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08-23-2004 (Zoning Board of Adjustment) Agenda Packet AGENDA Zoning Board of Adjustment City Council Chambers, Wylie Municipal Complex 2000 Highway 78 North Wylie, Texas 75098 Monday, August 23, 2004 7:00 p.m. CALL TO ORDER CONSENT AGENDA 1. Consider and act upon approval of the Minutes of the July 26, 2004 Meeting. SWEARING-IN OF SPEAKERS PUBLIC HEARINGS 1. Hold a public hearing to consider and act upon a request by Jose Juan Perez for a variance to Sections 11.3(1)(c) of the 1985 Zoning Ordinance in order to decrease the rear yard setback from the required twenty-five (25) feet to seventeen (17) feet, this property being located at 523 Robinwood Road and being Lot 6 of Block E of the Meadows of Birmingham Phase 2 Addition. (ZBOA Case No. 2004-08) 2. Hold a public hearing to consider and act upon a request by Gary Weberg for an interpretation of and variance to Section 2.5.4.e(3) of the Zoning Ordinance regulating exterior wall material for an accessory building/barn, this property being located at 1740 McMillen Road and being Lot 1-5 of the McMillen Estates Addition. (ZBOA Case No. 2004-09) ELECTION OF OFFICERS `����,,"11iiiii, ,,// oF IA, 1. Hold election for Chair and Vice-Chair of the Zoning B .1.off i4djus'tri ry.. C)r e SEAL aizi deel,A., I--; ''. tfridgust2o, 2004 at 5:6, ,E,sE �4. 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 442-8100 OR TDD AT 442-8170. V d` Zoning Board of Adjustments City of Wylie August 23 , 2004 Regular Business Meeting AGENDA Zoning Board of Adjustment City Council Chambers, Wylie Municipal Complex 2000 Highway 78 North Wylie, Texas 75098 Monday, August 23, 2004 7:00 p.m. CALL TO ORDER CONSENT AGENDA 1. Consider and act upon approval of the Minutes of the July 26, 2004 Meeting. SWEARING-IN OF SPEAKERS PUBLIC HEARINGS 1. Hold a public hearing to consider and act upon a request by Jose Juan Perez for a variance to Sections 11.3(1)(c) of the 1985 Zoning Ordinance in order to decrease the rear yard setback from the required twenty-five (25) feet to seventeen (17) feet, this property being located at 523 Robinwood Road and being Lot 6 of Block E of the Meadows of Birmingham Phase 2 Addition. (ZBOA Case No. 2004-08) 2. Hold a public hearing to consider and act upon a request by Gary Weberg for an interpretation of and variance to Section 2.5.4.e(3) of the Zoning Ordinance regulating exterior wall material for an accessory building/barn, this property being located at 1740 McMillen Road and being Lot 1-5 of the McMillen Estates Addition. (ZBOA Case No. 2004-09) ELECTION OF OFFICERS `����,,"11iiiii, ,,// oF IA, 1. Hold election for Chair and Vice-Chair of the Zoning B .1.off i4djus'tri ry.. C)r e SEAL aizi deel,A., I--; ''. tfridgust2o, 2004 at 5:6, ,E,sE �4. 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 442-8100 OR TDD AT 442-8170. V d` MINUTES Zoning Board of Adjustment City Council Chambers, Wylie Municipal Complex 2000 Highway 78 North Wylie, Texas 75098 Monday, July 26, 2004 7:00 p.m. Notice was posted in time and manner required by law, and a quorum was present. Board Members Present: Staff Members Present: Eric Alexander Claude Thompson Marilyn Herrera Mary Bradley Linda Jourdan Layne LeBaron Wayne Morman Jan Sargent Board Members Absent: Weldon Bullock CALL TO ORDER Chairman LeBaron called the meeting to order at 7:05 p.m. CONSENT AGENDA 1. Consider and act upon approval of the Minutes of the June 14, 2004 Meeting. A motion was made by Mr. Morman, and seconded by Ms. Jourdan, to approve the minutes as submitted. Motion carried 6 — 0. SWEARING IN OF ADJUDICANTS Mary Bradley, Secretary, administered oath. ZBOA Commission Meeting July 26, 2004 Page 2 of 6 PUBLIC HEARING 1. Hold a public hearing to consider and act upon a request by Bret Jacks for a variance to Section 7.B.I.e.1 and 8.D of the 1962 Zoning Ordinance in order to decrease the front yard setback from the required twenty-five (25) feet to four and eight-tenths (4.8) feet, this property being located at 441 and 443 South Fourth Street and being Lot 1 of Block A of the Trails Addition. (ZBOA Case No. 2004-05). Thompson stated that the subject property was created in 1962 with the platting of the Trails Addition, a subdivision of duplexes and town homes. The property is occupied by a duplex, which is owned by the applicant. The applicant desires to construct a carport to cover the two concrete access drives and parking courts in the front yard, in order to provide protection for passenger vehicles which are now too large to fit in the garages. The existing garages will remain available for parking or storage. The carport will be a flat-roofed, metal structure, painted to match the dwelling. It will be attached to the duplex and anchored to the existing concrete drives. It will be 40 feet wide to serve both garages with at least one covered space. The carport will extend 20 feet from the duplex wall toward the street, and end 4.8 feet from the front property line. This is a variance of 20.2 feet or 80.8 percent from the required 25 feet setback. Public Comment Forms were mailed to thirty-eight (38) properties within 200 feet. Eleven responses were received, eight favoring and three opposing the request. The subject duplex is constructed on a single lot, and the applicant owns the entire lot and both dwellings of the duplex. The applicant lives on one side of the duplex and rents the other side, and therefore largely controls the common drive and parking. South Fourth Street is a dead-end street, and the subject lot is the last residence at the terminus of the street. The subject lot is one of only three which fronts on to Fourth Street without alley access. The proposed carport will not impair visibility of traffic along the street nor of residences of the subject property accessing it. Chairman LeBaron opened the Public Hearing. ZBOA Commission Meeting July 26, 2004 Page 3 of 6 Mr. Bret Jacks, 441 South Fourth Street, represented the homeowner of the subject property, and stated that he owns oversized vehicles which can not be parked inside the existing garage, and a carport is desired to protect them from weather damage. Mr. Jacks stated that the basketball goal currently in front of his garage will be removed before the carport is installed. Thompson stated that the carport will resemble the same carport that was approved by the Board in September 2003 which is located on Second Street, with the exception that the color will match Mr. Jacks house. Chairman LeBaron closed the Public Hearing. A motion was made by Mr. Morman, and seconded by Ms. Sargent, to GRANT the variance of Sections 7.B.I.e.1 and 8.D of the 1962 Zoning Ordinance to reduce the front yard from the required 25 feet to 4.8 feet. Motion carried 6 — 0. 