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HomeMy WebLinkAboutMinutes - City Council - 07/17/2024 - RegularMINUTES CITY OF THE COLONY BOARD OF ADJUSTMENT MEETING WEDNESDAY, JULY 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, July 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, Michelle Potts, Dean Byers, Angel DeLory, and Victor Williams arrived at 6:35pm Board Members Absent: None Staff Present: Isaac Williams, Planning Director; Jeromy Paige, Attorney; Dan Rainey, City Council; Allisen Ducay, Planner; Joe Acevedo, Community Image; James Chumley, Chief Building Official; and Ana Alvarado, Planning Technician 1.0 I CALL REGULAR SESSION TO ORDER Chair Yahwak called the Regular Session of the Board of Adjustment meeting to order at 6:31 p.m. 2.0 CONSENT AGENDA 2.1 Consider approval of the minutes of .Tune 26, 2024 Special Session. Chair Yahwak read Consent Agenda Item 2.1 into record. Member Byers made a motion to approve Consent Agenda Item 2.1 with the proposed revisions made by Chair Yahwak, seconded by Member Potts. The motion carried (4-0). 3.0 PUBLIC HEARING ITEMS 3.1 BOA24-0002 — 4909 Brandenburg Lane — Lot Coverage Conduct a public hearing, discuss and consider a special exception to Section 1OB-100 (e) (2) [Regulations and Design Guidelines for Accessory Structures] to allow lot coverage of 43% where 40% is the maximum lot coverage for principal and accessory structures in the SF-4 zoning district. The subject site is located at 4909 Brandenburg Lane within the Single Family 4 (SF-4) Zoning District. Chair Yahwak read Public Hearing Item 3.1 into record. Ms. Ducay presented the staff report. Member Williams asked for clarification on the height of the accessory structure. Staff responded that the height is eleven feet. Member Byers asked if the layout of the site is to scale as shown in the staff report. Staff responded that yes the structures are to scale. City of The Colony July 17, 2024 Board of Adjustment Page 2 of 5 Member Byers asked if the height of the new structure is consistent with the accessory structures in the neighborhood. Staff responded that the new structure is consistent with existing structures. Chair Yahwak asked if there would be a concrete slab leading to the new accessory structure. Staff responded that the new accessory structure will sit on a concrete foundation and will not extend from there. Chair Yahwak asked how many of the additional accessory structures on Brandenburg Lane went through the special exception process. Staff responded that of the thirteen structures found on Brandenburg Lane none of them do so in accordance with the Zoning Ordinance. Member DeLory asked what is happening with the six-foot setback whether there are easements in that setback. Staff responded that it was asked of the applicant to pull the structure further in to establish the six-foot setback. Public hearing was opened at 6:44 pm. Mr. Richard Mason, owner of 4909 Brandenburg Lane, spoke about moving a gas line behind his property to be able to place the new accessory structure in the rear yard. The intent of the applicant is to construct the new accessory structure to be able to park another vehicle in a garage since there are issues of available street parking, vandalism, and safety. Member Williams asked about the cost of moving the gas line. Mr. Mason responded that it cost $8,500 to move the gas line. Chair Yahwak asked how many vehicles the applicant owns and if the garage is utilized for parking. Mr. Mason responded that they have four vehicles total and two are parked in the existing garage. There is a fire hydrant in the front of the property that also affects the available parking. Mr. Mason responded to Chair Yahwak's concern about the concrete leading to the new accessory structure by saying they can do pavers or concrete to the new building. Mr. Mason mentioned that he did get signatures from his neighbors supporting the new accessory structure on his property. City of The Colony July 17, 2024 Board of Adjustment Page 3 of 5 Public hearing was closed at 6:50 pm. Member Williams made a motion to approve Public Hearing Item 3.1, seconded by Member DeLory. The motion carried (5-0). CONTINUED: 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. Board went into Executive Session at 6:53 pm. Board opened regular session of the Board of Adjustment at 7:16 pm. Mr. Williams and Mr. Chumley presented the staff report. Mr. Paige, attorney, spoke in agreement with staff s determination that the structure is not a recreation vehicle but a dwelling unit that is not permitted as an accessory use nor would two dwelling units be allowed on this property. Mr. Paige also mentioned that the backup material provided by the applicant that states that this is a travel trailer, this is not considered a travel trailer due to the measurements of the structure being greater than eight and a half feet nor is it something that can be used for temporary camping, travel, or seasonal recreational uses instead this is a dwelling unit. Public hearing remains opened since the Board of Adjustment opened it on June 26, 2024. Mr. Chris Mihalicz, owner of 4916 Avery Place, spoke