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HomeMy WebLinkAbout1984 BOAMINUTES OF THE BOARD OF ADJUSTMENT & APPEALS OF THE CITY OF THE COLONY HELD ON March 14, 1984 A REGULAR SESSION of the Board of Adjustment & Appeals of the City of The Colony, Texas, was called to order at 7:30 p.m. with the following members present: Roosevelt Johnson Chairman Gene Poole Member Eric Stanton Member Russ Stoffregen Member Donald Haines Member and with Member Michael Leddy absent due to personal business; however, a quorum was established. 1. APPROVAL OF MINUTES This item was tabled due to the previous minutes failing to appear in the agenda packets. They will be included in the next scheduled meeting packet. 2. PUBLIC HEARING UPON THE REQUEST OF GLENN E. HENDERSON, 5209 REED DRIVE, TO INSTALL A FENCE LESS THAN FIVE (5) FEET FROM THE LOCATION OF THE PROPSED INTERSECT OF THE ALLEY AND DRIVEWAY OF HIS PROPERTY LINE, WHICH IS A VARIANCE FROM ORDINANCE #38 Member Poole moved to open this public hearing. Seconded by Member Haines, the motion passed with the following roll call vote: Ayes: All members present voted aye Noes: None Chairman Johnson recognized Mr. Henderson to explain, in his own words, this variance request. He stated that he is aware that he inadvertently made a mistake when he set his fence posts. He said he is asking for the variance because of the high cost to buy new posts and reset them. He felt there were other fences on his alley erected at about the same distance from the alley as his. Mr. Bradbury, Director of Inspections, stated there are other fences on Mr. Henderson's alley as close to the alley as his; however, they were erected before Ordinance #38 was passed. After a brief discussion, Member Stoffregen moved to close the public hearing. Seconded by Member Stanton, the motion passed with the following roll call vote: Ayes: All members present voted aye Noes: None Chairman Johnson reviewed aloud the information received from Mr. Henderson with his variance request. Member Poole reminded everyone that variances are for hardships not to correct peoples mistakes. Member Haines said that Mr. Henderson failed to conform with his own renderings that were submitted in order to receive his building permit. He went on to had that Mr. Henderson was aware of the Ordinance regulations at that time and that it is his responsibility to correct his mistakes. Member Stanton moved to deny the variance. Seconded by Member Poole, the motion passed with the following roll call vote: Ayes: All members present voted aye Noes: None 3. PUBLIC HEARING UPON THE REQUEST OF KENNETH W. DORSEY, 5029 BRANDENBURG, TO HAVE THE BOARD APPROVE THE STRUCTURE TO SUPPORT THE DRIVEWAY GATE WHICH IS OVER EIGHT (8) FEET TALL, WHICH IS NOT IN ACCORDANCE WITH ORDINANCE #38 Member Haines moved to open this public hearing and to act on this in the absence of Mr. Dorsey. Seconded by Member Stanton, the motion passed with.the following roll call vote: Ayes: All members present voted aye Noes: None Chairman Johnson reviewed aloud all the information sub- mitted by Mr. Dorsey as well as Mr. Bradbury's comments on same. Member Stoffregen stated he had no problems withthe structure as it now stands. Member Haines asked if shorter poles would be safer.. Mr. Bradbury said the poles were just support for the guide wires holding the gate up and felt this was the most efficient way to do SO. Member Haines added that there must be some other way to support the gate. After a brief discussion, Member Poole moved to deny this request. Seconded by Member Stanton, the motion died with the following roll call vote: Member Poole aye Member Stanton aye Member Stoffregen no Member Haines no Chairman Johnson abstain Member Stoffregen then moved to approve the variance. Seconded by Member Haines, this motion died as well with the following roll call vote: Member Poole no Member Stanton no Member Stoffregen aye Member Haines aye .Chairman Johnson abstain 4. PUBLIC HEARING UPON THE REQUEST OF GREG LANDIG, 4630 JENKINS CIRCLE, TO INSTALL A CARPORT LESS THAN SEVEN and one half (72) FEET FROM ITS INTERSECTION WITH THE ALLEYWAY, WHICH IS NOT IN ACCORDANCE WITH THE CITY ZONIGN REGULATIONS Member Haines moved to open the public hearing. Seconded by Member Poole, the motion passed with the following roll call vote: Ayes: All members present voted aye Noes: None Chairman Johnson read aloud Mr. Landigs request. He then recognized Mr. Landig and asked him to explain, in his own words, this variance request. He stated he would incur a tremendous expense to move the fence and then extend his parking pad. He went on to say the overhang of the proposed carport