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08-26-2002 (Zoning Board of Adjustment) Minutes MINUTES ZONING BOARD OF ADJUSTMENT City Council Chambers Wylie Municipal Complex 2000 Highway 78 North, Wylie, Texas 75098 August 26, 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 Gerald Clark Terry Capehart Dennis Gibbons Claude Thompson Wayne Morman Dale Jackson Marilyn Herrera Layne LeBaron Board Members Absent: Weldon Bullock CALL TO ORDER Chairman Clark called the meeting to order at 7:05 p.m. CITIZEN PARTICIPATION No one was present to speak. CONSENT AGENDA 1. Consider and act upon approval of the Minutes of the July 22, 2002 Meeting. Motion was made by Mr. LeBaron, seconded by Mr. Alexander, to approve the minutes as submitted. Motion carried 6 — 0. ZBOA Commission Meeting August 26, 2002 Page 2 of 8 PUBLIC HEARINGS 1. 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) TABLED from the July 22, 2002 Meeting Thompson stated that the City permitted and the applicant erected a sign at S.H. 78 and Anson Parkway, which promotes the development of the Cimarron Estates single-family residential subdivision. The subdivision is located approximately 580 feet south of State Highway 78 North, and accessible from S.H. 78 only by Anson. However, the property where the sign is located is not part of the subdivision, therefore is not in compliance with the Sign Ordinance which does not allow off-premises signs. The applicant contends that a sign located on land within the Cimarron Estates subdivision could not be seen by traffic along S.H. 78, and desires the sign to be located at S.H. 78 in order to attract the attention of more potential home buyers. The applicant constructed Anson Parkway as access to the Cimarron Estates subdivision and dedicated its right-of-way to the City of Wylie, with no other provision for placing the sign at the S.H. 78 location. 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 complete. Dale Jackson, City of Wylie Building Official, stated that the project is only 10 to 15 percent complete at this time. Mr. Morman questioned the size of the sign located on the subject property. Scott Silvis, Fox and Jacobs Homes, 9229 LBJ Freeway, Suite 100, Dallas, Texas, represented the applicant for the sign, stated that the sign is 96 square feet on each side, which is the maximum size allowed. Board Members questioned the reason for permitting the sign. Dale Jackson, Building Official for the City of Wylie, stated that staff understood the sign was located on the applicants' property when the permit was issued, and questioned the location and ordered the sign removed when it appeared to be constructed on City right-of-way. Silvis responded that a relationship between Fox and Jacobs and the previous owner of the property was developed and a temporary easement for signage from the owner was recorded by instrument other than the plat. Jackson stated that the permit should not have been issued on any location. The sign ordinance states the sign cannot be erected off premises of the platted subdivision. ZBOA Commission Meeting August 26, 2002 Page 3 of 8 Mr. Clark opened the public hearing, but no one appeared to speak. Mr. Clark closed the public hearing. A motion was made by Mr. Morman, seconded by Mr. Alexander, to grant the variance because both the City and developer acted in good faith although in error. Motion passed 4 —2, Ms. Herrera and Mr. LeBaron voting against. 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 Birmingham Farms Phase 2A Addition, this property being located on West Brown Street (F.M. 3412) at Sanden Boulevard. (ZBOA Case No. 2002-09) TABLED from the July 22, 2002 Meeting Thompson stated that 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 West Brown Street only by Sanden Boulevard. Without obtaining a City permit, the applicant erected a sign promoting the development on property at Brown and Sanden, which is not part of the subdivision. Scott Silvis, Fox and Jacobs, 9229 LBJ Freeway, Suite 100, Dallas, Texas, represented as the applicant, stated that the sign is located on an easement off West Brown Street provided by the previous owner of the subdivision. The sign is 800 feet north of West Brown Street and there is no clear visibility of the subdivision from its location. Mr. Clark opened the public hearing, but no one appeared to speak. Mr. Clark closed the public hearing. Due to lack of a motion for approval, the request for a variance was denied. Members stated that the error was entirely the responsibility of the developer who should have been aware of the prohibition against off premises signs. 3. Hold a public hearing to consider and act upon a request by Tabor Maxwell of Ryland 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 Meadows of Birmingham Addition, this property being located on West Brown Street (F.M. 3412) at Westgate Way. (ZBOA Case No. 2002-10) Thompson stated that the Meadows of Birmingham Addition is a single-family residential subdivision which was platted and construction initiated in June of 2002. The subdivision is located approximately 500 feet north of West Brown Street, and accessible from Brown Street only by Westgate Way. The City permitted and the ZBOA Commission Meeting August 26, 2002 Page 4 of 8 applicant erected a sign promoting the development, on private property at Brown and Sanden, which is not part of the subdivision. Thompson stated that the applicant contends that a sign located on land within the Meadows of Birmingham subdivision would be more difficult to see by traffic along West Brown Street, and desires the sign to be located at Brown in order to attract the attention of more potential home buyers. Tabor Maxwell, Ryland Homes, 12200 Ford Road, Suite 400, Dallas, Texas, represented as the applicant, stated that the subdivision is 500 feet north of Brown and the sign. Ms. Maxwell stated that the property owner granted permission to erect the sign and the City did issue a permit. Mr. Clark opened the public hearing, but no one appeared to speak. Mr. Clark closed the public hearing. Motion was made by Mr. Morman, seconded by Mr. Gibbons, to grant the variance because the City and applicant had acted in good faith although contrary to the code. Motion passed 4 — 2, with Mrs. Herrera and Mr. LeBaron voting against. 