HomeMy WebLinkAbout07/18/2012 BOA
MINUTES
CITY OF THE COLONY
BOARD OF ADJUSTMENT
Wednesday, July 18, 2012
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,
July 18, 2012 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: Constance Yahwak, Chairperson; Lloyd Martin, Vice
Chairperson; Donna McCright; Gerald Odum; and Charles Tredo.
Board Member Absent: None.
Present from Staff: Brooks Wilson, AICP, Senior Planner; Jeff Moore, City Attorney,
Jeff Connelly, City Councilman; David Summers, Chief Building Official; Iris
Browder, Community Image Manager; Bill House, Community Image Officer;
Prakash Abraham, Community Image Officer; Brian McNuelty, Technical Assistant;
and Felicia Campa, Development Services Coordinator.
1.0 CALL REGULAR SESSION TO ORDER
Vice Chairman Martin called the meeting to order at 7:03 p.m.
2.0 ITEMS FOR CONSIDERATION
2.1 Consider approval of the minutes of the regular session of the June 20, 2012
Board of Adjustment meeting.
It was moved by Board Member McCright to approve the minutes as written,
seconded by Board Member Odum and carried (4-0).
Chairperson Yahwak arrived late at 7:04 p.m.
3.0 ITEM FOR CONSIDERATION
3.1 SBA12-0003 - Variance Request - 7424 Elm Street. Conduct a public
hearing, discuss, and consider approval of variances to the Zoning
Ordinance to allow the existing fence at 7424 Elm Street to remain.
The applicant is requesting relief from the following sections of the
Zoning Ordinance:
• Section 18-200, Fences and Wall Regulations, fence built without a
permit;
• Section IOA-800(F), Walls and Fences, fence material is not
allowed by the Gateway Overlay District; and
• Section 18-604(A), Fences, Front Yard Requirements, six (6) foot
tall fence does not comply with the required four (4) foot
maximum height in the front yard.
Ms. Wilson presented the staff report.
Board of Adjustment Minutes
Judy 18, 2012
Page 2 of 4
Gus Cardenas, applicant and resident of 7424 Elm Street in The Colony, Texas
showed the Board photographs. He stated that on his street, other residents have built
fences with metal, which is not allowed by ordinance.
Board Member McCright asked if there are other homes on the street with fences out
of compliance.
Mrs. Wilson responded affirmatively, she followed up in stating that violations are
being assessed by Community Image on a case by case basis.
Board Member McCright asked if the photographs that Mr. Cardenas brought are of
other properties on the same street that are not in compliance.
Mr. Cardenas responded affirmatively.
Board Member McCright asked if the applicant got the permit.
Mr. Cardenas responded no. He continued by stating that he has only been a resident
of The Colony for about a year and didn't know that a permit for a fence would be
required. Mr. Cardenas stated that after he was contacted by the City, he has tried to
take the appropriate steps to fix the problem.
Board Member Tredo asked if the applicant built the fence himself.
He responded affirmatively.
Board Member Tredo stated the fence looks much better than the pictures of the other
properties that Mr. Cardenas provided the Board of other properties not in
compliance. He followed up in stating that it bothers him when a homeowner or a
contractor does work on properties without peirnits, which then causes problems.
Mr. Cardenas agreed with Board Member Tredo.
Board Member Tredo asked what the regular cost is of a fence permit.
Mrs. Campa and Mrs. Wilson responded $55.00.
Board Member Tredo asked if Mr. Cardenas would be charged $110.00 (to include
the double charge for doing the work without a permit).
Mrs. Wilson responded affirmatively.
Board Member Tredo stated that he doesn't believe the charge is enough.
Board Member McCright asked if Mr. Cardenas has already begun the process of
applying for the permit or if that had to wait until after the Board's decision.
Mrs. Wilson responded that the application would have to wait until after the Board's
decision.
Board of Adjustment Minutes
July 18, 2012
Page 3 of 4
Board Member McCright asked if there was any preliminary things that Mr. Cardenas
needed to do.
Mrs. Wilson responded no.
Board Member McCright asked if there is a certain timeframe in which the permit has
to be received.
Mrs. Wilson responded that it was at the Board's discretion to specify a timeframe.
She followed up in stating that it happens from time to time that a homeowner is not
aware that a permit is required to do work on their property, whereas contractors are
generally aware of when permits are required in cities, which is why the case has
been brought to the Board's attention for relief.
Mr. Cardenas stated that he has received citations for working without pernlits.
Vice Chairman Martin asked if the property is residential.
He responded affirmatively.
Vice Chairman Martin asked if there is a timeframe to convert the property from a
residential use to commercial.
Mrs. Wilson responded no. She followed up in stating that as long as the residential
use is not expanded and he lives in the home as it stands, the home can stay. Mrs.
Wilson continued by stating that at some point, Elm Street will probably be
developed into a higher use, which at that point, if the property is sold, the City will
impose the Gateway Overlay District requirements on the property.
Chairperson Yahwak asked how many residential properties are located on El
Street.
Mrs. Wilson responded approximately 6 residences, but also some commercial
properties, some of which are in compliance because the commercial business came
in after the Gateway Overlay District Regulations were adopted, whereas others are
not. She continued by stating that the properties that are not in compliance can
remain as they are as long as they are not expanding their use, but others are being
cited for violations that arise.
Vice Chairman Martin asked if he understands correctly that development within the
Gateway Overlay District is supposed to have a stone or masonry fence.
Mrs. Wilson responded affirmatively, however the requirement is for businesses, not
homeowners.
Chairperson Yahwak asked for clarification that there are residences within the
Gateway that do not meet the requirements of the Gateway Overlay District.
Mrs. Wilson responded affirmatively, using Hetherington Circle as an example.
Board of Adjustment Minutes
July 18, 2012
Page 4 of 4
Mr. Moore recommended opening and closing the Public Hearing before action.
Chairperson Yahwak opened the Public Hearing. No one came forward.
Chairperson Yahwak closed the Public Hearing.
Board Member McCright moved to recommend approval of the proposed
ordinance; Vice Chairman Martin seconded the motion. The motion carried (4-
0).
i.~
erng no f other di sior , Chairperson Yahwak adjourned the meeting at 7:20 p.m.
L4
onstan e Yahwak, C airperson
el' is Campa, Re ording Secretary