would be one foot behind his existing fence. He added the carport would enhance his property value. After a brief discussion, Member Stanton moved to close this public hearing. Seconded by Member Stoffregen, the motion passed with the following roll call vote: Ayes: All members present voted aye Noes: None Member Haines stated this carport would not block any right of way as long as it was behind his existing fence line, which is in compliance with City Ordinance. After a brief discussion, Member Haines moved to approve this variance request. Seconded by Member Stoffregen, the motion passed with the following roll call vote: F1 Chairman Johnson aye Member Poole aye Member Stanton abstain Member Stoffregen aye Member Haines aye 5. PUBLIC HEARING UPON THE REQUEST OF JOHN D. McKENNAN, 5301 RICE DRIVE, TO BUILD AN ADDITION TO HIS HOME THAT WILL BE LESS THAN TEN (10) FEET FROM THE SIDE YEAR PROPERTY LINE, WHICH IS NOT IN ACCORDANCE WITH THE CITY'S ZONING REGULATIONS Member Stoffregen moved to open this public hearing. Seconded by Member Poole, the motion passed with the following roll call vote: Ayes: All members present voted aye Noes: None Chairman Johnson read aloud Mr. McKennan's variance request. He then recognized him to explain, in his own words, his request. Mr. McKennan said he wanted to build a family room and dining area on to his home. He pointed out that he lives on a large corner lot adjacent to the TP & L easement. Member Haines expressed concern over whether or not the would be any interference with any right of way. Mr. Bradbury indicated the proposed structure, when complete would still be 100 feet from the easement and would not conflict with any right of way. As a matter of fact, would still be within his fence line. Chairman Johnson asked Mr. McKennan what he expected to accomplish with this variance. His answer was that he wants his dining room to be 8 feet wide rather than 4 feet. Member Stoffregen moved to close the public hearing. Seconded by Member Poole, the motion passed with the following roll call vote: Ayes: All members present voted aye Noes: None After a brief discussion, Member Stanton moved to approve this variance request. Seconded by Member Haines, the motion passed with the following roll call vote: Ayes: All members present voted aye Noes: None With no further action to be taken by the Board at this time, Member Poole moved to adjourn the meeting. Seconded by Member Stanton,the motion passed with the following roll call vote: Ayes: All members present voted aye Noes: None Chairman Johnson adjourned the a Attest: Jan add, City Secretary MINUTES OF THE BOARD OF ADJUSTMENTS & APPEALS OF THE CITY OF THE COLONY, TEXAS HELD ON APRIL 26, 1984 A REGULAR SESSION of the Board of Adjustments & Appeals of the City of The Colony was called to order at 7:30 p.m. with the following members present: Roosevelt Johnson Chairman Gene Poole Member Donald Haines Member Eric Stanton Member Michael Leddy Member and with Member Stoffregen absent; however, a quorum was established. 1. APPROVAL OF MINUTES It was pointed out that in the continuation of the November 16, 1983 minutes, Michael Leddy was the Acting Chairman not Member Poole. Member Haines moved to approve the minutes of the November 9th, November 16th and March 14th, 1984 minutes as amended. Seconded by Member Poole, the motion passed with a unanimous vote. Under New Business, Chairman Johnson, reviewed a memo from City Secretary, Janet Gadd regarding a change in procedure. After a lengthy discussion, this item was tabled by a unanimous vote. Member Poole moved to open the Public Hearings,Seconded by Member Stanton, the motion passed with a unanimous vote. Chairman Johnson announced, the Board is now open for testimony. 2. PUBLIC HEARING UPON THE REQUEST OF ROGER SHAW, 4817 ASHLOCK TO INSTALL A CARPORT LESS THAN TWENTY (20) FEET FROM ITS INTERSECTION WITH THE ALLEYWAY WHICH IS NOT IN ACCORDANCE WITH THE CITY ZONING REGULATIONS. Chairman Johnson recognized Mr. Shaw to explain, in his own words, this variance request. Mr. Shaw stated that his request is based on the fact that he has one vehicle that is 16 feet long. A rep- resentative of Mason Products, the supplier for the materials for subject carport was also present to answer any questions. Mr. Shaw said his plans are to construct a carport 22 X 20 feet. Mr. Bradbury stated that as long as it is not any wider than the existing driveway, there would be no problem. Member Leddy asked how far from the sides of the driveway, the posts would be. Mr. Shaw replied 18 inches as specified in his amended drawing. Member Haines stated that as long as Mr. Shaw does not exceed the deminsions