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11-13-1997 (Zoning Board of Adjustment) Minutes Minutes of the Zoning Board of Adjustments The Zoning Board of Adjustments met in a Called Business Meeting on November 13, 1997 at 7:10 p.m. in the Council Chambers of the Wylie Municipal Complex, located at 2000 Highway 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, Marilyn Herrera, Ken Ryburn, Denise Mays, and alternates Jeff McCoy (voting member)and Weldon Bullock. ABSENT: Emily Hartwig- excused STAFF MEMBERS PRESENT: Mike Phillips - Building Official and Rebecca Rogers - Secretary. ACTION ITEMS ITEM NO. 1: Consider approval of the Minutes of the November 10, 1997 Regular Business Meeting. A motion was made by Marilyn Herrera, seconded by Ken Ryburn, to accept the minutes as presented. Motion carried, all in favor(5). PUBLIC HEARING ITEM NO. 1: Hold a Public Hearing to consider an appeal from Metroplex Multifoods, Inc. for a variance from the City of Wylie Zoning Ordinance"Sign Regulations"which requires a 20-foot maximum height for a general business pole sign. Chairman Clark opened the Public Hearing. Kenneth Durrett, 714 El Paso Street, Jacksonville,Texas was present to speak on behalf of Metroplex Multifoods. Mr. Durrett passed out pictures of the flag test that was conducted at 40 ft. and stated that 40 ft. was needed due to the visibility. Location, visibility and signage are all factors that make for a successful business, since they had a poor location and visibility from the highway, increased signage was necessary. When questioned about the use of a billboard along the highway, Mr. Durrett stated that Taco Bell has not had much success with billboards in the past. Illumination would not exceed 40 watts because the property is next to a residential neighborhood. Mr. Durrett stated that this would not be the biggest sign in Wylie, nor would it be the smallest. No signs could be placed at the Exxon because a fire lane surrounds it. This site would not be a viable location if the variance is not granted. Majority of business would be local and a small percentage would be passing through traffic. Larry Johnson,628 Stoneybrook Drive(owner of 805 Memorial Drive)and Nora Weyand, 2 Creekside Lane, were present to speak against the variance request for the following reasons: 1) no need to depart from the ordinances, 2) the property is very close to residential 3) there are vacant lots available elsewhere where a variance would not be required and 4) aesthetics. They would like to see Taco Bell come to Wylie. Henry Martinez, 2121 Quail Creek, Wylie was present to speak in favor of the variance request. He feels that no business wants to come to Wylie because it is too restrictive and that the city needs a business tax base to grow. Chairman Clark stated that 3 of 20 notices had been returned, 2 in favor, 1 opposed. Motion to deny variance was made by Marilyn Herrera, seconded by Denise May. Motion carried, all in favor(5). Variance denied. 1 ITEM NO.2: Hold a Public Hearing to consider an appeal from Metroplex Multifoods, Inc. for a variance from the City of Wylie Zoning Ordinance"Sign Regulations"which require a maximum allowed area pf 60 square feet for a general business pole sign. Kenneth Durrett stated that without the height variance approval there was really no point in having a larger sign. Larry Johnson, 628 Stoneybrook Drive, spoke again against the variance, that the ordinances are in place for a purpose and would really like to see Taco Bell come to Wylie. Variance was denied due to the lack of a motion. ADJOURNMENT A motion was made by Jeff McCoy, seconded by Denise Mays, to adjourn the meeting. Motion carried, all in favor(5). Respectfully submitted, Gerald Clark, Chairman Rebecca Rogers, Secretary Minutes filed on 11/14/97 at 11:30 a.m. 2 :_ _ 1 Crty of Wylie CITY OF WYLIE NOTICE OF BOARD ORDER Notice is given to: Kenneth Durrett c/o Metroplex Multifoods 101 E. Cherokee Street Jacksonville, Texas 75766 Certified Letter No: P 275 135 301 Concerning the property located at: 625 West Kirby Street, Wylie, Texas Abstract 267, E.C. Davidson Survey, Tract 7 Be advised that the Wylie Zoning Board of Adjustments has considered the evidence and testimony relevant to the above location and determined: • Your request for a variance from the City of Wylie Zoning Ordinance "Sign Regulations" which requires a 20-foot maximum height for a general business pole sign has been denied. This Order concerning this property is effective the 14th day of November, 1997. You may appeal this Order within ten(10) days. Paul M. Phillips, Building Official 2000 Highway 78 North•Wylie. Texas 75098•(972)442-8100• Fax (972)442-4302 reitiet !Lo_Wylie CITY OF WYLIE NOTICE OF BOARD ORDER Notice is given to: Kenneth Durrett c/o Metroplex Multifoods 101 E. Cherokee Street Jacksonville, Texas 75766 Certified Letter No: P 275 135 301 Concerning the property located at: 625 West Kirby Street, Wylie, Texas Abstract 267, E.C. Davidson Survey, Tract 7 Be advised that the Wylie Zoning Board of Adjustments has considered the evidence and testimony relevant to the above location and determined: • Your request for a variance from the City of Wylie Zoning Ordinance "Sign Regulations"which requires a maximum allowed area of 60 square feet for a general business pole sign has been denied. This Order concerning this property is effective the 1461 day of November, 1997. You may appeal this Order within ten (10) days. Paul M. Phillips, Building Official 2000 Highway 78 North •Wylie.Texas 75098•(9721 442-8100• Fax (972) 442-4302