HomeMy WebLinkAbout09/21/2016 BOAMINUTES
CITY OF THE COLONY
BOARD OF ADJUSTMENT
Wednesday, September 21, 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, September 21,
2016 at 6:30 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, Gerald Odum and Casey Truskunas
Board Members Absent: Joel Ortega
Present from Staff. Gordon Scruggs, P.I:, Director of Engineering and Development Services;
Surupa Sen, AICP, Senior Planner, and Brian McNuelty, Technical Assistant.
C1.0 I CALL REGULAR SESSION TO ORDER
Chairman Yahwak called the meeting to order at 6:30 p.m.
2.0 ' ITEM FOR CONSIDERATION
2.1 Consider approval of the minutes of the regular session of the August 17, 2016 Board of
Adjustment meeting.
Chairman Yahwak read consent agenda item 2.1 into record.
Board :Member Truskunas moved to approve item 2.1, seconded by Board Member Partin.
The motion carried (4-0).
3.0 PUBLIC HEARING ITEMS
3.1 BOA16-0004 Safety Fence around Swimming Pool in Front Yard at 8 Holden
Circle
Conduct a public hearing, discuss and consider a variance request from Zoning
Ordinance Section 18. Fence and Wall Regulations, specifically from Section 18-604:
Front yard requirements stating: "No fence shall be erected to a height greater than four
feet above the finished lot grade" and "The solid area of the fence shall not exceed 50
percent of the total area of the fence", to build a wooden solid safety and privacy fence
with a portion being taller than 4' around a swimming pool in the front yard at 8 1folden I
i Circle property.
Chairman Yahwak read public hearing item 3.1 into record.
Ms. Sen presented the staff report.
Board member Partin asked why only one side of the fence boundary is being requested to be
solid wood?
Board of Adjustment Minutes
September 21, 2016
Page 2 of 3
Board member Truskunas asked whether the BOA is only considering the wood fence or also
realigning the existing backyard fence on City property?
Ms. Sen answered that the existing fence on City property is not under this current BOA review.
The applicant is working with the Parks and Recreation Department to get an agreement with the
City using that property. lie will be able to realign the fence once the agreement is approved by
the Council.
Chairman Yahwak opened the public hearing at 6:38 pm.
Applicant and property owner Mr. Craig Sloan approached the Board and answered Board
member Partin on why the solid wood fence is going to be on one side and not the other sides of
the pool. Ile stated that applying a solid wood fence on the back will ruin the view of the lake for
neighbors, visitors or anyone accessing the Holden Circle. This would ruin the aesthetics of the
neighborhood and would also not look nice on his front yard. 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 Truskunas asked if the existing tree where the swimming pool is being proposed
can be removed as some trees are protected per City ordinance.
Ms. Sen answered that there are some protected trees listed under Zoning Ordinance but single
family residential property does not have to protect or mitigate any protected tree on their site. It
is only applicable to commercial/non-residential properties.
Chairman Yahwak asked if any of the neighbors had contacted the City 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 6:50 p.m.
Board Member Partin moved to approve item 3.1, seconded by Board Member Odum.
The motion carried (4-0).
ion, Chairman Yahwak adjourned the meeting at 6:51 p.m.
VA
Surupa Si, AICP Senior Planner