2. Hold a public hearing to consider and act upon a request by Mark Rumenapp for a variance to Sections 7.B.IV.e.1 and 3 of the 1962 Zoning Ordinance in order to decrease the rear yard setback from the required twenty-five (25) feet to eighteen (18) feet, seven inches (18 ft. 7 in.) and to decrease the side yard setback from the required six (6) feet to one (1) foot, this property being located at 702 Stoneybrook Drive and being Lot 2 of Block 1 of the Westwind Meadows No. 3 Addition. (ZBOA Case No. 2004-06). Thompson stated that the subject property was created in 1984 with the platting of the third and final phase of the Westwind Meadows Addition, a single-family residential subdivision. The subdivision was platted and developed in accordance to regulations of the 1962 Zoning Ordinance. The subject lot totals actually 7,616 square feet, and is occupied by a single-family dwelling. The residence has an attached two-car garage with entry from the rear alley by a concrete access drive which is approximately 30 feet wide. The garage is constructed approximately 44 feet from the rear property line. The applicant desires to construct a carport over the drive in order to provide protection for his oversized passenger vehicles which cannot fit into the garage. The existing garage will remain available for some parking or storage. The proposed carport will be a flat-roofed, metal structure supported by metal posts. The 1962 Ordinance required a rear yard setback of twenty-five (25) feet and a side yard setback of six (6) feet (or 10% of the lot width). The carport will be attached to the rear of the house and will be 28 feet 10 I/2 inches wide (nearly as wide as the existing drive). The carport will be 24 feet long or extend to approximately 18 feet 7 inches from the rear property line, and 1 foot 3 inches from the side property line. ZBOA Commission Meeting July 26, 2004 Page 4 of 6 Public Comment Forms were mailed to eighteen property owners within 200 feet of the request. Four responses were received, all in favor of the request. The area across the alley from the subject property is occupied by a floodplain and several major utility easements which cannot be developed, and the property across that area is already developed as heavy commercial uses (fronting Martinez Lane). Therefore, the carport will not be visible from any public street or other residential property. Chairman LeBaron opened the Public Hearing. Mark Rumenapp, 702 Stoneybrook, represented the homeowner of the subject property, and stated that a boat is parked in the garage, and the four family vehicles must be parked outside the garage. The concrete slab for the carport will be on the side of the existing drive with one foot overhang. Chairman LeBaron closed the Public Hearing. A motion was made by Mr. Alexander, and seconded by Mr. Morman, to GRANT the variance of Sections 7.B.IV.e.1 and 3 of the 1962 Zoning Ordinance to reduce the rear yard from the required 25 feet to 18 feet seven (7) inches and reduce the side yard from the required 6 feet to 1 foot. Motion carried 6 — 0. 3. Hold a public hearing to consider and act upon a request by Hai Nguyen of Palatium Homes for a variance to Section 3.3.B of the current 2002 Zoning Ordinance in order to decrease the rear yard setback from the required twenty-five (25) feet to fifteen (15) feet, this property being located at 276 Wyndham Meadows Way and being Lot 19B of Block A of the Wyndham Meadows Addition. (ZBOA Case No. 2004-07). Thompson stated that the subject property was created in September of 2003 with the platting of the Wyndham Meadows Addition, a subdivision of attached townhouse and duplex residences. Duplexes are platted with each individual dwelling on a separate lot, and the subject lot is the left-side/westerly of a two-lot combination. The subject lot is of a triangular/pie-shaped configuration, and is approximately 4,993 square feet in size. The subject development will construct a townhouse dwelling within a Multi-Family District and it is not clear which regulations the subject property must comply. The Multi-Family District requires a rear yard setback of 20 feet from interior property lines, and townhouses require rear yard setbacks of 25 feet. ZBOA Commission Meeting July 26, 2004 Page 5 of 6 Alleys were required within all residential subdivisions, and the Wyndham Meadows development connected to and extended an existing alley provided with the older Wyndham Estates Addition to the north. This alley provides potential access to rear garages, although rear access is not required. The alley extends around the rear of the curved lot, forcing the straight lines of the dwelling to be fit within a curved setback line. The Zoning Ordinance requires attached single-family dwellings to provide two parking spaces, one of which must be enclosed and behind the front property line. The attached garage must comply with the rear yard setback of twenty-five (25) feet for a townhouse dwelling or 20 feet for the Multi-Family District. The duplex/garage will be constructed 16 feet 9 inches from the rear property line and alley, encroaching into the rear yard a distance of at least 9 feet 3 inches. The applicant is requesting a variance to the rear yard to 15 feet to allow sufficient space for construction and roof overhang. Public Comment Forms were mailed to twenty-three (23) properties. Two responses were received, both opposing the request. Chairman LeBaron opened the Public Hearing. Hai Nguyen, Palatium Homes, Plano, Texas, represented the home builder, and stated that the alley behind the property turns northwest forcing a narrow setback on the subject property. Because of utility easement across the front southwest corner of the lot, the dwelling must be set further toward the rear of the lot. Mr. Nguyen explained that although most of the dwelling will comply with the required twenty-five (25) feet, the northwest corner of the rear house will be a setback sixteen (16) feet nine (9) inches. The alley will not be extended south past the subject property due to the major power lines and easement, so will be used only by the subject lot. A motion was made by Ms. Sargent, and seconded by Mr. Morman, to GRANT the variance to Section 3.3.B of the current 2002 Zoning Ordinance in order to decrease the rear yard setback from the required twenty-five (25) feet to fifteen (15) feet. Motion carried 6 — 0. MISCELLANEOUS 1. Thompson distributed and reviewed hand-out information from the City Attorney regarding open records and meetings. Board members are encouraged to visit the site of the variance requests, but we warned that request can not be discussed by more than three Board Members without that discussion being legally posted. 2. Thompson announced that the new City Manager, Mark Roath, will start on August 30, 2004, and new Assistant Planner, Renae 011ie, will start August 16, 2004. ZBOA Commission Meeting July 26, 2004 Page 6 of 6 ADJOURNMENT With no further business to discuss, a motion was made by Ms. Sargent, and seconded by Ms. Jourdan, to adjourn the meeting at 8:30PM. Layne LeBaron, Chairman Mary Bradley, Secretary 1 of I U of*lie Public Hearing Item No. 1 ZBOA No. 2004-08 Zoning Board of Adjustment Public Hearing: August 23, 2004 Owner/Applicant: Jose Juan Perez Location: 523 Robinwood Road, being Lot 6, Block E of the Meadows of Birmingham Phase 2 Addition Request: Variance of Section 11.3(1)(c) of the 1985 Zoning Ordinance to reduce the rear yard from the required 25 feet to 17 feet Background: The subject property was created in April of 2003 with the platting of Phase 2 of the Meadows of Birmingham Addition. The property was developed according to the regulations of the Single Family-3 (SF-3) Residential District of the 1985 Zoning Ordinance, although it is now zoned Single Family 8.5/17. The required rear yard setback is twenty-five (25) feet. The subject lot backs in to the southeast corner of the intersection of Westgate Way and Ann Drive. The rear yard measures approximately 29 feet deep and 94.8 feet long totaling 2,560 square feet, of which approximately 550 square feet is dedicated to the visibility triangle of the streets and is outside the usable fenced yard. The west and north sides of the fence enclosing this yard are links of the common perimeter wall/fence for the subdivision, and a five (5) wide maintenance easement of limited private use runs along the private side of the fence. The eastern side of the subject rear yard is enclosed by the wall of the house and private fences. (The temporary construction easement noted on the site plan once occupied the entire rear yard, but is no longer applicable now that construction of the Westgate Way and the common screen wall have been completed.) ZBOA 2004-08 The rear exit of the subject residence is by an 8 feet wide sliding-glass door, opening on to a stoop/porch which measures 10 feet by 8 feet. This door faces west and receives the maximum exposure of the afternoon sun. The applicant desires to construct a shade covering over this rear porch to provide shade to the wall and opening. This covering is to be attached to the rear wall of the residence and extend into the rear yard a distance of 10 feet. The covering will, therefore be 17 feet from the rear property line, extending 8 feet into the required rear yard or a variance of 32 percent from the required setback. Public Comment Forms were mailed to owners of twenty-six (26) properties within 200 feet of this request, as required by State Law. No Comment Forms had been submitted at the time of this posting. Section 8.3 of the Zoning Ordinance provides that the Zoning Board of Adjustment may permit a variance to the requirements of the Zoning Ordinance if the variance is not contrary to the public interest and, due to special conditions of the site, a literal enforcement of the ordinance would result in unnecessary hardship, and so that the spirit of the Ordinance is observed and substantial justice is done. The Board may impose any reasonable conditions on the issuance of a variance and may amend the variance from that requested. The concurring vote of 75 percent of the members of the Board shall be necessary to reverse any order, requirement, decision or determination of any administrative official, or to decide in favor of the applicant to effect any variance in the Ordinance. This section further states that in order to grant a variance to the Ordinance, the Board shall find that all of the following have been satisfied: 1. That there are unique physical circumstances or conditions of the lot, or other exceptional physical conditions particular to the affected property; 2. That because of these unique and exceptional circumstances, the property cannot be reasonably developed or used in compliance with the provisions of the Zoning Ordinance; 3. That due to such unique and exceptional circumstances, the strict application of the Ordinance would create a demonstrated hardship (convenience, profit or caprice shall not constitute undue hardship); 4. That the demonstrated 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 Ordinance; and 8. That the variance, if granted, will not adversely affect the health, safety or welfare of the citizens of Wylie. ZBOA 2004-08 Considerations: 1. The rear wall of the residence, including the rear door, faces due west and receives the maximum exposure of the afternoon sun. This radiant heat transfers