09-27-2004 (Zoning Board of Adjustment) Minutes MINUTES
Zoning Board of Adjustment
City Council Chambers, Wylie Municipal Complex
2000 Highway 78 North Wylie, Texas 75098
Monday, September 27, 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
Marilyn Herrera Mary Bradley
Linda Jourdan
Layne LeBaron
Jan Sargent
Board Members Absent: Staff Members Absent:
Weldon Bullock Renae 011ie
Wayne Morman
CALL TO ORDER
Chairman LeBaron called the meeting to order at 7:15 p.m.
CONSENT AGENDA
1. Consider and act upon approval of the Minutes of the August 23, 2004
Meeting.
A motion was made by Mr. Alexander, and seconded by Ms. Sargent, to approve the
minutes as submitted. Motion carried 5 —O.
SWEARING IN OF ADJUDICANTS
Mary Bradley, Secretary, administered oath.
ZBOA Commission Meeting
September 27, 2004
Page 2 of 3
PUBLIC HEARING
1. Hold a public hearing to consider and act upon a request by Edd Haskins of
Roemer/Haskins, L.C. for a variance to Section 4.4.E to reduce the
landscape requirement from 20% to 13.6% coverage and Section 4.2.B.3 to
reduce the sideyard building setback from 10 ft. to 4.80 ft., this property being
located at 3475 FM 544 and being Lot 2, Block 1 of the McCreary-FM 544
Addition. (ZBOA Case No. 2004-10).
Thompson stated that the subject property was created as Lot 2 of the McCreary-F.M.
544 Addition, approved in December of 2003, and the zoning is Commercial Corridor
(CC) District.
The landscaping specifications from the CC District requires 20 percent of each lot to be
irrigated landscaping. In February of 2004, the Board of Adjustment granted the subject
property a variance to the landscape requirements from 20 percent to 17 percent. At
that time, the applicant assumed that the development could not accommodate the
desired building area as well as required landscaping. A landscape requirement is
related to lot size.
«.' After development was initiated, and foundation and concrete slabs were completed,
staff reviewed the form survey, which indicated that the slabs for future buildings along
the south property line were actually constructed 4.80 to 5.52 feet north of the property
line instead of the required 10 feet. Due to the error in the placement of the property
line, the proposed landscaping is only 13.6 percent of the lot instead of the required 20
percent. The applicant is requesting a variance to reduce the sideyard building setback
from 10 feet to 4.80 feet, and a variance to landscaping requirements from 20 percent to
13.6 percent coverage to compile with the landscaping requirements.
Thompson reviewed the landscaping ratio of the subject property and the configurations
of Lot 1 and Lot 2, which is also owned by the applicant, and stated that there are three
alternate solutions available to correct the error and be in compliance with the Zoning
Ordinance. The Board may permit the applicant to demolish portions of the foundation
and slabs; or recommend that the applicant replat both lots; or grant the variance and
allow the reduced landscaping.
Edd Haskins, 3631 Coral Gables, Dallas, Texas, represented the applicant, stated that
another option for the Board to consider is to approve the requested landscape variance
while denying the setback variance.
Board Members questioned the type of screening for the mini-storage unit on Lot 2.
Haskins stated that an ornamental wrought iron fence between Lot 1 and Lot 2 and six
to eight foot brick wall along the back of the lot, between the railroad and the subject
property.
ZBOA Commission Meeting
September 27, 2004
Page 3 of 3
Haskins stated that the request is not economical or financial hardship but will limit the
type of user for retail business on Lot 1, if setback variance is not granted. After
discussing the user impact, Ms. Sargent made a motion, and seconded by Ms. Jourdan,
to GRANT the variances as submitted. Motion failed 3 -2, with Chairman LeBaron and
Mr. Alexander voting in opposition.
Mr. Alexander questioned visibility of the landscaping. Thompson stated that due to the
depth of the lots and the shape configuration of the property, much of the visibility for
the landscaping will not be visible by the public.
A motion was made by Mr. Alexander, and seconded by Ms. Herrera, to GRANT the
variance for the landscaping requirements not to be below 14% and DENY the setback
variance. Motion failed 3 -2, with Chairman LeBaron and Ms. Jourdan voting in
opposition.
With no further proposals, the request was DENIED for variance to Section 4.4(E) to
reduce the landscape requirement from 20% to 13.6%, and Section 4.2.3.B to reduce
the sideyard building setback from 10 feet to 4.80 feet.
ADJOURNMENT
With no further business to discuss, a motion was made by Ms. Herrera, and seconded
by Mr. Alexander, to adjourn the meeting at 8:30PM.
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Laynle LeBaron, C irman Ma Bra y, Secretary