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09-11-2000BOARD OF ADJUSTMENT MEETING September 11, 2000 The Schertz Board of Adjustment convened in regular session on Monday, September 1 1, 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 Harden Joyce Briscoe, P & Z, officio CITY STAFF Leonard Truitt, Building Official Mary Ybarra, Planning & Recording Secretary MEMBERS ABSENT James Harris #1 CALL TO ORDER OTHERS PRESENT Kenneth W. Tucker, 482 Covered Bridge Paul L. Starrey, 487Covered Bridge Chairman Hartzog called the meeting to order at 6:30 p.m. #2 APPROVAL OF MINUTES: Minutes of August 28, 2000 were not published. Chairman Hartzog explained that the minutes of August 28, 2000 were not published. #3 Public Hearing: Request from Highland Homes, Woodbridge Subdivision 1 for a special exception to the zoning ordinance for a front yard setback at a.) 491 Covered Bridge from 25' to 18' and b.) at 494 Cedar Bridge from 25' to 19' for the construction of a house. Chairman Hartzog stated that the request would be discussed one item at a time. The first public hearing issue would be on item a) 491 Covered Bridge. At this time, Chairman Hartzog asked for staff input. Leonard Truitt stated that Highland Homes has requested a variance for the placement of the home because it is a cul-de-sac lot. Leonard Truitt added that the Planning and Zoning Commission recommended disapproval on this issue. Leonard Truitt stated that in accordance with the city ordinance (7) seven letters were sent out to property owners within a 200' radius of this property. Of the letters sent, two letters have been returned this evening, one letter in favor and one letter opposed. Mr. Truitt added that the letter that was received in opposition is opposed on both issues. Joyce Briscoe stated that the Planning and Zoning Commission recommended approval for item b), however disapproved the request for item a), Joyce added that the Commission voiced concern when it came to builders that build in the City. Joyce stated that the Commission believed that builders are fully aware of city requirements when it comes to platting such as lot sizes, etc. Joyce stated that the Commission did agree on granting approval on the request for item b) because it would be saving a tree on the lot. Without further delay, Chairman Hartzog reminded everyone present that the purpose of a public hearing is to receive comments from all interested citizens. The Board of Adjustment will take all comments into consideration in making their decision. After the public hearing is closed there will be no other comments taken from the citizens on this matter. 2 At this time, Chairman Hartzog opened the floor for citizen comments. Paul Starrey, 497 Covered Bridge stated that Highland Homes hasn't provided information as to the placement of the home. His home is adjacent to the proposed structure and his concern is that he would like a 45-degree view out of this bedroom. Mr. Paul Stazky stated that not knowing what the setbacks would be he has no way of knowing what the view lines from the bedroom would be. Mr. Stazky stated that he doesn't have a problem with the structure behind his home it's the structure adjacent his property. Mr. Starky added that his home also had an issue with setback requirements in order to save a tree, and believes the cul-de-sac would have a problem with aesthetic appeazance with some of the homes pushed further back than this home in question. Mr. Stazky added that his home is approximately 50' to 60' from the front door from the street. Ken Tucker 482 Covered Bridge commented that his home is down the street from the proposed structures, and not adjacent to these structures. However, it was his understanding that the setback variance was requested to save trees on the property. Because he is down the street from the request in question, he has no opinion one way or the other. At this time, Leonard Truitt made a claziflcation that the homes aze to be spec homes and not for identified homebuyers. In brief discussion among the Commission, it was agreed that the reason for the first vaziance request is because the lot is odd shaped or pie shaped and the home would not fit. With no further comments or discussion, Chairman Hartzog closed the public hearing for item a) at 491 Covered Bridge and opened the floor for item b) 494 Cedaz Bridge, and reiterated the public heaiing procedures for everyone present. 