specified on his amended drawing, he would have no problem with the variance. He then moved to accept this variance as requested. Seconded by Member Poole, the motion passed with a unanimous vote. 3. PUBLIC HEARING UPON THE REQUEST OF HERMAN W. SPENCER, 5004 ATTERBURY, TO INSTALL A CARPORT LESS THAN TWENTY (20) FEET FROM ITS INTERSECTION WITH THE ALLEYWAY WHICH IS NOT IN ACCORDANCE WITH THE CITY ZONING REGULATIONS A Chairman Johnson recognized Mr. Spencer to explain in his own words, this variance request. Mr. Spencer said he has three vehicles and a van and needs to protect them from the weather. His proposed carport would measure 20 X 24. Member Poole asked him why he wants to extend the carport so close to the side lot property line. Mr. Spencer replied he is planning on widening his driveway as well. Member Haines made a point of order, stating that on the carport variance could be acted upon at this time and that Mr. Spencer would need to make another request for a variance to widen the drive way. After a lengthy discussion, it was determined that Mr. Spencer need to cut the width of the carport down to 222- feet or within 5 feet of the property line. Mr. Spencer then amended his drawing to reflect 222- feet. Following a lengthy discussion, Member Leddy moved to approve this variance request provided, the carport not exceed 222 feet in width and be a minimum of five feet from side yard. Seconded by Member Poole, the motion passed with a unanimous vote. 4. PUBLIC HEARING UPON THE REQUEST OF THE WEAVER COMPANY AGENT FOR FOX & JACOBS, TO ERECT AN ENTRY WAY SIGN IN THE MEDIAN LOCATED ON THE WEST SIDE OF FM 423 AT NORTH COLONY BOULEVARD WHICH IS NOT IN ACCORDANCE WITH THE CITYS SIGN ORDINANCE. THEY WOULD ALSO REQUEST A VARIANCE FROM SAID SIGN ORDINANCE ON THE OVERALL SIZE OF SAID ENTRY WAY SIGN. Chairman Johnson reviewd Mr. Bradbury's remarks regarding said sign. The sign would be constructed of natural stone and redwood. It would be 7'6" tall and 18'4" wide. He said that the size of this sign is not considered as large for an entry way embellishment. He went on to say it will be attractive and non -obtrusive. Chairman Johnson asked who would be responsible for the maintenance? Mrs. Delores Weaver, representing the Weaver Company stated this would be a maintenance free sign. However, she added that her company has constructed the other entry way embellishments and as part of their contract with Fox & Jacobs, the Weaver Company maintains them. Mr. Bradbury added that our present sign Ordinance addresses upkeep and will take care of this. After a lengthy discussion, there were still some questions regarding the set back of the sign on the median. Mrs. Weaver indicated that her Company would meet an set back requirements the City may specify. It was determined that until some definite set back measurements could be presented to the Board that no action could be taken. Member Haines then moved to table this item until the next regularly scheduled meeting. Seconded by Member Stanton, the motion passed with a unanimous vote. 5. PUBLIC HEARING UPON THE REQUEST OF GEORGE LINDQUIST, 4627 NERVIN STREET, TO INSTALL A CARPORT LESS THAN SEVEN & ONE HALF (72) FEET FROM ITS INTERSECTION WITH THE ALLEYWAY WHICH IS NOT IN ACCORDANCE WITH THE CITY ZONING REGULATIONS. r Chairman Johnson reviewed Mr. Bradbury's comments. They were that the existing fence is two feet further back than it could be. Member Leddy asked how far the slab is from the shed. Mr. Lindquist replied, five feet. He went on to say this is a well built structure with a life time gaurantee. He said the deminsions of the proposed carport would be 20 long X 19 feet wide and would not extend over the existing fence line. He added , his property line is another 20 feet from the slab. After a lengthy discussion, Member Poole moved to accept the variance as requested. Seconded by Member Haines, the motion passed with a unanimous vote. 6. PUBLIC HEARING UPON THE REQUEST OF JOHNNY T. CRUMPTON, •4813 NASH DRIVE TO INSTALL A FENCE MORE THAN 8 FEET TALL WHICH IS NOT IN ACCORDANCE WITH THE CITY COM- PREHENSIVE ZONING REGULATIONS Chairman Johnson reviewed Mr. Bradbury's comments. Mr. Bradbury stated, Mr. Crumpton lives on a lot that has a slop from the patio to the alleyway. He went on to say that our Ordinance only allows to fence to be a maximun of 8 feet in height. This 8 feet would also include any retaining wall. Since Mr. Crumpton had to first level his property by using a retaining wall 4 feet in height and he wants to put up a standard six foot fence for privacy this would exceed the limit by 2 feet. He added that this is becoming a common problem