10-28-2002 (Zoning Board of Adjustment) Minutes MINUTES
ZONING BOARD OF ADJUSTMENT
City Council Chambers Wylie Municipal Complex
2000 Highway 78 North, Wylie, Texas 75098
October 28, 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:
Gerald Clark Mary Bradley
Marilyn Herrera Claude Thompson
Layne LeBaron
Wayne Morman
Board Members Absent:
Eric Alexander
Weldon Bullock
Dennis Gibbons
CALL TO ORDER
Chairman Clark 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 September 23, 2002
Meeting.
Motion was made by Mr. LeBaron, and seconded by Mr. Morman, to approve the
minutes as submitted. Motion passed 4 — 0.
ZBOA Commission Meeting
October 28, 2002
Page 2 of 5
PUBLIC HEARINGS
1. Hold a public hearing to consider and act upon a request by Robert Heath
for a variance to Section 4.4.B of the Zoning Ordinance in order to reduce
the side yard from the required ten feet to two feet eight inches, and a
variance of Section 6.A.3 of the Sign Regulations in order to reduce the
setbacks for a sign from fifteen feet to eight feet from a street right-of-way
and from forty feet to six feet from a property line, this property being
located at 205 Industrial Court and being Lot 3 of the Railroad Industrial
Park Addition. (ZBOA Case No. 2002-17)
Thompson reviewed the history of the subject property and stated that the
property was rezoned from Industrial (I) District to Commercial Corridor (CC)
District in February of 2002, as part of the City-wide revision of the Zoning
Ordinance and Map. A similar request is on the current agenda for the property
abutting to the west.
The applicant recently purchased a portion of the abandoned railroad corridor,
which abuts the subject property to the rear and separates it from State Highway
78. It is the applicant's intent to consolidate the existing lot and railroad property
into a single lot, and to expand the existing building as well as to reorient the lot
and business to S.H. 78. There were no side-yard requirements under the earlier
Industrial zone to which the existing building was constructed. The existing
building is located two feet eight inches (2'8") from the east property line.
The applicant is requesting a reduction in the side yard from the currently
required ten feet (10') to the existing two feet eight inches (2'8") in order to align
the east wall of the new building expansion with the wall of the existing building.
The requested variance is seven feet four inches (7'4") feet or seventy-two and a
half(72.5) percent.
The applicant is also requesting that a sign be allowed eight (8) feet from the
S.H. 78 right-of-way line and six (6) feet from the east property line, as was
allowed by the previous Sign Regulations (in force since 1985). This is a
variance of seven (7) feet (or 46 percent) for the street front setback and thirty-
two (32) feet (or 80 percent) for the side yard setback. The sign will comply with
all other requirements of the new Sign Regulations, and at its requested location
will not obstruct the visibility of traffic onto or from S.H. 78.
ZBOA Commission Meeting
October 28, 2002
Page 3 of 5
Mr. Robert Heath, 4506 E Parker Road, Parker, Texas, represented as the
property owner, stated that to the east of the subject property there is no building.
The property to the west is also reorienting their business to S.H. 78 by
incorporating the previously railroad property. Mr. Heath stated that each
property owner will have a monument sign but the signs will be on the opposite
side of the property from the neighboring sign. Each property wants to maintain
setbacks so that new construction screens the existing construction.
Mr. John Villarreal, 105 S Ballard Street, Wylie, Texas, represented as the
designer, stated that the building will comply with all current codes, and will have
additional architectural features added. The building will be made out of builder's
stone. The building will face to S.H. 78, and the new façade and parking will be
to that side.
A motion was made by Mr. Morman, and seconded by Mr. LeBaron to grant the
variances. Motion passed 4 — 0.
2. Hold a public hearing to consider and act upon a request by Martin
Anderson for a variance to Section 4.4.B of the Zoning Ordinance in
order to reduce the side yard from the required ten feet to three feet on
one side and seven feet on the other side, and a variance of Section 6.A.3
of the Sign Regulations in order to reduce the setbacks for a sign from
fifteen feet to eight feet from a street right-of-way and from forty feet to six
feet from a property line, this property being located at 207 Industrial Court
and being Lot 4 of the Railroad Industrial Park Addition. (ZBOA Case No.
2002-18)
Thompson reviewed the history of the subject property, stating that the applicant
recently purchased a portion of the abandoned railroad corridor, which abuts the
property to the rear and separates it from State Highway 78. It is the applicant's
intent is consolidate the existing lot and railroad property into a single lot, and to
expand the existing building as well as to reorient the lot and business to S.H. 78.
A similar request was heard previously on the current agenda for the property
abutting to the east.
The applicant is requesting a reduction in the side yard from the currently
required ten feet (10') to the three feet (3') which exists on the west side in order
to align the new building expansion with the wall of the existing building. The
variance of the side yard is seven (7) feet, or thirty (30) percent, will allow the
new addition to the building to partially screen the existing truck dock from view
from S. H. 78.
ZBOA Commission Meeting
October 28, 2002
Page 4 of 5
The applicant is also requesting a variance to allow a monument sign to be
placed eight (8) feet from the S.H. 78 right-of-way line and six (6) feet from the
west property line, as was allowed by the previous Sign Regulations (in force
since 1985). This is a variance of seven (7) feet (or 46 percent) fro the street
front setback and thirty-two (32) feet (or 80 percent) for the side yard setback.
A motion was made by Mr. Morman, and seconded by Mr. LeBaron to grant the
variances. Motion passed 4 — 0.
3. Hold a public hearing to consider and act upon a request by Steve
Repasky for a variance to Section 3.3.A of the Zoning Ordinance in order
to reduce the side yard from the required 7 feet to four feet nine inches,
this property being located at 316 South Fourth Street and being Lot 10
and part of Lot 9 of the Bostic Addition, Second Installment. (ZBOA Case
No. 2002-19)
Thompson reviewed the history of the subject property and the zoning in force at
the time. The property, when originally platted, Lot 10 measured 70 feet wide,
but has subsequently been expanded to 105 feet wide by acquisition of an
additional 35 feet from Lot 9 on the north.
The applicant intends to replace a single-car carport with a two-car garage. The
garage will be constructed four feet nine inches (4' 9") from the north property
line, a variance of two feet three inches (2' 3") or 32% from the currently required
seven (7) feet.
Mr. Steve Repasky, 316 South Fourth Street, Wylie, Texas, represented as the
property owner, stated that a HVAC unit to the north side of the house within the
area where the new larger garage would be built restricts the entry to the house
from the garage; therefore, a variance is requested for the side yard.
A motion was made by Mr. LeBaron, seconded by Mrs. Herrera, to grant the
variance. Motion passed 4 — 0.
MISCELLANOUS
Thompson reminded the Board Members of the appreciation Dinner on
November 14, 2002.
Thompson asked the Board Members the date the members will be able to meet
around the holidays. The Board Members voted on meeting December 16, 2002,
at 7:30 p.m.
ZBOA Commission Meeting
October 28, 2002
Page 5 of 5
ADJOURNMENT
Motion was made by Mr. LeBaron, seconded by Mr. Morman, to adjourn the
meeting at 8:22 p.m. Motion passed 4 — 0.
Gerald Clark, Chairman Mary Brad y, Secretary