into the house, increasing the amount of energy and cost required for cooling. The proposed rear porch covering will shade the wall and opening and significantly reduce this heat load and the energy required to address it. Energy conservation is a stated goal of the Zoning Ordinance, and the proposed porch covering assists in achieving this goal. 2. The existing uncovered porch extends from the rear wall of the residence a distance of eight feet, and the proposed 10 feet width of the covering is a minimal measurement to cover the porch are. Although the residence was constructed 27 feet from the rear property line rather than the required 25 feet, this distance does not allow sufficient space for the desired covering within the allowed building pad, and thus in this case creates a hardship. There are no design or construction alternatives to the request which can comply with the required setback, as other methods of covering the porch will require similar dimensions. 3. The platted configuration of this rear yard, especially the shared uses for street visibility triangle and common wall easement, reduce the useable private space, of the rear yard setback which does not align easily with the normally straight walls of dwellings, and in this case creates the hardship. The land within the variance area will be largely utilized for the garage and drive from the alley, but the remaining rear yard conforms to the 25 feet setback and provides sufficient space for recreation and other activities. 4. Westgate Way and Ann are both collector streets designed to carry increased traffic, and this major intersection is also the center of the several Birmingham residential neighborhoods. The proposed porch cover will be visible from the intersection, although partially screened by the fence. 5. There are no other known rear yard variances within the immediate area of this relative new construction. 6. The requested variance is eight (8) feet or thirty-two (32) percent of the required 25 feet rear yard depth. 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Z •�- 372 1,cnas: v9s \ R=50.00' 01 j \ \ `• Arc=134.07' I 'l '� Y \ r- *'1: • Chd.S15'38'14"W ok 0.9 97 • s1�.r s�os:Ii,Rori \ :` 97.36 988 Adj wd.fnc. 96.6 NH o N87'32'54"W 132.79' 1/2"IRF "". a .n i O LOT5 • I o i all Public Hearing Item No. 1 ZBOA Case No. 2004-08 523 Robinwood _ Jl N f _ f r a' View of existing patio that faces west Public Hearing Item No. 1 ZBOA Case No. 2004-08 523 Robinwood -171 • • View of rear yard looking south Public Hearing Item No. 1 ZBOA Case No. 2004-08 523 Robinwood K: i. View of rear yard located at 523 Robinwood Road from intersection of Westgate Way and Ann Drive NOTIFICATION REPORT , APPLICANT: Jose Juan Perez APPLICATION FILE ZBA#2004-08 523 Robinwood Road Wylie, Texas 75098 # BLK/ABST LOT/TRACT TAX I.D. # PROPERTY OWNER NAME ADDRESS Applicant 523 Robinwood RooJ 1 Jose Juan Perez Wylie, Texas 75098 Birmingham Farms 2A 600 Pickwick Lane 2 Blk J Lot 38 _ R-5122-00J-0380-1 Sheila Taggart Wylie, Texas 75098 Birmingham Farms 2A Centex Homes P/S 2800 Surveyor Blvd. Bldg.1 3 Blk J Lot 39 _ R-5122-00J-0390-1 Homeowners Association Carrollton, Texas 75006-5144 Birmingham Farms 2A 2800 Surveyor Blvd. Bldg.1 4 13lk Q Lot 35 R-5122-00Q-0350-1 Centex Homes P/S Carrollton, Texas 75006-5144 Birmingham Farms 2A Centex Homes P/S 2800 Surveyor Blvd. Bldg.1 5 Blk Q Lot 36 R-5122-00Q-0360-1 Homeowners Association Carrollton, Texas 75006-5144 Meadows of B'minham 2 709 Chelsea Drive 6 Blk A I Lot 26 I R-8196-00A-0260-1 Loretta Turner Wylie, Texas 75098 Meadows of B'minham 2 711 Chelsea Drive 7 Blk A I Lot 27 I R-8196-00A-0270-1 James Etchieson Wylie, Texas 75098 Meadows of B'minham 2 713 Chelsea Drive 8 Blk A I Lot 28 I R-8196-00A-0280-1 Matthew Charlson Wylie, Texas 75098 Meadows of B'minham 2 17855 Dallas Parkway #200 9 Blk A I Lot 29 I R-8196-00A-0290-1 RH of Texas LP Dallas, Texas 75287-6857 Meadows of B'minham 2 17855 Dallas Parkway #200 10 BIk A I Lot 30 I R-8196-00A-0300-1 RH of Texas LP Dallas, Texas 75287-6857 Meadows of B'minham 2 719 Chelsea Drive 11 BIk A I Lot 31 I R-8196-00A-0310-1 Angela Senter Wylie, Texas 75098 Meadows of B'minham 2 721 Chelsea Drive 12 Blk A I Lot 32 I R-8196-00A-0320-1 Jose Brionese Wylie, Texas 75098 Meadows of B'minham 2 17855 Dallas Parkway #200 13 Blk E I Lot 2 I R-8196-00E-0020-1 RH of Texas LP Dallas, Texas 75287-6857 Meadows of B'minham 2 517 Robinwood Road 14 Blk E ( Lot 3 I R-8196-00E-0030-1 Abigayle Randle Wylie, Texas 75098 Meadows of B'minham 2 519 Robinwood Road 15 Blk E I Lot 4 I R-8196-00E-0040-1 James Polvadore Wylie, Texas 75098 Meadows of B'minham 2 521 Robinwood Road 16 BIk E I Lot 5 I R-8196-00E-0050-1 Lisa Garza Wylie, Texas 75098 Meadows of B'minham 2 17855 Dallas Parkway #200 17 Blk E I Lot 6 I R-8196-00E-0060-1 RH of Texas LP Dallas, Texas 75287-6857 Meadows of B'minham 2 522 Robinwood Road 18 Blk E I Lot 7 I R-8196-00E-0070-1 Jeffrey Cox Wylie, Texas 75098 Meadows of B'minham 2 520 Robinwood Road 19 Blk E I Lot 8 I R-8196-00E-0080-1 Joshua Harbison Wylie, Texas 75098 Meadows of B'minham 2 518 Robinwood Road 20 Blk E I Lot 9 I R-8196-00E-0090-1 Loretta Hubbard Wylie, Texas 75098 Meadows of B'minham 2 516 Robinwood Road 21 Blk E I Lot 10 I R-8196-00E-0100-1 Gail Rubin Wylie, Texas 75098 Meadows of B'minham 2 514 Robinwood Road 22 Blk E I Lot 11 I R-8196-00E-0110-1 Michael Gassiott Wylie, Texas 75098 Meadows of B'minham 2 509 Brighton Court 23 Blk E I Lot 21 I R-8196-00E-0210-1 Mark Thursby Wylie, Texas 75098 Meadows of B'minham 2 511 Brighton Court 24 Blk E I Lot 22 I R-8196-00E-0220-1 Kristeen Gilbert Wylie, Texas 75098 Meadows of B'minham 2 513 Brighton Court 25 Blk E I Lot 23 I R-8196-00E-0230-1 Judy Mock Wylie, Texas 75098 Meadows of B'minham 2 515 Brighton Court 26 Blk E Lot 24 R-8196-00E-0240-1 Shane Ownes Wylie, Texas 75098 27 28 29 30 31 32 33 34 35 36 37 34 35 1 2 3 4 5 6 7 36 • e� 0...,37 2A M �rh �-v M b ; m � � � siY£ .-..„. we rP S -, w �s5Ti � y�n%i T r 4, 4 ' � � : �F ' r lk � -a,,,,,-7-.'"::::::.:: �v � a ' t.:::::6:,;:.::: , fi ,r � - .# �? 4- ,, , s f � 4„! 