Loading...
06-14-2004 (Zoning Board of Adjustment) Minutes MINUTES Zoning Board of Adiustment City Council Chambers, Wylie Municipal Complex 2000 Highway 78 North Wylie, Texas 75098 Monday, June 14, 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 Mary Bradley Marilyn Herrera Johnny Bray Randle Henry Linda Jourdan Layne LeBaron Wayne Morman CALL TO ORDER Chairman LeBaron called the meeting to order at 7:05 p.m. CONSENT AGENDA 1. Consider and act upon approval of the Minutes of the April 26, 2004 Meeting. Due to an error on the agenda, the minutes to consider are from the May 24, 2004 meeting rather than April 26, 2004. A motion was made by Ms. Herrera, and seconded by Mr. Henry, to approve the minutes as submitted. Motion carried 7—0. SWEARING IN OF ADJUDICANTS Mary Bradley, Secretary, administered oath. ZBOA Commission Meeting June 14, 2004 Page 2 of 5 PUBLIC HEARING 1. Hold a public hearing to consider and act upon a request by Gary Braley for a variance to Section 7.B.I.e.1 of the 1962 Zoning Ordinance in order to decrease the front yard setback from the required twenty-five (25) feet to twelve (12) feet, this property being located at 503 South Ballard Avenue and being Lot 11 of Block A of the Butler Addition. (ZBOA Case No. 2004-03) Continued from the May 24 meeting. Thompson stated that the subject property is occupied by a wood frame residence with an attached single-car garage constructed in 1963. The house and street-facing garage entry is located approximately thirty-two (32) feet from the front property line. The applicant desires to construct a single-car carport to the front of the existing garage in order to provide protection for his current passenger truck that is too large to fit in the garage. The garage will remain available for parking or storage. A portion of South Ballard Avenue, which the subject house fronts was recently widened to a four lane divided thoroughfare, with new driveway approaches installed for each residence including the subject property. The existing drive is gravel. State Law provides that the development regulations in place when a property is platted shall be enforced. The 1962 Zoning Ordinance required one parking space per residential dwelling but did not require the space to be covered or enclosed. The Ordinance required a front yard setback of twenty-five (25) feet. The carport will be constructed the width of the existing drive (20 feet) and 20 feet long, or 12 feet from the front property line rather than the required 25 feet. This is a variance of 13 feet or 52 percent from the requirement. The construction of the carport as proposed will comply with current regulations that construction materials match the main structure. Parking spaces will be 10 feet wide and 20 feet long and constructed of concrete. The remaining 12 feet of drive will allow sufficient visibility and private maneuvering room between the carport and the public street. Alternative locations for the new oversized carport and parking are limited to the existing location because there is no developed alley to the rear, the concrete drainage flume along the north property line prevents wider access or swing drive to this side and the existing neighboring residence prevents access from the south side in front. Thus, the pattern of the platted lot and development create a hardship justifying the variance. Chairman LeBaron opened the Public Hearing. ZBOA Commission Meeting June 14, 2004 Page 3 of 5 Gary Braley, 503 South Ballard, represented homeowner of the subject property, stated that due to oversized vehicles and with no ability to park inside the garage, the carport is desired. The proposed size of the carport is 20 by 20, which will allow both vehicles to park side by side and will extend six feet past the end of the house. The drive way will be replaced with concrete from the current gravel. Mr. Braley stated that the drive will be wider than the garage, on the north side of the house which is toward the drainage flume. The carport will extend to the south of the garage door, and to the edge of the window in front of the house. The carport will not be attached to the house, as there will be a gutter between the house and the carport. Commissioners questioned the accessibility to the property from the south of the subject house. Mr. Braley stated that the neighboring property is too close for accessibility on the south side of the house and there is a big tree blocking further accessibility to the back yard. Chairman LeBaron closed the Public Hearing. A motion was made by Mr. Alexander, and seconded by Mr. Morman, to GRANT the variance with the following stipulations; that the carport have a flat or gabled roof to match the porch overhang; that the carport be made of similar materials as the rest of the house; and that the carport be attached to the house, with a setback of no closer than 12 feet. Motion carried 6— 1, with Mr. Bullock voting in opposition. 