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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) 2 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. N 't 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 4 Board of Adjustment Ch Orman, City of Schertz, Texas