3 Leonazd Truitt, building official stated that the vaziance request is for a front yard setback of 25' to 19'. In this particulaz instance it seems the house is smaller however, there is one tree that would be saved if the variance were approved. With no additional comment or discussion, Chairman Hartzog closed the public heazing. #4 Consider And Take Appropriate Action: Request on the above special exception to the Zoning Ordinance for Highland Homes, Woodbridge Subdivision a) 491 Covered Bridge and b) 494 Cedaz Bridge. Chairman Hartzog stated that the requests will be taken in order and asked for any comments or discussion on agenda item a) 491 Covered Bridge. Ted Duigon commented that he had driven out to the site and is a bit distressed that no one from Highland Homes is present. He would have liked to have inquired on the philosophy involved. Ted Duigon stated that having read the letter from Highland Homes that is part of the Board's packet, he would like to comment that in both cases the lots aze irregular and on cul-de-sacs. He believes that the determination to put cul-de-sacs in this area of the subdivision was done by the same person requesting the vaziance, which he assumes is the same entity that designed the lot layout. Ted Duigon added that a fact that is not mentioned is that the lots share a common back yard fence (back up to each other). In both cases the homes exceed one of the setbacks (front yazd setback). The homes aze basically going to be placed as faz forward as possible. The question being is it going to be further forwazd then the variance would allow? James Hazden commented that he believes in regazd to the home on Covered Bridge that the builder designed the home knowing the size of the home and could have rearranged the cul-de-sac to accommodate the size home. In regard to Cedar Bridge and saving one tree, James Harden believes that the tree would have root damage and possibly will not 4 be saved; the tree is too close to slab in his opinion. With no further discussion, Ted Duigon moved to deny the request from Highland Homes, Woodbridge Subdivision for a special exception to the zoning ordinance for a front yazd setback, 491 Covered Bridge from 25' to 18'. James Harden seconded the motion. With a vote being called, the motion was unanimously approved. Chairman Hartzog asked for discussion on the variance request at b) 494 Cedar Bridge. Chairman Hartzog stated that he believes the tree is no longer on the site at 494 Cedaz Bridge. With no further discussion, Kathy Hill moved to approve the request from Highland Homes, Woodbridge Subdivision for a special exception to the zoning ordinance at 494 Cedar Bridge for construction of a home with a front yazd vaziance to save a lazge tree in back yard. With no second, Chairman Hartzog stated the motion dies. At this time, Kathy Hill withdrew the motion. Ted Duigon at this time, moved to deny the request from Highland Homes, Woodbridge Subdivision, 494 Cedaz Bridge for a special exception to the zoning ordinance from 25' to 19'. James Hazden seconded the motion. With a vote being called, the vote was as follows: Ayes: Kathy Hill, Ted Duigon and James Hazden. Opposed: Earl Hartzog. Motion approved. #5 GENERAL DISCUSSION: James Harden• James reported that a meeting of the Alamo Machinery Corporation was scheduled for 7 5 p.m tomorrow evening, Tuesday the 12~' to discuss water issues. Ted Dui~on• Ted had no comments. Kathy Kathy suggested changing the BOA's meeting time to 6 p.m, however it was decided to stay with the present time of 6:30. Joyce Briscoe• Joyce commented that the Planning & Zoning Commission has been struggling with making changes to the city's sign ordinance and would like to carry back some feedback on the Boazd's feelings. The P & Z Commission has discussed doing away with bandit signs, cleazing FM 78, etc., how does the Board feel about off site signage? Ted Duigon commented that he believes there should be some enforcement of the city ordinance first, then if there is a still problem, change the ordinance. Joyce Briscoe stated that she believes signs distract from traffic and aze as a safety hazazd. Chairman Hartzog commented that he believes if the City starts to take signs away, it would drive these businesses away. Businesses need some method of advertising. Joyce Briscoe stated that she tends to disagree and believes that if someone wants your product, they will find you. Leonard Truitt: Leonard reported that the Penshorn Dental Clinic has been given a 6-month extension on placement of the 8' masonry fence. 6 Leonard also reported that the Inspection Department is trying to stay ahead of illegal bandit signs. As fast as the signs are picked up more are out there. This weekend alone 30 bandit signs were picked up. Leonard reported on several other development requests throughout the city that have been submitted to the Planning and Zoning Commission. #6 ADJOURNMENT: With no further business, Chairman Hartzog adjourned the meeting at 6:55 p.m, (/ .. Board of Adjustment Cha' an, City of Schertz, Texas ATTEST: Plannin Secretary, City of Schertz