04-08-1996 (Zoning Board of Adjustment) Minutes Zoning Board of Adjustments
MINUTES
The Board of Adjustments Commission met in a Business Meeting on April 8, 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: Jeff Payne, Marilyn Herrera, James Smith,
Ray Capley, Robin Messer, Emily Hartwig and Gerald Clark, Chairman.
ABSENT: All present.
STAFF MEMBERS PRESENT: Director of Community Development - Mike Phillips,
Technical Coordinator - Lisa Price and Secretary - Rebecca Rogers.
ACTION ITEMS
ITEM NO. 1: Consider approval of the Minutes of the February 12, 1996 Regular
Business Meeting. A motion was made by James Smith and seconded by Marilyn Herrera
to approval the Minutes as written. Motion was passed, all in favor - 7 votes.
PUBLIC HEARING
ITEM NO. 1: Hold Public Hearing to consider approval of an appeal from D.R.
Horton to the decision of the Building Official to grant a variance request from the City of
Wylie's Comprehensive Zoning Ordinance to allow a 2' variance off the 10' alley side
setback for property located at 105 Towngate, and further described as Lot 19, Block 1 of
the Westgate Phase I Addition. Public Hearing was opened by Chairman Clark. Nelson
Joulissant of D.R. Horton, 1901 Ascension Boulevard, Suite 100, Arlington, Texas 76006
was present to speak on the behalf of D.R. Horton. Mr. Joulissant stated that prior to 1991
the original zoning was for duplexes and they cut the density of that zoning by
approximately 60% and put in larger lots. In order to accommodate the larger lots, some
were made into oddball size lots. Besides Block 1, Block 9 also has 10 ft. setbacks which
were made to accommodate other concessions that were made to the alley setbacks. A
5' side yard setback is consistent throughout the neighborhood and the latest plat that was
accepted by the City shows that the alley's also have a 5' setback. Mr. Joulissant stated
that they felt like the 2' variance request was consistent with the new and existing
development. It also makes it possible for the homebuyers of this property to be able to
get a larger house for their family. If the variance request is not approved, a shotgun type
of plan that is much narrower would have to be built there and that wouldn't really fit with
the rest of the neighborhood. Ray Capley questioned if there were any houses already
built in the neighborhood like this one. Mr. Joulissant stated that their model house was
very similar to this, the garage and the family room were reversed. Jeff Payne asked if this
had a front garage entry and Mr. Joulissant responded that it did. Mr. Payne questioned
how many houses on that street had front garage entries and Mr. Joulissant stated that
none had the front entry, that they were "J" entries (the garage door does not face the
street). Mr. Capley stated that there are no houses exactly like this one in Westgate
Phase I subdivision, Mr. Joulissant replied in the affirmative. Mr. Payne asked if this
house was 1 or 2 stories, Mr. Joulissant responded that it was a 2 story house, a large
house approx. 2,620 sq. ft. Mr. Payne asked if the second story extended over the garage
and Mr. Joulissant replied that it did not. Mr. Capley reiterated that D.R. Horton was
requesting a 2' variance off the side alley setback but the drawing shows 6 1/2 ' and 8'.
What is the actual side alley setback being requested? Mr. Joulissant replied that they
were asking for a 2' variance that would make the side alley setback 8' instead of the
required 10'. Mr. Capley asked what the 6 1/2' setback marked on the drawing was and
Mr. Joulissant responded that was where the setback was located until they realized there
was a 10' setback. Mr. Capley also questioned if the 6 1/2' is what the foundations forms
were currently set. Mr. Joulissant stated that they were, but they would be re-trenching
and moving the forms if the variance was approved. Mr. Capley asked if the forms would
be moved to the left hand side and Mr. Joulissant stated that the forms would be moved
to the left(away from the side alley) to the 5' side yard setback and this would be 8' on the
right hand side instead of the 10' that is currently required(side alley side). Chairman
Clark asked for Staff input. Mike Phillips, Director of Community Development, replied that
the error was found in plan review and D.R. Horton's original inclination was to ask for 3
1/2', but since 5' side yard was the minimum allowed, Mr. Phillips suggested that D.R.
Horton move the house over so they would have to request 2' instead of 3 1/2'. Mr. Phillips
pointed out that the lot sizes are inconsistent in the Planned Development and that there
is a variety of alley setbacks from 15' to 5'. The majority of the houses that set next to
streets have 10' setbacks and the original assumption was that the alley next to 105
Towngate was going to be a street, but the plans for the development show that there are
no intentions for this to be a street, just an alley. The original plat doesn't detail the 10'
setback, just the wording in the ordinance. Chairman Clark asked if the Board would be
setting a precedent if they approved this variance request and Mr. Phillips replied that it
would not be setting a precedent in this development and that this side yard setback would
afford more minimum side yard than other lots with a similar situation. Chairman Clark
closed the Public Hearing and asked if the Board members had any questions. Marilyn
Herrera stated that this appeared to be a situation that was set up long before the current
Board members came on board. A motion was made to grant the variance as requested
by Marilyn Herrera and seconded by Robin Messer. Motion was passed, 5 in favor - 2
against (Ray Capley and James Smith).
2
ADJOURNMENT
A motion to adjourn the meeting was made by Jeff Payne and seconded by Emily Hartwig.
Motion passed, all in favor - 7 votes.
Respectfully submitted,
11-1-7
Gerald Clark, Chairman Rebecca Rogers, ecretary
Minutes filed on 4/9/96 @ 12:00 p.m.
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