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04-24-2006 (Zoning Board of Adjustment) Minutes Wylie Zoning Board of _ Adjustment CITY OF IdtWYLIE Minutes Zoning Board of Adjustment Tuesday, April 24, 2006—7:00 pm Wylie Municipal Complex—Council Chambers 2000 Highway 78 North CALL TO ORDER Announce the presence of a Quorum. Chairman LeBaron called the meeting to order at 7:00PM. Board Members present were: Chairman LeBaron, Board Member Herrera, Board Member Jourdan, Board Member Bullock, and Board Member Ellis, with Board Members Herzog and Sargent being absent. Staff members present were: Assistant City Manager/Planning Director Mindy Manson and Secretary, Mary Bradley. SWEARING-IN OF SPEAKERS Mary Bradley swore-in the applicants/developers. PUBLIC HEARINGS 1. Hold a public hearing to consider and act upon a request by Joe Bellows — Wylie Towing for approval to change a nonconforming use to another nonconforming use in accordance with Section 9.8 Changing Nonconforming Uses, property being located at south of SH 78 and west of Alanis Drive. (ZBOA Case No. 2006-02). Ms. Manson stated that the property is located at 2601 S. Highway 78 and has never been platted. The property is the last tract to the south that lies within the city limits of Wylie. The business has been operating without a Certificate of Occupancy (CO) for several years. The property was occupied by a rental Company (RentAll), and recently changed to a Vehicle Towing Company, but with the same ownership. Minutes April 24,2006 Wylie Zoning Board of Adjustment Page 1 of 4 Upon applying for a fence permit, the applicant was told that a CO had never been issued for the property. The property was rezoned from Industrial (I) to Business Center (BC) District in February 2002 with the adoption of the city-wide Zoning Ordinance and Map. However, with the adoption of the new Zoning Ordinance in January 2006, Business Center District no longer exists. The Planning Department is in the process of working with the Planning and Zoning Commission to update the current zoning map to concur with the Zoning Ordinance. The newly adopted Zoning Ordinance changed the BC District to Light Industrial (LI) District. The Zoning Ordinance does not specify a category for"Auto Towing," but does state that a nonconforming use of a building may be changed to another nonconforming use of the same or more restrictive zoning district classification, upon approval by the Board. Outside Storage is the closest use that auto towing is similar and is allowed only in the Industrial Districts. Joe Bellows, 720 Main, Lavon, Texas, represented the applicant, stated that vehicles will be stored on the property for a short-term duration. The vehicles are stored while police department or the insurance company completes their procedures. If the vehicle is stored for the duration of state requirements, the vehicle is sold at a constable auction. The time frame is two to two and half months. The vehicle is not sold in parts or dismantled for sell, but the vehicles are auctioned as is. The number of people attending the auction range for five to ten people maximum. Mr. Bellows stated that the business has been operating for five months and that there was a misunderstanding with the City of Wylie, therefore no CO was applied or approved. A motion was made by Board Member Ms. Jourdan, and seconded by Board Member Mr. Ellis, to GRANT the request for a variance to change a nonconforming use to another nonconforming use in accordance with Section 9.8 Changing Nonconforming Use of the Zoning Ordinance. Motion carried 5—0. 2. Hold a public hearing to consider and act upon a request by David R. Cannon for a variance to Section 2.5.4(b) Accessory Buildings of the Zoning Ordinance to increase the allowed minimum size of an accessory building from 1,000 square feet to 1,080 square feet, and a variance to Section 2.5.4.e(3) of the Zoning Ordinance to allow composite masonry facade material on an accessory building exceeding 300 s.f. in lieu of the masonry requirements, this property being located at 931 Oakbrook Drive, Lot 14, Block A in the Stoneridge Farms Phase 2 Addition. (ZBOA Case No. 2006-03). Ms. Manson stated that the request is two-part variance; the applicant is proposing to construct a 1,080 square foot, where 600 square feet would normally be the maximum for an accessory building, and the second request is using composite masonry (hardi- plank) on three sides, instead of masonry content. The finished product will resemble the main structure in color, and the front facade will be constructed of masonry, which will match the main structure. The proposed requires is an 80% variance from the required size of structure, and a 75% variance from the required masonry content. Minutes April 24, 2006 Wylie Zoning Board of Adjustment