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HomeMy WebLinkAboutMinutes - Board of Adjustment - 03/20/2024 - RegularMINUTES CITY OF THE COLONY BOARD OF ADJUSTMENT MEETING WEDNESDAY, MARCH 20, 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, March 20, 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, Michelle Potts, Dean Byers, and Angel DeLory Board Members Absent: Victor Williams Staff Present: Isaac Williams, Planning Director; Keyl Groff, Senior Planner; Ed Voss, Attorney; Dan Rainey, City Council; and Ana Alvarado, Planning Technician 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 January 17, 2024 Regular Session. Chair Yahwak read Consent Agenda Item 2.1 into record. Member Potts made a motion to approve Consent Agenda Item 2.1, seconded by Member Byers. The motion carried (4-0). 3.0 PUBLIC HEARING ITEMS 3.1 SE23-0004 — 5404 Merrell Circle— Detached Garage Height, Side Yard Conduct a public hearing, discuss, and consider a request for 1) a Special Exception to Section IOB-100 of the Zoning Ordinance to allow a proposed detached garage at a height of seventeen (17) feet, four (4) and three-quarter inches where sixteen (16) feet is the maximum height; and 2) a variance to 1 OB-400 (b) to permit a detached garage to occupy space in the side yard. The subject site is located at 5404 Merrell Circle within the Single Family I (SF-1) Zoning District. Chair Yahwak read Public Hearing Item 3.1 into record. Mr. Groff presented the staff report. Board Member DeLory asked for clarification if the neighbors that signed the support letter are adjacent to the property. Staff responded that most of the adjacent neighbors but not all, however, notifications were sent to all adjacent neighbors within 200 feet and staff did not receive any feedback for or against the proposed project. Chair Yahwak asked for clarification on the grade of the property were the new building will be placed. City of The Colony March 20, 2024 Board of Adjustment Page 2 of 3 Staff responded that there is a difference in grade about a foot and a half. From the street it may look like the house and detached garage are the same height. Board Member Byers asked if there are comparable buildings and properties nearby. Staff responded that they did find several accessory detached garages, many not built with a City permit. Board Member DeLory asked if the other detached garages are higher then the allowed by the ordinance. Staff responded that yes there are other detached garages larger then the allowed height that may have been built without following city processes or being heard before the board. Board Member Potts asked for clarification on the Oncor line. Staff responded that the applicant provided an exhibit that shows where the Oncor lines are within his property that would limit the location of the detached garage. Board Member Potts asked if the location of the detached garage hampers access for emergency responders. Staff responded that the Development Review Committee did not find any issues with access. Chair Yahwak opened the public hearing at 6:50 pm. Mr. Jonathan Sprague, owner of the property at 5404 Merrell Circle, spoke in regards to the hardships that are present for his project. Mr. Sprague spoke about having a bad contractor that build the structure too large and did not acquire the proper City permits and the location of Oncor lines that limit the possible location of the detached garage. Chair Yahwak asked for clarification on the purpose of the detached garage. Mr. Sprague responded that it will be used to store a boat. The detached garage has already been delivered at the property and to get it re -engineered will be costly. Chair Yahwak asked what the cost and timeframe would be to get the Oncor line moved. Mr. Sprague responded that it would cost about $3,500 and would take 6-12 months to get the line moved. Board Member DeLory asked if the applicant would wait until the Oncor line was moved where would the boat go for now. City of The Colony March 20, 2024 Board of Adjustment Page 3 of 3 Mr. Sprague responded that he is paying for storage of the boat at a different location. Mr. Wayne Proctor, owner of 5400 Merrell Lane, spoke in favor of the variances for the detached garage. Mr. Paul Meyer, owner of 4908 Merrell Lane, spoke in favor of the variances for the detached garage. Ms. Thelva Balkus, owner of 5405 Merrell Circle, spoke in favor of the variances for the detached garage. Mr. Michael Staab, owner of 5405 Blair Oaks Drive, spoke in favor of the variances for the detached garage. Ms. Denise Focht, owner of 5401 Merrell Circle, spoke in favor of the variances for the detached garage. Chair Yahwak closed the public hearing at 7:05 p.m. Board went into Executive Session at 7:05pm. Board opened regular session of the Board of Adjustment at 7:22 pm. Member Byers made a motion to approve the special exception to allow for 1.) a Special Exception to Section IOB-100 of the Zoning Ordinance to allow a proposed detached garage at a height of seventeen (17) feet, four (4) and three-quarter inches where sixteen (16) feet is the maximum height, seconded by Member DeLory. The motion carried (4-0). Member Byers made a motion to approve the special exception to allow for 2.) a variance to 1OB-400 (b) to permit a detached garage to occupy space 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 7:32 p.m. No Text