. Duigon then wondered if the flooding was coming from the roof of the shed and Mr. Bath indicated there is a line where water flows between the two properties. Ted Duigon asked if this request is not approved, will the cement pad have to be moved and Robert Bath advised the pad is metal railings with cement between them. It was not necessary to put in the cement, it could have been some kind of sub-floor. Mr. Duigon asked then if that's what's diverting the water and Mr. Bath replied yes and it's also coming off the roof . Ted Duigon asked again if the pad will have to be moved if this request is disapproved and Steve Simonson answered yes if it is determined it is creating a water problem. Norman Slocum inquired if there had been any flooding previously and Robert Bath replied he had experienced no flooding problems in 17 years. Mr. Slocum then wanted to know if Mr. Bath's concern is that the shed is there or that the concrete pad is causing flooding. Mr. Bath felt the flooding is coming from the concrete foundation and running off the roof into his yard. Chairman Hartzog asked Robert Bath if he has no objections to the shed being within 1' of the fence and Mr. Bath replied he has no objections to the shed, but its closeness to the fence has him worried about the flow of water. Ted Duigon asked how he would feel if the shed were 3' from the fence and Mr. Bath answered that should get it away from the natural basin. -4- Joyce Stegink contended the flooding was due to the large amount of rain. Whenever there is a heavy rain storm, everybody experiences flooding. Water has been to the top of her patio and she has lived there for 27 years. Mrs. Stegink related an incident several years ago when Robert Bath put in a privacy fence next to her chain link fence and there was some trouble about maintaining the weeds in between. Mr. Bath was sent a letter from the City about weeds and feels Mrs. Stegink turned him in. She did not. Joyce Stegink also brought up the fact the City Inspector knew she was putting up a shed. Why didn't he tell her to stop if it was wrong? Norman Slocum questioned if the City incurs any liability if the Board requires the shed to be moved within the 3'regulation and another slab is poured and the other slab continues to cause a flooding problem. Steve Simonson replied there is not. Ted Duigon noted even if it's moved so there's no variance, we don't know if it will solve the problem. Chairman Hartzog closed the public hearing on this item. #7 Consider and take action on the above Special Exception request from Joyce Stegink. Chairman Hartzog expressed concern over the electric cable to the street light and Joyce Briscoe wondered if we have a City Engineer who could give us a neutral point of view on the flooding. Ted Duigon moved to table this request until we get more exact information about the power line. Norman Slocum seconded the motion which carried with a unanimous vote. #8 PUBLIC HEARING: The Board of Adjustment to receive citizen input on a request from Sharon and Gerald Fruge, 1512 Greenwood, for a Special Exception to the Zoning Ordinance for a rear yard setback variance (1'3" on one side and 5' on the other side) to allow the addition of a sun room onto their house. (BOA #60) Sharon and Gerald Fruge were at the meeting to represent this request. Chairman Hartzog asked for Staff input. Steve Simonson informed the Board this request has been recommended for approval by the Planning and Zoning Commission. There were 29 letters sent to property owners within 300' and 6 have been returned, all in favor of the Special Exception. Mr. Simonson remarked this is a straightforward request. This will not encroach on anyone behind the Fruge's because there is a 180' drainage channel to the rear of their property. It is encroaching into the rear yard building setback, but there will be no house behind them anyway. It does not encroach on any utility easements. -5- Chairman Hartzog closed the public hearing on this item. #9 Consider and take action on the above Special Exception from Sharon and Gerald Fruge. Norman Slocum moved to approve the request from Sharon and Gerald Fruge, 1512 Greenwood, for a Special Exception to the Zoning Ordinance for a rear yard setback variance (1'3" on one side and 5' on the other side) to allow the addition of a sun room onto their house. Ted Duigon seconded the motion which carried with a unanimous vote. #10 Discuss consideration of Rules of Order and Procedure for the Board of Adjustment. Chairman Hartzog, stating there are samples in the Board members' packages of the Rules of Order and Procedure for both City Council and the Planning and Zoning Commission, expressed the desire for someone to work with City Staff, or on their own, on this and come up with a final product. Mr. Hartzog then asked if we have any samples from other cities and Steve Simonson replied we can get some by the next meeting. Chairman Hartzog indicated he likes Planning and Zoning's procedures, but also likes the five-minute time limit set up by City Council for citizens to speak. Ted Duigon asked if Planning and Zoning has ever used the five-minute limit or had any problems with filibustering and Merwin Willman answered no to both questions. Norman Slocum observed that the Chairman has the prerogative to determine how long someone can speak and Steve Simonson admitted that's correct. Ted Duigon commented it appears there will be some changes needed due to the Board of Adjustment Ordinance. Steve Simonson indicated they will try to put a draft together for the Board by the next meeting. Steve Simonson reminded the Board their decision on these requests that come before them is final. Any appeals will go to the Civil courts. Norman Slocum alluded to a perceived conflict when the City Council and the Board of Adjustment are the same people. Did the State mandate a change? Steve Simonson explained it is technically legal for the City Council to be the Board of Adjustment, but after hearing the Attorney General's opinion, the City felt it best to create a separate Board. The issue went to the voters and they approved creating a separate Board. In the City of Schertz, the Planning and Zoning reviews these requests first and makes their recommendation to the Board. Norman Slocum commented he concurs with the City bringing back a draft of procedures, but emphasized the Board is here for the benefit of the citizens. Mr. Slocum encourages a procedural document rather than one which gets them all tied up in Roberts Rules, etc. -6- #11 Discuss days and times for Board of Adjustment meetings. Steve Simonson advised there are two more upcoming Special Exception requests that will require Board of Adjustment action. One has been before Planning and Zoning, the other has not. Norman Slocum asked Steve Simonson if a once-a-month meeting is intolerable and Mr. Simonson replied no. Mr. Slocum then wondered if Mr. Simonson would recommend more than one meeting per month and Steve Simonson indicated he would not. Ted Duigon inquired if a tabled request starts another fifteen day clock for notification and Steve Simonson replied no. Chairman Hartzog remarked the agenda is posted 72 hours in advance of the meeting. Steve Simonson informed notes for the package, meeting. Mr. Simonson questions, feel free to someone wants to take a give them a tour. the Board he usually writes up some but didn't have time before this further stated if anyone ever has dive him a call. Also, if at anytime look at the City, he will be glad to The consensus of the Board was to have meetings, when required, once a month unless the Chairman says otherwise. The next meeting will be Thursday, September 29th at 6:30 p.m. X12 Discuss terms of office for Board of Adjustment members. Chairman Hartzog advised this will tie into the Rules and Procedures when they are completed. Board members Norman Slocum, Anita Clark and Joyce Briscoe are starting off with two-year terms and Board Members Earl Hartzog and Ted Duigon with one year terms. This rotation is set up so that everyone's term does not expire at the same time. Chairman Hartzog requested a list of the members' terms. X13 GENERAL DISCUSSION Norman Slocum• Mentioned he was annexed into the City of Schertz, even though his mailing address is Converse, and he loves Schertz. Anita Clark• Asked, when granting a variance for a carport, what is the normal distance a property owner has to be back from the street. Steve Simonson replied the property line is normally 10' back from the street. Mrs. Clark observed then that as long as a person is not on City property, it's okay to go out to the end of their property line and Steve Simonson answered that's correct. -7- Steve Simonson: Told the Board he will be getting colored zoning maps for them. # 14 ADJOURNMENT Chairman Hartzog adjourned the meeting at 7:45 p.m. Board of Ad~us ent hairm , City of Schertz, T xas ATTEST: Planning Secretary, City of Schertz -8-