HomeMy WebLinkAbout03/16/2011 BOA
MINUTES
CITY OF THE COLONY
BOARD OF ADJUSTMENT
Wednesday, March 16, 2011
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,
March 16, 2011 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: Donna McCright, Chairperson; Vice Chairperson; Gerald
Odum; Lloyd Martin; Duane Sanders; Constance Yahwak, Alternate; and Matt
Armstrong, Alternate.
Board Members Absent: Aaron Barney.
Present from Staff: J. Michael Joyce, Development Services Director; Brooks Wilson
Senior Planner; Jimmy Schnurr, City Attorney.
1.0 CALL REGULAR SESSION TO ORDER
Chairperson McCright called the meeting to order at 7:03 pm.
2.0 ITEMS FOR CONSIDERATION
2.1a Consider approval of the minutes of the regular session of the December 15, 2010
Board of Adjustment meeting.
It was moved by Board Member Odum to approve the minutes as written,
seconded by Board Member Yahwak and carried (4-0), with Board Members
Martin and Sanders abstaining.
2.1b Consider approval of the minutes of the regular session of the January 16, 2011
Board of Adjustment meeting.
It was moved by Board Member Sanders to approve the minutes as written,
seconded by Board Member Martin and carried (6-0).
3.0 ITEMS FOR CONSIDERATION
3.1 BOA11-0001 - Patio Arbor. Discuss and consider approval of a request for a
special exception to allow an existing, nonconforming patio arbor to remain at
3959 Willow Bend Drive.
Ms. Wilson presented the staff report.
Board Member Odum asked why the Ordinance calls for a three foot setback from the
property line.
Board of Adjustment
March 16, 2011
Page 2 of 2
Ms. Wilson responded that it may have been a fire safety issue that prompted the
setback. In addition, the Fire Department reviewed the structure and had no negative
comments on it.
Board Member Sanders asked the applicant who built the arbor.
Ms. Edwards, the applicant, answered that a contractor built the arbor.
Board Member Sanders asked why the contractor, who should have known the rules
and regulations of the city, did not obtain the property building permit.
Ms. Edwards said that the contractor is no longer in business and therefore she could
not answer that question, but that she was unaware that a permit was necessary for the
construction of the arbor.
Board Member Sanders asked when the arbor was built
Ms Edwards answered 2002.
Chair McCright asked the applicant if she had anything to add.
Ms. Edwards stated that the staff had covered all the pertinent issues, and that she did
not realize that a permit was required and that she would definitely be getting permits
for all construction in the future.
Board Member Martin said asked if corrections made to the structure, which were
mentioned in the applicant's letter, brought the arbor into compliance with the city
codes.
Mike Joyce, Development Services Director, answered in the affirmative.
Ms. Edwards stated that in speaking with David Summers, Chief Building Official, he
stated that she would need a contractor to verify the structural integrity of the arbor.
Board Member Sanders moved to approve the request, with the provision that a
contractor ensure that the structure meets all building codes; Board Member
Armstrong seconded the motion. The motion carried (6-0).
Being no further discussion, Chairperson McCright adjourned the meeting at 7:12
pm.
Donna McCrigh , C a' person
lici Kopp J R co ding Secretary