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HomeMy WebLinkAboutMinutes - Board of Adjustment - 02/19/2025 - RegularMINUTES CITY OF THE COLONY BOARD OF ADJUSTMENT MEETING WEDNESDAY, FEBRUARY 19, 2025 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, February 19, 2025 at 6:34 p.m. in the City Council Chambers located at City Hall, 6800 Main Street, The Colony, Texas, at which time the following items were addressed: Board Members Present: Constance Yahwak, Michelle Potts, Dean Byers, Angel DeLory, Victor Williams, and Melissa Werner (non-voting member) Board Members Absent: None Staff Present: Isaac Williams, Planning Director; Alan Lathrom, Attorney; Dan Rainey, City Council; Keyl Groff, Senior Planner; Ana Alvarado, Planning Technician 1.0 1 CALL REGULAR SESSION TO ORDER Chair Yahwak called the Regular Session of the Board of Adjustment meeting to order at 6:34 p.m. 2.0 1 CONSENT AGENDA 2.1 1 Consider approval pf the minutes of Januyq 15, 2025 Regular Session. Chair Yahwak read Consent Agenda Item 2.1 into record. Member Williams made a motion to approve Consent Agenda Item 2.1 with the correction of changing Acting Chair Byers to Chair Yahwak in the last paragraph of the minutes, seconded by Member Potts. The motion carried (5-0). 3.0 PUBLIC HEARING ITEMS 3.1 BOA25-0001— 5721 Perrin Street — Garage Requirement Conduct a public hearing, discuss and consider a variance to Section 13-101(f) [Vehicle Parking -Generally] to allow conversion of a garage where an enclosed, attached or detached garage of not less than 440 square feet in floor area and with a minimum width of 20 feet shall be required for all single-family dwelling uses. The subject site is located at 5721 Perrin Street within the Single -Family -4 SF -4 Zoning District. Chair Yahwak read Public Hearing Item 3.1 into record. Mr. Groff presented the staff report. Chair Yahwak asked why the City never required the builder to include at least a driveway in the eleven homes in the area that don't have a garage or a driveway. Staff responded that in 1979 the ordinance was originally created for the City and the parking requirement come in later. These homes could have been approved much earlier than the Denton CAD age of 1982 that staff used to evaluate this property. Staff does not have building permits to review for that time period. Denton CAD records show this house was built in 1982 and City ordinance at the time did not require the driveway or garage. It was in 1985 that the City started to require a garage of 220 sq.ft. garage at time of construction but could be converted as owners saw fit. In 2014 the ordinance was modified to require a 440 sq.ft. garage at time of construction but could be converted as owners saw fit. It was not until 2020 that the ordinance started to require a 440 sq.ft. garage to remain on the property. Member Williams asked if the modifications were made without permits. Staff responded that no permits were obtained. Chair Yahwak asked for clarification if the modifications to the garage were done by the prior property owner. Staff responded that photo evidence shows that the garage was converted by the previous owner sometime in the past. Member Williams asked if this property is owner occupied. Staff responded that the applicant will be able to speak to that. Member Byers asked for clarification when the applicant did the final step to eliminate the garage, if he would not have done that would it still be a functional garage. Staff responded to what is considered a functional garage. The garage inside was already practically converted so there was no internal access to the garage only from the outside garage door. If there was an inside door to the garage the space was only about ten feet long by ten feet wide so a vehicle would not fit inside the garage space. Chair Yahwak opened the public hearing at 6:47 pm. Mr. Eduardo Uribe, owner of 5721 Perrin Street spoke in favor of the request stating that his intentions were not to do anything against City policy but was to beautify the property and remove a rat infestation problem that was affecting the property and its neighbors. He was not aware that garage conversions were not allowed since within a two block area there are about twenty garage conversions. Member Williams asked if the property is owner occupied. Mr. Uribe responded that the property is not owner occupied and it has not been occupied since he has owned it. Chair Yahwak asked if the intention is to occupy the home or to have it as an investment property. Mr. Uribe responded that occupying it was an option, however, with everything that has gone into the property selling is the intent. Chair Yahwak asked when the home was bought and whether applicant ever questioned the previous owner why the garage was converted. Mr. Uribe responded that the home was bought six months ago and that it was bought from another individual since the previous owner had passed away. Member Williams asked when the permits were obtained to do the work. Mr. Uribe responded that about two months ago the permits were obtained after receiving a stop work order from the City. Staff responded that the building permit is approved by the building department if the board approves the variance. Member DeLory asked the applicant if he is an investor and how many properties, he has invested in. Mr. Uribe responded that a previous home was bought and sold and the property on Perrin was the second. Mr. Jorge Girado, owner of 5733 Perrin Street, spoke in favor of the variance request and informed the board that he knew the previous owner of the property and the garage was converted a long time ago to accommodate the previous owner's two sons. Chair Yahwak commented that garage conversions have to stop, that homes can be built up unless the City plans to build wider streets for people to park on. Member Potts asked if the driveway is still available on the property. Mr. Uribe responded that the driveway is available and parks two cars. Staff responded that the driveway was also redone. Chair Yahwak closed the public hearing at 7:05 pm. Member DeLory made a motion to approve Public Hearing Item 3.1, seconded by Member Byers. The motion carried (5-0). There being no further business to come before the Board, Chair Yahwak adjourned the Regular Session of the Board of Adjustment at 7:06 p.m.