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05-21-2012 (Zoning Board of Adjustment) Agenda Packet Zoning Board of Adjustments , , .. 7 ., CITY OF WYLIE • May 21 , 2012 Regular Business Meeting Wylie Zoning Board of Adjustment CITY OF WYLIE NOTICE OF MEETING Regular Meeting Agenda Monday, May 21, 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.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 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 April 16, 2012 Meeting. May 21,2012 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 Wylie ISD for a Variance to Section 3.1 A (3) Development Standards of the Zoning Ordinance for A/30 zoned properties requiring a minimum 50 feet front yard setback, property located at 3000 Wylie East Drive, being Lot 1, Block A of the Wylie East high school Addition. ZBA 2012-06 ADJOURNMENT CERTIFICATION I certify that this Notice of Meeting was posted on this 18th day of May, 2012 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 WY L I E Minutes Zoning Board of Adjustment Monday, April 16, 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 7:06 p.m. and stated that a quorum was present. Board Members present were; Board Member Jason Potts, Board Member Bryan Rogers, Board Member Linda Jourdan, and Board Member Darnell Harris. Staff members present were: Jasen Haskins, Assistant Planner, and Mary Bradley, Administrative Assistant. CONSENT ITEMS 1. Consider and act upon approval of the Minutes of the March 26, 2012 Meeting. A motion was made by Board Member Harris, and seconded by Board Member Rogers, to approve the Minutes from the March 26, 2012 Meeting as submitted. Motion carried 5 — 0. PUBLIC HEARINGS 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). Mr. Haskins stated that the property is located at 207 Industrial Court, being Lot 4 of the Railroad Industrial Park Addition. The applicant is displaying several motorcycles on a sidewalk on the east side of the structure. The east side is the rear of the building, which faces State Highway 78. Minutes April 16, 2012 Wylie Zoning Board of Adjustment Page 1 of 5 The Zoning Ordinance Section 5.J.4.e(3) states "Any outside display areas not located on a covered sidewalk must be screened from view of adjacent roadways, public areas and adjacent properties." The applicant must either cover the display area with awning or some kind of permanent attached structure; or screen the merchandise from view of a public street. The owner of the building, Sam Satterwhite, Director, Wylie Economic Development Corporation, would prefer not to add the covering, as tentative plans to redevelop the area which may result in the removal of the building. Notification Responses were mailed to fifteen property owners, with one returned in favor of the request, and none in opposition. Chairman Baumbach opened the Public Hearing. Mr. Sam Satterwhite, Director, Wylie Economic Development Corporation, stated that the intent for Industrial Court is to redevelop from south of Wylie Printing, all the way to ManMade on both sides of Industrial Court. The Wylie Economic Development Corporation controls all except one of those properties, in which negotiation is in the process for that one remaining piece of property. The goal for Industrial Court is to connect Williams Street to the south of State Highway 78, and connect to Cooper Drive to the west. Mr. Satterwhite stated that the support for the request is a temporary solution. The tenant/applicant has occupied the facility for approximately four months. The lease contract is ninety days written notice to vacate. The uses within the property that is owned by the Wylie Economic Development are mostly office/warehouse or personal service uses, the applicant/tenant is the only retail use. The Board Members expressed concern on the outside merchandise, the time of day that it is displayed, and the possible redevelopment of Industrial Court. Mr. Haskins reminded the Board Members that stipulations may be included with a motion. A motion was made by Board Member Harris, and seconded by Board Member Rogers, to Grant the request to allow outside merchandise without screening