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05-23-2005 (Zoning Board of Adjustment) Minutes MINUTES Zoning Board of Adjustment City Council Chambers, Wylie Municipal Complex 2000 Highway 78 North Wylie, Texas 75098 Monday, May 23, 2005 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: Weldon Bullock Mary Bradley Jeff Ellis Renae 011ie Marilyn Herrera Claude Thompson Mitch Herzog Linda Jourdan Layne LeBaron Jan Sargent CALL TO ORDER Chairman LeBaron called the meeting to order at 7:10 p.m. CONSENT AGENDA 1. Consider and act upon approval of the Minutes of the April 23, 2005 Meeting. A motion was made by Ms. Herrera, and seconded by Ms. Sargent, to approve the minutes as submitted. Motion carried 7—0. SWEARING IN OF ADJUDICANTS Mary Bradley, Secretary, administered oath. ZBOA Commission Meeting May 23, 2005 Page 2 of 6 PUBLIC HEARING 1. Hold a public hearing to consider and act upon a request by Beverly Dempsey- Moody for a variance to Section 4.(1)(a) of Planned Development No. 2000-20 and section 11.3(1)(c) of the 1985 Zoning Ordinance to reduce the required rear yard from the required 25 feet to 15 feet, this property being located at 1901 Water Fall Way, Lot 36, Block D of the Cascades Phase 1 Addition. (ZBOA Case No. 2005-10). Ms. 011ie stated that the subject property was created in July of 2002 with the platting of Phase 1 of the Cascades Estates Addition. The property was developed according to the special regulations of Planned Development District 2000-20 requiring a rear yard setback of twenty-five (25) feet. The rear yard measures 25 feet deep and approximately 192 feet wide at the rear property line. A portion of the rear and eastern side yard contains a fifteen feet sewer easement, providing extra space to the sideyard but restricting the location of structures. The property faces north, with the back door receiving full exposure of the southern afternoon sun. The back door of the residence opens onto a paved patio which measures 10 feet by 10 feet. The applicant desires to construct a shade covering over the paved patio to provide shade to the wall and to the opening as well as provide protection to the back door from damage (i.e., water damage, warping, mold and mildew). The patio covering will be attached to the rear wall and measures 10 feet in depth by 50 feet in length, extending into the required rear yard a distance of 10 feet. The covering will therefore be 15 feet from the rear property line, or a variance of 40 percent from the required setback. Public comment forms were mailed to eighteen (18) property owners, and two comment forms returned favoring and one neither favoring nor opposing the request. The residence was constructed at the rear building line of 25 feet from the rear property line, and this placement does not allow sufficient space for the desired covering within the allowed building pad and thus creates a hardship. The patio cover will be constructed of composite shingles to match the roof of the main structure and will not be visible from a street. Chairman LeBaron opened the public hearing. ZBOA Commission Meeting May 23, 2005 Page 3 of 6 Jerry Terry, 5555 E Mockingbird Lane, Suite 3402, Dallas, Texas, general contractor for the applicant, stated that a mistake was made by the property owner by building a plastic covering without a permit. The covering will be replaced with composite shingles to match the roof and guttered along the sides. Chairman LeBaron closed the Public Hearing. A motion was made by Mr. Ellis, and seconded by Ms. Jourdan, to GRANT the variance with understanding that the covering be guttered and shingled to match the residence. Motion carried 7 —O. 2. Hold a public hearing to consider and act upon a request by Joe Tolleson for a variance to Section 2.5.4.b of the Zoning Ordinance to reduce the setback requirement for Accessory Buildings (Barns & Stables) in Agricultural Districts from the required fifty feet to ten feet (one side only), this property being located at 1036 S. Kreymer (ZBOA Case No. 2005-11). Ms. 011ie stated that the subject property is zoned Agricultural and is located east of Kreymer Road and approximately 2,160 feet south of Brown Street. The lot fronts on 4.416 Kreymer a distance of 110 feet and is 1,992 feet in depth, totaling approximately 5 acres. The applicant is requesting that the side yard that faces north be reduced by forty feet to allow for a 1,200 square feet accessory building (barn). The Zoning Ordinance stipulates that Accessory Buildings shall not be located within fifty feet of any property line. The requested variance is 20 percent of the required setback on the north. The narrow width of the subject property prohibits the compliance of the required fifty feet setback on each side yard. Although the applicant will meet the required set back on the south side, the north side can not be met. Public comment forms were mailed to five (5) property owners within 200 feet of the subject property, no comment forms have been returned. Although agricultural in character, the subject lot is only 109.36 feet wide. The north side of the accessory building will be 10 feet from the northern property line, encroaching 40 feet into the required setback or a variance of 80 percent of