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12-08-2003 (Zoning Board of Adjustment) Minutes MINUTES ZONING BOARD OF ADJUSTMENT City Council Chambers Wylie Municipal Complex 2000 Highway 78 North, Wylie, Texas 75098 December 8, 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 Terry Capehart Marilyn Herrera Mary Bradley Randle Henry Johnny Bray, Building Inspector Layne LeBaron Linda Jourdan Wayne Morman CALL TO ORDER Chairman LeBaron called the meeting to order at 7:00 p.m. CONSENT AGENDA 1. Consider and act upon approval of the Minutes of the September 22, 2003 Meeting. A motion was made by Mr. Alexander, and seconded by Mr. Morman, to approve the minutes as submitted. Motion carried 7 - 0. SWEARING IN OF ADJUDICANTS Mary Bradley, Secretary, administered oath. ZBOA Commission Meeting December 8, 2003 Page 2 of 9 PUBLIC HEARINGS 1. Hold a public hearing to consider and act upon a request by Christopher R. Hykel for a variance to Section 2.5.4.c.(4) of the Zoning Ordinance in order to decrease the setback between an accessory building and the main structure from the required five (5) feet to four (4) feet, this property being located at 701 Valley Mills Drive and being Lot 9 of Block F of the Harvest Bend Phase II Addition. (ZBOA Case No. 2003-13) Thompson stated that the subject property is located in the Harvest Bend Addition Phase 2, which was platted in July 2002 with a zoning of Single-Family 8.5/17. The zoning allows accessory buildings of up to 600 square feet in size when other development regulations are satisfied. Section 2.5.4.c.(4) states that "Accessory buildings shall not be located within five (5) feet of any other structure". In August of this year, the property owner, with no building permit from the City of Wylie, initiated construction of an accessory building of one hundred and forty (140) square feet on the lot. When the illegal construction was halted by City Inspectors, the concrete slab had been poured and some framing had been completed. Review of plans revealed that the slab of the accessory building had been constructed four (4) feet rather than the required five (5) feet from the main residence. The owner was instructed to remove the slab and partial framing which were in place when the illegal construction was discovered, but requested to appeal to the Zoning Board of Adjustment for a variance. Subsequently, the owner has illegally completed construction of the accessory building, with no inspections or permits from the City. The owner contends that unique conditions of the lot and house create a hardship which limit the potential placement of the accessory building to its current location, and thus justifies the granting of the variance. The lot is triangular in shape, and drainage or utility easements (within which no structures are permitted) restrict location within ten (10) feet of the south property line (side on which the accessory building is now located), five (5) feet on the north side and five (5) feet in the east side rear yard. There is no direct access from the garage to the back yard, and the access is through the front yard and through the gate. The subject residence is a two-story structure and the proposed accessory building will be painted with same color, and finished with same materials, and should not have adverse effects on surroundings. Mr. Layne LeBaron opened the Public Hearing. ZBOA Commission Meeting December 8, 2003 Page 3 of 9 Debbie Hykel, 701 Valley Mills Drive, property owner/applicant, stated that at the rear of the property is a rock wall that covers drainage holes. The property located directly behind the subject property is quite a bit higher and benched in a rear v-shaped, which holds water. If the accessory building was located at the back of the property, there would be two to three inches of water to trudge through before obtaining access to the building. The accessory building would be too close to the adjacent property if built on the north side. Mrs. Hykel stated that the purpose of the accessory building is for lawn equipment, which was kept in the garage. Prior to building the accessory building, the lawn equipment prohibited the applicant from parking in the garage. The accessory building is not totally complete, however, when the City halted the work, only the framing of the roof and exterior siding was complete. Since that time, additional work has been done in order to keep the lawn equipment dry from the weather, so the roof is complete but the doors are not complete. Mrs. Hykel stated that the accessory building does meet the building code if not above the building code. Mr. Wayne Morman questioned the applicant how to determine the codes. Mrs. Hykel responded that they watched the other builders in the area and the reasoning for the red tags that the builders received and then doubled up. Mrs. Hykel apologized for not getting a building permit and the neighbors told them that a permit was not necessary, so they believed their words. The slab is re-enforced with half-inch rebar and twelve-inch centers, doweled the rebar into the ground two and half feet. Ms. Linda Jourdan questioned the fire safety issues of having the house