05-20-2013 (Zoning Board of Adjustment) Agenda Packet Zoning Board of
Adjustments
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CITY OF WYLIE
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May 20 , 2013
Regular Business Meeting
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Wylie Zoning Board of
2r'-L.i Adjustment
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,sr;E8B7x,,s NOTICE OF MEETING
Regular Meeting Agenda
Monday, May 20, 2013 — 7:00 p.m.
Wylie Municipal Complex — Second Floor Conference Room
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 Once 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 March 18, 2013
Meeting.
REGULAR AGENDA
Public Hearing
1. Hold a public hearing to consider and act upon a request by David Conkle for a Variance to
Section 3.F.12.a of the Zoning Ordinance requiring that, "Front yard fences shall be permitted
to a height of 4 feet maximum with 50 percent transparency constructed of wood or
wrought iron. The property is located at 200 Alanis Drive, being Lot 1,Blk A, Blakey Addition
No.1. ZBA 2013-02.
May 20,2013 Wylie Zoning Board of Adjustment Regular Meeting Agenda Page 2 of 2
ADJOURNMENT
CERTIFICATION
I certJ that this Notice of Meeting was posted on this 17th day of May 2013 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.wvlietexas.gov.
Carole Ehrlich,City Secretary Date Notice Removed
This page is intentionally blank
Wylie Zoning Board of
Adjustment
CITY OF WYLIE
Minutes
Zoning Board of Adjustment
Monday, March 18, 2013 — 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 Jason
Potts, Board Member Bryan Rogers, Board Member Linda Jourdan, and Board
Member Kelly Price. Absent were Board Member Karyn McGinnis.
Staff members present were: Renae' 011ie, Planning Director, Jasen Haskins,
Planner, and Mary Bradley, Administrative Assistant.
CONSENT ITEMS
1. Consider and act upon approval of the Minutes of the November
19, 2012 Meeting.
A motion was made by Board Member Jourdan, and seconded by Board Member
Price, to approve the Minutes from the November 19, 2012 Meeting as
submitted. Motion carried 5 — 0.
PUBLIC HEARINGS
1. Hold a public hearing to consider and act upon a request by Devin
D King of Kimley-Horn and Associates acting on behalf of B&B
Theaters for a Variance to Section 7.3.C.3 of the Zoning Ordinance
requiring that, "All parking and vehicle storage areas, including
recreational vehicle parking in residential land use districts, shall
occur on concrete pavement.", property located at 711 Woodbridge
Pkwy, being Tract 7 of the LK Pegues Survey. ZBA 2013-01.
Staff Comments
Minutes March 18, 2013
Wylie Zoning Board of Adjustment
Page 1 of 3
Mr. Haskins stated that the applicant is B & B Theaters and the subject property
is located on Woodbridge Parkway just south of FM 544. The Final Plat will be
considered by Planning & Zoning on April 2, and by City Council on April 23.
The Preliminary Plat is approved, and includes four lots on 10.756 acres. The
applicant is requesting a variance for Lots 2 and Lots 3, to Section 7.3.C.3 of the
Zoning Ordinance requiring that, "All parking and vehicle storage areas, including
recreational vehicle parking in residential land use districts, shall occur on
concrete pavement."
Although the Site Plan meets the minimum number of parking spaces required by
the Ordinance, the applicant's request is for overflow parking only. The applicant
is requesting a gravel parking lot for a minimum of twelve months. If the parking
is warranted, after twelve months, the gravel will be removed and concrete will be
poured. If not, the gravel will be removed and landscaping will be provided or the
lot will be sold for commercial uses.
Public Comment Forms were mailed to 16 property owners within 200 feet of the
property, as required by law. One response was received, specifically against Lot
2 being a gravel parking lot.
Board Discussion
Mr. Dennis McIntire, B&B Theaters, approached the Board Members, stating that
he was withdrawing the request for gravel parking on Lot 2. He stated that the
request is for Lot 3 only. Lot 3 will allow 108 additional parking spaces. The Site
Plan currently has 401 parking spaces, which meets the requirements set forth in
the Zoning Ordinance. The Summit Church has a cross access easement
agreement with B & B Theaters, and has 47 parking spaces.
Board Member Baumbach asked if lighting will be provided for the temporary
parking? Mr. McIntire stated that the design would be submitted to the City
Engineer, to provide a light that is functional, usable and safe. Mr. McIntire stated
that the request is being proactive before the movie theater opens. Board
Member Jourdan questioned the hours of operation and expressed concern of
when the gravel parking will be installed. Mr. McIntire responded that the gravel
parking will be only be installed for half of the lot for the grand opening, probably
by summer, the whole lot will be gravel parking if there is a need. The hours of
operation will be noon to midnight or 2 to 3 in the morning, but definitely will not
be open 24-hours.
