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07-26-2004 (Zoning Board of Adjustment) Minutes MINUTES Zoning Board of Adjustment City Council Chambers, Wylie Municipal Complex 2000 Highway 78 North Wylie, Texas 75098 Monday, July 26, 2004 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 Mary Bradley Linda Jourdan Layne LeBaron Wayne Morman Jan Sargent Board Members Absent: Weldon Bullock CALL TO ORDER Chairman LeBaron called the meeting to order at 7:05 p.m. CONSENT AGENDA 1. Consider and act upon approval of the Minutes of the June 14, 2004 Meeting. A motion was made by Mr. Morman, and seconded by Ms. Jourdan, to approve the minutes as submitted. Motion carried 6 — 0. SWEARING IN OF ADJUDICANTS Mary Bradley, Secretary, administered oath. ZBOA Commission Meeting July 26, 2004 Page 2 of 6 PUBLIC HEARING 1. Hold a public hearing to consider and act upon a request by Bret Jacks for a variance to Section 7.B.I.e.1 and 8.D of the 1962 Zoning Ordinance in order to decrease the front yard setback from the required twenty-five (25) feet to four and eight-tenths (4.8) feet, this property being located at 441 and 443 South Fourth Street and being Lot 1 of Block A of the Trails Addition. (ZBOA Case No. 2004-05). Thompson stated that the subject property was created in 1962 with the platting of the Trails Addition, a subdivision of duplexes and town homes. The property is occupied by a duplex, which is owned by the applicant. The applicant desires to construct a carport to cover the two concrete access drives and parking courts in the front yard, in order to provide protection for passenger vehicles which are now too large to fit in the garages. The existing garages will remain available for parking or storage. The carport will be a flat-roofed, metal structure, painted to match the dwelling. It will be attached to the duplex and anchored to the existing concrete drives. It will be 40 feet wide to serve both garages with at least one covered space. The carport will extend 20 feet from the duplex wall toward the street, and end 4.8 feet from the front property line. This is a variance of 20.2 feet or 80.8 percent from the required 25 feet setback. Public Comment Forms were mailed to thirty-eight (38) properties within 200 feet. Eleven responses were received, eight favoring and three opposing the request. The subject duplex is constructed on a single lot, and the applicant owns the entire lot and both dwellings of the duplex. The applicant lives on one side of the duplex and rents the other side, and therefore largely controls the common drive and parking. South Fourth Street is a dead-end street, and the subject lot is the last residence at the terminus of the street. The subject lot is one of only three which fronts on to Fourth Street without alley access. The proposed carport will not impair visibility of traffic along the street nor of residences of the subject property accessing it. Chairman LeBaron opened the Public Hearing. ZBOA Commission Meeting July 26, 2004 Page 3 of 6 Mr. Bret Jacks, 441 South Fourth Street, represented the homeowner of the subject property, and stated that he owns oversized vehicles which can not be parked inside the existing garage, and a carport is desired to protect them from weather damage. Mr. Jacks stated that the basketball goal currently in front of his garage will be removed before the carport is installed. Thompson stated that the carport will resemble the same carport that was approved by the Board in September 2003 which is located on Second Street, with the exception that the color will match Mr. Jacks house. Chairman LeBaron closed the Public Hearing. A motion was made by Mr. Morman, and seconded by Ms. Sargent, to GRANT the variance of Sections 7.B.I.e.1 and 8.D of the 1962 Zoning Ordinance to reduce the front yard from the required 25 feet to 4.8 feet. Motion carried 6 — 0. 2. Hold a public hearing to consider and act upon a request by Mark Rumenapp for a variance to Sections 7.B.IV.e.1 and 3 of the 1962 Zoning Ordinance in order to decrease the rear yard setback from the required twenty-five (25) feet to eighteen (18) feet, seven inches (18 ft. 7 in.) and to decrease the side yard setback from the required six (6) feet to one (1) foot, this property being located at 702 Stoneybrook Drive and being Lot 2 of Block 1 of the Westwind Meadows No. 3 Addition. (ZBOA Case No. 2004-06). Thompson stated that the subject property was created in 1984 with the platting of the third and final phase of the Westwind Meadows Addition, a single-family residential subdivision. The subdivision was platted and developed in accordance to regulations of the 1962 Zoning Ordinance. The subject lot totals actually 7,616 square feet, and is occupied by a single-family dwelling. The residence has an attached two-car garage with entry from the rear alley by a concrete access drive which is approximately 30 feet wide. The garage is constructed approximately 44 feet from the rear property line. The applicant desires to construct a carport over the drive in order to provide protection for his oversized passenger vehicles which cannot fit into the garage. The existing garage will remain available for some parking or storage. The proposed carport will be a flat-roofed, metal structure supported by metal posts. The 1962 Ordinance required a rear yard setback of twenty-five (25) feet and a side yard setback of six (6) feet (or'10% of the lot width). The carport will be attached to the rear of the house and will be 