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) TABLED from the July 22, 2002 Meeting Thompson stated that the subject property was platted and developed under the previous Zoning Ordinance, and is therefore governed by those requirements then in force. The previous Business-2 District, under which the property was platted and developed, required a rear yard setback of twenty (20) feet. The primary building on the lot, occupied by the Premier Learning Center, was constructed in compliance with the building setback required by the zoning and plat. In December of 2001, the zoning of the property was changed to Neighborhood Services, which requires a rear yard of only ten (10) feet. The owner/applicant initiated construction of an additional building at the rear of the primary building, to be used for recreational purposes related to the day care use. The form survey indicated that the slab of the new building was 10.7 feet from the property line, but also indicated the platted 20-foot building line as "subject to change upon approval by the City." Since the rear setback is currently ten feet as the building is constructed, the applicant could replat the lot to remove the obsolete but platted twenty-foot setback. ZBOA Commission Meeting August 26, 2002 Page 5 of 8 Ron Johnson, 640 W. Brown, Wylie, Texas, owner of the property, stated that construction was initiated in November and not until the Final Utility Inspection was the discrepancy of the rear building line discovered. Mr. Johnson stated that to replat the property will be a two-month process and the building is nearing completion, and desires to use the building immediately. Mr. Clark opened the public hearing, but no one appeared to speak. Mr. Clark closed the public hearing. Motion was made by Mr. Gibbons, seconded by Mr. Morman, to grant the variance because it is in the spirit of the new regulations. Motion passed 6 — 0. Mr. Clark adjourned the meeting at 8:10 p.m. for a short break and the meeting reconvened at 8:20 p.m. 5. Hold a public hearing to consider and act upon a request by Tommy Pulliam for a variance to Section 4.4 of the Zoning Ordinance in order to reduce the required side yard from twenty-five feet to ten feet, this property being located at 201, 203, 205 and 207 Windco Circle and being Lots 5, 6, 7 and 8 of the Wyndham Estates Phase III Addition. (ZBOA Case No. 2002-12) Thompson reviewed the history of the subject property, stating that the applicant desires to replat four smaller lots into two lots of approximately one hundred feet in width. However, replatting will eliminate the vested right in the earlier setbacks and force compliance with the greater setbacks of the current Zoning Ordinance. The Industrial District of the current Zoning Ordinance requires fifty feet front yard, and twenty feet side yard and twenty feet rear yard. The applicant's future development will comply with the now required fifty feet front setback, but is requesting the variances in order to allow a twenty feet wide side yard along the street, as well as ten feet interior side yards and five feet rear yards on each of the lots. Tommy Pulliam, 1440 E. F.M. 544, Wylie, Texas, represented as the owner for the property, stated that replatting the property would require additional loss for setbacks. The intention is to build two buildings and there would be a 75-foot loss each way if the property is replotted restricting the building size as well as the ability to build two buildings. Mr. Clark opened the public hearing, but no one appeared to speak. Mr. Clark closed the public hearing. Motion was made by Mr. Gibbons, seconded by Mr. Morman, to grant the variance as requested. Motion passed 6 —0. ZBOA Commission Meeting August 26, 2002 Page 6 of 8 6. Hold a public hearing to consider and act upon a request by Jim Ruddell for a variance to Section 11.3 of the 1985 Zoning Ordinance in order to reduce the front yard from the required twenty-five feet to 9.83 feet, the rear yard from the required twenty-five feet to 8.83 feet and the street side yard from the required twenty-five feet to ten feet eleven inches, and Section 11.4 of the 1985 Zoning Ordinance in order to reduce the covered parking requirement from two-car to one-car, this property being located at 111 Keefer Street and being Lot 40 of Block 9 of the Brown and Burns Addition. (ZBOA Case No. 2002-13) Thompson reviewed the history of the zoning on the subject property, and stated that the Brown and Burns Addition is one of the oldest subdivisions within the City of Wylie. The applicant desires to construct on the subject lot a two-story single-family dwelling of 1,800 square feet (900 square feet first floor footprint). The development requirements of the previous and current Zoning Ordinances do not allow such construction on the subject lot as platted, and the applicant is requesting the variances in order to accomplish this construction. Public Comment Forms were mailed as required by State Law to owners of twenty-five (25) properties within 200 feet of this request. Five Comment Forms have been returned at the time of posting, however, seven additional Comment Forms were submitted at the time of the meeting, totaling two favoring and ten opposing the