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07-24-1989 (Zoning Board of Adjustment) Agenda Packet DATE POSTED 7-21-89 TIME POSTED 9:00 A.M. AGENDA ZONING BOARD OF ADJUSTMENTS MEETING, CITY OF WYLIE, TEXAS MONDAY, JULY 24, 1989 7:00 P. M. COUNCIL CHAMBERS MUNICIPAL COMPLEX 2000 HIGHWAY 78 NORTH CALL TO ORDER ORDER OF PAGE BUSINESS REFERENCE BUSINESS 1 Administer Oath of Office to new members and the re-appointed members 2 Election of Chairman of the Board 3 Election of Vice Chairman of the Board 4 1- 3 Consider approval of the minutes of the March 3 , 1989 meeting 5 4 - 5 Conduct Public Hearing on the request for a variance of 4 feet 6 inches on the side yard set back at Lot 30 , Block 2, Holiday Terrace (903 Mardi Gras) 6 Consider approval of variance of 4 feet 6 inches on the side yard set back at Lot 30, Block 2 , Holiday Terrace (903 Mardi Gras) 7 Adjourn ZONING BOARD OF ADJUSTMENTS MEETING MINUTES MARCH 3, 1989 The Zoning Board of Adjustments met in regular session on Friday, March 3, 1989 , in the Council Chambers of the Municipal Complex . A quorum was present and notice of the meeting had been posted in the time and manner required by law. Members present were Chairman Art Harris , Mike Miller , Sue Ellen Neal , Cleo Adams , and Gerald Clark. Staff members present were Code Enforcement Officer Roy Faires , and . Secretary Candi White. G .W. Gooding was absent . Chairman Art Harris called the meeting to order . CONSIDER APPROVAL OF MINUTES FOR NOVEMBER 10TH AND 21ST, 1988 MEETINGS. There being no corrections to the minutes , a motion was made by Mr . Adams to approve the minutes as submitted . Mr . Clark seconded the motion. The motion carried with all in favor . CONSIDER APPROVAL OF REQUEST FOR VARIANCE ON SET BACK REQUIREMENTS FOR LOT 2 BLOCK 15, NEWPORT HARBOR. IN ACCORDANCE WITH SUBDIVISION REGULATIONS, A 2 CAR GARAGE SHOULD BE ADDED AS THE EXISTING GARAGE WAS CONVERTED INTO AN OFFICE/DEN. THE ADDITION OF THE NEW GARAGE WILL ENCROACH INTO THE REQUIRED SET BACK LINE. BUYER OF HOME WANTS TO LEAVE CONVERSION AND ADD A TWO CAR GARAGE TO MEET THE SUBDIVISION ORDINANCE BECAUSE OF EXISTING HOME LAYOUT . (LOCATED AT 1524 SCHOONER BAY DRIVE, ADJACENT TO FM 1378) . Code Enforcement Officer , Roy Faires explained that when the home at 1524 Schooner Bay Drive was being constructed , the plans showed a 2 car attached garage. He said that some other builders in town had lost control of four model homes , in which the garages had been converted into offices. Mr . Faires said that because of that reason , he had made the decision that converting garages would not be permitted . He also said that Mr . Baron Cook had guaranteed him that before his house sold, the garage would be converted back. Mr . Faires said that Mr . Cook' s guarantee was the only reason he was permitted to convert the garage, and that at the time the conversation took place, Mr . Faires was thoroughly convinced that the garage would be converted back. Mr . Cook explained to the Board that the house at 1524 Schooner Bay Dr . was his model home, and the garage had been converted for use as a sales office. He said the house was 1420 square feet , but with the garage conversion it was 1900 square feet . Mr . Cook said he had a couple who wished to purchase the house, and the main reason they wanted it was for the garage conversion . Mr . Cook explained that he had made a mistake during construction and moved the house back approximately five feet in order to halve a larger front yard. He said that due to that fact , he was encroaching into the alley set back, and that the sicee yard set back was off two foot due to a six foot slidinc door in the house. Mr . Cook said that he simply ran out of :room on the lot . Chairman Harris asked if the couple had :purchased the house. Mr . Cook said they were living in the house on a lease purchase arrangement , but the house had -not yet been put in their name. Chairman Harris asked if any of Mr . Coc t:. s other houses had garage conversions . Mr . Cook said that ; other houses did, that this only did as it was being used :or an office. Chairman Harris asked why there was md driveway at the house. Mr . Cook explained that he was fable to save on the expense when he built the house, it mad== the backyard look larger, and also for security reasons , as it kept people from coming up on the back of the house. He also said that he had not built a driveway on any of his three models. Chairman Harris asked how many homes M:. . Cook had built in Newport Harbor . Mr . Cook said he had about ten going . Chairman Harris also asked Mr . Cook if h_ hadn' t been before the Board before. Mr . Cook said he :nad , when he was building a house on an odd shaped d=orner lot. Code Enforcement Officer , Roy Faires agreed that the prior request was for a home on an odd shape: lot and was a good application . Mr . Faires asked if K=_ . Cook remembered assuring him that he wouldn' t let some_cne move in without converting the garage back. Mr . Cook : said he remembered assuring Mr . Faires that he wouldn' t wa_i off and leave the home with the conversion . Mr . Faires told the Board that garage cc=-versions have never been allowed by Planning and Zoning or =_ne City Council for builders or homeowners, and reminded teem that they were supposed to find something unique aboc= the lot that would cause a hardship before granting a varia__ce. Mr . Cook explained that the only hardy_nip would be on the people moving in the house. He said t =at he could build a very small garage that would fit on the lot , but he really would prefer to build a larger garage . Ms . Neal asked if the house was on a =:tandard lot , and if Mr . Cook had any other lots . Mr . Cc_: ;. said it was a standard lot and that he did have oth=__ lots. Ms. Neal asked him why he didn' t build the same h::use with the garage conversion on another lot where a standa_:f garage would also fit, and sell them that one. Mr . Cori explained that the buyer ' s couldn' t afford it . Ms . Neal sa:± 5 she felt that Mr . Cook was using the Board to sell a h:; use and that is not 2 what the Board was for . She felt that his reasons were invalid . Mr . Clark asked if the subdivision ordinance required a two car garage. Mr . Faires said the zoning ordinance required one, and that when he allowed Mr . Cook to convert the garage, there was no question in his mind that the room would be converted back to a garage. Mr . Faires added that a garage conversion would never be allowed in Wylie again, that offices will be in the garage as a garage, or in a bedroom. Mr . Harris clarified with Mr . Cook that he was asking for a variance of five feet on the rear and four feet on the side. Ms . Neal made a motion to deny approval of the variance . The motion was seconded by Mr . Adams. The motion carried with all in favor . GENERAL DISCUSSION. Ms . Neal said she felt the Board needed to discuss Mr . Cook not coming before the Board for any more variances , as she felt it was becoming too convenient for him. Mr . Faires said that Mr . Cook had been issued a temporary certificate of occupancy that could be withdrawn at any time. He also said that other arrangements would have to be made for the couple living in the house and that time would be limited to do so . Art Harris , Chairman Respectfully Submitted, Candi White, Secretary 3 • APPLICATION TO P4 Board of f Adjustment and Appeals (Building) ORDINANCE 83-15 - Board of: Adjustment and Appeals (Zoning) ORDINANCE 81-5 i Plannintg and Zoning Commission ORDINANCE 81-5 ' NAME E E L M ADDRESS i 9 MA231 G QA S • LOT ^ - BLOCK -3 0 SUBDIVISION L1 n,Q- J t)22AcE BASIS OF APPLICATION: iI Interprretation 1 Special exception for use or development jVariance ► `� RezonirTg Excepti3on to Building Code EXPLAAATI ON: n �2S _ /1 i is / , yS YVAJr) TO � c 4 /CuN- Gb,,„/.) Cyr 0'2 to J / /Vc•- 64e46E. 7? 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