02-05-1996 (Planning & Zoning) Minutes MINUTES
The Planning and Zoning Commission met in a regular Business Meeting on February 5, 1996, 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, Rich Eckman, Cecilia Wood
John Crowe, Stuart Allison and Steve Ahrens (late-7:00).
ABSENT: Tim Owen - excused
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 January 15, 1996 Regular Business Meeting.
Mike Phillips brought up the fact that Steve Ahrens was listed as Absent -unexcused. Mr. Ahrens
had been on vacation when the January 15th meeting was held and notified Mr. Phillips of this when
he returned. Chairman Peddicord stated that this was a regularly scheduled meeting and Steve should
remain unexcused. Several members of the commission then stated that they did not know when the
next meeting was until they were notified by Community Development. Chairman Peddicord
decided that since January 15th was a Federal holiday Steve Ahrens unexcused absence would be
changed to excused. A motion was made by Stuart Allison and seconded by Rich Eckman to approve
the minutes with a change to make Steve Ahrens absence excused. Motion carried, all in favor(5
votes).
ITEM NO. 2: Consider a request for a variance from Mr. and Mrs. James Edge from the City of
Wylie's Subdivision Regulations requiring construction of a sidewalk for property located at 913
Stone Road, and further described as Lot 3, Block A of the Mill Creek Estates Subdivision.
Mike Phillips, Director of Community Development, stated that Mr. & Mrs. James Edge, owners
of 913 Stone Road, are requesting this temporary variance until one of the houses on either side
of them are developed and their sidewalk would have someplace to tie into. Sidewalks are required
along the frontage of property according to the Subdivision Regulations. Chairman Peddicord
verified that this was just a temporary variance. John Crowe questioned whether this would be tied
into the deed,when the house is sold this exclusion goes away. Mr. Phillips stated that this was the
main problem of this variance,there is no way that staff is aware of to track this variance and to make
sure that it is followed through. Cecilia Wood reminded the Commission that they recently had a
retail zoning request that was approved to do away completely with the sidewalk and that this would
set a precedent. Rich Eckman stated that this situation was not the same. Chairman Peddicord
asked if this was a Planning & Zoning Commission or the Board of Adjustments decision. Mr.
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Phillips replied that the Subdivision Regulations specifically states that this would need to be brought
before the Planning&Zoning Commission. Mr. Eckman questioned whether any permits had been
issued on any other lots, and Mr. Phillips replied that there have been none to date. Mr. James Edge
of 401 Fleming#1508, Wylie, Texas 75098 was present to speak on his behalf. Mr. Edge stated
that he would have no problem changing the variance request to add "pending sale of the property".
He and his wife were requesting this temporary variance for aesthetic value, not expense related, there
is no other sidewalk out there yet and the sidewalk would go from no where to no where, with no
other sidewalks to tie into. Considerable discussion followed regarding the necessity of this sidewalk
and the ability to enforce this temporary variance if approved. Mr. Edge stated that the lot next to
his property (Lot 2) was already sold. Mr. Edge questioned what happens with the proposed
widening of Stone Road, he did not know how far to place his sidewalk. Mr. Phillips stated that the
cost of replacing existing sidewalks was already figured into the cost of widening Stone Road and
therefore the sidewalks would be replaced at no cost to the owner. Chairman Peddicord requested
staffs opinion. Mr. Phillips stated that staffs opinion was that this variance would be difficult to
enforce if the property were to be sold before the sidewalk was in place. Staff is not knowledgeable
in real estate law to say whether a deed restriction could be placed on the property. Chairman
Peddicord asked if anyone had a motion. In view of previous actions of this board, a motion was
made by Cecilia Wood to approve the temporary variance as requested. No second. Motion died
due to lack of second. Chairman Peddicord asked for another motion. Mr. Eckman reiterated that
he felt that this situation was different from one brought before the board earlier this year. More
discussion followed regarding the ability of the Commission to enforce this particular temporary
variance.
Motion was made by Stuart Allison to deny the variance request as listed, seconded by John Crowe.
Motion passed [4 in favor, 2 against (Cecilia Wood& Steve Ahrens)].
CITIZEN PARTICIPATION
No citizens were present.
ADJOURNMENT
ADJOURN: A motion was made to adjourn by John Crowe, seconded by Cecilia Wood. Motion
carried, all in favor(6 votes). Chairman Peddicord adjourned the meeting.
Respectfully submitted,
R J
Bart Peddicord, Chairman Rebecca Rogers, Secre ry
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