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HomeMy WebLinkAbout08/22/2007 BOA MINUTES CITY OF THE COLONY BOARD OF ADJUSTMENT August 22, 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, August 22, 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: Duane Sanders, Donna McCright, Cesar Molina, and Constance Yahwak. Board Members Absent: Gerald Odum, Rolando Reyes. Present from Staff: Wes Morrison, City Planner and Jennifer White, Administrative Assistant. 11.0 I CALL REGULAR SESSION TO ORDER Chairman Sanders called the meeting to order at 7:09 pm. 2.0 MINUTES 2.1 Consider approval ofthe minutes ofthe May 16, 2007 regular session. Board Member McCright moved to approve the minutes. Seconded by Board Member Molina. Motion carried unanimously (4-0). 3.0 PUBLIC HEARING 3.1 Conduct a public hearing, discuss and consider a variance request to Section 6- 158( c) of the Code of Ordinances, regarding the setback of an accessory structure to a residential use. The property is commonly known as 3716 Meadow Run (BOA07-0003). Chairman Sanders called Mr. Schiesser, property owner of 3716 Meadow Run to the front to be sworn in. Wes Morrison presented the staff report. Chairman Sanders asked what subdivision 3716 Meadow Run was in. Mr. Morrison answered Stewart Peninsula. Board Member McCright asked why staff is not recommending approval. Mr. Morrison answered that this property does not meet two of the four criteria. Duane Sanders asked Mr. Schiesser how far back the storage shed would be from the fence. Mr. Schiesser stated it would be seven feet six inches. Board of Adjustment August 22, 2007 Page 2 of3 Sonia Anazagasty, 5809 Cypress Cove Drive, asked if any of the other neighbors sent back in their public input forms and were there any objections. Mr. Morrison stated that he received one letter in favor of the request. Mr. Schiesser stated that his neighbor at 3712 Meadow Run has a shed built just like the one has proposed. Mr. Morrison stated that staff researched back three years and could not find any record ofa permit being issued for 3712 Meadow Run. Chairman Sanders asked how old the home is located at 3716 Meadow Run. Mr. Schiesser answered anywhere from 9 to 12 years old. Board Member Molina asked why there is a side yard setback. Mr. Morrison answered that it was his understanding the purpose of this provision was that council was attempting to reduce the clutter between houses. The three (3) foot separation came from the building or fire code requiring a three (3) foot separation to all buildings. Chairman Sanders asked if the shed could be built along the fence line. Mr. Schiesser answered that it would be on top of the trough he built for water runoff and he would also be in violation due to an easement. Mr. Morrison stated there needs to be a three foot setback from the property line and fence. Board Member Molina asked how much of an easement is along the fence and property line. Mr. Morrison stated that he did not have the plat and that he would have to pull that plat to obtain that information. Chairman Sanders called for a 5 min recess at 7:30 pm for Mr. Morrison to pull the plat on this property. Mr. Morrison came back at 7:40 pm and stated there is not an easement on that side of the home but the ordinance requires a three (3) foot setback from the house or fence for the storage building. Mr. Schiesser asked if he could place some kind of fire protectant between the shed and the home. Mr. Morrison answered that the Board can approve the variance with the added condition that he construct a one hour fire-wall; however, staff would still not recommend approval due to the fact that there is no special circumstance. Board Member Molina asked if he could move the shed further back to where it is wider in the yard. Mr. Schiesser answered that the shed would block his view out the windows. Board Member Molina asked if he moved the shed to the setback requirements then would the shed be in the drainage area. Mr. Schiesser said that he would need to walk through the drainage area to get inside the shed. Board of Adjustment August 22, 2007 Page 3 of3 Board Member Yahwak asked if there is a fence on the other side of the home.. Mr. Schiesser answered that there is not a fence and that side yard is narrower. Board Member Yahwak moved to table the variance and to have Staff reset the meeting for September 5th and to have the following ready for the board: 1) Have all Board Members present 2) Have the Fire Marshal present 3) Have the City Attorney present 4) Have staff research the number of storage shed permits that have been issued in Stew arts Peninsula. Seconded by Board Member Molina. Motion carried unanimously (4-0). Chairman Sanders adjourned the meeting at 8:10 pm. --~ , . /"---- r Wite, Recording Secretary