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HomeMy WebLinkAbout04/13/2005 BOA I I I Board of Adjustment April 13, 2005 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 7:00 p.m. on the 13th day of April, 2005 at City Hall with the following members present: Mike Catt, Chairman Duane Sanders, Vice Chairman Gerald Odum Donna McCright Staff: Harry Persaud, Director of Development Services David Dodd, City Attorney Larry Lee, Senior Building Inspector Lauren Odell, Planner Sandy V ondersaar, Administrative Assistant With four (4) members present, a quorum was established and the following items were addressed: ITEM #2 - PUBLIC HEARING: Hold a public hearing and consider a request on an application made by Robert Webster, for a variance from the area regulations approved by Ordinance No. 61, Sections, 11-402.2, 11-501.8, 11-702.3.a, and 11-704. The subject property is located on Lot 1, Haven Hills Mobile Home Estates and is situated northeast of the intersection of Anderlan Road and Sunset Circle (2005- V003). Chairman Catt opened the public hearing at 7:02 p.m. He then swore in Applicant Robert Webster, 4333 Sunset Circle, The Colony, Texas 75056 and Staff Members Lauren Odell and Larry Lee. Ms. Odell presented the staff report regarding a request for a variance from the area regulations for the property located on Lot 1, Haven Hills Mobile Home Estates, 7452 Anderlan Road. In addition Ms. Odell also gave the following power point presentation: Variance request: . Front yard setback for the proposed storage building of less than twenty-five (25) feet . Side yard setback for the proposed storage building within twenty (20) feet of the boundary of the mobile home district . Rear yard of the storage building ofless than three (3) feet . Building height of the storage building exceeding eight (8) feet and exceeding the height of the main building - 1 - Board of Adjustment April 13, 2005 Timeline and Summary: · December 2004 1. Anonymous complaints received 2. Inspector visited property 3. Applicant came to Building Inspections Department and was given permit application and list of required documentation 4. Application for 12' x 24' barn style storage building submitted on December 30, 2004. Applicant reminded of required documentation for permit approval · February 2005 1. With no documentation submitted, the permit was denied on February 15, 2005 · March 2005 I. City staff observed construction at property 2. Staff sent applicant certified letter advising him to stop all construction and apply to the BOA for a variance · April 2005 1. Staff visited the property and previously mentioned violations were observed In the event the requested variance is approved: · Obtain a building permit 1. Meet requirements of the 2000 International Residential Code as listed in Article AEI0l through AE605 2. Submit other documentation as deemed necessary and appropriate by the Building Inspections Department The structure must be dismantled and removed if: · The request for variance is denied · The applicant cannot meet the stipulations of the variance approval · Building code requirements cannot be met Photographs of the property and structure were also included with the above report. Attorney Dodd submitted to the Board and Mr. Webster the purpose of this proceeding is for Mr. Webster to show why he has a hardship and why he has to build across property lines. The burden is on Mr. Webster. - 2 - I I I Board of Adjustment April 13, 2005 Applicant Webster then gave the following presentation including pictures. Chairman Catt informed Mr. Webster the pictures should be left with the Board as a permanent record. Mr. Webster responded; "Oh, okay." He stated he was under the impression the four points; size, shape, area, and typography are considered for special circumstances existing on property .., in addition: 1. My property is not ugly, front or back. 2. I obtained a fence permit from The Colony. There is fourteen (14') feet from the back of the fence to the easement drain. The road was measured and moved by the City's Engineers. 4. The primary building is the same height as the storage building. The buildings don't appear the same height because the land is not level. 5. There is no hazard where the storage building is sitting. 6. This process has been a misunderstanding since the beginning. 7. I have a 10t oflabor and materials in this project. 8. I have maintained the drainage area on the far east end of the storage building. The City has maintained the opposite end of the street and it isn't near as nice as what I have done. 9. My lot is an odd triangular shape. Mr. Webster used other residents' lots as a comparison to show he shouldn't have to get a variance. The City Attorney informed him that is not pertinent to his variance. He has no knowledge as to building permits or variances obtained by his neighbors. Attorney Dodd stated that other properties do not show Mr. Webster has a hardship. Mr. Webster feels he is being denied a variance because of where the building is sitting. He is not adversely effecting the land use pattern. His buildings aren't any different than other buildings in the area. Which shows he shouldn't have to get a variance either. The applicant also stated the City Ordinances do not pertain to this mobile home park. The two lots he owns, in the mobile home park, are zoned in the County not the City of The Colony. Chairman Catt informed Mr. Webster that all the lots in that area are a part of the City of The Colony. Mr. Webster inquired about the anonymous complaints received. Staff responded they are anonymous, all available information has been made public. He stated he just wants to be treated like everybody else. Member Odum inquired if Mr. Webster had a construction design by a Licensed Engineer for this storage building. - 3 - Board of Adjustment April 13, 2005 Mr. Webster stated no. He informed the Board that the City of The Colony doesn't require a plan by a Licensed Engineer. He also commented he was an engineer but not a licensed engineer. Member Sanders informed him any structure over ten (10') feet by ten (10') must have a building plan by a Licensed Engineer to obtain a building permit. Mr. Webster said he first started building a mobile home but was told he couldn't so, he built a storage shed instead. After going to the Inspection Department for a permit he said the inspector told him not to continue on the building. He said he expected the City to bill him for the permit for the storage shed. After not hearing from the City for ten (10) days he proceeded with the building. Member Odum asked Mr. Webster what he would do ifhis variance is denied. His response was to possibly move it to another lot. He doesn't know. Member Sanders reminded Mr. Webster the building must be dismantled