from 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, with the following stipulations; the request is for Superbikes for one year, and that the merchandise is only outside during business hours. The property is located at 207 Industrial Court, being Lot 4, of the Railroad Industrial Park Addition. Motion carried 5 — 0. Minutes April 16, 2012 Wylie Zoning Board of Adjustment Page 2 of 5 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). Mr. Haskins stated that the subject property is located at 22 Steel Road, and the applicant is Mr. Stephen Foster. The property is currently legally non- conforming, by not meeting the requirement for masonry product with at least 20 percent stone on the front facade. The structure is a steel building and was constructed in 1985. Due to change of Certificate of Occupancy (CO) for a Personal Service Use, Gym, which is different from current Office/Warehouse Use; the structure must conform to current standards. Notification comment forms were mailed to twelve property owners. Three comment forms were returned all in favor of the request. Chairman Baumbach opened the Public Hearing. Mr. Stephen Foster, P. O. Box 1056, Granbury, Texas 76048, stated that he has owned the subject property for the last six years. Mr. Foster has spoken to several masonry companies on updating the building with masonry product, and is unable to get an engineer to sign off on adding the masonry on a steel structure. Due to no brick ledge, and to add one the internal walls would be required to be removed. If a masonry product is added to the existing building, the structure would not be safe or have major issues years down the road. Mr. Foster offered to improve the landscaping and remove air conditioner unit on the front of the building. Board Member Harris questioned how long the owner had tried to get a tenant in the building. Mr. Foster stated that off and on for the last five years, one of the three buildings has been empty. Board Member Potts recommended a wainscot. Board Member Rogers explained that adding masonry product to a steel structure would require brick ties. The brick tie is actually a flat piece of metal that is screwed into the metal building, and bent to go into the mortar of the brick, located sixteen to eighteen inch on center and moved up the building. Where it attaches to the building even a wainscot, if a strong wind came by, the brick would fall outward, not inside the building. A steel structure does not have a foundation to attach the brick wainscot. Board Member Rogers recommended a time constraint on the building, grant the variance with stipulation that in three to five years to update the building to current code. Mr. Brian Johnson, 840 Crestview, spoke in favor of a five year stipulation to bring the building up to code with a wainscot masonry product. Chairman Baumbach closed the Public Hearing. Minutes April 16, 2012 Wylie Zoning Board of Adjustment Page 3 of 5 Board Members Rogers and Harris both agreed to grant the variance with stipulation for a time restraint to add the masonry product. Chairman Baumbach spoke in approval of time restraint to add a wainscot in two years. A motion was made by Board Member Harris, and seconded by Board Member Rogers to Grant the variance with stipulation to discuss further the feasibility of adding wainscot or a masonry product be added after five years. Motion failed 3 — 2, with Board Member Jourdan and Chairman Baumbach voting in opposition. A motion was made by Board Member Rogers, and seconded Board Member Harris, to Grant the variance with stipulation to discuss further the feasibility of adding wainscot or a masonry product be added after four years. Motion failed 3 — 2, with Board Member Jourdan and Chairman Baumbach voting in opposition. A motion was made by Board Member Rogers, and seconded by Board Member Harris, to Grant the variance with stipulation to discuss further the feasibility of adding wainscot or a masonry product be added after 30 months. Motion carried 4 -1, with Board Member Jourdan voting in opposition. 