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02-20-2012 (Zoning Board of Adjustment) Minutes Wylie Zoning Board of Adjustment CITY OF WYLI J i Minutes Zoning Board of Adjustment Monday, February 20, 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 Kelly Price, Board Member Karyn McGinnis, and Board Member Darnell Harris. Staff members present were: Renae' 011ie, Planning Director, Charles Lee, Senior Planner, Jasen Haskins, Assistant Planner, and Mary Bradley, Administrative Assistant. CONSENT ITEMS 1. Consider and act upon approval of the Minutes of the August 15, 2011 Meeting. A motion was made by Board Member Jourdan, and seconded by Board Member Harris, to approve the Minutes from the August 15, 2011 Meeting as submitted. Motion carried 5 —O. PUBLIC HEARINGS 1. Hold a public hearing to consider and act upon a request by Barbara Adcock/Kevin Freudiger for a Variance to Section 4.3 F.1.a(1) of the Zoning Ordinance requiring the base materials for non-residential buildings be constructed of a masonry product with at least 20% stone on the front façade, property located at 130 Kristen Lane, Lot 3, Block A of the Creek Bend Industrial Park Addition. (ZBA 2012-01). Minutes February 20, 2012 Wylie Zoning Board of Adjustment Page 1 of 5 Mr. Haskins stated that the applicant is requesting two variances with the request. The first request is challenge to staff's interpretation for the use and the second request is for base materials for non-residential buildings. Staff has determined that the structure is of non-conforming status, meaning that the structure does not meet the current building code standards within the Zoning Ordinance. Staff has also determined that the existing use is not the same use as the type proposed. Therefore, the structure shall be brought up to date with the current requirements from the Zoning Ordinance design standards. The applicant believes the use is the same as the existing. The current use is JC Ornamental, which is an iron fence company. The Certificate of Occupancy was approved in 2007, light assembly fabrication use. The applicant believes their use is similar, as an electrical company. If the Board decides that the use is similar to the existing use, the structure would continue as legally non-conforming structure, and would not be required to meet the current building code and Zoning Ordinance standards. However, improvements could still be mandated, according to Article 8, Section 8.4 of the Zoning Ordinance. If the Board agrees with staff's interpretation then the applicant is seeking a variance to the building materials requirement of the Ordinance. The current Zoning Ordinance requires all commercial buildings to be constructed of a masonry product with stone accents. The existing building has a metal exterior finish. The applicant is proposing to improve the building by applying a masonry product of brick, stone, faux stone or stucco on the front façade, and masonry wainscot three to four feet high on the sides and rear of the building. The applicant also proposes to upgrade the landscaping in the front of the building. The proposal does not meet the requirements of the Zoning Ordinance. Public Comment forms were mailed to twelve property owners, as required by State Law. Seven comment forms were returned, two within the notification area, one in favor and one in opposition of the opposition. Five comments were received in favor of the request but are outside the 200 feet notification area. Board Member Harris questioned the use, existing and proposal. Ms. 011ie stated that the existing use is categorized as a Light Assembly Fabrication (JC Ornamental). The applicant's use by Staff's categorizing is Contractor's Maintenance Yard (DFW Electric Group). Mr. Kevin and Mrs. Kelyn Freudiger, 1319 Brundidge Drive, Wylie made a presentation comparing the existing JC Ornamental Company and the proposed DFW Electric Group, at 130 Kristen Lane, stating both are similar in their uses. DFW Electric Group will go out and install major electrical and the existing business installs fencing. The internal business is similar in terms of preparation for the installation. DFW Electric Group does very little residential contracting, but the majority is commercial or industrial contracting. The fabrication will be done on site and off site. On December 23, 2011, our initial appeal to the city was presented with description of use of the building is as follows: we are a commercial and industrial electrical contractor; we do service work, service construction and new construction electrical product. In-house prior going to the .