28 feet 10 '/2 inches wide (nearly as wide as the existing drive). The carport will be 24 feet long or extend to approximately 18 feet 7 inches from the rear property line, and 1 foot 3 inches from the side property line. ZBOA Commission Meeting July 26, 2004 Page 4 of 6 Public Comment Forms were mailed to eighteen property owners within 200 feet of the request. Four responses were received, all in favor of the request. The area across the alley from the subject property is occupied by a floodplain and several major utility easements which cannot be developed, and the property across that area is already developed as heavy commercial uses (fronting Martinez Lane). Therefore, the carport will not be visible from any public street or other residential property. Chairman LeBaron opened the Public Hearing. Mark Rumenapp, 702 Stoneybrook, represented the homeowner of the subject property, and stated that a boat is parked in the garage, and the four family vehicles must be parked outside the garage. The concrete slab for the carport will be on the side of the existing drive with one foot overhang. Chairman LeBaron closed the Public Hearing. A motion was made by Mr. Alexander, and seconded by Mr. Morman, to GRANT the variance of Sections 7.B.IV.e.1 and 3 of the 1962 Zoning Ordinance to reduce the rear yard from the required 25 feet to 18 feet seven (7) inches and reduce the side yard from the required 6 feet to 1 foot. Motion carried 6 — 0. 3. Hold a public hearing to consider and act upon a request by Hai Nguyen of Palatium Homes for a variance to Section 3.3.B of the current 2002 Zoning Ordinance in order to decrease the rear yard setback from the required twenty-five (25) feet to fifteen (15) feet, this property being located at 276 Wyndham Meadows Way and being Lot 19B of Block A of the Wyndham Meadows Addition. (ZBOA Case No. 2004-07). Thompson stated that the subject property was created in September of 2003 with the platting of the Wyndham Meadows Addition, a subdivision of attached townhouse and duplex residences. Duplexes are platted with each individual dwelling on a separate lot, and the subject lot is the left-side/westerly of a two-lot combination. The subject lot is of a triangular/pie-shaped configuration, and is approximately 4,993 square feet in size. The subject development will construct a townhouse dwelling within a Multi-Family District and it is not clear which regulations the subject property must comply. The Multi-Family District requires a rear yard setback of 20 feet from interior property lines, and townhouses require rear yard setbacks of 25 feet. ZBOA Commission Meeting July 26, 2004 Page 5 of 6 Alleys were required within all residential subdivisions, and the Wyndham Meadows development connected to and extended an existing alley provided with the older Wyndham Estates Addition to the north. This alley provides potential access to rear garages, although rear access is not required. The alley extends around the rear of the curved lot, forcing the straight lines of the dwelling to be fit within a curved setback line. The Zoning Ordinance requires attached single-family dwellings to provide two parking spaces, one of which must be enclosed and behind the front property line. The attached garage must comply with the rear yard setback of twenty-five (25) feet for a townhouse dwelling or 20 feet for the Multi-Family District. The duplex/garage will be constructed 16 feet 9 inches from the rear property line and alley, encroaching into the rear yard a distance of at least 9 feet 3 inches. The applicant is requesting a variance to the rear yard to 15 feet to allow sufficient space for construction and roof overhang. Public Comment Forms were mailed to twenty-three (23) properties. Two responses were received, both opposing the request. Chairman LeBaron opened the Public Hearing. Hai Nguyen, Palatium Homes, Plano, Texas, represented the home builder, and stated that the alley behind the property turns northwest forcing a narrow setback on the subject property. Because of utility easement across the front southwest corner of the lot, the dwelling must be set further toward the rear of the lot. Mr. Nguyen explained that although most of the dwelling will comply with the required twenty-five (25) feet, the northwest corner of the rear house will be a setback sixteen (16) feet nine (9) inches. The alley will not be extended south past the subject property due to the major power lines and easement, so will be used only by the subject lot. A motion was made by Ms. Sargent, and seconded by Mr. Morman, to GRANT the variance to Section 3.3.B of the current 2002 Zoning Ordinance in order to decrease the rear yard setback from the required twenty-five (25) feet to fifteen (15) feet. Motion carried 6 — 0. MISCELLANEOUS 1. Thompson distributed and reviewed hand-out information from the City Attorney regarding open records and meetings. Board members are encouraged to visit the site of the variance requests, but we warned that request can not be discussed by more than three Board Members without that discussion being legally posted. 2. Thompson announced that the new City Manager, Mark Roath, will start on August 30, 2004, and new Assistant Planner, Renae 011ie, will start August 16, 2004. ZBOA Commission Meeting July 26, 2004 Page 6 of 6 ADJOURNMENT With no further business to discuss, a motion was made by Ms. Sargent, and seconded by Ms. Jourdan, to adjourn the meeting at 8:30PM. L e LeBaron, Chairman Mai B dley, Secretary