05-03-1999BOARD OF ADJUSTMENT MEETING
May 3,1999
The Schertz Board of Adjustment convened in regular session on Monday, May 3,
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
Kathy Hill, Alternate
Anita Clark
Jim Harris
Peggy Brown.
Joyce Briscoe, ex- officio
Members Absent
Joyce Briscoe
#1 CALL TO ORDER
CITY STAFF
Steve Simonson,
Asst. City Manager
Mary Ybarra, Planning &
Recording Secretary
Others Present
Michelle Hammons,
3 708 Limestone Cove
Jose -Lus Cantu,
1073 Gettysburg Drive
Chairman Hartzog called the meeting to order at 6:30 p.m and welcomed Kathy Hill,
who will sit as alternate due to Ted Duigon's absence.
#2 APPROVAL OF MINUTES: Regular session of March 22, 1999.
Earl Hartzog asked for any correction or additions to the minutes of March 22, 1999?
With no further corrections or additions, a motion was made by James Harris and
seconded by Peggy Brown to approve the minutes of March 22, 1999 as written. With
a vote being called, the motion was approved.
#3 PUBLIC HEARING: The Board of Adjustment is to receive citizens input
on a request from Scott & Michelle Hammons, 3708 Limestone Cove for a Special
Exception to the Zoning Ordinance to encroach 16' into the 20' rear yard setback for
construction of a pool and decking. (BOA #120 -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 informed the BOA that the house is situated in a cul -de -sac and the
reason for the request is due to the house having a short backyard. Basically, the
house is at the 20' building setback. There are no utilities in the backyard. However,
building will be up to the house and that is considered construction from the house to
the backyard, with an encroachment of 16' into the 20' building setback. Leaving 4'
that will be landscaped from the edge of the pool to the back fence.
Steve Simonson stated that in accordance with the City ordinance 27 letters were sent
to property owners within the 200' radius of said property. Of the letters sent, four
letters were received in favor and one letter opposed.
Peggy Brown stated that 3720 Limestone Mesa is the address to the letter that is
opposed. Where is it in relation to the request address? Peggy Brown was advised that
Limestone Mesa is across the street with another street between the house in question-
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 James Yarbrough, 2793 Valencia Lane, Blk. 9, Lot 41, Greenshire
Subdivision Unit 7 for a Special Exception to the Zoning Ordinance to encroach into
the S' easement for placement of pool deck. (BOA #121 -99).
Chairman Hartzog reiterated the procedures for public hearings on citizen's request.
Steve Simonson explained that the pool decking would encroach into the 5' side yard
utility easement. A large drainage ROW is on the same side and there are no houses.
A letter from G.V.E.C. explaining that the utility easement is not being used is part of
the packet.
Steve Simonson stated that in accordance with the City ordinance 9 letters were sent
to property owners within the 200' radius of said property. Of the letters sent, five
letters were received in favor and none were received opposed.
The Board acknowledged that letters from the Planning and Zoning Commission
recommending approval, and Paragon and Southwestern Bell are also part of the
packet informing the BOA that there is no problem with the encroachment.
Steve Simonson stated that the property would be fenced with the completion of the
pool. Steve Simonson mentioned that Mr. Yarbrough had called in and apologized;
He would not make the meeting; he was tied up in traffic.
With no further comments voiced, Chairman Hartzog closed the public hearing
#S PUBLIC HEARING: The Board of Adjustment is to receive citizens input
on a request from Jose -Lus Cantu, 1073 Gettysburg Drive for a Special Exception to
the Zoning Ordinance to allow construction of a two-car carport, with encroachment
of 4'8" into the side yard setback. (BOA #123 -99).
Chairman Hartzog reiterated the procedures for public hearings on citizen's request,
and at this time asked for staff input.
Steve Simonson stated that in accordance with the City ordinance 24 letters were sent
to property owners within the 200' radius of said property. Of the letters sent, six
letters were received in favor and one was received opposed.
