Loading...
10-18-1999BOARD OF ADJUSTMENT MEETING October 18,1999 The Schertz Board of Adjustment convened in regular session on Monday, October 1 S, 1999, 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 Kathy Hill Jim Harris CITY STAFF Steve Simonson, Asst. City Manager Mary Ybarra, Planning & Recording Secretary MEMBERS ABSENT George Maxfield (work related) Peggy Brown (work related) #1 CALL TO ORDER OTHERS PRESENT Elmer Singleton, 1616 Yucca Park Frances Muehl, 1046 Santa Clara Rd. Lee Fredrick, 202 Bending Oak, Luflcin,Tx. Chairman Hartzog called the meeting to order at 6:30 p.m. #2 APPROVAL OF MINUTES: Regular session of September 27, 1999 Chairman Hartzog stated that the minutes of the regular session of September 27, 1999 would be postponed until the next scheduled meeting. #3 PUBLIC HEARING: To receive citizen input on a request from Elmer J. Singleton, 1616 Yucca Park for a special exception to the zoning ordinance to encroach 4' into the 20' rear yard setback for construction of a patio. (BOA #129-99). Chairman Hartzog stated that 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 in its decision. After the public hearing is closed there will be no other comments taken. Steve Simonson stated that the request is for a patio extension into the back yard. There are no utility easements that would be affected, either in the back yard or side yard setbacks. Steve Simonson stated that in accordance with the city ordinance 17 letters were sent out to property owners within 200' radius of said property. Of the letters sent one (1) letter was received in favor and none were received opposed. Steve Simonson added that also as part of the packet there is a letter from the Planning & Zoning Commission recommending approval. At this time, with no citizen comments voiced, Chairman Hartzog closed the public hearing. #4 PUBLIC HEARING: To receive citizen input on a request from Lee Fredrick, IH35 exit 177, located S. of FM 482, exit on the S. bound access of IH35, across from Bussey's Flea Market, (proposed self-storage facility) for a special exception to the zoning ordinance to allow managers residential/living quarters in a (GB) General Business area. (BOA #130-99). Chairman Hartzog stated that 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 in its decision. After the public hearing is closed there will be no other comments taken. Earl Hartzog asked for staff input. Steve Simonson stated that in accordance with the city ordinance 2 letters were sent out to property owners within 200' radius of said property. Of the letters sent one (1) letter was received in favor and none were received opposed. Steve Simonson stated that the mini storage is an authorized use for the property, which is (GB) General Business, however the request is to allow a residential manager for security and operation of the facility. City ordinance does not allow a residence in general business and this is why the request requires a Board of Adjustment action. Steve added that also as part of the packet is a letter from the Planning and Zoning recommending approval. Mrs. Frances Muehl an adjacent property owner voiced concern in reference to fencing. She explained she doesn't have a problem with the request however, in the past with other development in the surrounding area she has in which they have disregarded her property by trespassing, using heavy equipment and placement of a fence that encroached onto her property. She wants assurance that this won't happen again. Earl Hartzog explained to Mrs. Muehl that the Board of Adjustment is to take action on the variance request for an onsite residence only, other matters would have to be addressed with the Planning and Zoning Commission. These issues are addressed in the platting and site plan approval procedures, not with a variance request. Mr. Muehl stated that she wanted to know what type of fencing would be used because at this time a barb wire fence is the only separation between properties and she doesn't feel this is adequate. Steve Simonson stated that the facility is to be designed with its own fencing, however, the only issue before the Board is the variance request. Steve Simonson informed the Board that Mr. Fredrick representative for the mini storage is present and would be happy to answer any questions. Mr. Simonson further explained that the fence would be placed on the mini storage property and not on Mrs. Muehl's property. Mr. Earl Hartzog reiterated that the issue before the Board is the variance request only and other matters would have to be addressed at another time. With no other comments voiced, Chairman Hartzog closed the public hearing. #5 CONSIDER AND TAKE APPROPRIATE ACTION: On the above Special Exception request from Elmer J. Singleton, 1616 Yucca Park. (BOA #129-99). Chairman Hartzog asked for discussion or a motion on the request from Mr. Singleton. With no further discussion, a motion was made by Jim Harris and seconded by Kathy Hill to approve the request from Elmer J. Singleton, 1616 Yucca Park for a special