04-21-2014 (Zoning Board of Adjustment) Minutes Wylie Zoning Board of
Adjustment
CITY OF WYLIE
T
Minutes
Zoning Board of Adjustment
Monday, April 21, 2014 — 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 7:00 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
Bill Hiney.
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 18,
2013 Meeting.
A motion was made by Board Member Potts, and seconded by Board
Member McGinnis, to approve the Minutes from the November 18, 2013
Meeting as submitted. Motion carried 5 — 0.
PUBLIC HEARINGS
Item 1 — ZBA 2014-01
Hold a public hearing to consider and act upon a request by David J. Eden
for a Variance to Section 6.3.E.6.c(2) regarding sign regulations of the Zoning
Ordinance to increase the signage for a medical office to allow 109 square
feet of signage in lieu of the required maximum 64. Property located at 130 N
Ballard, being Lots 17B & 18 Block 18 of the Railroad Addition (ZBA 2014-
01).
Staff Comments
Minutes April 21, 2014
Wylie Zoning Board of Adjustment
Page 1 of 5
Mr. Haskins stated that applicant is requesting a variance for size of
sign on the side of a property located within the Downtown Historic
District. The entire property is approximately 5,100 square feet, with
a 4,318 square foot structure. 3
The applicant is requesting a sign of 109 square feet, in lieu of the
required one square foot per linear foot of facade or with an overall
maximum of 64 feet. The purpose of the Ordinance is to reduce
sign clutter and provide a cleaner, neater appearance.
Staff feels that the applicant's property definitely has unique
aspects that warrant consideration, namely the large side of the
building. The building is 119 feet long.
If warranted, staff will further examine revision of the Zoning
Ordinance sign regulation, and take the Board's discussion into
consideration. Staff has researched surrounding cities sign
regulations, and found that City of Wylie is more restrictive in terms
of the size of the sign.
Public Comments
Chairman Baumbach opened the Public Hearing.
Mr. Dave Eden, 417 N Ballard, stated that the requested sign is 119
square feet on mounted plastic letters, and the sign will not light up.
Chairman Baumbach closed the Public Hearing.
Board Discussion
The Commissioners expressed that the sign not to be lighted. Mr.
Haskins stated that the lighting and coloring is regulated under the
Downtown Historic District in the Zoning Ordinance.
Board Action
A motion was made by Board Member Jourdan, and seconded by
Board Member Hiney, to GRANT the request for a sign 119 square
feet in lieu of 64 square feet. Property located at 130 N Ballard.
Item 2 —ZBA 2014-02
Hold a public hearing to consider and act upon a request by Christa Smyder
for a Variance to Section 3.4.F.12(2) residential fencing regulations of the
Zoning Ordinance to allow a chain link fence in lieu of the required building
Minutes April 21, 2014
Wylie Zoning Board of Adjustment
Page 2 of 5
materials. Property located at 305 Callie Court, being Lot 10 of the Wylie
Ranch East #1 Addition (ZBA 2014-02).
Staff Comments
Mr. Haskins stated that the subject property is a residential property
located on the southeast corner of Callie Court and Kreymer Lane
and is zoned Agricultural/30 (AG/30). The applicant is requesting a
variance to allow a chain link fence in lieu of the required wood or
wrought iron as stated in the current Zoning Ordinance Section
3.4.F.1 2(2).
Staff feels that they do have unique circumstances to allow a chain
link fence, mainly is the size of the rural nature. The question to
consider is if the chain link fence necessary for rural nature. The
intent of the Ordinance is to ensure that fencing materials are of a
consistent quality and provide a certain aesthetic throughout the
different zoning districts within the city.
In comparison with surrounding cities, Wylie is one of the most
restrictive in terms of fencing materials. Most of the surrounding
cities, although allow variety of materials for fencing, they do rely on
Home Owners Associations to provide the more restrictive
requirement where necessary.
Nineteen public comments were mailed, as required by State Law,
seven comment forms were received all in favor.
Public Comments
Chairman Baumbach opened the Public Hearing.
Mr. Smyder, homeowner, stated that the home was purchased the
home two months ago, and the posts were already installed, but no
fence installed. He also stated that he keeps a police service
canine, and uses the open space to run and train. The chain link
fence allows the dog to be a watch dog for neighborhood.
Chairman Baumbach closed the Public Hearing.
Board Discussion
The Board Members requested clarification on the type of fence.
Mr. Haskins stated that staff is reviewing the Ordinance to allow
vinyl coated fence in lieu of typical chain link fence, especially for
larger lots developments. Ms. 011ie stated that the community has
changed within the last ten years, when the Ordinance was written,
the Ordinance needs to change with the community.
Minutes April 21, 2014
Wylie Zoning Board of Adjustment
Page 3 of 5
Board Action
A motion was made by Board Member Jourdan, and seconded by
Board Member Hiney, to Grant the request with restriction that the
chain link fence shall be vinyl coated fence. Motion carried 5 — 0. 4.31
Item 3 — ZBA 2014-03
Hold a public hearing to consider and act upon a request by Victor Trevino
for a Variance to Section 5.2.G.14.b(4) commercial development regulations
of the Zoning Ordinance to allow a Telecommunications Tower approximately
2,200 feet away from another telecommunications tower in lieu of the required
5,000 ft. Property located at 1404 Martinez Lane, being Lot 1 Block A of the
MetroTech Addition (ZBA 2014-03).
Staff Comments
Mr. Haskins stated that the applicant is requesting a
telecommunications tower to be constructed approximately 2,300
feet, from another telecommunication tower. This is closer than the
5,000 feet requirement within the Ordinance. The subject property
consists of undeveloped land totaling 0.311 acres located at 1404
Martinez Lane. The property is zoned Light Industrial (LI), and a
telecommunications tower is allowed by right.
Staff stated that the unique circumstance is the increase of density
in population and the increased use of mobile devises. The
applicant has expressed desire to better serve their customers, the
tower is warranted.
Additionally, surrounding cities were researched, and Wylie is one
of the most restrictive in terms of separation distance between
towers. Most surrounding cities allow a wider variety of distances
based on the height of the tower.
The Zoning Ordinance gives the Board the power to issue a
variance in cases like this as it states:
"The Board may... Permit a public utility or public service or
structure in any district, or a public utility or public service building
of a ground area and of a height at variance with those provided for in
the district in which the public utility or public service building is
permitted to be located, when found reasonably necessary for the
public health, convenience, safety, or general welfare."
Public Comments
Minutes April 21, 2014
Wylie Zoning Board of Adjustment
Page 4 of 5
Chairman Baumbach opened the public hearing.
Mr. Dave Kirk, 1870 Crown Drive, represented the applicant, stated
that most surrounding cities allow the footage to be closer than the
5,000 feet, but it is reviewed on a case by case basis. The
telecommunication carriers desire to provide service for the
customers, and with technology constantly changing, the type of
service is changing. The FCC governs the frequency relationship of
one antenna with another antenna from another tower.
Chairman Baumbach closed the public hearing.
Board Action
A motion was made by Board Member McGinnis, and seconded by
Board Member Potts, to Grant the request for a telecommunications
tower approximately 2,200 feet away from another telecommunications
tower. Motion carried 5 — 0.
Board Member McGinnis recommended that staff review the distance of
telecommunication towers between other telecommunications tower and submit
to Planning and Zoning for consideration.
ADJOURNMENT
A motion was made by Board Member Hiney, and seconded by Board Member
Jourdan, all Board Members were in consensus, and the meeting adjourned at
7:54p.m.
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Ma ley, Secretary
Minutes April 21, 2014
Wylie Zoning Board of Adjustment
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