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04-20-2015 (Zoning Board of Adjustment) Minutes 7 Wylie Zoning Board of CITY:F WYLIE Adjustment Minutes Zoning Board of Adjustment Monday, April 20, 2015 - 6:30 pm Wylie Municipal Complex - Council Chambers 300 Country Club Road, Building 100 CALL TO ORDER Chair Linda Jourdan called the meeting to order at 6:31 p.m. and stated that a quorum was present. Board Members present were; Vice Chair Jason Potts, Board Member Robert Holcomb, Board Member Kevin Finnell and Board Member Bill Hiney. Staff members present were: Jasen Haskins, Planner and Mary Bradley, Administrative Assistant. CONSENT ITEMS 1. Consider and act upon approval of the Minutes of the March 16, 2015 Meeting. A motion was made by Board Member Holcomb and seconded by Board Member Hiney, to approve the Minutes with changes noted to reflect results from vote. Motion carried 5 — 0. PUBLIC HEARINGS Item 1 - ZBA 2015-05 Hold a public hearing to Consider and act upon, a request from Caliber Collision for a variance to Ordinance 2014-44, Section 22-447.a.c.1, regulation for maximum area for an attached wall sign. Property located at 451 Westgate Way being Lot 1, Block A in the Caliber Collision Addition. ZBA 2015-05. Staff Comments Mr. Haskins stated that the property owner never filed final plat. The property is classified as "Legally Nonconforming" until the plat is filed. Minutes April 20, 2015 Wylie Zoning Board of Adjustment Page 1 of 6 Staff is asking the Board Members to table the item until May 18, 2015, giving the applicant additional time to file the plat. Public Comments Chair Jourdan opened the Public Hearing. Board Discussion Board Member Finnell questioned if the applicant considered the location of the facility before construction. One of the written statements from the applicant was visibility to FM 544 due to Chili's. Mr. Brian Killebrew, Building Official stated that the applicant constructed their building before the new sign ordinance, which allows 450 square feet in length for the maximum wall signage. However, the applicant is requesting the variance to go over the required two feet height. Board Action A motion was made by Board Member Holcomb, and seconded by Board Member Potts, to Table the request until May 18, 2015, to allow additional time for the applicant to file the plat. Motion carried 5 — 0. Item 2 ZBA 2015-06 Hold a public hearing to consider and act upon a request from Napa Auto Store for a variance to Ordinance 2014-44, Section 22-447.1.c.1, to allow three franchise signs; one of the front facade and two on the side of the building. Property located at 1303 Century Way, Lot 1R1 , Block C, of Century Business Park. ZBA 2015-06. Staff Comments Mr. Haskins stated that the applicant is Napa Auto Store, which is a new development being constructed at 1303 Century Way. The applicant is requesting three sign variances. However, the applicant is requesting two signs be 39 inches in height, and the other is 69 inches in height. The location of the development is approximately 90 feet from Century Way, the ordinance allows maximum two feet in height when mounted to a building that is within 100 feet of a street. Minutes April 20, 2015 Wylie Zoning Board of Adjustment Page 2 of 6 Public Comment Forms were mailed to 13 property owners within the 200 feet of this request, four responses were received. Three responses were in favor and one response in opposition of the request. Public Comments Chair Jourdan opened the Public Hearing. Mr. Bryan Rogers, 511 Rustic Place, Wylie, represented the builder of the subject property, and stated that the franchise provides various signs to the franchisee. The request is for the smallest sizes available. The proposed signs will be mounted on two locations on the building. Two will be to the side of the building, in order to draw traffic from Highway 78 and the other to the front of the building. The backboard of the signs to the back of the building will be over the two feet in height requirement. Chair Jourdan closed the Public Hearing. Board Action A motion was made by Board Member Finnell, and seconded by Board Member Hiney, to Grant the variance for three signs, two 39 inches and one 69 inches in height. Motion carried 5 — 0. Item 3 ZBA 2015-07 Hold a public hearing to consider and act upon a request from Rene Lawson for a variance to Section 11 .3.c of the 1985 Zoning Ordinance for properties requiring a minimum 25 foot rear setback for accessory buildings, property located at 813 Autumn Hill Drive, Lot 16, Block E of Quail Hollow Estates Addition. ZBA 2015-07 Staff Comments Mr. Haskins stated that the applicant is requesting a variance to the 25 foot rear yard setback requirement to be reduced to eight feet. The applicant desires to construct a two-car carport to the rear of the property. The unique circumstance may exist due to the residence being a rear entry garage. Traffic is limited to the homeowners in the area and the utility easements run perpendicular in this subdivision. �^ Public comment forms were mailed to 26 property owners within 200 feet, and one response in favor of the request was received. No comment forms were received in opposition. Minutes April 20, 2015 Wylie Zoning Board of Adjustment Page 3 of 6 Public Comments Chair Jourdan opened the Public Hearing. Mr. and Mrs. Billy Lawson, 