Owner: Aricela Aguirre, Armando Aguirre
Applicant: Edgar Munoz, Urbane Engineer

The applicant is requesting to replat approximately 0.75 acres of land in order to establish one lot. The site is currently undeveloped and consists of Block 1, Lots 10, 11, and 12 of the Sam B Lifshutz Subdivision No. 9. The proposed replat will combine the existing three lots and establish Block 1, Lot 49 of the subdivision. 

The subject property is currently zoned General Business District (GB). The applicant is seeking approval of a waiver to UDC Article 15, Easements and Utilities, Section 21.15.3.A: Wastewater Systems - Wastewater Connection Required and Section 21.15.2.D: Water Systems - Extension of Lines. The property is located dually within the San Antonio River Authority Sewer CCN and the Schertz Sewer CCN. 

The site is an undeveloped lot located approximately 750 feet east of the intersection of Pfeil Road and IH-10. The applicant is requesting a waiver to UDC Article 15, Easements and Utilities, Section 21.15.3.A: Wastewater Systems - Wastewater Connection Required and Section 21.15.2.D: Water Systems - Extension of Lines to instead install an on-site septic facility (OSSF).

The applicant is seeking approval of a waiver to the Unified Development Code Section 21.15.3: Wastewater Systems on their property zoned General Business District (GB) and connect to a privately owned on-site sewer facility (OSSF). In accordance with UDC Article 15, Easements and Utilities, Section 21.15.3.A: Wastewater Systems - Wastewater Connection Required and Section 21.15.2.D: Water Systems - Extension of Lines, all lots within a subdivision are required to extend across the property frontage and to connect to public sanitary sewer systems unless otherwise approved by the City.

Based on the requirements of the UDC, not connecting to a public sanitary sewer system, not extending a wastewater line across the frontage of the property, and installation of an on-site sewer facility (OSSF) requires a waiver to be granted by the Planning and Zoning Commission as detailed in UDC Section 21.12.5: Waivers.

City of Schertz Engineering has conducted a review of the waiver and recommends approval of the request as the closest possible sewer connection is from a SARA CCN main across IH-10 located approximately 2,000 feet from this property. The proposed platting is laid-out in a manner to provide for future connection to a public sanitary sewer system. Once public infrastructure has been extended to the area to provide sanitary sewer service, the subdivision will be required to connect to the sewer system in accordance with Section 90-78 of the Code of Ordinances. 

Planning Department Recommendation
X	Approve as submitted
	Approve with conditions*
	Denial

* While the Commission can impose conditions; conditions should only be imposed to meet requirements of the UDC.

Section 21.12.15- Waivers:A. General. The Planning and Zoning Commission may authorize waivers from the provisions of this Article when, in its opinion, undue hardship will result from requiring strict compliance. In granting a waiver, the Planning and Zoning Commission shall prescribe only conditions that it deems necessary or desirable to the public interest. In making their findings, the Planning and Zoning Commission shall take into account the nature of the proposed use of the land involved and 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 waivers upon traffic conditions and upon the public health, safety, convenience, and welfare in the vicinity. Waivers shall not be granted unless the Planning and Zoning Commission finds:
1. That granting of the waiver will not be detrimental to the public health, safety, or welfare, or injurious to other property in the area; and
2. That the granting of the waiver will not have effect of preventing the orderly subdivision of land in the area in accordance with the provisions of this UDC. Such findings of the Planning and Zoning Commission, together with the specified facts upon which such findings are based, shall be incorporated into the official minutes of the Planning and Zoning Commission meeting at which the waiver is granted. Waivers may be granted only when in harmony with the general purpose and intent of this UDC so that the public health, safety, and welfare may be secured and justice done.
B. The Planning and Zoning Commission may establish a time period for execution of each granted waiver.
C. Such findings together with the specific facts on which such findings are based shall be incorporated into the official minutes of the Planning and Zoning Commission meeting at which such exception is granted.
D. Planning and Zoning Commission shall not authorize a waiver that would constitute a violation of a valid law, ordinance, code or regulation of the City.
E. Any decision of the Planning and Zoning Commission regarding waivers to the provisions of this Article may be appealed to the City Council. When considering an appeal, the City Council shall consider the same standards as the Planning and Zoning Commission as outlined above.