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04-26-2010 (Zoning Board of Adjustment) Minutes Wylie Zoning Board of Adjustment CITY OF WYLIE Minutes Zoning Board of Adjustment Monday, April 26, 2010 — 7:00 pm Wylie Municipal Complex—Council Chambers 2000 Highway 78 North CALL TO ORDER Announce the presence of a Quorum. Vice-Chair Marilyn Herrera called the meeting to order at 7:10 p.m. and stated that a quorum was present. Board Members present were; Board Member Bill Baumbach, Board Member Darnell Harris, Board Member Karyn McGinnis, and Board Member Bryan Rogers. Chair Linda Jourdan was absent. 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 March 22, 2010 Meeting. A motion was made by Board Member Rogers, and seconded by Board Member McGinnis, to approve the Minutes from the March 22, 2010 Meeting as submitted. Motion carried 4 — 0, with Board Member Harris arriving after the vote. PUBLIC HEARINGS 1. Hold a public hearing to consider and act upon a request by Mayra R. Walters for a Variance to Sections 2.5.C.2.c (2), (4), & (6) of the Zoning Ordinance requiring that no accessory building be located within an easement, that they be located with a side yard setback of a minimum of 5' from the property line, and a minimum set back of 5' from any other structure, property located at 1207 Scottsdale Minutes April 26, 2010 Wylie Zoning Board of Adjustment Page 1 of 3 Drive, being Lot 10, Block H of the Quail Meadow Addition.( ZBA 2010-04). Mr. Haskins stated that the property is located at 1207 Scottsdale, and the applicant is Ms. Mayra Walters. The applicant is requesting three variances in order to place a 112 square foot accessory building on the side of their property. The variances consist of requesting a four foot side yard setback, a three foot building setback, and to place the structure within a drainage easement. The Board Members can choose to approve the request as submitted or choose to approve two of the variances, with the stipulation that the setbacks be five feet from either the side yard or the building setback. The City Engineer has provided a statement stating that the accessory building may be placed within the easement with the following requirements; the building must be portable, and no permanent foundation because the drainage easement is for an underground eighteen inch Reinforced Concrete Pipe (RCP). The applicant has stated that the hardship exists due to existing trees in the back yard, the amount of property located within an easement, and an existing pool. Public comment forms were mailed to 29 property owners within 200 feet. Staff commented that the applicant is obviously a good neighbor, as we received nine comment forms and all were in favor of the variance. Chair Herrera opened the public hearing. Ms. Mayra Walters, the applicant, stated that she was willing to place the accessory building within five feet from either her main structure or from the side yard. The plat layout proposed the accessory building in the middle, just for easy access around the structure. Board Member Baumbach expressed concerns for fire access. Mr. Haskins stated that in previous approved requests, the Fire Marshal had no concern for the accessory buildings being located within two to three feet of the main structure. Chair Herrera closed the public hearing. With no further questions, a motion was made by Board Member Rogers, and seconded by Board Member Harris, to Grant the variance to Sections 2.5.C.2.c (2), (4), and (6) of the Zoning Ordinance with these conditions; that the accessory building be portable, not be on a permanent foundation because of drainage easement, that the side yard setback be four feet instead of a minimum of five feet from the property line, and that the setback from any other structure be three feet instead of five feet. The property is generally located at 1207 Scottsdale, being Lot 10, Block H of the Quail Meadow Addition. Motion carried 4— 1, with Board Member Baumbach voting in opposition. Minutes April 26, 2010 Wylie Zoning Board of Adjustment Page 2 of 3 ADJOURNMENT A motion was made by Board Member Baumbach, and seconded by Board Member Rogers, all Board Members were in consensus, and the meeting adjourned at 7:20p.m. Marilyi Herrera,Vice-Chair ATTEST: P1 j. Secrets a Bra�Y� rY Minutes April 26, 2010 Wylie Zoning Board of Adjustment Page 3 of 3