04-12-2012 (Zoning Board of Adjustment) Agenda Packet Zoning Board of
Adjustments
C1TT ,
April 16, 2012
Regular Business Meeting
Wylie Zoning Board of Adjustment
CITY OF WYLIE NOTICE OF MEETING
I
Regular Meeting Agenda
Monday, April 16, 2012 — 7:00 pm
Wylie Municipal Complex — Council Conference Room
300-100 Country Club
Bill Baumbach Chair
Kelly Price Vice-Chair
F. Darnell Harris Board Member
Linda Jourdan Board Member
Karyn McGinnis 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.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.wvlietexa,s'.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 room 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 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 March 26, 2012 Meeting.
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April 16,2012 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 William Dauria for a
Variance to Section 5.J.4.e(4) of the Zoning Ordinance requiring that all outside
merchandise be under a covered sidewalk or screened from view of a public street,
property located at 207 Industrial Court, being Lot 4 of the Railroad Industrial Park
Addition. (ZBA 2012-03).
2. Hold a public hearing to consider and act upon a request by Stephan Foster for a
Variance to Section 4.F.1.a(1) of the Zoning Ordinance requiring the building materials
for commercial structures within a Light Industrial District (LI) to be masonry with 20%
stone on the facade, property located at 22 Steel Road in the Steel Industrial Park
Addition, Lot 6 Block A (ZBA 2012-04).
3. Hold a public hearing to consider and act upon a request by Brian Johnson for a
Variance to Section 3.F.12.a(2) of the Zoning Ordinance requiring residential fences to
be constructed with metal posts, property located at 840 Crestview in the Stone Ridge
Farms Phase I Addition, Lot 2 Block D (ZBA 2012-05).
ADJOURNMENT
CERTIFICATION
I certf that this Notice of Meeting was posted on this 13th day of April, 2012 at S: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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7411 Wylie Zoning Board of
Adjustment
CITY OF WYLIE
r
Minutes
Zoning Board of Adjustment
Monday, March 26, 2012 — 7:00 pm
Wylie Municipal Complex — Council Chambers
300 Country Club Road, Building 100
CALL TO ORDER
Chair Bill Baumbach called the meeting to order at 7:00 p.m. and stated that a
quorum was present. Board Members present were; Board Member Bill
Baumbach, Board Member Bryan Rogers, Board Member Karyn McGinnis, and
Board Member Darnell Harris.
Staff members present were: Renae' 011ie, Planning Director, and Jasen
Haskins, Assistant Planner.
CONSENT ITEMS
1. Consider and act upon approval of the Minutes of the February 20,
2012 Meeting.
A motion was made by Board Member Harris, and seconded by Board Member
Rogers, to approve the Minutes from the February 20, 2012 Meeting as
submitted. Motion carried 4 — 0.
PUBLIC HEARINGS
1. Hold a public hearing to consider and act upon a request by Dr.
Blake Switzer for a Variance to Section 5.5.A of the Zoning
Ordinance requiring that all temporary uses operate 90 days or less
within a one-year time frame, property being located at 2201
Country Club Road. (ZBA 2012-02).
Mr. Haskins stated that the request is for Gateway Community Church, located at
2201 Country Club Road, being Lot 1, Block A of the Gateway Community
Church Addition. The applicant is requesting a variance of Section 5.5.A which
states that a temporary use only operate for a time period of 90 days or less.
Minutes March 26, 2012
Wylie Zoning Board of Adjustment
Page 1 of 2
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Mr. Haskins explained that the purpose of the requirement is to prevent "pop-up"
buildings for extended periods. The applicant is requesting the variance for two
fabricated temporary buildings for a period of three years, due to rapid growth
and not ready to implement Phase 2, approved within the Planned Development
Conditions.
Public Comment Forms were mailed to 17 property owners within 200 feet of the
request. One comment form was returned in favor of the request, and none in
opposition.
Chairman Baumbach opened the Public Hearing.
Dr. Blake Switzer, Pastor Gateway Community Church, explained that the church
is not ready to move forward at this time for Phase 2, which would enlarge the
Classroom space. The temporary buildings will be visible by Country Club, but
not up against the road, they will be screened by live landscape.
Chairman Baumbach closed the Public Hearing.
Ms. 011ie stated that Building Inspections did approve the location and no
restroom is required due to proximity of the main existing building.
A motion was made by Board Member Rogers, and seconded by Board Member
Harris, to Grant the variance to all a three-year temporary structure from Section
5.5.A of the Zoning Ordinance requiring that all temporary uses operate 90 days
or less. Motion carried 4 — 0.
ADJOURNMENT
A motion was made by Board Member Harris, and seconded by Board Member
Rogers, all Board Members were in consensus, and the meeting adjourned at
7:18p.m.
Bill Baumbach, Chair
ATTEST:
Mary Bradley, Secretary
Minutes March 26, 2012
Wylie Zoning Board of Adjustment
Page 2 of 2
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Wylie Zoning Board of
�� ...... Adjustment
OF WYLIE
AGENDA REPORT
Meeting Date: April 16, 2012 Item Number: 1
Department: Planning Case Number: 2012-03
Prepared By: Jasen Haskins Project Location: 207 Industrial Court
Railroad Industrial Park
Date Prepared: April 10, 2012 Subdivision Name: Addition
Location Map, Exhibit,
Notification List and Map
Exhibits: with Responses
Subject
Variance to Section 5.J.4.e(4) of the Zoning Ordinance requiring that all outside merchandise be under a covered sidewalk
or screened from view of a public street,property located at 207 Industrial Court,being Lot 4 of the Railroad Industrial
Park Addition.