and accessory building being so close. Mrs. Hykel stated that the section of the garage adjacent to the accessory building is solid brick and a bathroom non-operational window directly above the shed. If the Board grants the variance with a recommendation for a fire readied sheetrock, this can be installed in the accessory building. The building will only be used for tools and lawn equipment. The distance between the fence and the accessory building is large enough for a lawn mower to go completely around the building and there is accessibility to the water valves from the house. The Board Members questioned the construction plans of the building. Thompson introduced Johnny Bray, Senior Building Inspector. Johnny Bray stated that when the homeowner was asked to stop construction until a building permit was issued, the general framing was partially complete and the siding was not complete. At that time the concrete slab could have easily been relocated. ZBOA Commission Meeting December 8, 2003 Page 4 of 9 Mr. Weldon Bullock questioned the applicant on the reasoning why the accessory building was completed after they were asked to stop. Mrs. Hykel stated that the roof was completed in order for the lawn equipment to be moved from the garage and would not be ruined due to the weather. Mrs. Hykel expressed the desire to park in the garage for safety reasons. Mr. LeBaron closed the Public Hearing. The Board Members discussed the options available for the applicant if a variance was not granted. Thompson reminded the Board Members that a seventy-five percent vote was required, which would be six members voting in favor of granting the variance. A motion was made by Mr. Alexander, and seconded by Mr. Henry, to grant the variance. Motion failed 2 —4, thus the request for a variance was denied. 2. Hold a public hearing to consider and act upon a request by John Sanders for a variance to Section 2.5.4.b. and c. of the Zoning Ordinance in order to increase the maximum size of an accessory building from six hundred (600) square feet to seven hundred twenty (720) square feet, and to decide on the applicability of Section 2.5.4.e. of the Zoning Ordinance concerning exterior siding materials, this property being located at 1806 Stone Glen Drive and being Lot 45 of Block A of the Riverchase Phase Ill Addition. (ZBOA Case No. 2003-14) Thompson stated that the subject property is located in the Riverchase Planned Development District (PD 99-3) and is requesting two variances. One request is to increase the size of an accessory building from the required as six hundred (600) square feet to seven hundred twenty (720) square feet. Riverchase is a PD development with lots that start at 7,200 square feet and go to over half an acre, and the subject property is located on an half acre with a 2,600 square foot residence. The design standards of the PD do not address the size of the building. The applicant desires a large accessory building for the purpose of storing a boat and larger yard and garden maintenance equipment, as well as for a hobby workshop. The accessory building is proposed to measure 24 feet by 30 feet and total 720 square feet in area. The Zoning Ordinance provides that the combined floor space of all accessory buildings shall not exceed 600 square feet or 25 percent of the primary structure residence or whichever is less. The area of the residence is 3,200 square feet, and the 25 percent rule limits an accessory building to 800 square feet. The request reflects a variance of 120 square feet or 20 percent from the maximum allowed size of 600 square feet, or a variance of 80 square feet or 10 percent of the allowed 800 square feet. The proposed size of 720 square feet does not comply with the "whichever is less" controlling stipulation of the Zoning Ordinance. ZBOA Commission Meeting December 8, 2003 Page 5 of 9 The second request is to interpret and decide the applicability of Section 2.5.4.e of the Zoning Ordinance. The Board must determine if the current code or the previous code is applicable to this case and interpret the difference of opinion between staff officials. The Board is not a legislative body and can only follow the adopted City code to the best of its ability and interpretation. However, there are from time to time circumstances where Staff interprets codes differently or the interpretation is not clear and the case is brought before the Zoning Board of Adjustment for clarification. The Building Official cites Section 2.5.4.e (3) of the Zoning Ordinance, adopted in September of 2003, which states that "accessory buildings over three hundred (300) square feet in area are required to be constructed with exterior walls composed of the same masonry content required of the main structure, and the masonry used on the accessory building shall closely resemble the masonry used on the main building'. This amendment was added to the Ordinance with the conscious intent of limiting the size of residential accessory buildings. The Riverchase PD Design Standards require that "a minimum of the dwelling's total exterior area, minus windows and doors, shall be masonry veneer, such as brick, stone or stucco. The Zoning Ordinance