HomeMy WebLinkAbout06/21/1989 BOABOARD OF ADJUSTMENT & APPEALS
OF THE CITY OF THE COLONY, DENTON COUNTY, TERAS
HELD ON
JUNE 21, 1989
A REGULAR SESSION OF THE BOARD OF Adjustments & Appeals of the
City of The Colony, Texas, was called to order at 19:45 p.m.
with the following members present:
Michael Leddy
Chairman
Gene Poole
Member
Gary LaCrone
Member
John Perry
Member - absent
Roosevelt Johnson
Member
Ralph Sears
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 Appeal No. 89-01 of
January 18, 1989, were approved with corrections. The minutes
of Appeal No. 89-03, April 19, 1989 were approved.
2. PUBLIC HEARING: Consideration of a request for variance
made by Juan M. Cantu, requesting continuation of a non-
conforming use.
At this time, Chairman Michael Leddy opened the meeting
with the reading of the request for a variance for a continuation
of a non -conforming use.
Chairman Leddy, then read a letter addressed to Linda Cantu,
dated March 9, 1989 explaining the residence is a non -conforming
use in a commercial zone, to be entered into the records. Chair-
man Leddy also asked that the letters sent to residents within
a 200 foot radius be entered into the record.
Chairman Leddy entertained a motion to open the Public
Hearing, Member Gene Poole motioned to open Public Hearing,
Member Gary LaCrone seconded.
Juan Cantu presented documents for record pertaining to
the upkeep of his property at 7420 Elm Street. Marked for record
as exhibts 1, 2, 3, 4, & 5.
Chairman Leddy asked Mr. Cantu how long he had owned the
property at 7420 Elm Street. Mr. Cantu answered a little over
4 years.
Mr. Cantu presented his case in an attempt to show the
Board Members that he was trying to comply with the rules and
regulations of The City of The Colony, and that the property
was not abandoned.
Chairman Leddy asked Mr. Cantu if the property was ready
to occupy. Mr. Cantu replied y.:s.
Chairman Leddy then asked if any City person had been to
the property. Mike Russell, Building Official for The City
of The Colony replied yes, on June 20, 1989.
cont. of Juan Cantu variance
When asked by Chairman Leddy if the City had any statements,
Mr. Russell explained the definition of abandonment as written
in The City of The Colony Zoning Ordinances.
Chairman Leddy asked Mr. Russell if he had been to the
property, he replied no but that Inspector Judie Talbot had
taken pictures for him on June 20, 1989 at 3:45 p.m.
Member Roosevelt Johnson asked that the pictures be entered
into record.
Chairman Leddy asked if anyone had anything else to say.
Bob Hutchison, Building Inspector for the City of The Colony
explained the interpertation of abandonment as used in the Zoning
Ordinances to also mean vacating the premise for a period of
90 days.
Chairman Leddy entertained a motion to close the Public
Hearing. Member LaCrone made a motion to close Public Hearing.
Member Poole seconded.
In closed discussion Board Members reviewed the request.
After some discussion, Chairman Leddy made a motion to
accept the variance. Member LaCrone seconded. Member Poole
made a motion to amend the variance.
Then after some discussion by the Board of various methods,
the Board voted to accept the amendments; to wit:
Structure to be occupied within 30 days from today
(June 21, 1989) and that if vacated for more than 45
days the variance is null and void. In addition the
only owners that this variance pertains to is present
owner Juan Cantu.
Chairman Leddy asked for a vote to accept the variance
as amended.
All in favor as amended
4 ayes
None opposed
Variance Granted as amended.
Chairman Leddy entertained a motion to close meeting. LaCrone
seconded. Carried by all ayes.
Meeting adjourned at 21:00
Sherry HuteblZon, Recording Secretary
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