07-22-2002 (Zoning Board of Adjustment) Minutes MINUTES
ZONING BOARD OF ADJUSTMENT
City Council Chambers Wylie Municipal Complex
2000 Highway 78 North, Wylie, Texas 75098
July 22, 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:
Eric Alexander Mary Bradley
Weldon Bullock Terry Capehart
Marilyn Herrera Claude Thompson
Layne LeBaron Dale Jackson
Board Members Absent:
Gerald Clark
Dennis Gibbons
Wayne Morman
CALL TO ORDER
In the absence of the Chairman, Board member LeBaron acted as chair and called the
meeting to order at 7:20 p.m.
CITIZEN PARTICIPATION
No one was present to speak.
CONSENT AGENDA
1. Consider and act upon approval of the Minutes of the June 3, 2002 Meeting.
Motion was made by Ms. Herrera, seconded by Mr. Bullock, to approve the minutes as
submitted. Motion carried 4 — O.
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 interior side
yard from the required ten feet between structures to nine and seven tenths feet,
this property being located at 3100 Kingsbrook Drive and being Lot 17, Block D
of the Sage Creek Phase VI Addition. (ZBOA Case No. 2002-07.)
ZBOA Commission Meeting
July 22, 2002
Page 2 of 4
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 Development Standards approved with the PD state no specific
dimensions for the internal side yards but rather require a minimum separation of ten
feet between structures. The property was platted as the Sage Creek Phase VI
Addition and residential construction initiated in November of 2001.
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 5 feet from the
property line and the neighboring residence was placed 5.5 feet from the property line,
apparently achieving the PD required ten feet between structures. However, after
construction was completed, the final survey indicates that the subject house is actually
located only 4.2 feet from the side property line and therefore only 9.7 feet from the
neighboring structure. This represents a violation of 3.5 inches, or three percent, from
the required ten feet.
Matt Holland, Ashton Woods, 13800 Montfort, Dallas, Texas, representing the
homebuilder for the subject property, stated that the difference of the side yard is on the
east side yard.
In reviewing all of the other lots surveyed by the original surveyor, which are
approximately 80 houses, there were many errors. However, only the subject property
and one other house require a variance from the established PD requirements. The
Board approved a variance for the other house last month. Herrera questioned how
many additional houses will require a variance. Holland stated that there will be no
more as all of the other houses are within the requirements even if built with erroneous
dimensions.
The Board members questioned if the residents on either side will know of the correct
dimension and location of the property line when fences are constructed. Dale Jackson,
Building Official, explained how the property lines are now divided and stated that the
residents will not know of the old error unless they pull up the original survey from City
files.
Motion was made by Mr. Alexander, seconded by Mr. Bullock, to grant the variance.
Variance was granted 4 — 0.
ZBOA Commission Meeting
July 22, 2002
Page 3 of 4
2. Hold a public hearing to consider and act upon a request by Scott Silvis of Fox
and Jacobs Homes for a variance to Section 27.20(c) of the Zoning Ordinance
(Sign Ordinance) in order to permit an off-premises development sign for the
Cimarron Estates Phase I Addition, this property being located on State Highway
78 at Anson Parkway. (ZBOA Case No. 2002-08)
Thompson stated that Cimarron Estates is a residential subdivision which was platted
and construction initiated in April of 2002. The subdivision is located approximately
580 feet south of new State Highway 78 North, and accessible from S.H. 78 only by
Anson Parkway. The City permitted and the applicant erected at S.H. 78 and Anson a
sign promoting the development, on property that is not part of the subdivision.
Thompson stated that regardless of its location, the subject sign is permitted only
temporarily, as the Sign Regulations limit the duration of such signs until the project is
90 percent completed.
No one was present to represent the request.
Motion was made by Mr. Bullock, seconded by Mr. Alexander, to table the request until
the next scheduled meeting due to the applicant not being present. Motion passed 4 -
0.
3. Hold a public hearing to consider and act upon a request by Scott Silvis of Fox
and Jacobs Homes for a variance to Section 27.20(c) of the Zoning Ordinance
(Sign Ordinance) in order to permit an off-premises development sign for the
Birmingham Farms Phase 2A Addition, this property being located on West
Brown Street (F.M. 3412) at Sanden Boulevard. (ZBOA Case No. 2002-09)
Thompson stated that the Birmingham Farms Phase 2A is a residential subdivision
which was platted and construction initiated in June of 2002. The subdivision is located
approximately 800 feet north of West Brown Street, and accessible from Brown Street
only by Sanden Boulevard. The applicant did not apply for a permit for the sign and
when the City noted the error, the applicant requested a variance.
No one was present to represent the request.
Motion was made by Mr. Bullock, seconded by Ms. Herrera, to table the variance until
the next scheduled meeting due to the applicant not being present. Motion 3 — 1, Mr.
LeBaron opposing.
ZBOA Commission Meeting
July 22, 2002
Page 4 of 4
4. Hold a public hearing to consider and act upon a request by Ron Johnson for a
variance to a platted building line and Section 19.3(1)(c) of the Zoning Ordinance
in order to decrease the required rear yard setback from twenty feet to ten feet,
this property being located at 640 West Brown Street (F.M. 3412) and being Lot
59R, Block E, of the Point North Addition. (ZBOA Case No. 2002-11)
Thompson stated that the subject property is platted and developed under the previous
Zoning Ordinance, which required a rear yard setback of twenty (20) feet for
nonresidential construction when abutting residential uses. The property is developed
for Childrens' day care.
In December of 2001, zoning of the property was changed to Neighborhood Services,
which requires a rear yard of ten (10) feet. The form survey indicated that the slab of
the new building had been constructed 10.7 feet from the property line, but also
indicated the platted 20 feet building setback line as "subject to change upon approval
from City". The subject request for a variance is intended to reconcile the discrepancy
between the zoning requirements and the platted building line and to validate the rear
yard setback as constructed.
Development on the abutting property to the west (also a multi-building day care facility)
complies with the previous 20 feet rear yard setback. Properties across the alley to the
north are zoned and developed for single-family residential uses, and the property to the
west is the WISD elementary school.
Thompson stated that a letter was received via facsimile from a representative of the
applicant, requesting to table the case until the next Board meeting due to the applicant
being out of town.
Motion was made by Ms. Herrera, seconded by Mr. Bullock, to table the request at the
applicant's request until the next scheduled meeting. Motion passed 4 — 0.
ADJOURNMENT
Motion was made by Mr. Alexander, seconded by Ms. Herrera, to adjourn the meeting
at 8:10 p.m. Motion passed 4 — 0.
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Axe,. (i
Layne LeBaron, Acting Chairman Ma Br dley, Secret-ry
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