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11-19-2012 (Zoning Board of Adjustment) Agenda Packet Zoning Board of Adjustments , , .. 7 ., CITY OF WYLIE • November 19, 2012 Regular Business Meeting ,c_ : T* Wylie Zoning Board of -� Adjustment s,,: 887X),a 4r NOTICE OF MEETING Regular Meeting Agenda Monday, November 19, 2012 - 7:00 p.m. Wylie Municipal Complex — Council Chambers 300 Country Club Road, Building #100 Bill Baumbach Chair Linda Jourdan Vice-Chair Jason Potts Board Member Kelly Price Board Member Karyn McGinnis Board Member Kevin Finnell Alternate Board Member Bryan Rogers Alternate Board Member Renae' 011ie Planning Director Charles Lee Senior Planner Jasen Haskins 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 Mayor and City Council request that all cell phones and pagers be turned off or set to vibrate. Members of the audience are requested to step outside the Council Chambers 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. Hearing impaired devices are available from the City Secretary prior to each meeting. CALL TO ORDER Announce the presence of a Quorum. CONSENT AGENDA 1. Consider and act upon approval of the Minutes of the September 17, 2012 Meeting. REGULAR AGENDA Public Hearing 1. Hold a public hearing to consider and act upon a request by Edward Hamilton of Altura Homes for a Variance to Section 3.3 A Development Standards of the Zoning Ordinance for SF 8.5/17 zoned properties requiring a minimum 25 feet rear yard setback, property located at 311 Sikorsky Court, being Lot 31, Block 4 of the Meadowview Estates Addition. ZBA 2012-08. November 12,2012 Wylie Zoning Board of Adjustment Regular Meeting Agenda Page 2 of 2 ADJ OU RN M ENT CERTIFICATION I cert07 that this Notice of Meeting was posted on this 16th day of November, 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, September 17, 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 Karyn McGinnis, Board Member Kevin Finnell, Board Member Linda Jourdan, and Board Member Jason Potts. Absent were Board Member Kelly Price. Staff members present were: Renae' 011ie, Planning Director, Charles Lee, Senior Planner, and Mary Bradley, Administrative Assistant. ELECTION CHAIR AND VICE CHAIR Nomination of Chair A nomination was made by Board Member McGinnis, and seconded by Board Member Finnell, for Board Member Baumbach to be Chair. Motion carried 4 — 0, with Board Member Potts arriving after the vote. Nomination of Vice-Chair A nomination was made by Board Member Baumbach, and seconded by Board Member McGinnis, for Board Member Jourdan to be Vice-Chair. Motion carried 4 — 0, with Board Member Potts arriving after the vote. CONSENT ITEMS 1. Consider and act upon approval of the Minutes of the May 21, 2012 Meeting. A motion was made by Board Member McGinnis, and seconded by Board Member Jourdan, to approve the Minutes from the May 21, 2012 Meeting as submitted. Motion carried 5 — 0. Minutes September 17, 2012 Wylie Zoning Board of Adjustment Page 1 of 3 PUBLIC HEARINGS 1. Hold a public hearing to consider and act upon a request by Brad Dorethy New Hope Christian Church 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. The property is located at 1100 West Brown Street, being Lot 1, Block 1 of the New Hope Christian Church Addition. ZBA 2012-07. Staff Comments Ms. 011ie stated that the applicant is New Hope Christian Church, located at 1100 West Brown Street. The request is to extend an existing variance that was granted by the Board on June 28, 2010. When the Board Granted the request, the church was reviewing plans for expansion. However, due to the economy and the church being financially strapped, they were unable to build the expansion. The applicant is requesting to extend the existing modular building and add