and the Ordinance needs to be changed to relect such common occurances. He said he would have not prob- lems with the structure being 10 feet tall. Following a lengthy discussion, Member Poole moved to grant the variance as requested. Seconded by Member Stanton, the motion passed with a unanimous vote. 7. PUBLIC HEARING UPON THE REQUEST OF DEWEY TARWATER, 7303 AUGUSTA TO INSTALL A CARPORT LESS THAN SEVEN & ONE HALF (71-2) FEET FROM ITS INTERSECTION WITH THE ALLEYWAY WHICH IS NOT IN ACCORDANCE WITH THE CITY COMPREHENSIVE ZONING REGULATIONS Chairman Johnson, reviewed Mr_. Bradbury's memo regarding same. It was determined that this carport would not touch the house or existing fence. It would also be the required five feet from the side property line. After a brief disucssion, the board had no problems with this request. Member Stanton then moved to approve the variance as requested. Seconded by Member Leddy, the motion passed with a unanimous vote. With no further action to be taken by the Board at this time, Member Haines moved to close the Public Hearings and adjourn the meeting. Seconded by Member Stanton, the motion passed with the following roll call vote: Ayes: All members present voted aye Noes: None Chairman Johnson adjourned th ATTEST: Janet Gadd, City Secretary MINUTES OF THE BOARD OF ADJUSTMENTS & APPEALS HELD ON MAY 30, 1984 A REGULAR SESSION of the Board of Adjustments and Appeals of the City of The Colony, Texas, was called to order at 7:30 p.m. with the following members present: Russ Stoffregen Member Eric Stanton Member Gene Poole Member Michael Leddy Member and with Chairman Johnson absent; however, a quorum was established. Mr. I.R. Bradburry, Chief of Inspections Division was also present. Since Chairman Johnson was absent an Acting Chairman needed to be appointed. Member Stanton moved to appoint Member Poole as acting chairman. Member Leddy seconded the motion. Member Poole was then appointed acting chairman by a unanimous vote. 2. APPROVAL OF MINUTES Member Stanton moved to approve the minutes of the April 26th meeting as written. Seconded by Member. Leddy the motion passed with the following roll call vote: Ayes: All members present voted aye Noes: None 1. CONTINUATION OF PUBLIC HEARING UPON THE REQUEST OF THE WEAVER COMPANY, AGENT FOR FOX & JACOBS, TO ERECT AN ENTRY WAY SIGN IN THE MEDIAN LOCATED ON THE WEST SIDE OF FM 423 AT NORTH COLONY BOULEVARD WHICH IS NOT IN ACCORDANCE WITH THE CITIES SIGN ORDINANCE ON THE OVERALL SIZE OF SAID ENTRY WAY SIGN Mr. Bradburry showed the Board several photographs indicating where the sign would be located on the median. Member Leddy expressed his concern over future maintenance of the sign. He suggested Fox & Jacobs be held responsible not the sign company. After a lengthy discussion, the Board members agreed to approve the sign with the stipulation that Fox & Jacobs be held responsible for the maintenance. Member Stanton made the motion to approve with the above mentioned stipulation. Seconded by Member Stoffregen, the motion passed with the following roll call vote: Ayes: All members present voted aye Noes: None With no further action to be taken by this Board at the present time, Member Leddy moved to adjourn the meeting. Seconded by Member Stanton, the motion passed with a unanimous vote. Acting Chairman Poole adjourned theNm�'ng1 a 7:45 p m. ,-- ene P 1 , Acti g Chai man Janet Gadd, City Secretary MINUTES OF THE BOARD OF ADJUSTMENT & APPEALS OF THE CITY OF THE COLONY HELD ON JULY 25, 1984 A REGULAR SESSION of the Board of Adjustment & Appeals of the City of The Colony, Texas, was called to order at 7:30 p.m. with the following members present: Roosevelt Johnson Chairman Donald Haines Member Russ Stoffregen Member Becky Orr Member David Dye Member and with Member Micheal Leddy and Member Gene Poole absent due to personal business, however, a quorum was established. 1. APPROVAL OF MINUTES Member Stoffregen moved to approve the minutes of the meeting held May 30, 1984, as presented Ayes: All members present voted aye Noes: None 2. PUBLIC HEARING UPON THE REQUEST OF DAVID D. HINCKLEY, 5060 AMHURST, TO BUILD A GARAGE AND WORKSHOP ONTO HIS RESIDENCE REQUIRING A VARIANCE FROM SECTIONS 11-102(b) and 6-9(b) OF THE CITY COMPREHENSIVE ZONING REGULATIONS. Member Haines moved to open this Public Hearing. Seconded by Member Stoffregen, the motion passed by the following vote: Ayes: All members present voted aye Noes: None Chairman Johnson turned the floor over to Mr. Bradburry who presented Mr. Hinckley's blueprints and plans to the Board for their review. Upon further review, it was noted that Mr. Hinckley also needed a request for variance for the