HomeMy WebLinkAboutMinutes - Board of Adjustment - 01/21/2026 - RegularMINUTES
CITY OF THE COLONY
BOARD OF ADJUSTMENT MEETING
WEDNESDAY, JANUARY 21, 2026
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, January 21 2026, at 6:30 p.m. in the City
Council Chambers located at City Hall, 6053 Main Street, The Colony, Texas, at which time the following
items were addressed:
Board Members Present: Constance Yahwak, Dean Byers, Melissa Werner and Kimberly Stillwagon
Board Members Absent: Georgiana Bustos
Staff Present: Isaac Williams, Planning Director; Allisen Ducay, Planner; Melissa Devin, Planning
Technician and Alan Lathrom, Attorney
1.0 1 CALL REGULAR SESSION TO ORDER
Chair Byers called the Regular Session of the Board of Adjustment meeting to order at 6:30 p.m.
2.0 CONSENT AGENDA
2.1 Consider approval of the minutes of the December ];" 2025 Regular Session.
Chair Byers read item 2.1 into record.
Member Yahwak made a motion to approve the minutes, seconded by Member Werner. The
motion carried (4-0)
3.0
PUBLIC HEARING ITEMS
3.1
BOA25-0005 - PI OP Headquarters - Cross Access Variance
Conduct a public hearing, discuss and consider a variance from Section 13-110 [Off-street
Parking Area Layout and Design] of the Zoning Ordinance to allow the subject site to be
developed without providing cross access where all nonresidential lots and tracts shall provide
cross access. The subject site contains approximately 0. 551 acres (23,995 sq. ft) and is located
at Garza Little Elm Lake Estates, Lots 8-15, Block 2, within the Light Commercial (LC) Zoning
District.
Chair Byers read Public Hearing Item 3.1 into record.
Ms. Ducay presented the staff report.
Member Werner asked if there would be a parking lot for people to park.
Ms. Ducay responded that yes, there was room for parking right in the center by the drive -isle.
Member Werner asked if emergency vehicles would enter and exit the property safely.
Ms. Ducay responded that both fire and police emergency services were part of the review process and
both had no comments.
Chair Byers asked what sort of delivery traffic could go through there.
Ms. Ducay responded that the questions regarding delivery vehicles would be addressed by the applicant
and reiterated that emergency vehicles and trash services would have safe access to that site.
Member Yahwak asked for clarification on some details depicted in the site plan.
Ms. Ducay explained and addressed her question.
Member Stillwagon asked about a trash receptacle on the property and asked if it was going through or if
it was connected to the alley.
Ms. Ducay responded that it was not connected and the trash receptacle was placed at the end of the
property line.
Member Werner asked if the site would contain eight (8) lots which would turn into one (1) with 2
proposed building sites and a big parking lot in between.
Ms. Ducay responded in the affirmative.
Chair Byers asked if there were any more questions for staff.
Chair Byers opened the public hearing at 6:38
Jeremy Smith and Christie Smith (applicants) stepped forward and offered to answer any questions the
Board may have.
Member Werner asked about the employee count of their business to understand the traffic pattern.
Mr. and Mrs. Smith responded that it was just them and the site would be used for storage.
Member Werner asked for further clarification on the use of the warehouse.
Mr. Smith replied that there may be an office space where he can work out of but other than the
occasional delivery or the cleaning crew, there wouldn't be a lot of traffic. He added that it is precisely
why they're not requesting a large area to park because they are not anticipating a heavy flow of traffic.
Alan Lathrom addressed Chair Byers with a suggestion.
He stated that the Board of Adjustment has the ability to place restrictions on variances if they so desired.
It was his recommendation that if the Board of Adjustment chose to approve the request, they approve it
with the condition that the site only receives relief so long as the property remains a single lot [once
replated]. He further explained that this was important in case the land did not get replated into a single
lot, and remained as 8 lots, so the responsibility of providing cross -access would still apply; even in the
future if the land were to be further developed.
Member Stillwagon asked for clarification on the count of the current lots.
Ms. Ducay responded that the site was still 8 separate lots and that the site plan and the replating process
were halted while they waited for the variance to be approved, however, those requests were currently
also under review.
Member Werner asked for further clarification on the suggested condition that Mr. Lathrom had
previously presented to the Board.
Mr. Lathrom explained that it did not matter whether there was a new owner on the property who then
decided to replat the land, the condition placed on the current request would force the new owner(s) to
either provide the required cross -access or request relief in the same manner that Mr. and Mrs. Smith had
done.
Chair Byers asked if there were any other questions.
Member Stillwagon made a motion to approve Public Hearing Item 3.1, with the aforementioned
conditions suggested by Mr. Lathrom, seconded by Member Werner. The motion carried (4-0).
There being no further business to come before the Board, Chair Byers adjourned the Regular Session of
the Board of Adjustment at 6:45 pm.