an additional modular building, until the construction of a permanent structure is financially possible. The Zoning Ordinance Section 5.5.A allows a temporary use for 90 days or less within a one year time frame. The time frame that the applicant is requesting is one-year or until completion of the new expansion, whichever comes first. The current structure is 1,680 square feet, and the new modular trailer will be 2,520 square feet. The buildings will not be visible from the street. Thirty-eight (38) public comment forms were mailed to property owners within 200 feet, as required. No responses were received in favor or against the request. Chairman Baumbach opened the Public Hearing. Mr. Brad Dorethy, representative for New Hope Christian Church, stated that the church just recently started holding three services on Sunday. Construction design and drawings are in the preliminary stages. Mr. Dorethy asked the Board to consider the length of the construction and extend the one-year time frame to possibly fourteen months from the date of approval of the request. Mr. Lee, Senior Planner, stated that the applicant has approached the planning department with concerns on preserving the pond that is located on the property, and for additional parking with another access off Brown Street. Mr. Dorethy stated that the existing modular trailer does not have restroom facilities, and that the existing modular trailer is a classroom for older children. The additional modular trailer will be used for offices depending on the cost. The current nursery and toddler classrooms located in the main facility need to be expanded with restroom facilities adjacent or close by. Minutes September 17, 2012 Wylie Zoning Board of Adjustment Page 2 of 3 Board Discussion Board Member McGinnis expressed the desire to not have the church come back within another year or two years to extend the variance. Rather have them make sure they submit the plans for permanent structure within a certain time frame. Chairman Baumbach recommended stipulating the variance be granted for fourteen months, which will be sufficient time to begin construction or complete a final certificate of occupancy. Mr. Dorethy was in agreement to the stipulation of fourteen months. Chairman Baumbach closed the Public Hearing. Board Action A motion was made by Board Member Jourdan, and seconded by Board Member Finnell to Grant the request for a variance to allow two modular buildings for a period of fourteen (14) months from the date of approval. The variance is in lieu of the requirement that all temporary uses operate 90 days or less within a one- year time frame, according to Section 5.5.A of the Zoning Ordinance. This variance applies to the property located at 1100 West Brown Street, being Lot 1, Block 1, of the New Hope Christian Church Addition. Motion carried 5 — 0. ADJOURNMENT A motion was made by Board Member McGinnis, and seconded by Board Member Finnell, all Board Members were in consensus, and the meeting adjourned at 7:25p.m. Bill Baumbach, Chair ATTEST: Mary Bradley, Secretary Minutes September 17, 2012 Wylie Zoning Board of Adjustment Page 3 of 3 This page is intentionally blank Gdt� OF l. *. _rra Wylie Zoning Board of • .. �.