HomeMy WebLinkAbout1985 BOAMINUTES OF THE
BOARD OF ADJUSTMENT & APPEALS
OF THE
CITY OF THE COLONY, TEXAS,
FEBRUARY 20, 1985
A REGULAR SESSION of the Board of Adjustment & Appeals of the City of
The Colony, Texas, was called to order at 19:40. Members present were
Roosevelt Johnson Chairman
Michael Leddy Member
Gene Poole Member
Russ Stoffregen Member.
1. APPROVAL OF MINUTES
Russ Stoffregen brought to the attention of the Board that it was
vote to grant/deny Item 2 had been omitted from the minutes. The
portion omitted should read:
"After some discussion, Chairman Johnson stated that the City
Official was doing his job and at the same time, we had a citizen who,
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 present voted "aye"
Noes: None."
No other exceptions were noted. Michael Leddy made the motion that
the minutes be accepted as corrected; seconded by Gene Poole. Motion
carried unanimously.
2. DISCUSSION
The records so state that we have four members present and Mr.
Buford, Mr. Guerrera, Mr. , Mrs. Kelly Walker, Steve Reed, Mike
are all present. At the present time, they have asked that a full
Board, a full Board is five, be hear to hear their presentations.
With that thought in mind, a motion was entertained to table the
hearings until another meeting is set. Michael Leddy made the motion
that Items 2 through 5 be tabled; seconded by Gene Poole. Motion
carried by a unanimous vote of "aye" by all Members of the Board.
Chairman Johnson brought the fact that the City's position on the
variance requests. He was accustomed to, and would like to see,
something more in writing. Eric Stanton, Building Official, stated
that, as office staff representative and the secretary to the Board,
he preferred his recommendation to be open testimony. After
considerable discussion, the issue was dropped.
The continuation of the meeting was set for February 27, 1985, at
7:30 p.m. Michael Leddy moved that the meeting be recessed for one
week tentatively; seconded by Russ Stoffregen. Motion carried as
follows:
Ayes: All Members voted "aye"
Noes: None.
The meeting was adjourned at 7:50 p
ATTEST:
P. Ray Layman
Secretary
,on,
Cqai,rman
t #
MINUTES OF THE BOARD OF ADJUSTMENT & APPEALS
OF THE CITY OF THE COLONY
FEBRUARY 27, 1965
A REGULAR SESSION of the Board of Adjustment & Appeals was
reconvened on February 27 at 7:30 p.m. after one week's
recess, with the following members present:
Roosevelt Johnson Chairman
Gene Poole Member
Becky Orr Member
Michael Leddy Member
Russ Stoffregen Member.
Motion to reconvene was made by Member Gene Poole, seconded by
Member Michael Leddy. Motion carried by a vote of "aye" by all
members present.
There are no minutes, it is just a continuation of a regular
session of the Board of Adjustment & Appeals of the City of
the Colony.
Chairman Johnson read the items to be discussed. Mrs. Walker
was not present and Eric Stanton stated that a phone call had
been received from Mrs. Walker in which she stated that she
might have difficult in arriving and that she did not arrive
before the beginning of the meeting she requested that the
Board entertain a motion to continue it to the next monthly
regular meeting. Motion to table Item 2 was made by Member
Gene Poole, seconded by Michael Leddy. The motion carried by
an unanimous vote of "aye" by all members present.
3. CONSIDERATION OF A REQUEST FOR VARIANCE FOR TABLE 33A OF
THE UNIFORM BUILDING CODE REGARDING NUMBER OF EXITS FROM
A CLASSROOM. REQUESTED FOR THE PROPERTY LOCATED AT 4301
BLAIR OAKS.
The persons who were planning to give testimony were asked to
swear that the testimony they would give was the truth, the
whole truth, and nothing but the truth, by signing their names
to a sign -in sheet.
Michael Leddy made the motion that Item 3 be opened for public
discussion; seconded by Member Poole. The motion carried by
the following votes:
Ayes: All members present voted "aye"
Noes: None.
Eric Stanton pointed out that these are not officially public
hearings --that are simply variance requests and that
notification of property owners was not done, the Board of
Appeals is not a public hearing, only those affecting zoning
are public hearings.
The official term is merely "variance request."
Chairman Johnson read into the record a memorandum from Eric
Stanton, Building Official, elaborating on reasons for the
city's position regarding the variances, Exhibit A (attached).
Mr. Buford had not received a copy of the memo but
acknowledged that they understood it.