regarding the definition of an independent house trailer, which he stated includes a recreational trailer, Chapter 12 Section 6 of the Code of Ordinances. Mr. Mihalicz's interpretation of the independent house trailer led him to believe he is allowed to have such structure on his property as long as no one stays in it for more than fourteen nights per year and is on a proper platform and is inspected properly. It was Mr. Mihalicz's interpretation that the Texas Department of Licensing and Registration regulates RV classification and they set the guidelines that this trailer meets. The trailer was approved by the DMV. Mr. Mihalicz referenced the definition of a dwelling unit as per the City's ordinance Appendix A Section 25 was introduced in 1981 and the new definition of an independent house trailer with exceptions was placed in 2010. His interpretation is that the language regarding a dwelling unit should not supersede the newer definition of an independent house trailer. Chair Yahwak asked for the height of the structure. City of The Colony July 17, 2024 Board of Adjustment Page 4 of 5 Mr. Mihalicz responded that it is eleven feet tall. Member Williams asked of the attorney clarification on independent house trailer. Mr. Paige responded that an independent house trailer is defined as a trailer that has approved sewer and water connections to accommodate a toilet, shower, and a lavatory or sink within the unit. Not all -independent house trailers are considered recreational vehicles. The ordinance specifically calls out folding camping trailers, travel trailers and motorhomes. The structure in question does not fit within any of those three and that is why staff does not classify this structure as a recreational vehicle and is not allowed on the site. Mr. Mihalicz interjected to include that the definition of a recreational vehicle in the ordinance does mention "included but not limited to," when it goes to name the three types of examples. Member DeLory asked for clarification on how often the owners take the trailer camping. Mr. Mihalicz responded saying that they do not take it camping. Their intention is to move it once when they buy land and place this structure on the land for when they go camping there. The structure as stated by Mr. Mihalicz is not designed to be moved frequently however the frequency of movement of the trailer is not part of the criteria from the Texas Department of Licensing and Registration. The trailer is a Class S trailer as classified on the title. Member Williams asked how long the trailer has been on the property and if there is an intention to rent it out through Airbnb. Mr. Mihalicz responded that it has been on the property for about one year and there is no intention to rent it out. Member Potts asked for clarification on whether the title was for an empty trailer or for the entire house structure. Mr. Mihalicz responded that it was for the entire structure. The structure was sold to them as an RV from Recreational Resorts and Cottages in Rockwall. It was bought as in under the guidance of the store that if the City in which you live allow recreational vehicles then this would be allowed to be parked on their property. Mr. Bill and Mrs. Allice Gough, owners of 5152 S. Colony Blvd, 5156 S. Colony Blvd, and 5160 S. Colony Blvd, spoke in support of the house trailer remaining on the property. Member Potts asked if the housing trailer has any utilities hook-ups to it. Mr. Mihalicz responded that he did run utilities to the trailer, which putting in an application for a permit to run utilities is what sparked the City to look into the project more in depth. He also City of The Colony July 17, 2024 Board of Adjustment Page 5 of 5 mentioned that he had started other projects on his property that the City told him he could not do without a permit. Member Williams asked if the applicant had a permit to move in the trailer originally. Mr. Mihalicz responded that he did not have a permit to move it onto his property. Chair Yahwak asked what is the timeframe to move the structure to the land the applicant intends to buy. Mr. Mihalicz responded that it's about a year or as long as it takes to generate the wealth to buy the acreage property. Public hearing was closed at 7:46 pm. Member Delory made a motion to deny the appeal request Public Hearing Item 3.2 on the grounds that the house trailer/recreational vehicle located in the rear of 4916 Avery Place violates the ordinance in Sections 11-101, 11-300, and 10B because a house trailer/recreational vehicle is a dwelling unit as defined in Section 25-100 of the Zoning Ordinance and Chapter 2 of the 2018 Edition of the International Residential Code adopted by the City and the Chief Building Official's determination of the secondary dwelling unit violates permitted land use of the property and violates Zoning Ordinance 11-101, 11-300 and 10B. The house trailer/recreational vehicle would need to be removed from the property, seconded by Member Byers. The motion carried (5-0). There being no further business to come before the Board, Chair Yahwak adjourned the Regular Session of the Board of Adjustment at 7:49 p.m. No Text