02-12-2001BOARD OF ADJUSTMENT MEETING
February 12, 2001
The Schertz Board of Adjustment convened in regular session on Monday, February 12,
2001, 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
Jim Harris
James Harden
MEMBERS ABSENT
#1 CALL TO ORDER
CITY STAFF
Leonard Truitt,
Building Official
Mary Ybarra,
Planning & Recording Secretary
OTHERS PRESENT
David Black, 201 Pecan Drive
Mary Black, 201 Pecan Drive
Stephen R. Demory, 205 Pecan Dr.
Chairman Hartzog called the meeting to order at 6:30 p.m.
#2 APPROVAL OF MINUTES: Regular sessions of December 4, 2000 and
January 8, 2001.
Chairman Hartzog asked if there were any corrections or additions to the minutes of
December 4, 2000?
James Harden asked for a correction to spelling of his last name on page one. On page
three in item #5 general discussion under his comments change "Stage Coach Stage" to
read "Stage Coach House".
Ted Duigon asked that a correction be made to the spelling of "Hartzog" in item #2 of the
approval of minutes; on page two-second paragraph the word "without" should be one
word. In item #5 first paragraph the first sentence should read "Chuck Sharpe, member
of the board of the Schertz Parkway Improvement". Also in the third sentence the
statement should read "school district and county, having withdrawn from the project,
which leaves The City of Schertz for funding the project". Ted also pointed out that on
the same page under comments made by James Harden change the statement to read
"Leonard Truitt reported that the issue has been resolved. TXDOT will not allow any
signage on FM3009". Ted added that in general discussion under his comments make
changes to the statement to read "Ted commented that there are too many large houses
going onto small lots, with exception to the zoning ordinance". Ted also added that under
comments made by Leonard Truitt, make change to read "of the candidates two are from
out of state......." .Under comments made by Earl Hartzog make change to read "when
will vehicles be allowed to drive across the bridge"?
Kathy Hill reported that in general discussion under her comments to delete the second
"that" from the statement. Kathy added that in general discussion under comments made
by Leonard Truitt to make change to read "there has been some response to treatment".
Without further delay, a motion was made by Ted Duigon, which was seconded by James
Harris to approve the minutes of December 4, 2000 as amended. With a vote being
called, the motion was approved.
Earl Hartzog asked for corrections or additions to the minutes of January 8, 2001.
Ted Duigon stated that on page three in the second paragraph make change to read " "she
would share the Board's concerns........". On the same page last paragraph make change
to read "that the city is looking fora "Planner".
Kathy Hill moved to approve the minutes of January 8, 2001 as amended. Ted Duigon
seconded the motion. With a vote being called, the motion was approved.
#3 PUBLIC HEARING: To receive citizen input on a request from Stephen
R. Demory, 205 Pecan Drive, Lot 2, Block 6, Westland Park for a special exception to
the zoning ordinance to allow an additional curb cut.
Chairman Hartzog stated that the purpose of the public hearing is to receive comments
from interested citizens. The Board of Adjustment will take all comments into
consideration in its decision. After the public hearing is closed there will be no other
comments taken.
Leonard Truitt stated that the request before the Board is from the resident, he wishes to
add an additional driveway and curb cut on the right side of the property to extend toward
the back to an existing garage. Leonard added that the Planning and Zoning Commission
heard the request, however the Commission forwarded the request with no
recommendation to the Board.
Leonard Truitt stated that in accordance with the city ordinance 181etters were sent out to
property owners within 200' radius of said property. Of the letters sent (3) three letters
was received in favor and (2) two letters were received opposed.
2
Eari Hartzog made note that the Planning and Zoning Commission having sent the
request forward with no recommendation tells him that the Commission "chickened out"
in making some decision in this matter.
At this time, Chairman Hartzog asked if anyone wanted to speak on the matter before the
Board.
David Black at 201 Pecan Drive stated that he is a neighbor and added that he and his
wife are in favor of the Demory request. Also, at this time, Mr. Black thanked the Board
for allowing for his additional curb cut, which was approved at a previous meeting.
At this time, Chairman Hartzog updated the Board and explained that Mr. Black had been
authorized a second curb cut at his residence, however this was due to Mr. Black losing
and damage caused to some of his vehicles during the October 1998 flood.
With no further discussion, Chairman Hartzog closed the public hearing.
#4 CONSIDER AND TAKE APPROPRIATE ACTION: On the above Special
Exception request from Stephen R. Demory 205 Pecan Drive.
Ted Duigon questioned why an additional driveway and curb cut was not requested at the
time the garage was built, which he believes was sometime in 1998. Mr. Demory replied
that at the time he was not prepared to spend the money. Ted commented that if this was
the case the request for the driveway and curb cut could have been made at the same time
and once approved there are no deadlines as to when the curb cut or driveway is done.
Ted Duigon stated that he agrees with the resident at 214 Pecan that has sent her letter
stating that she is opposed and believes it would be setting a precedent. In conclusion,
Ted added that he is prepared to vote against the request.
Earl Hartzog questioned the fire hydrant in the area. Would it cause a problem or would it
have to be moved? Mr. Demory replied it would not cause a problem.
Ted Duigon inquired if it were prohibited to jump the curb because obviously this is what
is happening. What prohibits someone from placing two by fours and driving over the
curb? Earl Hartzog stated that he believes there is something in the city ordinance
prohibiting jumping curbs.
Leonard Truitt explained that if there is no non-access easement, there is nothing in the
code prohibiting jumping curbs.
James Harris stated that he would much rather see a curb cut than having two by fours
and jumping the curb. 1vlr. Demory stated that he agrees with Mr. Harris' comments and
added that his property also was flooded in the 1998 flood, however at that time the
garage was not built.
James Harden asked what was the main issue, the additional curb cut or the driveway?
Leonard Truitt advised that the main issue is the additional curb cut not so much the
driveway issue.
With no additional comments, James Harris moved to approve the request from Stephen
R Demory, 205 Pecan Drive, Lot 2, Block 6, Westland Park for a special exception to
the zoning ordinance to allow an additional curb cut. James Harden seconded the motion.
With vote being called, the vote was as follows:
Ayes: James Harris, James Harden and Kathy Hill.
Opposed: Ted Duigon and Earl Hartzog.
Motion was disapproved.
#5 GENERAL DISCUSSION:
James Harden•
James had no comments.
James Harris•
James had no comments.
Ted Dui~on•
Ted had no comments.
Earl Hartzoa•
Earl commented that he believes that there is an ordinance prohibiting curb jumping. He
recalls that the Schertz Police Department gave someone a citation in which the person
lost the case, the case was based on jumping curbs. Earl stated that he personal believes
something has to be done with parking on yards, and jumping curbs. He believes that
Planning and Zoning should take a look at putting together an ordinance to prohibit these
things from happening and is challenging Planning and Zoning to get something in
writing.
Kathy Hill:
Kathy had no comments.
Leonard Truitt•
Leonard reported that Planning and Zoning at their next meeting would be taking action
on a Chinese restaurant on FM78.
#6 ADJOURNMENT:
Chairman Hartzog adjourned the meeting at 6:55 p.m.
Board of Adjustment Chairm ,City Schertz, Texas
ATTEST:
Planning Secretary, City of Schertz