813 Autumn Hill Drive, the applicants, stated that they have a two car garage, which is used as a garage and not as storage. However, they have more than two vehicles, and the desire to protect all vehicles from weather elements. The carport will be adjacent to the house, with four wooden posts and an approximate two foot overhang past the posts. Chair Jourdan closed the Public Hearing. Board Action A motion was made by Board Member Hiney, and seconded by Board Member Finnell, to Grant the variance for minimum eight foot rear setback allowing a two-car carport. Motion carried 5 — 0. Item 3 ZBA 2015-08 Hold a public hearing to consider and act upon a request from Randy Glenn for a variance to Section 20.3.1 .c of the 1985 Zoning Ordinance regarding building setbacks. Property located 209 Industrial Court, Lot 5 of Railroad Industrial Park Addition. ZBA 2015-08 Staff Comments Mr. Haskins stated that the 1985 Zoning Ordinance requires twenty (20) feet front yard setback. The property is for sale, and in preparing the survey, it was determined that the main structure did not meet the required setback. The original permit was likely issued in the late 1980's and may have inadvertently allowed for the error. The property has a 14.4 foot front setback and the 1985 Zoning Ordinance requires a 20 foot setback. Staff would deem the property as Legally Non-Conforming. However, if the variance is allowed the property would be deemed Legally Conforming which is preferable. Further, it is the intent of the potential buyer, Wylie Economic Development Corporation (WEDC), to redevelop the area at a point in the future so a time limit could be put on the approval, if so voted. Public comment forms were mailed to 16 property owners. One response was received in favor and no responses received in opposition of the request. Minutes April 20, 2015 Wylie Zoning Board of Adjustment Page 4 of 6 Public Comments Chair Jourdan opened the Public Hearing. Mr. Sam Satterwhite, Director of WEDC, 250 Highway 78, stated that the size of the building is 3500 square feet. The desire in the future is to redevelop several properties on Industrial Court. WEDC owns all but one tract of land at this time. However, until the one tract of land is purchased, the intent is to rent the subject property until the area becomes re-developable. Chair Jourdan closed the Public Hearing. Board Action A motion was made by Board Member Holcomb, and seconded by Board Member Hiney, to Grant the variance to Section 20.3.1.c , allowing for a 14 foot front yard setback. Motion carried 5 — 0. Item 3 ZBA 2015-09 Hold a public hearing to consider and act upon a request from Eastfork Special Utility District to Section 9.5 of the Zoning Ordinance to Expand a non-conforming structure. Property located at 1355 Troy Road, Lot 25, Block G of Bozman Farm Estates, Phase 1 C Addition. ZBA 2015-09 Staff Comments Mr. Haskins stated that the applicant is Eastfork Special Utility District (EFSUD). The applicant is proposing to expand the office space. The current building is a legally non-conforming metal building. The Ordinance requires all commercial facilities to have masonry exteriors. Staff was informed that EFSUD is looking at other properties in which to build a more permanent solution, but until such time they are asking for a variance so they can add a 1 ,300 square foot expansion to the current facility. Comment forms were mailed out 22 property owners within the 200 feet. One comment was received in favor and one in opposition of the request. Public Comments Chair Jourdan opened the Public Hearing. Mr. Matt Boley, 118 McKinney, Farmersville, Texas, consultant engineer for the subject property, stated that the applicant desires to Minutes April 20, 2015 Wylie Zoning Board of Adjustment Page 5 of 6 expand the back portion of the building. A new facility will be constructed at a later time at a new location. However, the existing building and the proposed expansion on the subject property will be used for fieldworkers and storage. The subject request for a variance — to an expansion is permanent, and Mr. Boley provided no reason as to why the permanent expansion was needed. Board Member Holcomb questioned if temporary structures were considered until the new facility is constructed. Mr. Boley was unable to answer. The covered parking will be on the north and west side of the property. Mr. Todd Stone, 1607 Crescent Oak, spoke in opposition of the request, encouraged the Board Members to require the applicant to come in conformance. Mr. John McCarty, 1333 Canyon Creek, spoke in opposition of the request, stating that it is a bad idea. Chair Jourdan closed the Public Hearing. Board Discussion The Commissioners discussed the lack of unique circumstance and hardship for the request. Board Action A motion was made by Board Member Hiney, and seconded by Board Member Finnell, to Deny the request for expansion of a non- conforming structure. Motion carried 4 — 1 , with Chair Jourdan voting in opposition. ADJOURNMENT A motion was made by Board Member Finnell, and seconded by Vice Chairman Potts to adjourn the meeting. All Board Members were in consensus, and the meeting adjourned at 7:40p.m. . 4/ Linda Jourda , Chair ATTEST: ( [1 U A ..... Mar Bracey, Administr ive Assistant Imo) Minutes April 20, 2015 Wylie Zoning Board of Adjustment Page 6 of 6