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01-25-2010 (Zoning Board of Adjustment) Minutes Wylie Zoning Board of Adjustment CITY OF WYLIE Minutes Zoning Board of Adjustment Monday, January 25, 2010 —7:00 pm Wylie Municipal Complex—Council Chambers 2000 Highway 78 North CALL TO ORDER Announce the presence of a Quorum. 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 Bill Baumbach, Board Member Darnell Harris, and Board Member Bryan Rogers. Board Member Karyn McGinnis arrived late. 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 April 27, 2009 Meeting. A motion was made by Board Member Baumbach, and seconded by Board Member Rogers, to approve the Minutes from the April 27, 2009 Meeting as submitted. Motion carried 4 —O. Board Member McGinnis arriving after the vote. PUBLIC HEARINGS 1. Hold a public hearing to consider and act upon a request by R.C. Ottwell, Jr. for a Variance to Section 4.2.A.3 of the Zoning Ordinance requiring a side yard setback of a minimum of 10', property located at 1322 Century Way, being Lot 5R, Block A of the Century Business Park Addition. (ZBoA 2010-01). Mr. Haskins stated that the property is located at 1322 Century Way. The applicant is requesting a variance from 10 foot side yard setback to a zero side Minutes January 25, 2010 Wylie Zoning Board of Adjustment Page 1 of 3 setback. The applicant is proposing to construct a 4,000 square foot addition to an existing structure, which the variance would allow the structure to abut to the fence. The purpose of the request from the applicant is to deter pedestrian traffic along the side of the building. The Board has approved set back variances previously, but not for a structure of the proposed size and not for zero feet. Public comment forms were mailed to eight property owners within 200 feet of this request, and no responses either in favor or against were received. Chairman Jourdan opened the Public Hearing. Mr. R.C. Ottwell, Jr., 1322 Century Way, applicant, stated that the access to the building is on the south side of the building. The proposed addition will be used for storage warehouse constructed the same as the existing structure, with a tilt wall. Mr. Ottwell stated that after visiting with one of the adjacent property owners, he would request the variance change from zero to five feet. He realized that if there is maintenance needed to the side of the building, a five foot setback would allow access. The space is concrete dead space, and there is no type of landscaping or grass in that area. If the building is constructed five feet from the fence, it may deter pedestrian trespassers. Mr. Ottwell stated that his property has already been broken into twice. Board Member Rogers recommended constructing a solid masonry wall for that side of the property. Mr. Ottwell agreed that the solid masonry wall may deter the foot traffic, along with a five foot variance. Chairman Jourdan closed the Public Hearing. The Board Members discussed the hardship and recommended constructing a masonry screen wall to secure the property. A motion was made by Board Member Rogers, seconded by Chair Jourdan, to Grant the request for a variance to Section 4.2.A.3 of the Zoning Ordinance, to reduce the required ten foot side yard setback to five feet with a solid masonry wall to screen to the street side, property located at 1322 Century Way, being Lot 5R, Block A of the Century Business Park Addition. Motion failed 2 — 3. Board Member Rogers excused himself from the meeting on the next item due to a conflict of interest. Miork Minutes January 25, 2010 Wylie Zoning Board of Adjustment Page 2 of 3 2. Hold a public hearing to consider and act upon a request by WOS Belinda Hockett for a Variance to Section 5.2.E.1.c parking regulations of the Zoning Ordinance to reduce the required Commercial Amusement or Recreation Inside to allow 40 parking spaces in lieu of the required 80 (ZBoA 2010-02). Ms. 011ie stated that the subject property currently consists of a complex with approximately 13,150 square feet on a single lot within the FM 544 Industrial Park Addition, with a total of 36 parking spaces on site. The facility had two uses, a Warehouse Office and Personal Service Use (Dance Studio). In March 2009, the tenant (Dance Studio) occupying 3,150 square feet, requested and was approved by the City Council an alternative parking agreement, to allow them to utilize one parking space located across the street on Lot 10R, 710 Business Way. The Warehouse Use utilizes 10,000 square feet of the facility, and the applicant utilizes 3,150 square feet as Personal Service Use (Dance Studio). The Warehouse Use has moved out and now the applicant desires to utilize the remaining 10,000 square feet to operate a commercial indoor amusement use. The facility will house an indoor golf range, mini golf, batting cages and snack area. It was staffs opinion that the definition from the Zoning Ordinance for indoor commercial amusement, which was parked at 1 to 100, was for more of bowling alleys, arcade. Staff met