01-13-1983 (Zoning Board of Adjustment) Minutes BOARD OF ADJUSTMENT
PUBLIC HEARING
JANUARY 13, 1983
7:00 P.M.
The Wylie Board of Adjustment met at 7 :00 p.m. on January 13, 1983 in the
Council Chambers at City Hall . A quorum was present and notice of the meeting
had been posted at the time and manner required by law. Board of Adjustment
members present were Chairman Joe Fulgham, Vice Chairman John Seeley, Judy
Brewster, Mike McAnnaly, and Albert Harrison. Members Bryant Barry and Ken
Mauk were absent. Also present were Director of Public Works Brian Cowan,
City Planner J.T. Dunkin, Council members Geline Dodd, Reta Allen, and Percy
Simmons; Catherine McAnnaly, David Engelmann, Don Kreymer, Bill Kreymer,
Tim Hemingway and Melvin St. John.
The City of Wylie Planning & Zoning Commission opened the meeting as the
Board of Adjustment to consider a request for variance to allow 26 apartment
units on 1.17 acres of land located at the corner of Oak and N. Fifth Street.
Chairman Joe Fulgham advised the Board that no responses, pro or con, were
received from property owners within 200 feet of the apartment site. Also,
there was no person in attendance in opposition nor was there further public
comment.
Mr. Mike McAnally asked the Board why it was even considering a request for
a variance at which point Mr. Tim Hemingway, a principal in the development,
related the permit procedure and review process of this complex and other
multi-family projects, which must meet City ordinances-and since the density of
30 units per 1 .17 acres on the original plot plan exceeded the ordinance of
a maximum of 15 units per 1 .0 acre, a variance was requested.
Mr. McAnally further indicated he had four main objections to the apartment
complex which were: 1) density of apartment units, 2) lack of fire protection,
3) increased traffic on Fifth Street and 4) the lack of pavement on Oak Street
from Fifth Street to the Oaks Addition.
Brian Cowan responded by informing the Board that 1) the Board of Adjustment
was in session to consider a variance on the density, 2) a joint cooperative
effort to install a six (6.0) inch water main from Fourth Street to the Oaks
Addition providing a loop water supply for the Oaks Addition, additional water
for the proposed apartments and a fire hydrant, donated by the apartment
developers, to be installed at Fifth and Oak to provide fire protection.
3) Yes, there would be increased traffic and 4) the section of Oak Street from
Fifth Street to the Oaks Addition would be improved through joint effort.
Mr. Cowan informed the Board no certificate of occupancy will be issued until
the water line and fire hydrant are installed and no building permit would
be issued unless the submitted plat plan met all City ordinances.
Chairman Joe Fulgham informed that the Board was to consider the variance
concerning density and the front yards, rear yards, and side yard require-
ments not in compliance would have to conform to City ordinances and should
be attended to by the developer and City staff.
A brief discussion followed.
Judy Brewster made a motion to grant the variance for the increased density
with a second by John Seeley. Judy Brewster, John Seeley, and Albert Harrison
voted for the variance with Mike McAnally voting against it. Motion passed.
At this time, Chairman Joe Fulgham adjourned the Board of Adjustment meeting.
Page 2
City Planner J.T. Dunkin briefly explained to the Board the purpose and
responsibilities of the Board of Adjustment.
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