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08-13-2011 (Zoning Board of Adjustment) Agenda Packet Zoning Board of Adjustments CTv • v nH; 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 • r.''''r r itliew •WgrAub.ii..., : l• t. l" ,. .,. . , 1 ,1 .rzi 11111111 wrA"Aoraiso ,. at 111 o °aroma �� Subject Property V i-,‹ Z C Nye ii\ ......,., ... . .. r,,,' 'r .r'r'rrr Tr' r • • G die S I f� .v % 1 /4. X k k 09 ,\\.\\\ 4 t X. 4 4X xi. t 4 X 1 k r 1 x E gto a,* 1 q o 4 „.... 11 1 / \ , , ,r, ._...., 1 t....,.. IX ,,A\ . - - "rce, / V • S 4 ti,,A ko s k E v1/4 % , % % 871.20' — 1020°1rOTE 41 w'atageo vk 4 AI/ A 1 xf, t q 1-4 RI Rj t 04 Is l' 111 g \At ,a,ak fil,i 20 54,14.or VA Acres Gren Am ILO.W.0.,, .• 4 0 6 e!gist!eld::1.lock. NA., ii-1 :g• v x ill t a --1 i i_ pit' '6 't. 82,720%Et.6 to'Wk. 41 '31,4 fol CiR \tt,,,, 671.2T ,..,, Mr/71101ir 1 4 lz, d 4 % % , 1 v4.i‘ 1j Pi II' 4. -ay.,,\r , X"•..'4' i 11 i .4. k... '... • R t N x i §4 al 0 xi, \ 1, pis 1, 1, 4. 4, ___.......-------- -------------------....%—t...------------------------------------------- ------------------------ ,------- 4 t 'kr 4'14 ....0.04k •.--k p„, 1 I f: a C) 1 II I :tiff: I Rt ft r'41 ftst, W‘,.4 tn- N• to z ill! ';i1 ili § Pi \\,... .....) 8' k.4. No ft I—I a% t. 0 el. ..._. ,. - '‘,.., 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 10 11 12 13 14 15 16 17 18 k.yl.SJa.,.3 S a ••/ f% - f f rr,iY/j f da e' 7,r/ �, br //l l4 r'� • i t'i'S Park •ftf,:g041� jr.r/'{`-4-A,` iF RA jr's//4104$ '; ,f3-r c ..2yrry rl/r PT/ fr 01-kS/rl �,fl'r if 1F f //� ,y 1-.,f'-,('P l'r r;? 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