08-30-1999BOARD OF ADJUSTMENT MEETING
August 30,1999
The Schertz Board of Adjustment convened in regular session on Monday, August
30, 1999, at b: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
Anita Clark
Jim Hams
CITY STAFF
Steve Simonson,
Asst. City Manager
Mary Ybarra,
Planning & Recording Secretary
Kathy Hill
George Maxfield
MEMBERS ABSENT
Joyce Briscoe, ex-officio (leave of absence)
Peggy Brown (work related)
OTHERS PRESENT
Joan A. Stevens,
15 i 7 Red Cedar Cove
Barbara & Barry Blackman,
308 Winburn
#1 CALL TO ORDER
Chairman Hartzog called the meeting to order at 6:30 p.m., welcomed George
Maxfield, representing the Planning & Zoning Commission who will take over while
Joyce Briscoe is on leave of absence.
#2 APPROVAL OF MINUTES: Regular session of August lb, 1999.
Chairman Hartzog asked for corrections or additions to the minutes of the regular
session of August lb, 1999.
Ted Duigon commented that on page 2, -third paragraph correct the word `vas" to
read "were" in the last line, and on page 3, in the last line to change the word
"obligated" to read "at liberty".
Jim Harris asked that his name be added to the members absent, he had not attended
the meeting of August 16, 1999.
With no further additions or corrections, Kathy Hill made a motion and seconded by
Anita Clark to approve the minutes as corrected. With a vote being called, the vote
was as follows:
Ayes: Earl Hartzog, Kathy Hill, Anita Clark and Ted Duigon.
Abstention: Jim Hams (absent at said meeting)
#3 PUBLIC HEARING: The Board of Adjustment is to receive citizens input
on a request from Joan Stevens, 1517 Red Cedar Cove for a Special Exception to the
Zoning Ordinance to encroach 10' into the 20' rear yard setback for construction of a
deck and spa. (BOA #127-99).
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 reported that the request is pretty straightforward. He explained that
the deck would be attached to the back of house extending 10' into the 20' rear yard
building setback as indicated and does not affect the rear or side yard utilities.
Steve Simonson stated that in accordance with the city ordinance 28 letters were sent
out to property owners within 200' radius of said property. Of the letters sent four {4)
letters were received in favor and none were received opposed.
George Maxfield stated that the Planning and Zoning Commission having reviewed
the request had recommended approval.
At this time, with no citizen comments voiced, Chairman Hartzog closed the public
hearing.
#4 PUBLIC HEARING: The Board of Adjustment is to receive citizens input
on a request from Barry & Barbara Blackman for a Special Exception to the Zoning
Ordinance to encroach 9' into the 25' front yard setback for a room addition. (BOA
#126-99).
Chairman Hartzog reiterated the procedures to be followed at public hearings.
Steve Simonson reported that in accordance with the city ordinance 21 letters were
sent out to property owners within a 200' radius of said property. Of the letters sent
three (3) letters were received in favor, none were received opposed.
2
Steve Simonson stated that a picture has been provided of the front of the house
showing the distance setback, and distance that is being requested. It would not
encroach in the setback and would not change the appearance of the street.
George Maxfield stated that Planning and Zoning having reviewed the request has
forward a letter recommending approval.
With no further discussion, Chairman Hartzog closed the public hearing.
#5 CONSIDER AND TAKE APPROPRIATE ACTION: On the above Special
Exception request from Joan Stevens, 1517 Red Cedar Cove. (BOA #127-99)
Chairman Hartzog asked if there were any questions or concerns on the request from
Joan Stevens.
Ted Duigon made a motion that was seconded by Jim Harris to approve the request
from Joan Stevens, 1517 Red Cedar Cove for a Special Exception to the Zoning
Ordinance to encroach 10' into the 20' rear yard setback for construction of a deck
and spa. With a vote being called, the motion was approved.
#6 CONSIDER AND TAKE APPROPRIATE ACTION: On the above Special
Exception request from Barry & Barbara, 308 Winburn. (BOA #126-99)
Chairman Hartzog asked if there were any questions or concerns on the request from
Mr. & Mrs. Blackman.
Anita Clark made a motion that was seconded by Ted Duigon to approve the request
from Barry & Barbara Blackman for a Special Exception to the Zoning Ordinance to
encroach 9' into the 25' front yard setback for a room addition. With a vote being
called, the motion was approved.
#7 Consider And Make Recommendation: For Kathy Hill, alternate board
member to replace pending vacancy by current board member, Anita Clark.
Chairman Hartzog announced that Anita Clark had submitted a letter of resignation
effective September 30, 1999. Anita would still be an active member until she no
longer resides in the City. If within the month of September the board meets she
would still be considered an active member.
Steve Simonson stated that the recommendation that is reached this evening to
replace the vacancy would be pending until the dated of resignation from Anita Clark.
If the board would meet between now and the 30~' of September Anita Clark is still
an active member.
Ted Duigon made a motion that the board vote "for" or "against" forwarding to City
Council the recommendation of approval that Kathy Hill alternate, replace the
pending vacancy by Anita Clark and become a permanent board member to the Board
of Adjustment. Jim Harris seconded the motion.
Chairman Hartzog asked that the board take a vote. Everyone wishing "for" the
recommendation to go forward to City Council please respond. With a vote being
called, the vote was as follows:
Ayes: Ted Duigon, Earl Hartzog, Jim Harris and Anita Clark.
Abstention: Kathy Hill.
Motion was approved.
Earl Hartzog stated that the vacancy would be announced in the newsletter and
applications would be taken in order to fill in the vacancy.
#8 GENERAL DISCUSSION:
Kathy Hill:
Kathy mentioned that she would have surgery on September 17, 1999 and if any
meetings were scheduled she would not be able to attend these meetings.
Jim Harris:
Jim announced that he would be out of the City September 11'~ through the 22nd on
vacation.
Earl Hartzog:
Earl stated that Anita Clark would be missed and asked Anita not to be stranger. She
would be welcomed to visit anytime.
Earl mentioned that Rachel Drady had contacted the City about doing a segment on
the Board of Adjustment for the "Talk of the Town". She was to attend the meeting
this evening and had asked that a representative from the board do part of the segment
in the studio. Evidently, another topic was chosen and the Board of Adjustment will
not be on the "Talk of the Town". Copies of different segments can be obtained at the
library.
4
Ted Duigon:
Ted had no comments.
Anita Clark:
Anita had no comments.
George Maxfield:
George stated that he was happy to be part of the board.
Steve Simonson:
Steve reported that the first unit of Cibolo's new housing development has been
approved. Cibolo is moving forward and is starting its annexation procedure. He also
mentioned that it is rumored that Kaufinan and Broad are trying to buy up the rest of
the land on the west side of Schertz Parkway from Ashley Place to Maske Road.
Actually, an offer has been made on the land. Steve commented that the school board
is considering another elementary school in that area also.
The Tri-County Industrial Park area is continuing in its construction of new
businesses, and if you haven't drive up in that area, do so.
Steve reported that the construction date for the FM 78 project has not been finalized.
The railroad ROW in Universal City has not been purchased and construction on the
bridge will not commence until all ROW has been secured.
#9 ADJOURNMENT:
Chairman Hartzog adjourned the meeting at 6:55 p.m.
~ L__ --..
C~ \ ~~~
Board of Adjustment Chairma~
City of Schertz, Texas F
ATTEST:
Planning Secretary, City of Schertz