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09-22-2003 (Zoning Board of Adjustment) Minutes MINUTES ZONING BOARD OF ADJUSTMENT City Council Chambers Wylie Municipal Complex 2000 Highway 78 North, Wylie, Texas 75098 September 22, 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 Marilyn Herrera Terry Capehart Randle Henry Layne LeBaron Linda Jourdan Board Members Absent: Staff Members Absent: Weldon Bullock Mary Bradley Wayne Morman CALL TO ORDER Chairman LeBaron called the meeting to order at 7:06 p.m. CONSENT AGENDA 1. Consider and act upon approval of the Minutes of the August 25, 2003, Meeting. A motion was made by Mr. Alexander, and seconded by Ms. Herrera, to recommend approval of the minutes as submitted. Motion carried 4 - 0 - 1 with Ms. Jourdan abstaining. SWEARING IN OF ADJUDICANTS Terry Capehart, Assistant City Planner, administered the oath. PUBLIC HEARINGS 1. Hold a public hearing to consider and act upon a request by Michael Shaw for a variance to Section 11.3(1)(c) of the 1985 Zoning Ordinance in order to decrease the required rear yard setback from twenty-five (25) feet to twelve (22) feet, this property being located at 1702 Eastfork Lane and being Lot 2 of Block E of the Riverchase Phase I Addition. (ZBOA Case No. 2003-11) ZBOA Commission Meeting September 22, 2003 Page 2 of 3 Mr. Thompson described the request as a room addition enclosing an existing back porch, in order to shade the rear of the residence from the sun and conserve energy. The new construction will be 22 feet from the rear property line and the code requires 25 feet. The requested 3 feet variance is 12 percent of the required setback. Mike Carter, the contractor representing the owner, stated the purpose of the project was to build an enclosed sunroom to provide protection from exposure to inclement weather. The addition will be constructed of the same masonry and roof materials to match the existing house. Ms. Herrera asked Mr. Carter if an open patio was to be built and if it would extend out as far as the enclosed addition. Mr. Carter replied that a patio will be built on the east side of the sunroom to protect it from the sun, but no construction will extend out past the sunroom toward the rear. A motion was made by Mr. Alexander to grant the variance as requested, seconded by Mr. Henry, motion passed 5-0. 2. Hold a public hearing to consider and act upon a request by Earnest Tackett for a variance to Section 7.B.I.e.1 of the 1962 Zoning Ordinance in order to decrease the required front yard setback from twenty-five (25) feet to thirteen and one-half (13.5) feet, this property being located at 414 South Second Street and being Tract 1 of the J. Truett Survey, Abstract No. 920-2. (ZBOA Case No. 2003-12) Mr. Thompson stated that the house was constructed with a single-car garage and the applicant desires to add a carport and maintain the garage for parking. The carport will extend into the required 25 feet front yard a distance of 11.5 feet or a 46 percent variance. Ms. Jourdan asked about the dimensions of the proposed carport. Mr. Tackett, the owner of the subject property, stated that the carport would be 21 feet long and 18 feet wide to accommodate his new over-sized pickup truck. Mr. LeBaron asked if the owner or an independent contractor would be performing the construction. Mr. Tackett replied that a contractor would be doing the work. Mr. Alexander asked Mr. Thompson about other carports in the area. Mr. Thompson replied that there were several on the same side of the street north of the applicant, and across the street to the east. The Board approved a variance for a carport built on Third Street in April of this year. ZBOA Commission Meeting September 22, 2003 Page 3 of 3 A motion was made by Ms. Herrera to grant the variance as requested, seconded by Ms. Jourdan, motion passed 5-0. WORKSESSION Mr. Thompson reviewed the legal criteria for judging a request for a variance, especially requirement for a hardship for a variance that is not self imposed. He encouraged Board Members to determine their own definitions of these criteria. Staff will continue to be somewhat liberal in judging the merits of the requests brought before the Board, and will provide facts of the cases. Consistency of Board Member's actions is important to meet the major test of equal treatment. ADJOURNMENT A motion was made by Mr. Alexander, and seconded by Mr. Henry, to adjourn the meeting at 7:50 p.m. Motion passed 5 — 0. LeBaron, Chair Terry Capehart, Assistant Planner