10-25-2010 (Zoning Board of Adjustment) Agenda Packet ets
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Wylie Zoning Board of Adjustment
CITY OF WYLIE • T1 aL_ ;
Regular Meeting Agenda
Monday, October 25, 2010 - 7:00 pm
Wylie Municipal Complex— Council Chambers
2000 Highway 78 North
Linda Jourdan Chairman
Bill Baumbach Vice-Chairman
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
Jason. 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.wvlietexas.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.
CONSENT AGENDA
1. Consider and act upon approval of the Minutes of the September 27, 2010
Meeting.
October 25,2010 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 Aldi for a Variance to
Section 5.2.F.14.c parking regulations of the Zoning Ordinance to reduce the required
General Merchandise of Food Store greater than 5,000 s.f. to allow 80 parking spaces
in lieu of the required 90. Property located at 3459 and 3463 W. FM544, being Lot 2
Block 1 of the Children's Lighthouse Addition and Lot 2 Block 1 of the QT Eight Hundred
Ninety Four Addition. (ZBA 2010-08)
ADJOURNMENT
CERTIFICATION
I certf' that this Notice of Heeling was posted on this 22nd day of October, 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.wvlietexas.gov.
Carole Ehrlich,City Secretary Date Notice Removed
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Wylie Zoning Board of
Adjustment
CITY OF-WYLIE
Minutes
Zoning Board of Adjustment
Monday, September 27, 2010 — 7:00 pm
Wylie Municipal Complex— Council Chambers
2000 Highway 78 North
CALL TO ORDER
Announce the presence of a Quorum.
Board Member 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
Darnell Harris, Board Member Jason Potts, and Board Member Bill Baumbach.
Board Member Karyn McGinnis arrived late.
Staff members present were: Assistant Planner Jasen Haskins, and
Administrative Assistant Mary Bradley.
ELECTION OF CHAIR AND VICE CHAIR
Board Member Baumbach made a motion to nominate Board Member Jourdan
as the Chairman. Board Member Harris seconded the motion. Motion carried 3
— 1.
Board Member Harris made a motion to nominate Board Member Baumbach as.
the Vice-Chairman. Chairman Jourdan seconded the motion. Motion carried 4 -
0.
CONSENT ITEMS
1. Consider and act upon approval of the Minutes of the June 28,
2010 Meeting.
A motion was made by Board Member Harris, and seconded by Vice-Chairman
Baumbach, to approve the Minutes from the June 28, 2010 Meeting as
submitted. Motion carried 4 — 0.
PUBLIC HEARINGS
Minutes September 27, 2010
Wylie Zoning Board of Adjustment
Page 1 of 3
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).
Mr. Haskins stated that the property is located at 821 Crestview Lane, within the
Stoneridge Addition, with most all of the lots are one to two acres. The applicant
is requesting two variances; one for the building materials to be exterior metal
material and the other for the height to be nineteen feet nine inches.
The applicant is proposing a 1,200 square foot, 19+ feet high metal exterior
material accessory building on 43,330 square feet residential lot. 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. Under this ordinance the
largest accessory structure based on the size of his lot is 866 square feet. The
intent of the ordinance is to allow for the purchase and installation of small
accessory structures at minimal cost.
The applicant is requesting a variance for the height of the accessory structure
from 14 feet to 19+ feet. The applicant requires a 13' high door and the 19'
height is required for the door frame.
The applicant has provided pictures of other residential lots within the subdivision
that have accessory buildings either higher than 14 feet or larger than 1,000
square feet with no masonry material. The applicant maintains that due to these
current conditions his request would be keeping within the look and feel of the
neighborhood.
Chairman Jourdan opened the Public Hearing.
Mr. Kevin Sharpies, the applicant, 821 Crestview Lane, Wylie, stated that the
accessory building would be constructed toward the back of the property, and he
would provide a concrete driveway from the street to the accessory structure.
Board Member McGinnis questioned the color of the accessory building. Mr.