Member Leddy then read a statement from Hutchison, Price,
Boyle & Brooks to emphasize where the Board stands. "variance
xx will not be contrary to the public interest where owing to
Page 2
Board of Adjustment & Appeals
Minutes - February 27, 1985
special conditions a literal enforcement of the provisions of
the Ordinance will result in "unnecessary hardship," and that
the spirit of the Ordinance shall be observed and substantial
justice done." The reason for reading this was to make special
emphasis on "unnecessary hardship."
Mr. Buford used a drawing of the classrooms to explain the
rooms involved in the request. He had no argument with the
code at all but pointed that they had designed this on a
reasonabI a bas i s and had never run i nto th i s or. t1-je L7
schools they had dr -signer -11. part i cu 1 ,_: -r 1 y, because of Inardsh i p
to 4 -hr- _ , %_, _-_ i �. wo�_il r :add cost to the school , we
would have -to rearrange the built-in equipment in a lot of the
laboratories, it would take additional exit lights on each
door, which we've never done, it would affect the wall
construction, it would reduce the number of lockers, and also
two exits with panic devices and exit lights would not give
the teacher the total control of the room, and that is the
reason for asking for a waiver on that.
They did design in fire dampers, 20 -minute labels on those
rooms and for each door.
It affects 21 rooms, 2 foods laboratories, bookkeeping room,
speech/drama room, 3 art rooms, 2 drafting room, 3 typing
rooms, a sewing room, 2 biology laboratories, 1 classroom for
biology room, and another future biology room, 2 chemistry
labs, a classroom that is designed for a future physics lab
and a computer science lab. He did not feel that there would
ever be more the number of students to measure 20 square feet
per student due to the amount of equipment in the rooms.
Asking for waiver based on the way the rooms will be used, the
number of students that will be using those rooms, and on the
basis of the fact that it has never been questioned before and
we have designed 27 high schools, 20 junior high schools and
65 or 70 elementary schools, and we have just never run into
that.
Chairman Johnson: "What would be the effect of putting in 2
doors?"
Mr. Buford stated that it would require going back to the
general contract who in turn would have go back to the
subcontractors and various suppliers and get prices on this
equipment plus the labor it would take to put it in. To that
cost, the contractor would have to add overhead to other
costs. Mr. Buford guessed that the cost would be about $2,000
per room.
Mr. Bradburry had looked over the plans several times but he
had not reviewed the final plans. The final plans were
presented to the city at the time they went out for bids to
the contractors.
Becky Orr asked if the rooms were all interior rooms. Mr.
Buford explained that most of the rooms were interior but that
they "had not tried to do anything except build a good, safe,
fireproof building." He stated that they had installed smoke
detectors and another device which would provide a double
protection that is not required by code.
Member Stoffregren ask if, in all the schools Buford and Works
had built, had this variance from code been questioned before
or just never picked up by anyone before to which Mr. Buford
responded that it had never been questioned before.
Page 3
Board of Adjustment & Appeals
Minutes - February 27, 1985
After considerable discussion about the various schools Buford
and Works had built and the proposed design of the rooms in
question, regarding surrounding corridors, doors into
storerooms. Mr. Marshall Durham read planning guide put out
by Texas Education Agency which calls out a different greater
number of square feet per person in many of the rooms in
question. A copy of this plan is attached. This was followed
by a discussion of student/teacher ratio required by the
state.
Eric Stanton then read a memo from the fire marshall, Ronnie
Gothard, (copy attached) which addressed all three variances.
He also pointed out that in the staff's opinion, economics
should not enter into a decision regarding life safety and
that other cities should not influence our decision. He had
contacted three local plan reviewers of the building
departments -Mr. Audie Parker of Lewisville, Steve Cash of
Richardson and Paul Dillon of Carrollton. Two of the three
stated that there had been no variances requested. He
re -stated that the staff felt that each case should be
designed on its own merits without consideration of other
cities practices.
Mr. Sopas signed in on the sign -in sheet and gave strong
opinions against granting the variance based on the safety of
the children and suggested that the Board look at the plans
very carefully before granting any kind of variance where the
safety of our children is concerned. He asked what the reason
was for cutting the rooms down to one door. Mr. Buford stated
that it would mean fewer lockers, would have to add exit
lights, panic devices, add considerable cost, give the
teachers less student control. Mr. Buford cited three
incidences of fires in schools he had constructed and there
was no significant dangers as a result of these fires. Mr.
Sopas re-emphasized that he was hearing that the reason for
the variance requests was cost, and that if the equipment was
designed designed beforehand based on one door, knowing full
well that the UBC requires two doors, it should never have
been ordered before the plans were approved.
