05-23-1996 Regular Meeting - Laserfiche WebLink

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. ' Page 6 of 8 ' Zoning Board of Adjustment. • Minutes of May 23, 1996 Chairman Bernay swore in Jerry Cooney, who resides at 200 Bay Colony Drive. Mr. Cooney stated that he is a neighbor of Mr. Cardenas. He noted that he favors safety for children but feels that Mr. Cardenas has created a permanent problem for a temporary situation. Mr. Cooney offered several possible alternatives for keeping the child away from the bay. He provided a copy of a plat that showed eight (8) Bay Colony properties along the bayfront. Mr. Cooney noted that none of them have a fence parallel to Galveston Bay. He also submitted panoramic styled photographs which he feels show the visibility problem the fence poses. He also provided a copy of Bay Colony's Deed Restrictions. Mr. Cooney concluded by asking the Board to disallow the wooden fence or any fence parallel to Galveston say. Chairman Bernay swore in Kay Snider, who resides at 202 Bay Colony. Ms. Snider shared her concerns about aesthetic and financial aspects. She requested that a permit not ~be issued for the fence. Chairman Bernay swore in James Suber, who resides at 3902 Bonita. Mr. Suber is on the Board of Directors for Bay Colony. Mr. Suber noted that Mr. Cardenas has disregarded the Deed Restrictions for Bay Colony Subdivision. When asked by Mr. Capen if the Association planned to pursue the violation of the Deed Restrictions, Mr. Suber replied by saying "not immediately". Chairman Bernay swore in Richard Petronella, attorney for Mr. Cooney, whose address is 2635 Caisson, Houston, Texas. Mr. Petronella asked the Board to take away the element of child safety when determining whether an appeal should be granted for the Cardenas fence. Mr. Petronella disagreed with Mr. Cardenas' interpretation of Zoning Ordinance, Sections 10-501 and 10-502. Chairman Bernay swore in Frances Heyck, who resides at 210 Bay Colony Drive. Ms. Heyck said she is concerned about obstruction of the view of the bayfront. When planting shrubbery, she is always aware if what she is planting is interfering with her neighbor's view of the bay. Chairman Bernay swore in Dean Snider, who resides at 202 Bay Colony. Mr. Snider asked that the record show he is in favor of child safety. Mr. Snider suggested Mr. Cardenas construct a fence on the side yard of his property. He is also concerned about the shrubs that are presently obstructing the view. He also noted that from the second story of his home, he looks down and the fence reminds him of a corral. Chairman Bernay swore in Bobbie-Vee Cooney, who resides at 200 Bay Colony. Ms. Gooney's main concern is the view. She asked the Board to deny Mr. Cardenas' request.