the required 50 feet side yard. The south side of the accessory building will be 69.36 feet from the southern property line, complying fully with the setback. A single family residential dwelling is being constructed to the south, but the property to the north is vacant. ZBOA Commission Meeting May 23, 2005 Page 4 of 6 The accessory building will be constructed of steel framing and metal siding. Barns and stables may be constructed of any siding material. Chairman LeBaron opened the public hearing. Joe Tolleson, 1036 S. Kreymer, property owner of the subject property, stated that the northern side has a natural approach with existing rock road, which the accessory building would fit at the end of the road. There is no fence around the property. The intent of the accessory building is to house equipment used for farming and maintenance of the property. Mr. Bullock questioned the location of the building. Mr. Tolleson stated that the building could be placed directly in front of the end of the drive but would take up a majority of the back yard, and additional approach to the building would be needed. Some variance would be needed no matter where the building is located; the property is 110 feet wide. If the building was placed within the center of the property, a variance of 15 feet on each side would be required. Chairman LeBaron closed the Public Hearing. A motion was made by Mr. Ellis, and seconded by Ms. Jourdan, to GRANT the variance with the stipulation that there is 30 feet minimum setback on each side. Motion carried 7-0. 3. Hold a public hearing to consider and act upon a request by Melissa & Ray Hulse for a variance to Section 2.5.4.e(1) of the Zoning Ordinance in order to allow the use of wood and glass in lieu of masonry — Accessory Buildings Exterior Wall Finish, this property being located at 304 Harvest Bend Drive, Lot 14, Block A of the Harvest Bend Addition. (ZBOA Case No. 2005-12). Ms. 011ie stated that the subject property was platted in May of 2000 as Lot 14, Block A of the Harvest Bend Addition. The property was developed according to the regulations of the Single-Family-3 (SF-3) Residential District of the 1985 Zoning Ordinance. However, with the adoption of the 2001 Zoning Ordinance, the property was rezoned to Single-Family 8.5/17. The applicant desires to construct a 10 feet by 8 feet (80 square feet) accessory building/sun shed in the rear yard of the subject lot, and is requesting a variance to the 75% masonry requirement. The building will be constructed of treated wood and glass panels. Ms. 011ie stated that the glass panel walls/roof could be considered masonry. The wood material presents the major variant from the code. ZBOA Commission Meeting May 23, 2005 Page 5 of 6 The proposed accessory building has already been purchased by the applicant. The applicant states that the prefabricated structure is not designed to withstand the weight of masonry or hardy plank covering. Therefore, the applicant is requesting a variance to waive the requirement of exterior masonry on the sun shed. The shed is factory-primed and ready to paint, which when painted will match the color of the residence. The shed will not be visible from the street and an eight foot tall fence will be installed. The proposed accessory building will comply with all setback requirements of the current zoning ordinance. Chairman LeBaron opened the public hearing. Ray Hulse, 304 Harvest Bend Drive, property owner of the subject property, stated that the building will be placed upon concrete blocks with trailer ties, the height will be nine (9) feet and two (2) inches. A vacant field is adjacent to the back of the property. The siding will closely resemble hardy plank and a portion will be glass. Chairman LeBaron closed the public hearing. A motion was made by Ms. Sargent, and seconded by Ms. Jourdan, to GRANT the variance. Motion carried 6— 1, with Ms. Herrera voting in opposition. MISCELLANEOUS Thompson addressed the board regarding siding requirements for accessory buildings, in relation to several requests for variance of the rules. The exterior materials for accessory buildings 120 feet to 300 feet must be made of the same masonry content as the main structure or some composite masonry façade material. Masonry has an air space between the masonry wall or installation wall, whereas if masonry composite materials are used, it is suppose to have an air space but quite often it does not. The material might qualify by the Building Official, but the installation process may not which causes water or some other type of damage to develop between the installation process and exterior material. Thompson stated that the Planning and Zoning Commission is currently considering revisions to the Zoning Ordinance, and recommended that the Board Members review and the accessory buildings requirements. In making revisions to the Zoning Ordinance, the Commission will review any input received by the Board Members. ZBOA Commission Meeting May 23, 2005 Page 6 of 6 ADJOURNMENT With no further business to discuss, a motion was made by Ms. Sargent, and seconded by Mr. Herzog, to adjourn the meeting at 8:20PM. 1 0A-..„..S,61/1-0\C4j)(2)- Layne LeBaron Chaylrman ary racOsy, Secretary h l,-i ac.c Q. 0\0-0, �'