09-27-2010 (Zoning Board of Adjustment) Agenda Packet Zoning Board of
Adjustments
CST � •
September 27, 2010
Regular Business Meeting
PitWylie Zoning Board of Adjustment
CITY OF WYLI NOTICE OF MEETING
q
Regular Meeting Agenda
Monday, September 27, 2010 — 7:00 pm
Wylie Municipal Complex — Council Chambers
2000 Highway 78 North
Linda Jourdan Board Member
Bill Baumbach Board Member
F. Darnell Harris Board Member
Karyn McGinnis Board Member
Kelly Price Board Member
Jason Potts Alternate Board Member
Bryan Rogers Alternate Board Member
Renae 011ie... ... ... ... ... ... ... ... ... ... .......Planning Director
Charles Lee Senior Planner
Jasen Haskins Assistant Planner
Mary Bradley Administrative Assistant
In accordance with Section 551.042 of the Texas Government Code, this agenda has been posted at the Wylie Municipal
Complex, distributed to the appropriate news media, and posted on the City website: www.wylietexas.gov within the
required time frame. As a courtesy, the entire Agenda Packet has also been posted on the City of Wylie website:
www.wvlietexas.gov.
The Chair and Board Members request that all cell phones and pagers be turned off or set to vibrate. Members of the
audience are requested to step outside the Council Chambers to respond to a page or to conduct a phone conversation.
The Wylie Municipal Complex is wheelchair accessible. Sign interpretation or other special assistance for disabled
attendees must be requested 48 hours in advance by contacting the City Secretary's Office at 972.442.8100 or TD
972.442.8170.
CALL TO ORDER
Announce the presence of a Quorum.
ELECTION OF CHAIR AND VICE CHAIR
CONSENT AGENDA
1. Consider and act upon approval of the Minutes of the June 28, 2010 Meeting.
September 27,2010 Wylie Zoning Board of Adjustment Regular Meeting Agenda Page 2 of 2
AGENDA
Public Hearing
1. Hold a public hearing to consider and act upon a request by Kevin Sharpies for a
Variance to Section 2.5.C.e.2 and Section 2.5.C.f.1 of the Zoning Ordinance from the
requirement of an accessory structure covering more than 2% of the lot to have a
masonry exterior and from the maximum height requirement of 14', property located at
821 Crestview Lane (ZBA 2010-07).
ADJOURNMENT
CERTIFICATION
I certify that this Notice of Meeting was posted on this 24th day of September, 2010 at 5:00 p.m. as required by law in
accordance with Section 551.042 of the Texas Government Code and that the appropriate news media was contacted. As a
courtesy, this agenda is also posted on the City of Wylie website: www.wylietexas.gov.
Carole Ehrlich,City Secretary Date Notice Removed
This page is intentionally blank
1411 Wylie Zoning Board of
Adjustment
CITY OF WYLIE
11,
Minutes
Zoning Board of Adjustment
Monday, June 28, 2010 — 7:00 pm
Wylie Municipal Complex — Council Chambers
2000 Highway 78 North
CALL TO ORDER
Announce the presence of a Quorum.
Chairman Linda Jourdan called the meeting to order at 7:04 p.m. and stated that
a quorum was present. Board Members present were; Vice-Chair Marilyn
Herrera, Board Member Darnell Harris, and Board Member Bryan Rogers. Board
Member Bill Baumbach and Board Member Karyn McGinnis were absent.
Staff members present were: Assistant Planner Jasen Haskins, and
Administrative Assistant Mary Bradley.
CONSENT ITEMS
1. Consider and act upon approval of the Minutes of the April 26, 2010
Meeting.
A motion was made by Board Member Rogers, and seconded by Board Member
Harris, to approve the Minutes from the April 26, 2010 Meeting as submitted.
Motion carried 4 — 0.
PUBLIC HEARINGS
1. Hold a public hearing to consider and act upon a request by Kumar
Poorkiyani for a Variance to Section 5.2.1.10.c parking regulations
of the Zoning Ordinance to reduce the required number of parking
spaces from six to zero, property located at 2815 Exchange
Parkway (ZBA 2010-05).
Mr. Haskins stated that the applicant requested a variance to parking regulations
due to a utility easement. However, after thorough research from Staff, required
Minutes June 28, 2010
Wylie Zoning Board of Adjustment
Page 1 of 3
parking is allowed within all easements except at-grade drainage easements.
