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09-16-2013 (Zoning Board of Adjustment) Minutes Wylie Zoning Board of 74( Adjustment CITY OF WYLII Adjustment Minutes Zoning Board of Adjustment Monday, September 16, 2013 — 7:00 pm Wylie Municipal Complex — Council Chambers 300 Country Club Road, Building 100 CALL TO ORDER Chairman Bill Baumbach called the meeting to order at 7:04 p.m. and stated that a quorum was present. Board Members present were; Vice Chair Linda Jourdan, Board Member Karyn McGinnis, Board Member Jason Potts and Board Member Kelly Price. Staff members present were: Renae' 011ie, Planning Director, Jasen Haskins, Planner, Charles Lee, Senior Planner, Randy Corbin, Fire Chief, and Mary Bradley, Administrative Assistant. ELECTION OF CHAIR AND VICE CHAIR A motion was made by Commissioner McGinnis, and seconded by Commissioner Jourdan to nominate Board Member Baumbach as Chair. Motion carried 5 — 0. A motion was made by Commissioner McGinnis, and seconded by Commissioner Price to nominate Board Member Jourdan as Vice Chair. Motion carried 4 — 0 — 1, with Board Member Jourdan abstaining. CONSENT ITEMS 1. Consider and act upon approval of the Minutes of the August 19, 2013 Meeting. A motion was made by Board Member Potts, and seconded by Board Member Price, to approve the Minutes from the August 19, 2013 Meeting as submitted. Motion carried 5 — 0. PUBLIC HEARINGS Minutes September 16, 2013 Wylie Zoning Board of Adjustment Page 1 of 5 1. Hold a public hearing to consider and act upon a request by Don Pool, Director of Operations for Wylie ISD for a Variance to Section 5.5.A of the Zoning Ordinance requiring that all temporary uses operate 90 days or less within a one-year time frame, property located at 101 Hensley Lane, being Lot 1, Block A of the Raymond Cooper Jr. High School Addition. ZBA 2013-08 Staff Comments Mr. Haskins stated that the applicant is Wylie Independent School District and the facility is Draper Intermediate School, located at 101 Hensley Lane. The WISD is requesting temporary buildings on the property, as expansion over the next school year is completed. The Zoning Ordinance allows temporary buildings for 90-days or less within a one-year time frame. Until the construction is completed, the school is requesting the temporary buildings longer than the 90 days requirement. The school was constructed in 2007, building inspections issues a residential building permit for every day and half, causing the school to reach their capacity before expansion is completed. As required by law, comment forms were sent to thirty-six property owners, and no comment forms were returned in favor or in opposition. Mr. Don Pool, Executive Director of Operations, WISD, the applicant, stated that the temporary buildings will be used as classrooms only. The future expansion is in the planning stages, and will be voted on by the citizens as a bond in May possibly. The number of students enrolled at the school is about 710. Chairman Baumbach opened the public hearing. With no one approaching the Board Members, Chairman Baumbach closed the public hearing. Board Discussion Mr. Haskins stated that the Board may include in their motion a timeframe to allow the temporary buildings or until the bond is passed and construction is completed for the expansion. Board Action A motion was made by Board Member McGinnis, and seconded by Board Member Price, to Grant the temporary buildings until the construction of the expansion is completed. Motion failed. Chairman Baumbach is uncomfortable with open-ended permit. Board Member McGinnis removed her motion, and seconded by Board Member Price. Minutes September 16,2013 Wylie Zoning Board of Adjustment Page 2 of 5 A motion was made by Board Member McGinnis, and seconded by Chairman Baumbach to Grant the temporary buildings use for two years, to adhere to any Bond election and progress on the expansion completion. Motion passed 5 -0. 