Mr. John Perry signed in and stated that he does not see any
hardship shown here.
Mr. Sample pointed out that Mr. Bradburry could not have gone
over the plans, based on the date on the plans which occurred
after Mr. Stanton had been employed by the city. Chairman
Johnson restated his understanding of the issues presented by
both the City and Buford and Works which is --Buford and Work
feels that because of fixed equipment, it is physically
impossible to have x number of pupils in the room. The City
is saying I'm not looking at the equipment, I'm going by the
square footage of the room.
Member Leddy made motion that the public hearing be closed -
seconded by Member Orr. All members voted "aye." Member Leddy
moved that they move to adjudication, Member Orr seconded.
All members voted "aye."
Member Orr stated "It is the findings of this Board that an
allowance of this variance would not create any undue safety
restrictions on the students nor would it be feasible to
insist that the plans be followed to the letter of the
building code. Therefore, with this finding in mind, I would
like to move that we grant this variance as stated." Seconded
by Member Stoffregren.
Page 4
Board of Adjustment & Appeals
Minutes - February 27, 1985
Ayes: Roosevelt Johnson, Russ Stoffregen, Becky Orr
Noes: Michael Leddy, Gene Poole
Michael Leddy made the request that everyone be allowed to
make a statement before a motion is made. Roosevelt Johnson
stated that he was out of order because he did not allow
discussion and because of that, that particular motion is
dead.
Becky Orr made a motion by stating that it is the finding of
the Board of Adjustment and Appeals that the variance be
granted based upon the information granted us. Seconded by
Michael Leddy.
This was followed by considerable discussion of the evidence
presented as well as some re -emphasis of the procedures the
Board is to follow in making their decision. Chairman Johnson
asked if presentations by other people, i.e., the three plan
reviewers who were contacted from other local areas, to which
the members stated it would not be likely to influence their
decision. Chairman Johnson asked if there was an amendment to
the motion. After no response, he restated that the motion
was that the variance be granted. Members were asked vote by a
show of hands.
For: Becky Orr, Roosevelt Johnson, Russ Stoffregen
Against: Gene Poole, Michael Leddy
The variance was denied.
4. CONSIDERATION OF A REQUEST FOR VARIANCE FROM SECTION
802(C) OF THE UNIFORM BUILDING CODE REGARDING REGARDING
FIRE RATING OF STORAGE AND JANITOR CLOSETS. REQUESTED
BY BUFORD & WORK, INC. FOR THE PROPERTY AT 4301 BLAIR
OAKS.
Russ Stoffregren made a motion to open Item 4 for Public
Hearing - seconded by Gene Poole. Chairman Johnson read the
variance request and entered the letter from Eric Stanton,
Building Official, into the record.
Mr. Buford described the construction and fire preventive
measures designed into the the janitor closets and storage
areas.
The city's recommendation of denial was based upon the fact
that the people who wrote the code realized the history of the
nature of items stored in janitor closets, these being
flammable liquids, cleaning solvents, rags and things of that
nature which have a history of being fire hazards and the
belief that this denial would not create any undue hardship.
The city requested that the letter from the fire marshall be a
part of the record for this case.
After some testimony determining what is defined as a
fire -rated wall and the reason for the requirement for
automatic door closers, followed by discussion, Michael Leddy
made the motion that the Public Hearing be closed, seconded by
Russ Stoffregen.
Ayes: All Members present voted "aye"
Noes: None
Michael Leddy made the motion that the case be opened for
adjudication for Agenda Item #4, seconded by Russ Stoffregen.
Page 5
Board of Adjustment & Appeals
Minutes - February 27, 1985
Ayes: All Members present voted "aye"
Noes: None
Michael Leddy asked for a clarification from Eric Stanton of
what determined 1 -hour fire resistance for walls and ceilings.
He also asked for a clarification from Mr. Buford regarding
doors that are presently on the janitor closets , are they in
and of themselves, 1 -hour fire resistant.
Becky Orr made the motion that the variance be denied based on
the fact that she had not been shown that it would create a
hardship. Motion seconded Roosevelt Johnson. After some
procedural discussion, Michael Leddy made the motion that the
motion be amended to grant the variance. Chairman Johnson
seconded the motion, and asked that the Members vote by a show
of hands.
For: Roosevelt Johnson
The Chair returned to the major motion and asked for a vote.
Ayes: Members Leddy, Orr, Stoffregen, and Poole
Noes: Chairman Johnson
The variance was denied.
