06-03-2002 (Zoning Board of Adjustment) Minutes MINUTES
ZONING BOARD OF ADJUSTMENT
City Council Chambers Wylie Municipal Complex
2000 Highway 78 North, Wylie, Texas 75098
June 3, 2002
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
Wayne Morman
Layne LeBaron
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 February 25, 2002
Meeting.
Motion was made by Mr. Gibbons, seconded by Ms. Herrera, to approve the minutes as
submitted. Motion carried 6 — 0.
PUBLIC HEARINGS
1. Hold a public hearing to consider and act upon a request by Matt Holland of
Ashton Woods Homes for a variance to the Development Standards of the
Planned Development District (PD 99-09) in order to decrease the corner side
yard from the required fifteen feet to nine and seven tenths feet, this property
being located at 3001 Kingsbrook Drive and being Lot 24, Block C of the Sage
Creek Phase VI Addition. (ZBOA Case No. 2002-05)
Thompson stated that the subject property was established by Planned Development
District (PD 99-09) in 1999 with special development requirements differing from the
City Code. The property was platted as the Sage Creek Phase VI Addition and
residential construction initiated in November of 2001.
ZBOA Commission Meeting
June 3, 2002
Page 2 of 4
The Development Standards approved with the PD stated no specific dimensions for
the internal side yards but rather will require a minimum separation of ten feet between
structures. A side yard adjacent to a street shall not be less than fifteen feet, even
when that side yard is across from a front yard.
When the foundation of the residence on the subject property was constructed, the form
survey, intended to verify such required dimensions and prepared by a State licensed
Land Surveyor, erroneously indicated that the building was placed 15.3 feet from the
street side property line and 5.5 feet from the interior side property line. However, after
construction was completed, the final survey indicates that the house is roughly
centered on the lot and is actually 9.7 feet from the street side property line and 10.9
feet from the interior property line. The builders, contractors or City inspectors
depended on the erroneous survey and never caught the error. The street side yard,
therefore, does not comply with the setback required by the PD. The requested
variance will provide a street side yard of 9.7 feet, rather than the required 15 feet,
which is a variance of 5.3 feet or 35.3 percent.
Matt Holland, Ashton Woods, 13800 Montfort, Dallas, Texas, represented the
homebuilder for the subject property, stated that upon final completion of the house, a
different company performed the final survey and notified Ashton Woods with the
correct measurements. Since that time legal proceedings have been issued against the
original surveyor.
In reviewing all of the lots surveyed by the original surveyor, which is approximately 80
houses, there were many errors. However, currently only two (2) houses will require a
variance from the established PD requirements. The other house will be requesting a
variance of inches and not feet like the subject property.
Herrera questioned the length of time for catching the error and why the builder did not
eyeball a five (5) foot error earlier. Holland stated that it is reasonable to assume such
a mistake should have been obvious, but this was the first house on the block allowing
no visual reference points for comparison. The final survey is performed when a fence
is built and the fence posts become the common points and could be measured by
contractors. However, due to trust in the state licensed surveyor, the contractor failed to
double-check the property lines until the final survey revealed the error.
Herrera questioned the number of other houses surveyed by the original surveyor,
which may also be in error. Holland responded that roughly 50 that are not under
construction and 30 lots that are under construction currently. All other corner lots
under construction have been checked and require no variance. Holland stated further
that if a variance is considered necessary, on the lots currently under construction, the
variance would be inches to the interior side yards and not feet.
ZBOA Commission Meeting
June 3, 2002
Page 3 of 4
Thompson stated that as the subject property stands right now, this is a legally non-
conforming structure. Upon closing, the lender normally catches the errors of the
building lines not correctly measured. This property is under PD Conditions which are
different from normal requirements of the Zoning Ordinance and that is why the City
inspectors did not catch the error when inspecting the house. The City inspectors
cannot as easily keep track of special PD requirements as closely as they can for a
subdivision following the standard Zoning Ordinance.
Board members questioned the consequences of not approving the variance.
Thompson stated that the structure would remain vacant because a certificate of
occupancy would not be granted and that the house would remain a non-conforming
structure, until the error is corrected by partially or totally rebuilding the house.
Motion was made by Mr. LeBaron, seconded by Mr. Morman, to grant the variance.
Variance was granted 5 — 1, Mr. Bullock voting against the variance.
2. Hold a public hearing to consider and act upon a request by Gary Todd Watkins
for a variance to Sections 11.3(1)(a) and 11.3(b) of the Zoning Ordinance in
order to decrease the front yard from the required twenty-five feet to twenty-one
feet and the street side yard from the required twenty feet to sixteen feet, this
property being located at 200 South Cottonbelt Avenue and being Lot 10, Block
12 of the Keller's Second Addition. (ZBOA Case No. 2002-06)
Thompson stated that the subject property is platted and was previously occupied by a
house, and the applicant is proposing to build a new single-family residence. The
proposed residence is 1,922 square feet, with garage and porch making the house
approximately 2,700 square feet. Two mature trees exist on the lot, and the applicant is
requesting adjustment of the required setbacks for the front and side yards in order to
save the trees. There is an 11.8-inch diameter Pecan tree within the interior side yard,
and a 14.3-inch diameter Oak tree within the street side yard.
Thompson stated that the requested front yard variance will allow the residence to be
constructed 21 feet from the front property line rather than the required 25 feet, a
variance of 4 feet or 16 percent. The requested side yard variance will allow the
residence to be constructed 16 feet from the side property line rather than the required
20 feet, a variance of 4 feet or 20 percent.
Gary Watkins, 202 S. Cottonbelt, Wylie, Texas, represented the applicant of the subject
property, stated that the proposed residence will be a two-story house with rear-entry
garage. Watkins stated that his parents own the property and will live there.
ZBOA Commission Meeting
June 3, 2002
Page 4 of 4
Commissioners commended saving the trees in the area as an asset, and building a
newer home in the area would encourage redevelopment.
Motion was made by Mr. LeBaron, seconded by Mr. Morman, to approve the variance.
Motion passed 6 — 0.
WORK SESSION
1. Review by Mr. Capehart and Mr. Gibbons of the recent NCTCOG training
session and discussion of various procedural matters of the Board.
Gibbons discussed the training session, emphasizing the trouble that the Board of
Adjustment could get into. He warned that the Board should make sure that all
guidelines for approving a variance are followed, as following the legal process can be
challenged in court whereas judgments of individual community taste and desires
cannot. Thompson stated that Staff would continue to provide statements of fact for
each case, should the Commissioners desire additional detail or procedure, the
Commissioners need to inform the Staff.
Clark encouraged of each member of the Board to attend such training at the North
Central Texas Council of Government in Arlington Texas.
Gibbons stated that Conflict of Interest was also stressed and Board members must
consider their involvement in each request presented to the Board. Thompson
reviewed the State Law for Conflict of Interest and grounds for a Board member to be
eligible for a Conflict of Interest, and pointed out that forms are available from the
Secretary should members want or need to execuse themselves from a discussion
because of a Conflict.
ADJOURNMENT
Motion was made by Mr. Gibbons, seconded by Mr. Bullock, to adjourn the meeting at
8:20 p.m. Motion passed 6 — 0.
.4.t7 (;�C�,.� I cam. &DA
Gerald Clark, Chairman ry adley, Secrry