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10-25-2004 (Zoning Board of Adjustment) Minutes MINUTES Zoning Board of Adjustment City Council Chambers, Wylie Municipal Complex 2000 Highway 78 North Wylie, Texas 75098 Monday, October 25, 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 Jan Sargent Board Members Absent: Staff Members Absent: Weldon Bullock Renae 011ie Wayne Morman CALL TO ORDER Chairman LeBaron called the meeting to order at 7:07 p.m. CONSENT AGENDA 1. Consider and act upon approval of the Minutes of the September 27, 2004 Meeting. A motion was made by Mr. Alexander, and seconded by Ms. Jourdan, to approve the minutes as submitted. Motion carried 5 — 0. SWEARING IN OF ADJUDICANTS Mary Bradley, Secretary, administered oath. ZBOA Commission Meeting October 25, 2004 Page 2 of 6 PUBLIC HEARING 1. Hold a public hearing to consider and act upon a request by Greg Seamen for variances to Sections 5.1.F and 9.2 of the Zoning Ordinance in order to allow a legally nonconforming use to be renovated and continue, this property being located at 2809 Exchange Street and being Lot 41 of Block C of the Regency Business Park Phase 2 Addition. (ZBOA Case No. 2004-11). Thompson stated that the subject property has been platted since 1987 as Lot 41, Block C of the Regency Business Park Phase II. The applicant, M.L. Johnson and Associates, is an irrigation and landscape construction company and has occupied the property since 1998. The property was zoned Industrial (I) and in November 2001 with the adoption of the new city-wide Zoning Ordinance and Map the tract was rezoned to Business Center (BC). Contractor's Maintenance Yards and Outdoor Storage are not allowed within the BC District. The owner/applicant is proposing to expand the existing office space from 920 square feet to a total of 2,455 square feet, which results in 11% of the lot being covered. Sixty (60) percent of the back portion of the property cannot accommodate building construction or storage of equipment due to TXU Transmission Line and Explorer Pipeline easement. The new construction will comply with all requirements of the current Zoning Ordinance. Exterior wall will be two types of masonry, the entry will be emphasized by wall off-sets and the roof is pitched. Landscaping exceeds the current requirement and loading areas are screened from the street. The applicant stores plants and other landscape equipment on the rear of the lot. Twelve surrounding property owners within 200 feet of the subject property were notified as required by State Law. One form was returned favoring the variance. With no questions for the applicant or staff a motion was made by Mr. Alexander, and seconded by Ms. Jourdan, to GRANT the variance. Motion carried 4 — 1, with Ms. Sargent abstaining. ZBOA Commission Meeting October 25, 2004 Page 3 of 6 2. Hold a public hearing to consider and act upon a request by Gilbert Delgado for a variance to Section 20.3(1) (a) of the 1985 Zoning Ordinance in order to reduce the front yard from the required 20 feet to 8.2 feet, this property being located at 1011 Squire Drive and being Lot 3 of the Wyndham Estates Phase 3 Addition. (ZBOA Case No. 2004-12) Thompson stated that the subject property was platted in 1986 as Lot 3, of the Wyndham Estates Phase Ill Addition, and is zoned Industrial (I). When the building was built in 1997, the southwest corner was built 11.8 feet into the required building setback line. The minimum front yard setback is 20 feet according to Section 20.4 (1) (a) of the Zoning Ordinance in place at the time of platting. The building has a front building line setback of 16.8 feet at its narrowest point on the western side. It is not known why the existing structure was permitted to be constructed and occupied contrary to this requirement. At the time of selling the building, the new finance institution noticed the error, and the owner/applicant desires the variance in order to make the lot and building legal for sale. With no questions for the applicant or staff, a motion was made by Ms. Herrera, and seconded by Ms. Jourdan, to GRANT the variance to the front yard setback. Motion carried 5 — 0. 3. Hold a public hearing to consider and act upon a request by Glenn Sparks for a variance to Article XI, Section 22-394 of the Building Regulations of the Code of Ordinances in order to construct a 4 feet high picket fence within the front yard, this property being located at 301 Duncan Way and being Lot 12 of Block 2 of the Caldwell Estates Addition. (ZBOA Case No. 2004-13) Thompson stated that the subject property was created as Lot 12, Block 22 of the Caldwell Estates Addition. The property is located on a corner lot. The front yard measures approximately 30 feet deep and 77.5 feet wide. The owner/applicant constructed a four foot high decorative picket fence within the required front yard to provide safety for their three children while playing in the front yard. The fence has 50% visibility. Section 22.394 of the Code of Ordinances restricts fences within residential front yards. Mr. Glenn Sparks, 301 Duncan Way, Wylie, the owner/applicant of the subject property, stated that another purpose for the fence is safety issue from the speed of the traffic along Duncan Way and Second Street. A Junior High School and the Pirate Stadium, all of which are located behind Duncan Way, creates heavy intense traffic during school and special functions. ZBOA Commission Meeting October 25, 2004 Page 4 of 6 Board Members questioned the ability to change the type of fence if the current property owner was to move. Thompson stated that the variance goes with the land and if a motion to grant is made, stipulations can be made for the type of fence but not to control any time for its existence. A motion was made by Ms. Jourdan, and seconded by Mr. Alexander, to GRANT the variance to allow an ornamental four foot height fence in the front yard. Motion carried 5 - 0. 