09-25-2000 (Zoning Board of Adjustment) Minutes MINUTES
ZONING BOARD OF ADJUSTMENTS
WYLIE MUNICIPAL COMPLEX
2000 Highway 78 North, Wylie, Texas 75098
Business Meeting
September 25, 2000
7:00pm
A quorum was present and notice was posted in the time and manner required
by law.
Members Present: Staff Members Present:
Gerald Clark, Chairman Claude Thompson, Planner
Marilyn Herrera Fern Casteel, Secretary
Derek Green
Weldon Bullock
Mike Phillips, Alternate
Absent:
Jeff McCoy
CALL TO ORDER
Chairman Gerald Clark called the Meeting to order at 7:00 p.m.
CONSENT AGENDA ITEM
1. Consider and Act upon the minutes from the last BOA meeting (May 24,
2000).
A motion to approve was made by Marilyn Herrera and seconded by
Derek Green.
A vote was taken and passed 5-0.
PUBLIC HEARING ITEMS
1. ZBA No. 2000-03: Hold a public hearing to consider and act upon a
request from Choice Homes, Inc. for a variance from a platted front
building line from 30 feet to 27 feet to allow construction of a single family
residence, located at 109 Cloudcroft Drive, and being all of Lot 5, Block A,
of the Southplace Estates, Phase I Addition, City of Wylie, Collin County,
Texas.
Representative for Choice Homes, Kent Lytle, 5630 Highway 78,
Sachse, Texas requested a variance to build a home at 109 Cloudcroft.
The house cannot be relocated further back on the lot due to a 50-foot
easement on the rear and a 30-foot building line on the front the garage
portion would be over the front building line by three feet. Choice Homes
had started to build this home on a larger lot at 99 Cloudcroft, but that lot
was need by the City for right of way to widen Ballard Street and was
purchase by the City. Mr. Turner the buyer is not interested in a smaller
house plan and a variance is required to accomplish this.
Claude Thompson, Planner, stated that the 27- foot building line would
meet the 25-foot required front of the zoning ordinance, but conflicted with
the 30-foot setback on the subdivision plat.
A motion to approve was made by Weldon Bullock and seconded by
Marilyn Herrera. A vote was taken and passed 5-0.
2. ZBA No. 2000-04: Hold a public hearing to consider and act upon a
request from Mark Clark for a variance to Section 26 (1) of the Zoning
Ordinance for an accessory building, to allow a stand alone accessory
building, located at 200 S. Cottonbelt Avenue, and being all of Lot 10,
Block 12 of Keller's 2nd Addition, City of Wylie, Collin County, Texas.
Representative, Mark Clark, 14815 County Road 550, Farmersville,
Texas wants to build a 30-foot by 30-foot garage on a vacant lot at 200
Cottonbelt. It is Mr. Clark's intention to use the garage for storage while he
rehabilitates the house at 202 Cottenbelt. He then plans to build a house
at 200 Cottenbelt and use the garage for that purpose. When asked how
soon a house will be built on the lot, Mr. Clark stated there is no specific
date. It is Mr. Clark hopes that he will be able to start building a house
within one year.
Commissioner Bullock stated he is concerned that there is no time
frame as to when a new house will be built on the lot at 200 Cottonbelt.
And it would present a problem if a garage was built there and no house
was ever built.
Mr. Clark stated that the building of a house is dependent on the selling of
the property at 202 Cottonbelt, (which is owned by the same person).
Commissioner Phillips stated that an application for a Single Family
Dwelling could be submitted with the garage as an accessory building.
The building permit is good for 180 days. The house would have to be
built or it would be a code violation. But, with no specific time frame to
control it, this request is for a stand-alone structure only. Regardless of
whether a house is built or not there would be a code enforcement
violation if there were a stand-alone structure house.
Claude Thompson stated Mr. Clark should understand that he could not
lease or rent the structure for someone else's use; it is for his use only.
This case is unique because he owns the property next door and he could
accomplish the same thing by replatting the two properties.
Mr. Clark was asked if he had any plans for the building materials that will
be used in the building of the garage or the house? Most of the houses
are wood or wood and brick. Mr. Clark said that he does not know at this
time what types of materials will be use in building of the garage or a
house.
L. C. Thompson, 401 Elliott, Mr. Thompson lives across the alley from
this property. This area is zoned residential. At this time there is a
business being run out of this location. He is being awakened two or three
times a week because of this business. (Mr. Clark confirmed that he has a
concrete business.) Mr. Thompson feels if this is a residential area a
business should not be run from this residence. Business vehicles have
knocked down his fence. He feels if Mr. Clark is allowed to build this
garage it will be used for his business. At this time this vacant lot is being
used as a parking lot for business vehicles and storage lot for all business
materials. Mr. Thompson is in favor of Mr. Clark building a house and later
a garage but does not want a garage to be built there without a timetable
for building a house. Mr. Thompson is not in favor of granting this
variance.
Vicki Thompson, 401 W. Elliott, she states there are construction
workers there in the mornings using forklifts and moving building
materials. They are building beams for use elsewhere other than the
remodeling of the house. They have cars that do not run and also trucks
that are for sale. She does not like having this construction business next
door to her residence.
Asked if the construction materials stored there are being used for the
remodeling of the house, Mr. Clark stated that a lot of it is not. Mr. Clark
stated he does use the lot for storage of his construction equipment and
sometimes drops sand there because he uses it in his business, and does
have vehicles there that do not run. He has received notice from the City
that there was too much trash on the property and the vehicles could not
be parked on the grass. He built a pad to park a vehicle on, and wants to
build a fence around the entire lot, but is still waiting for his permit to build
the fence. He does realize this area is zoned residential.
The board requested that Mr. Clark submit a site plan to show that the
garage and a house of the size he proposes will fit on the lot with the
required setbacks for the SF-3 zoning.
A motion to table the request until the applicant could supply the additional
information was made by Weldon Bullock and was seconded by Marilyn
Herrera. A vote was taken and denied 2-3. ANL
Chairman asked for a motion to approve the variance. one made a
motion to approve.
Request for variance is denied.
A motion to adjourn was made by Mike Phillips and seconded by Derek
Green. A vote was taken and passed 5-0.
Gerald Clark, Chairman ern Casteel, Secretary