�. jobs, we do manufacturing and assembly of motor control centers, motor control Minutes February 20, 2012 Wylie Zoning Board of Adjustment Page 2 of 5 cabinets, manufacturing and assembly of light and control panels, custom built light fixtures to the owners specific designs, allocate staging materials for upcoming projects, pre-fabricate threaded conduit, as well as house company trucks and equipment. This is clearly same as any construction company would do. On December 27, 2011, we received a letter from the city stating that we were deemed as Contractor's Maintenance Yard versus Light Assembly and Fabrication, while we respect that decision there was no basis of understanding of the reason. The building is a metal building with no brick ledge, and would not support putting one in and cause significant problems down the road. Mrs. Freudiger further proposed a full masonry façade on the front of the building with stone accent, updating the landscaping in the front of the property, as well as a three to four feet masonry wainscot along the sides and rear of the building. Chair Baumbach asked for the definition of Contractor's Maintenance Yard and the definition of Light Assembly Fabrication. Mr. Haskins gave the definitions as provided within the Zoning Ordinance. Mr. Haskins stated that the existing company, welding, painting and a process of fabrication the iron. Mr. Freudiger stated that there is a lot of ridged industrial work, which is threaded conduit, natural gas installations. He went into more details of pre-fabrication industrial work, and how unique their typical electrical contractor and feels their classification is more Light Assembly and Fabrication than Maintenance Contractor's Yard. w Board Members Harris questioned the percentage of the business is done at the site. Mr. Freudiger stated ideally would like to see 60 percent at the shop. The threaders weigh over 150 pounds per 10 feet stick. Board Member Jourdan questioned the percentage of fabrication versus the rest of the business. Mr. Freudiger stated that their forte is natural gas industry, and they do not advertise for residential repairs/installation. On the fabrication side, one to two guys at the shop, and eight guys out in the field installing, and the fabrication is based on level of skill. Board Member Harris questioned if someone off the street could come purchase an item off the shelf. Mr. Freudiger stated that most of the customers come in and ask for specific designs to be constructed. Mr. Lee complimented Mrs. Freudiger with excellent presentation. He further stated that the staff was intrigued with their uses, one factor was intensity. Staff determination was the existing use and the proposed use from the applicant is not the same, and the structure is legally non-conforming. Chair Baumbach questioned the hardship. Mr. Freudiger stated that the building was designed to structurally support or engineered any type of masonry on it. The building will withstand the masonry now, but not long-term due to water coming in between the ledge and the metal. The life of the building will be decreased substantially on the long-term factor if another element is put on top of a twenty-year metal building. Minutes February 20, 2012 Wylie Zoning Board of Adjustment Page 3 of 5 Ms. 011ie went more into detail of the definition between Light Assembly and Fabrication, under the heading of industrial, meaning welding and using raw materials. The Contractor's Maintenance Yard is wholesale and storage, whereas providing a service and taking product to customer. Chair Baumbach questioned if the building was destroyed, and could it reconstructed as it is now. Ms. 011ie stated that if the building was to burn or be destroyed, in order to be reconstructed, it would have to 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. Board Member Jourdan asked if the board could require the applicant to do a front façade and not encase the whole building with masonry. Mr. Haskins stated that stipulations could be made within the motion, and stating if the board agreed with interpretation of the use. Mr. Freudiger stated that if the Board agreed with Staff, in that the building is to remain in Legally Non-Conforming Status, the sprinkler would not have to be installed. If a sprinkler system would cost up to $50,000 dollars. Ms. 011ie stated that sprinkler system is strictly Fire Marshall. The Fire Marshall was contacted, and based on size of the building and if the Board deems the use continuing as the existing, they would not be required to install a fire sprinkler system. Chair Baumbach opened the Public Hearing. With no one approaching the Board, Chair Baumbach closed the Public Hearing. A motion was made by Board Member Price, and seconded by Board Member McGinnis, to GRANT the overturning staff definition and Grant the proposed front façade masonry product, with three to four feet wainscot around the sides and rear of the building, as well as update the landscaping. Motion failed 2 — 3. A motion was made by Board Member Harris, and seconded by Board Member McGinnis, to GRANT the request for a variance to Article 4, Section 4.3.F.1.a.(1) of the Zoning Ordinance for Design Standards for building materials, to allow 100% masonry product of brick, stone, faux stone or stucco on front façade, and masonry wainscot three to four feet high on the sides and rear of the building; as well as additional landscaping in the front of the building. The Board Denied the challenge and agreed with Staff on the interpretation as a Legally Non- Conforming status and classified the use as a Contractor's Maintenance Yard. Motion carried 4 -1. Minutes February 20, 2012 Wylie Zoning Board of Adjustment Page 4 of 5 ADJOURNMENT A motion was made by Board Member Harris, and seconded by Board Member Jourdan, all Board Members were in consensus, and the meeting adjourned at 8:20p.m. ill Baumbach, Chair ATTEST: RA-OtAtt Mari Br4ley,Secretary r Minutes February 20, 2012 Wylie Zoning Board of Adjustment Page 5 of 5