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HomeMy WebLinkAbout01/22/1997 BOABOARD OF ADJUSTMENT & APPEALS OF THE CITY OF THE COLONY, DENTON COUNTY, TEXAS HELD ON JANUARY 22,1997 Case No. 97-01 A REGULAR SESSION OF THE BOARD OF Adjustment & Appeals of the City of The Colony, Texas was called to order at 7:40 p.m. with the following members present: Mike Catt Chairman Rob Bauman Vice Chairman Robert Poynter Member Constance Yahwak Absent Gary McClure Member Gerald Odum Alternate with one member absent and five members present, a quorum was established. Also in attendance were: Cliff Bormann, Building Official, Designated Officer of the City Inspections Department; Sherry Hutchison, Recording Secretary. Chairman Catt opened the meeting with a review of Variance Procedures and Requirements; and then the following items were discussed: Item #1: PUBLIC HEARING: Cheri Swanson of the First American Title Insurance Company of Texas, representing the home owners, Roderick and Melanie Austin requesting•a variance of the property, 6316 Jennings Drive. The request is for a reduced required yard on the Front and North side (left side as you face the property from the street). Item #2: APPROVAL OF MINUTES: from the January 31, 1996 meeting of the Nomination of a Chairman and Vice Chairman. Item #3: REQUEST: the Building Official requests authority to issue letters of variance for existing minor yard encroachments. Chairman Catt addressed first, Item #2 - the approval of the Minutes from the January 31, 1996 meeting. Motion to approve - Member Poynter; second - Member Bauman. Motioned passed with a unanimous vote. Chairman Catt asked for Cliff Bormann, Building Official with the City and Dale Revercomb representing Roderick and Melanie Austin to be Sworn in. Chairman Catt then asked Mr. Bormann for his Presentation. Mr. Bormann read from his notes to the Board regarding a variance request by Mr. Dale Revercomb, representing Mr. & Ms. Austin for a reduced required yard on the front and north side (left side as you face the property from the Street), their property being 6316 Jennings Drive. Member Poynter asked when was the house built. Mr. Revercomb replied 1978. Member Poynter asked if this house was built before the Ordinance 3-76. Mr. Bormann replied yes. Chairman Catt then called on Mr. Revercomb for his Presentation. Mr. Revercomb read from the Zoning Meeting (1-22-97) on Pages 1 of 4. He told the Board there was a hardship just from the size of the area, then he showed an aerial Map to the Board. After some discussion Mr. Revercomb showed pictures regarding the Building Lines on similar houses compared to 6316 Jennings Drive for record. Mr. Revercomb having concluded his Presentation, Member Catt asked for those in the audience that wished to speak in support of the request. There were none. Those in the audience that wished to speak against the request. There were none. Chairmann Catt entertained a Motion to close the Public Hearing. Motion made - Member Poynter; second - Member Bauman. Motion passed with unanimous vote. During a brief discussion, Mr. Bormann advised the Board that they were only going to address the front yard encroachment at this time. Member McClure asked if neighbors were notified of this variance. Mr. Bormann replied yes and told him of the sheet in the Boards Packet of notification to home owners. Motion to approve the Variance Request - Member Poynter; second - Member Bauman. Motion passed with a unanimous vote. Chairman Catt then asked Mr. Bormann for his Presentation on Agenda Item #3: The Building Official requests authority to issue letter of variance for existing minor yard encroachments. Mr. Bormann then read his presentation from his notes on Home Owners calling for a variance in the selling of their homes. Mr. Bormann passed out to the Board a Procedure for requesting Pg 2 ( V "Letter of No Action". Mr. Bormann then spoke on a few reasons for his variance request. He told the Board that in prior years residential properties were not required to be surveyed. But now lending institutions require surveys each time they sell properties. Mr. Bormann told Board Members that home sales can be lost before time allows to schedule a variance. Mr. Bormann then asked for any Questions. Mr. Poynter mentioned by State Law if someone comes in for a variance it could not be refused, that it had to come to the Board. Mr. Bormann said he understood that and paper work would be processed and sent to the Board. He said that the majority of these requests had requested a letter and did not request to go to the Board for a variance. Mr. Pointer told Mr. Bormann the Board could not give him that power. Mr. Bormann explained to Mr. Pointer that he would not be giving a variance. Chairman Catt told Mr. Bormann he personally had no problem with the Letter, but he would like to know what the letter was and how many letters would be coming in. Chairman Catt asked to look at the letter and then read it. The letter was an example of the one City of Lewisville uses. Chairman Catt told Mr. Borman speaking on behalf of the Board, the Board has no authority to grant him this, but to just make sure the letter had in it if some action was needed to be taken in the future a variance would need to be granted by the Board of Adjustment and Appeals. Mr. Borman assured Chairman Catt nothing in the letter would say he granted a variance. After lengthy discussion a Motion was made to disregard Item #3 - Member Pointer; second - Member McClure. With more discussion on the Board not being able to grant Mr. Borman authority, Member Pointer withdrew his Motion, Member McClure withdrew his also. Member Pointer then made a Motion to Deny Agenda Item #3; second - Member McClure. Motion passed with unanimous vote. A Motion to then acknowledge the intent of Mr. Bormann to issue letters of "No Action" using the Lewisville Letter as a Model and providing a copy to the Board and giving the letters to Sherry Hutchison, Inspections Dept. Secretary to be sent in Packets at future meetings. Member McClure; second - Member Pointer. Motion passed with a unanimous vote. Chairman Catt entertained a Motion to adjourn the meeting. Motion made - Member Pointer; second - Member Bauman. Motion passed with a unani Meet' ydjourned at 9:00 p.m. Mike CatVthairman erry c on, Recording Secretary 9-5-7 Pg 3