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HomeMy WebLinkAboutMinutes - Board of Adjustment - 09/17/2025 - RegularMINUTES CITY OF THE COLONY BOARD OF ADJUSTMENT MEETING WEDNESDAY, SEPTEMBER 17, 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, September 17, 2025, at 6:30 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, Dean Byers, Melissa Werner, Kimberly Stillwagon, Georgiana Bustos Board Members Absent: None 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 Yahwak called the Regular Session of the Board of Adjustment meeting to order at 6:31 p.m. 2.0 1 CONSENT AGENDA 2.1 1 Consider approval of the minutes of May 21, 2025 Regular Session. Chair Yahwak read Consent Agenda Item 2.1 into record. Chair Yahwak stated the meeting minutes of May 21, 2025 needed a correction. She cited that on page 2, the street name `Graham' was misspelled. Member Byers made a motion to approve Consent Agenda Item 2.1 with the corrections specified by Chair Yahwak, seconded by Member Bustos. The motion carried (5-0). 3.0 PUBLIC HEARING ITEMS 3.1 SE25-0001— 4700 Strickland Avenue — Detached Garage Conduct a public hearing, discuss and consider a Special Exception to Section l OB -400 (b)[Standards for detached garages accessory to residential use] to allow a detached garage to be located in the side yard where no detached garage shall occupy space in the front or side yard. The subject site is located at 4700 Strickland Avenue within the Single -Family 1 (SF -1) Zoning District. Chair Yahwak read Public Hearing Item 3.1 into record. Ms. Ducay presented the staff report. Member Byers had a question regarding item 3.1 He asked if the roof of the detached garage was 16 feet tall and how it compared to the height of the residence. Ms. Ducay responded that the detached garage was lower than the residence and it met the requirements. Member Werner had a question regarding item 3.1 She asked if the structure was visible from Main Street. Ms. Ducay responded that Staff had conducted a site visit and had concluded it was not visible from Main Street. Chair Yahwak added that it [not being visible] was due to the wall that was there and Ms. Ducay confirmed. Member Bustos stated that it looked like it was in the back and away from anyone else's property and it [the property] looked like it wouldn't affect anyone's property values. Ms. Ducay responded and stated that the property was at the end of a cul-de-sac and that there was only one property adjacent to it. She added that based on Staff s observation, a lot of the properties surrounding 4700 Strickland Ave., had similar structures. Chair Yahwak asked if this was on the side of Strickland Ave. where the properties had larger lot sizes. Ms. Ducay responded, "Yes, it's got the larger rear yard." Member Werner asked if the dimensions of the project changed because she could see that it was already being built and then were changed to add an additional 9 inches, which is what prompted the special request. Ms. Ducay explained that the project had not received approval and that code enforcement had received a complaint about the structure and found that a violation of unpermitted use had taken place. As a result of that, a permit was submitted and during that review process, the Planning Department found that the measurements were off by 9 inches. Member Werner asked Ms. Ducay if she knew why someone complained. Ms. Ducay responded by saying that she did not have that information and only knew that code enforcement had gone out to the property and had found that unpermitted structure. Member Werner asked if the 9 inches were needed. Ms. Ducay stated that she would let the resident answer that question. Chair Yahwak opened the public hearing at 6:40 pm. Pat Pennington, resident of 4709 Heatherington approached the mic. He stated that he saw this [the structure] as a great improvement. He added that the area behind the wall has been unkept and is neglected. He closed by stating that he did not have any problems with it. Mr. Rick Stumvoll, resident of 4700 Strickland Ave. approached the mic. He explained the reason for the addition of the 9 inches. He stated that it was a miscommunication with the contractor and the City. He stated that he believed that all the permits had been approved and then came to realize that only part of it was at which point he applied for whatever else was needed. He added that he sometimes gets confused by the process with inspections and doesn't know whether something is approved. Member Werner asked Mr. Stumvoll if the structure was all enclosed. She added that from an aesthetics standpoint, it was important that things looked good for his neighbors as well. Mr. Stumvoll replied that he was planning on adding AC and insulation to the structure and that he hoped to be able to add a little garage to the side of it to store some of the vehicles and other items and remove them from the street. Chair Yahwak asked if there were any other questions regarding item 3.1 Member Byers asked where the 9 inch encroachment was on the plans provided. Mr. Stumvoll replied that it would be on the west side. Ms. Ducay assisted Mr. Stumvoll in clarifying the plans and the location of the encroachment. She ended by stating that everything else met the requirements and that Staff had no objections to this project. Chair Yahwak asked if there were any other questions regarding item 3.1 Chair Yahwak closed the public hearing at 6:46 pm. Member Werner made a motion to approve Public Hearing Item 3.1, seconded by Member Byers. The motion carried (5-0). Elections were held for new Chair and Vice Chair. Chair Yahwak asked if there were any nominations for chair. Chair Yahwak nominated Member Byers for the position of Chair seconded by Member Bustos. Chair Yahwak asked if there were any nominations for Vice Chair. Member Stillwagon nominated Member Werner for the position of Vice Chair seconded by Member Byers. There being no further business to come before the Board, Chair Yahwak adjourned the Regular Session of the Board of Adjustment at 6:51 p.m.