4. Hold a public hearing to consider and act upon a request by Jal Dennis for variances to Sections 2.5.4.b and 2.5.4.e. (3) of the Zoning Ordinance in order to increase the maximum size of an accessory building from 600 square feet to 650 square feet and to allow metal exterior walls rather than the required masonry, this property being located at 811 Crestview Lane and being Lot 2 of Block C of the Stonebridge Farms Phase 1 Addition. (ZBOA Case No. 2004-14) Thompson stated that the subject property was created as Lot 2, Block C in Stonebridge Farms Phase I. The property was developed according to the regulations of the Single Family-1 (SF-1) Residential District of the 1985 Zoning Ordinance, and is not zoned SF 10/19. The owner/applicant desires to construct a metal shop and carport on the subject property, which claims to have been in the construction process the new regulation for accessory building were adopted in before September 2003. The proposed carport and shop will total 1,300 square feet. The shop will be 675 square feet, or 7.7% larger than the maximum allowed 600 square feet. Section 2.5.4(e) (3) of the Zoning Ordinance also states that accessory buildings over three hundred (300) square feet in area be constructed with exterior walls composed of the same masonry content required of the main structure. The proposed shop and carport will be constructed of metal, rather than of masonry resembling the main residence. Mr. Jal Dennis, 811 Crestview, Wylie, owner/applicant of the subject property, stated that after the concrete was poured, money was saved to pay cash for the material to build the metal shop and carport. In the meantime, the regulations for accessory buildings were revised in the Zoning Ordinance, and completing the building under the new regulations is not feasible. The existing concrete does not have a brick ledge or foundation beneath in order to support masonry building, but will support a metal building. Thompson stated that the building official will require substantiation from a licensed Engineer that the concrete and foundation will support whatever type of building allowed. ZBOA Commission Meeting October 25, 2004 Page 5 of 6 Board Members discussed with the applicant the size of the shop and the materials for the exterior of the surrounding accessory buildings. Mr. Dennis stated that there is no consistency in the neighborhood, but most of the accessory buildings are made of metal exterior. A motion was made by Mr. Alexander, and seconded by Ms. Jourdan, to GRANT the variance to allow non-masonry exterior materials, but DENYING the variance to increase the size of the accessory building from 600 square feet to 675 square feet. Motion carried 5 — 0. 5. Hold a public hearing to consider and act upon a request by James Patterson for variances to Sections 7.3.F.2 and 7.7.B.1 of the Zoning Ordinance in order to allow off-premises compliance with required parking and landscaping requirements, this property being located at 2015 State Highway North and being Lot 1 R-3 of Block C of the Woodlake Village Addition. (ZBOA Case No. 2004-15) Thompson stated that the subject property is currently zoned Corridor Commercial (CC), but has been zoned for such diverse commercial uses since at least 1985. It was initially created in 1987 as Lot 1 of Block C of the Woodlake Village Addition, and is the rear portion (Lot 1 R-3) of the 7 acre remnant created by replanting of the Wal-Mart tract in June of 2004. Two lots of approximately one (1) acre each front State Highway 78 to the south of the subject tract. The subject property is to be further subdivided into two (2) lots totaling 5.311 acres which will be developed in phases and possibly as separate ownerships. The applicant intends to construct a single-story, multi-tenant building of 20,250 square feet on Lot 1 R-3R2, which is 2.9 acres. Lot 1 R-3R1 will be 2.411 acres, but no finalized plans have been made for its development. Access to the lots is provided by joint access easements from the undeveloped pad sites on the south and the Wal-Mart to the east. The two lots will be developed and maintained as a coordinated single unit. The Zoning Ordinance requires all landscaping and parking be provided on the lot on which the main structure is located. The tract of land is being subdivided in such a way that more parking will be accommodated than required on Lot 1 R-3R1 and will be shared with Lot 1R-3R2. On the other hand, Lot 1 R- 3R2 will provide more landscaping than required, and will be shared with Lot 1 R-3R2. Mr. James Patterson, Omni Plan, 1845 Woodall Rodgers, Suite 1500, Dallas, Texas, represented the architect for the subject property, stated that during the development of Lot 1, phase 1, the Site Plan shows where future landscaping will be once Lot 2, phase 2 is developed. Lot 1 will be fully compliant with all parking requirements, until Lot 2 is developed and the need for additional parking is required at that time. ZBOA Commission Meeting October 25, 2004 Page 6 of 6 Mr. Kim Sutton, Wilcox Development, 14001 Dallas Parkway, Dallas, Texas, represented the developer of the subject property, stated that no planning is completed for phase 2 at this time, but the applicant wanted to confirm that the parking and landscaping requirements are met for both phases 1 and 2, ahead of time and there will be no additional problems down the road. However, once both Lots have been developed there will be no definite property lines, and the property will resemble a single complete developed lot. A motion was made by Mr. Alexander, and seconded by Ms. Jourdan, to GRANT the variances to the parking and landscaping requirements. Motion carried 5 — 0. MISCELLEANOUS Thompson questioned the upcoming dates for a meeting, due to the holidays. Board Members agreed that if there are items to discuss, the next meeting will be on December 6, 2004, combining both the November and December Meetings. ADJOURNMENT With no further business to discuss, a motion was made by Ms. Sargent, and seconded by Ms. Herrera, to adjourn the meeting at 8:40PM. 6,4 L eBaron, Chairman Ma =V:dley, Secr ry