08-13-2011 (Zoning Board of Adjustment) Agenda Packet Zoning Board of
Adjustments
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August 15, 2011
Regular Business Meeting
Wylie Zoning Board of Adjustment
CITY OF WYLIE NOTICE OF MEETING
Regular Meeting Agenda
Monday, August 15, 2011 — 7:00 pm
Wylie Municipal Complex — Council Chambers
300-100 Country Club
Linda Jourdan Chair
Bill Baumbach Vice-Chair
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.wylietexas.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 972.516.6020 or TDD
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 April 18, 2011 Meeting.
August 15,2011 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 Carlos Torres for a
Variance to Section 3.1 A (3) Development Standards of the Zoning Ordinance
for A/30 zoned properties requiring a minimum 200 feet width and 20 feet side
yard setbacks, property located at 950 Hensley Lane, being Lot 1, Block A of the
Torres Addition. (ZBA 2011-04).
ADJOURNMENT
CERTIFICATION
I certify that this Notice of Meeting was posted on this 12th day of August, 2011 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
Wylie Zoning Board of
Adjustment
CITY OF WYLIE
Minutes
Zoning Board of Adjustment
Monday, April 18, 2011 — 7:00 pm
Wylie Municipal Complex — Council Chambers
300 Country Club Road
CALL TO ORDER
Announce the presence of a Quorum.
Vice-Chairman Bill Baumbach called the meeting to order at 7:02 p.m. and stated
that a quorum was present. Board Members present were; Board Member
Darnell Harris, Board Member Kelly Price, Board Member Karyn McGinnis and
Board Member Jason Potts. Chairman Linda Jourdan was absent.
Staff members present were: Renae' 011ie, Planning Director, Jasen Haskins,
Assistant Planner, and Mary Bradley, Administrative Assistant.
CONSENT ITEMS
1. Consider and act upon approval of the Minutes of the February 21,
2011 Meeting.
A motion was made by Board Member Price, and seconded by Board Member
Harris, to approve the Minutes from the February 21, 2011 Meeting as submitted.
Motion carried 5 — 0.
PUBLIC HEARINGS
1. Hold a public hearing to consider and act upon a request by Billy
Green for a Variance to Section 4.3.F.1(a) of the Zoning Ordinance
requiring the base facade materials for non-residential buildings be
constructed of brick with at least 20% stone on the front facade,
property located at 702 N. Highway 78 in the Oaks Retail Addition ,
Lot 2A Block 2. (ZBA 2011-02).
Ms. 011ie stated that the item before the board is a request for a variance to allow
the primary exterior material to be stucco with 20 percent stone on the front
Minutes April 18, 2011
Wylie Zoning Board of Adjustment
Page 1 of 4
facade. Existing buildings surrounding the subject property are constructed with
stucco and stone exterior finish. The requested variance represents an 80
percent adjustment to the requirements of the Zoning Ordinance. The Zoning
Ordinance requires 100 percent brick or brick with stone accent.
The property was originally created as part of the Oaks Retail Addition in 1983,
and was reconfigured as a 1.9 acre Lot 2A and further rezoned by the adoption
of SUP 2003-07 for a Commercial Amusement Use.
The existing structure does not comply with building exterior facade materials,
landscaping and screening requirements within the current Zoning Ordinance.
The reason that the landscaping requirements do not meet is because at the time
the building was constructed, the parking requirements for indoor amusement
use was 1:100, therefore requiring approximately 60 parking spaces. However,
the current Ordinance was modified and revised, and if constructed to today's
standards, varied parking ratio would be allowed with landscaping for overall site.
Public Comment Forms were mailed to 33 property owners within 200 feet of this
request, and one comment was received in favor of the request.
Ms. 011ie stated that the applicant provided pictures of the surrounding
properties, with the stucco and stone accent, these pictures were provided to the
Board Members in their packets. The building sits more than 400 feet south of
Highway 78, with access from a driveway, but does not sit immediately off
Highway 78.
Mr. Billy Green, 940 Lake Ridge Drive, Lavon, applicant for the subject property,
stated that he desires to match the existing building next to the subject property.
