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06-17-2013 (Zoning Board of Adjustment) Minutes Wylie Zoning Board of Adjustment CITY OF WYLIE Minutes Zoning Board of Adjustment Monday, June 17, 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 7:01 p.m. and stated that a quorum was present. Board Members present were; Board Member Linda Jourdan, Board Member Karyn McGinnis, Board Member Jason Potts and Board Member Kelly Price. Staff members present were: Renee' 011ie, Planning Director, Jasen Haskins, Planner, and Mary Bradley, Administrative Assistant. CONSENT ITEMS 1. Consider and act upon approval of the Minutes of the May 20, 2013 Meeting. A motion was made by Board Member McGinnis, and seconded by Board Member Potts, to approve the Minutes from the May 20, 2013 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 "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. Staff Comments Minutes June 17, 2013 Wylie Zoning Board of Adjustment Page 1 of 3 Mr. Haskins stated that the applicant is Mr. William Dauria, owner of Superbikes of Dallas and the lease of the property located at 207 Industrial Court, which is owned by the WEDC. On April 16, 2012, the Board of Adjustment granted a variance allowing outside merchandise with a stipulation that the requests for one year. The request before the Board tonight, is a continuance of that variance. Section 5.J.4.e(4) of the Zoning Ordinance requires any outside display areas not located on a covered sidewalk must be screen from view of adjacent roadways, public area and adjacent properties. The applicant is requesting a variance to allow motorcycles be parked on gravel on the east side of the rear of the building, facing Highway 78. Screening the merchandise from view defeats the purpose of displaying the product. Property owner, WEDC, has tentative plans to redevelop the area which may result in the removal of the building at 207 Industrial, among others. Public comment forms were mailed to fifteen property owners, as required by State Law. One comment form was returned in favor of the request, and no comments were received in opposition. Chairman Baumbach opened the Public Hearing. Mr. William Dauria, 204 S. Rolling Meadows, owner of Superbikes of Dallas, applicant, stated that the display is for bikes, no parts, only finished ready bikes. When the weather is raining, no bikes are put outside. The displays of the bikes help in business, and are only outside during business hours. Mr. Sam Satterwhite, Director of Wylie Economic Development Corporation, stated that the intention is to redevelop certain properties along Highway 78. There is no time frame as to when the market to be in the right position to redevelop, and increase the taxable value in the area. The WEDC is requesting the variance for one year, to reevaluate the property and to make sure the applicant keeps display accordingly. Chairman Baumbach closed the Public Hearing. Board Action A motion was made by Board Member Jourdan, and seconded by Board Member Price, to Grant the request for a Variance to Section 5.J.4.e(4) of the Zoning Ordinance for one year. Motion carried 5 —0. Minutes June 17, 2013 Wylie Zoning Board of Adjustment Page 2 of 3 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, Block A, Blakey Addition No.2. ZBA 2013-04. Staff Comments Mr. Haskins stated that the applicant is Mr. Jose Pedro Resendiz, and the property is located at 304 Alanis Drive. The applicant is requesting a similar variance to a variance that was granted In May 2013, on a piece of property located at 200 Alanis Drive. The property is at least twice the size of a typical residential lot with a setback of 65 feet compared to a more typical 20-30 feet 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 feet in height. Public comment forms were mailed to three property owners as required by State Law. All three comment forms were returned in favor of the request. Chairman Baumbach opened the Public Hearing. Mr. Jose Pedro Resendiz, 304 Alanis, stated that he is purchasing the property from Mr. Blakey. He desires to put a fence that consistent with 308 Alanis, which is 5 to 6 feet in height wrought iron with masonry columns and a 7.5 feet gate. The four foot requirement is too small for safety of the children, and the road is heavily travelled with speeds up to 40 miles per hour. Mr. Brent Conkle, 200 Alanis Drive, neighbor, spoke in favor of the request, and stated that the fence is consistent with the other neighbors. Mr. Clay Blakey, 100 Alanis Drive, property owner and neighbor, spoke in favor of the request, stating that the wrought iron fence is consistent with the other neighbors. Mr. James Blakey, 1502 S Ballard, neighbor on the corner, spoke in favor of the request, and stated that fence is consistent with the neighbors. Chairman Baumbach closed the Public Hearing. Board Discussion Minutes June 17, 2013 Wylie Zoning Board of Adjustment Page 3 of 3 Chairman Baumbach expressed the concern of changing the requirements from the Zoning Ordinance to a neighborhood. It is the City Council responsibility to change the Zoning Ordinance, not the Board of Adjustment. Ms. 011ie stated that the City Council does have the authority to change the Zoning Ordinance, but the Board of Adjustment has the authority to grant variances. A property owner may seek a variance on a particular piece of property. The process a text amendment, to take to the City Council, is when there are more than one property owners requesting the same type of variance to the Zoning Ordinance. With the subject request and the request from last month, the staff can have City Council consider a text amendment to address estate property for a front fence. Board Action A motion was made by Board Member Price, and seconded by Board Member McGinnis, to Grant the request for a Variance to Section 3F.12.a of the Zoning Ordinance to allow a 7.5 foot wrought iron gate with 6 foot wrought iron fence. Motion carried 4 — 1, with Chairman Baumbach in opposition. ADJOURNMENT A motion was made by Board Member McGinnis, and seconded by Board Member Potts, all Board Members were in consensus, and the meeting adjourned at 7:30p.m. ill Baumbach, air ATTEST: tiAa 3r4Bra -.BA 0,0\Q-C-Lc, y,Secretary Minutes June 17, 2013 Wylie Zoning Board of Adjustment Page 4 of 3