03-22-1999BOARD OF ADJUSTMENT MEETING
March 22, 1999
The Schertz Board of Adjustment convened in regular session on Monday, March 22,
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 CITY STAFF
Earl Hartzog, Chairman
Steve Simonson,
Ted Duigon, Vice - Chairman
Asst. City Manager
Anita Clark
Mary Ybarra
Jim Harris
Planning Secretary
Peggy Brown
Joyce Briscoe, ex- officio
Members Absent Others Present
David & Mary Black,
201 Pecan Street
#1 CALL TO ORDER
Chairman Hartzog called the meeting to order at 6:30 p.m.
#2 APPROVAL OF MINUTES: Regular session of February 22, 1999.
Earl Hartzog asked for any correction or additions to the minutes.
Earl Hartzog commented that in item #3, to add the request information; "Charles M.
Reynolds at 3505 Marietta Lane, Carolina Crossing Subdivision Unit 3, for a Special
Exception to the Zoning Ordinance to encroach 15' into the rear yard setback to place
deck and spa ".
With no further corrections or additions, a motion was made by Ted Duigon and
seconded by Anita Clark to approve the minutes of February 22, 1999 as corrected.
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 David & Mary Black, 201 Pecan Street for a Special Exception to
the Zoning Ordinance to allow an additional curb cut. (BOA #119A -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 Board that due to repeated flooding both in 1997 and
1998, Mr. Black would like to add an emergency exit. Mr. Black restores cars at this
location, and due to flooding (June 1997 and October 1998) he was able to save only
one of his cars. His home is the only house in the neighborhood that sits 3 to 4 feet
lower from the creek bank.
Steve Simonson stated that in accordance with the City ordinance 16 letters were sent
out to property owners within 200' radius of said property. Of the letters sent out, (4)
letters was received in favor and no letters were received opposed.
Joyce Briscoe reported that given the circumstances the Planning and Zoning
Commission agreed that the request is an appropriate solution and recommends
approval.
Earl Hartzog asked if there is a requirement on the type of material used, and was
advised that Mr. Black has indicated that the driveway would be concrete.
Ted Duigon stated that he would support a move to recommend that the fee
requirement for Mr. Black or other flood victims be waived. He doesn't believe flood
victims should be required to pay under the circumstances.
Steve Simonson stated that he would look into, however, in the meantime the City
Manager maybe- contacted in writing, requesting that the fee be waived.
Mr. Black stated that he would like to thank the Board for their consideration. The
additional curb cut would help in the event of more flooding.
With no further comments voiced, Chairman Hartzog closed the public hearing at
6:40 p.m.
#4 CONSIDER AND TAKE APPROPRIATE ACTION: Consider and take
action on the above Special Exception request from David Black, 201 Pecan Street.
(BOA #119A -99)
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Chairman Hartzog asked if there was further discussion from the Board.
Peggy Brown mentioned that her family and friends have admired, and are familiar
with Mr. Black's work in restoring cars. They have seen his fine work at City
functions, and she would support a move for approval to the request.
A motion was made by Peggy Brown and seconded by Jim Harris to approve the
request David & Mary Black, 201 Pecan Street for a Special Exception to the Zoning
Ordinance to allow an additional curb cut. With a vote being called, the motion was
approved.
#5 GENERAL DISCUSSION:
Peggy Brown:
Peggy had no comments.
Jim Harris:
Jim reported that he tried getting a library card at the Schertz Library, and was
questioned if he was a citizen. The librarian called City Hall to verify. The address on
his license is different in that it shows a Cibolo address however he lives in the City.
After verifying the address he was given the library card, nevertheless, it was a bit
upsetting.
Ted Duieon•
Ted reiterated concerns for the intersection FM3009/IH35. It is a very hazardous
intersection, and suggests a concrete median. Does someone need to get killed before
something is done?
Anita Clark:
Anita asked what type of development is going in next to the Shell Station on FM
3009, and was advised that Dutch Boy Cleaners was approved for construction at that
location.
Joyce Briscoe:
Joyce reported that the "Tree Ordinance" was approved by City Council. Planning
and Zoning is looking into hiring a professional consultant to help with the City
Master Plan.
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Steve Simonson:
Steve reported that there are plans for Eckerd Drug and will see Taco Bell finally
under construction. The Industrial Business Park is growing with new construction as
well. One of the first businesses to expand is Alamo Holly; it is doubling their
operation.
Steve mentioned that at the recent (Municipal Planning Organization) WO meeting,
there was a briefing on the initial plan for the Computer rail between San Antonio and
Austin. One of the projected stops would be at the Rolling Oaks Mall location. There
was a projected rider fee of $9 from San Antonio to Austin. One of the biggest
concerns is the "Ozone ", what will it cost if the counties have to go into non -
attainment.
Steve added that the projected time for the FM 78 widening is this summer, and
another project that the City is working on is getting the contracts for the demolition
of the Palms Apartments, Shoe Shop and other buildings that has some environment
concerns which will have to be taken care of before any buildings are removed.
Earl HartzoLy•
Earl Hartzog asked if Ken's Trading Post was gone or had it been purchased and was
advised that there was no information. Earl questioned the work at the bridge, and
was advised that the Texas Highway Department is straightening the creek bed.
Earl Hartzog announced that this might be his last meeting.
#8 ADJOURNMENT:
Chairman Hartzog adjourned the meeting at 7:05 p.m.
ATTEST:
Planning Secretary, City of Schertz
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Board of Adjustment Ch Orman,
City of Schertz, Texas