2. Hold a public hearing to consider and act upon a request by Kevin G. Belew for a variance to Section 26.3 of the 1985 Zoning Ordinance in order to increase the height of an accessory building from the maximum fifteen (15) feet to eighteen (18) feet, this property being located at 513 South Foxwood Lane and being Lot 8 of Block B of the Stone Grove Phase 1 Addition. (ZBOA Case No. 2004-04). Thompson stated that the subject lot was created by platting of Benedict Estates Planned Development District (PD 85-60), and was later amended to Stone Grove Addition in 1993 (PD 93-29). Accessory buildings are not specifically addressed in the PD, and therefore are subject to the standard regulations of the 1985 Zoning Ordinance. ZBOA Commission Meeting June 14, 2004 Page 4 of 5 The owner of the subject lot recently initiated construction of an accessory building within the rear yard. The accessory building is two-story and will reach to a height of 18 feet. Section 26.3 of the applicable Zoning Ordinance states that"an accessory building is restricted in height to 15 feet or the height of the main structure, whichever is less." The main residence is a two-story structure, the height of which is approximately 36 feet. No electricity, water or sewerage will be provided to the accessory building. Thompson reviewed the history of the project stating that the applicant initially applying for a variance in March. City Staff reviewed the plans and determined that no variance was required. A building permit was then issued and construction of the accessory building began. The applicant framed and partially sheathed the accessory building at an approximate height of 18 feet. A citizen complaint was made to the City that the building was too high and was a visual nuisance to traffic along Stone Road. Upon review of the plans and research of the Ordinance by Staff, the applicant was informed to stop construction and apply for a variance. The variance request is an increase of 3 feet or 20% above the height allowed by code. Chairman LeBaron opened the Public Hearing. Kevin Belew, 513 South Foxwood Lane, represented the property owner, stated that initial construction plans submitted specifically stated that the accessory building to be 17 feet in height rather than the allowed 15 feet, and an application for a variance was submitted. One week after a submission for a variance, an employee of the City of Wylie called and said that a variance was not required and a building permit had been issued. The Building Official called after the accessory building was partially constructed, stating that there was a height restriction of 15 feet, and a variance application was required. The construction of the accessory building was stopped when the second variance application was submitted. Mr. Morman questioned Mr. Belew if the building was actually two-story or open all the way from the floor to the roof so as to be defined as single-story. Mr. Belew stated that an additional foot was added after the construction of the building began, which made the building 18 feet, and it was clearly two-story with a separation sub floor and a stairwell. The initial first floor is 9 feet and then from the sub floor of the second floor to the actual top of the barn type rafters is an additional 9 feet. The first floor is initially designed for a work shop, and the second floor designed for storage. ZBOA Commission Meeting June 14, 2004 Page 5 of 5 Mr. Morman questioned the square foot inconsistency on the building permit and the actual building floor area just described. Mr. Johnny Bray, Building Official, stated that the foot print is 16 by 20, which is 320 square feet, but both floors are considered on the permit application. Therefore, the building is 640 square feet, which requires another variance because the maximum allowed square footage is 600 square feet for an accessory building. Mr. Belew acknowledged an error on his part of not specifying that the building would be two-story. The second floor will be removed, which will make the total building 320 square feet, and complying with the maximum floor area size. Ms. Herrera questioned the ability to have a work shop with no electricity in the accessory building. Mr. Belew stated that an electrical cord would be extended temporarily from the pool area that is 12 feet from the building. Ms. Herrera questioned the value of the accessory building as stated on the building permit. Mr. Belew stated that majority of the building supplies were donated and he and family are doing the construction, and the amount of money spent out-of-pocket up to this point is $2,000 as stated on the building permit. Bray stated that the value of the accessory building is reasonable, with construction by the applicant and no utilities or toilet facilities. Mr. John Jackson, 1022 West Foxwood Lane, neighbor of the subject property spoke in favor of the accessory building. Chairman LeBaron closed the Public Hearing. Ms. Herrera stated that builders and developers, who are familiar with the construction process, should be held to a higher standard of knowledge and performance than that of layman citizens. Ms. Jourdan said that residential accessory buildings should meet the code by height and square foot requirements and there is little reason for hardship exceptions. A motion was made by Mr. Alexander, and seconded by Mr. Henry, to GRANT the variance. Motion failed 2 —5. Due to lack of an alternate motion, the variance was DENIED. ZBOA Commission Meeting June 14, 2004 Page 6 of 5 ADJOURNMENT With no further business to discuss, a motion was made by Mr. Morman, and seconded by Mr: Alexander, to adjourn the meeting at 8:45PM. tLayne LeBaron I hairman Ma Bra y, Secretary