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HomeMy WebLinkAbout01/18/1989 BOABOARD OF ADJUSTMENT & APPEALS OF THE CITY OF THE COLONY, DENTON COUNTY, TEXAS HELD ON JANUARY 18, 1989 A REGULAR SESSION OF THE BOARD of Adjustments & Appeals of the City of The Colony, Texas, was called to order at 19:40 p.m. with the following members present: Gene Poole Michael Leddy Gary LaCrone John Perry Roosevelt Johnson Ralph Sears Chairman Member Member Member Member - absent Member - absent Bob Hutchison, Designated Officer of the City Inspections Department was present. Mike Russell, Building Official of the City of The Colony was also present. 1. APPROVAL OF MINUTES: The minutes of the January 20, 1988 meeting were approved with all ayes. 2. PUBLIC HEARING: Consideration of a request for variance made by Don Williford, representative for Braums Ice Cream, to allow two 30 foot wide drive approaches which would not meet the required 75 foot distance between approaches in accordance with City of The Colony design standards. Board Chairman Gene Poole asked for a vote on the hearing of this variance by only four Board Members. Vote was passed by majority of residents present. At this time, Chairman Poole opened the meeting to discuss the request for a variance to allow construction of the driveways as proposed by Braums. Don Williford, representing Braums, spoke on behalf of his request for two 30 foot approaches in place of the required 24 foot wide approaches, which would put the approaches closer together than the required 75 foot distance. He said the request was based on safety factors from studies conducted by Braums. The additional driveway width would make ingress and egress to the store easier. Mr. Bob Van Til, Admin. Planner for the City of The Colony, said that the submitted plans do not reflect our driveway separation standards, and the acceptance of the appeal by the Board would allow other businesses to do the same. Mr. Van Til indicated the necessity to follow the City's safety standards that had been approved for the use by all businesses. Mr. Van Til asked the Board to not pass this variance based on the need to uphold these standards. Board Member Michael Leddy assured Mr. Van Til that no individual case will set a precedence for future Board approval. Ms. Leslie Shaw, resident of 4713 Chowning Cir., voiced her concern for her children's safety and the safety of the other neighborhood children playing in alleyways located near the proposed Braums store. Her reason was the increased traffic flow Braums would create. cont. of Braums variance Chairman Poole said that he personally understood her issues on child safety, but that the Board could vote only on the issue of the variance, and not other issues. Ms. Leslie Shaw then asked why they received a letter to attend the variance meeting. Member Leddy explained that variance procedures require notifying property owners within a 200 foot radius of the property seeking the variance. Chairman Poole then asked Mr. Van Til if the approval of Braums request would hamper traffic flow on Main St. in front of Braums. Mr. Van Til replied yes. Member Perry asked Mr. Williford what would substantiate his request based on safety factors. Mr. Williford replied that Braums experience with existing stores constructed as submitted for this variance indicated that traffic flow on the property was more efficient, allowing cars to enter and exit more safely. Chairman Poole made a motion to close the Public Hearing. Board Member Leddy seconded, and carried by all ayes. Chairman Poole motioned to begin closed discussion for adjudication of the variance. Member Leddy seconded. In closed discussion, Board Members reviewed the request. No proof of hardship to the applicant was indicated that would necessitate Board approval. Member Perry proposed a motion to grant the variance. No Board Member seconded. Chairman Poole denied the request for variance. Meeting adjourned at 20:05 c Gene PooChairman "rver, ecor ing Secretary BOARD OF ADJUSTMENT & APPEALS OF THE CITY OF THE COLONY, DENTON COUNTY, TEXAS HELD ON JANUARY 18, 1989 A REGULAR SESSION OF THE BOARD OF Adjustments & Appeals of the City of The Colony, Texas, was called to order at 20:10 p.m. with the following members present: Gene Poole Michael Leddy Gary LaCrone John Perry Roosevelt Johnson Ralph Sears Chairman Member Member Member Member - absent Member - absent Bob Hutchison, Designated Officer of the City Inspections Department was present. Mike Russell, Building Official of the City of The Colony was also present. 1. APPROVAL OF MINUTES: The minutes of the January 20, 1988 meeting were approved with all ayes. 2. PUBLIC HEARING: Consideration of a request for variance made by Narrain Ostowar, 4136 Gardner Dr., to park a com- mercial vehicle on residential property, used in connection with a home occupation. At this time, Chairman Poole opened the meeting to discuss the request for a variance to park a non -passenger vehicle used in connection with Ostowar's home occupation on their residential lot. Charles Ashford, resident on 4137 Durbin, spoke against the variance due to a safety problem from too many commercial vehicles parked in alleys and practicing illegal businesses from homes. Resident Juleious Rills, on 4133 Gardner Drive, said the parking of the ice-cream truck in the back did not bother him, but parking the truck in front of the residence was distracting to the neighborhood. Board Member Michael Leddy then read a letter for the record submitted for Daniel Leung of 4137 Gardner Dr. stating his objection to commerical vehicles being allowed to park in residential areas, and having home occupations. Ms. Ostowar's counselor, indicated there was no commercial activity on the property at 4136 Gardner Dr. He said there was a hardship parking the ice-cream truck any where else, due to income losses. Board Member John Perry asked Ms. Ostowar if she posessed a vendor license from the City of The Colony for her ice-cream truck. Answered yes. Board Member Michael Leddy then asked where Gardner Dr. was located in The Colony. Resident responded "in Lakeway Estates". Member Leddy then asked if the City Representatives had any comments. Mike Russell, Building Official for The City of The Colony indicated previous contact had been established with the Ostowars, and that they were issued a Health. Permit for the ice cream truck as in the past. Mr. Russell also stated the Ostowars had moved a legally parked ice-cream truck from the street in front of their residence following neighborhood complaints. cont. of Narrain Ostowar's variance Chairman Gene Poole requested Board Members to interpret the classification of the ice-cream truck as a commercial vehicle, or a service truck in connection with a home occupation. Discussion followed. Board Member Gary LaCrone, asked if there was a sign on the ice-cream truck. Residents replied "yes". After lengthy discussion with residents concerning their objections to the parking of the truck, Chairman Poole made a motion to close the Public Hearing. Board Member Leddy seconded, and carried by all ayes. Chairman Poole motioned to begin closed discussion for ad- judication of the variance. Member Leddy seconded. In closed discussion, Board Members reviewed the request. No proof of hardship to the applicant was indicated that would necessitate Board approval. The ice-cream truck was defined as a non -passenger vehicle used in the home occupation. Member Perry proposed a motion to grant the variance. No Board Member seconded. Chairman Poole denied the request for variance. Meeting adjourned at 22:25 In closed session at 22:25, a Board Election was called for a new Chairman. Chairman Poole, nominated Board Member Michael Leddy. Nomination carried with all ayes. Gene Poole, Chairman "ryX-cgXor, Recording Secretary