HomeMy WebLinkAbout05/18/2016 BOAMINUTES
CITY OF THE COLONY
BOARD OF ADJUSTMENT
Wednesday, May 18, 2016
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, May 18, 2016 at
6:31 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, Constance Yahwak, Joel Ortega, Gerald Odum and
Casey Truskunas
Board Members Absent: None
Present from Staff. Gordon Scruggs, P.E, Director of Engineering and Development Services;
Surupa Sen, AICP, Senior Planner, Brian McNuelty, Technical Assistant, and Ed Voss, City
Attorney
1.0 1 CALL REGULAR SESSION TO ORDER
Chairman Tredo called the meeting to order at 6:31 p.m.
2.0 ITEM FOR CONSIDERATION
2.1 Consider approval of the minutes of the regular session of the February 17, 2016 Board
of Adjustment meeting.
-- - - Board Member Ortega moved to approve the minutes, seconded by Board Member
Yahwak. The motion carried (5-0).
3.0 PUBLIC HEARING ITEM
3.1 BOA 16-0001— Detached Garage at 4534 N Shore Drive
Conduct a public hearing, discuss, and consider a variance request from Zoning
Ordinance Section 13.101 requiring "an enclosed, attached garage" "shall be provided
upon initial construction to each and every single-family dwelling unit", requesting
permission to build a detached garage at a later time for a proposed new single family
home at 4534 N Shore Drive.
Chairman Tredo read public hearing item 3.1 into record.
Ms. Sen presented the staff report.
Board member Ortega asked why in staff opinion approval of the variance will affect the
neighboring land uses.
Ms. Sen responded stating that all new residences within The Colony have attached garages and
this variance will deter from that requirement.
Board of Adjustment Minutes
May 18, 2016
Page 2 of 3
Board member Truskunas asked what the square footage of the house will be and whether as per
the drawings there is enough room between the detached garage and the deck to build the pool in
the backyard.
Ms. Sen answered that the house will be around 2000 square feet and there is room for the pool
to be built behind the house.
Board member Truskunas asked why attached garage is a requirement per 'Zoning Ordinance.
Ms. Sen mentioned that usually the typical lot size in a subdivision does not have room for
detached garage, the lots being small in size. That is why originally the attached garage
requirement was put in place.
Mr. Scruggs mentioned that even if the Board approves the variance for detached garage staff
would like to require the applicant to build the garage during the house construction and not later
as requested by the applicant.
Chairman Tredo opened the public hearing at 6:40 pm.
Applicant Mrs. Radulesku spoke during the public hearing regarding her request to build a
detached garage. She confirmed that she is willing to build the garage at the same time when the
house is built.
Chairman Tredo closed the public hearing at 6:55 p.m.
Board member Ortega moved to go into Executive Session to receive legal counsel seconded by
Board member Odum. Board moved to Executing Session at 6:59 p.m.
Board resumed regular session at 7:13 p.m.
Board Member Ortega moved to approve item 3.1 with stipulation that the detached
garage be built at the same time when the house is being built, seconded by Board Member
Truskunas, and opposed by Board Member Odum. The motion carried (4-1).
3,2 BOA16-0002 — Pappy's Pet Lodge at 4000 Paige Road
Conduct a public hearing, discuss, and consider a variance from Zoning Ordinance
"Section 13-1385: Kennels that include any outdoor area shall be located a minimum of
2,000 feet from any single family property or zoning district" for a proposed Pappy's
Pet Lodge at 4000 Paige Road.
Chairman Tredo read public hearing item 3.2 into record.
Ms. Sen presented the staff report.
Board Member Ortega asked where the outdoor play area will be.
Board of Adjustment Minutes
May 18, 2016
Page 3 of 3
Ms. Sen answered that a portion of the parking lot will be converted into outdoor play area as
shown on the site plan.
Board member Truskunas stated that the buffer requirement from residential property is the main
issue for this variance discussion.
Ms. Sen explained that the reason behind requiring any kennel with outdoor play area to be at
least 2000 feet away from residential area is mostly to address noise issues. This location is
facing SH 121 and nestled within commercial area. The nearest residential is far away to be
affected by noise generated by this use. Also noise is mitigated by the freeway noise, Paige Road
traffic and even the Hawaiian Falls water park is right across street from the residences. Thus
noise is greatly mitigated to affect residential area.
Chairman Tredo opened the public hearing at 7:35 pm.
Applicant Mr. Bill Kinder with Pappy's Pet Lodge spoke during the public hearing regarding
their award winning brand and how this area is a prime location for such a facility. He also stated
that for security reasons the fence around the play area will be 8 feet tall.
Board member Truskunas asked what their next step will be if this variance is approved.
Mr. Voss responded that they have to go through a SUP approval process through Planning and
Zoning Commission and City Council.
Chairman Tredo closed the public hearing at 7:50 p.m.
Board Member Ortega moved to approve item 3.2, seconded by Board Member Yahwak,
Board Member Truskunas abstained. The motion carried (4-0).
Tredo adjourned the meeting at 7:50 p.m.
v , Chairman
Surupa $en, AICP, Senior Planner