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HomeMy WebLinkAbout08/31/1995 BOABOARD OF ADJUSTMENT & APPEALS OF THE CITY OF THE COLONY, DENTON COUNTY, TEXAS HELD ON AUGUST AUGUST 31, 1995 CASE NO. 95-01 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: Tim O'Neill Mike Catt Rob Bauman Robert Poynter John Mitchell Gary McClure David McCreary Chairman Vice Chairman Member Member - Absent Member Alternate Alternate and with one member absent and six members present, a quorum was established. Also in attendance were: Tom Cravens, Director of Public Works, Designated Officer of the City Inspections Department; Sam Chavez, City Planner; Sherry Hutchison, Recording Secretary. Opening the meeting at 7:33 p.m., Chairman O'Neill read an overview of Variance Procedures and Requirements; at which time the following items were discussed: Item #1: PUBLIC HEARING: As requested by Arthur Gibson to hear and decide appeals where it is alleged there is error on any order, requirement, decision or determination made by the Building Official in the enforcement of this ordinance. Item #2: APPROVAL OF MINUTES: From the November 2, 1994 meeting, Case No. 94-04 - request by Michael and Teresa Csolak allowing a six (6) foot wood privacy fence erected on a lot that has a double froiitage. Item #3: CONSIDERATION: Of any arpropriate action regarding the election of new Officer:,. At this time Chairman O'Neill asked that Staff and Applicant and anyone for or against this case to come forward and be sworn in. J Chairman O'Neill then asked for the City Staff Presentator to give his Presentation. Mr. Cravens presented to the Board a map to show the location of the site saying the site in question is at 423 North of South Colony Blvd. in front of TCI Cable, owner Aurther Gibson. Mr. Cravens advised the Board that Mr. Gibson submitted an application to the Board of Adjustment and Appeals for a variance to allow storage of Rental Equipement in a Shopping Center zone. Mr. Cravens then said the storing of Rental Equipment in a Shopping Center zoning is not allowed. Mr. Cravens told the Board the application was not received because the Board of Adjustment & Appeals does not have the jurisdiction to give a variance on uses in a particular zoning district. Mr. Cravens told the Board that Mr. Gibson then submitted another application for Variance to appeal the decison of the Building Official on the application for allowing the Rental Equipment in a Shopping Center District. Mr. Cravens said the Zoning Ordinance for The Colony did not have the Truck Rental classification and Mr. Gibson was asking for an interpretation of the Building Official to put the Truck Rental Equipment in the Tool and Equipment class- ification. Mr. Cravens said the second application was accepted and the only thing that could be considered, would be the over turning of the decision of the Building Official. Mr. Cravens said he had consulted with the City Attorney and that Mr. Pete Eckered stated that the Board of Adjustment and Appeals has no jurisdiction in zoning issues or zoning uses. Mr. Cravens then read the last sentence in the first paragraph of the statement from the City Attorney, saying he realized he had made a mistake accepting the application from Mr. Gibson. Mr. Cravens then mentioned to the Board that they were given a letter from one of the surrounding property owners not present, Mr. Slover, on Sutton Place, also a copy of part of a Zoning Ordinance talking about unlisted uses. Mr. Cravens then asked for any questions. Member Bauman asked Mr. Cravens if he was suggesting the Board not hear this case now. Mr. Cravens said a Public Hearing had been called so the Board had to hear the case. Member Bauman asked Mr. Cravens about the Snow Cone Stand that was located on the property in question, what is the classification of it. Mr. Cravens replied - a Temporary Sales and Temporary Sales are allowed. Pg 2 1 Member Bauman asked if the exsisting ground cover was in compliance. Mr. Cravens replied he believed it was. Chairman O'Neill asked for any more questions. There were none. With the Staff Presentation having been completed Chairman O'neill asked for the Applicants Presentation. Ms. Gibson said her and Mr. Gibson were there asking the Citizens of The Colony for help in their situation. She said they have asked the City of The Colony to allow them to park their U -Haul Vehicles on their property at 5200 Main zoned Shopping Center. Ms. Gibson said they were denied going before the Board and told the Board of Adjustment and Appeals could not make a decision to allow them to park U -Haul Vehicles. She said she was going to appeal Mr. Cravens decision as to the correctness of his interputa- tion. Ms. Gibson said parking the U -Hauls on their property zoned Shopping Center was no more offensive than customers cars parked in other Shopping Centers such as Brookshires and Winn-Dixie. She felt Mr. Cravens not letting them park U -Hauls there was overly restric- tive. Mr. Gibson gave to the Board for record, paper work received in 1992 for being cited for Section 120 - 121 and Signage, saying The Colony Municipal Court read not guilty. Chairman O'Neill asked Mr. Gibson if he ever requested a zoning change. Mr. Gibson replied he did not need to. Ms. Gibson spoke of the importance of the U-Hauls.for residents in The Colony and that if residents could not get a U -Haul in The Colony, they would have to go to Plano or Carrollton to rent one. Also they give the School Band and Churches in The Colony discount rates. Ms. Gibson said if they did not get this variance it was going to hurt The Colony. Chairman O'Neill closed the Public Hearing. After a brief discussion Member McClure made a motion to grant Mr. Gibson's appeal to over rule Mr. Cravens decision. Member Bauman; second. Board was polled with 3 nayes - 2 ayes; motion failed. Chairman O'Neill then went into the next item on the Agenda. Ulm 1 Item #2: APPROVAL OF MINUTES: Approval of the minutes Case No. 94-04 from the November 2, 1994 meeting. Member Mitchell made a request not to allow more than thirty (30) days before approving the minutes from any variance. All Members agreed. Motion to approve the November 2, 1994 Minutes - Member Bauman; second - Member Catt. Motion passed with a unanimous vote. Chairman O'Neill then went into the next item on the Agenda: Item #3: CONSIDERATION: Of any appropriate action regarding the Election of new Officers. Chairman O'Neill asked the Board Members to change the voting date of Chairman and Vice Chairman of the Board of Adjustment & Appeals to January instead of June, keeping offices until then. Member Mitchell said he would also like to be standard to the other City Boards by voting in January. Motion to change voting to January and keeping Offices until then - Member Mitchell; second - Member Bauman. Motion passed with a unanimous vote. With no further business, the meeting adjourned at 9:00. erry hison, Recording Secretary Ulm