Sharpies stated that currently on his porch is a red bench. The proposed
building would match the bench. Board Members recommended another color,
and Mr. Sharpies was in agreement for the building to be a neutral color.
Chairman Jourdan closed the Public Hearing.
A motion was made by Vice Chairman Baumbach, and seconded by Board
Member Harris, to Grant the 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 feet, conditional on the color of the accessory building to be
Minutes September 27, 2010
Wylie Zoning Board of Adjustment
Page 2 of 3
compatible to the color palette for the Downtown Historic District. The property
located at 821 Crestview Lane. Motion carried 5 — 0.
ADJOURNMENT
A motion was made by Board Member Harris, and seconded by Board Member
McGinnis, all Board Members were in consensus, and the meeting adjourned at
7:20p.m.
Linda Jourdan, Chairman
ATTEST:
Mary Bradley, Secretary
Minutes September 27, 2010
Wylie Zoning Board of Adjustment
Page 3 of 3
This page is intentionally blank
Wylie Zoning Board of
Adjustment
CITY OF WYLIE
Meeting Date: October 25, 2010 Item Number: 1
Department: Planning Case Number: ZBA 2010-08
Prepared By: Jasen Haskins Project Location: 3459 &3463 W FM544
Children's Lighthouse and QT
Date Prepared: October 14, 2010 Subdivision Name: Eight Hundred Ninety Four
Location Map, Site Plan,
Notification List and Map
Exhibits: with Responses
Subject
Variance to Section 5.2.F.14.c parking regulations of the Zoning Ordinance to reduce the required General
Merchandise of Food Store greater than 5,000 s.f. to allow 80 parking spaces in lieu of the required 90. Property
located at 3459 and 3463 W. FM544, being Lot 2 Block 1 of the Children's Lighthouse Addition and Lot 2
Block I of the QT Eight Hundred Ninety Four Addition. (ZBA 2010-08)
Discussion
The subject property currently consists as two lots on the north side of FM544 west of Springwell Parkway and
East of McCreary.
The entire property, as shown on the proposed concept plan, is approximately 2.34 acres (100,500 sf), with a
structure of 17,886 s.f, to be for a General Food Store (greater than 5,000 s.f.) use. Under the current Zoning
Ordinance Section 5.2.F.14.c one parking space is required for every 200 s.f of floor space. Given the size of
the proposed structure and the use, 90 parking spaces are required. The applicant is asking for a variance to
reduce the required parking by 10 spaces for a total of 80 required.
The applicant has provided a concept plan that demonstrates the layout of the parking if the variance were
granted.
Therefore, the applicant, in accordance with Article 8, Section 8.4.C.4.e, which states that, the Board may waive
or reduce the parking and loading requirements in any district, whenever the character use of the building is
such as to make unnecessary the full provision of parking or loading facilities, or were such regulations would
impose an unreasonable hardship upon the use of the lot, as contrasted with merely granting an advantage or a
convenience, is asking for a variance to the required parking of 90 spaces.
Staff feels that some reduction in parking may be warranted in this circumstance for two reasons.
1. The applicant has stated that the average time spent in the store is 20-25 minutes, while two independent
studies have found that the average time a customer spends in a grocery store is 40-45 minutes. A higher
turnover rate of customers could warrant less parking as the parking spaces are utilized for a much
shorter time frame.
2. The parking spaces that would be required under the Zoning Ordinance will be, if the variance is
approved, utilized for additional landscaping, as noted on the concept plan. Section 7.7 of the Zoning
Ordinance states, "...[the] creation of impervious cover can have a negative effect on the ecological
Page 1 of 2
Page 2 of 2
ZBOA 2010-02
balance of an area....and accelerate the process of runoff, erosion, and sedimentation." By decreasing
the required parking (i.e. impervious surface) and creating additional landscaping, a granted Variance
would be keeping within this section of the Zoning Ordinance.
CONSIDERATIONS:
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.
Public comment forms were mailed to seventeen (17) property owners within 200 feet of this request, as
required by State Law.No comments were received at the time of this posting.