Board Member Jourdan asked the reason for the twelve months. Mr. McIntire
stated that the busiest season is summer, even though it is stretched throughout
with kids out of school and during the holidays in November and December,
which are the busiest days, Day after Thanksgiving and Christmas. The desire is
to monitor the parking during the busy season and see if the parking lot warrants
expansion. At the first of the year in 2014, if the variance is granted, the gravel
parking lot will either be removed or a permanent concrete parking lot will be
Minutes March 18, 2013
Wylie Zoning Board of Adjustment
Page 2 of 3
installed, before summer of 2014. Due to inclement weather and various
possibilities prohibiting construction or demolishing, Mr. McIntire is requesting a
waiver to the 90-day requirement in which to act on the variance.
Chairman Baumbach opened the Public Hearing. With no one approaching the
Board, Chairman Baumbach closed the Public Hearing.
Board Action
A motion was made by Board Member Rogers, and seconded by Board Member
Price, to Grant the request for a Variance to Section 7.3.C.3 of the 2001-48
Zoning Ordinance to allow for the installation of a gravel parking surface on a
temporary basis, waiving the 90-day act upon requirement, for a maximum of
twelve months for overflow parking. This variance is tied to the property
described as a tract of land in Abstract No. 703, Tract 7 of the L.K. Pegues
Survey. (721 Woodbridge Parkway, being Lot 3 of the Woodbridge Centre Phase
II Addition). Motion carried 5 — 0.
ADJOURNMENT
A motion was made by Board Member Rogers, and seconded by Board Member
Potts, all Board Members were in consensus, and the meeting adjourned at
7:30p.m.
Bill Baumbach, Chair
ATTEST:
Mary Bradley, Secretary
Minutes March 18, 2013
Wylie Zoning Board of Adjustment
Page 3 of 3
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9F
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AGENDA REPORT
Meeting Date: May 20, 2013 Item Number: 1
Department: Planning Case Number: 2013-02
Prepared By: Jasen Haskins Project Location: 200 Alanis Drive
Lot 1, Blk A,Blakey Addition
Date Prepared: May 14, 2013 Subdivision Name: No. 1
Location Map, Applicant
Statement, Plot Survey, Photo,
Notification List and Map
Exhibits: with Responses.
Subject
Hold a public hearing to consider and act upon a request by David Conkle for a Variance to Section 3.F.12.a of the
Zoning Ordinance requiring that, "Front yard fences shall be permitted to a height of 4 feet maximum with 50
percent transparency constructed of wood or wrought iron. The property is located at 200 Alanis Drive,being Lot 1,
Blk A,Blakey Addition No.1. ZBA 2013-02.
Discussion
The subject property is located on Alanis Drive just west of South Ballard. The property is owned and occupied by the
applicant, David Conkle, and is zoned Single Family 20/26.
The applicant is applying for a variance to Section 3.F.12.a of the Zoning Ordinance that requires fences in the front yard
to be a maximum of 4' in height. The applicant is proposing a fence that will be 7.5' high.
The purpose of the Ordinance is to ensure that fences in front yards allow for visibility and accessibility to the home in a
typical subdivision. However, the location and lot size of this property is atypical. The property's driveway is accessed
from Alanis Drive; a major thoroughfare with a posted speed limit of 40 mph. The amount of traffic and their speeds
could be a safety concern for the home. Additionally,the property is at least twice the size of a typical residential lot with
a setback of 65' compared to a more typical 20-30' setback, thus estate style fencing may be appropriate, while
maintaining visibility and accessibility.
The applicant is proposing to build a wrought iron fence with masonry columns that would be a maximum of 7.5' in
height. This style would match the fencing in the surrounding area and is compatible with the Zoning Ordinance in every
other way.
Public comment forms were mailed to two (2)property owners within 200 feet of this request, as required by State Law.
Both responses were in favor of the 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
Page 1 of 2
Page 2 of 2
ZBOA 2013-02
(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
(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.
Approved By
Initial Date
RO 05/14/13
Department Director
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We are requesting a variance to construct a fence/gate up to 7.5ft across the front of the property
which is on a main public thoroughfare. The fence will be consistent/uniform with the properties on the
east and west sides on the same main public thoroughfare.
Our oversized lot, 65-70'setback and location on a major public thoroughfare make the property
peculiar when compared to the typical subdivision in Wylie. The code was written for smaller lots with
30'setbacks and residing on a normal residential street. We are not typical with our oversized lot, 65-
70'setback and lot fronting a major street. Also, we are surrounded by more commercial property than
residential.
Safety is also a concern considering Alanis Drive is not a typical 15-20mph residential street. It is a 3-4
lane major road with a posted speed of 40mph and more comparable to the provision for public
pathways as referenced in the ARTICLE 3: RESIDENTIAL DISTRICT REGULATIONS. We would estimate the
average speed to be around 40-50mph. We have four children and are just as concerned with keeping
people/cars out as we are keeping our own children in on this busy street.
It is our understanding that the ordinance was written for typical subdivisions in Wylie with smaller lots
and homes that are only setback 30'to keep from having tall fences, such as board on board,that allow
no visibility. We desire to install a wrought iron fence that meets the minimum desired city visibility of
50%.