�.l: Adjustment AGENDA REPORT Meeting Date: November 19, 2012 Item Number: 1 Department: Planning Case Number: ZBA 2012-08 Prepared By: Jasen Haskins Project Location: 311 Sikorsky Court Meadowview Estates Date Prepared: November 12, 2012 Subdivision Name: Addition Location Map, Site Layout, Notification List and Map Exhibits: with Responses Subject Variance to Section 3.3 A Development Standards of the Zoning Ordinance for SF 8.5/17 zoned properties requiring a minimum 25 feet rear yard setback,property located at 311 Sikorsky Court,being Lot 31,Block 4 of the Meadowview Estates Addition. ZBA 2012-08 Discussion Applicant: Location: 311 Sikorsky Court The applicant is requesting a variance to Section 3.3 A Development Standards for SF 8.5/17 zoned properties. Specifically,the rear yard setback. Altura Homes applied for and was granted a permit to begin constructing a new single family residence on the property. During a plumbing inspection it was determined that the residential structure was being built with a rear yard set back of 9.2' in lieu of the required 25' as established by the Zoning Ordinance. The applicant is requesting a variance from the minimum 25' lot set back to 9'. The Final Plat was approved in 2003 for single-family residential lots with a zoning classification of SF 8.5/17. The applicant has provided a site exhibit reflecting the 9.2 rear set back. In addition, the applicant states that the Final Plat does not show a rear set back line. The Zoning Ordinance nor the Subdivision Regulations require that these lines are shown on the plat. However,the Zoning Ordinance clearly describes the regulations set forth for each zoning district. The request represents approximately a 65% adjustment to the requirements of the Zoning Ordinance for SF 8.5/17 zoned districts. Public comment forms were mailed to twenty-nine (29) property owners within 200 feet of this request, as required by State Law. No responses were 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 make practicable the formulation of a general regulation to be adopted as an amendment to the development code; or Page 1 of 1 November 19, 2012 Wylie Zoning Board of Adjustment Page 2 of 2 (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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NO FIELD WORK HAS BEEN PERFORMED. 2. THIS PROPERTY IS SUBJECT TO ADDITIONAL EASEMENTS OR RESTRICTIONS OF RECORD. 3. CARTER LAND SURVEYORS IS UNABLE TO WARRANT THE ACCURACY OF BOUNDARY INFORMATION,STRUCTURES, EASEMENTS,AND BUFFERS THAT ARE ILLUSTRATED ON THE SUBDIVISION PLAT. 4. UTILITY EASEMENT HAS NOT BEEN FIELD VERIFIED BY SURVEYOR.CONTACT UTILITY CONTRACTOR FOR LOCATION PRIOR TO CONSTRUCTION.(IF APPLICABLE) 5. THIS PLAT IS FOR EXCLUSIVE USE BY CLIENT. USE BY THIRD PARTIES IS AT THEIR OWN RISK. 6. DIMENSIONS FROM HOUSE TO PROPERTY LINES SHOULD NOT BE USED TO ESTABLISH FENCES. 7. CITY SIDEWALKS,DRIVEWAY APPROACHES,AND OTHER IMPROVEMENTS INSIDE THE CI7'Y5 RIGHT OF WAY AR PROVIDED FOR DEMONSTRATION PURPOSES ONLY.CONSULT THE DEVELOPMENT PLANS FOR ACTUAL CONSTRUCTION. 8. THIS PLAT HAS BEEN CALCULATED FOR CLOSURE AND IS FOUND TO BE ACCURATE WITHIN ONE FOOT IN 10,000 FEET. SCALE:I"=30' AREA:10,487 ST.--0.24 ACRES BOX DIMENSION TO BE STAKED: Cabinet F,Slide 221 46.8'WIDTH X 65.7'DEPTH gyp• *Ii ADDRESS: 311 SIKORSKY COURT IC77— Fitt s Curve Radius Length Chord Chord Bear. Cl 50.00' $3.02' 73.80' " N 79.09'57' E, Course Bearing Distance L1 S 88'23'53' E 2.51' N� N� OLIVIA GOYTIA DONALD WHITE WE RUSSELL DAVIS N 813'25'19"W 119.10' IllirilI II ( i PORCH 31 ^ PROPOSED iv HUDSON B O N RH) /42 41 '-I 0 ...Anil ti '' toN PROP. 'Y DRIVEmiTc _ SB tn u Cl LEGEND: �`' ABS.Reber Sat REF-Reber Found Open Pied Irz�F CTF- T x Posed SIKORSKY COURT ISL-BeddingDE-Drainage Easement 50'R/W SSC-Sanitary Sewer Eaaemmt F-Parch LIE-Utility Easement PP-Power pole FENCE LENGTH..214 FT FP-Fence Pod -P.Power Liles FLATWORJ( -X- Fence -D-Drainage Easement AREAS SqFt Driveway 930 -S-Sewer Easement CB-Catch Basin Stoop - City Walks 306 RJW-Right of Way CONC-Concrete Patio - Approach 115 Dk-Deck Pat-Path4k4'A.0 Pad 16 Total network 1373 S-Stoop BM-Benchmark Lead Walk 6 Sod 7204 HLP FOR: CARTER LAND SURVEYORS ALTURA HOMES AND PLANNERS ' - t s o c T SUBDIVISION:MEADOWVIEW 2780 Peachtree Industrial Boulevard -f0,• LOT:31 BLOCK:4 Duluth,GA 30097 • ir i I /rS.B.SHELBY SURVEY Ph:770.495.9793 vl'I.CITY OF WYLIB,TEXAS Toll Free:866.637.1048 COLLIN COUNTY,TEXAS 6226 ORDER DATE: 09 27-2012 www.carterland.com f •eo oNa, 4-.: 2012090556 ALTURA Atlanta•Charlotte•Houston•Dallas 9 to s uav Er. " Galveston•Beaumont ' . . ' /l_Y/L 406 -ill l ��1� I 7 3 5 405 5 JI 35 405 404 1 1 39 0 1i14r.f4nd ( I 36401 0 (- f7 Sikorsky C urt ,bon) , , 7...