HomeMy WebLinkAbout12/18/2013 BOA
MINUTES
CITY OF THE COLONY
BOARD OF ADJUSTMENT
Wednesday, December 18, 2013
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 18,
2013 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: Charles Tredo, Chairman; Donna McCright, Vice Chairman; Constance
Yahwak and Alternate Casey Truskunas
Board Members Absent: Gerald Odum, Stephen Edwards, Sr. and Alternate Shawn
Rockenbaugh
Present from Staff. J. Michael Joyce, Planning Director and Brooks Wilson, Senior Planner
1.0 CALL REGULAR SESSION TO ORDER
Chairman Tredo called the meeting to order at 7:02 p.m.
2.0 ITEM FOR CONSIDERATION
2.1 Consider approval of the minutes of the regular session of the June 19, 2013 Board of
Adjustment meeting.
It was moved by Board Member McCright to approve the minutes as written, seconded by
Board Member Yahwak. The motion carried (4-0).
3.0 ITEM FOR CONSIDERATION
3.1 BOA13-0005 - In and Out Burger Landscape Buffer Variance
Conduct a public hearing, discuss, and consider approval of a Variance to Planned
Development No. 25 (Ordinance No. 2011-1927) to allow a reduction in the required
twenty (20) foot landscape buffer along the Sam Rayburn Tollway (S.H. 121).
Ms. Wilson presented the staff report.
Board Member McCright asked if the location of utilities in the right-of-way would affect future
adjacent developments.
Ms. Wilson responded that the utilities were placed entirely within the right-of-way and therefore
would not affect the adjacent property.
Chairman Tredo opened the Public Hearing.
The applicant, Brian Fetz, of GHA Architects, 14110 Dallas Parkway, Suite 300, Dallas,
representing In-N-Out Burgers, further explained that drainage easements wrap around the site,
from Plano Parkway to the S.H. 121 frontage lanes. He went on to say that the layout of the
building, landscaping, parking and stacking spaces was planned to accommodate the prototypical
In-N-Out Burger design.
Chairman Tredo asked if the building could be shifted into the open area shown to the south of
the building.
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Board of Adjustment Minutes
December 18, 2013
Page 2 of 2
Mr. Fetz answered that it could be shifted, but that the preferred location was as shown so that a
wide outdoor patio area could be retained.
Michael Joyce, Planning Director, added that this is the layout that is preferred by the City as
well. Even with the reduced landscape buffer requested, the overall landscaping will be greater
in width than is required.
Mr. Fetz added that In-N-Out Burgers will maintain the grassed area in the right-of-way with
directional sprinklers.
Board Member McCright asked if the reduction in the landscaped area could cause any safety
issues for vehicular traffic.
Mr. Fetz responded that any vehicle that veered off the frontage lanes would hit the existing
drainage channel located between the pavement and the future In-N-Out Burger site.
There being no other questions, Chairman Tredo closed the public hearing.
It was moved by Board Member Yahwak to approve the variance request, as written in the
staff report, seconded by Board Member McCright. The motion carried (4-0).
Being no further,discussion, Chairman Tredo adjourned the meeting at 7:19 p.m.
Charles Tredo, Chairman
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rooks Wilson, Recording Secretary Pro Tem