Steve Simonson stated that there is a problem with the request. The standard side yard
requirement is 7.5' however, the side yard for the Village is 5. The drawing
presented is showing the measurement from the concrete driveway, not the edge of
the house. The carport posts will not be on the property line; there will be some space
between property lines. The 12" overhang from the carport would drain on his
property still leaving 1.5' to the property line.
Anita Clark asked if the driveway was going to be expanded? Mr. Cantu explained
that the driveway would be expanded on both sides. The columns would sit on the
concrete slab, and the driveway would be approximately 2' from the property line.
Earl Hartzog mentioned that for the record, a letter from the Planning and Zoning
Commission recommending approval is part of the Board's packet.
With no further comments voiced, Chairman Hartzog closed the public hearing.
#b CONSIDER AND TAKE APPROPRIATE ACTION: Consider and take
action on the above Special Exception request from Scott & Michelle Hammons,
3708 Limestone Cove. (BOA #120 -99)
Chairman Hartzog asked for any discussion or comments on the request from Scott &
Michelle Hammons?
With no further discussion, a motion was made by Peggy Brown and seconded by
Anita Clark to approve the request from Scott & Michelle Hammons, 3708 Limestone
Cove for a Special Exception to the Zoning Ordinance to encroach 15' into the 20'
rear yard setback for construction of a pool and decking. With a vote being called, the
motion was approved.
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#7 CONSIDER AND TAKE APPROPRIATE ACTION: Consider and take
action on the above Special Exception request from James Yarbrough, 2793 Valencia
Lane. (BOA # 121 -99)
Chairman Hartzog asked for any discussion or comments on the request from James
Yarbrough?
With no further discussion, a motion was made by James Harris and seconded by
Kathy Hill to approve the request from James Yarbrough, 2793 Valencia Lane, Blk.
9, Lot 41, Greenshire Subdivision Unit 7 for a Special Exception to the Zoning
Ordinance to encroach into the 5' easement for placement of pool deck. With a vote
being called, the motion was approved.
#8 CONSIDER AND TAKE APPROPRIATE ACTION: Consider and take
action on the above Special Exception request from Jose -Lus Cantu, 1073
Gettysburg. (BOA #123 -99)
Chairman Hartzog asked if there were any comments or questions on the request from
Jose -Lus Cantu?
A motion was made by Kathy Hill and seconded by Anita Clark to approve the
request from Jose -Lus Cantu, 1073 Gettysburg. Drive for a Special Exception to the
Zoning Ordinance to allow construction of a two -car carport, with encroachment of
4'8" into the side yard setback. With a vote being called, the motion was approved.
#9 GENERAL DISCUSSION:
Kathy Hill:
Kathy stated that she was glad to be present at said meeting. She informed the Board
of a new phone number where she could be reached.
Peggy Brown:
Peggy mentioned some concern in regard to not having enough officers on the school
campus. There are only two officers at the present time and feels that isn't adequate
security. With recent incidents of shooting on school campus and bomb threats she
feels more security is needed.
Jim Harris:
Jim had no comments.
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Anita Clark:
Anita had no comments.
Steve Simonson:
Steve mentioned that he attended a flood plain management program this past week.
It was a very informative week. The past two floods in the City of Schertz in the last
two years are flooding that this area has never seen. The flood plain maps provided by
FEMA indicate the area of 100 -year and 500 -year flood. This does not mean that
flooding will not occur in a 100 or 500 years. The percentage of possible flooding in
one year if an area is in a 100 -year flood is 1% and .20% in 500 -year flood plain. Will
flooding occur again? It is very possible.
Earl Hartzog:
Earl commented that sidewalks are not happening on FM 3009. He feels it is a safety
issue due to citizens walking out on FM 3009. Earl was advised that the City Council
would be making the decisions on sidewalk issues on FM 3009.
#8 ADJOURNMENT:
Chairman Hartzog adjourned the meeting at 7:05 p.m.
Board of Adjustment Chairman,
City of Schertz, Texas
ATTEST:
Planning Secretary, City of Schertz