„).7 L.t-v- ' 17 1R 4031 bd- 82a ,..............:w Tr 43 - est Brow' 69B 69A 60,N 60C E 'S - 9:\ 59B 309 307 68B 68A 61A 61 C 5 ,A 58C 1 = S8D ;gig 307 OWNER NOTIFICATION MAP ZBA CASE #2012-08 NOTIFICATION REPORT APPLICANT Edward Hamilton with Altura Homes APPLICATION FILE 2012-08 5763 S. SH 205 H 100 Rockwall,Tx 75032 n BLKIABST LOT/TRACT TAX I.D. # PROPERTY OWNER NAME ADDRESS Applicant -Edward 1-Iamilton 5673 S. SI-I 205#100 1 Altura Homes Rockwall,Texas 75032 Meadowview Estates 404 Da Vinci Lane 2 Blk 3 Lot I I R-8518-003-0010-1 Alan Adams Wylie,Texas 75098 Meadowview Estates 5763 S.SI.I 205,#100 3 Blk 3 36 I R-8518-003-0360-1 Oak National Holdings LLC Rockwall,Texas 75032 Meadows less Estates 302 Sikorsky Court 4 Blk 3 37 I R-8518-003-0370-1 Erik Gandara Wylie,Texas 75098 Meadowview Estates 5763 S. SI-I 205,#100 5 BIk 3 38 I R-8518-003-0380-1 Oak National Holdings LLC Rockwall,Texas 75032 Meadowsiew Estates 300 Country Club Road#100 6 BIk 3 39 I R-8518-003-0390-1 City of Wylie Wylie,Texas 75098 Meadowview Estates 303 Sikorsky Court 7 Blk 4 Lot 27 I R-8518-004-0270-I John Hargrove Wylie,Texas 75098 Meadowview Estates 5763 S. SI-I 205, #100 8 Blk 4 28 I R-8518-004-0280-I Oak National Holdings LLC Rockwall,Texas 75032 Meadowview Estates 307 Sikorsky Court 9 BIk 4 29 I R-8518-004-0290-I Kyle Johnson Wylie,Texas 75098 Meadowsiew Estates PO Box 2589 10 Blk 4 _ 30 I R-8518-004-0300-I LGD Properties Wylie,Texas 75098 Meadows iew Estates 5763 S. SH 205,#100 11, Blk 4 31 I R-8518-004-0310-I Oak National Holdings LLC Rockwall,Texas 75032 Meadowsiew Estates 313 Sikorsky Court 12 Blk 4 32 I R-8518-004-0320-1 Michael Harris Wylie,Texas 75098 Meadowview Estates 401 Da Vinci Lane 13 Blk 4 33 I R-8518-004-0330-1 Shirley Jones Wylie,Texas 75098 Meadowview Estates 300 Country Club Road#100 14 BIk 4 34 I R-8518-004-0340-1 City of Wylie Wylie,Texas 75098 Meadowview Estates 1612 Rushing Way 15 Blk 4 35 R-8518-004-0350-1 Randy Jones Wylie,Texas 75098 Pointe North #1 960 Ralph Hall Parkway 16 Blk K Lot 7 R-1878-001-0070-1 OMS Investments, LLC Rockwall,Texas 75032 Brown&Burns PO Box 2075 17 BIk 12 Lot 71A R-1 156-012-071A-1 Russell Davis Wylie,Texas 75098 Brown& Burns PO Box 2075 18 Blk 12 Lot 70A R-1 I56-012-070A-1 Russell Das is Wylie,Texas 75098 Brown& Burns 304 W. Brown Street 19 BIk 12 70B R-1156-012-072B-1 Donald White _ Wylie,Texas 75098 Brown& Burns 304 W.Brown Street 20 BIk 12 71B R-1156-012-072B-1 _ Donald White Wylie,Texas 75098 Brown& Burns 304 W.Brown Street r21 Blk 12 72A R-1 156-012-072B-1 _ Donald White Wylie,Texas 75098 Brown& Burns 304 W. Brown Street 22 Blk 12 73A R-1 156-012-072B-1 Donald White Wylie,Texas 75098 Brown & Burns 1305 Rain Tree Drix e _23 BIk 12 72B R-1156-012-072B-1 Adrian Delacruz Wylie,Texas 75098 Brown &Burns 1305 Rain Tree Drive 24 BIk 12 73B R-1156-012-072B-I Adrian Delacruz Wylie,Texas 75098 Brown &Burns 300 W. Brown Street 25 Blk 12 72R R-1 156-012-072R-I Teresa Lanoue Wylie,Texas 75098 Brown&Burns 300 W. Brown Street 26 Blk 12 73R R-!156-012-072R-I Teresa Lanoue Wylie,Texas 75098 Brown&Burns 401 N. Keefer Drive 27 BIk 12 74R R-1 156-012-074R-1 Kent Smith Wylie,Texas 75098 Brown&Burns 401 N. Keefer Drive 28 Blk 12 75R R-1156-012-074R-1 Kent Smith Wylie,Texas 75098 4739 Maple Axenue 29 Abst 820 Tract 43 R-6820-000-0430-1 Eva Molina Dallas,Texas 75219 30 31 32 33 34 35 36 37 38 39 40 1 41