02-24-2003 (Zoning Board of Adjustment) Minutes MINUTES
ZONING BOARD OF ADJUSTMENT
City Council Chambers Wylie Municipal Complex
2000 Highway 78 North, Wylie, Texas 75098
February 24, 2003
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 Claude Thompson
Weldon Bullock
Dennis Gibbons
Layne LeBaron
Board Members Absent: Staff Members Absent:
Gerald Clark Mary Bradley
Wayne Morman Terry Capehart
Marilyn Herrera
CALL TO ORDER
In the absence of the Chairman, Board member LeBaron acted as chair and called the
meeting to order at 7:15 p.m.
CITIZEN PARTICIPATION
No one was present to speak.
CONSENT AGENDA
1. Consider and act upon approval of the Minutes of the January 27, 2003, Meeting.
A motion was made by Mr. Gibbons, and seconded by Mr. Bullock, to recommend
approval of the minutes as submitted. Motion carried 4 — 0.
ZBOA Commission Meeting
February 24, 2003
Page 2 of 5
PUBLIC HEARINGS
1. Hold a public hearing to consider and act upon a request by William H.
Dunaway, Ill for variances to Section 3.3.A of the Zoning Ordinance in order to
reduce the front yard from the required twenty-five feet to zero feet, to reduce the
rear yard from the required twenty-five feet to ten feet, to reduce the north side
yard from the required seven feet to five feet six inches and to reduce the south
side yard from the required seven feet to six feet five inches, this property being
located at 306 First Street and being Lot 9B of Block 5 of the Original Railroad
Addition. (ZBOA Case No. 2003-1)
Thompson stated that the subject property was created by the platting of the Railroad
Addition, one of the oldest residential subdivisions within Wylie. The lot was originally
platted as Lot 9 of Block 5 and measured 65 feet wide along First Street with a depth of
125 feet similar to all other lots fronting First Street. The current Lot 9B was created by
the subsequent sell of 15 feet (Lot 9A) to the corner Lot 10 on its north, which reduced
the width of the new Lot 9B to 50 feet. This reconfiguration was accomplished by deed,
and these lots have never been officially replatted and are therefore "legally
nonconforming". The lots (9A, 9B, and 10) should be legally replatted in to two lots of
records, but the owners of Lot 10/9A will not approve the replatting. Unless and until
the lots are replatted, the rights to develop are vested in the dimensional regulations in
force at the time of platting rather than the current code.
The applicant desires to construct on the subject lot a two-story single-family residence
of between 2,500 and 2,700 square feet, and contends that the house cannot be
contained within the required setbacks. Placement of the proposed dwelling behind the
required 25 feet front yard setback will require the removal of a mature Elm tree located
near the center of the lot, and the applicant is requesting a variance to the required front
yard setback in order to save the tree by placing the house on the front property line.
The applicant also requests a reduction in the rear yard from the required 25 feet to 10
feet and reduction of the south side yard from the required 6 feet to 5 feet 6 inches
(were the lot replatted and required to comply with the 7 feet side yards of the current
code, a variance to 6 feet 5 inches would be required for the north side yard).
Thompson concluded that the applicant has not yet demonstrated a hardship and that
there remain no design options which can fit the lot and setback dimensions.
The Planning and Zoning Commission recently approved a variance of the exterior wall
masonry requirement, to allow siding to be used on any house on the subject lot. This
was intended to assure better compatibility with existing houses on the block.
Six additional Public Comment Forms received today were distributed, totaling seven
forms and all opposing the requested variances.
ZBOA Commission Meeting
February 24, 2003
Page 3 of 5
Applicant William Dunaway, 2203 Del Ray Court, Arlington, stated that his family
desires to relocate to Wylie because of the small town atmosphere but does not want a
large lawn to maintain. They purchased the subject lot specifically because of its size
and the mature trees, and the house will be their long-term family dwelling rather than
an investment venture. They are having a house of approximately 2,500 square feet
custom designed to their family needs, and while he understands that a dwelling of
similar size might fit on the lot and conform fully to setback requirements such would not
satisfy the unique needs of the family.