Approved B
Initial Date
RO 10/21/10
Department Director
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LOCATION MAP
Z B A CASE #2010-08
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DIMENSION CONTROL PLAN
ALDI GROCERY STORE
N.E.O. F.M. 544 do McCREARY ROAD
THE CRY OF WYLIE.TID S
LC L. A.cI a Anow.La.LLY _mr a
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NOTIFICATION REPORT
APPLICANT: Bryan M. Burger APPLICATION FILE 2010.08
14800 Quorum Drive#200 Dallas,Texas.75254
# BLFUABSI LOT/TRACT TAX I.D. # PROPERTY OWNER NAME ADDRESS
Applicant 14800 Quorum Drive #200
1 Bryan M. Burger Dallas,Texas 75254
McCreary Estates 308 Crabapple Drive
2 elk M Loll3 R-4748-00M-0130-1 Jonathan Graves Wylie,Texas 75098
McCreary Estates McCreary 100 LP 2301 W. Plano Pkwy#100
3 Blk X Lot 3 R 4748-OOX•0010 i c/o.Capital Consultants Mgmt Corp Plano,Texas 75075
Lakeside Estates
1431 Greenway Drive#700
4 Blk D Lot 1 A R-4246-00D-001 A-1 Lakeside Estates Home Owners Assoc Irving,Texas 75038
Lakeside Estates 309 Lochwood Drive
5 Blk D Lot 1 R-4246-00D-0010-1 Harold Mitcham Wylie, Texas 75098
Children's Lighthouse 1234 Tralee Lane
6 Blk 1 Lot 1 R-9328-001-0010-1 M Rea Properties, LLC Garland,Texas 75044
Children's Lighthouse 8377 E. Hartford Drive #200
7 Blk 1 Lot 2 R-9328-001-0020-1 GE Capital Franchise Fin Corp Scottsdale,Arizona 85255
McCreary-FM 544 Addn 24901 Dana Point Harbor Dr#230
8 Blk 1 Lot 2R R-8451.001-002R-1 LaQulnta Medical Partners LLP Dana Point,California 92629
QT 894 Addn 1120 N. industrial Blvd.
9 Blk 1 Lot 1 R-9803-001-0010-1 Quicktr€p Corporation Euless,Texas 76039
QT 894 Addn 8377 E. Hartford Drive#200
10 Blk 1 Lot 2 R-9803-001-0020-1 GE Capital Franchise Fin Corp Scottsdale,Arizona 85255
Williams Addn 4131 Centurion Way
11 Blk A Lot 1 R-4673-000-0010-1 Wylie Center, LLC Addislon,Texas 75001
Williams Addn 527 Cedarbird Trail
12 Blk A Lot 1 B R-4673-000-001 B-1 ATTC Enterprises I, LP Murphy,Texas 75094
Woodbridge Crossing 2001 Ross Avenue, Suite 4601
13 Blk A I Lote 5R I R-9638-00A-005R-i Woodbridge Crossing, LP Dallas,Texas 75201
Woodbridge Crossing g 2001 Ross Avenue, Suite 4601
L14 Blk A I Lot 6R I R-9638.00A-006R-1 - Woodbridge Crossing, LP Dallas,Texas 75201
Woodbridge Crossing 2001 Ross Avenue, Suite 4601
15 Blk A I Lot 7R I R-9638-00A 007R-1 Woodbridge Crossing, LP Dallas,Texas 75201
Woodbridge Crossing 9 2001 Ross Avenue, Suite 4601
16 81k A I Lot 8R-1 I R-9638-00A-008R-1 Woodbridge Crossing, LP Dallas,Texas 75201
Woodbridge Crossing 2001 Ross Avenue, Suite 4601
17 Blk A Lot 9R R-9638-OOA-009R-1 Woodbridge Crossing, LP Dallas,Texas 75201
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OWNER NOTIFICATION MAP
Z I A C AS E # 2010-08