Discussion
The subject property is located at 207 Industrial Court.
The applicant is requesting a variance to Section 5.J.4.e(4) of the Zoning Ordinance requiring that all outside merchandise
be under a covered sidewalk or screened from view of a public street.
As shown on the site exhibit the applicant, Superbikes of Dallas owner William Dauria, places several of his products for
display on a sidewalk on the east side of the structure. The east side is the rear of the building and faces State Highway 78.
Section 5.J.4.e(4) states:
"Any outside display areas not located on a covered sidewalk must be screened from view of adjacent
roadways,public areas and adjacent properties."
Therefore the applicant must either cover the display area with some kind of permanent attached structure or screen the
merchandise from view. Screening the merchandise from view defeats the purpose of displaying the product.
The applicant and the owner of the building, The Wylie Economic Development Corporation, would prefer to not add the
covering as the WEDC, as the owner of several buildings on Industrial, has tentative plans to redevelop the area which
may result in the removal of the building at 207 Industrial, among others. The addition of a cover would then be an
expense with no return.
The purpose of the Ordinance for the outside display of merchandise is to maintain property values by requiring
aesthetically pleasing elements to be integrated into all properties engaging in the activity.
Public comment forms were mailed to 15 property owners within 200 feet of this request, as required by State Law. At
the time of this posting, one (1)response has been received in favor of the variance.
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
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ZBOA 2012-03
(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.
Approved By
Initial Date
Department Director RO 04/11/12
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Wylie Zoning Board of
Adjustment
AGENDA REPORT
April 16, 2012 2
Meeting Date: Item Number:
Planning 2012-04
Department: Case Number:
Jasen Haskins 22 Steel Road
Prepared By: Project Location:
April 10, 2012 Steel Industrial Park Addition
Date Prepared: Subdivision Name:
Location Map, Exhibit,
Notification List and Map
with Responses
Exhibits:
Subject
Variance to Section 4.F.1.a(1) of the Zoning Ordinance requiring the building materials for commercial structures within a
Light Industrial District (LI) to be masonry with 20% stone on the facade, property located at 22 Steel Road in the Steel
Industrial Park Addition, Lot 6 Block A.
Discussion
The subject property is located at 22 Steel Road.
The applicant requests a variance to Section 4.F.1.a(1) of the Zoning Ordinance which states:
“Primary materials for buildings in the NS, CR, CC, BG, LI and HI districts shall be constructed of a
masonry product with at least 20 percent stone on the front façade. Approved masonry materials include,
but are not limited to brick, stone, cast stone, decorative concrete, concrete block, stucco or cementitious
fiberboard. Tilt wall construction is permissible in LI and HI districts.”
The property is currently legally non-conforming. Meaning that the steel structure of the building was allowed by
Ordinance when the structure was built in 1986. The City allows non-conforming uses to continue even through change of
ownership or tenant provided the previous use and proposed use are very similar. The applicant has requested a Certificate
of Occupancy (CO) for a Personal Service Use, Gym, which differs from the previous uses closely related to
office/warehouse. The change of use requires that the structure conform to current standards. Any continuation of
office/warehouse uses would not require a variance or upgrading the structure.
The property is located in a Light Industrial District in which many of the buildings are metal, as most predate the current
Ordinance. However, several have masonry facades and several were constructed after the Ordinance update and are
100% masonry.
Public comment forms were mailed to 12 (twelve) property owners within 200 feet of this request, as required
by State Law. No responses have been received at the time of this posting.
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
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ZBOA 2011-03
(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.
Approved By
Initial Date
RO 04/13/11
Department Director
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Wylie Zoning Board of
Adjustment
AGENDA REPORT
April 16, 2012 3
Meeting Date: Item Number:
Planning 2012-05
Department: Case Number:
Jasen Haskins 840 Crestview
Prepared By: Project Location:
Stone Ridge Farms Phase I
April 10, 2012 Addition
Date Prepared: Subdivision Name:
Notification
Location Map,
List and Map with Responses
Exhibits:
Subject
Variance to Section 3.F.12.a(2) of the Zoning Ordinance requiring residential fences to be constructed with metal posts,
property located at 840 Crestview in the Stone Ridge Farms Phase I Addition, Lot 2 Block D.
Discussion
The subject property is located at 840 Crestview.
The applicant requests a variance to Section 3.F.12.a(2) of the Zoning Ordinance which states:
“Side and rear yard fences shall be permitted to a height of 8 feet maximum and constructed of wood
with metal posts and rails to the inside.”
In 2005 the Ordinance was updated to change the requirement for metal posts instead of wood. At the time North Texas
had a termite infestation and the Ordinance was changed to alleviate any maintenance issues. Durability continues to be
the purpose of the Ordinance.
The applicant had begun construction of a fence unaware that a permit was required. There are several wooden posts set
on the property with no panels attached.
Fences are optional within the City of Wylie and are required to meet the requirements only if a home owner wishes to
build one.
Public comment forms were mailed to 14 (fourteen) property owners within 200 feet of this request, as required
by State Law. One response in favor of the Variance has been received at the time of this posting.
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
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Page 2 of 2
ZBOA 2012-05
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 04/11/12
Department Director
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