currently requires that exterior walls of all new dwellings be 100% masonry, but the new code does not amend the PD. Therefore, at least 75% of the proposed accessory building must be brick, stone or stucco. To interpret the request otherwise could provide precedent for oversized accessory buildings throughout Riverchase and perhaps the City. The Planning Director cites no regulation of construction materials for accessory buildings prior to the September 2003 amendment, although the City codes have historically regulated the location (setback distances) of such buildings. The Riverchase PD does not regulate accessory buildings, and the City did not do so when the PD was adopted in 1999. The applicant contracted construction of the house and started discussions about the accessory building in May of 2003, prior to the code adoption of revisions which regulate materials. The Zoning Ordinance changes from time to time, however when a subdivision is platted under a Planned Development, those conditions are tied to the code in place at that time. When the Zoning Ordinance changed in September 2003, the requirement of siding changed from 75 percent to 100 percent masonry and also changed the requirement of 2,500 square feet or 10 percent of the lot, whichever is greater to 600 square feet or 20 percent of the building whichever is less. If the applicant was following the old zoning requirements there would not be a need for a request of the size, the zoning allowed a larger accessory building. However, the old zoning requirement did not address masonry requirement. But if the Board interprets that the applicant should follow the current code, then both variances should be addressed. ZBOA Commission Meeting December 8, 2003 Page 6 of 9 Riverchase is also under control by a private Homeowners Association. The City does not monitor nor enforce such private covenants. A letter from the Homeowners Association was submitted by the applicant, approving the request. The Homeowners Association did not address the masonry requirement. Mr. Layne LeBaron opened the Public Hearing. John Sanders 1806 Stone Glen, applicant/homeowner of the subject property, stated the intention is to build an accessory building out of cementatious masonry composite siding, such as hardi-board. The building will have two regular entry doors but one overhead door which will face the front. Mr. Bullock questioned the applicant of why the size of the accessory building could not be 600 square feet. Mr. Sanders stated that none other than the reduction of functionality of the building. Ms. Christine Price, 1805 Country Walk, directly to the rear of the subject property, stated that she initially submitted on the public form opposing the variance, but after hearing the applicants comments would like to rescind and be for the variance. Mr. LeBaron closed the Public Hearing. The Board Members further discussed the interpretation of the code that the applicant should follow under. Johnny Bray, Senior Building Inspector, stated that the PD did not set criteria for accessory structures, therefore the applicant is to follow the size and the type of materials set forth in the current code. A motion was made by Mr. Morman, and seconded by Mr. Alexander, to Grant the variance for 720 square feet accessory building. Motion failed 5 - 2. A motion was made by Mr. Alexander and seconded by Mr. Morman, to allow the 720 square feet accessory building with stipulation that the siding be 100 percent masonry. Motion failed 2 - 4. Mrs. Herrera stated that the logical view is if the house is built with 75 percent masonry then the accessory building should be 75 percent masonry. A motion was made by Mrs. Herrera, and seconded by Mr. Alexander, to grant the variance of 75 percent masonry and deny the variance of 720 square feet. Motion passed 7 — 0. ZBOA Commission Meeting December 8, 2003 Page 7 of 9 3. Hold a public hearing to consider and act upon a request by Stuart Allison for the following variances to the Zoning Ordinance in order to: a. Reduce the minimum dwelling size from the required seventeen hundred (1,700) square feet to eleven hundred (1,100) square feet; b. Reduce the front yard setback from the required twenty-five (25) feet to fifteen (15) feet (Section 3.3.A.3.); c. Reduce the rear yard setback from the required twenty-five (25) feet to ten and one-half (10.5) feet (Section 3.3.A.3.); d. Reduce the east side yard (street-side on corner lot) setback from the required twenty-five (25) feet to twenty (20) feet (Section 3.3.A.3.); e. Reduce the west side yard (interior-side) setback from the required seven (7) feet to six (6) feet (Section 3.3.A.3.); and f. Reduce the parking requirement from two (2) enclosed spaces to two (2) spaces, one (1) of which must be covered (Section 5.2.B.9.c.); This property being located at 111 Keefer Street and being Lot 40R of Block 9 of the Brown and Burns Addition. (ZBOA Case No. 2003-15) Thompson stated that the subject lot was created by Minor Replat in April of 2003. It contains 5,248 square feet. The lot is currently vacant, but was at one time occupied by a single-family residence. Today the smallest lot is 8,500 and this lot is