Vice-Chairman Baumbach opened the Public Hearing. With no one else
approaching the Commission, Vice-Chairman Baumbach closed the Public
Hearing.
A motion was made by Board Member Harris, and seconded by Board Member
Potts, to approve the materials by Granting the variance request to Section
4.3.F.1(a) of the Zoning Ordinance requiring the base facade materials for non-
residential buildings be constructed of brick with at least 20 percent stone on the
front facade, property located at 702 N. Highway 78 in the Oaks Retail Addition,
Lot 2A Block 2. Motion carried 5 — 0.
2. Hold a public hearing to consider and act upon a request by
Randall T. Helmberger for a Variance to Section 6.3.E.5(f)1 of the
Zoning Ordinance requiring the base facade materials for
residential structures within the Downtown Historic District (DTH) to
be wood siding or composite masonry materials with a wood
pattern, property located at 114 S Jackson in the Keller's First
Addition, Lot R-1 Block 3. (ZBA 2011-03).
Minutes April 18, 2011
Wylie Zoning Board of Adjustment
Page 2 of 4
Mr. Haskins stated that the subject property is located at 114 S Jackson, and is
similar to the request just considered for exterior building materials. The property
is the southernmost lot on Jackson that is zoned Downtown Historic District, and
the property directly to the south is zoned Commercial Corridor. The property is
a transition lot, meaning that properties of differing zoning classifications that
abut one another.
The applicant requests a variance to Section 6.3.E.5(f)1 of the Zoning Ordinance
requiring the base facade materials for residential structures within the
Downtown Historic District to be wood siding or composite masonry materials
with a wood pattern.
The applicant has submitted elevations and Site Plan for a medical office building
to be located on the lot. The elevations show the structure to have stone siding,
with no wood pattern.
The site plan shows a cross access easement with the adjacent property to the
west. Cross access easements are desired by the City to reduce on street traffic
when people are moving between closely positioned businesses, especially
when using motorized vehicles. The applicant has the option of locating the
building on the southern lot, which is the Commercial Corridor zoning district, and
the parking on the northern lot, which is in the Downtown Historic District.
Public comment forms were mailed to 21 property owners within 2300 feet of the
request. Three comment forms were received, all in favor of the proposed
variance.
Vice-Chairman Baumbach opened the Public Hearing.
Mr. Randy Helmberger, Helmberger Associates, 1525 Bozman Road, engineer
for the subject property, stated that the variance request is from wood siding to
stone accent, this would match the adjacent existing building. The building would
be more served with brick and stone, and have a cross access easement to the
development to the south.
Mr. Baron Cook, 250 Highway 78, spoke in favor of the proposed request, stating
that he owned the subject property. He sold the property to Dr. Shad Reif, and
has a contract for the adjacent property. There is no median cut off Highway 78
to Jackson, but on Birmingham, so a cross access easement between the two
properties would be beneficial for both property owners.
Mr. Marvin Fuller, Inwood National Bank, 112 Jackson, spoke in favor of the
request, and the proposed elevations would make a good transition from
Commercial Corridor to the Downtown Historic District, the design is compatible
to the Bank, even though it is a residential structure.
Minutes April 18, 2011
Wylie Zoning Board of Adjustment
Page 3 of 4
Dr. Shad Reif, subject property owner, stated that the cross access easement
would be beneficial to both physicians so that patients would not have to turn
around on Ballard to access the adjacent facility.
Mr. Sam Satterwhite, WEDC, spoke in favor of the proposed request and stated
that Dr. Reif has been a tenant with a business in Wylie for several years, and
will better the downtown area and as a whole for Wylie will be a great investment.
Vice-Chairman Baumbach closed the Public Hearing.
A motion was made by Board Member Harris, and seconded by Board Member
Price, to Grant the request for a variance to Section 6.3.E.5(f)1 of the Zoning
Ordinance requiring the base facade materials for residential structures within the
Downtown Historic District (DTH) to be wood siding or composite masonry
materials with a wood pattern, property located at 114 S Jackson in the Keller's
First Addition, Lot R-1 Block 3. Motion carried 5 — 0.