When a Site Plan is submitted for consideration by the Planning and Zoning
Commission, the issue with all parking requirements and locations of easements
will be addressed at that time. Staff respectfully withdraws this item from the
Board.
Chairman Jourdan opened the Public Hearing, and with no one coming forward,
the Public Hearing was closed.
Zoning Board of Adjustment case 2010-05 was withdrawn.
2. Hold a public hearing to consider and act upon a request by Keith
Spurgin for a Variance to Section 5.5.A of the Zoning Ordinance
requiring that all temporary uses operate 90 days or less within a
one-year time frame, property located at 1100 West Brown Street
(ZBA 2010-06).
Mr. Haskins stated that the property is located at 1100 West Brown Street. The
property is owned and occupied by New Hope Christian Church, Keith Spurgin is
the Pastor/applicant.
The applicant previously met with Staff to discuss an addition to the existing
facility. The church is growing, but unfortunately the finances are not available at
this time to construct the new addition.
The applicant is requesting an extension to temporary structures from 90 days to
12 months or until the completion and occupancy of a new building. When a
permanent structure is financially possible for construction and completion, the
temporary structure will be removed.
Public comment forms were mailed to 38 property owners and four responses
were received. Two were in favor and two were in opposition of the request.
Chairman Jourdan opened the Public Hearing.
Pastor Keith Spurgin, 1525 Anchor Drive, Wylie, applicant for the subject
property, stated that the temporary buildings will be located behind the existing
facility. The Church is raising money for the construction of a new facility, but
unfortunately not enough to complete or start construction at this time. The
temporary buildings will not be visible from the street.
Board Member Rogers recommended extending the request from twelve months
to two years. Board Member Herrera agreed and stated that the Board did not
want to limit the applicant in their ability to grow, if there is not room there will be
no growth.
Mr. David Goss, 1033 Hall Drive, represented a member of the congregation,
and spoke in favor of the request and stated that the building will be constructed
strictly on cash and that he was very proud of the faith in the pastor.
Minutes June 28, 2010
Wylie Zoning Board of Adjustment
Page 2 of 3
Mr. William Duncan, 712 Georgetown, represented a property owner adjacent to
the subject property, questioned the primary use of the temporary buildings. Mr.
Spurgin stated that the buildings will be for spiritual growth for the children's
ministry. Mr. Duncan spoke in favor of the request.
Chairman Jourdan closed the Public Hearing.
A motion was made by Board Member Rogers, and seconded by Board Member
Harris, to Grant the request for a variance to allow for a two year temporary
building permit in lieu of the required 90 days or less in accordance with Section
5.5.A of the Zoning Ordinance. Motion carried 4 — 0.
ADJOURNMENT
A motion was made by Board Member Harris, and seconded by Board Member
Rogers, all Board Members were in consensus, and the meeting adjourned at
7:20p.m.
Linda Jourdan, Chairman
ATTEST:
Mary Bradley, Secretary
Minutes June 28, 2010
Wylie Zoning Board of Adjustment
Page 3 of 3
This page is intentionally blank
Wylie Zoning Board of
Adjustment
CITY OF WY LIE
........................................................._ AGENDA REPORT
Meeting Date: September 27, 2010 Item Number: 1
Department: Planning Case Number: 2010-07
Prepared By: Jasen Haskins Project Location: 821 Crestview Lane
Date Prepared: September 21, 2010 Subdivision Name: Stoneridge Farms Addition
Location Map; Applicant
Letter, site plan, and pictures;
Notification List and Map
Exhibits: with Responses
Subject
Variance to Section 2.5.C.e.2 and Section 2.5.C.f.1 of the Zoning Ordinance from the requirement of an accessory
structure covering more than 2%of the lot to have a masonry exterior and from the maximum height requirement of 14',
property located at 821 Crestview Lane.
Discussion
The subject property is located at 821 Crestview Lane in the Stoneridge Farms Addition.
The applicant is proposing to construct a 1,200 square foot, 19'9"high accessory structure, with a metal exterior material,
on a residential lot of approximately 43,330 square feet.
The applicant requests a variance to Section 2.5.C.e.2 and Section 2.5.C.f.1 of the Zoning Ordinance from the requirement
of an accessory structure covering more than 2% of the lot to have a masonry exterior and from the maximum height
requirement of 14'.
