09-18-1995 (Planning & Zoning) Minutes MINUTES
The Planning and Zoning Commission met in a regular Business Meeting on September 18, 1995, at
6:30 p.m. in the Council Chambers of the Wylie Municipal Complex, located at 2000 Hwy. 78 North,
Wylie, Texas 75098. A quorum was present and a notice was posted in the time and manner required
by law.
COMMISSION MEMBERS PRESENT: Chairman Bart Peddicord, Vice-Chairman Rich Eckman,
Steve Ahrens, Cecilia Wood, Tim Owen, Stuart Allison and John Crowe.
ABSENT: All present.
STAFF MEMBERS PRESENT: Director of Community Development, Mike Phillips; Technical
Coordinator, Lisa Price and Secretary, Rebecca Rogers.
ACTION ITEMS
ITEM NO. 1: Consider approval of the Minutes from August 28, 1995 Called Business Meeting.
A motion was made by Steve Ahrens and seconded by Rich Eckman to approve the Minutes as
submitted. Motion carried, all in favor (7 votes).
ITEM NO. 2: Consider a request for a variance from Melissa Abbott from the City of Wylie's
Subdivision Regulations eliminating a sidewalk required to be constructed on Industrial Court
adjacent to the new Cornerstone Private School which is located at 120 N. Birmingham Street and
further described as Lot 1 of the Cornerstone Private School Addition. No citizen participation.
Chairman Peddicord asked why Ms. Abbott was requesting this variance. Mike Phillips, Director of
Community Development replied that he and Greg MacLean, Engineer, felt it would be detrimental
to place a sidewalk on the Industrial Court side because there are no other sidewalks going down
Industrial Court. They don't want to encourage people to walk down the sidewalk that does not lead
to any other sidewalks. Greg and he were going to waive the requirement for the sidewalk, but the
Subdivision Regulations required that this request go before the Board of Appeals. Mr. Phillips had
some concerns regarding the rear parking but there are two auxiliary entrances in the rear that are
open during hours of operation of the day care. The rear parking lot is for employees only. Chairman
Peddicord asked why this request initially went before the Zoning Board of Adjustments. Mr. Phillips
replied that he initially thought that it was a Zoning requirement, not a Subdivision requirement. The
Code of Ordinances refers to the Zoning Board of Adjustments for the Board of Appeals and that is
what confused the issue. Mr. Phillips checked with as many staff members as possible and it was
determined that this request should go before the Zoning Board of Adjustments. Unfortunately, Mr.
Phillips was out of town last week and during that time it was discovered that this request should
have heard by the Planning and Zoning Commission. Cecilia Wood was concerned that if they
granted this variance that everyone else would want the same variance. Mr. Phillips replied that the
requirements for sidewalks, not in residential developments, are ambiguous in the Code of Ordinances
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and Subdivision Regulations. The older provisions (that are not covered by the Subdivision
Regulations)state that in that in Industrial Districts, sidewalks are almost optional. Ms. Wood stated
that this in not an Industrial District. Recently, a Retail business went in on a corner lot and was
required to have sidewalks on both sides (Regal Quick Lube & Oil). Mr. Phillips replied that the
unique feature in Ms. Abbott's case, is that you turn the corner on Industrial Court and hit all the
industrial businesses almost immediately. The other property (Regal Quick Lube) is in more of a
residential area. Ms. Wood questioned what happens if that is not an Industrial District forever, then
there is no sidewalk. There is a lot across the street on Industrial Court that Mr. Phillips believes is
zoned Industrial also and doesn't see that this would be a problem. Rich Eckman asked if Ms.
Abbott planned on putting a fence along the Industrial Court side and Mr. Phillips replied that there
would be a wrought iron fence there that comes to the property line, not the curb/street. Steve
Ahrens asked if that would be all greenbelt and Mr. Phillips replied that it would be sodded and
landscaped. There are three houses adjacent to this property, one has a poorly maintained sidewalk
and the other two houses have no sidewalk. Mr. Phillips stated that across the street from
Cornerstone on Birmingham, there is a brand new four foot wide sidewalk that runs the length of
Birmingham Street . Chairman Peddicord stated that there is very little traffic on Birmingham Street,
maybe four children that cross Hwy. 78 to go to Hartman Elementary and maybe three-four that go
to the high school or middle school. Steve Ahrens questioned the penalty factor of the Planning and
Zoning Commission trying to overturn the Zoning Board of Adjustments decision. Mr. Phillips
replied that because it went before the wrong board to begin, the Zoning Board of Adjustments'
decision was null and void. Also, there was some confusion about the legality of an existing
member voting who had not been sworn in. John Crowe asked if Ms. Abbott was asking only for the
variance on Industrial Court, not on Birmingham, and Chairman Peddicord answered in the
affirmative. Cecilia Wood stated that she felt that the kids might still be going down Industrial Court
and was concerned about that. She questioned the driveway on Industrial and the fencing. Mr.
Phillips stated that the driveway would not be fenced in, but the exposed yard area would be fenced
in and reiterated that the rear drive is for employees only. Chairman Peddicord requested the staffs
recommendation. Mr. Phillips stated that the staff feels that the sidewalk on Industrial Court is
unnecessary. Motion was made to recommend to Council, Chairman Peddicord questioned if this had
to go through City Council. Mr. Phillips stated that Subdivision Regulations stated that the need
for a sidewalk on the side of a corner lot can be waived by the Board of Appeals after judicial review.
Rich Eckman asked if this was a variance on the Final Plat and Mike answered that is had no bearing
on the Final Plat. The Board of Appeals (Planning&Zoning Commission) can waive that specific
requirement for the sidewalk required on the side of a corner lot. Mr. Phillips stated that the P &
Z Commission was the governing body, no recommendation to City Council needed. Motion was
made by Stuart Allison approve a request for a variance from Melissa Abbott to eliminate a sidewalk
required to be constructed on Industrial Court adjacent to the new Cornerstone Private School ,
seconded by Steve Ahrens. 6 in favor, l against (Cecilia Wood), motion carried.
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ADJOURN: A motion was made by Steve Ahrens and seconded by Rich Eckman to adjourn.
Motion carried, all in favor(7 votes). Chairman Peddicord adjourned the meeting.
Respectfully submitted,
Bart Peddicord, Chairman Rebecca Rogers, retary
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