HomeMy WebLinkAbout12/15/2004 BOA
Board of Adjustment December 15, 2004
I MINUTES OF THE BOARD OF ADJUSTMENT
A meeting of the Board of Adjustment of the City of The Colony, Texas was called to
order at 6:25 p.m. on the 15th day of December, 2004 at City Hall with the following
members present:
Mike Catt, Vice Chairman
Gerald Odum
Connie Yahwak
Duane Sanders
Absent:
Robert Poynter, Chairman - Personal
Staff:
Harry Persaud, Director of Development Services
Bob Hager, City Attorney
Lauren Odell, Planner
I Sandy Vondersaar, Administrative Assistant
With four (4) members present, a quorum was established and the following items were
addressed:
ITEM #2: DISPOSTION OF MINUTES: Acceptance or correction and acceptance of
the Board of Adjustment Minutes for a meeting held on October 13, 2004.
Motion to approve the minutes of the meeting held on October 13, 2004, Member
Sanders; second Member Odum. Motion carried 4-0.
ITEM #3: PUBLIC HEARING: Vice Chairman Catt opened the public hearing at 6:27
p.m.
Hold a public hearing and consider a request on an application made by Chuong
and Ann Nguyen, for a variance regarding the masonry wall requirement approved
by Ordinance No. 61, Section 18-102, situated on the west side of Main Street,
located on Lot 17R, Block 6, in The City of The Colony, Denton County, Texas.
(2004- V003)
Mr. Anthony Vecchio of A V Construction, 2625 Sir Lancelot Boulevard, Lewisville,
Texas 75056, was present to represent the applicant.
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Board of Adjustment December 15, 2004
Vice Chairman Catt swore in Mr. Vecchio and Staff Member Lauren Odell.
Ms. Odell presented the staff report regarding approval of a variance to Section 18-102 of
the Comprehensive Zoning Ordinance regarding a masonry wall requirement for Lot
17R, Block 6, Garza-Little Elm Estates located on the west side of Main Street north of
Lake Highlands and south of Lake Park.
Notices were mailed to the property owners within 200 feet of the subject tract. At
meeting time no responses had been received.
Mr. Vecchio stated the applicant was in agreement with the landscape screening.
Vice Chairman Catt asked if anyone wished to speak in favor of the variance. No one
came forward.
Vice Chairman Catt then asked if anyone wished to speak in opposition of the variance.
No one carne forward.
Vice Chairman Catt closed the public hearing at 6:38 p.m.
Member Sanders had the following concerns:
1. Is the pond/pool shown in attachment #2 , far enough away from the site?
2. Is the owner responsible for the maintenance and replacement, if necessary, of the
plants at the site?
3. Right of Way for 423 expansion?
4. Who is responsible for replacing existing fences?
Staff responded to Member Sanders questions:
1. Yes, the pool is 36' from the site.
2. Yes, the owner is responsible for maintenance and replacement of the plants.
3. There is a Right of Way Dedication for the 423 expansion.
4. The surrounding property owners are responsible for the repair and replacement
of their own fences.
Member Sanders inquired when the work will be completed.
Ms. Odell stated as soon as possible.
Staff recommends approval of 2004- V003, providing for a variance from the masomy
wall requirement and to allow a landscaped screen.
A motion to approve an application made by Chuong and Ann Nguyen, for a _..-.-
variance regarding the masonry wall requirement approved by Ordinance No. 61,
Section 18-102, situated on the west side of Main Street, located on Lot 17R, Block 6,
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Board of Adjustment December 15, 2004
I in the City of The Colony, Denton County, Texas (2004- V003) subject to the
stipulation that the applicant will install and maintain a greenery screen, Member
Yahwak; second, Member Sanders.
The secretary called the roll:
Vice Chairman Catt - Yea
Member Yahwak - Yea
Member Odum - Yea
Member Sanders - Yea
Motion carried 4-0.
With no further business, the meeting adjourned at 6:51 p.m.
Immediately following the meeting a work session to discuss the functions and
responsibilities of the Board of Adjustment and Sign Board of Appeals was conducted by
City Attorney Bob Hager.
I Mi~i!11:
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~a J{i7~¥t:'~-
Sandy V ~saar, Recording Secretary
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