Min CC 07/01/1976 1
MINUTES
CITY COUNCIL MEETING
CIBOLO, TEXAS
REGULAR MEETING, THURSDAY EVENING, JULY 1 , 1976, 7:00 O' CLOCK P.M.
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1 . 'CALLCTO-vORDER(:= Mayor F. S. Schlather at 7:00 o'clock P.M.
2. QUORUM CHECK: Mayor F. S. Schlather.
Present:
Mayor F. S. Schlather
Alderman Fred Niemietz
Alderman Marsiin Kierum
Alderperson Marge Smith
Alderman Steven Dykes
Absent:
Mayor Pro Tem Edward Ling
City Secretary Linda N. Ling
3. INVOCATION: None.
4. MINUTES OF PREVIOUS CITY COUNCIL MEETING:
a . Regular City Council meeting minutes, July 17, were approved as
presented.
5. FINANCIAL REPORT: None.
6. OLD BUSINESS:
a . Mr. Howard Gaddis presented a plat of 'Town Creek West Subdivision" with
a request for variance-from the City's Subdivision Ordinance.(See copy
attached) . After discussion a motion was made by Fred Niemietz, seconded
by Marvin Kierum and passed unanimously to approve the plat with requested
variances .
b. Mr. Dale Wilson presented a request for a zoning change of his property
on Haeckerville Road from commercial to residential. The property is
.880 of an acre out of the William Bracken 65 Survey. The Council set a
public hearing on this request for July 15, 1976 at 6:00 P.M. A-motion
was--tadeGby-Fr-ed�-Niemietz and seconded by Marvin Kierum to pass Ordinance
No . 226 setting a time and a date for a public hearing on the proposed
rezoning of above mentioned property. Council voted unanimously.
c . The water rate increase requested by Schertz was discussed at length. The
mayor reported he had contacted Bennie Bock concerning this matter.
d. The problems with performance with the present contractor engaged in painting
j the water tower were discussed. Mr. Mullins is to be contacted again by Mayor .
i Schlather concerning this matter.
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e. Mayor Schlather reported there had been no further progress on the new water
contract with Green Valley Water Supply.
f . The Mayor reported on his recent efforts to proceed with the drilling of
our water well.
g. Chief Zwicke reported he had not yet compiled the list of street repairs
required as a result of sewer connections due to some citizens being out
of town.
h. The water and sewer deposit rate was discussed with no action taken..
7.'. NEW BUSINESS:
a . A motion was made by Marvin Kierum seconded by Fred Niemietz and passed
unanimously to pass Ordinance No . 227 appointing three citizens to the
Board of Equalization for the coming year. Stephen Dykes moved that each
member receive $5.00 pay for each Board Meeting. Fred Niemietz seconded the
motion. Motion passed unanimously.
b . The Tax Rate Ordinance was discussed but was tabled until further consideration
could be made.
c . A motion was made by Stephen Dykes seconded by Fred Niemietz and passed
unanimously to authorize the state to take legal action to collect de-
linquent sales taxes for the City of Cibolo .
d. A temporary permit was granted to Rusty Croxton to set a mobile home on
his property at sthe'.Circle._:KJSteakhouse"on FM 78.
8. ADJOURNMENT:
a. There being no further business the meeting.adjourned at 10:15 P.M.
F. S. S CHLATHER MAYOR
EINDA N. LING CI S CRETARY
iI
' HOWARD W. ILTADDIS CONSULTING ENGINEER
July 1 , 1976
Honorable Mayor and City Aldermen
The City of Cibol o
Cibolo, Texas 78108
Reference: Proposed "Town Creek West" Subdivision
Gentlemen:
On behalf of the Owners and Developers of "Town Creek West" subdivision,
we are herewith requesting a variance from the City' s Subdivision Ordinance
as it pertains to the proposed improvements for the above referenced proposed
subdivision.
The variance we are requesting is the width of the proposed streets. The
Owners propose to develop this property into a rural-type subdivision with
large acreage type lots. We wish to construct the streets without curbs and
with a pavement width of 18-feet (see attached).. It is felt that the con-
struction of 30 foot wide streets with curbs would damage the ascetics of
the area.
We are requesting the variance in accordance with Article VI, Paragraph 6.1 ,
of the Ordinance, a copy of which is attached.
Yours very truly,
Howard W. Gaddis, P.E.
HWG:b
4335 PIEDRAS WEST
LAMAR BUILDING, SUITE 100
SAN ANTONIO, TEXAS 78228
PHONE 733-9153
ARTICLE VI VARIANCES
6.1 Required Conditions:
The City Planning Commission may authorize a variance from
these Regulations when, in its opinion, undue hardship will
result from requiring strict compliance. In granting a variance,
the City Planning Commission shall prescribe only conditions
that it deems necessary to or desirable in the public interest.
In making the findings, the City Planning Commission shall take
into account the nature of the proposed. use of the land involved,
existing uses of land in the vicinity, the number of persons who
will reside or work in the proposed subdivision, and the probable
effect of such variance upon traffic conditions and upon the
public health, safety, convenience and welfare in the vicinity.-
No variance shall be granted unless the City Planning Commis-
sion finds:
A. That there are special circumstances or conditions affecting
the land involved such that the strict application of the
provisions of this ordinance would deprive the applicant of
the reasonable use of his land; or envoke unnecessary hard-
ship and
B. That the variance is necessary for the preservation and en-
joyment of a substantial property right of the applicant;
and
C. That the granting of the variance will not be detrimental
to the public health, safety or welfare, or injurious to
other property in the area; and
D. That the granting of the. variance will not have the effect
of preventing the orderly subdivision of other land in the
area in accordance with the provisions of this ordinance.
Such findings of the City Planning Commission, together
yr with the specific facts upon which such findings are based,
shall be incorporated into the official minutes of the City
Planning Commission meeting at which such variance is
granted. Variances may be granted only when in harmony
with the general purpose and intent of this ordinance so, that
the public health, safety and welfare may be secured and
substantial justice done. Pecuniary hardship to the subdivider,
standing alone, shall not be deemed to constitute undue hard-
ship.
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