side lot line. According to Mr. Hinckley's blueprints, the addition of the garage and workshop were to extend beyond the side of his existing residence and reach to the side property line. The Board did have a problem with this as it was not a variance that was officially requested and it was too close to the neighboring property. Mr. Hinckley advised the Board that he had discussed this with his neighbors and they had no objections. Chairman Johnson then asked Mr. Hinckley if he was aware that his and his neighbor's insurance rates would probably go up because the structures would be so close that a fire to one would have the potential to spread quickly to the other. Member Haines brought up the questions of the two (2) foot overhang. Member Dye questioned the use of drainage gutters with relation to the neighbors property. When Mr. Hinckley was asked about what he would do if the Board did not grant his request, he replied, "I would do something about another residence". At this point, Member Stoffregen moved to close the Public Hearing and it was seconded by Member Haines. After brief discussion, the Hearing was opened back up for further discussion. Mr. Hinckley agreed to alter his original plans so that a side variance would not be required. Neither the Board or Mr. Hinckley could determine if his house had the required 65% brick with the addition of the garage/workshop area. Mr. Hinckley said that he would brick the entire addition if needed. It was decided that Mr. Bradburry would look at the existing structure and he and Mr. Hinckley would work out the brick requirement. Member Stoffregen again moved to close the Public Hearing. Seconded by Member Haines, the motion passed by the following vote: Ayes: All members present voted aye Noes: None After a brief discussion, Member Stoffregen moved that the variance on the rear set back be granted and that no ruling on the brick requirements be made at this time. Seconded by Member Haines the motion passed with the following vote: Ayes: All members present voted aye Noes: None 3. PUBLIC HEARING UPON THE REQUEST OF MITCH McCONNEL, 4528 NERVIN STREET, TO ERECT A RETAINING WALL AND FENCE MORE THAN EIGHT (8) FEET TALL WHICH IS NOT IN ACCORDANCE WITH THE CITY COMPREHENSIVE ZONING REGULATIONS. Member Haines moved to open the Public Hearing. Seconded by Member Stoffregen, the motion passed with the following vote: Ayes: All members present voted aye Noes: None Chairman Johnson then read the variance requested by Mr. McConnel. It was then noted that Mr. McConnel was not present, however, they would go on with the Public Hearing. The floor was then turned over to Mr. Bradburry who informed the Board that, in- advertently, Mr. McConnell was issued a building permit through the Inspections Department and was not told he need to request a variance. As a result, Mr. McConnell had already started and nearly completed the building of his fence. Member Stoffregen questioned the soundness of the structure and Mr. Bradburry assured him that it was indeed sound. It was the concensus of this Board that the request was the same as numerous others in the past in that the foundation of his home was considerably higher than the alleyway. The new members, Member Orr and Member Dye were then brought up to date on this continuing variance request. Member Haines moved to close the Public Hearing. Seconded by Member Stoffregen, the motion passed by the following vote: Ayes: All members present voted aye Noes: None A motion was made by Member Orr that this request be granted. Seconded by Member Haines, the motion passed with the following vote: Ayes: All members present voted aye Noes: None 4. PUBLIC HEARING UPON THE REQUEST OF LESLIE M. ANDERSON, 5040 STANLEY DRIVE, TO ERECT A RETAINING WALL AND FENCE MORE THAN EIGHT (8) FEET TALL WHICH IS NOT IN ACCORDANCE WITH THE CITY COMPREHENSIVE ZONING REGULATIONS. Member Stoffregen moved to open the Public Hearing. Seconded by Member Haines, the motion passed with the following vote: Ayes: All members present voted aye Noes: None 1 n Chairman Johnson read aloud to the audience the variance requested by Mr. Anderson. Mr. Anderson then addressed the Board and advised them that he had the same problem as Mr. McConnell in that his foundation is higher than his alleyway. He has an additional problem in that he also has a swimming pool. He also advised the Board that he plans on placing the pickets on the inside of the fence to keep the kids from climbing the fence. Member Orr and Member Dye advised that they had been by the location to inspect it. Member Dye concurred with Mr. Bradburry in having a slight problem with the fact that