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06-17-2013 (Zoning Board of Adjustment) Agenda Packet Zoningoar o usAd • t men s F 071, 4,:,r 1 c ..,;1/4-1' re ',i - ..„„ - Aiiik ...24_ , Fi - ill li --- ifi r EI � - ! "`SAW JP 1 w... �41k N,, s, «rsi. d,, ov V \*, i „:,"" fit" • E' '" s AiicCOLORAoo -4.T lip 4el'It RAfr Ve (3 1887 . 4.TE OFT ,,' une Regular Business Meeting Wylie Zoning Board of _oirmon Adjustment .4Y61!y%.ryFM1.{yAgan A r'm1dAZ3tAM Q „, .1 ' . „ NOTICE OF MEETING Regular Meeting Agenda Monday, June 17, 2013 — 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.wvlietexas.gov within the required time frame. As a courtesy, the entire Agenda Packet has also been posted on the City of Wylie website: www.wvlietexas.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 May 20, 2013 Meeting. REGULAR AGENDA Public Hearing 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 "Any outside display areas not located on a covered sidewalk must be screened from view of adjacent roadways, public areas and adjacent properties." The property is located at 207 Industrial Court, being Lot 4 of the Railroad Industrial Park Addition.ZBA 2013-03. June 17,2013 Wylie Zoning Board of Adjustment Regular Meeting Agenda Page 2 of 2 2. Hold a public hearing to consider and act upon a request by Jose Pedro Resendiz 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 304 Alanis Drive, being Lot 1, Blk A, Blakey Addition No.2. ZBA 2013-04. ADJOURNMENT CERTIFICATION I certify that this Notice of Meeting was posted on this 14th day of June 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 r Minutes Zoning Board of Adjustment Monday, May 20, 2013 — 7:00 pm Wylie Municipal Complex — Conference Room Second Floor 300 Country Club Road, Building 100 CALL TO ORDER Chair Bill Baumbach called the meeting to order at 7:01 p.m. and stated that a quorum was present. Board Members present were; Board Member Bryan Rogers, Board Member Linda Jourdan, and Board Member Karyn McGinnis. Board Member Jason Potts arriving late. Board Member Kelly Price was late. Staff members present were: Renae' 011ie, Planning Director, Charles Lee, Senior Planner, and Mary Bradley, Administrative Assistant. CONSENT ITEMS 1. Consider and act upon approval of the Minutes of the March 18, 2013 Meeting. A motion was made by Board Member Rogers, and seconded by Board Member McGinnis, to approve the Minutes from the March 18, 2013 Meeting as submitted. Motion carried 4 — 0, with Board Member Potts arriving after the vote. PUBLIC HEARINGS 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. Staff Comments Minutes May 20, 2013 Wylie Zoning Board of Adjustment Page 1 of 3 Mr. Lee stated that the subject property is located at 200 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 feet in height. The applicant is proposing a fence that will be seven and half foot feet 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. The applicant is proposing a wrought iron fence with masonry columns that is a maximum of seven and half foot feet in height. This style would match the existing fences on the surrounding properties, and is compatible with the Zoning Ordinance in every other way. Public comment forms were mailed to three property owners, and two responses were received, both in favor of the request. Board Member McGinnis questioned the size of a fence for properties zoned Agricultural. Mr. Lee responded that unless the land is used for farming, the height requirement of a fence is four feet maximum for front yards. Chairman Baumbach opened the Public Hearing. Mr. David Conkle, 200 Alanis Drive, the applicant for the proposed request, stated that the proposed wrought iron fence will be five feet high in the front and with a wrought iron electronic gate that will be seven and half foot in height. The lot is not a typical size lot. The lot is oversized and the house sets back from the front yard 70 feet. The main concern for the size of the fence is safety for his children. Alanis Drive is heavily traveled and the speed zone is 40 miles per hour. The house faces a major street. The properties further east are more commercial lots than residential. Mr. Conkle stated that the proposed size will be consistent to the adjacent properties, which all have wrought iron fences a minimum of five feet in height. Mr. James Blakey, 1502 S. Ballard, property located at the corner of South Ballard and Alanis, spoke in favor of the request. Mr. Clay Blakey, 100 Alanis, adjacent property owner, spoke in favor of the request. Chairman Baumbach closed the Public Hearing. Board Discussion Minutes May 20, 2013 Wylie Zoning Board of Adjustment Page 2 of 3 Ms. 011ie stated that staff is working on a text amendment