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HomeMy WebLinkAbout12/17/2008 BOA MINUTES CITY OF THE COLONY BOARD OF ADJUSTMENT December 17, 2008 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, December 17, 2008 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 Chairman; Gerald Odum, Vice-Chairman; Donna McCright; Cesar Molina; Rolando Reyes; Connie Yahwak. Present from Staff: David Dodd, City Attorney; Wes Morrison, City Planner; Tracey Sherman, Administrative Assistant. 1.0 CALL REGULAR SESSION TO ORDER Chairman Duane Sanders called the meeting to order at 7:02 pm. 2.0 ITEMS FOR CONSIDERATION 2.1 Consider approval of the Jul 16, 2008 Board of Adjustment minutes. Board member Molina motioned to approve the July 16, 2008 minutes as presented. Board member Odum seconded. The motion carried unanimously (5-0). 2.2 Conduct a public hearing, discuss, and consider granting a variance to Section 11- 400 of the Zoning Ordinance relating to the front yard setback to Westport Drive. The applicant is proposing to develop a retail center at the southeast corner of Westport Drive and South Colony Blvd. The variance requested is a 10 foot variance to the required 25 foot setback along Westport Drive Mr. Morrison presented the staff report. Board member Molina asked if they moved the building over ten feet would the project meet the City's standards. Mr. Morrison stated yes. Chairman Sanders asked what the area was zoned. Mr. Morrison stated retail. Applicant, Sam Esquenazi, described the type of building they proposed. The applicant was asking for a variance to allow ample parking spaces. In the future, this would allow the site to be a desirable retail center to sell. Board of Adjustment December 17, 2008 Page 2 of 2 Board member Odum asked why having eighteen parking spaces versus twenty-five would make a difference. Attorney, David Dodd stated the amount of parking spaces needed in the future is irrelevant. Board member Reyes asked if without the variance what would be the size of the building. Applicant stated forty-seven hundred square feet. Board member Odum asked the applicant their immediate hardship was. Applicant stated there was not one; he was just considering plans for the future. Chairman Sanders asked how many handicap parking spaces the applicant would have in the parking lot. Applicant stated he would adhere to the City's policy in regards to handicapped parking spaces. Board member McCright motioned to approve Item 2.2. Motion failed due to the lack of a second. Board member Molina motioned to deny Item 2.1. Board member Reyes seconded the motion. The motion carried (4-1). L2.3 Appointment new Chair and Vice Chair. Board Member McCright nominated Board member Odum for the position of Chairman. It was seconded by Board Member Reyes. Nomination carried unanimously (5-0). Chairman Sanders nominated Board Member McCright for the position of Vice- Chair. It was seconded by Board Member Reyes. Nomination carried unanimously (5-0). Chairman Sanders requested a Sign Board of Appeals meeting. Mr. Morrison stated he would need specific streets and signs to be discussed and they could discuss the specifics after the meeting. Meeting adjourned at 7:56pm. 1fA At ane Sanders, C a an 'KW (,t_ Tracey Sherm n, Recording Secretary