request. Board Members questioned why Lots 40 and 41A are separated and why not combine both lots. Jim Davis, JR's Enterprizes, 3250 Lance, Sachse, Texas, represented as the Project Manager for the applicant, stated that if the lots were combined, the setbacks still could not be meet the current code without a variance. Mr. Clark opened the public hearing. Mr. Stuart Allison, 614 Nickelville Lane, Wylie, Texas, owner of the subject property, spoke for the variance, stating that the proposed residence would enhance the neighborhood. Allison stated that the existing configuration of the property was created when the lot was split into two lots for family members in the 1950's. Mr. Larry Estes, 6146 Symphony Lane, Wylie, Texas, property owner of lots on Marble Street, spoke against the variance, and expressed concern of the damage to the property values within the neighborhood if the smaller lots and dwellings are allowed. Ms. Naomi Schneller, 302 W. Marble, Wylie, Texas, spoke against the variance and expressed safety concerns with setbacks and entry drive located so close to the street. $he also felt that the small rear yard will cause children to play in the front street. ZBOA Commission Meeting August 26, 2002 Page 7 of 8 Mr. Michael Turner, 201 Keefer, Wylie, Texas, spoke against the variance and expressed concern that the number of variances requested by the applicant indicates that the two lots should be combined into a single lot. Mr. David Brundidge, 109 N. Keefer, Wylie, Texas, spoke against the variance and stated that the proposed house would be extremely close to the property next door. Brundidge expressed concern of the safety issues because a fire could destroy several houses as well as the nuisance of having neighbors so close and able to look into yards and windows. Mr. Clark closed the public hearing. With no motion to grant the variance, the variance was denied. 7. Hold a public hearing to consider and act upon a request by Jim Ruddell for a variance to Section 11.3 of the 1985 Zoning Ordinance in order to reduce the front yard from the required twenty-five feet to 9.83 feet, the rear yard from the required twenty-five feet to 8.83 feet, and Section 11.4 of the 1985 Zoning Ordinance in order to reduce the covered parking requirement from two-car to one-car, this property being located at 301 Marble Street and being Lot 41A of Block 9 of the Brown and Burns Addition. (ZBOA Case No. 2002-14) Jim Ruddell, 3250 Lance Lane, Wylie, Texas, applicant, expressed desire to withdraw the request for a variance. 8. Hold a public hearing to consider and act upon a request by Jim Ruddell for a variance to Section 11.3 of the 1985 Zoning Ordinance in order to reduce the front yard from the required twenty-five feet to six feet and Section 11.4 of the 1985 Zoning Ordinance in order to reduce the covered parking requirement from two-car to one-car, this property being located at 306 First Street and being Lot 9B of Block 5 of the Railroad Addition. (ZBOA Case No. 2002-15). Thompson reviewed the history of the subject property and the zoning for the area, stating that the subject lot is currently vacant, but was previously occupied by a single- family residence. Several mature trees are located on the lot, which the applicant would like to save. Thompson stated the values of mature trees are well documented and the City code requires tree inventories and encourages preservation. The applicant desires to construct a two-story single-family residence of 1,800 square feet (900 square feet on each floor). Placement of the proposed dwelling behind the required twenty-five feet front yard setback will require the removal of a mature American Elm tree located near the center of the lot. The applicant is requesting a variance of the required front yard setback in order to save the tree by placing the house closer to the street. ZBOA Commission Meeting August 26, 2002 Page 8 of 8 A variance to allow a single car parking due to the six feet setback in the front is also requested. Board members questioned the value of saving the one tree but losing two trees on the front property. Jim Ruddell, 3250 Lance, Sachse, Texas, applicant for the subject property, stated that the two trees are located on the right-of-way, which is ten feet from the street and twenty feet from the edge of the property line. The width of the lots is too constrictive to include a two-car garage. Frieda and Van Marshall, 304 N. First, Wylie, property owners to the east of the subject property, spoke against the variance and stated that directly across street from the subject property is a church and members park on the street on Sundays and Wednesdays. Marshall presented to the Board Members a petition signed from twenty property owners around the neighborhood all opposing the variance. Marshall expressed concern for safety when backing vehicles out from the driveway onto the street. They recommended that the front yard setback should be enforced at twenty- five feet. Jim Davis, JR's Enterprizes, 3250 Lance, Sachse, Texas, represented as the Project Manager for the subject property, stated that the purpose for a variance is to save the tree. Board Members questioned the process for verifying that no trees related to the variance are lost to construction activity. Thompson stated that the construction plans would have to show all construction at least ten feet from the trees, but it would be difficult to prove that construction activity killed the tree and its preservation or replacement could not be required. With no motion to grant the variance, the variance was denied. ADJOURNMENT Motion was made by Mr. LeBaron, seconded by Mr. Alexander, to adjourn the meeting at 9:40 p.m. Motion passed 6 — 0. Gerald Clark, Chairman Mary radl , Secretary