HomeMy WebLinkAbout06/03/2009 BOA
MINUTES
CITY OF THE COLONY
BOARD OF ADJUSTMENT
JUNE 3, 2009
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,
June 3, 2009 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: Gerald Odum, Chairman; Donna McCright, Vice-Chairman;
Aaron Barney; Cesar Molina; Rolando Reyes; Duane Sanders; Connie Yahwak.
Present from Staff Witt Wyatt, City Attorney; Wes Morrison, City Planner; Tracey
Sherman, Administrative Assistant.
1.0 CALL REGULAR SESSION TO ORDER
Chairman Gerald Odum called the meeting to order at 7:02 pm.
2.0 ITEMS FOR CONSIDERATION
2.1 Consider approval of the December 17, 2008 Board of Adjustment minutes.
Board Member Molina motioned to approve the December 17, 2008 minutes as
presented. Board member Sanders seconded. The motion carried unanimously
(5-0).
2.2 Conduct a public hearing, discuss, and consider granting a variance to Section
IOB-900(3) of the Zoning Ordinance relating to setback requirements for storage
buildings from the property line. The property is located west of FM 423 on the
north side of Carr Street, commonly known as 4520 Carr Street.
Mr. Morrison presented the staff report.
Board Member Reyes asked staff what method was used to secure the storage shed.
Mr. Morrison stated he would not be able to answer the question; the shed was put up
without a permit. A drawing was submitted by the applicant in the packet.
Chairman Odum asked if the driveway was used only by the applicant. Mr. Morrison
stated yes. Chairman Odum asked what the width of the driveway was. Mr. Morrison
stated around 15 feet.
Board Member Molina asked if there was a rationale for the three foot setback. Mr.
Morrison stated the Fire Department had a concern with storage buildings blocking
the access to the rear of the property.
Board of Adjustment
June 3, 2009
Page 2 of 2
Applicant Mariana Wilson, spoke in favor of keeping her shed that was already
erected. She feels this was a safety measure.
Board Member Sanders asked how tall the backyard fence was. Applicant stated she
was not sure.
Board Member Sanders asked how long has the shed been up. Applicant stated about
8 months.
Board Member Sanders asked if the shed was occupied. The applicant stated yes, it
was full.
Board Member Sanders motioned to approve Item 2.2. It was seconded by Board
Member McCright. Board member Sanders amended the motion to include the
hardship of the applicant due to her age and having to rebuild it.
The City Attorney recommended the Board Members convene to executive session.
Chairman Odum reconvened back into regular session.
Board Member Sanders rescinded the first motion.
Board member McCright stated the applicant met the required criteria needed for a
variance to be granted based on the belief that the setback requirements did not take
into account duplex lots.
Board Member McCright motioned to approve Item 2.2 as stated. Board Member
Sanders seconded. The motion carried unanimously (5-0).
Meeting adjourned at 8:00 pm.
F-L' . C-)3- -
Geral Odum, Chairman
Tracey Sher an, Recording Secretary