HomeMy WebLinkAboutMinutes - Board of Adjustment - 01/17/2024 - RegularMINUTES
CITY OF THE COLONY
BOARD OF ADJUSTMENT MEETING
WEDNESDAY, JANUARY 17, 2024
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, January 17, 2024 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; Michelle Potts, Victor Williams, and
Angel DeLory
Board Members Absent: Dean Byers
Staff Present: Isaac Williams, Planning Director; Keyl Groff, Senior Planner; Ed Voss,
Attorney
1.0 1 CALL REGULAR SESSION TO ORDER
Chair Yahwak called the Regular Session of the Board of Adjustment meeting to order at 6:32
p.m.
2.0
1 CONSENT AGENDA
2.1
1 Consider approval of the minutes of October 18, 2023 Regular Session.
Chair Yahwak read Consent Agenda Item 2.1 into record.
Member Williams made a motion to approve Consent Agenda Item 2.1, seconded by
Member DeLory. The motion carried (4-0).
3.0
PUBLIC HEARING ITEMS
3.1
SE23-0003 — 4812 Strickland Ave — Carport
Conduct a public hearing, discuss, and consider a request for 1) a Special Exception to
Section 1OB-100 of the Zoning Ordinance to allow a proposed carport containing
dimensions of fifty-four (54) feet by fourteen (14) feet, six (6) inches where twenty-four
(24) feet is the longest dimension permitted for a carport and 2) a Variance to 1OB-400
(b) to allow a carport at one (1) foot, four (4) inches where nine (9) feet is required in the
side yard. The subject site is located at 4812 Strickland Avenue within the Single Family
1 (SF-1) Zoning District.
Chair Yahwak read Public Hearing Item 3.1 into record.
Mr. Groff presented the staff report.
Member Williams asked if there was access to the rear of the property if there was a fire.
Staff indicated the Building and Fire [Marshal's] Office reviewed the applicants request and had
no comment regarding lack of access. Staff showed the location of the proposed structure and
how access was provided.
City of The Colony
January 17, 2024
Board of Adjustment
Page 2 of 3
Member Williams asked which neighbor provided a letter of support for the proposed.
Staff answered the neighbor adjacent to the structure to the east.
Chair Yahwak opened the public hearing at 6:49 pm.
Barry Miller of 4812 Strickland Ave, discussed how the wind damage of the marina was not at
his hand, and was unable to find alternative storage spaces, which were secured. Mr. Miller
continued to outline the constraints of the house layout on the property and the most appropriate
location for the boat due to the location of the home. Mr. Miller indicated the building
department information sheets outlined only a three (3) feet setback was required.
Staff clarified that the three foot requirement refers to the rear property line. Location of the
structure within the side yard is not permitted.
Mr. Miller spoke about the need to remove equipment from the boat in an open storage situation,
where at the marina access is over water and more complicated to retrieve the equipment
Member DeLory asked the applicant how long the affected neighbor had lived in the home.
Mr. Miller replied that he moved in 1988, and the neighbors were there before them.
Mr. Miller also stated the fifty-four foot long structure was required because staff would not
permit a three separate seventeen -foot long carports that was against the intent of the ordinance.
Chair Yahwak asked how long the boat was at the marina.
Mr. Miller answered since 2013. There was a twenty-four month wait.
Member Williams indicated he observed the marina had suffered damage
Member DeLory asked if the neighbors had any intentions of moving, and her concerns are of an
eyesore that continues beyond the neighbors intent to staying.
Mr. Miller responded the neighbors were presently building a garage. He will paint it the color of
the house and people from the street and behind the property will see a view directly through the
carport. It would be less objectionable than the steel building.
Chair Yahwak closed the public hearing at 7:00 p.m.
Member Williams made a motion to approve the special exception to allow a (1) fifty-four
(54) feet by fourteen (14) feet, six (6) inches carport and 2) a Variance to 1OB-400 (b) to
City of The Colony
January 17, 2024
Board of Adjustment
Page 3 of 3
allow a carport at one (1) foot, four (4) inches where nine (9) feet is required in the side
yard, seconded by Member Potts. The motion carried (4-0).
There being no further business to come before the Board, Chair Yahwak adjourned the Regular
Session of the Board of Adjustment at 7:03 p.m.
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7 u C C
Constance Yah ak, Chai an
Isa c Williams, Planning Director
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