02-12-1996 (Zoning Board of Adjustment) Minutes Zoning Board of Adjustments
MINUTES
The Board of Adjustments Commission met in a Business Meeting on February 12, 1996,
at 7:10 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: James Smith, Marilyn Herrera, Ray Capley,
Gerald Clark, and Emily Hartwig.
ABSENT: Robin Messer and Jeff Payne - both excused.
STAFF MEMBERS PRESENT: Director of Community Development - Mike Phillips,
Technical Coordinator - Lisa Price, Chief of Fire Department - Shan English and
Secretary - Rebecca Rogers.
ACTION ITEMS
ITEM NO. 1: Consider approval of the Minutes of the September 11, 1995 Regular
Business Meeting. A motion was made by Ray Capley and seconded by Marilyn Herrera
to approval the Minutes as typed. Motion was passed, all in favor - 5 votes.
ITEM NO. 2: Discuss and Clarify approval to allow the Building Official to approve or deny
any variance request for existing structures for minor encroachments of the required
building line on corner lots for the side yard up to 2'. Mike Phillips, Director of Community
Development explained that staff had been contacted by a real estate person with an
example that Staff forgot, the exterior side yard on a double fronted (corner) lot. Mr.
Phillips requested to extend the side yard on a corner lot to 2 feet as with the front and
rear setbacks because the side yard setback is similar to the front and rear yard setback.
The board had expressly given Staff a one foot side yard allowance. Chairman Clark
questioned if the Board had decided that the total of the front and rear should not exceed
two feet and Mr. Phillips replied that this was correct. Mr. Phillips stated that the Plano
Building Official wrote these letters all the time and he can't remember one instance where
it encroached on both sides or front and rear setbacks, it is typically one or the other.
Chairman Clark questioned if staff was requesting to delete the one foot side yard setback
encroachment. Mr. Phillips replied that Staff did not want to delete the one foot side yard
setback encroachment, but wanted to add the two foot side yard setback encroachment
for corner lots because the corner lot side yard setback is the same as the front yard
setback. There is not any danger with the encroachment interfering with the visibility
triangle because the minimum width on a side yard is twenty (20) feet and some of the
older subdivisions are platted with a twenty-five (25) foot building line for the side yard.
Chairman Clark asked if staff would send another letter out or approve it tonight. Mr.
Phillips replied that we could send another letter out if that was the Board's preference.
A motion was made by Ray Capley and seconded by Emily Hartwig to approve the building
line encroachment request as requested by the Building Official up to two foot on exterior
sides of houses on corner lots. Motion passed, all in favor- 5 votes.
PUBLIC HEARING
ITEM NO. 1: Hold Public Hearing to consider approval of an appeal from Mike Belt to the
decision of the Building Official denying the elimination of a rear yard dedicated alley or
private drive to be constructed at 500 W. Kirby Street, and further described as Lot 2D of
the Moussa Switzer Addition. Chairman Clark opened the Public Hearing. Mike Belt, of
Rt. 2, Box 10N, Rockwall, Texas 75087 was present to speak on his behalf. Mr. Belt
stated that he was going to build a 4,800 sq. ft. retail building. In the application process
he learned that he needed a dedicated alley or private drive at the rear of the building.
The only reason that Staff could come up with for this drive was for Fire Department
access. Mr. Belt, Mr. Phillips and Chief English met and discussed sprinkling the building
instead of having the private drive/dedicated alley. Mr. Belt did not see the purpose of
sprinkling the building and having to provide the private drive/dedicated alley because
further retail construction is planned for the future which would make the dedicated
alley/private drive unnecessary. Mike Belt provided a copy of the entire proposed
development for the Board members to review and discuss. James Smith questioned if
the 20 foot setback was a requirement for the Fire Dept. and Mr. Phillips replied that was
a requirement of the Zoning Ordinance. Mr. Smith stated that if you include Mr. Belt's
mechanical units, it encroaches into the twenty feet. Mr. Phillips replied that this was true,
but if the building was sprinkled those units could be moved to another area. Mr. Belt
showed on the plans where the mechanical could also be placed. A fire exit will be
provided. Mr. Capley asked if the City had any objections to these plans. Chief English
replied that they preferred for the building to be sprinkled and that they didn't really have
any use for the private drive/dedicated alley. Mr. Capley questioned if sidewalks would
be provided and Mr. Phillips replied that sidewalks are required along the front of his
property (Kirby Street). A motion was made by James Smith to approve an appeal from
Mike Belt to the decision of the Building Official denying the elimination of a rear yard
dedicated alley or private drive to be constructed at 500 W. Kirby Street, and further
described as Lot 2D of the Moussa Switzer Addition, seconded by Ray Capley. Motion
passed, all in favor - 5 votes.
Chairman Clark asked if there was any other business. Mr. Capley had a question for Mr.
Phillips concerning the status of The Cornerstone Private School's request for a variance
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on their side sidewalk requirement (that had originally gone before the Board). Mr. Capley
questioned how the Planning and Zoning Commission ruled on this request. Mr. Phillips
stated that it had gone before the Board of Adjustments in error, that the 1993 Subdivision
Regulations specifically state that it should have gone before the Planning and Zoning
Commission. The old Subdivision Requirements which are in the Code of Ordinances has
the "Board" as the variance grantor and this is where the confusion came in. It was
assumed by several City employees that the "Board" referred to the Board of Adjustments.
The Planning and Zoning Commission ruled to approve the request to eliminate the side
sidewalk on Industrial Court. Mr. Capley asked if it was all zoned Industrial and Mr.
Phillips replied that it was all Industrial except for Cornerstone which had been rezoned
to Retail. Mr. Capley then questioned why there was a gymnastics school in Industrial and
Mr. Phillips replied that it is permitted. Anything that is allowed in "R", B-1" and "B-2" is
permitted in "I". Mr. Capley expressed concern in having children walking up and down
this street with no sidewalk. Mr. Phillips replied that no sidewalks were down Industrial
Court, it is all head in parking.
Chairman Clark requested that a memo be sent to Jeff Payne and Robin Messer stating
that they needed to see the City Secretary to get sworn in before the next meeting.
ADJOURNMENT
A motion to adjourn the meeting was made by Emily Hartwig and seconded by James
Smith. Motion passed, all in favor - 5 votes.
Respectfully submitted,
Gerald Clark, Chairman Rebecca Rogers, Seer-ary
Minutes filed on 2/13/96 @ 2:00 p.m.
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