HomeMy WebLinkAbout05/16/2007 BOA
MINUTES
CITY OF THE COLONY
BOARD OF ADJUSTMENT MEETING
MAY 16,2007
After determining that a quorum was present, the Board of Adjustment of the City of
The Colony, Texas convened into Regular Session which was held on Wednesday,
May 16, 2007 at 7:00 p.m. in the City Council Chambers located in City Hall, 6800
Main Street, The Colony, Texas, at which time the following items were addressed:
Board Members present: Chairman Duane Sanders, Vice-Chairman Gerald
Odum, Donna McCright, Cesar Molina, and Rolando Reyes.
Board Member absent: Connie Yahwak
11.0 I CALL REGULAR SESSION TO ORDER AT 7:04 P.M
12.0 I MINUTES
2.1 Consider approval of the minutes of the October 18, 2006 regular session.
Board Member McCright moved to approve the minutes. Seconded by
Board Member Reyes. Motion carried (5-0)
13.0 PUBLIC HEARING
3.1 Conduct a public hearing and consider a variance request to Section 11-400,
Appendix A of the Code of Ordinances, relating to the minimum required
front yard. The property is located at 6029 Cheyenne Drive (BOA07-0002,
6029 Cheyenne Drive).
The Chairman called the property owner to the front to be sworn in.
Wes Morrison, City Planner, presented a staff report to the Board.
Board Member Odum asked if all the properties on that street had a setback of 18
feet. Mr. Morrison answered that he did not know that exactly, but it appeared
from the pictures and the site layouts they were.
Board member Molina said that he went by the property and that it looked like all
the other properties in the neighborhood.
Chairman Sanders asked if the properties are two feet closer in the front, would
that mean that they are that much further from the back property line. Mr.
Morrison answered yes it would, and then referenced Attachment 3 in the
building permit section.
Chairman Sanders stated that he was bothered by the building permit application
because of all the corrections ofthe square footage of the property. Mr. Morrison
answered that he did not want to speculate why the square footage had changed,
BOARD OF ADJUSTMENT MEETING
MAY 16,2007
Page 2 of2
but the front setback had always remained the same.
Chairman Sanders asked if the city would have to issue a new permit for this
property due to the square footage not being correct. Mrs. Bateman explained
that permits are only good for 6 months and this permit had already expired. She
then explained that in order to make use of the house the title company was
asking for the variance.
Board Member Odum asked what would happen if they did not approve the
variance. Mr. Morrison stated that if the home was destroyed and rebuilt they
would have to abide by the 20 foot setback. Mrs. Bateman explained that there
may be issues with getting insurance. She stated this is not an unusual variance
request. If the variance is granted he would be able to rebuild the home in its
current location if it is destroyed.
Board Member Reyes asked who detected this mistake. Mrs. Bateman answered
that it was discovered by the title company.
Board Member Molina stated that he did not have a problem with this issue. The
error was made and the homeowner should not be penalized for this error.
Board Member Reyes moved to approve the variance allowing a two foot
encroachment in the front yard setback. Seconded by Board Member
Molina. Motion carried (5-0).
Meeting adjourned at 7 :23 p.m.
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Duane Sanders, Chairman