Mr. Anderson's ground was not Beverly sloped. After further discussion, a Motion was made by Member Haines to close the Public Hearing. Seconded by Member Stoffregen, the motion passed with the following vote: Ayes: All members present voted aye Noes: None Chairman Johnson then asked Mr. Bradburry if he had any further problems with this request. Mr. Bradburry replied that he had no problems with this request as long as Mr. Anderson did not let the combination of retaining wall and fence exceed 10 feet at any point. After brief discussion, Member Haines moved to grant the variance as requested. Seconded by Member Stoffregen, the Motion passed with the following vote: Ayes: All members present voted aye Noes: None 5. PUBLIC HEARING UPON THE REQUEST OF YANCY C. PYLES, 5217 SHERMAN DRIVE, TO INSTALL A CARPORT LESS THAN TWENTY (20) FEET FROM ITS INTERSECTION WITH THE ALLEYWAY WHICH IS NOT IN ACCORDANCE WITH THE CITY ZONING REGULATIONS. Member Stoffregen moved to open the Public Hearing. Seconded by Member Haines, the motion passed by the following vote: Ayes: All members present voted aye Noes: None Chairman Johnson read aloud the variance requested by Mr. Pyles. Mr. Pyles reviewed his request with the Board members. It was again established that this is a request which is becoming very common. Member Orr reflected her concerns regarding the appearance of the carport he was planning on erecting. Chairman Johnson assured her that the company Mr. Pyle had chosen had been before this Board several times and that they build quality structures. After brief discussion, Member Haines moved to close the Public Hearing. Seconded by Member Stoffregen, the motion passed by the following vote: Ayes: All members present voted aye Noes: None After further discussion, Member Haines moved to grant the variance as requested. Seconded by Member Orr, the motion passed with the following roll call vote: Ayes: All members present voted aye Noes: None Following a brief discussion regarding the appearance of variance requests for the carports and fences with regard to severly sloping yards, Mr. Bradburry was requested to draft a Memorandum from the Board of Adjustment & Appeals members for their signature, to be presented to the City Council. This memorandum should state the nature of these reoccurring requests and suggest that, since the precedence has been set, Mr. Bradburry be given the authority to authorize said variances. With no further action to be taken by this Board at the present time, Member Haines mvoed to adjourn the meeting. Seconded by Member Stoffregen, the motion passed with a unanimous vote. Chairman Johnson adjourned the meeti- - -' ATTEST: 0 Sharon E. Sebera Deputy City Secretary i MINUTES OF THE BOARD OF ADJUSTMENT & APPEALS OF THE CITY OF THE COLONY HELD ON OCTOBER 10, 1984 A REGULAR SESSION of the Board of Adjustment & Appeals of the City of The Colony, Texas, was called to order at 7:35 p.m. with the following members present: Roosevelt Johnson Chairman Russ Stoffregen Member Michael Leddy Member Gene Poole Member David Dye Member Becky Ore Member and with all Members present a quorum was established. 1. APPROVAL OF MINUTES Member Leddy moved to approve the minutes of the meeting held July 25, 1984, seconded by Member Dye, the motion passed by the following vote: Ayes: All members present voted "aye" Noes: None 2. PUBLIC HEARING UPON THE REQUEST OF RICHARD MALLETT, 5220 GOODMAN, TO BUILD A REAR ENTRY ONTO HIS RESIDENCE REQUIRING A VARIANCE FROM ORDINANCE #143, SECTION 11-500 OF THE CITY COMPREHENSIVE ZONING REGULATIONS. Member Leddy moved to open this Public Hearing. Seconded by Member Stoffregen, the motion passed by the following vote: Ayes: All members present voted "aye" Noes: None After a brief discussion, it was determined that the request was actually from Fox & Jacobs with Mr. Richard Mallett being present as their representative. After Mr. Mallett's presentation, it was further determined that the location in question was one of the model homes located on Goodman Street that Fox & Jacobs was trying to convert in order to have all the homes on that street conform to rear entry garages. Mr. Steven A. Reed, Director of Community Services, and Mr. Bob Hutchison of the City's Inspections Department were present to discuss the City's position on this request. After a lengthy discussion, it was determined that this request was not within the Board's jurisdiction and should actually be presented to the Planning & Zoning Commission because of a boundary "dispute" and replatting situation. Member Poole made a motion to table this item and have it referred to the Planning and Zoning Commission. This motion