created and can't be enlarged to meet the current code. Due to recent replat, the owner lost all vested rights it may have had in the code that was in place when it was originally created. The lot is platted under one of the oldest subdivisions and there is no copy of the Zoning Ordinance that it was built under. Subsequently the lot 40 and 41A created one lot and replat into two lots. The residue Lot 41B is occupied by a single-family residence and underground storm shelter. Both Keefer and Marble were platted as wider rights-of-way, but only 30 feet is paved providing additional land to the subject lot. Today single-family lots are platted at 50 feet wide street rights-of-way and this lot has 70 feet right-of-way, and gives the appearance and some degree the use of that additional right-of-way 10 feet on each side of the street that can be used for drives. An application was submitted in August of 2001 by a different owner/applicant that requested rather drastic variances in order to construct residences on the then two lots, and was denied by the Board of Adjustment. ZBOA Commission Meeting December 8, 2003 Page 8 of 9 The property is currently zoned Single Family-8.5/17, which requires 8,500 square foot lot and a dwelling of 1,700 square feet. The SF-8.5/17 District also requires seven (7) feet interior side yards and twenty-five (25) feet street side yards as well as front and rear yards of twenty-five (25) feet. The current District requires a residence of 1,700 square feet with a two-car garage both of which must be enclosed and behind the front- yard setback. The applicant desires to construct a single-story single-family dwelling of nearly 1,100 square feet, with a single-car garage and front porch. The applicant is going to argue that this is a two car garage, 24 x 19 feet 4 inches and is large enough for two compact cars but does not meet our current code of 20 x 20 feet at least. Public Comment Forms were mailed as required by State Law to property owners of twenty-four (24) properties within 200 feet of this request. At time of posting, and tonight we have seven forms returned, three favoring and four opposing. Mr. Layne LeBaron opened the Public Hearing. Stuart Allison 614 Nickelville Lane, Wylie, owner/applicant for subject property, reviewed the history of the subject property and the surrounding property as there is a family history involved. The subject property is an empty corner lot which is not very desirable to look at, and would enhance the neighborhood with a single-story single- family residence, which conforms to the existing homes in the neighborhood. The economic situation for the property is not generating any tax revenue and the annual city taxes on the property are $29.00 a year. The annual taxes to the school district are only $69.00. In the proposed home plan estimate the city taxes would be $635.00 annually, and conservatively the taxes to the school district is $1,548.00 annually. Mr. Wayne Morman questioned the number of variances compared to the options of building a two-story house, which will alleviate some of the variances. Allison stated that this style home is the number one choice, and the intention is to fit the house nicely with the existing houses immediately surrounding, which are single-story houses. Michael Turner, 201 N. Keefer, Wylie, spoke against the variances; his property is the adjacent corner lot to the subject property. Mr. Turner stated that in 1986, he built his house to code, and had to tear down a pecan tree in order to meet the requirements. Recommended that the two land owners surrounding the subject property discuss an agreement to split the property between them, and then everyone would be better off. ZBOA Commission Meeting December 8, 2003 Page 9 of 9 David Brundodge, 109 N. Keefer, Wylie, spoke against the variances. His property is to the east side of the property. Lot is too small to build on the property. All the houses lined up and the proposed house would be sticking out about 10 feet. Curtis Collier, 113 South W.A. Allen, Wylie, represented as construction engineer of the proposed house, spoke in favor of the variances and stated that due to the layout of the lot, the setbacks will need variances. Mr. LeBaron closed the Public Hearing. Due to lack of a motion to grant the variances, the request for the variances were denied. MISCELLEANOUS 1. Thompson distributed and reviewed the Action Agenda from the City Council meeting on December 1, 2003, accepting resignation of City Manager Biff Johnson and appointing Assistant City Manager Mindy Manson as Interim City Manager. Board members praised Mr. Johnson for his accomplishments, and the desire to have Mindy Manson as the permanent City Manager. 2. Thompson reviewed the newspaper articles from the Dallas Morning News editorial Collin County Section, praised the City of Wylie for their planning and direction. He reviewed the number of certificate of occupancy issued each month and the number of single-family residences permits issued each month. ADJOURNMENT A motion was made by Mr. Randle Henry, and seconded by Mr. Morman to adjourn the meeting at 10:00 p.m. Layne Le ron, Chairman Mary Bra y, Secretary