02-22-1999BOARD OF ADJUSTMENT MEETING
February 22, 1999
The Schertz Board of Adjustment convened in regular session on Monday February 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 Asst. City Manager
Anita Clark Mary Ybarra
Jim Harris Planning Secretary
Peggy Brown (late arrival 6:35 p.m.)
Joyce Briscoe, P & Z ex-officio
Members Absent Others Present
Charles Reynolds,
3505 Marietta Lane
Reynaldo Gutierrez,
3501 Marietta Lane
Kirk N. Phillips,
3560 Marietta Lane
#1 Call to Order:
Chairman Hartzog called the meeting to order at 6:30 p.m.
#2 Approval of Minutes: Regular session of November 30, 1998.
Chairman Hartzog asked for any corrections. to the minutes.
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With no further discussion, a motion was made by Jim Harris and seconded by Anita
Clark to approve the minutes of November 30, 1998 as written. With a vote being called,
the vote was as follows:
Ayes: Jim Harris, Anita Clark, and Earl Hartzog
Abstention: Ted Duigon (absent at said meeting).
Motion carried.
#3 Public Hearing: To receive citizen input on a request from Charles M.
Reynolds, 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.
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.
Chairman Hartzog asked for staff input.
Steve Simonson stated that in accordance with the city ordinance 21 letters were sent
out to property owners within a 200' radius of said property. Of the 21 letters sent out,
five (5) letters were received in favor, none were received opposed to the request.
Steve Simonson explained that the encroachment would not affect utility easements
either at the side or rear yard setbacks. The topography of the land is also acceptable
for this type of construction. The decking will not extend above the fence, however,
since the decking extends from the patio to the rear of the yard, it would need approval
from the BOA. The Planning and Zoning Commission agreed that it is a very good
project.
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Earl Hartzog informed the Board that a letter recommending approval from the Planning
and Zoning Commission is enclosed.
Ted Duigon questioned if there was a response from the property owners that are
directly behind the back yard, and was advised that these property owners are in favor
and have no objections.
Neighbors Roland Gutierrez and Kirk Phillips informed the Board that they are in favor
of the proposed request and that it is a very good looking project. Both agree that Mr.
Reynolds home is the best looking home in the neighborhood.
Earl Hartzog questioned that there is a fairly large oak tree at the rear of the property
and how would it be affected?
Mr. Reynolds explained that the reason for the encroachment and position of the deck is
to avoid the oak tree at the rear of the property. There will be 10' from the deck to the
larger oak tree at the rear of the property.
With no further discussion, Earl Hartzog closed the public hearing at 6:40 p.m.
#5 Consider and Take Appropriate Action: On the above Special Exception
request from Charles M. Reynolds, 3505 Marietta Lane. (C #119-99)
Earl Hartzog asked if there any questions or comments.
Peggy Brown commented that it was very nice to have neighbors that are supportive
and show interest in their neighborhoods.
A motion was made by Peggy Brown and seconded by Jim Harris to approve the
request from Charles M. Reynolds, 3505 Marietta Lane, Carolina Crossing Subdivision
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Unit 3, for a Special Exception to the Zoning Ordinance to encroach 15' into the rear
yard setback to place deck and spa. With a vote being called, the motion was approved.
#7 GENERAL DISCUSSION:
Peggy Brown:
Peggy apologized for her late arrival, and asked what was happening out on FM 1518
and IH35 at the creek area, and was advised that it is construction for the Universal City
Golf Course.
Jim Harris:
Jim commented having seen the police department out in the Tri-County Business Park
area and wondered if there had been a robbery in the area.
Ted Duigon:
Ted mentioned reading in the newspaper of a new ordinance in the City having to do
with yard beautification. Steve Simonson stated that the new ordinance is a "nuisance
ordinance", which gives the city inspector the authority to deal with repeat offenders,
that are a problem year after year. The ordinance allows that a 10 day notice is given, if
the notice is ignored, a citation will be given.
Ted mentioned that he has seen construction vehicles make use of a road off of Green
Valley Road, and asked if this was temporary access to some construction area? Mr.
Simonson advised him that it was only temporary, for the construction of the Arroyo
Verde Subdivision.
Ted asked what was the source of an odor coming off the South side of Cibolo Creek?
Is it the landfill after the floodwaters uncovered debris? Steve Simonson stated he did
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not know, at the moment Mr. Sweatt has someone looking into the problem. Steve
pointed out that after the flood the Creek was full of debris and stagnate water that may
also cause the odor.
Anita Clark:
Anita commented that in a discussion regarding the G.E.V.C. building, she understood
that the fencing along the backside was to be of the same material as the building. As
far as she can tell part of the fence is concrete and wrought iron, and is not uniform.
Steve Simonson stated that he would look into and check the site plan. Anita mentioned
that she believes G.V.E.C. will open its doors on March 5, 1999.
Anita asked what is the City requirement for storage building in back yards? Anita stated
that she noticed storage building in a back yard of a home (1000 Curtiss St.) that is 3 to
4 feet away from the house. Steve Simonson stated that the required distance is 10'
from the house. An inspector can be sent out to investigate as to the date of installation,
and if found to be in violation, a letter is sent out informing the property owner that it will
have to be moved. The property owner would have to request a variance if this is the
case.
Anita questioned if plans for the Taco Bell complex on IH35 have been brought to the
City. Steve Simonson stated he has not seen the plans, however, it was indicated that
they would bring in the plans for the next Planning and Zoning meeting.
Steve Simonson:
Steve mentioned that sometime around May 1, 1999, "formulated gasoline" (cleaner
burning, etc.) would be introduced to the area. Steve mentioned that the Metropolitan
Planning Organization (MPO) is working very strongly for light rail and computer rail.
Computer rail between this area and Austin. Light rail at different points within the City
of San Antonio area. These are items that are being looked at.
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Steve Simonson mentioned that the applications for Specific Use Permit and Special
Exception are being considered by City Council. The application has an inclusion for
comments from (HOA) Homeowners association, which will avoid delays or problems in
request brought for consideration.
Earl Hartzog:
Earl mentioned that the next meeting is scheduled for March 22, 1999. Earl mentioned
that two City Council members are not seeking re-election, and if anyone is interested in
running for City Council can do so.
#8 ADJOURNMENT:
Chairman Earl Hartzog adjourned the meeting at 7:00 p.m.
r
Board of Adjustment C airman, ity of Schertz
ATTEST:
Planning Secretary, City of Schertz
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