10-21-1996 (Zoning Board of Adjustment) Minutes Zoning Board of Adjustments
MINUTES
The Board of Adjustments Commission met in a Called Business Meeting on October 21,
1996, at 7:05 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, Ray Capley, Emily Hartwig,
Gerald Clark, Denise Mays (alternate) and Ken Ryburn (alternate).
ABSENT: Marilyn Herrera - excused.
STAFF MEMBERS PRESENT: Director of Community Development - Mike Phillips,
Planner- Kelley Shaw and Secretary - Rebecca Rogers.
SWEAR IN NEW MEMBERS AND ELECT OFFICERS
New members were sworn in prior to the start of the meeting. Gerald Clark was
nominated for Chairman by Ray Capley, seconded by Emily Hartwig. Motion passed,
all in favor (6). James Smith was nominated for Vice-Chairman by Ray Capley,
seconded by Emily Hartwig. Ray Capley was nominated for Vice-Chairman by James
Smith, seconded by Emily Hartwig. Tie vote (3-3), Ray Capley declined nomination.
James Smith elected new Vice-Chairman.
ACTION ITEMS
ITEM NO. 1: Consider approval of the Minutes of the April 8, 1996 Regular Business
Meeting. A motion was made by Ray Capley and seconded by James Smith to approve
the Minutes as written. Motion was passed, all in favor - 5 votes.
PUBLIC HEARING
ITEM NO. 1: Hold a Public Hearing and consider an appeal from Prima Care for a
variance in regards to the decision of the Building Official denying a permit for a wall sign
that exceeds the maximum allowable forty (40) square feet wall coverage as per adopted
sign regulations. Prima Care is located at 791 Highway 78 South, Wylie, Texas.
Chairman Clark opened the Public Hearing. Elizabeth Sanborn, 108 Grace Lane, Terrell,
Texas, spoke on the behalf of Sign Art and Prima Care. Ms. Sanborn stated that due to
the surrounding terrain, the setback from the road, the type of facility (emergency) and that
the location was not a historical site, Sign Art and Prima Care were requesting a larger
sign than allowed by ordinance. The sign proposed is 6' x 23' (139 sq. ft.) and the
ordinance states "Wall signs shall not exceed forty (40) sq. ft. or the product of two (2)
times the lineal footage of the wall area available to such signs or store frontage for which
signs are intended, whichever is lesser." Multiply the lineal footage (145 ft.) times two
which is 290 ft. Sign Art is only asking for 139 sq. Ft. Wylie has allowed larger signs such
as Brookshires, Eckerd's and the Big A Auto Parts. Discussion followed regarding
grandfathered signs, possible use of existing monument sign, pole sign, etc. The sign
would be replacing the existing sign for Dr. Trimble. This would be the only sign marking
the building.
Yvonne Upton, Director of Operations for Prima Care, stated that the sign they want to use
is the standard sign for all Prima Care facilities. It provides great visibility for the public.
Ms. Upton stated that Prima Care would probably not do the monument sign because the
wall sign would provide the needed visibility. Chairman Clark asked if any notifications
were returned, 4 mailed out - none returned. Chairman Clark closed the Public Hearing
and designated Denise Mays as the voting alternate. Mr. Capley questioned the request
for sign variance which stated Prima Care was requesting an increase of 18.75 sq. ft. and
are now requesting a sign that is 139 sq. ft. which is a 99 sq. ft. difference. Mr. Shaw
stated that the application had been amended to request the larger size so that it is the
same as all of Prima Care's locations. A motion was made by Ray Capley to deny an
appeal from Prima Care for a variance in regards to the decision of the Building Official
denying a permit for a wall sign that exceeds the maximum allowable forty (40) square feet
coverage as per adopted sign regulations, seconded by Denise Mays. Motion carried, all
in favor (5), request denied.
ADJOURNMENT
A motion to adjourn the meeting was made by James Smith and seconded by Emily
Hartwig. Motion passed, all in favor- 5 votes.
Respectfully submitted,
0 •( j t �` Z�1
Gerald Clark, Chairman Rebecca Rogers, Sec�arry
Minutes filed on 10/22/96 @ 10:30 a.m.
2
/V}
October 22, 1996
Elizabeth Sanborn
Sign Art/Prima Care
7515 Greenville Avenue, LB515
Dallas, Texas 75231-3831
Dear Ms. Sanborn:
On Monday, October 21, 1996, the Zoning Board of Adjustments met and considered an
approval of a request from Prima Care/Sign Art for a variance in regards to the decision
of the Building Official denying a permit for a wall sign that exceeds the maximum
allowable forty (40) square feet wall coverage as per adopted sign regulations for Prima
, Care located at 791 Highway 78 South, Wylie, Texas.
They voted unanimously against the appeal (5 votes) and your request has been denied.
If you have any questions regarding this decision, please contact Mike Phillips, Building
Official or Kelley Shaw, Planner at (972) 442-8150.
Pursuant to Local Government Code Section 211.011, a petition must be presented within
ten (10) days after the decision is filed in the boards office. This petition is to be filed with
the District Court. You may contact the District Court at (972) 424-1460.
Sincerely,
Rebecca Rogers
Community Development Secretary
cc: certified mail
Mike Phillips
Kelley Shaw