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04-27-2009 (Zoning Board of Adjustment) Minutes Wylie Zoning Board of Adjustment CITY OF WYLIE Minutes Zoning Board of Adjustment Monday, April 27, 2009 —7:00 pm Wylie Municipal Complex— Council Chambers 2000 Highway 78 North CALL TO ORDER Chair Linda Jourdan called the meeting to order at 7:00 p.m. and stated that a quorum was present. Board Members present were; Board Member Bryan Rogers, Board Member David Dahl, Board Member Bill Baumbach, and Board Member Jeff Ellis. Absent were Vice-Chair Marilyn Herrera, and Board Member Karyn McGinnis. Staff members present were: Planning Director, Renae 011ie, Assistant Planner Jasen Haskins, and Administrative Assistant Mary Bradley. CONSENT ITEMS 1. Consider and act upon approval of the Minutes of the October 27, 2008 Meeting. A motion was made by Board Member Dahl, and seconded by Board Member Rogers, to approve the Minutes from the October 27, 2008 Meeting as submitted. Motion carried 5 — 0. PUBLIC HEARINGS 1. Hold a public hearing to consider and act upon a request by John Woodall for a Variance to Section 2.5.4.3 (b & e) of the Zoning Ordinance requiring no structure be placed within an easement and a rear yard setback of a minimum of 5', property located at 714 Westwind Way in the Westwind Meadows Subdivision, Block 4, Lot 6 (ZBA 2009-01). Minutes April 27, 2009 Wylie Zoning Board of Adjustment Page 1 of 5 Mr. Haskins stated that the property is located at 714 Westwind Way and was platted under the 1985 Zoning Ordinance. The applicant is requesting two variances. The applicant states that an accessory building existed before the house was purchased, and a new accessory building replaced the existing accessory building. Due to the construction of the new accessory structure, the current Zoning Ordinance regulates the requirements for the accessory structure. Section 2.5.4.3.b prohibits an accessory structure from being located in an easement. The applicant is requesting a variance from this requirement. The applicant has provided a letter signed by him and Oncor Electric, who owns the easement, consenting to place the accessory building on the easement with specific provisions. The applicant is also requesting a variance from Section 2.5.4.3.e for the requirement for a rear yard setback of five feet to one foot. This represents an eighty percent adjustment to the requirements of the Zoning Ordinance. The structure is four feet from the alleyway. The applicant states that a hardship exists due to unique circumstances on the property. The new accessory structure replaced an existing accessory structure and was placed in the same area as the previous one. If the new accessory structure was placed in any other area of the backyard, it may have resulted in a large mature tree being damaged or removed. Public Comment Forms were mailed to 37 property owners, and six responses were received all in favor of the request. Chair person Jourdan opened the Public Hearing. Jill and John Woodall, 714 Westwind Way, Wylie, the applicants, stated that the new accessory structure is six foot longer than the old existing structure, but it is the same depth. Nick Thierfelder, 710 Westwind Way, spoke in favor of the request and that the old structure was falling apart. The new structure is very nice and complements the neighborhood. Memory Wilks, 705 Westwind Way, spoke in favor of the request, and stated that the backyard is not large enough for an accessory structure to fit within the requirements. Ms. Wilks expressed misunderstanding on the revising of Zoning Ordinance. Ms. 011ie stated that the Zoning Ordinance was revised several times since the subject property was developed. Rather than making the Zoning Ordinance comply to the specific neighborhood, it is regulated by the majority of the neighborhood in the city. Most neighborhoods within the City of Wylie are developed to allow accessory structures to fit the requirements. The Zoning Board of Adjustment allows those properties that have unique circumstances and hardships to obtain a variance. The Zoning Ordinance is periodically revised as society and materials change. Minutes April 27, 2009 Wylie Zoning Board of Adjustment Page 2 of 5 Anita Carrico, 706 Westwind Way, spoke in favor of the request, and that the new structure is very attractive and blends with the property. Tim Epperson, 713 Westwind Way, spoke in favor of the request, and sees no problem with the shed. He stated that both of his kids are sick tonight, but both have stated "save the box". John Godwin, 718 Flagstone Way, spoke in favor of the request, and stated that he located two structures that met the requirements within the Zoning Ordinance. Debra