262f, er x � F + �� � � x .,� is .• :,''..,'Sr 1, x1, ,, W.�X44.'K A'a ! 15 }'!Y'.1 r'1.5i '.r'.•` ,'`TMz 4 Y.r r y .. ..,i� 1 y~� ". �,4C,:.3 ', E ."% "' I.aF <5"5 -;e5"b "k-`„k,�" .f.; aj'#kv .`�d z.; p4. s '^, w _ rtx i �s a £� - M+ ' ter "L 4( a , +� i f# t` 'eT, sall y t 4'�nfx�4 i$ .�."�3. iA�,-+L'- l �` �" .k 'x-1.� ,lk sp• 4 Drive 4 .,,_ '.':.gt, x•1,-,, - a fi e.. 3n-S ,Tc, „ :"tie,'..' r"`S-' '.i „.„,,,,,,, „„:„:„.„,......,.,,,..„,„.„, ,, e x t�} s ` t .:,-::.1.-:,,,.., �./AE' k x.+ Tr . n'l ry -t 24 / .,..„..„. 35 �� x Tz ka S, v 4 r 2c'1 ; k ity rt @S F r.3.A". 'fir "e. q ".f ""- '6iZ , y �� 7t`' x 4 rti;, 1 s ' ',y F L `l.` �i' -'kr rf ^' . 5� � F w- 4�v` "x'`r,^ 2 3 _,, ,,,,,, ,,„,, ,,_,,,,,, ,'N '74;-1, ...,,, ..4''''^.:-,,"''''', '' '''''',' ',..,, ...14 .:,,,,V4V 4'14'''14.+•'.3. "' '-',..' ' '...- k • r - ,A-� a k z e� , t ., 7 41114 T ^ c Z 3 7." a t+' 3 4'� '"•b .- m ' `" `3 . ® T r`z4 4-7y T . 21 sa i s t a1 B •, ,<,,�\ 2 IP UNA 20 1 1 \ lA 20 IliPlr 1B \ A \ 14 KTI \o' , 5 /� �� ZBA CASE #2004-08 41 -CRY-OfW', ie Public Hearing Item No. 2 ZBOA No. 2004-09 Zoning Board of Adjustment Public Hearing: August 23, 2004 Owner/Applicant: Gary Weberg Location: 1740 McMillen Road, being Lot 1-5 of the McMillen Estates Addition Request: Interpretation of and variance to Section 2.5.4e(3) of the Zoning Ordinance regulating the exterior wall materials of accessory buildings Background: The subject property was initially created in 1993 by platting of McMillen Farms, which was later renamed by replat to the McMillen Estates Addition. This is a subdivision of rural estate lots and farms, and the subject lot is 2.18 acres in size. The house was constructed with garage of 616 square feet attached to the main residence with a common-roof breezeway. Both the residence and garage have brick siding. A wood- siding storage shed of 288 square feet has been erected in the rear yard. The applicant now desires to construct a barn (accessory building) in the rear yard of the subject lot, and is seeking clarity of the regulations and a variance if necessary to construct the structure to 2,000 square feet with exterior walls of synthetic stucco siding (Hardiplank). Specifically in question are the allowed number of buildings and their cumulative size as well as the required materials for exterior walls. The 1985 Zoning Ordinance, under which the subject property was platted and developed, allowed such agricultural estates with lots in excess of one acre within the Agriculture (A) District. However, the McMillen Farms subdivision was zoned as Single-Family Residential (SF-1), for lots of 10,000 square feet and larger. This zoning classification was converted to Single Family-10 (SF-10) Residential District with the City-wide revision of the Zoning Ordinance and Map in November of 2001. ZBOA 2004-09 Accessory buildings have historically been controlled by the City of Wylie Zoning codes. The 1985 Ordinance, under which the property was platted and developed, limited accessory buildings within all zoning districts to 600 square feet and 15 feet in height, but did not establish regulations for the allowed number of buildings nor for the type of building materials. In 1999, expressly to provide for larger accessory buildings on such larger rural lots, the size was raised to 2,000 square feet on lots of two acres or larger, but building materials were still unregulated. The size of accessory buildings on lots larger than 2 acres was again changed in 2000 to allow the cumulative size of all such building on single lots to be the greater of 4,000 square feet or 5 percent of the lot. Lots smaller than 2 acres were allowed accessory buildings totaling the greater of 4,000 square feet or 10 percent of the lot, and a number of larger accessory buildings were constructed throughout the smaller-lot residential neighborhoods. In September of 2003, intentionally to limit the increasing size of accessory buildings within residential neighborhoods but still allow larger buildings on rural lots, the Zoning Ordinance was amended to allow accessory buildings located on lots of 2 acres or larger to be have a cumulative size of up to 3,000 square feet. This amendment also established that not more than two (2) such buildings can be placed on residential lots except those zoned Agriculture (AG), and that accessory buildings in excess of 300 square feet are required to be constructed with exterior walls composed of the same masonry content required of the main structure (except for barns and stables on property zoned Agriculture). The residence is 100 percent masonry, although the applicable code when it was constructed required only 75 percent masonry. The Building Official has ruled that, since the lot is zoned Single Family-10 Residential rather than Agriculture, these current regulations apply: 1. no more than 2 accessory buildings are allowed, compared to the 3 (detached garage, existing storage shed and requested barn) requested by the applicant; and 2. exterior wall materials must be the same masonry content required of the main residence (75% masonry). The applicant argues that: 1. the garage was constructed as an attached portion of the residence and should not be counted as a separate accessory building, and the future barn is therefore only the second accessory building and should be allowed; and 2. the size of the lot complies with the Agriculture District, although it is zoned Residential, and the lot and future barn are agriculture in function and character, and should be exempted from the masonry wall requirement. Public Comment Forms were mailed as required by State Law to owners of ten (10) properties within 200 feet of this request. One response had been submitted at the time of this posting, supporting the requested interpretation and variance. ZBOA 2004-09 Section 8.4 of the Zoning Ordinance provides that the Zoning Board of Adjustment may permit a variance to the requirements of the Zoning Ordinance if the variance is not contrary to the public interest and, due to special conditions of