07-21-1999BOARD OF ADJUSTMENT MEETING
June 21,1999
The Schertz Board of Adjustment convened in regular session on Monday, June 21,
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
Anita Clark
Jim Harris
CITY STAFF
Steve Simonson,
Asst. City Manager
Mary Ybarra, Planning &
Recording Secretary
Members Absent
Joyce Briscoe
Peggy Brown
#1 CALL TO ORDER
Others Present
Malcom Morgan,
3816 Forsyth Park
Robert ~ Jayne Creasy,
3605 Gamble Street.
Chairman Hartzog called the meeting to order at 6:30 p.m.
#2 APPROVAL OF MINUTES: Regular session of May 3, 1999.
Earl Hartzog asked for any correction or additions to the minutes of May 3, 1999.
With no further corrections or additions, a motion was made by James Hams and
seconded by Anita Clark to approve the minutes of May 3, 1999 as written. With a
vote being called, the motion was as follows:
Ayes: Earl Hartzog, Anita Clark and James Hams
Abstention: Ted Duigon (absent at said meeting).
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#3 PUBLIC HEARING: The Board of Adjustment is to receive citizens input
on a request from Robert & Jayne Creasy, 3605 Gamble Street for a Special
Exception to the Zoning Ordinance to encroach 3'6" into the 20' rear yard setback for
construction of a deck.
Chairman Hartzog stated that the purpose of the public hearing is to receive
comments from interested citizens. Chairman Hartzog thanked the citizens' for their
interest and concerns. The Board of Adjustment will take all 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 'informed the BOA that the request is brought forward as a package,
the construction of the deck at this time, and if in the future the Creasy's so desire to
add a roof or enclose the structure it would be allowable with no additional variance
request. The deck is an attachment to the house which makes it part of the house.
Steve added that the construction would not affect any utility easements.
Steve Simonson stated that in accordance with the City ordinance 19 letters were sent
to property owners within the 200' radius of said property. Of the letters sent, one
letter was in received in favor and non-opposed.
Chairman Hartzog mentioned that Joyce Briscoe was not present to give a report from
the Planning & Zoning Commission however, a letter from the Commission is part of
our packet recommending approval.
With no further comments voiced, Chairman Hartzog closed the public hearing.
#4 PUBLIC HEARING: The Board of Adjustment is to receive citizens input
on a request from Malcom Morgan, 3816 Forsyth Park, for a Special Exception to the
Zoning Ordinance to encroach 2' into the 1 Z' rear yard easement for construction of
an above ground pool.
Chairman Hartzog reiterated the procedures to be followed for public hearings.
Steve Simonson explained that the above ground pool does not meet the requirements
of the 10' setback, the pool would encroach 2' into the 12' setback. The easement is
part of the platted area and is concerned an exception, which BOA would have to
allow it.
Steve Simonson stated that Mr. Morgan had G.V.E.C. and SWB, etc. come out and
mark the area. In dealing with utility companies we are aware that usually utility
easements are placed in the last 3 to 5 feet of the easement never in the middle to the
yard. With this in mine the above ground pool would not cause any problem in the
area.
Steve Simonson stated that in accordance with the City ordinance 281etters were sent
to property owners' within the 200' radius of said property. Of the letters sent, three
letters were received in favor and none were received opposed.
Earl Hartzog commented that there isn't a letter from the Planning & Zoning
Commission, however assumes that the P&Z Commission recommends approval.
Steve Simonson stated that the P & Z Commission did forward the request
recommending approval and he apologizes for not having the Letter but due to Mary
Ybarra, Recording Secretary going home ill he was unable to locate the letter.
With no further comments voiced, Chairman Hartzog closed the public hearing.
#5 CONSIDER AND TAKE APPROPRIATE ACTION: Consider and take
action on the above Special Exception request from Robert & Jayne Creasy, 3605
Gamble Street.
Chairman Hartzog asked for any discussion or comments on the request from Robert
& Jayne Creasy?
With no further discussion, a motion was made by Ted Duigon and seconded by
Anita Clark to approve the request from Robert & Jayne Creasy, 3605 Gamble Street
for a Special Exception to the Zoning Ordinance to encroach 3'6" into the 20' rear
yard setback for construction of a deck. With a vote being called, the motion was
approved.
#6 CONSIDER AND TAKE APPROPRIATE ACTION: Consider and take
action on the above Special Exception request from Malcom Morgan, 3816 Forsyth
Park.
Chairman Hartzog asked for any discussion or comments on the request from
Malcom Morgan?
With no further discussion, a motion was made Anita Clark and seconded by Ted
Duigon to approve the request from Malcom Morgan, 3816 Forsyth Park for a Special
Exception to the Zoning Ordinance to encroach 2' into the 12' rear yard easement
setback for construction of an above ground pool. With a vote being called, the
motion was approved.
James Hams commented that Mr. Morgan has his work cut out. He has owned an
above ground pool for 14 years and is well aware of the work involved. Mr. Morgan
commented it's not his first above ground pool and thus, is aware of the work
involved.
#7 GENERAL DISCUSSION:
Jim Harris•
Jim had no comments.
Ted Dui on:
Ted asked for clarification on the request from Mr. Morgan. He doesn't quite
understand if the variance was allowed for the encroachment of the 2' into the 12'
rear yard easement. Why would Mr. Morgan not come back for an additional request
if he were to add a roof or any type of construction to the deck? Steve Simonson
stated that the construction is part of the house and not an additional structure
detached from the house (i.e. accessory building). For this reason, Mr. Morgan
wouldn't need to come back for any type of variance he would be allowed the
addition.
Ted mentioned that there is talk from some neighbors on Antler that some trees on the
street were marked or tagged. Were these trees marked for a specific reason? Steve
stated that the Public Work Department marked these trees to identify the trees that
would be removed if street repairs were made. There have been a lot of calls from
citizens in the area that the streets in the area are in need of widening and repairs. In
doing this some of the marked tree would be removed in order to widen and do
repairs. The City has not received any calls after citizens became aware of what trees
would be removed if the widening or repairs were made.
Anita Clark•
Anita reminded everyone of the 4~' of July Jubilee next weekend. She is happy for the
rain this week however, she hopes for `moo Rain" on the weekend of the 4'~. She
hopes everyone attends the parade, which will be held on Saturday at 10:00 am, plus
a lot more.
Steve Simonson•
Steve reported there is a lot of staking going on out in the Tri-County Business Park,
more and more businesses are going in. A freight company is planned for the area
soon. The growing continues.
Earl Hartzo~•
Earl commented that Schertz Medical Center (Quantum) employees are parking out
on the street, is this allowed? Steve Simonson stated there is no parking allowed on
the street and will look into it.
Earl voiced concern for the need of sidewalks on FM 3009, and suggests that the City
Council take a second look at this issue.
#8 ADJOURNMENT:
Chairman Hartzog adjourned the meeting at 6:50 p.m.
oard of Adjustment Cha' n,
City of Schertz, Texas
ATTEST:
Planning Secretary, City of Schertz