12-17-2001 (Zoning Board of Adjustment) Minutes MINUTES
ZONING BOARD OF ADJUSTMENT
City Council Chambers Wylie Municipal Complex
2000 Highway 78 North, Wylie, Texas 75098
December 17, 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 Mary Bradley
Gerald Clark Terry Capehart
Dennis Gibbons Claude Thompson
Marilyn Herrera
Layne LeBaron
Wayne Morman
CALL TO ORDER
Chairman Clark called the meeting to order at 7:00 p.m.
CITIZEN PARTICIPATION
No one was present to speak.
CONSENT AGENDA
1. Consider and act upon approval of the Minutes of the November 26, 2001
Meeting.
A motion was made by Mr. Morman and seconded by Mr. Gibbons to approve the
minutes as written. Motion passed 6—0.
PUBLIC HEARING
1. ZBA No. 2001-07. Hold a public hearing to consider and act upon a request by
Hanif Akuly for the following variances of the City of Wylie Zoning Ordinance in
order to allow continuation of operation of a motor vehicle fueling center at 503
State Highway 78 at West Kirby Street, and being Tract 5 of the E.C. Davidson
Survey, Abstract No. 267, City of Wylie, Collin County, Texas.
ZBOA
November 26, 2001
Page 2 of 3
a. Section 18.3(1)(a) — variance of the front yard building setback from the
required 20 feet to 19 feet
b. Section 18.3(1)(b) — variance of the side yard building setback from the
required 10 feet to 3 feet
c. Section 18.3(1)(c) — variance of the rear yard building setback from the
required 20 feet and an alley to 5 feet and no alley
d. Section 25.2(7) — variance of the setback of gas pumps from the front
property line from the required 18 feet to 7 feet
e. Section 24.3(15) — variance of off-street parking from the required 10
required for the retail store and 4 required for the gas pumps to 14 total
This item was tabled at the November 26, 2001 meeting of the Board in order to allow
the applicant time to provide additional information to the Building Official concerning
the maintenance of the legally nonconforming status on the property.
Thompson stated that at the time of the posting for the meeting, the additional
information from the applicant was not provided to the Building Official. However, at
4:00 p.m. on December 17, 2001, the applicant's attorney, Mr. Robert J. Rockett, faxed
additional information to the Planning Office. Thompson reviewed the history of the
property, stating that the State Department of Transportation paid for a portion of the
property in 1996 for inclusion within the widening of State Highway 78 and West Kirby
Street. The staff interpreted the same action compensated the owner, for damages to the
property of losses to the business that was directly caused by the property taken. The
specific comment stated that the fuel storage area had been rendered unusable and the
access to the gas pumps had been substantially impaired and all items associated with
gasoline sales were compensated. The State of Texas further ruled that convenience store
could not survive without gasoline sales and so the owner was compensated 100 percent
for building improvements and site improvements.
Thompson stated that the property has never been platted and will ultimately have to be
platted. The owner now wishes to re-open the convenience store or the gas pump
operation and the Building Official has ruled that the owner has lost nonconforming
status because the owner failed to remain open for a period of six months.
Mr. Surya Niayala, 13447 N. Central Expressway, Dallas, Texas, Store Manager and
represented the applicant, stated that the subject store was not closed, and that the
electricity was never turned off to the store. Ms. Herrera asked for explanation how the
store could be opened. Mr. Niayala stated that an employee worked for several hours
everyday but no patrons could enter into the entryways of the property due to the State
ZBOA
November 26, 2001
Page 3 of 3
Highway expanding the highway. Mr. Niayala further stated that there were no sales tax
receipts. Ms. Herrera questioned about the concern of the people backing up out of the
entryway onto Highway 78. Mr. Niayala stated that the intent is to open another
entryway onto West Kirby Street. Mr. Morman questioned if there was room for a fuel
truck. Mr. Niayala stated that the business would have to stop operating while the fuel
truck was filling the gas pipes. Thompson explained in detail a drawing of the property
provided by the applicant, stating that a fuel truck would be the only vehicle in the
parking area.
Discussion ensued regarding the interpretation from the Court that awarded the owner for
damages to the property done by the State Highway on February 27, 1997. Following the
discussion, Ms. Herrera asked if a convenience store could be opened without the sales of
gasoline. Thompson stated that the same variances would be requested for the side, front
and rear yards and parking spaces. Dale Jackson, Building Official for the City of Wylie,
stated that the building would have to comply with current codes.
Motion was made by Mr. Morman, seconded by Mr. Bullock, to DENY the variance due
to hazardous situation. Motion passed 5 —O.
ADJOURNMENT
A motion was made by Mrs. Herrera, seconded by Mr. Gibbons to adjourn. Meeting was
adjourned at 7:40 p.m.
A
Gerald Clark, Chairman M B dley, Secretary