In response to Board Member Bullock's inquiry if the house could be reduced in size,
Mr. Dunaway stated that their family life style required such size. Thompson stated that
the Board could consider modifications to the requested variances, if accepted by the
applicant. Board member LeBaron asked if the applicant could be satisfied with part of
the variances, such as an 11 foot front yard to align with the existing house to the south
and a larger back yard. Mr. Dunaway responded that such was acceptable.
Mr. Bobby Mitchell, Box 503, Wylie, owner of Lots 10 and 9A, stated that the proposed
house was too large for the lot and would detract from the neighborhood of smaller,
older residences. The larger dwelling will increase property taxes for neighbors, many
who are on fixed incomes and unable to support additional taxes, and the two-story
house will reduce the privacy of the smaller abutting houses. He questioned why a
garage could be allowed to be located within the front yard when fences must be shorter
than 4 feet in height and provide 50% through visibility. Thompson explained that the
front-yard-fence restrictions were intended to enhance police security and fire access,
and did not apply to the variance request.
Mr. Jason Buffett, 304 North First, Wylie, owner of the neighboring house to the south
stated that the proposal was not at all compatible with the existing neighborhood, and
would encourage abandonment of existing houses.
A motion was made by Mr. Alexander to grant a variance to the front yard of 14 feet to
align with the 11 foot setback of the existing house to the south and to allow the
requested variance to 5 feet 6 inches on the north but deny the variance on the rear.
The motion failed due to lack of second and the variances were denied.
ZBOA Commission Meeting
February 24, 2003
Page 4 of 5
2. Hold a public hearing to consider and act upon a request by Charles L.
Nicholson for variances to Section 26.4 (1)(b) of the 1985 Zoning Ordinance in
order to reduce the side yard for accessory buildings off of an easement from the
required five feet to zero feet, this property being located at 409 Kylie Lane and
being Lot 23 of Block E of the Point North Phase II Addition. (ZBOA Case No.
2003-2).
Thompson stated that the subject property was created in 1987 by the platting of the
Phase II of the Point North Addition. A gas transmission line runs along the south side
yard of the lot, and a 15 feet wide easement (half of the total easement width) was
platted along the south property line. Subsequently, the side and rear yards (including
the gas easement) were enclosed by a fence and a swimming pool was constructed
within the rear yard.
The applicant wishes to construct an accessory building against the front fence but on
the easement line in order to save an existing tree and to keep the new shed away from
the existing pool. The accessory building will be used for storage of yard maintenance
equipment and not related to the pool functions. If located as proposed, it will be 15 feet
from the side lot line and 28 feet from the house. The Zoning Ordinance under which
the lot was platted required that accessory buildings be located no closer than 5 feet
from easements as well as property lines, although current code requirements would
allow the building as proposed.
Applicant Pam Nicholson, 409 Kylie Lane, Wylie, explained that the variance will allow
the preservation of the trees planted in the rear yard. In response to Board Member
Bullock's inquiry, she stated that the building will be approximately 9 feet 9 inches high
and that the roof rather than the end gable will be along the fence and visible from the
front yard. She cited other similar accessory buildings within the vicinity, all of which are
much larger than that proposed.
Board Members discussed the proposed height, in relation to the Comment Form by a
neighbor who specifically requested that the storage building not be higher than 8 feet.
Members concluded that 8 feet was probably a suggested range rather than a specific
height limit, and that the proposed height would not be visually intrusive. Thompson
stated that the code allows accessory buildings to be as high as the dwelling, and that
while the Board could establish any limitations agreeable to the applicant, the height
question was probably not an appropriate consideration nor a refusal of the neighbor's
Comment and suggestion.
A motion was made by Mr. Gibbons, and seconded by Mr. Bullock, to grant the variance
as requested. Motion passed 4 — O.
ZBOA Commission Meeting
February 24, 2003
Page 5 of 5
ADJOURNMENT
A motion was made by Mr. Gibbons, and seconded by Mr. Bullock, to adjourn the
meeting at 8:23 p.m. Motion passed 4 — 0.
Layne LeBaron, Acting Chairman Claude Thompson, Dire r