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HomeMy WebLinkAbout06/20/2012 BLDG MINUTES CITY OF THE COLONY BUILDING AND STANDARDS COMMISSION BOARD OF ADJUSTMENT Wednesday, June 20, 2012 After determining that a quorum was present, the Building and Standards Commission and the Board of Adjustment of the City of The Colony, Texas convened into a Joint Session which was held on Wednesday, June 20, 2012 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: Lloyd Martin, Vice Chairman; Donna McCright; Gerald Odum; and Charles Tredo. Board Member Absent: Constance Yahwak, Chairperson. Present from Staff: J. Michael Joyce, AICP, Development Services Director; David Summers, Chief Building Official; Iris Browder, Community Image Manager; Jeff Moore, City Attorney, Felicia Campa, Recording Secretary. BUILDING AND STANDARDS COMMISSION MEETING 1.0 CALL REGULAR SESSION TO ORDER Vice Chairman Martin called the meeting to order at 7:10 p.m. 2.0 ITEM FOR CONSIDERATION 2.1 Consider approval of the minutes of the regular session of the April 18, 2012 Building and Standards Commission meeting. It was moved by Commissioner McCright to approve Item 2.1 as presented, seconded by Commissioner Odum and carried (4-0). 3.0 WORKSHOP ITEM 3.1 Provide the Building and Standards Commission with an overview of their duties and responsibilities. Mr. Moore explained to the Commissioners what their role is as the Building and Standards Commission and the process as to how a case would be presented before the Building and Standards Commission for consideration. Commissioner McCright asked why rental registration and inspection was included within the ordinance. Mr. Joyce responded that the rental registration and inspection ordinance is a separate article within the Code of Ordinances. Minutes of the Building and Standards Commission and Board of Adjustment June 20, 2012 Page 2 of 4 Commissioner McCright asked if the ten (10) day notification that is published in the newspaper is fair being that not much is published in the city newspaper, so many may not read it. Mr. Joyce responded that the notification has to be published in the newspaper of record. Commissioner McCright stated that her concern was for the property owners that may not live in the area. Mr. Moore responded that other forms of notification are required per the ordinance to be conducted prior to the Building and Standards Commission hearing the case. Mr. Joyce followed up in stating that once a case goes through the process, the Commission will get a better understanding. Being no further discussion, Vice Chairman Martin adjourned the Building and Standards Commission meeting at 7:30 p.m. BOARD OF ADJUSTMENT MEETING 1.0 CALL REGULAR SESSION TO ORDER Vice Chairman Martin called the meeting to order at 7:30 p.m. 2.0 ITEM FOR CONSIDERATION 2.1 Consider approval of the minutes of the regular session of the April 18, 2012 Board of Adjustment meeting. It was moved by Board Member McCright to approve Item 2.1 as presented, seconded by Board Member Tredo and carried (4-0). 3.0 ITEM FOR CONSIDERATION 3.1 SBA12-0002 - Variance Request - 5553 Greenhollow Lane. Conduct a public hearing, discuss and consider approval of a variance to Section IOB-600(c), Accessory Structures, to allow an existing patio cover/arbor at 5553 Greenhollow Lane, which was constructed without a building permit and is located within the required three (3) foot setback from the primary structure, to remain. Mr. Joyce presented the staff report. Board Member Tredo asked why the contractor didn't get the permit. Minutes of the Building and Standards Commission and Board of Adjustment June 20, 2012 Page 3 of 4 Mr. Giannini, resident of 5553 Greenhollow Lane in The Colony, Texas, responded that it was an erroneous oversight on the contractor's part that the permit was not pulled. Board Member Tredo asked if the bid proposal that the resident received from the contractor included charges for a permit. Mr. Giannini responded affirmatively. Board Member Tredo stated that he believes the contractor should have gotten the permit and should be chastised for his error. Board Member McCright responded that the grounds for consideration of the variance are not based on the error made. Board Member Tredo stated that the structure should be allowed to remain, contingent upon the contractor be fined for the error. Mr. Joyce responded that he will consult the attorney in reference to issuing a citation to the contractor. It was moved by Board Member McCright to approve Item 3.1 as presented, seconded by Board Member Odum and carried (3-1). Board Member Tredo objected. Board Member McCright stated that she didn't think the Board had the authority to fine the contractor unless the ordinance was changed to allow them the right to order a citation be issued. Board Member Tredo responded that there is a problem with permits being pulled because it is easy to overlook the requirement and something should be done about it. Board Member McCright stated that a situation where the Board is presented with a case where a variance is requested after the work is conducted because a permit was not applied for is infrequent, estimating two or three in approximately four years. Board Member Odum corrected by stating two or three years. Board Member Tredo asked for clarification that this case is the second or third case where a permit wasn't pulled. Board Member McCright responded affirmatively. Board Member Tredo stated that if the contractor is fined if a permit is not pulled, the contractor will be more likely to get the permit. Minutes of the Building and Standards Commission and Board of Adjustment June 20, 2012 Page 4 of 4 Board Member McCright stated that it's also the homeowner's responsibility to make sure the permit has been pulled. Mr. Joyce responded that staff will research within the code to see what recourse staff has. Mrs. Campa followed up in stating that most of the situations that staff encounters do not get forwarded to the Board, they are placed without a permit but correctly within the regulations of the code. Board Member Tredo asked what happens in the cases where the work is done correctly but without permit. Mrs. Campa responded that staff attempts to contact the contractor and the property owner for someone to pull the permit. Board Member Tredo asked if the applicant is penalized for doing work without a permit. Mr. Joyce responded affirmatively, continuing that the permit fees are doubled. Being no further discussion, Vice Chairman Martin adjourned the Board of Adjustment meeting at 7:47 p.m. C Lloyd Martin, Vice Chairman 1 ~ felicii Campa, Record ng Secretary ~ I