01-29-2001 (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
January 29, 2001
7:00 p.m.
Notice was posted in time and manner required by law, and a quorum was present.
Board Members Present: Staff Members Present:
Weldon Bullock Claude Thompson, Planner
Marilyn Herrera
Jeff McCoy
Mike Phillips, Alternate
Board Members Absent:
Gerald Clark
Derek Green
CALL TO ORDER
Vice-Chairman Jeff McCoy called the meeting to order at 7:00 p.m.
CONSENT AGENDA
1. Consider and act upon approval of the Minutes of the November 20 2000
Meeting.
A motion was made by Herrera, second by Bullock, to approve the minutes with
correction of the date of the November meeting under the Consent
Agenda/Minutes item. Motion carried 4-0.
PUBLIC HEARING
1. 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. THIS IS A
REHEARING OF THE CASE HEARD AND DENIED ON NOVEMBER 20, 2000.
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ZBOA meeting
January 29, 2001
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Thompson reported that the applicant has requested a rehearing because it is
felt that issues related to the case were not properly represented at the earlier
meeting and that new information is available to support the request. He said
that he believes that the planning report and minutes accurately represent the
request and that staff has been provided with no additional information.
Lonnie Townsend, 6309 Joel Court, Rowlett, Texas, representing the applicant,
distributed a brief explaining the applicant's reasoning for requesting the
variance. Generally, it was stated that the Department of Building Inspection
gave misleading information which encouraged the applicant's representative to
believe that the front-facing garage was allowed and that preliminary construction
plans submitted for the garage were acceptable. The statement also argued that
the conditions allowing the Board of Adjustment to approve a variance are
satisfied: a) the lot's irregular shape, topography and curved front property line
are peculiar to the site and cause special hardship; b) literal interpretation of the
Code deprives the applicant of easily accessible garage without lose of trees or
other aesthetic values; c) these conditions are a result of natural and platting
characteristics of the land rather than the applicant's actions; and d) other front-
facing garages have been constructed within the PD. A video tape was provided
to support these arguments.
Owner/applicant Greg Morrical, 300 South W.A. Allen, testified that the Stone
Grove area was no longer a planned community as anticipated by the
requirements of the Planned Development District, and that his location was
separate from the remainder of the subdivision and had no visual relation to the
PD community. Hence, compliance with the requirements of the PD were not
applicable. He reported that his neighbors have stated their support for the street
facing garage. McCoy asked if the applicant had petitions or other
documentation of the neighbors' support. Thompson reported that one comment
form had been returned in favor of the request. Morrical said that he had no
additional documentation of support.
Phillips stated that he felt that the request was not a hardship and was self-
imposed. He also noted that the staff report states that a violation of the rear
yard setback which has not been properly advertised will be created if the Board
approves the request. Thompson responded that he believed notification and
advertisement would allow Board approval.
A motion to approve was made by Herrera, seconded by McCoy. The vote failed
3-1, Phillips voting no.
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ZBOA meeting
January 29, 2001
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Morrical stated that he believed that the vote favored approval of the request,
especially when combined with the vote of the previous hearing. In response to
discussion of what level of vote is required to approve a variance, Thompson
read Section 211.009.9(c) of the Texas Local Government Code and Section
32.2(5) of the Wylie Zoning Ordinance and concluded that an affirmative vote of
75% of the entire Board was required to approve the variance. .M6 oy stated
that the applicant's next point of appeal is the State District Court.T/O,. o,„
There was no further discussion.
2. A public hearing to consider and act upon a request by Tim and Robbie Bennett
for a variance to Section 22.394 of the City of Wylie Code of Ordinances
prohibiting front fences within residential districts, this property being located at
595 and 601 Parker Road (F.M. 2514), being Tracts 24 and 40 of the W. Penny
Survey, Abstract 696.
Applicant Tim Bennett, 601 Parker Road, testified that he planned to construct a
wood picket fence, no higher than four feet along the front property line in order
to keep his young children from being endangered by the increasing traffic along
Parker Road. He said that the requested front-yard fence was in keeping with
the rural, agricultural character of the area (as could be seen in photographs
circulated by Thompson).
Bullock expressed doubt that the fence alone will keep children away from the
roadway. Bennett stated that he agreed, and that he intended the fence as
visual limits and a beginning for training the children.
There was no further discussion.
Motion to approve was made by Phillips, seconded by Bullock. Motion passed 4-
0.
ADJOURNMENT
A motion to adjourn was made by Phillips, seconded by Bullock. Motioned carried 4-0.
Meeting adjourned at 8:17 p.m.
(,/
cCo ce-Chairman au Thompson, Pla er
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