exception to the zoning ordinance to encroach 4' into the 20' rear yard setback for construction of a patio. With a vote being called, the motion was approved. #6 CONSIDER AND TAKE APPROPRIATE ACTION: On the above Special Exception request from Lee Fredrick, IH35 exit 177. (BOA #130-99). Chairman Hartzog asked for discussion or a motion on the request from Lee Fredrick. At this time, Ted Duigon asked if the Planning and Zoning Commission have discussed the issues pertaining to Mrs. Muehl's concerns and comments? Mr. Simonson explained that Mr. Fredrick is pursuing the variance approval first. If for some reason approval is not obtained, the development will not go forward. Platting and site plans have not been discussed or presented until the outcome by the Board of Adjustment this evening. Mr. Simonson explained that when these issues are brought forward to the Commission, all the requirements are to be followed. Any disputes would be resolved and any issues in regard to surveying would be look at the platting stage. Mr. Simonson stated that Mrs. Muehl would be notified at the time platting and site plan presentation to answer any questions or clarify issues in regard to fencing, property lines, etc. With no further discussion, a motion was made by Kathy Hill and seconded by Jim Harris to approve the request from Lee Fredrick, IH35 exit 177, located S. of FM 482, exit on the S. bound access of IH35, across from Bussey's Flea Market, (proposed self-storage facility) for a special exception to the zoning ordinance to allow managers residentiaUliving quarters in a (GB) General Business area. With a vote being called, the motion was approved. #7 GENERAL DISCUSSION: At this time, Chairman Hartzog welcomed Kathy Hill; she has officially become the new permanent member of the Board of Adjustment. Chairman Hartzog advised Kathy that if she hasn't been sworn in, to do so. Kathy Bill: Kathy mentioned that her surgery had gone well, and that she was back at work. She recently received a promotion and will forward new phone numbers as soon as they become available. Kathy expressed some concern to several areas along FM 3009 that are non-developed areas that are adjacent to housing areas. These areas are overgrown with under brush and have little varmints wandering up into these housing areas. What department within the City would take care of such issues? Kathy was advised that these areas are in their natural state and have been untouched areas for several years. Some of these areas are privately owned lots and tracts of land. If the City enforced the ordinance, the City would be forced to have these areas shred and no longer be natural. Kathy acknowledged that she was aware the area was in it's natural state however, concerned homeowners asking if anything could be done have approached her. Steve advised her to tell any concerned homeowners to contact the Inspection Department and make a formal complaint. If a formal complaint were made the ordinance would be enforced and the area would be shred of its undergrowth, which would increase the noise level in the area. Steve reiterated that if the area were shredded, it no longer would be a natural area. Earl Hartzog: Eari commented on the Business Appreciate Dinner held on Tuesday October 16~', and mentioned to Kathy that she had been missed. Earl also mentioned that the Board of 4 Adjustment presented Anita Clark with a very nice clock plaque in appreciation for her years of service in the community. Earl thanked Steve for ordering the plaque for the occasion. Earl asked if any interested citizens had applied for the vacancy on the Board and was advised that one applicant thus far. Earl suggested that the applicants be placed as an agenda item at the next scheduled meeting. Jim Harris: Jim had no comments. Ted Duigon: Ted asked who is responsible for the removal of animal carcasses on FM 3009? Ted was advised that FM 3009 is a state highway and that is a state problem. However, if Schertz animal control were called they probably would help to make calls to expedite the problem. Ted also mentioned that he had enjoyed the Business Appreciation Dinner. Steve Simonson: Steve stated that it has been a bit quiet, not much happening at this time. He did want to share one thing; looking at an aerial map of the City dated March 5, 1998 of the Industrial area, he was shocked to see how much development has occurred in one year. Steve also mentioned that the Walgreen development is seeking approval from the highway department for a traffic light at the intersection of Savannah Square and FM 3009. Walgreens is welling to purchase and set up the traffic light, however the highway department would be responsible for maintenance on their system, for this reason they are blocking the issue. Traffic counts have been taken to see if the light is warranted and thus far has failed twice. #8 ADJOURNMENT: Chairman Hartzog adjourned the meeting at 7:00 p.m. _ ~~ c~ ~- `L Board of Adjustment Chairman, City o chertz, Texas ATTEST: Planning Secretary, City of Schertz