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12-06-2004 (Zoning Board of Adjustment) Minutes MINUTES Zoning Board of Adjustment City Council Chambers, Wylie Municipal Complex 2000 Highway 78 North Wylie, Texas 75098 Monday, December 6, 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 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 October 25, 2004 Meeting. A motion was made by Ms. Sargent, and seconded by Mr. Alexander, to approve the minutes as submitted. Motion carried 6 — 0. SWEARING IN OF ADJUDICANTS Mary Bradley, Secretary, administered oath. ZBOA Commission Meeting December 6, 2004 Page 2 of 3 PUBLIC HEARING 1. Hold a public hearing to consider and act upon a request by Steven Lewis for a variance to Section 26.4(1) (b) Accessory Building Regulations of the 1985 Zoning Ordinance to reduce the required side yard from the required 5 feet to 3.5 feet and to reduce the required distance between the accessory building and the main structure from 5 feet to 3.5 feet, this property being located at 1204 Quail Meadow Drive and being Lot 12 of Block E of the Quail Meadow Addition. (ZBOA Case No. 2004-16). Thompson stated that the subject property was created as Lot 12, Block E in the Quail Meadow Addition. The property totals 0.203 acres and is occupied with a two story residence of masonry construction. The applicant constructed a wood frame and siding accessory building approximately 3.5 feet from the main structure and 3.5 feet from the western property line. Twenty-five surrounding property owners within 200 feet of the subject property were notified as required by State Law. Two forms were in opposition and eight favoring the variance. The accessory building is not on a permanent foundation, but is rather on wood skids. The applicant has not indicated why the building cannot be relocated to a position within the rear yard, which complies with the setback requirements. A number of accessory buildings within the neighborhood appear to be less than the required setback dimensions and there is not a record if these structures were legally permitted or provided variances. Chairman LeBaron opened the Public Hearing. Mr. Steven Lewis, applicant/owner, 1204 Quail Meadow, stated that the accessory building would take up his yard and there is plenty of room to mow around the building. If unable to obtain a variance, the fence would need to be removed and the accessory building is very heavy. Mr. Lewis expressed not understanding the issue of not placing the building where he desires. Dr. Howard Linn, 1206 Quail Meadow, neighbor to the adjacent west of the subject property, spoke in opposition of the size of the building because deters from the curb appeal of the neighborhood. Chairman LeBaron closed the Public Hearing. ZBOA Commission Meeting December 6, 2004 Page 3 of 3 The Board Members discussed the location of the accessory building and the ability and inability to move the building to the back of the property. A motion was made by Mr. Alexander, and seconded by Ms. Sargent, to GRANT the variance. Motion failed 2 — 4. With no other motion made, the request for a variance was DENIED. MISCELLEANOUS Thompson reminded the Board Members of the Board and Commission Appreciation on December 14, 2004, at the City Council meeting at 5:30pm. ADJOURNMENT With no further business to discuss, a motion was made by Ms. Herrera, and seconded by Mr. Alexander, to adjourn the meeting at 7:30PM. Layne LeBaron, Chairman Mary ra y, Secretary