Byrd, John Sutten, and Warren Robertson were all in attendance in support of the request, but chose not to speak. Chair Person Jourdan closed the Public Hearing. Board Member Ellis stated that his personal opinion was in favor of community views and with all neighbors in favor, which outweighs the technical regulations. Board Member Baumbach concurred with Board Member Elllis, and complimented Mr. and Mrs. Woodall for being good neighbors to have a majority of them show up in support of the request. Board Member Dahl expressed concern of setting precedence, in response to a statement made of the number of accessory buildings that are nonconforming. Chair Person Jourdan stated that even though each variance was considered individually, the City Council will periodically review the number of variances requested and will consider revising the Ordinance if the variances are on the same type of request. Mr. Haskins stated that the subject neighborhood was a unique one, with the alley and easement. This is a case by case basis for neighborhoods with unique circumstances. The majority of the neighborhoods would not have an easement or an alley. Board Member Ellis encouraged the citizens in attendance, if they decided to construct an accessory building to come before the Board for a variance prior to the construction. A motion was made by Board Member Baumbach, and seconded by Board Member Rogers, to Grant both variances as requested; variance to Section 2.5.4.3.(b&e) of the Zoning Ordinance requiring no structure be placed within an easement and a rear yard setback of a minimum of five feet, property located 714 Westwind Way in the Westwind Meadows Addition, Block 4, Lot 6. Motion carried 5 — 0. 2. Hold a public hearing to consider and act upon a request by James Edge for a Variance to Section 6.3.E.4.b.3 of the Zoning Ordinance requiring a side yard setback of a minimum of 5', property located at 201 N. Jackson in the Brown and Burns Subdivision, Block 6, Lot 35C (ZBA 2009-02). Minutes April 27, 2009 Wylie Zoning Board of Adjustment Page 3 of 5 Mr. Haskins stated that the property is located at 201 N Jackson and is zoned Downtown Historic District. The applicant is requesting a variance to Section 6.3.E.4.b.3 for the requirement of a side yard setback be equal to or greater than the side yard setback of adjacent properties. The applicant desires to construct a carport, replacing a recently removed carport. The carport was in bad shape and falling down. The applicant proposes to construct a carport that matches the main structure with brick. The applicant states that a hardship exists due to the size of the existing residential structure and zoning restrictions, and placement of the carport in any area of the property other than where the previous one existed is not likely. It is Staff's opinion that the proposed new structure would not detract from the intent of the Downtown Historic District. Public Comment Forms were mailed to 24 property owners, and four responses were returned and all in favor of the request. Chair Person Jourdan opened the Public Hearing. Donna and John Edge, 513 Dogwood, Wylie and soon to be 201 N Jackson, applicant, stated that the main structure was built in 1894, and unsure when the carport was constructed. The proposed carport will visually match the existing main structure. Kathy Spillyards, 301 N Jackson, neighbor of the subject property, spoke in favor of the proposed variance. She stated that as a City Council Member, a residence of the Downtown Historic District, the importance of treasuring the Historical properties. The applicant has made a considerable investment, and the proposed improvements for the property will help the downtown area. The property is where it is, the surrounding area is what it is, the Zoning Ordinance is very helpful and needed for the City of Wylie, but exceptions need to be made. Chair Person Jourdan closed the Public Hearing. Board Member Baumbach expressed concern of the carport not being constructed to match the main structure, and recommended a stipulation made in the motion. A motion was made by Board Member Ellis, and seconded by Board Member Baumbach, to Grant the request with stipulation that the Accessory Building be constructed as drawn on the submitted Plan to match the main structure. Motion carried 5 — 0. Minutes April 27, 2009 Wylie Zoning Board of Adjustment Page 4 of 5 ADJOURNMENT A motion was made by Board Member Rogers, and seconded by Board Member Dahl, all Board Members were in consensus, and the meeting adjourned at 7:35p.m. r ,k4iii. ,___ (:-.,( /fi Linda Jo an, Chair V ATTEST: ,j11\ktiu JSACNC\k .0 Mary Bragg, Secretary Minutes April 27, 2009 Wylie Zoning Board of Adjustment Page 5 of 5