Loading...
11-20-2000 (Zoning Board of Adjustment) Minutes MINUTES ZONING BOARD OF ADJUSTMENT City Council Work Session Conference Room Wylie Municipal Complex 2000 Highway 78 North, Wylie, Texas 75098 November 20, 2000 7:00 p.m. Notice was posted in time and manner required by law, and a quorum was present. Commission Members Present: Staff Members Present: Gerald Clark, Chairman Claude Thompson, Planner Weldon Bullock Derek Green Marilyn Herrera Jeff McCoy Present But Not Participating or Voting: Mike Phillips, Alternate CALL TO ORDER Chairman Gerald Clark called the meeting to order at 7:00 p.m. CONSENT AGENDA 1. Consider and act upon approval of the Minutes of the November 250 2000 Meeting. A motion to approve was made by Jeff McCoy, second by Derek Green. Motion carried 5-0. PUBLIC HEARING 1. ZBA No. 2000-06: A public hearing to consider and act upon a request by Larry G. Taylor for a variance to Section 11.3(c) of the Zoning Ordinance to reduce the required rear yard set back from 25 feet to 17.9 feet, in order to allow construction of an addition to a private residence within the rear yard; this property being located at 201 South Third Street, being Lot 10, Block 29 of the Railroad Addition. Larry Taylor, Applicant, 201 South Third Street, Wylie, Texas appeared requesting a reduction of the required back yard building line from 25 feet to 17.9 feet in order to construct an addition to the existing house. The applicant will reside in the expanded residence with the parents who currently live there. He testified that plans for the addition had been approved by the City of Wylie Building Inspection Department and a permit to begin construction had been issued by the City. Foundation forms and plumbing have been completed, but that construction was stopped by City Inspectors when the Form Survey indicated that the construction extended into the rear yard set back. He said that he had earlier checked yard requirements with the Building Inspection staff and the plans had been stamped "approved". Chairman Clark asked if the applicant knew of the required set back of 25 feet and thought that staff had approved the variant dimension. Mr. Taylor responded that he thought that the plans and initial construction was in compliance. Mr. Thompson, Planner, reported that one Comment Form has been received, and that it was in favor of approval of the variance. He stated that initial plan review by staff had failed to see the dimension which clearly indicated that the construction would not meet the rear yard requirements, but that the plans had been stamped "approved for construction subject to field inspection and code compliance". He said that the applicant is responsible for knowing the code requirements and building accordingly. It is his understanding that prior to submittal of plans the applicant asked staff about the side yard requirement and was provided that information, but that he had not asked about other requirements and staff assumed that such was known by the applicant and would be in compliance. Mr. McCoy asked if the Board review was not an attempt to avoid admitting a mistake by the City staff, and if the error could be corrected or approved in some manner other than Board action. Mr. Thompson responded that the applicant is responsible for being aware and complying with all code requirements and that such information is readily available in printed form. In this case, staff answered the limited questions of the applicant correctly, but these courtesy discussions can not address all of the many code requirements. Compliance with set back requirements is normally verified by review of Form Surveys rather than initial plans, as it was in this case. Staff does not have authority to approve plans or work which is in error, and only the Board of Adjustment can approve such variances. However, because staff felt the applicant had acted in good faith, the fee for Board review had been waived. A motion to approve was made by Marilyn Herrera, seconded by Jeff McCoy. Motion carried 5-0. 2. ZBA No. 2000-07: A public hearing to consider and act upon a request by Gregory and Michelle Morrical for a variance to the requirements of Planned Development District 93-29 restricting garages which face or open to the street, in order to construct a detached garage to replace the attached garage converted to a residential room, this property being located at 300 South W. A. Allen Boulevard, being Lot 1, Block G of the Stone Grove Phase 1 Addition. Lonnie Townsend, 6309 Joel Court, Rowlett, Texas, represented the applicant, explaining that the applicants wish to enclose the attached garage in order to provide a room for a homebound parent. They desire to construct a new detached garage to the west of the residence. The front yard circular drive and wide side yard drive accommodates most vehicles to the residence. City staff stopped construction to convert the existing garage and disapproved plans for the proposed side yard garage. The applicant submitted plans which indicate a garage in the rear yard in order to continue conversion of the attached garage, and that plan was approved. However, the applicants still want to locate the detached garage in the side yard because the rear location is less accessible and more costly, and in order to save existing trees and improvements and open space within the back yard. He provided photographs of the proposed side-yard location, and reported that there are other front-loaded garages within the subdivision. Mr. Thompson circulated photographs of the subject property, and responded that there was a change in grade between the side yard and rear yard where the approved plans indicate location of the garage. He said that the street-facing restriction was not a City-wide requirement but rather specific to the Planned Development District by the developer, and that staff had observed no other front-loaded garages within the PD. Section 32.2(5) requires a concurring vote of 75 percent of the members present in order to reverse decisions by the Building Inspection Department. A motion to approve was made by Derek Green, seconded by Marilyn Herrera. The vote failed 2-3, Board members Clark, Bullock and McCoy voting no. The applicant requested specific reasons for the denial. In summarizing the Board's discussion, Chairman Clark stated that the City-approved plan satisfies the PD and eliminates a need for a variance, that the requested variance would confer a right on the applicant which is not available to other lots within the PD, and that the reason for the variance is self-imposed and not the result of a hardship imposed by the property as demonstrated by the approved plan and the testimony of the applicant. There was no further discussion. ADJOURNMENT A motion to adjourn was made by Derek Green, seconded by Jeff McCoy. Motioned carried 5-0. Meeting adjourned at 7:45 p.m. P,q / Gerald Clark, Chairman Claude Thompson, Plan er