2. Hold a public hearing to consider and act upon a request by T. Sean McGuire acting on behalf of Ladylike Shop Inc. for a Variance to Article 5, Section 5.5 Temporary Uses of the Zoning Ordinance requiring that, "Commercial activities not normally allowed in certain areas be permitted on a temporary basis for a time period not exceeding 90 days within a one-year time period", property located at 1001 N. SH 78, being Tract 93 of the F De LaPina Survey. ZBA 2013- 07 Staff Comments Mr. Lee stated that the applicant is Mr. Sean McGuire, and is requesting an extension to a 90-day temporary use permit to one year. The Zoning Ordinance allows a temporary use permit for 90-days or less within a one year time frame. The purpose of the temporary use permit was for a Flea Market Event to be held three days on the last weekend of the month. Mr. McGuire is requesting the temporary use permit be extended for one year. The applicant was advised that unless minimum public improvements were met, staff cannot support an extension to the 90-day. The public improvements include adequate facilities for parking; fire and emergency access; restrooms; utilities; safe ingress-egress, and minimum building and fire code compliance. Sixteen public comment forms were mailed to surrounding property owners. One response was returned in favor of the request and one online complaint against the business was received. Fire Chief Corbin stated that any type of business shall meet requirements set forth within Zoning Ordinance, adequate water supply, egress, access, weather pavement regulations. The proposed request is temporary, with propane, no concrete parking, no permanent zoning and presents additional threat to the welfare to the citizen of our Community. From the discussion with Mr. McGuire, his intent was not to be in compliant with the City of Wylie fire codes. Chief Corbin stated that Liberty County, Cleveland, Texas, had a similar flea market that caught fire within the last week. The buildings burned down, and the reason why there was not adequate water supply. Chairman Baumbach opened the Public Hearing. Minutes September 16, 2013 Wylie Zoning Board of Adjustment Page 3 of 5 Mr. Sean McGuire, 6301 Whetstone Drive, McKinney, Texas, the applicant, stated that allowing the flea market to operate year around, this would assist his finances in order to provide for his family, asset for the city and provide revenue for planning and designing to implement the required infrastructure. Several citizens residing outside the city limits spoke in favor of allowing the flea market to operate year around, stating the revenue is a supplement to income and assisting children's college finances for the vendors. The names of these residents were: Ms. LeeAnne Archer; Mr. Jose Nereo Olvera; Ms. Adriara Juarez; Ms. Sharon Devore, Ms. Dawn Haney, Mr. Bill Caldwell, Ms. Joyce Chandler, Ms. Patricia Nall, Mr. Dennis Keck, Mr. Byron Lawrence, Mr. Michael Bell, Ms. Charlotte Ross, and Suzanne Robertson. Several City of Wylie residents spoke in favor of the allowing the flea market to operate year around were; Ms. Mamie Tills, Ms. Joanne Schmidt, Ms. Marsha Tonn, Mr. Michael McMeans, Mr. Joe Davis, and Ms. Roxy Brown. These residents stated that the flea market if variance was granted would be an asset to the city and would supplement family income for the vendors. Chairman Baumbach closed the Public Hearing. Ms. 011ie stated that the property does not have permanent zoning. The property is zoned Agriculture, is not a permanent zoning. The issue is not the type of business, the issue is that it is a permanent business and not allowed in a temporary zoning district. If the applicant desires to pursue year around flea market, change of zoning to Corridor Commercial would be required. Therefore, a permanent zoning would require all the improvements be in place before a permanent business could operate. Chief Corbin stated that City of Wylie has an I.S.O. 1 rating, meaning the water, the alarm received, the communication for emergencies, and the budget for fire department. If the Board selective grants the request, the other business owners could ask to borrow money from the city also because that is what granting the request will do is loaning the applicant money to operate. Chief Corbin is in favor of the flea market, but the standards and codes must be met before operating the business. Chairman Baumbach reviewed the requirements for not granting a request and the requirements for granting a request. Board Action Chairman Baumbach asked the Board to make a motion whether to Grant or Deny the request. A motion was made by Chairman Baumbach, and seconded by Board Member Price to Deny the request for extending a temporary basis for a time period not exceeding 90 days. Motion carried 5— 0. Minutes September 16,2013 Wylie Zoning Board of Adjustment Page 4 of 5 ADJOURNMENT A motion was made by Board Member Potts, and seconded by Board Member Jourdan, all Board Members were in consensus, and the meeting adjourned at 8:44p.m. Bi aumbach, Chairman ATTEST: (\( cA, LA br\Q\334) Ma Braley,Secretary Minutes September 16, 2013 Wylie Zoning Board of Adjustment Page 5 of 5