ADJOURNMENT
A motion was made by Board Member McGinnis, and seconded by Board
Member Harris, all Board Members were in consensus, and the meeting
adjourned at 7:36p.m.
Bill Baumbach,Vice-Chairman
ATTEST:
Mary Bradley, Secretary
Minutes April 18, 2011
Wylie Zoning Board of Adjustment
Page 4 of 4
Wylie Zoning Board of
Adjustment
CITY OF WYLIE
AGENDA REPORT
Meeting Date: August 15, 2011 Item Number: 1
Department: Planning Case Number: ZBA 2011-04
Prepared By: Charles H. Lee, AICP, CBO Project Location: 950 Hensley Lane
Torres Addition, Block A, Lot
Date Prepared: July 6, 2011 Subdivision Name: 1
Location Map, Site Layout,
Notification List and Map
Exhibits: with Responses
Subject
Variance to Section 3.1 A(3) Development Standards of the Zoning Ordinance for A/30 zoned properties requiring a
minimum 200 feet width and 20 feet side yard setbacks, property located at 950 Hensley Lane,being Lot 1, Block A of
the Torres Addition. ZBA 2011-04
Discussion
Applicant: Carlos Torres Location: 950 Hensley Lane
The applicant is requesting a variance to Section 3.1.A (3) Development Standards for AG/30 zoned properties.
Specifically;minimum lot width and side yards setbacks.
The current owner purchased the property in April 1998 with the intent of remodeling and/or demolishing the existing
residence and constructing a new single family residence. The property is currently zoned AG/30 and does not comply
with minimum 200' width; furthermore AG/30 requires a minimum 20' side yard which would make it a challenge to fit a
residence of significant size on the property.
The applicant is requesting relief from the minimum 200' lot width to 100' and reduction in the 20' side yard to 10'.
The applicant has provided a site exhibit reflecting the existing constraints on the property and has submitted an
application for final plat as required by the ordinance for building permit. The applicant has stated that the reason for the
request is to allow for single family residence as was planned when property was purchased.
The request represents a 50%adjustment to the requirements of the Zoning Ordinance for AG/30 zoned districts.
Public comment forms were mailed to nine (9) property owners within 200 feet of this request, as required by State Law.
No responses were received at the time of this posting.
A Final Plat was recommended for approval by the Planning and Zoning Commission at its August 2, 2011 meeting. The
plat will be considered by City Council on August 23'd subject to the approval of the variance request.
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
Page 1 of 2
Page 2 of 2
ZBOA 2011-04
(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 08/11/11
Department Director
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NOTIFICATION REPORT
APPLICANT Carlos R. Torres APPLICATION FILE 2011-04
950 Hensley Lane Wylie, Texas 75087
113ILKIABSl LOT/TRACT TAX I.D. # PROPERTY OWNER NAME ADDRESS
Applicant 950 Hensley Lane
1 Carlos R. Torres Wylie, Texas 75098
Wylie HS Addition 300 Country Club Road
2 BIk A Lot 2 R-8816-00A-0020-1 City of Wylie Wylie, Texas 75098
Magnolia Estates 840 Hensley Lane
3 Blk A Lot 1 R-9702-00A-0010-1 Robin Hudson Wylie, Texas 75098
2451 Elm Grove Road
4 Abst 193 Tract 11 R-6193-000-0110-1 George Wigington Wylie, Texas 75098
950 Hensley Lane
5 Abst. 193 Tract 15 R-6193-000-0150-1 Carlos Torres Wylie, Texas 75098
2451 Elm Grove Road
6 Abst 438 Tract 7 R-6438-000-0070-1 George Wigington Wylie, Texas 75098
950 Hensley Lane
7 Abst 438 Tract 12 R-6438-000-0120-1 Carlos Torres Wylie, Texas 75098
2451 Elm Grove Road
8 Abst 660 Tract 39 R-6660-000-0390-1 George Wigington Wylie, Texas 75098
1601 Bonanza Drive
9 Abst 660 Tract 42 R-6660-000-0420-1 Tommy Reuthinger Sachse, Texas 75048
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