01-24-2005 (Zoning Board of Adjustment) Minutes MINUTES
Zoning Board of Adjustment
City Council Chambers, Wylie Municipal Complex
2000 Highway 78 North Wylie, Texas 75098
Monday, January 24, 2005
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:
Weldon Bullock Claude Thompson
Jeff Ellis Renae 011ie
Marilyn Herrera Mary Bradley
Mitch Herzog
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 December 7, 2004
Meeting.
A motion was made by Ms. Sargent, and seconded by Ms. Herrera, to approve the
minutes as submitted. Motion carried 5 — 2, with Mr. Herzog and Mr. Ellis abstaining.
SWEARING IN OF ADJUDICANTS
Mary Bradley, Secretary, administered oath.
ZBOA Commission Meeting
January 24, 2005
Page 2 of 5
PUBLIC HEARING
1. Hold a public hearing to consider and act upon a request by Larry DeBerry for a
variance to Section 3.3(B)(3) Townhouse District Development Standards of the
Zoning Ordinance to reduce the required lot width from 30 feet to 25 feet, and to
reduce the required lot size from 3,500 minimum square feet to 3,300 minimum
square feet, this property being located at 415 N. Jackson, Lot 2D, Block 3 in the
Russell Addition. (ZBOA Case No. 2004-17).
Thompson stated that the property was originally platted as single Lot 2, Block 3 of the
Russell No. 1 Addition, and later divided into Lots 2B, 2C, 2D, and 2E. The subject
property is Lot 2D.
The subject property measures approximately 135.feet deep by 50 feet wide totaling
approximately 6,748 square feet in area. The applicant desires to replat the lot to
accommodate townhouse. When replatted, the lot will not be large enough to comply
with the 3,500 square feet minimum required for attached dwellings. Therefore, the
applicant is requesting to reduce the required lot width from 30 feet to 25 feet, and to
reduce the required lot size from 3,500 minimum square feet to 3,300 minimum square
feet.
Two (2) comment forms out of fourteen (14) property owners within 200 feet of the
subject property were returned, and one (1) form favoring and one (1) form opposing
the request for a variance.
The subject property will require replatting, and each lot will have an area of 3,374
square feet.
Larry DeBerry, 8277 Private Road 5397, Nevada, Texas 75173, applicant/developer for
the subject property, stated that the request to move the lot width from 30 feet to 25 feet
will maintain the required five feet side yard setback on either side. The properties to
the north and south are developed as duplexes except for the properties adjacent on
either side of the subject property. The intent is to build a duplex on the subject
property and in the future, when the time is right build duplexes on the two adjacent
properties.
A motion was made by Ms. Herrera, and seconded by Mr. Herzog to GRANT the
request for a variance to reduce the lot width to 25 feet and will maintain the five feet
side yard setback on either side. Motion carried 7 — 0.
ZBOA Commission Meeting
January 24, 2005
Page 3 of 5
2. Hold a public hearing to consider and act upon a request by Robert and
Rosemary Love for a variance to Section 11.3(1)(c) of the 1985 Zoning
Ordinance to reduce the required rear yard from the required 25 feet to 20.85
feet, this property being located at 500 Crenshaw Drive, Lot 1, Block D of the
Meadows of Birmingham Phase 2 Addition. (ZBOA Case No. 2005-01).
Thompson stated that the subject property was created in April of 2003 with the platting
of Phase 2 of the Meadows of Birmingham Addition. A rear yard setback of twenty-five
feet is required in the Single-Family-3 (SF-3) Residential District.
The rear exit of the subject residence is by a single door, opening on to a paved patio
which measures 10 feet by 20 feet. This door faces east and receives a majority of the
direct sun. An uncovered porch extends from the rear wall of the residence ten feet,
and the proposed 20 feet width is a minimal measurement to cover the paved porch
area.
Public comment forms were mailed to twenty (20) property owners within 200 feet of the
request and three comment forms returned all in favor of the request.
Robert and Rosemary Love, 500 Crenshaw Drive, the applicants/property owners of the
request, stated that the patio cover will measure 10 feet by 20 feet, which will cover the
existing concrete slab with built-in gutters for drainage.
A motion was made by Ms. Sargent, and seconded by Ms. Jourdan, to GRANT the
variance of 20.85 feet. Motion carried 7 — 0.
