10-02-2000BOARD OF ADJUSTMENT MEETING
October 2, 2000
The Schertz Board of Adjustment convened in regular session on Monday, October 2,
2000 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
Kathy Hill
James Harris
James Harden
CITY STAFF
Leonard Truitt,
Building Official
Mary Ybarra,
Planning & Recording Secretary
MEMBERS ABSENT
Joyce Briscoe, P & Z, officio
#1 CALL TO ORDER
OTHERS PRESENT
Ton Chapman, Benchmark Homes
Chairman Hartzog called the meeting to order at 6:30 p.m.
#2 APPROVAL OF MINUTES: Minutes of August 28, 2000. The minutes
of September 11, 2000 were not published.
Chairman Hartzog explained that the minutes of September 11, 2000 were not published,
however, if there are any corrections or additions to the minutes of August 28, 2000
please do so at this time.
Ted Duigon reported that on page two, fifth paragraph, the word "forwazd" should be
past tense "forwazded". On page three, first pazagraph, change the wording to read
"....vacation at the time of the Planning and Zoning meeting"; third paragraph, fifth
sentence misspelling of the word "then" to "than"; sixth paragraph, second line change
the word "built" to "build"; page four, first pazagraph, last line delete the word "would";
fifth pazagraph, last line change the word "pull" to "get"; also when speaking about the
Board of Adjustment, capitalize the word when referring to the "Board" through the
minutes; on page five, second to the last paragraph, last sentence, change to read
"......board to see him as a safety valve....." ; on the last page, first pazagraph to read
"......Ted Duigon moved to forwazd to the City Council, recommending approval, the
re-appointment of the remaining members and a change in a status for the
alternate........."; second paragraph insert asemi-colon after the word "permits"; in the
third line change "homeowner" to "homeowner's"; on page seven, second sentence place
a coma after the word "City Council,.....".
James Harden reported that on page three, third pazagraph, second line, change to read
"...no one had any concerns..."
With no further corrections or additions, Ted Duigon moved to approve the minutes of
August 28, 2000 as amended. Kathy Hill seconded the motion. With a vote being called,
the vote was as follows:
Ayes: Eazl Hartzog, Kathy Hill, James Harden, and Ted Duigon.
Abstention: James Harris.
#3 Public Hearing: Request from Benchmazk Homes, 4316 Golden Oak, Oak
Trail Subdivision for a special exception to the zoning ordinance for a side yazd setback
from 7'6" to 7'0" on the left side yard setback of the home and from 7'6" to 7' 1" on the
right side yazd setback for construction of a home.
Without further delay, Chairman Hartzog reminded everyone present that the purpose of
the public heazing is to receive comments from all interested citizens. The Boazd of
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Adjustment will take all comments into consideration in making their decision. After the
public heazing is closed there will be no other comments taken from the citizens on this
matter.
At this time, Eazl Haztzog asked the City's building official, Leonard Truitt, for staff
input.
Mr. Truitt explained that the request comes from Benchmark Homes on behalf of the
homebuyer. The homebuyer has requested to enlarge the master bedroom an additional
foot to provide Nandi-cap requirements for future need.
Mr. Truitt reported that in accordance with city ordinance 14 letters were sent out to
property owners within a 200' foot radius. Of the letters sent out, 2 letters were received
in favor and none were received opposed to the request.
Tom Chapman representing Benchmazk Homes was available to answer questions;
however none were voiced.
At this time, Chairman Hartzog closed the public hearing.
#4 Consider And Take Appropriate Action: Request on the above special
exception to the Zoning Ordinance for Benchmazk Homes, 4316 Golden Oak.
Ted Duigon commented that he had gone out to the site and has no problem with the
request. The request is asking for a variance of a foot, however, this particular house
without the exception to the ordinance would still go right up to the side yazds in both
cases. Ted Duigon added that if the neighbors on either side of the home didn't voice any
concern, and the property owner that fronts the request didn't voice any concern one way
or the other, lie certainly d_oesn't have a problem with the request submitted.
With no further discussion,.. Ted Duigon moved to approve the request from Benchmark
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Homes, 4316 Golden Oak, Oak Trail Subdivision for a special exception to the zoning
ordinance for a side Yazd setback from 7'6" to 7'0" on the left side yard setback of the
home and from 7'6" to 7'1" on the right side yard setback for construction of a home.
James Hazden seconded the motion. With a vote being called, the motion was approved.
#5 GENERAL DISCUSSION:
James Harden•
James asked Leonazd Truitt if he could provide any information on the Forest Ridge
drainage ditch project along FM3009. James stated that he talked with the builder and
would like to get both sides of the stories in regard to the project. It's his understanding
that the project would take drainage underground across IH 35. Leonard Truitt
commented that he isn't quite sure however, he believes the project started at the caz
wash, where some drainage problems were found, which they aze trying to correct.
Leonazd stated he isn't 100% clear on what is going on because drainage falls under
Streets and Parks Department, however will look into it and will provide some feedback.
James asked what aze the requirements for fence placement between properties. Forest
Ridge has a wooden fence set about a foot and half from their property line and they aze
under the impression that the fence has to be moved back. Is this city required? Leonard
Truitt stated that doesn't matter where the fence is placed within the property or inside
the property. If the fence is placed on the property line, then it becomes a common fence
between property owners.
James Harris•
James had no comments.
Ted Duigon:
Ted questioned who would be responsible for fence repair, (i.e. fence dividing properties
between homes)? If the fence were in need of repair would it be the sole responsibility of
the property owner whose fence was in need of repair? Leonazd Truitt advised that if the
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fence were on the property line the neighbor should be contacted of the repairs. If the
neighbor refuses to shaze expenses, it becomes a personal dispute. Leonazd commented
that what is happening more and more is that fences are being placed anywhere from 6"
into the property line, to claim ownership. However, fences that are placed on top of
each other leave a grassy azea between them, which at times causing dispute in regard to
who is responsible for the grassy area.
Kathy Hill:
Kathy mentioned that she had received the invitation to the Business Appreciation Dinner
and was curious had everyone else received an invitation. Business Appreciation Dinner
is scheduled for October 24, 2000.
Leonard Truitt:
Leonard reported that the FM78 project is on schedule, looking for completion around the
yeaz 2002. The use of the bridge at FM78 and FM 1518 is scheduled for November of
this yeaz. Leonazd also reported on two projects in the Tri-County Business area, Embrey
and the Block Developments.
#6 ADJOURNMENT:
With no further business, Chairman Hartzog adjourned the meeting at 6:55 p.m.
Boazd of Adjustment C City of Schertz, Texas
ATTEST:
P g Se et ,City of Schertz