Becky Orr made the motion that the adjudication be closed -
seconded by Michael Leddy. Motion carried unanimously.
5. CONSIDERATION OF A REQUEST FOR VARIANCE FROM SECTION
3304(G) OF THE UNIFORM BUILDING CODE REGARDING FIRE
RATING OF CORRIDORS. REQUESTED BY BUFORD & WORK, INC.
FOR THE PROPERTY LOCATED AT 4301 BLAIR OAKS.
Russ Stoffregen made the motion that the Public Hearing be
opened for Agenda Item No. 5. Seconded by Becky Orr. Motion
carried unanimously.
Becky Orr read the request for variance into the record. Mr.
Buford explained that what was being considered was the
administrative area and further explained that some of the
items being called corridors was not, in his opinion,
corridors. He reiterated that it would cost a lot of money
and create a lot of nuisance to consider these areas as
corridors and fireproof them as stated in the Building Code.
After some discussion, Michael Leddy made the motion that the
Public be closed - seconded by Gene Poole. Motion carried
unanimously.
Michael Leddy made the motion that Agenda Item No. 5 be open
for adjudication - seconded by Russ Stoffregen. Motion carried
by a unanimous vote of "aye."
After a short discussion, Michael Leddy made the motion that
they have a 3 -minute recess. Seconded by Roosevelt Johnson.
Motion carried unanimously.
The meeting reconvened with a clarification requested from
both Eric Stanton and Mr. Buford as to what is considered
corridors. After the term was clarified, a brief discussion
continued based on the number and kind of people that would be
using the area in question.
Russ Stoffregen made the motion that allow the variance -
Roosevelt Johnson seconded. The vote was as follows:
4 W
Page 6
Board of Adjustment & Appeals
Minutes - February 27, 1985
Ayes: Chairman Johnson and Member Stoffregen
Noes: Becky Orr and Gene Poole
Abstained: Michael Leddy.
Mr. Buford stated that he would comply.
Russ Stoffregen made the motion that the meeting be adjourned.
Gene Poole seconded. The motion carried as follows:
Ayes: All Members present voted "aye"
Noes: None
The meeting was adjourned at 10
ATTESTED BY:
P. Ray Layman
Secretary
)n, C(ai rman
E
MINUTES OF THE BOARD OF ADJUST 8 APPEALS
OF THE CITY OF THE COLONY
MARCH 20, 1985
A REGULAR SESSION of the Board of Adjustment & Appeals was called to
order at 19:37. Members present were:
Roosevelt Johnson Chairman
Michael Leddy Member
Gene Poole Member
John Perry Alternate.
Chairman Johnson entertained a motion that the meeting be opened.
Motion to open the meeting was made by Member Michael Leddy, seconded
by Member Gene Poole. The motion carried by an unanimous vote of "aye"
by all members present.
1. APPROVAL OF MINUTES
Michael Leddy made the motion that page 2, paragraph 1, line 7 of
the minutes be corrected to read: "The meeting was recessed at 7:50
p.m." No other exceptions were noted.
Michael Leddy made the motion that the minutes be accepted as
corrected. Seconded by Gene Poole. Motion carried unanimously.
Discussion - The record so states that this is a continuation of:
Public Hearing: Consideration of a Request for Variance from Section
11-501(4) of the City's Zoning Ordinance regarding building setback
for the property located at 4061 Jenkins and consider the request for
variance from Section 11-702 of the City Zoning Ordinance regarding
building setbacks for the property located at 5628 Chapman Street,
requested by Mr. James Palmer.
2. CONTINUATION OF: PUBLIC HEARING: CONSIDERATION OF A REQUEST FOR
VARIANCE FROM SECTION 11-501(4) OF THE CITY'S ZONING ORDINANCE
REGARDING BUILDING SETBACKS FOR THE PROPERTY LOCATED AT 4601
JENKINS.
The persons who were planning to give testimony were asked to
swear that the testimony they would give was the truth, the whole
truth, and nothing but the truth, by signing their names to a sign -in
sheet.
Member Michael Leddy made the motion that Item 2 be opened for
public discussion; seconded by Member Poole. The motion carried by the
following votes:
Ayes: All members presented voted "aye"
Noes: None.
Chairman Johnson read the attached memo from Eric Stanton,
Building Official. The memo is entered into the record.
Member Michael Leddy explained the option to continue for a
five -member board. Mr. Walker stated the needs of a duplex owner.
There is not enough storage space.
