HomeMy WebLinkAboutMinutes - Board of Adjustment - 06/26/2024 - RegularMINUTES
CITY OF THE COLONY
BOARD OF ADJUSTMENT MEETING
WEDNESDAY, JUNE 26, 2024
After determining that a quorum was present, the Board of Adjustment of the City of The Colony,
Texas convened into Special Session, which was held on Wednesday, June 26, 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, Victor Williams,
and Angel DeLory
Board Members Absent: None
Staff Present: Isaac Williams, Planning Director; Keyl Groff, Senior Planner; Ed Voss,
Attorney; Dan Rainey, City Council; Brian Wade, City Council; Allisen Ducay, Planner; and
Ana Alvarado, Planning Technician
1.0 1 CALL SPECIAL SESSION TO ORDER
Chair Yahwak called the Special 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 March 20, 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 (5-0).
Board went into Executive Session at 6:32 pm.
Board opened special session of the Board of Adjustment at 6:48 pm.
3.0
PUBLIC HEARING ITEMS
3.1
BOA24-0001— 4252 Caldwell Ave — Administrative Appeal
Conduct a public hearing, discuss and consider, an appeal to the Board of Adjustment
regarding an interpretation of Section 4-101 that a proposed rear entry driveway, on a lot
where front entry driveway is provided is "inharmonious" and "inconsistent" to the
neighborhood. The subject site is located at 4252 Caldwell Ave within the Single Family
4 (SF-4) Zoning District.
Chair Yahwak read Public Hearing Item 3.1 into record.
Mr. Groff presented the staff report.
Member Williams asked for clarification if there are any more rear entry driveways on the same
block.
Staff responded that on the Caldwell block, there are thirty homes and out of that one has a rear
entry access on the corner. It was approved through a building permit, however, if this would
City of The Colony
June 26, 2024
Board of Adjustment
Page 2 of 3
come in today under the ordinance it would not be allowed and therefore not approved because it
does not meet the engineering design manual. Staff looked at the subdivision as a whole. There
are 167 front loaded single-family homes and out of that nine rear entry driveways were found,
some permitted and other without permit. Presently those would not be permitted.
Chair 4wak asked for clarification on where the misunderstanding was between the City and
the applicant.
Staff responded that a permit was submitted to the City. Planning reviewed the permit,
determined that a rear entry would be inharmonious with the neighborhood, and recommended
denial. Engineering made comments that additional things would need to be done to comply with
engineering standards. Comments were sent to the Applicant with information on how to appeal
the decision from Planning. The Applicant chose to appeal to the Board and request that approval
of the rear entry driveway.
Member Byers asked if the City has standards for alleys and rear entry driveways.
Staff responded that not really [for zoning], the City has many rear entry driveway
neighborhoods that were designed to meet the engineering design manual at the time, ensuring
there are drive angles and visibility as you go in and out of the driveway. The alley in question is
about sixteen feet wide, a little narrow but not completely uncommon.
Public hearing was opened at 7:00 pm.
Ms. Citlally Reyes, owner of 4252 Caldwell spoke to allow the concrete in the backyard since it
was their intent since getting a fence gate approved by permit to include a concrete pad to park
the second vehicle to ensure the safety of the vehicle and to avoid any mud issues when rain
comes.
Member Byers asked for confirmation that vehicles are currently being parked in the backyard.
Ms. Reyes responded that vehicles are being parked there through the gate on the grass.
Chair 4wak asked if the front entry driveway is wide enough to allow both vehicles in the
front and if street parking is available.
Ms. Reyes responded that the driveway is not wide enough and they do have street parking
available.
Public hearing was closed at 7:04 pm.
Member Williams made a motion to deny the appeal, seconded by Member DeLory. The
motion carried (5-0).
City of The Colony
June 26, 2024
Board of Adjustment
Page 3 of 3
BOA24-0003 — 4916 Avery Place — Administrative Appeal
3.2 Conduct a public hearing, discuss and consider, an appeal to the Board of Adjustment
regarding an interpretation by the Building Official in accordance with The Colony Code
of Ordinances, Section 21-103, regarding the classification and placement of an
"independent house trailer/ recreation vehicle." The subject site is located at 4916 Avery
Place within the Single -Family 4 SF-4 Zoning District.
Chair Yahwak read Public Hearing Item 3.2 into record.
Mr. Williams reported that the Applicant for this item, requested that it be postponed until the
next Board of Adjustment meeting on July 17, 2024.
Chair Yahwak opened the public hearing at 7:08 pm.
Member Byers made a motion to postpone item 3.2 until the July 1711 Board of Adjustment
meeting, seconded by Member Potts. The motion carried (5-0).
There being no further business to come before the Board, Chair Yahwak adjourned the Special
Session of the Board of Adjustment at 7:09 p.m.
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