Page 2 of 4 Mr. David Cannon, 931 Oakbrook Drive, applicant/property owner of the subject property, stated that the purpose of the 1,080 square feet was because of the dimension of the lot and practical purposes. The Collin County Tax Appraisal District classifies the property as being right at one acre. Ms. Manson stated that when the subdivision was constructed the zoning was 10,000 square foot lots, and the developer opted to construct larger size lots. The foundation was approved by Building Inspections, with the understanding that a variance would be requested, as the codes were not clear as to what was allowed and not allowed. The building will be used for storage of dirt bikes and accessory for children. Bob Day, 303 Rush Creek, representative as the Contractor for building, stated that the City of Wylie Building Department approved the concrete plans for the building and did not specify that the size of the building would require a variance. Due to carpentry logistics, the size of the building came to be 30 x 36, as close as possible to eight-foot increments. A motion was made by Board Member Mr. Ellis, and seconded by Board Member Ms. Jourdan, to GRANT the requests as submitted. Motion failed 3—2. A motion was made by Board Member Ms. Herrera, and seconded by Board Member Mr. Ellis, to GRANT the exterior composite masonry on three sides, and the size of the accessory building to be no larger than 1,000 square feet. Motion carried 4 — 1, with Board Member Mr. Bullock in opposition. 3. Hold a public hearing to consider and act upon a request by Rodney Hitt for a variance to Section4.3 Design Standards of the Zoning Ordinance to all 80% brick in lieu of the 100% brick requirement, this property being located south of FM 544 and northwest of SH 78 of the Greenway — 78 Addition. (ZBOA 2006- 04). Ms. Manson stated that a Final Plat was approved along with the conditional approval of the Site Plan by Planning and Zoning Commission on April 4, 2006. The property is platted as Greenway — 78 Addition and creates three commercial/retail lots. The conditions of approval for the site plan state that the applicant must full comply with the requirements of Section 4.3 Design Standards of the Zoning Ordinance or must acquire a variance from this Board to allow an 80% variance from the required brick content. The applicant is proposing to use a combination of building materials to achieve visual variety. The ordinance requires as a base standard that primary materials be constructed of brick with at least 20% stone on the front façade including, but not limited to brick, stone, cast stone, decorative concrete or stucco. The applicant has met the front façade requirements. However, the side and rear elevations do not meet the brick requirement per the Zoning Ordinance. Minutes April 24, 2006 Wylie Zoning Board of Adjustment Page 3 of 4 Mr. Mark Hardaway, 2808 Fairmount, Dallas, represented the developer of the subject property, stated that the intent is to construct a 14,500 square foot retail building, a continuation of another phase to the Albertson's shopping center, which is adjacent to the subject property. The intent is to develop the same type of development on the Albertson's retail center, but due to the cost of construction, forced to upgrade the front façade with additional canopies and features. The hardship is the 40,000 square foot warehouse in the back, which is the highest investment use on the property, which is zoned Light Industrial. The decorative concrete is not feasible to the rear of the building, which faces the Light Industrial District. The Board Members questioned what desirables from the architectural design requirements are being met with the back of the property not meeting the base standards. Lisa Swift, GSO Architects, 5310 Harvest Hill, Dallas, Texas, stated that the desirable points using two complementary primary façade materials, enhance the same style entire block, use of architectural detailing materials in visual appearance, and possibly continue the brick and awnings down the side, which will meet application of base standards to facades. The Board Members asked for clarification of meeting four desirables for Architectural Design Requirements. Ms. Swift stated that the same façade materials used for the front could be continued down the sides. A motion was made by Board Member Mr. Ellis, and seconded by Board Member Ms. Jourdan, to GRANT the request with stipulation that base standard desirables of application to facades along both sides. Motion carried 5—0. ADJOURNMENT A motion was made by Board Member Mr. Bullock, with the consensus from all Board Members to adjourn the meeting at 8:00PM. Layne LeBaron Ch " an ATTEST: 1/1 Mary dIeSecretary Minutes April 24, 2006 Wylie Zoning Board of Adjustment Page 4 of 4