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HomeMy WebLinkAboutMinutes - Board of Adjustment - 10/18/2023 - RegularMINUTES CITY OF THE COLONY BOARD OF ADJUSTMENT MEETING WEDNESDAY, OCTOBER 18, 2023 After determining that a quorum was present, the Board of Adjustment of the City of The Colony, Texas convened into Regular Session which was held on Wednesday, October 18, 2023 at 6:30 p.m. in the City Council Chambers located at City Hall, 6800 Main Street, The Colony, Texas, at which time the following items were addressed: Board Members Present: Constance Yahwak, Chairman; Dean Byers, Michelle Potts, Victor Williams, and Angel DeLory Board Members Absent: None Staff Present: Isaac Williams, Planning Director; Ana Alvarado, Planning Technician; Ed Voss, Attorney; Joel Marks, City Council 1 1.0 1 CALL REGULAR SESSION TO ORDER I Chair Yahwak called the Regular Session of the Board of Adjustment meeting to order at 6:30 p.m. 2.0 1 CONSENT AGENDA 2.1 1 Consider approval of the minutes o December 21, 2022 Regular Session. Chair Yahwak read Consent Agenda Item 2.1 into record. Member Byers made a motion to approve Consent Agenda Item 2.1, seconded by Member Potts. The motion carried (5-0). 3.0 PUBLIC HEARING ITEMS 3.1 BOA23-0002 — 4828 Garvin Drive — Garage Requirement Conduct a public hearing, discuss and consider a variance to Section 13-101(f) [Vehicle Parking -Generally] to allow conversion of a garage where an enclosed, attached or detached garage of not less than 440 square feet in floor area and with a minimum width of 20 feet shall be required for all single-family dwelling uses. The subject site is located at 4828 Garvin Drive within the Single -Family 4 Zoning District. Chair Yahwak read Public Hearing Item 3.1 into record. Mr. Williams presented the staff report. Member Williams asked for clarification if this single family home is a rental or owner occupied and if there are any intentions to make it a short teen rental. Staff responded that it is owner occupied and no intention to make it a short term rental. Member Potts asked for clarification on the exterior fagade changes. City of The Colony October 18, 2023 Board of Adjustment Page 2 of 4 Staff responded that all alternations will be made to the interior of the home. No exterior fagade changes will occur. Member Williams asked if the garage door will remain. Staff responded that the garage door will remain. Chair Yahwak asked how many houses in the area had already converted their garages. Staff responded that based on a field visit about two had been converted from a street observation. Member DeLoty asked if there was noticiable conjestion around those homes with converted garages. Staff responded that the site visit was done in the middle of the day and probably would not be the best indication since people are typically at work, but no significant traffic issue was noticed with the converted garages. Member Potts asked if there will still be parking off the street for this home. Staff responded that they will have the driveway still available. Public hearing was opened at 6:42 pm. Ms. Evelyn Baskin, representative of the applicant, spoke in favor of the request. She highlighted that this is a partial renovation of the garage to construct a medical bedroom for Baby Luca. Mrs. Dee Broumley, owner of the property spoke in favor of the request and to clarify the traffic on the street. Member DeLory, asked what is the long term intent for the Broumleys in the home. Mr. Broumley, responded that this is their retirement home and plan to stay there for many years. Mrs. Jennifer Garst, spoke in favor of the request due to accessibility for when emergency response has to be called to enter the house to take Baby Luca to the hospital. Mrs. Broumley, spoke about making this home the primary home for her daughter and her children since when Baby Luca has to go to the hospital she stays back to watch over the other two brothers and with one being autistic it gives him a more stable place to live. Mr. Hayden Vanderiet, spoke in favor of this request. City of The Colony October 18, 2023 Board of Adjustment Page 3 of 4 Public hearing was closed at 6:52 pm. Member Williams made a motion to approve Public Hearing Item 3.1, seconded by Member Potts. The motion carried (5-0). 3.2 BOA23-0004- State Farm Office Building Parking Conduct a public hearing, discuss and consider a variance to Section 13-108 [Minimum Required Off -Street Parking] to allow 25 parking spaces where 29 are required for an approximately 7,137 square -foot, two-story office building within Lot 4R, Block 1, in the Murchison Addition. The subject site contains approximately 0.4787 acres, and is located at 4654 South Colony Blvd within the Shopping Center Zoning District and the Gateway Overlay District. Chair Yahwak read Public Hearing Item 3.2 into record. Mr. Williams presented the staff report. Chair Yahwak asked for clarification if staff does not see any hardship with eliminating four parking spaces. Staff responded that none is anticipated. Member Williams asked how many handicapped spaces will be provided. Staff responded that two handicapped spaces will be provided. Public hearing was opened at 7:04 pm. Mr. Kyle Whitis with Strand Engineering, representing the applicant, spoke in favor of the request. Mr. Whitis responded that most of the employees work remotely and about 5 clients go to the office per week. Heavy traffic is not anticipated and work hours are Monday -Friday 9am to Spin. Parking area will be available for overage parking from the Super Mercado on the weekends. Mr. Williams asked for clarification on the size of the building and only have five employees. Mr. Whitis responded that the building is two stories, 7,137 square feet and it is anticipated to have about five clients a week. The office spaces are large to provide privacy for the clients and it is anticipated as time passes for the business to grow into the entire building. Public hearing was closed at 7:08 pm. Member Byers made a motion to approve Public Hearing Item 3.2, seconded by Member DeLory. The motion carried (5-0). City of The Colony October 18, 2023 Board of Adjustment Page 4 of 4 There being no fin-ther business to come before the Board, Madam Chair Yahwak adjourned the Regular Session of the Board of Adjustment at 7:10 p.m. Constance Yahwak hai Is c Williams, Planning Director