to submit to City Council revising the height of fences for larger lots. Board Member McGinnis stated that the request is unique and unique circumstances. Board Member Rogers stated that the size of the fence will be consistent with surrounding properties. Board Action A motion was made by Board Member McGinnis, and seconded by Board Member Potts, to Grant the request for a Variance to Section 3.F.12.a of the Zoning Ordinance to allow a seven and half foot gate/fence to the front of the property in lieu of the required four foot in height front yard fence. This variance is tied to the property located at 200 Alanis Drive, being Lot 1, Block A, of the Blakey Addition No 1. Motion carried 5 — 0. ADJOURNMENT A motion was made by Board Member McGinnis, and seconded by Board Member Rogers, all Board Members were in consensus, and the meeting adjourned at 7:20p.m. Bill Baumbach, Chair ATTEST: Mary Bradley, Secretary Minutes May 20, 2013 Wylie Zoning Board of Adjustment Page 3 of 3 This page is intentionally blank Wylie Zoning Board of Adjustment w.,4w1sa7v; AGENDA REPORT Meeting Date: June 17, 2013 Item Number: 1 Department: Planning Case Number 2013-03 Prepared By: Jasen Haskins Project Location: 207 Industrial Court Railroad Industrial Park Date Prepared: June 10, 2013 Subdivision Name: Addition Location Map,Notification List Exhibits: and Map with Responses Subject 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"Any outside display areas not located on a covered sidewalk must be screened from view of adjacent roadways,public areas and adjacent properties."Property located at 207 Industrial Court, being Lot 4 of the Railroad Industrial Park Addition. ZBA 2013-03. Discussion The subject property is located at 207 Industrial Court. The applicant is requesting 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. This would represent a continuation of a one year variance the Board granted on April 16th, 2012. The time frame was given in order to allow the property owner, Wylie Economic Development Corporation, time to evaluate the status of this and surrounding properties. Superbikes of Dallas owner William Dauria, places several of his products for display on a sidewalk on the east side of the structure. The east side is the rear of the building and faces State Highway 78. Section 5.J.4.e(4) states: "Any outside display areas not located on a covered sidewalk must be screened from view of adjacent roadways,public areas and adjacent properties." Therefore the applicant must either cover the display area with some kind of permanent attached structure or screen the merchandise from view. Screening the merchandise from view defeats the purpose of displaying the product. The applicant and the owner of the building, The Wylie Economic Development Corporation, would prefer to not add the covering as the WEDC, as the owner of several buildings on Industrial, has tentative plans to redevelop the area which may result in the removal of the building at 207 Industrial, among others. The addition of a cover would then be an expense with no return. The purpose of the Ordinance for the outside display of merchandise is to maintain property values by requiring aesthetically pleasing elements to be integrated into all properties engaging in the activity. Public comment forms were mailed to 15 property owners within 200 feet of this request, as required by State Law. At the time of this posting, one (1)response has been received 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 Page 1 of 1 Page 2 of 2 ZBOA 2013-03 (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 (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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LOCATION MAP ZBA CASE #2013-03 NOTIFICATION REPORT APPLICANT: William Dauria APPLICATION FILE 2013-03 6317 Thornbranch Drive Plano,Tx 75093 # BLKJABST LOT/TRACT TAX I.D. # PROPERTY OWNER NAME ADDRESS Applicant 6317 '1'hornbranch Drive 1 William Dauria Plano, Texas 75093 Railroad Industrial 201 Industrial Court#B 2 --- Lot 1 R-1482-000-0010-1 Billy Jarrard Wylie,Texas 75098 Railroad Industrial 250 SH 78 South 3 --- Lot 2R R-1482-000-002R-1 Wylie Industrial Court Development Ltd Wylie,Texas 75098 Railroad Industrial PO Box 1175 4 --- Lot 3R R-1482-000-003R-I Ron Nail Wylie,Texas 75098 Railroad Industrial 250 SH 78 South 5 --- Lot 4 R-1482-000-0040-1 Wylie Economic Development Corporation Wylie,Texas 75098 Railroad Industrial PO Box 1806 6 --- Lot 5 R-1482-000-0050-1 Jacob Glenn Wylie,Texas 75098 Railroad Industrial 250 SH 78 South 7 --- Lot 6 R-1482-000-0060-1 Wylie Economic Development Corporation Wylie,Texas 75098 Railroad Industrial 250 SH 78 South 8 --- Lot 7 R-1482-000-0060-1 Wylie