08-23-2004 (Zoning Board of Adjustment) Minutes MINUTES
Zoning Board of Adjustment
City Council Chambers, Wylie Municipal Complex
2000 Highway 78 North Wylie, Texas 75098
Monday, August 23, 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
Weldon Bullock Renae 011ie
Marilyn Herrera Mary Bradley
Linda Jourdan
Layne LeBaron
Jan Sargent
Board Members Absent:
Wayne Morman
CALL TO ORDER
Chairman LeBaron called the meeting to order at 7:13 p.m.
CONSENT AGENDA
1. Consider and act upon approval of the Minutes of the July 26, 2004 Meeting.
A motion was made by Mr. Alexander, and seconded by Ms. Herrera, to approve the
minutes as submitted. Motion carried 6 — 0.
SWEARING IN OF ADJUDICANTS
Mary Bradley, Secretary, administered oath.
ZBOA Commission Meeting
August 23, 2004
Page 2 of 4
PUBLIC HEARING
1. Hold a public hearing to consider and act upon a request by Jose Juan
Perez for a variance to Sections 11.3(1)(c) of the 1985 Zoning Ordinance in
order to decrease the rear yard setback from the required twenty-five (25) feet
to seventeen (17) feet, this property being located at 523 Robinwood Road
and being Lot 6 of Block E of the Meadows of Birmingham Phase 2 Addition.
(ZBOA Case No. 2004-08).
Thompson stated that the subject property was created in April of 2003 with the platting
of Phase 2 of the Meadows of Birmingham Addition. The required rear yard setback is
twenty-five (25) feet.
The subject lot backs in to the southeast corner of the intersection of Westgate Way and
Ann Drive. The rear yard measures approximately 29 feet deep and 94.8 feet long
totaling 2,560 square feet, of which approximately 550 square feet is dedicated to the
visibility triangle of the streets and is outside the usable fenced yard.
The rear exit of the subject residence is by an 8 foot wide sliding-glass door, opening on
to a stoop/porch which measures 10 feet by 8 feet. The applicant desires to construct a
shade covering over the rear porch to provide shade to the wall and opening. This
covering is to be attached to the rear wall of the residence and extend into the rear yard
a distance of 10 feet. The covering will, therefore be 17 feet from the rear property line,
extending 8 feet into the required rear yard or a variance of 32 percent from the required
setback.
The platted configuration of this rear yard, especially the shared uses for street visibility
triangle and common wall easement, reduce the useable private space, of the rear yard
setback which does not align easily with the normally straight walls of dwellings, and in
this case creates the hardship.
Mr. Jose Juan Perez, 523 Robinwood, Wylie, homeowner of the subject property, stated
that the shade covering for the porch will be attached to the home and will not extend
beyond the current measurements of 10 feet by 8 feet. The porch covering will have a
flat roof.
A motion was made by Mr. Alexander, and seconded by Ms. Sargent, to GRANT the
variance for ZBOA 2004-08, with stipulation that the construction substantially conform
to the materials that are used in the main structure, be a flat roof, open on all sides, and
excluding corrugated or fiberglass. Motion carried 6 — 0.
ZBOA Commission Meeting
August 23, 2004
Page 3 of 4
2. Hold a public hearing to consider and act upon a request by Gary Weberg for
an interpretation of and variance to Section 2.5.4.e(3) of the Zoning
Ordinance regulating exterior wall material for an accessory building/barn, this
property being located at 1740 McMillen Road and being Lot 1-5 of the
McMillen Estates Addition. (ZBOA Case No. 2004-09).
Thompson stated that the subject property was initially created in 1993 by platting of
McMillen Farms, which was later renamed by replat to the McMillen Estates Addition.
This subdivision consists of rural estate lots and farms, and the subject lot is 2.18 acres
in size. The house was constructed with garage of 616 square feet attached to the
main residence with a common-roof breezeway. Both the residence and garage have
brick siding. A wood-siding storage shed of 288 square feet has been erected in the
rear yard.
The applicant desires to construct a barn (accessory building) in the rear yard of the
subject lot, and is seeking clarity of the regulations and a variance if necessary to
construct the structure to 2,000 square feet with exterior walls of synthetic stucco siding
(Hardiplank). Specifically in question are the allowed number of buildings and their
cumulative size as well as the required materials for exterior walls.
Thompson reviewed the zoning of the subject property and the surrounding properties,
and also the accessory buildings limitations. In September of 2003, intentionally to limit
the increasing size of accessory buildings within residential neighborhoods, the Zoning
Ordinance was amended to allow accessory buildings located on lots of 2 acres or
larger to have a cumulative size of up to 3,000 square feet.
The Building Official has ruled that, since the lot is zoned Single Family-10 Residential
rather than Agriculture, these current regulations apply:
• No more than 2 accessory buildings are allowed, compared to the 3 (detached
garage, existing storage shed and requested barn) requested by the applicant;
and
• Exterior wall materials must be the same masonry content required of the main
residence (75% masonry).
The applicant argues that:
• The garage was constructed as an attached portion of the residence and should
not be counted as a separate accessory building, and the future barn is therefore
only the second accessory building and should be allowed; and
• The size of the lot complies with the Agriculture District, although it is zoned
Residential, and the lot and future barn are agriculture in function and character,
and should be exempted from the masonry wall requirement.
ZBOA Commission Meeting
August 23, 2004
Page4of4
Comment Forms were mailed to ten (10) property owners within 200 feet of this request.
Four responses have been submitted, supporting the requested interpretation and
variance.
Section 8.4 provides that the Board shall decide appeals of denial of building permits
and interpretations of the development code. The applicant is specifically requesting
that the Board rule on the following:
• That the garage be defined as being attached and part of the residence rather
than detached and counted as an accessory building, thereby allowing the
construction of the barn as an additional accessory building; and
• That the lot be defined as Agriculture (based on its 2-acre size) rather than as
Residential (based on its zoning), and thereby allow the exception of Section
2.5.4.e(3) that barns be exempted from the masonry requirement for exterior
walls; or
• That, failing the above interpretations, variances be granted to allow the barn as
a third accessory building and synthetic siding rather than masonry.
Mr. Gary Weberg, 1740 McMillen Road, property owner of the subject property, stated
that the siding and trim of the accessory building will match the main structure. The
accessory building will resemble a barn and the intention is to store antiques. Mr.
Weberg stated that the Building Official did receive a picture of the house and agreed
that the garage was attached to the house, which stated at first after reviewing the plot
plan that the garage was detached from the house.
Mr. Alexander questioned the material used on existing accessory buildings adjacent to
the subject property. Mr. Weberg stated that all existing accessory buildings on
adjacent properties are metal buildings, and no accessory buildings are made out of
brick or masonry.
A motion was made by Mr. Alexander, and seconded by Ms. Herrera, to GRANT the
variance on the basis that the subject property is zoned Single Family 10, with attached
garage and the material can be out of hardiplank. Motion carried 5 -1, with Mr. Bullock
voting in opposition.
ADJOURNMENT
With no further business to discuss, a motion was made by Ms. Sargent, and seconded
by Ms. Jourdan, to adjourn the meeting at 8:50PM.
• . I,
La eBaro , airman May dley, Secre •ry