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09-11-1995 (Zoning Board of Adjustment) Minutes Zoning Board of Adjustments MINUTES The Board of Adjustments Commission met in a Business Meeting on September 11, 1995, at 7:00 p.m. in the Council Chambers 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: Ray Capley, Gerald Clark, Emily Hartwig, Marilyn Herrera and Jeff Payne-late. ABSENT: James Smith - excused and Robin Messer - unexcused. STAFF MEMBERS PRESENT: Building Inspector, March Coover (Mike Phillips absent), Technical Coordinator, Lisa Price, and Secretary, Rebecca Rogers. SWEARING IN: Ray Capley and Gerald Clark were sworn in by City Secretary, Susan Shuler. ELECTION OF OFFICERS: Ray Capley nominated Gerald Clark as Chairman, seconded by Emily Hartwig. All in favor (3 votes), motion carried. PUBLIC HEARING ITEM NO. 1: Hold Public Hearing to consider an appeal from Melissa Abbott to the decision of the Building Official denying the elimination of a sidewalk required to be built on Industrial Court adjacent to the proposed Cornerstone Private School which is located at 120 N. Birmingham Street and further described as Lot 1 of the Cornerstone Private Addition. Melissa Abbott was present to speak for the variance. Would like to ask that the sidewalks on Birmingham Street be allowed to be 4 ft. wide instead of 5 ft. wide due to a telephone pole and guide wire (pictures were shown). March Coover, Building Inspector, stated that a relatively new ordinance required these sidewalks to be 4 ft. wide instead of 5 ft. wide and therefore, no variance was needed for this portion of Ms. Abbott's request. The request to eliminate the sidewalk requirement for Industrial Court was then presented. There are no existing sidewalks along Industrial Court. Ray Capley questioned staff about if the sidewalk is required what does that do to landscaping? March Coover stated that sidewalk and landscaping are two different issues. If the sidewalk is not required then you could not require additional landscaping and if the sidewalk is required they still must meet the minimum requirements for landscaping. Gerald Clark asked if the city has a position on this. Mr. Coover replied that Ordinance 78-23 requires the variance to go before the board, that staff is not able to make a decision on this. Mr. Clark questioned if letters were sent out to notify residences within 200 ft. returned; the Industrial against -no reason listed. Emily Hartwig asked there would be a fence on Ct. side and Melissa Abbott replied that once the building was completed there would be fencing around everything except in the parkin of building area. Jeff hadrenyne gare auest'nd Ms. oned if there would be the 4 ft. sidewalk in the front where the Abbott replied in the affirmative. Marilyn Herrera asked if the Industrial Court area was completely built and it is. Gerald Clark stated that because Jeff Payne was not sworn in, he would not be able to vote. Motion was made by Marilyn Herrera to grant the variance, seconded by Emily Hartwig. All in favor (3 for, 1 against-Ray Capley) - variance denied. Jeff Payne asked if he could get sworn in, no Notary Public present. Further discussion. Jeff Payne stated that he doesn't see a need for the sidewalk going down Industrial Court. Ray Capley questioned what type of planting would be placed there in if there is no sidewalk. Ms. Abbott replied that they would be putting sod down and shrubbery. No final decisions have been made at this time as to the type of shrubbery. There will be a wrought iron fence on that side. They urthepdiscu lion, no change landscaping inv ote, variance amount of concrete on the property. Nof denied. ITEM NO. 2: Hold Public Hearing to consider approval of a request from Bonita Menard for a variance to the front setback requirements of the Comprehensive Zoning Ordinance in SF-3 to allow for a building encroachment of 0.7' over the 30' front building line of a residence located at 1209 Surrey Circle, homeowner, er describewas present to speak foras Lot 29, tock the D of the Eastridge Addition. Melissa Peal, variance. Three surveys had been done and only one had shown that the house was 0.7' over the building line(bathroom window). Gerald Clark questioned the city as to why this wasn't caught when the house was built. March Coover replied that at the time that this house was built, the city did not require form surveys and errors were made that were not always easily seen. We are currently requiring form surveys. 13 notifications were sent out to property owners within 200 ft., 1 returned in favor. March Coover noted that this particular house had a 30 ft. building line and the zoning, which is SF-3, only required a 25 ft. building line. The City has to follow the most restrictive zoning. Motion was made by Ray Capley to approve variance, seconded by Emily Hartwig. All in favor (4 in favor). Variance was approved. Melissa Peal Cla k stated that a vaked if there would eiance has been granted whenever d and decided to sell the house and Gerald should be part of the title search. DISCUSSION ITEM ITEM NO. 1: Discuss and consider approval for the Building Official to write letters in lieu of variance petitions for existing residences with minor encroachments into required setbacks. March Coover stated that because the City did not require form surveys on new housing, every time a house is a little bit over the building line, it will be required to come 2 before the Zoning Board of Adjustments for a variance every time. Mr. Clark asked what the proposed dimensions were. Mr. Coover responded that Mike Phillips, Building Official, t. and he had discussed 3 ft. (on a 25 ft. requirement) on front and rear� front and 3 ft.etbacks and 1 in on the side yard setbacks. Ray Capley had some concerns about rear for a total of a 6 ft. variance. March Coover expressed that the board could set other limits that they felt would be more in line, such as 2 ft., etc. There was discussion among the board members regarding the amount of the encroachment that would be permitted for the Building Official to approve or deny. This would be on existing homes at this time. Mr. Coover did not foresee current homes being built having this problem because the City is requiring form surveys. Ray Capley asked if this proposal is approved, would it go before City Council for approval? March replied in the affirmative. Gerald Clark requested that the City draft a letter to be reviewed at the next Zoning Board of Adjustments meeting, with the maximum encroachment being 2 ft. front or rear setback and the side yard setback totaling 1 ft. March Coover made note that if you get any closer than 3 ft. with a projected overhang in the side yard, it could be in violation of the Building Code without protecting that projection from fire. In lieu of waiting for the next Board of Adjustments meeting (none scheduled for anytime in the near future), a letter was mailed out to all board members with the above listed encroachment limitations for the Building Official to write a letter in lieu of a variance petition for existing structures with a minor encraochment of a required building line (see attached). Seven were mailed, t on that these varianc n were returned. ll seven es were members approved the conditions of the letter with the add for existing structures only (see attachments). ADJOURNMENT A motion to adjourn the meeting was made by Marilyn Herrera and seconded by Ray Capley. All in favor (4 votes). Motion passed. Respectfully submitted, Gerald Clark, Chairman Rebecca Rogers, S cretary ' qtr p.m. 12:00 Minutes filed on 9/12/95 @ } t r as €„ ,r �' ,.,�.,,� �¢ 4 3 ti 3 0 ..