the site, a literal enforcement of the ordinance would result in unnecessary hardship, and so that the spirit of the Ordinance is observed and substantial justice is done. The Board may impose any reasonable conditions on the issuance of a variance and may amend the variance from that requested. The concurring vote of 75 percent of the members of the Board shall be necessary to reverse any order, requirement, decision or determination of any administrative official, or to decide in favor of the applicant to effect any variance in the Ordinance. This section further states that in order to grant a variance to the Ordinance, the Board shall find that all of the following have been satisfied: 1. That there are unique physical circumstances or conditions of the lot, or other exceptional physical conditions particular to the affected property; 2. That because of these unique and exceptional circumstances, the property cannot be reasonably developed or used in compliance with the provisions of the Zoning Ordinance; 3. That due to such unique and exceptional circumstances, the strict application of the Ordinance would create a demonstrated hardship (convenience, profit or caprice shall not constitute undue hardship); 4. That the demonstrated 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 Ordinance; and 8. That the variance, if granted, will not adversely affect the health, safety or welfare of the citizens of Wylie. Section 8.4 also provides that the Board shall decide appeals of denial of building permits and interpretations of the development code. The applicant is specifically requesting that the Board rule on the following: 1. that the garage be defined as being attached and part of the residence rather than detached and counted as an accessory building, thereby allowing the construction of the barn as an additional accessory building; and 2. that the lot be defined as Agriculture (based on its 2-acre size) rather than as Residential (based on its zoning), and thereby allow the exception of Section 2.5.4.e(3) that barns be exempted from the masonry requirement for exterior walls; or 3. that, failing the above interpretations, variances be granted to allow the barn as a third accessory building and synthetic siding rather than masonry. ZBOA 2004-09 Considerations: 1. In zoning, Agriculture is normally a temporary holding district applied until appropriate urban uses can be determined. Both the previous and current Zoning Ordinances define Agriculture as requiring a minimum lot size of one (1) acre or larger. The subject lot is 2.1808 acres in size. 2. All lots within the McMillen Farms Estates Addition, including the subject lot, exceed one acre in size (the threshold for defining as Agriculture). This property could have been legally platted and developed within the Agriculture District, as was lot 10 of the Addition on its western end and the neighboring Lake Ranch Estates, and as such would allow by right the interpretation requested by the applicant (more than two accessory buildings and the exemption from the masonry requirement). Why the area was zoned Residential rather than left as Agriculture is not currently known. 3. The garage was constructed as part of the house, and is attached by a common roof over both. However, the house has a fully-built-in garage, and the detached garage (so defined by the Building Official) is used more for storage and functions other than parking of vehicles. 4. Based on a visual survey, there are no lots in the vicinity on which are located three more than two accessory buildings, as limited by the current code. 5. Other existing accessory buildings in the vicinity which have metal or wood siding, differing from the masonry walls of their residences. 6. The proposed barn will be located in the rear yard. It will be visible from McMillen Road, being screened by the residence, but will likely be visible from Country Club Road (F.M. 1378). 7. With the proposed barn, the cumulative size of accessory buildings on subject lot will total 2,904 square feet. The current Zoning Ordinance allows 3,000 square feet of accessory buildings to be located on lots two (2) acres or more in size as is the subject lot. 8. As proposed, the barn will comply with all other regulations of the City of Wylie. 9. When the current Zoning Ordinance and Map were adopted in 2001, it was the philosophy that the allowed uses and development requirements remain as similar as the were in place by the previous Ordinance, and zoning classifications were merely converted to the new Districts. Therefore, the Single-Family 1 Residential classification of the existing lot was not questioned but merely converted to the nearest new classification of Single Family-10. ZBOA 2004-09 10.The Board may approve the variance, deny the variance or approve a substitute variance less that than requested. Attachments: Location Map Site Photographs Site Plan Indicating Location of the Accessory Building Drawings of the proposed Accessory Building Zoning Ordinance Requirements for Accessory Buildings Notification List and Map, with Responses _I , ... III11 _. _,,.... ....._ IIIIIII_ ,.. I.2. 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"-----West Brown Sim01 illE V _ __/ / i �— I y / LOCATION MAP ZBA CASE #2004-09 Public Hearing Item No. 2 ZBOA CASE NO. 2004-09 1740 McMillen Road 444 • View of subject property -with storage shed behind residential dwelling Public Hearing Item No. 2 ZBOA CASE NO. 2004-09 1740 McMillen Road View of existing garage attached to main residence with a common-roof breezeway Public Hearing Item No. 2 ZBOA CASE NO. 2004-09 1740 McMillen Road &tom ti r ..: r .. View of rear yard showing existing storage shed on subject property and barn on adjacent property to the east. Proposed barn will be located roughly near the center of photo i HO 4o1-7- ao XSO c6 !ts:5" ,2,Dot 0 x c. a 3, NEW BARN O • fr 1'`2. shED 1 r' ;le _________________________ _ . _ .._ . _ ._.. _ . 1, 67,e.aic .- 621 lc r; 2. 51dY e z 8e5 P3 . 3. ec o &ril =2,cr110 i 0 c '• 2, g04 0 a . . , ....• • 1. , ,..