HomeMy WebLinkAbout06/19/1991 BOAz
BOARD OF ADJUSTMENT & APPEALS
OF THE CITY OF THE COLONY, DENTON COUNTY, TEXAS
HELD ON
JUNE 19, 1991
A REGULAR SESSION OF THE BOARD OF Adjustments & Appeals of the
City of The Colony, Texas, was called to order at 7:25 p.m. with
the following members present:
Roosevelt Johnson
Gary LaCrone
Robert Poynter
Tom Bogan
Gene Poole
Danny Whited
Alton Paris
Quorum Present
Member
Member
Member
Member
Member
Member - absent
Member - absent
David A. Rolbiecki, Building Official, Designated Officer of
the City Inspections Department was present.
Member Roosevelt Johnson read an overview of Variance Procedures
and Requirements.
1. NOMINATION OF CHAIRMAN & VICE CHAIRMAN:
(CHAIRMAN) Member Poynter nominated Roosevelt Johnson, Member
LaCrone seconded, and carried by all ayes.
(VICE CHAIRMAN) Member LaCrone nominated Gene Poole, Member
Bogan seconded, and carried by all ayes.
2. APPROVAL OF MINUTES: The minutes of Appeal No. 89-04 of
June 21, 1989 were tabled until the Secretary can change
the name of Chairman from Michael Leddy to Roosevelt Johnson.
3. PUBLIC HEARING: Consideration of a request for variance
by Robert & Linell Redden, owners of #8 Holden Circle, to
allow a continuation of a non -conforming use.
At this time, Chairman Johnson had David Rolbiecki review the
non -conforming use of accessory structures, at the address of
#8 Holden Circle.
Mr. Rolbiecki entered into record Exhibits A, B, Bl - pictures
of structures in question showing the relationship between struc-
tures and property line.
- Exhibit C - Planning Guidelines For Leased City Owned Land
- Exhibit D - Accessory Building & Structures Regulations
- Exhibit E - Memo to Bill Hall, regarding Mr. Rolbiecki's visit
to #8 Holden Circle.
- Exhibit E1 - Method for determining accessory structures.
Mr. Rolbiecki stated for the record that the Redden's did not
have a signed Lease Agreement.
- Exhibit F - Letter sent to abate or appeal.
- Exhibit G - Redden's application for Variance.
Mr. Rolbiecki recommended the Board approve the request due to
an unusually shaped yard making it difficult to comply with local
ordinances and a permit was issued basically by accident.
In addition Mr. Rolbiecki suggested that two stipulations should
accompanie the approval:
(1) Redden's sign a City Lease Agreement
(2) If the Redden's move the Shed must be disassembled.
Chairman Johnson swore in those that wished to appear before
the Board.
Chairman Johnson
entered in Exhibit H - Sign In Sheet.
Presentation by Ms. Redden: Ms. Redden presented Documentations
to the Board for
review. The documents are labled as follows:
Exhibit I:
IA
Sales Receipt
IB
Miscellaneous Sales Receipts
IC
Miscellaenous Fees: Permit, Variance
Appeal, Etc.
IIA
Copy Front of Permit Application
IIB
Copy Back of Permit Application
IIC
Permit
IIIA
Survey as Done by Normal Neil 3/6/85
IIIB
Statement by Virgil Polk, Operations
Manager, Fox and Jacobs
IIIC
Original Survey as Done By Fox and
Jacobs
IV
Plat of Surrounding Area Showing Footage
of Back Property Lines
Ms. Redden called City Manager, Bill Hall and City surveyed the
Redden's property. Redden's thought they were within their property
lines but found they weren't.
Ms Redden spoke with Mr. Hall on April 18, 1991 regarding two
complaints on the next block of neighbors having their views
of the Lake blocked from the Redden's shed.
- Exhibit J - Consisted of a number of pictures showing storage
shed and where they believed their property lines
to be.
Chairman Johnson asked for Presentations from those in favor
of the variance.
- Exhibit K - Mr. Rolbiecki submitted a letter from Mr. & Mrs.
Gunter in favor of the variance.
Chairman Johnson asked for Presentations from those not in favor
of the variance.
Bud Carpenter spoke in disagreement with the variance and pointed
out several reasons indicated by the exhibits he entered.
- Exhibit L - Planning Guidelines for Leased City Owned Land
- Exhibit M - Letter to Stephen D. Mitchell on September 27,
1989 from Mike Russell, Operations Manager of the
City of The Colony, TX.
- Exhibit N - Second letter to Mr. & Mrs. Stephen Mitchell on
June 27, 1990 from Bill Hall, City Manager, cc:
Mayor Amick, Councilman Burchard, Councilman Manning
Chairman Johnson asked for Redden's comments on rebutle: Ms.
Redden spoke on being issued a permit after the shed was up.
She felt the survey Mr. Rolbiecki did was not official. She
felt basis of Hardship was (1) Shape of Lot, (2) Utility Ease-
ment, (3) Garage Conversion was made for needed living area.
Member LaCrone read the Variance Appeal.
Chairman Roosevelt entertained a motion to close the Public Hear-
ing. Member Bogan made a motion to close the Public Hearing.
Member LaCrone seconded. Carried by all ayes.
In closed discussion, Board Members reviewed the request. No
proof of hardship to the applicant was indicated that would necessi-
tate Board approval.
Chariman Johnson entertained a motion to except or deny the variance.
Member Poynter made a motion to accept the Hot Tub but to deny
the Storage Shed. Member Bogan seconded. The Board was poled,
4 yes 1 no.
Chairman Johnson entertained a motion to close meeting. Member
Poynter motioned to close. Member Bogan seconded. Carried by
all ayes.
Meeting adjourned at 9:05