was seconded by Member Dye and passed with the following vote: Ayes: All members present voted "aye" Noes: None 3. PUBLIC HEARING UPON THE REQUEST OF RICHARD F. HADLEY, 4933 ROBERTS TO BUILD A CARPORT IWTH OPEN SIDES ALL THE WAY TO THE SIDE YARD LINE, WHICH IS CLOSER THAN 3 FEET TO THE PROPERTY LINE AND CLOSER TO THE ALLEY THAN 20 FEET, BOTH OF THESE ITEMS NOT BEING IN ACCORDANCE WITH ORDINANCE #143, SECTION 11-702, PARAGRAPH 3 (a) & (b) OF THE CITY COMPREHENSIVE ZONING REGULATIONS. Member Stoffregen moved to open the Public Hearing. Seconded by Member Dye, the motion passed with the following vote: Ayes: All members present voted "aye" Noes: None Chairman Johnson then read the variance requested by Mr. Richard Hadley and turned the floor over to him for his presentation. A lengthy discussion then proceeded regarding the type of materials to be utilized and the fact that there already exists a concrete slab located within 3 feet of the side yard. Mr. Steven Reed then read a memorandum prepared by Mr. Bob Hutchison, Inspector. It was stated that ". . . After carefully reviewing the means of construction, which will not hinder visibility from the street or alley and the fact that other codes require recreational vehicles and boats to be stored behind the rear lot line of a single family residence, I cannot find fault with what Mr. Hadley proposes to do.. ." Mr. Hadley was then asked what he intended to store in this area. There followed another lengthy discussion about the storage of flammable liquids, firewood, etc. too close to the property line. At this time, Member Poole made a Motion to close the Public Hearing. Seconded by Member Leddy, the vote passed with the following vote: Ayes: All members present voted "aye" Noes: None Chairman Johnson asked for a Motion to grant/deny this request. A Motion was made by Member Poole to deny Mr. Hadley's request for a variance. Seconded by Member Leddy the motion passed with the following vote: Noes: Member Dye voted "no" Ayes: All other members present voted "aye" 4. PUBLIC HEARING UPON THE REQUEST OF JOHN C. LEACH, 5161 SHERMAN, TO BUILD A STORAGE BUILDING REQUIRING A VARIANCE IN ORDINANCE #143, SECTION 11-702, PARAGRAPH 2 OF THE CITY COMPREHENSIVE ZONING REGULATIONS. Member Leddy made a Motion to open the Public Hearing. Seconded by Member Stoffregen, the motion passed with the following vote: Ayes: All members present voted "aye" Noes: None Chairman Johnson then read the variance as requested by Mr. Leach. He then proceeded to read a letter submitted by a neighbor of Mr. Leach's, Ms. Jeanne A. Campbell, who stated that she had no objections to the building of this shed. It was then noted by this Board that construction of the shed had already started prior to Mr. Leach's appearance before this Board. Another neighbor, Mr. Leslie, was in attendance at this Public Hearing and he was then recognized by Chairman Johnson. Mr. Leach voiced his opinion regarding deviations from City Ordinances and the fact that work had already proceeded. He stated that he really did not have a big problem with the structure, other than it had already been started prior to the Board's meeting and the obstruction of the fire lane. Both Chairman Johnson and Member Stoffregen expressed their own concerns regarding the obstruction of said fire lane. After further discussion, Member Poole made a Motion to close the Public Hearing. Seconded by Member Leddy, the motion passed with the following vote: Ayes: All members present voted "aye" Noes: None After further review of this request, Member Stroffregen made a motion to deny Mr. Leach's request. Seconded by Member Leddy, the motion passed with the following vote: Ayes: All members present voted "aye" Noes: None With no further action to be taken by this Board at the present time, Member Leddy moved to adjourn the meeting. Seconded by Member Dye, the motion passed with an unanimous vote. Chairman Johnson adjourned the meeting at 9:30 p.m. ATTEST: Sharon E. Sebera Deputy City Secretary h 9 Roosevelt Johnson, Chairman r BOARD OF ADJUSTMENT & APPEALS OF THE CITY OF THE COLONY HELD ON DECEMBER 19, 1984 A REGULAR SESSION of the Board of Adjustment & Appeals of the City of The Colony, Texas, was called to order at 7:35 p.m. with the following Members present: Roosevelt Johnson Chairman Donald Haines Member Becky Ore Member Gene Poole Member 1. APPROVAL OF MINUTES Becky Ore stated that the Minutes of October 10 should be corrected to show that she attended as a non-voting member. Chairman Johnson also pointed out that the vote to grant/deny Case No. 3 should be corrected to read: Noes: Member Dye and Chairman Johnson voted "no" Ayes: All other Members present voted "aye" Member Ore made a motion to accept the minutes as corrected; seconded by Member Poole. The Motion passed by the following vote: Ayes: All Members present voted "aye" Noes: None. 2. PUBLIC HEARING: CONSIDER REQUEST FOR VARIANCE FROM SECTION 11-702(3)(A) OF THE CITY ZONING ORDINANCE WHICH STATES THAT ACCESSORY STRUCTURES MUST MAINTAIN A 3 -FOOT SETBACK FROM ANY LOT LINE, ALLEY LINE, OR EASEMENT LINE. REQUESTED BY DON L. ARMOUR FOR THE PROPERTY LOCATED AT 4300 N. COLONY BLVD. Chairman Johnson read a memorandum addressed to the Members of the Board of Board of Adjustment and Appeals from Eric Stanton in which he recommended that the request be denied because the shed in question does not meet the city zoning ordinance. All witnesses for the defendant were asked to swear or affirm the truth of their testimony by signature on a sign -in sheet. Chairman Johnson read the actual request from Mr. Don L. Armour asking that a shed on his property be allowed to remain in its present location. Mr. Armour then presented his case following which Chairman Johnson recognized each witness. Mr. Stephen R. Jabaut, a neighbor who works for Pulte Homes and frequently works with permits, helped Don Armour interpret the requirements for the shed as presented to him by the city. He felt it was a matter of the city changing its mind. Mr. Mike Stallings had not been involved when the shed was being built but had reviewed the plans recently and felt Don Armour had adhered to the requirements. Mr. John Wynn was concerned that this could happen to him and other citizens. Mr. Wesley White had two additional concerns: (1) Something like this might happen in the future. There are a lot of people over there in that section of town that will be building sheds and fences, and I'd like to make sure the City gives them crystal clear instructions on what they can and cannot do and make sure they know it ahead of time, and no after they build the structure; and (2) I'd like to see some kind of communication to Fox & Jacobs not to be telling people their property line goes all the way to the alley if indeed their property lines does not got to the alley. I was told my property line goes to the alley." Mrs. Lynn Cook, Mr. Armour's sister, stated Mr. Armour had questioned she and her husband extensively about city procedures and regulations. She felt that since Mr. Bradburry, who at that time was in charge of everyone involved in the permit, gave his okay, that should stand. Mr. Cook thinks this is a matter of interpretation. He had interpreted things the same way Mr. Armour had interpreted them. Mr. Jack K. Ledbetter, a neighbor, did not feel that the shed was an obstruction to view. Chairman Johnson reread the explanation from the memorandum from Mr. Eric Stanton, Building Official for the City. Page 2 Board of Adjustment & Appeals Minutes - December 19, 1984 Janice Carroll stated she felt that there was a mistake by the City but would like for the Board to consider that Mr. Armour is a victim of this change but also that they must look at that from a safety standpoint. After a lengthy discussion, Member Becky Ore made a Motion to close the Public Hearing. Seconded by Member Donald Haines, the motion passed unanimously as follows: Ayes: All Members present voted "aye" Noes: None After some discussion, Chairman Johnson stated that the City Official was doing his job and that we had a citizen that, in his limited knowledge, was trying to abide by what he thought was right. He then entertained a motion to accept or deny the variance. A motion to accept the variance was made by Member Poole and seconded by Member Haines. The motion carried as follows: Ayes: All Members presented voted "aye" Noes: None 3. PRESENTATION BY CITY ATTORNEY ON JURISDICTION AND PROCEDURES Price Boyle, City Attorney, gave each Member of the Board of Adjustment and Appeals a letter with enclosures explaining the jurisdiction and duties of Members of the Board of Adjustment. He then explained their jurisdiction and duties in some detail. He emphasized the importance of getting the testimony in that would be looked at in case of an appeal. The State Statute gives the Board the power: "1) To consider appeals where it is alleged there was an error in a decision made by the administrative official; 2) To consider 'special exceptions.'; 3) To authorize variances under certain conditions." With no further action to be taken by this Board at the present time, Member Poole moved to adjourn the meeting; seconded by Member Haynes. The motion passed with an unanimous vote. Chairman Johnson adjourned the meeting ATTEST: P. Ray Layman Secretary