3. Hold a public hearing to consider and act upon a request by Stephen C.
Averill for a variance to Section 9.2 (11) of the Planned Development District
(PD 99-32) to reduce the required street-side side yard from the required 20
feet to 17.71 feet, this property being located at 1530 Lynn Drive, Lot 3, Block
C in the Creekside Estates Phase 1 Addition. (ZBOA Case No. 2005-02).
Thompson stated that the subject property was zoned in October of 1999 as Creekside
Estates Addition as a Planned Development District 99-32. The conditions of the PD
require a side yard setback of twenty (20) feet when a side yard is adjacent to a side
street.
The subject property is located on the northeast corner of Lynn Drive and Glenwood
Drive. The applicant is requesting that the side yard that faces Glenwood Drive be
reduced by two feet four inches to allow for a 2,500 square feet home. The requested
variance is 11 percent from the required setback. The southern property line narrows
from a front property line width of 94.25 feet to 63.44 feet wide at the rear property line.
The back portion of the property contains a 68.52 foot drainage easement.
ZBOA Commission Meeting
January 24, 2005
Page 4 of 5
The southeast corner of the house will be 17.71 feet from the side property line,
encroaching 2.08 feet into the required setback or a variance of 11 percent of the
required 20 feet side yard depth.
Steve Averill, Bowen Family Homes, 131 S. Tennessee, McKinney, Texas, represented
the home builder of the subject development, stated that the subject property is the last
lot in phase 1 of Creekside Estates Addition, and is currently occupied by a construction
trailer which is surrounded by a fence. The construction trailer will be removed and a
single family dwelling of 2,500 square feet will be constructed.
A motion was made by Ms. Jourdan, and seconded by Mr. Bullock, to GRANT the
request for a variance to reduce the required street-side yard to 17.71 feet. Motion
carried 7 — 0.
4. Hold a public hearing to consider and act upon a request by Jay Cullar for a
variance to Section 4.2(A) of the Zoning Ordinance to reduce the required
front yard setback from 50 feet to 25 feet, and to reduce the rear yard setback
from the required 25 feet to 24 feet, this property being located South of
Alanis Drive at Martinez Lane, and north of Glen Knoll Mobile Home Park.
(ZBOA Case No. 2005-03).
Thompson stated that the request is being brought by the City of Wylie and Jay Cullar is
speaking as the City's Right-of-Way Agent on behalf of the City. The subject property
fronts to the south of Alanis Drive. The property is zoned Business Center (BC) District,
which requires a front yard of fifty (50) feet and rear yard of twenty-five (25) feet.
The widening and improvements of Alanis requires additional right-of-way from the
subject property approximately seventy-five (75) feet deep and one thousand three
hundred seventy (1,370) feet long. The City's Right-of-Way Agent has determined that
this purchase will create a remnant lot which is too small to accommodate the setback
required by the BC zoning. Therefore, the city, on behalf of the owner, is requesting a
variance to reduce the front yard setback from fifty (50) feet to twenty-five (25) feet and
to reduce the required rear yard setback of twenty-five (25) feet to twenty-four (24) feet.
Jay Cullar, 11615 Forest Central Drive, Suite 205, Dallas, Texas, represented as the
Right-of-Way Agent for the City of Wylie, stated that the improvements to Alanis
significantly impact the subject property, and creates a hardship for the property owner
where the appraisers for the City of Wylie have determined that the property with the
current zoning setbacks is undevelopable or an un-economic remainder. This creates
two problems, the City of Wylie would have to purchase the entire property, and second,
the property would be removed from the future tax base of the city. Only after applying
for variances for setbacks could the property be developable and have some use in the
future.
ZBOA Commission Meeting
January 24, 2005
Page 5 of 5
To clarify the measurements, the property is 200 feet deep, the City of Wylie is
acquiring 80 feet off the front of the property, and leaving the property with only 120
feet. With the current setbacks the property would only have 20 feet, which is not
enough to sustain economic activity of any kind. The Board Members discussed in
length the use and the future development of the road. Mr. Cullar stated that no
development is planned at this time, but the economic activity development would
conform to the Business Center Zoning.
A motion was made by Ms. Sargent, and seconded by Mr. Herzog, to GRANT the
variance to reduce the front yard setback from fifty (50) feet to twenty-five (25) feet and
to reduce the required rear yard setback of twenty-five (25) feet to twenty-four (24) feet.
Motion carried 6 — 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 8:30PM.
t`a e LeBaron, Chairman Ma Bra ey, Secretary