HomeMy WebLinkAbout03/25/2004 BOA
I BOARD OF ADJUSTMENT
OF THE CITY OF THE COLONY, DENTON COUNTY, TEXAS
HELD ON
MARCH 25, 2004
CASE NO. 2004-VOOl
A REGULAR SESSION OF THE BOARD OF Adjustment ofthe City of The Colony,
Texas was called to order at 6:05 p.m. with the following members present:
Rob Bauman Chairman
Robert Poynter Member
Gerald Odum Member
Connie Yahwak Member
Mike Cart Member
Duane Sanders Alternate
Staff:
I Chris Spencer, Planning & Development
Dale McKendrick, Plans Reviewer
Sherry Hutchison, Recording Secretary
With five (5) Board of Adjustment Members present, a quorum was established and the
following items were addressed:
ITEM #1: CALL MEETING TO ORDER: Chairman Bauman called the meeting to
order at 6:05 p.m.
ITEM #2: ACCEPTANCE OR CORRECTION & ACCEPTANCE OF MINUTES:
of Board of Adjustments minutes for a meeting held on December 11, 2003.
Case No. 2003- V002.
Motion to approve the minutes of the meeting held on December 11,2003, Member
Poynter; second, Member Odum. Motion carried 5-0.
ITEM #3: PUBLIC HEARING: Hold a public hearing and consider a request on an
application made by Jeff & Tatiana Lankford, for a variance regarding the minimum side
yard setback for Planned Development District "PD-8" approved by Ordinance No. 954,
situated at 3909 Teal Cove Lane, located on Lot 15, Block G, Stewart Peninsula
I Southshore Phase II, in The City Of The Colony, Denton County, Texas. (2004-VOOI)
Chairman Bauman asked Staff, Chris Spencer, Applicant, Jeff & Tatiana Lankford, and
anyone else wishing to speak on the variance to be sworn in.
Chairman Bauman asked Staff Member, Chris Spencer, for his presentation.
I Mr. Spencer presented the staff report regarding a request made by Jeff & Tatiana
Lankford for a variance regarding the minimum side yard setback for Planned
Development District "PD-8" approved by Ordinance No. 954, situated at 3909 Teal
Cove Lane, located on Lot 15, Block G, Stewart Peninsula Southshore Phase II, in The
City of The Colony, Denton County, Texas.
Mr. Spencer summarized, Ordinance No. 954 states under Tract A-Parcel 2, Minimum
Side Yard shall be Eight (8) feet except for comer lots which shall have a minimum side
yard often (10) feet. Lots abutting Lake Lewisville may reduce the side yard to six and a
half(6.5) feet if the total side yard dimensions are sixteen (16) feet combined.
Currently Lot 15 is in compliance with Ordinance No. 954 with a side yard setback of
12.7 feet.
Mr. Spencer stated that the Ordinance No. 01-1331 approved on December 17, 2001
amended Section 105.2 of the International Residential Code requiring anyone-story
accessory building in excess of 120 sq. ft. obtain a building permit.
He informed the Board Members, the accessory building located on Lot 15 applied for a
building permit in order to comply with Ordinance No. 01-1331.
I Twelve (12) notices were sent out to those within 200 feet. At the time of this
presentation staff, had received six (6) notices in opposition, none undecided and none in
favor.
Mr. Spencer informed the Board Members that the permit was denied because the
proposed location was in direct conflict with the side yard setback as defined in
Ordinance No. 954.
Mr. Spencer then told the Board Members that Dale McKendrick, Inspections
Department Plans Reviewer was here to answer any questions on Building Codes or
Setbacks.
There were no questions.
Chairman Bauman asked if staff had a recommendation.
Mr. Spencer replied no.
Chairman Bauman then called on the applicant Jeff Landford for his presentation.
Mr. Landford stated that the purpose for building a storage building was to store
equipment. Mr. Landford hired a contractor and acquired a loan. During the permitting
I process Mr. Landford told the board that he was lead to believe there was an ordinance
that would allow him to acquire a building permit for an accessory building. He spoke on
his hardship being the easements.
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Chairman Bauman asked for anyone in favor to speak.
I None
Chairman Bauman asked for anyone against to speak.
Bob Malik, told the Board Members that he lives two (2) doors down rrom Mr. Landford.
When he bought his home there was an outline of what home owners of Stewart
Peninsula could and could not do. If this variance is approved it would be a direct
violation of their conveyance. He informed the board members that there was a
miscommunication when he visited with Ms. Landford, she talked of the structure being
a living quarters not a storage building.
Chairman Bauman called on the applicant for a brief rebuttal.
Mr. Landford asked that his contractor Jonathan Mauslin with Kenwood Exteriors be
allowed to speak.
Mr. Mauslin told the Board Members that this structure would be a storage building not a
living quarters.
After the discussion, Chairman Bauman closed the Public Hearing 6:45.
During closed discussion, Member Catt spoke regarding the Homeowners Association
co eyance and the zoning ordinances his concern being the amount of run-off in the
slo f the area. It would seem to him the only choice would be to put some kind of a
orage facility within the Corp property area towards the back of the lot.
-lJ; Motion to deny the variance regarding the minimum side yard setback for Planned
Development District "PD-8" approved by Ordinance No. 954, situated at 3909 Teal
~~1 Cove Lane, located on Lot 15, Block G, Stewart Peninsula Southshore Phase 1lI, in The
ri'\ City of The Colony, Denton County, Texas, Member Poynter; second, Member Catt.
Motion Carried 4-1. Variance Denied. 'i I I A
With no further business, the meeting adjourned at 7:00 p.m. -H,.
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.~ Rob Bauman, Chairman
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