Economic Development Corporation Wylie,Texas 75098 Railroad Industrial 250 SH 78 South 9 --- Lot 8 R-1482-000-0080-1 Wylie Economic Development Corporation Wylie,Texas 75098 Railroad Industrial 1440 E. FM 544 10 --- Lot 9 R-1482-000-0090-1 _ Pulliam Properties LLC Wylie,Texas 75098 Railroad Industrial 1440 E. FM 544 11 --- Lot 10 R-1482-000-0100-1 Pulliam Properties LLC Wylie,Texas 75098 Railroad Industrial 13366 CR 763 12 --- Lot 11 R-1482-000-0110-1 James Joyce Nevada,Texas 75173-6124 250 SH 78 South 13 Abst 820 Tract 33 R-6820-000-0330-1 Wylie Industrial Court Development Ltd , Wylie,Texas 75098 PO Box 959 14 Abst 820 Tract 51 R-6820-000-0510-1 St. Louis Southwestern RR Company Tyler,Texas 75710-0959 PO Box 3067 15 Abst 820 Tract 73 R-6820-000-0730-1 State of Texas Dallas,Texas 75221-3067 Cotton 0l� Uomerstone 2 1 c Belt- Addition 12 200 300 202 / 201 y ✓ � � ✓ / r - ✓rl,. ' �✓ � y✓ - � / g ,� ,� "yam n ✓' l.,^ �- Vii" / ✓ % • ✓ lY ✓ / 30 r s 398 l � o. 501 OWNER NOTIFICATION MAP ZBA CASE #2013 -03 PUBLIC COMMENT FORM (Please type or use black ink) Planning Department 300 Country Club !toad Building 100 Wylie, Texas 75098 I am FOR the requested variance as explained on the attached public notice for ZBA Case #2013-03, I am AGAINST the requested variance as explained on the attached public notice for ZBA Case #2013 -03. Date, Location & Time of Planning & Zoning Commission meeting: Monday, June 17, 2013, 7:00 pm Municipal Complex, 300 Country Club Road, Building 100, Wylie, Texas Name: id , (please print) Address:' �ro N I'.... _ .� .... ... .�.. ........ ......... m� mr„� V"I,. .;""� I�,u r ��°'�. „rot', Signature: .... .. I � �! l .. ......... .... ..... Date: . .1., . COMMENTS: Meeting Date: June 17, 2013 Wylie Zoning Board of Adjustment AGENDA REPORT Item Number: 2 Department: Planning Case Number: 2013 -04 Prepared By: Jasen Haskins Project Location: 304 Alanis Drive Lot 1, Blk 1, Blakey Addition Date Prepared: June 3, 2013 Subdivision Name: No. 2 Location Map, Plot Survey, Photo, Notification List and Exhibits: Map with Responses. Hold a public hearing to consider and act upon a request by Jose Pedro Resendiz 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 304 Alanis Drive, being Lot 1, Blk A, Blakey Addition No.2. ZBA 2013 -04. The subject property is located on Alanis Drive just west of South Ballard. The property is owned and occupied by the applicant, Jose Pedro Resendiz, 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 up to 7.5' high at the gate. 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. The Board approved a nearly identical variance in the same area at the May 20"', 2013 meeting Public comment forms were mailed to three (3) property owners within 200 feet of this request, as required by State Law. All three 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 Pagel of 2 Page 2 of 2 ZBOA 2013 -04 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 (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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" �Sa r, v 'ri✓ ari, 0 i Firf Ir�,r t. �lr w �I rlibl.N� � n m rp/ 2j T r �/rJlrkr, a (A r III°°° Il I I a w _O Q (j LL r— Z "I- 0 i M k—i O N W J !i z 0 V IL EL Q N rn i G N N rn O h Q J fL Q 00 rn O F♦� M1 N A y 00 Q cri rn 00 o 00 0 00 0 00 0 O ,ter, 00 j o LLI7 rl' �' V' •--' rn 0 N N �H060� QF�OtiR 00 00 11J Q z b W W z b ai °� v O P4 P4 W IL O w EL °o °a °O ao ON 00 N O O O 7a5 00 co N N N 40 N cq O N m z-- •r- a— � OWNER NOTIFICATION MAP ZBA CASE #2013 -04 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 #2013-04. I am AGAINST the requested variance as explained on the attached public notice for ZBA Case #2013 -04. Name: �C .�- (please print) Address: 3o K A fam,-3 9M 3L� 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 #2013-04. I am AGAINST the requested variance as explained on the attached public notice for ZBA Case 92013 -04. Planning Commission M Name: Address: Signature: Date: Monday, June 17, 2013, 7:00 pm 1"Aunici)gal Comi2lex, 300 Coun" Club Road, Building, l0Q Wylie, Tex € r � o i LADIVJ t pp 0 ® L 4 �p Ty� I , U i-'� 5 ,, z 1$1' � P r. p 1 t3 3) A �-A 0 k ( p Y q ' 41 ; -S 16) PUBLIC COMMENT FORM (Please type or use black ink) Planning Deparbnent 300 Cl'ounti-y Club Road Building 100 Wylie, Texas 75098 I am FOR the requested valiance as explained oil the attached public nokc Im /BA Case#2013-04. I am ACAINST the requested vaHance as explained on die attached public notice fol- ZBA Case 1 #2013 -04. Date, Location &Time rid 111 mining & Zonino Coillnussion meeting: 30001HISM Name: Address Sigmallfre Monday, June 17, 2013, 7:00 pni Municipal (,'ojziplcx,'300 Country Club Road, Building WO, Wylie, Texas C'%y 1 (1?leasc print) A �a Pet