HomeMy WebLinkAbout02/19/2014 BOA MINUTES
CITY OF THE COLONY
BOARD OF ADJUSTMENT
Wednesday, February 19,2014
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, February 19,
2014 at 7:15 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; Gerald Odum; Constance Yahwak; Shawn
Rockenbaugh and Casey Truskunas
Board Members Absent: Donna McCright, Vice Chairman and Stephen Edwards, Sr.
Present from Staff: J. Michael Joyce, Planning Director; Brooks Wilson, Senior Planner; Gordon
Scruggs, Engineering Director and Jeff Moore, City Attorney
1.0 CALL REGULAR SESSION TO ORDER
Chairman Tredo called the meeting to order at 8:01 p.m.
2.0 ITEM FOR CONSIDERATION
2.1 Consider approval of the minutes of the regular session of the December 18, 2013 Board
of Adjustment meeting.
Board Member Yahwak moved to approve the minutes as written, seconded by Board
Member Odum. The motion carried (5-0).
3.0 ITEM FOR CONSIDERATION
3.1 BOA14-0001—Roberts'Residence Side Yard Variance
Conduct a public hearing, discuss, and consider approval of a Variance to Planned
Development No. 8 (Ordinance No. 954) to allow an encroachment in the required side
yard setback to allow the construction of an outdoor staircase.
Ms. Wilson presented the staff report.
Chairman Tredo opened the Public Hearing.
Board Member Truskunas asked if there was any other way to access the balcony, such as a
spiral staircase.
Mr. Mark Shekter of Graphic Design Group, 3624 Oak Lawn Avenue, Dallas, Texas,
representing the homeowners, stated that he believes spiral staircases are dangerous for children
and that the staircase, as designed, would be the most aesthetically pleasing.
Chairman Tredo asked if the staircase could be moved so that it extended directly from the edge
of the balcony,rather than the proposed position.
Mr. Shekter answered that it could be shifted, but that the owners preferred the location as shown
so that a wide outdoor patio area could be retained.
Board of Adjustment Minutes
February 19, 2014
Page 2 of 2
Michael Joyce, Planning Director, added that only three feet of side yard is required by the
Building Code. It is the Zoning Code, and in this case, the Planned Development document,that
increases the side yard setback to five feet for additional building separation. He stated that the
three feet required by the Building Code is being maintained and that this is sufficient for
emergency access to the rear of the building.
Mr. Joyce also informed the Board members regarding a second request made by this applicant—
that the residence be a two-story design. It was discovered by staff that all but one home along
Westway Drive have been built disregarding the PD requirement in Tract C-1 that restricts the
height of residences to one-story. Rather than bring this individual request for relief from this
regulation, staff determined that a Planned Development Amendment was more appropriate
since, if passed, all the existing two-story homes would once again be in conformance with the
governing PD regulations. Without the PD Amendment, these homes could not be rebuilt to
recreate their two-story designs should any destruction occur to the properties.
There being no other questions, Chairman Tredo closed the Public Hearing.
Board Member Yahwak moved to approve the variance request, as written in the staff
report, seconded by Board Member Truskunas. The motion carried (5-0).
There . g n. 1 er discussion, Chairman Tredo adjourned the meeting at 8:17 p.m.
Charles Tredo, Chairman
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Brooks Wilson,Recording Secretary Pro Tem