___ . ,I � ,% flY ,4, ••\ w . 4. 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[....,. .V.i&Z-r-L9 -' I .1 al-7- c?- il I EHN „. 1-1-v- 1,-.7,t2F7e-P.viel N 1 t7)47/7(-- . > < ' ' ',,12 ?1. ,t?<- -----c-N-N--„,-, . ,c%, ., , c c 7 Zoning Ordinance SECTION 2.5 REGULATIONS APPLICABLE TO ALL DISTRICTS The following regulations shall apply to all zoning districts in this ordinance, as amended: 1. No land or building shall be used nor intended for any use other than those uses permitted in the district where the land or building is located. 2. No building shall be erected, reconstructed,enlarged, structurally altered, or moved in such a manner as to evade conformity with height,bulk, lot area,use and other regulations for the district where the building is located. 3. No yard provided adjacent to a building for the purpose of complying with provisions of this Zoning Ordinance, as amended, shall be considered as providing any part of a yard for another building on the same lot or on an adjacent lot. )1(4. Accessory Buildings a. Attached accessory buildings shall conform to the regulations applicable to the main building to which they are attached. b. Detached accessory buildings shall be subject to all of the following regulations, in addition to any other applicable regulations of this chapter. `/ Except in the Agricultural(AG/28,)District, not more than two(2)accessory buildings may be I' placed on any residential lot. The combined floor area of all accessory buildings shall not exceed six hundred(600) square feet or twenty five(25)percent of the primary structure, whichever is less. In no case shall the combined area of the primary structure and accessory building(s)exceed the maximum percentage of lot coverage allowed for the zoning district on which the structures are placed. Exception 1: Accessory buildings located on lots that are between one(1)and two(2)acres in size shall not exceed one thousand(1,000) square feet. Exception 2: Accessory buildings located on lots that are two(2)acres or more in size shall V not exceed three thousand(3,000)square feet. Barns and Stables: In the Agricultural(AG/28)zoning districts,barns and/or stables directly associated with the support of a bonafide rivate agricultural use of the property shall be limited in area to that allowed by the building c e for their use and construction type,but in no case shall the combined floor area of the primary use and all accessory buildings exceed the maximum percentage of lot coverage allowed for in the Agricultural (AG/28)zoning district. Said barns and/or stables shall not be located within fifty(50 fe of anv nropertvAxle. Commercial equestrian or rodeo arenas whether enc osed, partially enclosed, or open air shall require a Specific Use Permit as provided in section 5.4"Special Use Permits"of this ordinance. c. Setback Requirements: No accessory building shall be located within any easement. • (1) Front -Accessory buildings shall not be located closer to the front property line than the main building or the front yard setback requirement for that zoning district,whichever is greater. Page 12 ARTICLE 2—DISTRICTS&ZONING DISTRICT MAP Adopted November 2001 Amended September 2003 Zoning Ordinance (2) Side: (a) Five(5)feet when the accessory building is located behind the main building. When the accessory building is located in the side yard,the side yard setback for the accessory building will be the same as the setback for the main building. (b) Accessory buildings shall not extend beyond a platted front, side or rear building line adjacent to a street. If no building line exists adjacent to a street on an approved plat, the building shall not be located closer than ten(10)feet from the side property line. (3) Rear: (a) Ten(10)feet if the rear property line is adjacent to a street right-of-way. (b) In situations other than those contained in c. 3. above,the rear setback is five(5)feet. Exception:When the accessory building is a garage with rear access,the rear setback shall be a minimum of twenty(20)feet from the property line. (4) Other Structures -Accessory buildings shall not be located within five(5)feet of any other structure. Exception: Carports. d. Roof: (1) The minimum roof slope for all accessory buildings shall be 3:12. Exception: When the accessory building is a metal building or carport. (2) The color and materials of the roof of the accessory building must closely resemble the color and materials of the roof of the main building. Exception: When the accessory building is a metal building,the roof material is not required to closely resemble the roof material of the main building. e. Exterior Walls: (1) Accessory buildings one hundred twenty(120) square feet and less in area are required to be constructed with exterior walls composed of metal with a baked-on enamel finish, composite masonry facade or the same masonry content required of the main structure. (2) Accessory buildings larger than one hundred twenty(120)square feet but less than three hundred(300)square feet in area are required to be constructed with exterior walls composed of composite masonry facade material or the same masonry content required of the main structure. /(3) Accessory buildings over threeluandred(300) square feet in area are required to be constructed with exterior walls composed of the same masonry'content required of the, main structure. The masonry used on the accessory building shall closely resemble the masonry used in the main building. / Exception: Barns and stables located on prope zoned gricultural(AG/28)are exempt from the masonry requirement for exte ls. Adopted November 2001 ARTICLE 2—DISTRICTS&ZONING DISTRICT MAP Page 13 Amended September 2003 lie Zoning Ordinance f. Height: Accessory buildings shall be limited to a height of not more than fourteen(14)feet to the top of the roof. Exception: In the Agricultural (AG/28)zoning district, accessory buildings shall be limited to a height of not more than twenty(20)feet to the top of the roof. 5. Building Encroachment into Required Yards a. Minimum Front Yard Setback. The location of buildings shall comply with the minimum front yard setback standards contained in the district regulations and summarized in the Residential and Nonresidential Dimensional Regulations Schedules, as may be modified by additional provisions in the district regulations, in this subsection or elsewhere in this chapter. 