The property is currently zoned SF-10/24 which allows one or two accessory structures per lot not totaling more than 5%
lot coverage, cumulative. The ordinance requires a single accessory structure of more than 2% lot coverage to be built
with a masonry exterior to match the main building. The intent of the ordinance is to allow for the purchase and
installation of accessory structures, such as those sold at local home improvement centers, if they are relatively small
(<2%) compared to the lot and home size. However, larger accessory buildings,those greater than 2%but less than 5%of
lot coverage, are greater investments and usually more visible structures that are required to have a masonry exterior that
closely matches the main structure on the lot. Under this Ordinance the largest accessory structure available to the
applicant based on the size of his lot of 43,330 square feet is 866 square feet.
The applicant is also seeking a variance to the maximum height requirement of 14'. The intent of the Ordinance is to
ensure that accessory structures remain at a height lower than the main structure,thus emphasizing the main structure and
lowering the visibility of the accessory structure. The board has approved a similar request within the last 24 months. If
the Board agrees to approve this Variance, one consideration would be to limit the height to that as specifically asked for
by the applicant to ensure the main structure remains the highest structure on the lot.
The applicant has provided pictures and Collin CAD information of those properties within the immediate vicinity of the
subject property. These properties are also currently zoned SF-10/24 and have accessory structures larger than 2% of the
lot that do not have masonry exteriors. In addition, one structure is higher than 14'.
Page 1 of 2
Page 2 of 2
ZBOA 2010-07
The applicant maintains that due to these current conditions his request would be keeping within the look and feel of the
neighborhood. It is also his contention that the one acre lots in Stoneridge Farms represent a unique physical circumstance
as they are larger than the average lot within the City and thus the intent of the Ordinance is still being met if a variance is
approved.
Public comment forms were mailed to 17 property owners within 200 feet of this request, as required by State
Law. Three responses have been received at the time of this posting all in favor of the variance.
The Board shall not grant a variance to the development code which:
(1) Permits a land use not allowed in the zoning district in which the property is located; or
(2) Is in the public right-of-way or on public property; or
(3) Alters any definition of the development code; or
(4) Is other than the minimum variance that will afford relief with the least modification possible to the requirements
of the development code; or
(5) Is based on physical conditions or circumstances of the property so general or recurring in nature as to reasonably
make practicable the formulation of a general regulation to be adopted as an amendment to the development code;
or
(6) Is based exclusively on findings of personal or financial hardship.
In order to grant a variance to the development code the Board shall find that all the following have been satisfied:
(1) That there are unique physical circumstances or conditions of the lot, or other exceptional physical condition
particular to the affected property;
(2) That because of these unique physical circumstances or conditions,the property cannot be reasonably developed
or used in compliance with the provisions of the development code;
(3) That due to such unique physical circumstances or conditions,the strict application of the development code
would create a demonstrated hardship;
(4) That the demonstrable hardship is not self-imposed;
(5) That the variance if granted will not adversely affect the proposed development or use of adjacent property or
neighborhood;
(6) That the variance, if granted will not change the character of the zoning district in which the property is located;
(7) That the variance, if granted is in keeping with the intent of the development code; and
(8) That the variance, if granted will not adversely affect the health, safety or welfare of the citizens of Wylie.
Approved By
Initial Date
RO 09/21/10
Department Director
To: Wylie Zoning Committee
From: Kevin Sharpies � °� �10
Subject: Zoning Variance
Date: August 27, 2010
I am requesting permission to build a 30'X 40'X 19' 9"metal building with a 10' X 40'
Porch.
I have selected a premium metal building made by Mueller Inc. The paint is warranted
for 30 years. It has a good look that does not need to be covered with brick. I must admit
I like the low maintenance of the metal building, and believe it will stand up to the
shifting Texas soil better without the brick which is more likely to crack. This request is
not setting a precedent because there are many metal buildings in my neighborhood and.
in Wylie. Some of them exceed the 2%requirement and are without brick.
The reason I am requesting to go over the 12' restriction is that I have a travel trailer that
is 12 feet so I would need a door at least 13 feet. Standard doors are 12X12 or 14X14.
