HomeMy WebLinkAbout08/17/2016 BOAMINUTES
CITY OF THE COLONY
BOARD OF ADJUSTMENT
Wednesday, August 17, 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, August 17, 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: Jan Partin, Constance Yahwak, Joel Ortega, Gerald Odum and Casey
Truskunas
Board Members Absent: None
Present from Staff. Gordon Scruggs, RE, Director of Engineering and Development Services;
Surupa Sen, AICP, Senior Planner, Brian McNuelty, Technical Assistant, and Jeff Moore, City
Attorney
1.0 1 CALL REGULAR SESSION TO ORDER
Vice -Chairman Yahwak called the meeting to order at 6:31 p.m.
2.0 ITEM FOR CONSIDERATION
2.1 Election of Chair and Vice -Chair for the Board
Board Member Truskunas nominated Vice -Chairman Connie Yahwak as the Chair of the
Board, seconded by Board Member Ortega. The motion carried (5-0)
Board Member Odum nominated Board Member Joel Ortega as the Vice -Chair of the
Board, seconded by Chairman Yahwak. The motion carried (5-0)
2.2 Consider approval of the minutes of the regular session of the May 18, 2016 Board of
Adjustment meeting.
Board Member Ortega moved to approve the minutes with stated corrections, seconded by
Board Member Odum. The motion carried (5-0).
3.0 'PUBLIC HEARING ITEM
3.1 1 BOA16-0003 — Swimming Pool at 8 Holden Circle
Conduct a public hearing, discuss and consider a variance request from Zoning
Ordinance Section 10.300 Definitions and explanations applicable to use schedule, that
defines "Swimming Pool, (private)" and states "nor shall it be constructed in the
required front yard" to build a swimming pool in the front yard at 8 Bolden Circle
Chairman Yahwak read public hearing item 3.1 into record.
Board of Adjustment Minutes
August 17, 2016
Page 2 of 3
Ms. Sen presented the staff report.
Board member Truskunas stated that the survey showing the wood deck encroaching over the
property line is that permitted?
Mr. Scruggs responded that the previous owner had that area under long term lease which has
expired. Staff presented this to the Council and has received approval from Council to process a
new lease agreement with the current owner.
Board member Ortega asked if the pool will be encroaching on City property as well.
Ms. Sen answered that the pool will be built completely within the property as shown on the
survey.
Mr. Scruggs added that the sewer main is running along the eastern and southeastern boundary of
this property but outside the property line. So the City will have access to the sewer main.
Board member Odum asked what the square footage is of the area that is available in the back
yard.
Chairman Yahwak opened the public hearing at 6:50 pm.
Applicant and property owner Mr. Craig Sloan approached the Board and spoke regarding his
variance request.
Board member Partin asked what type of fence will be placed around the pool.
Mr. Sloan stated that a 4' tall wrought iron fence will be placed on three sides and a 6' tall
wooden privacy fence will be installed on the side next to the City property where there is a
drainage structure.
Board member Partin asked if there is a requirement for a taller fence around swimming pools.
Ms. Sen answered that as per building code the applicant is only required to install a 4' fence for
safety.
Board member Odum asked if there was any concern expressed by the neighbors regarding this
request.
Ms. Sen stated that staff has posted this public hearing notice on the newspaper but haven't
received any comments.
Chairman Yahwak closed the public hearing at 6:54 p.m.
Board of Adjustment Minutes
August 17, 2016
Page 3 of 3
Board Member Ortega moved to approve item 3.1, seconded by Board Member
Truskunas. The motion carried (5-0).
Yahwak adjourned the meeting at 6:55 p.m.
Connie Y
Surupa Skn, AICP, Senior Planner