1. Permitted Obstructions. Every part of a required front yard shall be open and unobstructed, except for plant material and for the ordinary projections of window sills, belt courses,cornices and other architectural features of the main building,projecting no more than twelve(12)inches into the required front yard. Roof eaves and roof extensions of the main building or a porch without posts or columns may project into the required front yard for a distance of no more than two(2)feet, and subsurface structures, platforms or slabs may project into the front yard to a height no greater than thirty(30)inches above the average grade of the yard. b. Minimum Side Yard Setback: The location of buildings shall comply with the minimum side yard setback standards contained in the district regulations and summarized in the Residential and Nonresidential Dimensional Regulations Schedules, as may be modified by additional provisions in the district regulations, in this subsection or elsewhere in this chapter. 1. Permitted Obstructions. Every part of a required side yard shall be open and unobstructed, except for plant material and for accessory buildings as permitted herein and the ordinary projections of window sills, belt courses, cornices and other architectural features of the main building projecting no more than twelve (12) inches into the required side yard. Roof eaves of the main building shall project no more than two (2) feet into the required side yard. c. Minimum Rear Yard Setback. The location of buildings shall comply with the minimum rear yard setback standards contained in the district regulations and summarized in the Residential and Nonresidential Dimensional Regulations Schedules, as may be modified by additional provisions in the district regulations, in this subsection or elsewhere in this chapter. 1. Permitted Obstructions. Every part of a required rear yard shall be open and unobstructed to the sky from a point thirty (30) inches above the general ground level of the graded lot, except for plant material and accessory buildings as permitted herein and the ordinary projections of window sills, belt courses, cornices and roof overhangs and other architectural features of the main building projecting no more than two (2) feet into the required rear yard. Page 14 ARTICLE 2-DISTRICTS&ZONING DISTRICT MAP Adopted November 2001 Amended September 2003 NOTIFICATION REPORT APPLICANT: Gary Weberg APPLICATION FILE ZBA#2004-09 1740 McMillen Road Wylie, Texas 75098 # BLK/ABST LOT/TRACT TAX I.D. # PROPERTY OWNER NAME ADDRESS Applicant 1740 McMillen Road 1 _ Gary Weberg Wylie, Texas 75098 McMillen Farms 1335 FM 1378 2 --- Lot 3 R-2885-000-0030-1 James Feivor Wylie, Texas 75098 McMillen Estates 1770 McMillen Road 3 --- Lot 1-2B R-3251-000-012B-1 Jack Whitling, Jr. Wylie, Texas 75098 McMillen Estates 1760 McMillen Road 4 --- Lot 1-3 _ R-3251-000-0013-1 Gary Williams Wylie, Texas 75098 McMillen Estates 408 N. Gaston Drive 5 --- Lot 1-4 s R-3251-000-0140-1 Glen Chancellor Wylie, Texas 75098 McMillen Estates 1740 McMillen Road 6 --- Lot 1-5 R-3251-000-0015-1 Gary Weberg Wylie, Texas 75098 0 --- McMillen Estates PO Box 1044 7 Lot 1-6 R-3251-000-0016-1 Patrick Jojola Wylie, Texas 75098 McMillen Estates 1720 McMillen Road 8 --- Lot 1-7 R-3251-000-0017-1 Mario Aguilar Wylie, Texas 75098 1401 FM 1378 9 Abst 716-2 Tract 33 R-6716-002-0330-1 Wylie United Methodist Church Wylie, Texas 75098 4835 W. Lawther Dr. #706 10 Abst 716-2 Tract 27 R-6716-002-0270-1 Mrs. A.J. Daugherty Dallas, Texas 75214-1843 11 12 if'---r--r-ing 13 XPU\iIST 14 15 16 17 Tr 'Z 7/(v-2 1 Tr33 � f Y�,v� •.LSsTC$.tik*?,!£'a4�^ f,urr���' .fir-k':=`.�$i/.1 .2t'tn`R.-'S '• azFw 1-7 1-8 ts' q ,. 44(at,' } r 2-1 C ?A 1-2B �' � t r1 � �'.'S` t - ' 'i>Fyk�4 a � �.:40 2—1( 3 N} 2.�3.•'�"kt• Vk' 4` 3'i ram= I � � go �calk1ST ZBA CASE #2004-09 PUBLIC COMMENT FORM (Please type or use black ink) Planning Department 2000 Highway 78 North Wylie,Texas 75098 /( I am FOR the requested variance as explained on the attached public notice for ZBA Case #2004-09. • I am AGAINST the requested variance as explained on the attached public notice for ZBA Case#2004-09. Date,Location&Time of Zoning Board of Adjustment meeting: Monday, August 23, 2004,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: \A) V�`� e VN•k�--e (pleaseb'rint) Address: 1A fJ F M 13 rl 8 Signature: U o►� `try,5te p,zts�►� Date: )1 ( `7 1 O L1- COMMENTS: PUBLIC COMMENT FORM (Please type or use black ink) Planning Department 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested variance as explained on the attached public notice for ZBA Case #2004-09. I am AGAINST the requested variance as explained on the attached public notice for ZBA Case#2004-09. Date,Location&Time of Zoning Board of Adjustment meeting: Monday, August 23,2004,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: Tfl tnES 1C I V o2 (please print)Address: F.33 S T r 13 n , 7K 9fd 9S Signature: 9 .i<rt'i Date: g'' f y - © 5( COMMENTS: PUBLIC COMMENT FORM (Please type or use black ink) Planning Department 2000 Highway 78 North Wylie,Texas 75098 k/1I am FOR the requested variance as explained on the attached public notice for ZBA Case #2004-09. I am AGAINST the requested variance as explained on the attached public notice for ZBA Case#2004-09. Date,Location&Time of Zoning Board of Adjustment meeting: Monday, August 23,2004,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: Marl o MuikTTh (please print) Address: VIZ Z M L Ni 11 ei 1 d. l� , fix . n5OgR Signature: `��.--- Date: B` 1 Co -off- / COMMENTS: gki -rarna anri-L d bn l4- have, aol,LI cn Lon uioq l enc.e__ Oti 0 ha+e e v- Lie th ck4 -1t6 ma Ozer on kis proper . . 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