with the Building Official in deriving an occupancy load based on the total square footage of useable public space. In accordance with current building codes the facility shall not exceed an occupancy load of 150 persons. This would allow a minimum of 50 parking spaces based on three persons per vehicle. The required parking spaces are determined by the gross square footage when different use areas are considered. Staff looked at different cities and different codes and broke down the uses as opposed to one space per square footage: Golf staffs parked three spaces per stall; mini-golf parked at three spaces per hole; batting cages parked three spaces per cage; the snack area parked at one space for every three seats; open party area of 1,333 square feet parked at 1 to 100. This would require 80 total parking spaces. In talking with the Building Official who looks at gross floor area, based on occupancy loads, what he recommended was 50 spaces, which would allow 150 maximum occupancy. The applicant is requesting 40 parking spaces, which is based on how she does business. However, the Zoning Ordinance requires parking spaces by occupancy load and by combined uses. The applicant will eventually have to get a shared parking agreement approved by City Council. The applicant has noted that they are in communication with the property owner of Lot 10R, 710 Business Way to secure additional parking. The outcome of this request will determine .00.witk how many off-site parking spaces would be required. Minutes January 25, 2010 Wylie Zoning Board of Adjustment Page 3 of 3 In summary, the applicant is requesting 40 parking spaces, which would require 19 off-site shared parking; the recommendations from building official is 50 spaces, which would require 29 off-site shared parking; the recommendations from planning is 80 spaces, which would require 59 off-site shared parking; and the current Zoning Ordinance requirement is 100 spaces with 79 off-site parking spaces. Board Member Baumbach questioned the hours of operation for all uses and if there was overlapping between the dance studio and commercial indoor use. Ms 011ie stated that yes there will be overlapping, because both uses will include after-hours and weekends. Ms. Belinda Hockett, 3106 Eagle Mountain Drive, Wylie, the applicant, stated that there will be about three or four employees for the commercial indoor use. The dance studio has private lessons, which would be about one to four cars. The batting cages will be mostly young people who are dropped off by their parents. Ms. Hockett stated that the lot currently has 36 parking spaces, and is able to obtain eight additional spaces, giving her a total of 44 parking spaces. Board Member McGinnis questioned the number of staff employees for the snack area. Ms. Hockett stated that the employees will not manning the snack area. Chairperson Jourdan questioned the parking capability during the summer hours. Ms. Hockett stated that the facility will not allow the young people to come and hang out. The young people will pay for their allotted time to practice batting and then they will leave. The parents will be dropping them off and coming back to pick them up, most likely. Baseball season is in the spring and fall, and there may be a league in the summer, but most of the practice time will be in the spring and fall. Chairperson Jourdan stated that twelve property owners were mailed public comment forms. Four comment forms were returned with one in favor and three opposing the request. One of the comment forms in opposition was from property owner across the street. The other comment forms were from property owners across the railroad right-of-way. The Board Members discussed in length the shared parking agreement and the public comment forms in opposition. Ms. 011ie stated that the surrounding area was developed for Light Industrial Use, where the parking requirement is 1 to 250. The proposed use is a very good use but the area is not developed for that type of use. Ms. 011ie cautioned the Board Members to although keeping the shared parking agreement in mind, but not to analyze the future of the shared parking agreement. The proposed variance request is to be approved standing on its own, knowing that a shared parking agreement will need to approved. A motion was made by Board Member Baumbach, and seconded by Board Member Harris, to Grant the variance to Section 5.2.E.1.c parking regulations of the Zoning Ordinance to reduce the required Commercial Amusement or Recreation Inside to allow 60 parking spaces in lieu of the required 100. Motion carried 4 — 0, with Board Member Rogers abstaining. Minutes January 25, 2010 Wylie Zoning Board of Adjustment Page 4 of 3 ADJOURNMENT A motion was made by Board Member Baumbach, and seconded by Board Member McGinnis, all Board Members were in consensus, and the meeting adjourned at 8:20p.m. l iLudl* Linda J rdan,Chair ATTEST: . \r , , kt\ Ma .4-j.) N ,-), , a y, Secretary Minutes January 25, 2010 Wylie Zoning Board of Adjustment Page 5 of 3