11-19-2012 (Zoning Board of Adjustment) Minutes Wylie Zoning Board of
Adjustment
CITY OF WYLIE
Minutes
Zoning Board of Adjustment
Monday, November 19, 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 Kelly Price. Absent were Board Member Jason Potts.
Staff members present were: Renae' 011ie, Planning Director, Dwight Lancaster,
Building Official, and Mary Bradley, Administrative Assistant.
CONSENT ITEMS
1. Consider and act upon approval of the Minutes of the September
17, 2012 Meeting.
A motion was made by Board Member McGinnis, and seconded by Board
Member Finnell, to approve the Minutes from the September 17, 2012 Meeting
as submitted. Motion carried 5 —0.
PUBLIC HEARINGS
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 for Single-Family 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.
Staff Comments
Ms. 011ie stated that the applicant, Altura Homes, is requesting a variance to
Section 3.3 A Development Standards for Single-Family 8.5/17 zoned properties.
Minutes November 19,2012
Wylie Zoning Board of Adjustment
Page 1 of 4
The variance is to the rear setback requirement from 25 feet to 9.5 feet. The
request represents approximately a 65 percent adjustment to the requirements of
the Zoning Ordinance for SF 8.5/17 zoned districts.
In October, 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 year setback of 9.5 feet in lieu of the required 25 feet as established by the
Zoning Ordinance.
Public Comment Forms were mailed to 29 property owners within 200 feet of the
property, as required by law. No responses were received in favor or against the
request.
Mr. Edward Hamilton, Altura Homes, Vice-President, 5763 S. SH 2O5, Rockwall,
stated that last year Altura Homes constructed several homes, and this year
purchased additional lots. The issue with the property located at 311 Sikorsky
Court, is the property is located within a.cud-le-sac, and the rear yard setback is
not shown on the Plat. The surveyor did not even catch the setbacks, because
the plat does not indicate a 25 feet rear yard setback. The plumbing rough was
constructed, after the permit was submitted and approved by the City of Wylie
Building Inspections. At the time of inspection for the plumbing, the inspector
realized the rear year setback was incorrect.
Mr. Hamilton is requesting a variance to complete the construction of the home.
In additional, Mr. Hamilton stated that the neighborhood would appreciate the
proposed completion of the home and not one that conforms to the regulations. If
a home is constructed meeting the regulations, the house would sit in front of the
other homes on the block.
Board Member Price questioned if there are easements in the rear yard. Mr.
Hamilton stated no. Board Member McGinnis questioned on the other lots
constructed previously, did Altura Homes know of the rear yard setbacks. Mr.
Hamilton stated yes, they were aware of the 25 feet setback, but typically the Plat
will show the rear yard setbacks, and the rear year setback was not shown on
the plat.
Board Member Price questioned if the square footage of the proposed home the
standard size within Meadowview and if abiding by the 25 foot setback would the
home be smaller? Mr. Hamilton responded by stating the deed restrictions
prohibit any house smaller than what is already constructed. Assuming that a
design can be designed for the lot meeting the 25 foot setback, the house would
long and narrow.
Board Member Jourdan asked if a variance could be giving for 18 or 20 feet
setback, or does the variance have to be 9.5 feet. Mr. Hamilton stated that the
property is constrained by the 20 feet front yard setback. The proposed design
for the lot will fit with the neighborhood due to the size of the lot within the cul-de-
sac.
Minutes November 19,2012
Wylie Zoning Board of Adjustment
Page 2 of 4
Ms. 011ie stated that very rarely in any city, specifically in the City of Wylie will a
plat include the rear yard setback, the front yard setback is always platted. The
requirements are clearly stated in the Zoning Ordinance.
Chairman Baumbach opened the Public Hearing.
Ms. Shirley Jones, 401 DaVinci Lane; Mr. Don White, 304 W. Brown Street; Ms.
Rhonda Brown, 412 Carver Drive; and Mr. Randy Lanoue, 300 W. Brown Street
all spoke in opposition of the request and recommended the developer to move
the house closer to the front yard setback.
Mr. Lancaster approached the Board Members stating that when the Plans were
reviewed and approved, a stamp with the required setbacks is on the stamped
approval plans. Mr. Lancaster also recommended that the developer re-design
the back bedroom to the side and move the house closer to the front yard.
Chairman Baumbach closed the Public Hearing.
Board Discussion
Board Member Jourdan stated that the Board Members were not experienced in
building or constructed to recommend how to design a home or to construct a
different design.
Board Member McGinnis questioned if a variance was ever approved for a 65
percent adjustment to the requirements of the Zoning Ordinance. Ms. 011ie stated
not that she is aware. Board Member McGinnis expressed her opinion in that the
setbacks can be met by the developer.
Board Action
A motion was made by Board Member Jourdan, and seconded by Board Member
Finneli, to DENY the request for a variance to Section 3.3.A Development
Standards for Single-Family 8.5/17 zoned properties requiring a minimum 25 feet
rear yard setback. The property being located at 311 Sikorsky Court, being Lot
31, Block 4 of the Meadowview Estates Addition. Motion carried 5 — 0.
Minutes November 19, 2012
Wylie Zoning Board of Adjustment
Page 3 of 4
ADJOURNMENT
A motion was made by Board Member Price, and seconded by Board Member
Finnell, all Board Members were in consensus, and the meeting adjourned at
7:33p.m.
ill Baumbach,Chair
ATTEST:
1G
Ma Bra y,Secretary
Minutes November 19,2012
Wylie Zoning Board of Adjustment
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