SURVEY PLAT
Property Address: 200 Mania Drive, City of Wylie, Collin County. Texas
Property Description:
Being Lot 1, Block A. of BLAKEY ADDITION NO. 1, an addition to the City of Wylie, Collin County, Texas according
to the plat thereof recorded in Volume 2006. Page 250, of the Mop Records of Collin County. Texas.
Notes:
1. According to the Flood Insurance Rate Map of the City of Wylie Collin County, Texas, Mop No. 4808500535J. Map Revised June 02, 2009, the herein
described property is located in Zone "X", described by said mop to be, 'areas determined to be outside the 0.2% annual chance flaodplain".
2. All easements shown herein ore per the herein described plot. unless otherwise noted.
3. The surveyor has relied on the title commitment provided by the Title Company shown hereon, with regard to any easements, restrictions, or
rights—of—way affecting the above described Property. No additional research regarding sold easements, restrictions or rights—of—way has been
performed by the surveyor.
4. The easement recorded in Volume 5471, Page 7934, D.R.C.C.T. applies to and affects the herein described property, as shown.
Alanis Drive S89°58'00"E
(so' right—of—way)
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Surveyor's Certification: G.F. No. 1913501320 a 5686 a
To the Lienholders and/or the owners of the premises survey and to Lawyers TitleCompany — .9.y�•aBSs la V4yo
I, Michael B. Arthur. Registered Professional Land Surveyor in and for the State of Texas, hereby certify that the plot SI18
hereon represents on actual survey made on the ground and that all lines and dimensions shown are correct to the
best of my knowledge. There were no visible conflicts found during the time of this survey, except as shown.
LR.S. = 1/2- Iron Rod With Cap Stamped -RPLS 5686•: Set North Texas Surveying, L.L.C.
Bearing Dosis Note: Bearings ore based on the above referenced, recorded mop or plot.
C.M. = Controlling Monument; I.R.F. = Iron Rod round; C.I.R.F. = Copped Iran Rod Found Registered Professional Land Surveyors
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DATE: 04/24/2013 SCALE: 1" = 40' DRAWN BY: C.S.H. CHICO. BY: M.B.A. JOB NO.: 2012-0147
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OWNER NOTIFICATION MAP
ZBA CASE#2013-02
NOTIFICATION REPORT
APPLICANT: David Conkle APPLICATION FILE 2013-01
P.O. Box 476 Wylie,Texas 75098
# BLK/ABST LOT/TRACT TAX I.D. # PROPERTY OWNER NAME ADDRESS
Applicant PO Box 476
1 David Conkle Wylie,Texas 75098
Blakey Addn#1 PO Box 476
2 Blk A Lot 1 R-9087-OOA-0010-1 David Conkle Wylie,Texas 75098
Blakey Addn#1 PO Box 434
3 Blk A Lot 2 R-9087-OOA-0020-1 Clay Blakey Wylie,Texas 75098
Blakey Addn#2 PO Box 434
4 Blk 1 Lot 2 R-10228-001-0020-I James Blakey Wylie,Texas 75098
Blakey Addn#2 PO Box 476
5 Blk I Lot 3 R-10228-001-0030-1 David Conkle Wylie,Texas 75098
PO Box 449
6 Abst 267 Tract 8 R-6267-000-0089-1 Charlotte Stoeckle Mountville,PA 17554-0449
1502 S. Ballard Avenue
7 Abst 292 Tract 19 R-6292-000-0190-I James Blakey Wylie,Texas 75098
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PUBLIC COMMENT FORM
(Please type or use black ink)
Planning Department
300 Country Club Road
Building 100
Wylie,Texas 75098
XI am FOR the requested variance as explained on the attached public notice for ZBA Case#2013-02.
[am AGAINST the requested variance as explained on the attached public notice for ZBA Case#2013-02.
Date, Location&Time of
Planning&Zoning
Commission meeting: Monday,May 20,2013,7:00 pm
Municipal Complex, 300 Country Club Road, Building 100, Wylie, Texas
Name: 0_, 1y 131_ /qKty
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Address: J 7 b 1 ALA ,1`I 1 S -P 2�
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Signature: ark-4/
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Date: — 3
COMMENTS:
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PUBLIC COMMENT FORM
(Please type or use black ink)
Planning Department
300 Country Club Road
Building 100
Wylie,Texas 75098
I am FOR the requested variance as explained on the attached public notice for ZBA Case#2013-02.
I am AGAINST the requested variance as explained on the attached public notice for ZBA Case#2013-02.
Date, Location&Time of
Planning&Zoning
Commission meeting: Monday,May 20, 2013, 7:00 pm
Municipal Complex,300 Country Club Road, Building 100, Wylie,Texas
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Name: �J
(please print)
P V3 3 0 A LAW s )PT
'o 6 t >x Address:
toycj "rx 75--0 � �
Signature:
Date: S^ ---
COMMENTS:
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