not moved. He also asked if the bus on Mr. Webster's property was a running bus or a storage shed. Mr. Webster responded the bus has nothing to do with what we are talking about. Member McCright asked; "Mr. Webster you're saying that it would not be a hardship for us to deny this tonight, to you?" Mr. Webster said; "No, I didn't say that." It would depend on what he would have to do if it is denied. Move it, hire an attorney to appeal, etc. The dismantling of the building would be a big hardship on him. All he wants to do is improve his property so he can rent it out and leave The Colony. The Board informed Mr. Webster he would have to appeal to State District Court. Member Sanders then asked if Mr. Webster had built the existing garage (the primary structure on the property). Mr. Webster stated no. Chairman Catt thanked Mr. Webster for his comments. The Board adjourned to Executive Session at 7:47 p.m. The Board returned to the Council Chambers at 7:57 p.m. The Board requested comments from Building Inspector Larry Lee. Mr. Lee read the following statement: Mr. Webster came to the Inspection Office on approximately the 22nd or 23rd of December, 2004 to apply for a permit. He was informed he could not manufacture a - 4- Board of Adjustment April 13, 2005 I mobile home onsite. A mobile home is required by the building code to be an Engineered Design. It is required to be HUD approved and meet TxDOT standards for road travel. He was also informed that a permanent foundation or an approved Engineering Design would be required for the construction of a structure on a burned out mobile home frame of unknown origin. He was given an application and informed these documents would be required at application submittal. He came back to the office about December 30, 2004 and applied for a barn-storage building on the same mobile home frame. He did not submit the requested documents. These are also required for an accessory structure on a mobile home frame. Mr. Webster was told the frame under this structure would be required to be certified by a Licensed Professional Engineer. No further contact was made to this Department by Mr. Webster until March 10,2005. He still did not submit the required documentation. Mr. Webster was told he would be receiving a certified letter advising him to appeal to the Board of Appeal concerning the set back requirements for a Mobile Home Park, for an accessory structure or a mobile home structure. Chairman Catt asked Mr. Lee how many times Mr. Webster was asked to cease and desist construction. I Mr. Lee stated; "twice in the field by the Inspector and twice in the office by me." Chairman Catt gave Mr. Webster two (2) minutes for rebuttal. Mr. Webster stated he requested any information, including cost, for a storage building permit be furnished him by the Inspector. Mr. Webster gave him his contact information and the Inspector said he would let him know the cost. Mr. Webster thought the City would send him a bill. After not hearing from the City for ten (10) days he resumed working on the storage building. On March 2nd he was told he could not manufacture a mobile home so he decided that would be no problem he would instead build a storage building. This structure has no water, electricity, or windows. There is an 8' X 6' door on the front of the building. When he received the certified letter from the City he stopped construction. However, out of concern for his supplies he resumed building to protect them. He also stated that the bus does run and he could take it to California tomorrow. Chairman Catt thanked Mr. Webster for his comments. I Chairman Catt closed the public hearing at 8:06 p.m. - 5 - Board of Adjustment April 13, 2005 A motion to deny a request on an application made by Robert Webster, for a variance from the area regulations approved by Ordinance No. 61, Sections, 11- 402.2,11-501.8, 11-702.3.a, and 11-704. The subject property is located on Lot 1, Haven Hills Mobile Home Estates and is situated northeast of the intersection of Anderlan Road and Sunset Circle (2005- V003), Member Odum; second Member Sanders. The secretary called the roll: Member Sanders - Yea Chairman Catt - Yea Member McCright - Yea Member Odum - Yea Motion carried 4-0. Chairman Catt stated the motion to deny carries. ITEM #3 - Discuss notifications, packets, and scheduling of meetings. Ms. Odell gave a presentation on notification, packets, and scheduling of meetings: Section 21-101 of the Zoning Ordinance gives the following provision concerning the procedures of the Board of Adjustment: " ... meetings of the Board of Adjustment shall be held at the call of the building official and at such other times as the board of adjustment may determine." · Legal Requirements 1. Meeting must take place within 15 days of staff receiving a request for vanance. 2. Notifications to property owners within 200 feet of the application must be sent 10 days prior to meeting date. · Logistical Considerations 1. Availability of Council Chambers for Meetings based on other City Boards and Commissions. 2. Availability of Board Members to establish a quorum. · Staff provides board members with possible date based on both legal and logistical considerations · Meeting date is set based on member availability, legal and logistical considerations Ms. Odell also mentioned the issue with Electronic Packets. The IT Department is working on a resolution but until the problem is resolved the Board can pick their packets up at the Police Department. - 6 - Board of Adjustment April 13, 2005 I Mr. Persaud suggested a day of the week and time be determined for future Board meetings. The Board agreed the day will be Wednesday and the time will be 7:00 p.m. Member Sanders requested a Sign Board of Appeal work session be scheduled. Mr. Persaud stated staffwill keep that in mind when scheduling meetings. The next Board of Adjustment meeting will be scheduled for May 25th at 7:00 p.m. (Subject to earlier date if a variance application is received.) Chairman Catt commented that The Colony Board of Adjustment 2004 Handbook states on page 9, paragraph E: "The Board by majority vote shall adopt rules in accordance with any ordinance adopted under this sub-chapter. Meetings of the Board are held at the call of the presiding officer and at other times as determined by the Board." It was agreed the recording secretary will e-mail the Chairman and copy the Board when a variance application has been received. They will then direct the secretary, as soon as possible, on the date of the meeting and any additional items they would like placed on the agenda. Chairman Catt officially welcomed new Board Member Donna McCright. I With no further business, the meeting adjourned at 8:20 p.m. Q!J ad r Mike C , Chairman tlersaar, Recording Secretary I - 7 -