02-23-2004 (Zoning Board of Adjustment) Minutes MINUTES
ZONING BOARD OF ADJUSTMENT
City Council Chambers Wylie Municipal Complex
2000 Highway 78 North, Wylie, Texas 75098
February 23, 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
Weldon Bullock Terry Capehart
Marilyn Herrera Mary Bradley
Randle Henry Johnny Bray, Building Inspector
Layne LeBaron
Linda Jourdan
Wayne Morman
CALL TO ORDER
Chairman LeBaron called the meeting to order at 7:00 p.m.
CONSENT AGENDA
1. Consider and act upon approval of the Minutes of the December 8, 2003
Meeting.
A motion was made by Mr. Morman, and seconded by Mr. Alexander, to approve the
minutes as submitted. Motion carried 7 - O.
SWEARING IN OF ADJUDICANTS
Mary Bradley, Secretary, administered oath.
ZBOA Commission Meeting
February 23, 2004
Page 2 of Page 4
PUBLIC HEARINGS
1. Hold a public hearing to consider and act upon a request by Glenn Dixon of
Colonnade Homes for a variance to Section 11.3.(1)(b) of the 1985 Zoning
Ordinance in order to decrease the required interior side yard setback from six
(6) feet to five and three-tenths (5.3) feet, this property being located at 303
Millstone Drive and being Lot 9 of Block E of the Harvest Bend Phase 2 Addition.
(ZBOA Case No. 2003-16)
Thompson stated that the subject property is located in the Harvest Bend Phase 2
Addition, which was platted in 1998. Thompson reviewed the vested rights regulations
of the Texas Local Government Code, which states that applications for private
development shall be considered solely on the basis of municipal regulations in effect at
the time the property is platted. The Zoning Ordinance adopted on May 7, 1985 was in
effect at the time the subject property was platted and, therefore, governs the lot
dimensions. The requirements for SF-3 Residential District, established that internal
side yards be a minimum of six (6) feet, although the current Ordinance (adopted in
2001) requires a minimum side yard of seven (7) feet.
Thompson stated that upon initial construction of the house a form survey reported
incorrect measurements, indicating that the building was placed six (6) feet from the
side property line at the front building line. The error was identified by the final survey,
showing that the front corner of the house is actually located only 5.3 feet from the side
property line. The requested variance will provide an interior side yard of 5.3 feet,
rather than the required 6 feet.
The subject lot is located on a street with a subtle curve, which makes the lot more than
10 feet narrower along the front property line than along the rear. The house, on the
other hand, is equally wide at its front as the rear.
Chairman LeBaron opened the Public Hearing.
Mr. Glenn Dixon, Colonnade Homes, 2314 E. Hebron, Carrollton, Texas, represented
as the applicant, stated that there are review processes in place to avoid errors as this,
unfortunately, the error on the subject property was not recognized. Mr. Dixon stated
that in the eleven years of being a homebuilder, this error is the first occurrence.
Chairman LeBaron closed the Public Hearing.
A motion was made by Mr. Morman, and seconded by Ms. Jourdan, to GRANT the
variance from the required interior side yard setback from six (6) feet to five and three-
tenths (5.3) feet. Motion carried 7 — O.
ZBOA Commission Meeting
February 23, 2004
Page 3 of Page 4
2. Hold a public hearing to consider and act upon a request by Edd Haskins for a
variance to Section 4.4.C.2.E of the 2001 Zoning Ordinance in order to decrease
the required landscaping from twenty (20) percent to seventeen (17) percent, this
property being located at 3475 F.M. 544 and being Lot 2, Block 1 of the
McCreary-F.M. 544 Addition. (ZBOA Case No. 2004-01)
Thompson stated that the subject lot was created as Lot 2 of the McCreary-F.M. 544
Addition, approved in December of 2003. The lot is 4.2 acres in size and is zoned
Commercial Corridor (CC). The planned self-storage/mini-warehouses are allowed by
right in the CC District.
The site plan also approved at time of platting indicated that the development would
comply with all requirements of the development codes. However, subsequent design
and engineering have concluded that desired building area as well as required parking
and landscaping cannot be accommodated on the site. The applicant is requesting a
variance to reduce the required landscaping from twenty (20) percent to seventeen (17)
percent. Compliance with the landscape requirements will require reduction in the total
size of buildings and related parking. Landscape is related to lot size (which is not
anticipated to change) than to building size.
The subject Lot 2 is configured in an "L" shape around the north and east of the corner
Lot 1, and fronts on F.M. 544 with a side yard along McCreary Road. The lot backs on
to the railroad corridor on the north, and no development will occur immediately
adjacent to the north property line.
Chairman LeBaron opened the Public Hearing.
Mr. Edd Haskins, 3631 Coral Gables, Dallas, Texas, represented the owner of the
property, stated that the Site Plan was approved with stipulations of including a
dumpster and fire hydrant. When re-designing the project to include the dumpster and
fire hydrant, the available space for required landscaping was reduced. There will be 31
trees planted along F.M. 544 and McCreary Road. Primary access to the property will
be from F. M. 544, however, large trucks can enter from McCreary Road.
Chairman LeBaron closed the Public Hearing.
A motion was made by Mr. Henry, and seconded by Mr. Morman, to GRANT the
variance to the landscaping requirements from the required 20 percent to 17 percent.
Motion carried 6— 1, with Chairman LeBaron voting against.
ZBOA Commission Meeting
February 23, 2004
Page 4 of Page 4
ADJOURNMENT
A motion was made by Mr. Eric Alexander, and seconded by Mr. Randle Henry to
adjourn the meeting at 7:45 p.m.
Layne L aron, Chairman Mary rally, Secretary