Member Leddy made the motion that the Public_ Hearing be closed,
seconded by Member Poole. The motion carried by the following votes:
Ayes: All members voted "aye"
Noes: None.
Member Leddy moved that the board move to adjudication; Member
Poole seconded the motion. All members voted "aye."
Member Leddy stated from looking at pictures submitted by Mr.
Walker, he has no way to move the shed.
John Perry made a motion by stating that it is the finding of the
Board of Adjustment and Appeals that the variance be granted. Seconded
by Member Poole. All members voted "aye."
The variance was granted.
Page 2
Board of Adjustment & Appeals
Minutes - March 20, 1985
3. PUBLIC HEARING: REQUEST FOR VARIANCE FROM SECTION 11-702 OF THE
CITY ZONING ORDINANCE REGARDING BUILDING SETBACKS FOR THE PROPERTY
LOCATED AT 4628 CHAPMAN STREET. REQUESTED BY MR. JAMES PALMER.
Michael Leddy made the motion that Item 3 be opened for public
discussion; seconded by Member Perry. The motion carried by the
following votes:
Ayes: All members present voted "aye"
Noes: None.
Chairman Johnson read the attached memo from Eric Stanton,
Building Official.
Member Leddy made a motion that the public hearing be closed;
seconded by Member Perry. All members present voted "aye."
Mr. James Palmer needed storage room and protection for vehicles.
Discussion with members on actual location of structures, and type of
material, all metal - steel.
Member Leddy moved that they moved to adjudication. Member Poole
seconded. All members present voted "aye."
After a discussion on carport and shed, Member Perry made the
motion to approve the variance for the carport and deny the shed
without. prejudice. Seconded by Member Leddy. All members present
voted "aye."
Michael Leddy made the motion that the meeting be adjourned. John
Perry seconded. The motion carried with the following votes:
Ayes: All members present voted "aye"
Noes: None.
Meeting was adjourned at 8:30 p.m.
ATTEST:
Judie Talbot
Secretary
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MINUTES OF THE BOARD OF ADJUST & APPEALS
OF THE CITY OF THE COLONY
MAY 15, 1985
A REGULAR SESSION of the Board of Adjustment & Appeals was called to
order at 19:47. Members present were:
Roosevelt Johnson Chairman
Michael Leddy Member
Gene Poole Member
Becky Orr Member.
1. APPROVAL OF MINUTES
Chairman Johnson asked if the minutes had been read and
asked for any corrections or adjustments.
Gene Poole made the motion that the minutes be accepted as
written. The motion was seconded by Michael Leddy and carried
unanimously.
After acquiring the sign -in sheet, Chairman Johnson moved to
Agenda Item 2, and asked that everyone who was to give testimony sign
in on the sign -in sheet.
2. PUBLIC HEARING; CONSIDERATION OF REQUEST FOR VARIANCE FROM
SECTION 11-502 OF THE CITY ZONING ORDINANCE RELATING TO PLACEMENT
OF BUILDINGS. REQUEST IS MADE BY BERNIE MCCORMICK FOR THE
PROPERTY LOCATED AT 5029 AMHERST.
Chairman Johnson read the request of Bernie McCormick for a
variance of the placement of a building at 5029 Amherst (attached).
Mr. McCormick was asked to present his case. Mr. McCormick showed
pictures of new storage shed which was replacing an old one. He stated
that he wanted to move this building to a position 6 feet from the
house and a foot and a half from the property line and later on build a
carport.
Chairman Johnson asked what hardship would this create if he was
not allowed to get his variance, to which Mr. McCormick answered that
he would have to tear it down and do something with the metal building,
and that it would look much better than the old one.
Mr. McCormick stated that he had built this building without a
permit, thinking that he could rebuild the existing building without a
permit. Mr. Johnson explained the operation of the grandfather clause.
Mr. McCormick stated that it would be a hardship because he needs
the storage shed, and that it would be more pleasing than the old one
in general. He stated that it was not in code and he did not know why
the code states that you need 3 feet from the property line.
Eric Stanton asked why he did not use the backyard across from the
driveway. Mr. McCormick stated that he had a swimming pool there and
the only space there would mean that it would be against the neighbors
fence.
After some discussion of location of possible alternates, Mr
McCormick stated that it was mainly for aesthetic value that he felt it
would be better left in this position.
Gene Poole proceeded to explain the reasons for the requirement
that buildings must be located certain distances from other buildings
and from the property line.
Chairman Johnson asked for the staff recommendation which was that
the request be denied, and further that his like of space was caused by
over -development of the property (i.e., swimming pool), and not by the
city ordinances.
