05-17-1994 (Zoning Board of Adjustment) Minutes MINUTES
The Board of Adjustments Commission met in a Business Meeting on May 17, 1994, at 7:00 p.m. in the
Training Room of the Wylie Municipal Complex, located at 2000 Hwy. 78 North, Wylie, Texas 75098. A
quorum was present and a notice was posted in the time and manner required by law.
COMMISSION MEMBERS PRESENT: Chairman Gerald Clark, Ray Capley, Marilyn Herrera, Robin
Messer and Michael Cole.
ABSENT: Jeff Payne
STAFF MEMBERS PRESENT: Inspectors, Wayne Morman and March Coover and Secretary, Kirsten
Fresh.
PUBLIC HEARING
ITEM NO. 1: Hold Public Hearing and consider an appeal from Donna and Charles Beeler Jr. to the decision
of the Building Official requiring the installation of landscaping to be incorporated into the building site and
structure currently permitted at 141 Kristen Ln. Chairman Clark opened the Public Hearing. Charles and
Donna Beeler, owners of the business at 141 Kristen Ln., spoke in favor of the appeal. They showed pictures
of landscaping of adjacent properties and of the landscaping already in place at 141 Kristen Ln. The lot is
in compliance of the "backyard" and tree requirements of the Iandscaping ordinance but they are
approximately 800 sqft. short on the required "front yard"ground cover. The Beelers then stated that the area
in question of ground cover is currently being used as parking area. This parking area is gravel with limestone
below it. They also stated that to take out the gravel and limestone completely would be very expensive and
that ground cover may not live due to limestone being there previously. The Board advised the Beelers that
in order for them to make a ruling in their favor they must first have to prove hardship and claiming that
compliance would be too expensive does not qualify. The Board also explained, what other properties have
done in the past or currently have in place can not have any bearing on how they rule on current issues.
Chairman Clark explained that the Beelers argument for the appeal did not meet any of the provisions the
Board is allowed in order to grant the appeal. Chairman Clark then closed the Public Hearing. Chairman
Clark asked for a motion, none was made. Chairman Clark then explained that in the absence of a motion
the appeal is denied. He, also, explained that any appeals to the decision of the Board of Adjustments are
to be filed with the District Court within 10 days.
ADJOURN: A motion was made by Ray Capley and seconded by Marilyn Herrera to adjourn. Motion
passed, all in favor (5 votes). Chairman Clark adjourned the meeting.
Respectfully Submitted:
Chairman, Gerald Clark Kirsten Fresh, Secretary