With the 13 foot door I will need a total of 19 feet 9 inches to accommodate the door
frame and the roof pitch of 3:12
I do not take these requests lightly but believe they would maintain a neat look in the
neighborhood and provide needed protection for my property. I would use the 30X40
shop for hobbies. I have 62 Ford that I look forward to restoring when I can do so without
subjecting my neighbors to the sight of a disassemble truck. When you start to restore a
truck, space will get eaten up fast. The other issue is my travel trailer which is currently
stored in a rented spot in Wylie. A few months ago it was broken in to and the window
was shattered. I would like to store it out of the elements and close enough to watch. This
break in is what started my pursuit of the building this year rather than waiting any
longer.
When you look at other buildings in my neighborhood you will see that several of them
are near the front of the property. I am proposing to place my building approximately
130 feet back from the street to make it less obvious and minimize the height appearance.
I have also chosen to match the colors to the trim on my house.
Documents submitted to the committee include:
Pictures of additional buildings in my neighborhood with tax roll information.
Technical drawing of the proposed building and porch.
Plot survey with placement of proposed building.
Rendering of my property with the proposed building.
I would like to thank the committee for taking the time to consider my request,
Kevin Sharpies "`�
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SITE SURVEY PLAT
TO ALL FARMS INTERESTED LN.THE PREMISES SURVEYED:
This is to certify that I have, this date, made a careful and accurate survey on the ground of the property
located at 821 CRESTVIEW LANE in the City of Wyllie, Texas, and being described as follows:
• Lot 3, Block C, of AMENDED PLAT OF STONERIDGE FARMS, PHASE I SUBDIVISION, an Addition to
the City of Wylie, Collin County, Texas, according to the Plat thereof recorded in Volume K, page 173 of
the Map Records of Con in County, Texas.
NOTE: The easement to Lone Star Gas as recorded in Vol.633 Pg 37 does not apply to this property.
NOTE: The casement to Explorer Pipeline as recorded in Vol.767 1'g.667 does not apply to this property.
NOTE: The easement to Ensearch as recorded in Vol.1256 Pg.715 does not apply to this property.
NOTE: The easement to the City or Wylie as recorded in Vol.2358 Pg.901 does not apply to this tract.
•
FOR LOT DRAWING
SEE EXHIBIT"A"
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EXCEPT AS SHOWN ON THIS SURVEY, THERE ARE ND ENCROACHMENTS UPON THE SUBJECT PROPERTY BY,
IMPROVEMENTS ON ADJACENT PROPERTY,THERE ARE NO ENCROACHMENTS UPON STREETS OR ALLEYS BY ANY;
IMPROVEMENTS ON THE SUBJECT PROPERTY AND THERE ARE NO CONFLICTS OR PROTRUSIONS. ALL PLA11 eD
BUILDING SETBACK LINES AND EASEMENTS ON THE SUBJECT PROPERTY ARE LOCATED AS SHOWN THEREON.NQ
PORTION OF THE SUBJECT PROPERTY LIES WITHIN A 100-YEAR FLOOD PLAIN OR IN AN IDENTIFIED"FLOOD PRONE
AREA", ACCORDINQ TO THE FLOOD INSURANCE RATE MP FoR COLLIN COUNTY,TEXAS MAP NO.45085C 0470 Cr,
DATED JANUARY 19, 1996,(ZONE"X"1.