Page 2
Board of Adjustment 8 Appeals
Minutes - May 15, 1985
After some additional discussion, Chairman Johnson entertained a
motion. Michael Leddy made a motion that the public hearing closed and
go into adjudication; seconded by Becky Orr. Passed by a unanimous
vote of "aye."
Michael Leddy made the motion that they open the adjudication.
Gene Poole seconded, followed by a unanimous vote of "aye."
Chairman Johnson opened the meeting to discussion by the Board.
Michael Leddy expressed a concern for the 1-1/2 foot from the side
property line because of the fire codes. Gene Poole stated that he
does not see a hardship as far as placing the building because he has
plenty of room to move away from the fence. Becky Orr stated that she
did not see a hardship.
Michael Leddy made a motion that we accept the variance as
submitted. Motion died for lack of a second. Chairman Johnson
entertained another motion.
Michael Leddy moved that we deny the variance and asked that Mr.
McCormick work with Mr. Stanton to bring his storage shed in some way
into compliance with the code. Seconded by Gene Poole. Motion carried
as follows:
Ayes: All members present voted "Aye"
Noes: None.
Variance was denied.
Before adjourning, Eric. Stanton that we are in the process of
gathering candidates to refill our alternate positions and asked if it
would be convenient for the Board at the next meeting to interview then
one at a time and give their recommendations to Council. All members
present were eager to fill the positions, and were willing to interview
them as the last item of the next meeting.
Michael Leddy made the motion that the meeting be adjourned;
seconded by Gene Poole. Motion carried by a unanimous vote of "aye" by
all members present.
The meeting was adjourned at 8:10 p.m.
Attest:
P. Ray Layman, Secretary
, Chairman
MINUTES OF THE BOARD OF ADJUST & APPEALS
OF THE CITY OF THE COLONY
JUNE 19, 1985
A REGULAR SESSION of the Board of Adjustment & Appeals was called to
order at 19:30. Members present were:
Roosevelt Johnson Chairman
Michael Leddy Member
Gene Poole Member
Becky Orr Member
Russ Stoffregen Member.
1. APPROVAL OF MINUTES
Chairman Johnson asked if the minutes had been read and
if there were any additions or corrections.
Member Michael Leddy made a motion that the minutes be accepted as
written. The motion was seconded by Member Orr and carried
unanimously.
Chairman Johnson read the three agenda items to be heard and
briefly discussed Item No. 2. He then asked that all persons present
who intended to give testimony swear in by signature to the sign -in
sheet. He then moved to Item 3.
2. PUBLIC HEARING: CONSIDERATION OF REQUEST FOR VARIANCE BY GRIFFIN
MIDDLE SCHOOL, RE: SIGN HEIGHT AND CONSTRUCTION REQUIREMENTS.
Member Leddy made the motion that Item 2 be tabled until such time
as Griffin Middle School indicates they will have an agent or agents to
represent their request. Motion seconded by Gene Poole, and carried by
a unanimous vote of "aye" by all members present.
3. PUBLIC HEARING; CONSIDERATION OF REQUEST FOR VARIANCE BY
MR. CHAVEZ OF 5141 RAGAN, RE: SETBACKS FROM PROPERTY LINE FOR
ACCESSORY STRUCTURES.
Chairman Johnson read a memo from Mr. Eric Stanton, City
Building Official regarding the request of Mr. Chavez and stating that
the city had no recommendations. The floor was then turned over to Mr.
Chavez to present his case.
After some discussion concerning distance from property line, type
of structure and how difficult it would be to move the structure to
meet the setbacks of the building code, Member Leddy made a motion to
close the public hearing; seconded by Member Stoffregen. The motion
carried as follows:
Ayes: All members present voted "aye"
Noes: None
Member Leddy made the motion to open adjudication. Seconded by
Member Orr and carried by a unanimous vote of "aye."
Discussion disclosed that the violation was insignificant in the
eyes of the members. Member Leddy moved that the variance be granted
as requested; seconded by Member Stoffregen. The motion carried as
follows:
Ayes: All members present voted "aye"
Noes: None.
The variance was granted and Mr. Chavez was instructed to get his
permit for the structure.
Page 2
Board of Adjustment & Appeals
Minutes - June 19, 1985
4. PUBLIC HEARING: CONSIDERATION OF REQUEST FOR VARIANCES BY STOP 'N
GO REGARDING SIGN ORDINANCE
Stop 'N Go did not have a representative present at the meeting.
