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04-16-2012 (Zoning Board of Adjustment) Minutes 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 façade. 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 closed 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. 7-"--BiII Baumbach, Chair ATTEST: \ , Ma Bra3iley,Secretary X' Bray (`/ Minutes April 16, 2012 Wylie Zoning Board of Adjustment Page 5 of 5