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). Mr. Haskins stated that the subject property is located at 840 Crestview, and the applicant Mr. Brian Johnson started installing wooden posts for a wooden fence without a permit. In 2005, North Texas had a termite infestation and the Ordinance was revised to alleviate any maintenance issues for a fence with wooden posts. Therefore, metal post are required. The Zoning Ordinance does not require a fence to be constructed, but if a fence is constructed, the requirements to construct a fence shall be permitted to a height of eight feet maximum and constructed of wood with metal posts and rails to the inside. Public Comment forms were mailed to fourteen property owners, and two responses were received in favor of the request and none in opposition. Chairman Baumbach opened the Public Hearing. Mr. Johnson, applicant, 840 Crestview, stated that they relocated from Plano, and the fence was half chain link and half wooden. The property is one acre and desired to improve the property with a matching fence surrounding the back and side of the property. The proposed fence is wooden cedar fence with six foot cedars on the side and eight foot cedars on the back. All the posts are mounted and two and half feet deep. The maintenance of a fence is about thirteen to fifteen years, and then it is time to replace it. Minutes April 16, 2012 Wylie Zoning Board of Adjustment Page 4 of 5 Chairman Baumbach dosed the Public Hearing. A motion was made by Board Member Jourdan, and seconded by Board Member Rogers, to Grant the Variance to Section 3.F.12.a(2) of the Zoning Ordinance to allow residential fence with wooden posts. The property is located at 840 Crestview, Lot 2, Block D of the Stone Ridge Farms Phase I Addition. Motion carried 5 — 0. MISCELLANEOUS Ms. Bradley stated that there will be a meeting on May 21, 2012. ADJOURNMENT A motion was made by Board Member Rogers, and seconded by Board Member Harris, all Board Members were in consensus, and the meeting adjourned at 8:26p.m. Bill Baumbach, Chair ATTEST: Mary Bradley, Secretary Minutes April 16, 2012 Wylie Zoning Board of Adjustment Page 5 of 5 This page is intentionally blank Wylie Zoning Board of iLt/1 Adjustment CITY OF WYLIE AGENDA REPORT Meeting Date: May 21, 2012 Item Number: 1 Department: Planning Case Number: ZBA 2012-06 Prepared By: Jasen Haskins Project Location: 3000 Wylie East Drive Wylie East High School Date Prepared: May 14, 2012 Subdivision Name: Addition,Lot 1,Block A Location Map, Site Layout, Notification List and Map Exhibits: with Responses Subject Hold a public hearing to consider and act upon a request by Wylie ISD for a Variance to Section 3.1 A (3) Development Standards of the Zoning Ordinance for A/30 zoned properties requiring a minimum 50 feet front yard setback, property located at 3000 Wylie East Drive,being Lot 1,Block A of the Wylie East high school Addition. ZBA 2012-06 Discussion Applicant: Robert Graham Owner: Wylie Independent School District The applicant is requesting a variance to Section 3.1.A (3) Development Standards for AG/30 zoned properties. That requires a 50' front yard setback. The purpose of the setback is to ensure adequate spacing between structures. Industrial and agricultural uses in commercial districts require greater setbacks than residential zoned districts. The applicant has stated that the reason for the request is to allow for an addition on the front of the building. This addition is part of a planned phase II expansion that was noted on the original Site Plan approved in 2007. The applicant has provided a site exhibit reflecting the existing constraints on the property. A hardship could exist due to the zoning of the property as AG/30. Schools are allowed within any zoned property in the City and are not usually required to rezone prior to building. Had the property been zoned commercial or residential then the setback would be 25' and a variance would not be required. The applicant is proposing to construction the facade of the new addition 35'-6" from the west property line. Public comment forms were mailed to twenty-two (22) property owners within 200 feet of this request, as required by State Law. At the time of this posting one response was received against the proposed 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 (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; Page 1 of 2 Page 2 of 2 ZBOA 2012-06 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. 