Member Leddy made a motion that Item 4 be tabled. Chairman Johnson
brought to the attention of the board members that there was a reason
why the sign ordinance was put into effect. Mr. Stanton pointed out
that it was printed in the code.
Member Leddy moved that Agenda Item No. 4 be tabled until the next
meeting; seconded by Member Stoffregen.
Member Leddy made a motion that the meeting be adjourned; seconder:
by Member Poole.
The meeting was adjourned at 8:00 p.m.
Sig
Attest:
P. Pay Layman, Secretary
MINUTES OF THE BOARD OF ADJUST & APPEALS
OF THE CITY OF THE COLONY
JULY 17, 1985
A REGULAR SESSION of the Board of Adjustment & Appeals was called to
order at 19:32. Members present were:
Roosevelt Johnson Chairman
Michael Leddy Member
Gene Poole Member
Russ Stoffregen Member.
1. APPROVAL OF MINUTES
Chairman Johnson asked for any corrections or additions to the
minutes. Russ Stoffregen mentioned that the word "not" had been
omitted from Item 4, page 2. With no other corrections, he made the
motion that the minutes be accepted when corrected to read, "Stop 'N
Go did 'not' have a representative present...." Seconded by Michael
Leddy and carried by an unanimous vote of "aye."
Chairman Johnson asked that all who were planning to give
testimony swear in by signature on a sign -in sheet.
3. PUBLIC HEARING: CONSIDERATION OF REQUEST FOR VARIANCE BY GRIFFIN
MIDDLE SCHOOL RE; SIGN HEIGHT AND CONSTRUCTION REQUIREMENTS.
The representative for Griffin Middle School was contacted prior
to the meeting and, with only four Board Member present, he requested
that the request be held over to the next regular meeting. Gene Poole
made the motion that Item 3 be tabled; seconded by Russ Stoffregen.
Item 3 was tabled by the following vote:
Ayes: All members present voted "aye"
Noes: None.
2. PUBLIC HEARING: CONSIDERATION OF REQUEST FOR VARIANCE BY STOP 'N
GO REGARDING SIGN ORDINANCE.
Chairman Johnson read the request of Mr. Bob Ray of Stop 'N Go.
He then read a memo from Eric Stanton, Building Official, recommending
denial of the request. Mr. Ray then made a presentation giving
reasons the variance was needed. He mentioned that plans were
presented to Mr. Bradburry, the former Building Official, and that the
initial signage package was much large. He expressed his feelings
that the requested signage was essential for store identity. Mr.
Stanton was then asked to commend. He reiterated the allowable
signage as called out in the code and offered an alternate solution,
which was not readily agreed to by Stop 'n Go. After some discussion,
Gene Poole made the motion that the public hearing be closed. The
motion was seconded by Russ Stoffregen, and carried with an unanimous
vote of "aye."
Michael Leddy moved that the meeting be opened to adjudication.
Seconded by Gene Poole. The motion carried unanimously.
After some discussion regarding requests (for 3 logos on the
canopy, 2 gas signs and the allowed monument sign) individually,
Michael Leddy moved that Item I be approved to allow the monument sign
closer than 18' from the property line and that Items 2 and 3 be
tabled until Eric Stanton and a Stop 'N Go representative could meet
to come to a compromise. Gene Poole seconded the motion which carried
with the following vote:
Ayes: All members present voted "aye"
Noes: None.
4. PUBLIC HEARING: CONSIDERATION OF REQUEST FOR VARIANCE RELATING TO
BUILDING SETBACKS FOR THE PROPERTY LOCATED AT 5012 STANLEY.
Chairman Johnson read the request of Mr. Herink, followed by a
memo from Eric Stanton. He then read Section 11-702 regarding
setbacks. Mr. Herink then presented his reasons for the request.
Although the carport would be closer to the property line than that
Page 2
Board of Adjustment & Appeals
Minutes - July 17, 1985
stated in the code, he was not closing the structure in, and therefore
was not blocking the passageway for any emergency entrance. He also
indicated that he needed this carport to house his boat on the
premises and facilitate his medical problems.
Gene Poole moved that the public hearing be closed; seconded by
Russ Stoffregen. After considerable discussion, Russ Stoffregen made
the motion that the variance be accepted with the stipulation that the
structure never be enclosed. Gene Poole seconded the motion. The
motion carried with the following vote:
Aye: All members present voted "aye"
Noe: None.
Michael Leddy then made the motion that the meetingbe closed;
seconded by Russ Stoffregen. The meeting adjourned at/f3:30.
