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HomeMy WebLinkAbout02/20/2001 BOA BOARD OF ADJUSTMENT & APPEALS OF THE CITY OF THE COLONY, DENTON COUNTY, TEXAS HELD ON FEBRUARY 20, 2001 CASE No. 01-01 A REGULAR SESSION OF THE BOARD OF Adjustment & Appeals of the City of The Colony, Texas was called to order at 7:10 p.m. with the following members present: Mike Catt Chairman Rob Bauman Vice Chairman Robert Poynter Member Constance Yahwak Member Gary McClure Member Bruce Crutchfield Alternate Gerald Odum Alternate - Absent with one member absent and six members present, a quorum was established. Also in attendance were: Pat Dunlap, Director of Inspection, Designated Officer of the City Inspections Department; Sherry Hutchinson, Recording Secretary. Chairman Catt opened the meeting with a review of Variance Procedures and Requirements. Chairman Catt then asked for Staff, Mr. Dunlap and Applicants, Mr. Bradshaw and Mr. Schroeder to be sworn in; and then the following items were discussed: Item #1: PUBLIC HEARING: Consideration of a variance requested by Southwestern Bell Telephone Company to add to an existing building that is encroaching the building set back line of F.M. 423. Item #2: APPROVAL OF MINUTES: From the March 4, 1999 meeting a request for a variance to allow Romo Realty Corp. a five (5) foot encroachment of a side yard building line of a new residential structure to be located at 4544 North Shore Dr. in the City of The Colony (Appeal No. 99-01). Item #3: NOMINATION: Of Chairman and Vice Chairman. Chairman Catt then asked Mr. Dunlap for his Presentation. Mr. Dunlap gave his Presentation to the Board of Adjustment & Appeals in the case of Southwestern Bell Telephone Company which is located at 7000 Main Street, coming in for a Development Permit. They are wishing to expand their facility there. It is a Southwestern Bell Switching Station. The building is used primarily for equipment and is seldom occupied except for service or maintenance on the building or equipment. The building is not occupied at any particular time. The minimum building set-back from the property line is twenty five (25) feet. The State is requesting thirty (30) feet of additional Right-of-way on F.M. 423, fifteen (15) on each side. This will cause the existing Southwestern Bell building to be only ten (10) feet from the right-of-way and in effect, making the building a legal non-conforming structure. Therefore, a variance to allow the expansion is required. Mr. Dunlap spoke of the State Highway of F.M. 423 (Main Street) right-of-way being ninety (90) feet point of question. Recently the State ask that the right-of-way be increased to one hundred twenty (120) feet and additional thirty (30) feet over what has been in the past. Mr. Dunlap explained that what Southwestern Bell is proposing to do is to expand northward on their property keeping the front wall in line with the existing front wall. Their reason for wanting to keep in line has to do with the size of their cable and the installation of the cable. Mr. Dunlap stated that City Staffhas no objections to this request. Mr. Dunlap asked if there were any questions. Member McClure asked for clarification on the wall in question being basically the wall facing F.M. 423 and would the variance on the right-of-way set back that effectively makes the existing building non-conforming is this correct? Mr. Dunlap replied that is correct. Member Poynter asked had the State already expanded that ninety (90) feet to the one hundred twenty (120) feet. Mr. Dunlap replied yes. Chairman Catt, with the staff presentation having been completed, called on Mr. Bradshaw, representing Southwestern Bell Telephone Company to make his presentation. Mr. Bradshaw told the Board Members that he was contracted by Southwestern Bell to develop the plans and drawings for the building expansion. With him tonight was Rich Schroeder, Project Manager. 2 Mr. Bradshaw thanked Mr. Dunlap for giving such a detailed description. He spoke of having to expand it's capacity due to the sucessful growth and expansion of The Colony and surrounding area in order to provide services. With more people and equipment coming to the building it needs to expand by adding a Basement and expanding the first floor. Mr. Bradshaw said the request is to expand the building using the same building line on the west side. He spoke of the Cable Vault being underground and out of necessities being able to expand in the same pattern previously established. Mr. Schroeder, then told the Board the Vault that the cable goes through is on the west side of the building. Due to the size of the cable, the new Vault must stay in line with the existing Vault and the only way to do that is to expand the building to the north. Chairman Catt asked for any questions. Member Poynter asked how big is the existing building. Mr. Schroeder replied, two thousand (2,000) square feet. Mr. Bauman asked how deep is the existing Cable Vault. Mr. Schroeder replied, between nine (9) to ten (10) feet and it was going to drop down to about fifteen (15) feet. Chairman Catt, with Mr. Bradshaw having concluded his presentation, asked if anyone in the audience wished to speak in support of the request. Alternate/Member Crutchfield had a question as a citizen. He asked Mr. Bradshaw if this was the final expansion. Mr. Bradshaw replied, they were going to construct the foundation strong enough to build a second story within five (5) to ten (10) years. The expansion their going to do now has taken up all the land. Chairman Catt, then asked if anyone in the audience wished to speak against the request. There were none. Chairman Cart, asked Mr. Bradshaw for a rebuttal. Mr. Bradshaw had none. After a brief discussion, there was a Motion to approve - Member McClure; second - Member Poynter. Motion passed with a unanimous vote. Chairman Catt addressed Item #2 - the approval of the minutes from the March 4, 1999 meeting, Case No. 99-01. Motion to approve - Member Poynter; second-Member Yahwak. Motion passed with a unanimous vote. Chairman Catt addressed Item//3 - nomination of a Chairman and Vice Chairman. (Chairman) Motion to nominate Rob Bauman - Member McClure; second - Member Poynter. Motion carried by 4 yeas, 1 abstain. (Vice Chairman) Motion to nominate Mike Catt - Member McClure; second - Member Poynter. Motion carried by 4 yeas, 1 abstain. Chairman Catt said he had one comment, he would like to express his appreciation and thanks to the Secretary, Sherry Hutchison. On behalf of the Board and himself as Chairman of the Board, he thanked Ms. Hutchison for her kind support and help through some trying times in the past years meetings. Ms. Hutchison thanked Chairman Catt and the Board Members for the much appreciated comments. Motion to close the meeting - Member Poynter; second - Member Yahwak. Motion passed with a unanimous vote. Meeting adjourned at 7:50 ording Secretary 4