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't o o mill i Eo H a of o' o . .L;;11 �?r _IAI ' 35'-6" 1 Oir-0" t InFm 30'-0" , 50' 0"/ / —Wylie ISD request that —the 50'-0" front Yard Setback be waived for —the placement of a Band —hall Addition. + NORTH 01 WYLIE H.S.2 SITE PLAN "THESE TH ANDFo°OCU RENTS ARE INCOMPLETE ARE NOT TO BE USED FOR REGULATORY SCALE: 1 »=60' APPROVAL, PERMIT OR CONSTRUCTION" ARCHITECT NAME: FREDERICO B. MONTES JR PBK Architects, Inc. WYLIE HIGH SCHOOL PBK Proj: 9999-96 Stanford Centre 14001 N. Dallas Parkway Date: 05/01/12 • I ! I Suite 400 Sketch: __ ' 1 wDallas, Texas 75240 Wylie Independent School District Sketch *: ASK-01 972.233.1323 I t rrrrrr 1 I U °J r _ Ouhik C1 '/ Lr f iii'S 4 ' , - ' In -- - -i r\: _ _ _ ‘r) - - - _ 7TTTJ °A .-k-_ I , ! :ii) . -1- Hil ii U I I II' - - O D,u-15idk CI ¢y L� rn i 5 I , _ _ _i _ i _ _. I I , I I I OWNER NOTIFICATION MAP ZBA CASE #2012-06 NOTIFICATION REPORT APPLICANT: Robert Graham APPLICATION FILE 2012-06 14001 N.Dallas Parkway Dallas,Tx 75244 E# BLKIABST LOTITRACT I TAX I.D.# , r PROPERTY OWNER NAME 1- ADDRESS Applicant 14001 N.Dallas Parkway 1 Robert Graham Dallas,Texas 75244 Cimarron Estates 1702 Buckthorne Drive 2 Blk A Lot 26 R-8143-00A-0260-1 Thomas Philip Allen,Texas 75002-2659 Cimarron Estates 314 Capps Drive 3 Blk A 27 R-8143-00A-0270-1 Jennifer Swartz Wylie,Texas 75098 Cimarron Estates 312 Capps Drive 4 Blk A 28 R-8143-00A-0280-1 Julie Moore Wylie,Texas 75098 Cimarron Estates 1 310 Capps Drive 5 Blk A 29 R-8143-00A-0290-1 Reynaldo Lopez Wylie,Texas 75098 Cimarron Estates 308 Capps Drive 6 Blk A 30 R-8143-00A-0300-1 Cory Renfro Wylie,Texas 75098 Cimarron Estates 306 Capps Drive 7 Blk A 31 R-8143-00A-0310-1 Bernice Wery Wylie,Texas 75098 Cimarron Estates 304 Capps Drive 8 Blk A 32 R-8143-00A-0320-1 Diana Jemes Wylie,Texas 75098 Cimarron Estates 302 Capps Drive 9 Blk A 33 R-8143-00A-0330-1 Julie Wray Wylie,Texas 75098 Cimarron Estates 300 Capps Drive 10 Blk A 34 R-8143-00A-0340-1 Lonny Hutto Wylie,Texas 75098 Cimarron Estates 2936 Montague Trail 11 Blk A 35 R-8143-00A-0350-1 . Carl Garrison Wylie,Texas 75098 Cimarron Estates 2937 Glendale Drive 12 Blk A - Lot 56 R-8143-00A-0560-1 Bette Rivera-Lemay Wylie,Texas 75098 Cimarron Estates 216 Palmdale Drive X( 13 Blk A 57 R-8143-00A-0570-1 Meredith Revier Wylie,Texas 75098 Cimarron Estates 214 Palmdale Drive 14 Blk A 58 R-8143-00A-0580-1 David Hams Wylie,Texas 75098 Cimarron Estates 212 Palmdale Drive 15 Blk A 59 R-8143-00A-0590-1 Junaid Najamuddin Wylie,Texas 75098 Cimarron Estates 210 Palmdale Drive 16 Blk A 60 R-8 14 3-00A-0600-1 Siew Kee Ang Wylie,Texas 75098 Cimarron Estates 208 Palmdale Drive 17 Blk A 61 R-8143-00A-0610-1 Rachel Heath Wylie,Texas 75098 Cimarron Estates 2113 S. 277th Place 18 Blk A 62 R-8143-00A-0620-1 Kevin Resinto Federal Way,WA 98003-6954 Cimarron Estates 204 Palmdale Drive 19 Blk A 63 R-8143-00A-0630-1 Steven Skinner Wylie,Texas 75098 Cimarron Estates 202 Palmdale Drive 20 Blk A 64 R-8143-00A-0640-I Christopher Benner Wylie,Texas 75098 Cimarron Estates 200 Palmdale Drive 21 Blk A 65 R-8143-00A-0650-1 Stevan Newbold Wylie,Texas 75098 Wylie East HS Addn PO Box 490 22 Mk A Lot 1 R-9551-00A-0010-1 Wylie ISD Wylie,Texas 75098 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 PUBLIC COMMENT FORM (Please type or use black ink) Planning Department 300 Country CIub Road Building 100 Wylie,Texas 75098 I am FOR the requested variance as explained on the attached public notice for ZBA Case#2012-06. --)< I am AGAINST the requested variance as explained on the attached public notice for ZBA Case#2012-06. Date,Location&Time of Planning&Zoning Commission meeting: Monday,May 21,2011,7:00 pm Municipal Complex,300 Country Club Road,Building 100,Wylie,Texas Name: 1 '.. c i e‘V e (please print) Address: ` f'l�LAI opt. Signature4.- 47144 Date: COMMENTS: 4i) Q/l"' w kV\ -Xk -CD'N tn4•40t—A3 '1111C4)4°. 44::"Ir-b: '''� ,ta14.