S 1 cN6*d
evelt J
Attest:
P. Ray Layman, Secretary
MINUTES OF THE BOARD OF ADJUST X APPEALS
OF THE CITY OF THE COLONY
AUGUST 21, 1985
A REGULAR SESSION of the Board of Adjustment & Appeals was called to
order at 19:30. Members present were:
Roosevelt Johnson Chairman
Michael Leddy Member
Gene Poole Member
Russ Stoffregen Member.
1. PUBLIC HEARING: CONSIDERATION OF REQUEST FOR VARIANCES BY STOP 'N
GO REGARDING SIGN ORDINANCE
The public hearing for Item I was reconvened. Jack Thompson showed
an illustration of the signs in question. All gas prices will be
displayed on the monument sign rather than separate signs. Canopy
signage will be facing each street. The individual letters will be
back -lighted. Eric Stanton, the Building Official, and Mr. Thompson
had met prior to the Board hearing and had agreed on the recommended
signage. Total signage was clarified. Russ Stoffregen made the motion
to close the public hearing; seconded by Michael Leddy. Motion carried
unanimously. Michael Leddy made the motion to move to adjudication;
seconded by Russ Stoffregen. With no further comments, Russ Stoffregen
made a motion that we amend the variance to agree to the specifications
worked by the City and Stop 'N Go. Michael Leddy seconded the motion
which carried with the following vote:
Ayes: All members present voted "aye"
Noes: None
2. PUBLIC HEARING: CONSIDERATION OF REQUEST OF VARIANCE BY GRIFFIN
MIDDLE SCHOOL, RE: SIGN HEIGHT AND CONSTRUCTION REQUIREMENTS.
Mr. Michael Bennett, representative for the school, described the
sign for which the variance was being requested as being a total of 15'
(pole is 9' and lighted sign is 4-1/2' plus logo). The sign was to be
a two-sided sign. They were asking for variance on height and square
footage. He felt that a one-sided front would be very hard to read.
Michael Leddy then read the following except from the April 27, 1985
minutes into the minutes.
"The reason that they are requesting the variance for an 18 -foot sign
is to protect it from vandalism. Member Leddy said that he had checked
other school signs at Lakeland, Delay and the Lewisville High School,
and he did note that their signs are respectively 10-112, 11 and 9 feet
in height. He also had checked with the principal at Delay Middle
School, who advised them there had been no history of vandalism. He
also added that the high school advised him that one rock had been
thrown in the past 18 months."
Gene Poole made the motion that the public hearing be closed;
seconded by Russ Stoffregen. Russ Stoffregen then made the motion that
they move to adjudication; seconded by Gene Poole. After some
discussion regarding hardship Member Leddy made the motion to table
Item 2 until a 5 -member board could be present. The motion died for
lack of a second. After some further discussion, Gene Poole made the
motion that the variance be denied. Michael Leddy seconded and made
the motion to amend the motion to "denied without prejudice." Gene
Poole seconded. The motion carried by the following vote:
Ayes: All members present voted "aye"
Noes: None.
The request was made that Eric Stanton, Mr. Bennett, and Chairman
Johnson get with Fox & Jacobs and try to work out details to go with
variance which was granted at a previous meeting.
Page 2
Board of Adjustment & Appeals
Minutes - August 21, 1985
3. PUBLIC HEARING: CONSIDERATION OF REQUEST FOR VARIANCE RELATING TO
BUILDING SETBACKS FOR THE PROPERTY LOCATED AT 4725 JENNINGS DRIVE
Russ Stoffregen moved that the public hearing opened; seconded by
Michael Leddy. Mr. Canada indicated that his home was built on very
unlevel terrain. Because of this, he was unable to use a regular gate
to close the fence at his driveway and has installed an overhead door
which goes up instead of to the side. His request is for a 16' by 16'
carport which would help protect the 'gate'. After some discussion of
distances related to setback requirements and the hardships caused by
the rough terrain, Russ Stoffregen made a motion to close the public
hearing. Michael Leddy seconded; motion carried unanimously. Michael
Leddy then made the motion to open for adjudication, seconded by Russ
Stoffregen and carried by a vote of "aye" by all members present.
After discussion, Michael Leddy made the motion to grant the variance
as requested. Russ Stoffregen seconded. The motion carried as
follows:
Ayes: All members present voted "aye"
Noes: None.
Gene Poole then made the motion to close the public hearing. Michael
Leddy seconded. The meeting was adjourned at 8:32 p.m.
Attest:
P. Ray Layman, Secretary