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OWNER NOTIFICATION MAP
Z BACAS E #20 1 0-0 7
NOTIFICATION REPORT
APPLICANT: Kevin Sharpies APPLICATION FILE 2010-07
821 Crestview Lane Wylie, Texas 75098
# 3LKIABS1 LOT/TRACT TAX I.D. # PROPERTY OWNER NAME ADDRESS
Applicant 821 Crestview Lane
0 1 Kevin Sharpies Wylie, Texas 75098
Stoneridge Farms 630 Oakbrook Drive
2 Blk A Lot 4 R-3718-00A-0040-1 Greg Wyrem Wylie, Texas 75098
Stoneridge Farms 640 Oakbrook Drive
Q 3 Blk A 5 R-3718-00A-0050-1 Troy Kardokus Wylie, Texas 75098
Stoneridge Farms 650 Oakbrook Drive
4 Blk A 6 R-3718-00A-0060-1 Jose Mendez Wylie, Texas 75098
Stoneridge Farms 801 Crestview Lane
5 BIk C Lot 1 R-3718-00C-0010-1 Duane Goettsch Wylie, Texas 75098
Stoneridge Farms 811 Crestview Lane
6 BIk C 2 R-3718-00C-0020-1 Jal Dennis Wylie, Texas 75098
Stoneridge Farms 821 Crestview Lane
7 BIk C 3 R-3718-00C-0030-1 Kevin Sharpies Wylie, Texas 75098
Stoneridge Farms 831 Crestview Lane
0 8 BIk C 4 R-3718-00C-0040-1 Haywood Brown Wylie, Texas 75098
Stoneridge Farms 841 Crestview Lane
9 Blk C 5 R-3718-00C-0050-1 Russell Davis Wylie, Texas 75098
Stoneridge Farms 640 Stoneridge Drive
10 BIk C 7 R-3718-00C-0070-1 KIrk Waggoner Wylie, Texas 75098
Stoneridge Farms 651 Oakbrook Drive
11 BIk C 9 R-3718-O0C-0090-1 Joseph Savarese Wylie, Texas 75098
Stoneridge Farms 641 Oakbrook Drive
12 Blk C 10 R-3718-00C-0100-1 Kevin Robinson Wylie, Texas 75098
Stoneridge Forms 910 Presidio Court
13 BIk D Lot 2 R-3718-00D-0020-1 William Bolak Alien, Texas 75013
Stoneridge Farms 830 Crestview Lane
14 BIk D 3 R-3718-OOD-0030-1 Travis Nelson Wylie, Texas 75098
Stoneridge Farms 820 Crestview Lane
15 BIk D 4 R-3718-OOD-0040-1 Arthur Willingham Wylie, Texas 75098
Stoneridge Farms 1606 Mockingbird Lane
16 BIk D 5 R-3718-00D-0050-1 Gary Thompson Brookings, SD 57006
Stoneridge Farms 800 Crestview Lane
17 BIk D 6 R-3718-00D-0060-1 John Hendrix Wylie, Texas 75098
18
PUBLIC COMMENT FORM
(Please type or use black ink)
Planning Department
2000 Highway 78 North
Wylie,Texas 75098
I am FOR the requested variance as explained on the attached public notice for ZBA Case#2010-07.
I am AGAINST the requested variance as explained on the attached public notice for ZBA Case#2010-07.
Date,Location&Time of
Planning&Zoning
Commission meeting: Tuesday, September 27,2010, 7:00 pm
Municipal Complex, 2000 Highway 78 North,Wylie, Texas
Name: Kr...V -S
(please print)
Address: zal
7x7c Q,Cj
Signature: e ;oil
Date: 9 - i;zoiff
COMMENTS:
PUBLIC COMMENT FORM
(Please type or use black ink)
Planning Department
2000 Highway 78 North
Wylie,Texas 75098
I am FOR the requested variance as explained on the attached public notice for ZBA Case#2010-07.
I am AGAINST the requested variance as explained on the attached public notice for ZBA Case#2010-07.
Dale, Location&Time of
Planning&Zoning
Commission meeting: Tuesday, September 27, 2010, 7:00 pm
Municipal Complex,2000 Highway 78 North, Wylie,Texas
Name: "-; 1 0 13r 0 n
(please print)
Address: S k rt-esA-kileul ne,
Li \ 1> 1Soclg — G4Q3
Signature: C-C/S2tti-rilTs-\4/6/1-n4-71
Date: OCk - - o
COMMENTS:
e- OSSe- 18e. 00 • Q010 - 07
PUBLIC COMMENT FORM
(Please type or use black ink)
Planning Department
2000 Highway 78 North
Wylie,Texas 75098
I am FOR the requested variance as explained on the attached public notice for ZBA Case#2010-07.
I am AGAINST the requested variance as explained on the attached public notice for ZBA Case#2010-07.
Date,Location&Time of
Planning&Zoning
Commission meeting: Tuesday, September 27,2010, 7:00 pm
Municipal Complex,2000 Highway 78 North,Wylie, Texas
Name: IVA:1(,tAre.Vt. ILCV-CA-0 4-245
(please print)
Address: (0 d.AD 0 0, um v_ "Dkr-,
GO
Signature: j„.1LLE-4, L2Ei
Date:
COMMENTS:
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