04-25-2005 (Zoning Board of Adjustment) Minutes MINUTES
Zoning Board of Adjustment
City Council Chambers, Wylie Municipal Complex
2000 Highway 78 North Wylie, Texas 75098
Monday, April 25, 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 Mary Bradley
Marilyn Herrera
Mitch Herzog
Linda Jourdan
Layne LeBaron
Jan Sargent
CALL TO ORDER
Chairman LeBaron called the meeting to order at 7:08 p.m.
CONSENT AGENDA
1. Consider and act upon approval of the Minutes of the February 21, 2005
Meeting.
A motion was made by Ms. Herrera, and seconded by Mr. Herzog, to approve the
minutes as submitted. Motion carried 7 — 0.
SWEARING IN OF ADJUDICANTS
Mary Bradley, Secretary, administered oath.
ZBOA Commission Meeting
April 25, 2005
Page 2 of 5
PUBLIC HEARING
1 . Hold a public hearing to consider and act upon a request by Glen Chancellor for
interpretation of and variance to Section 2.5.4e of the Zoning Ordinance
regulating the exterior wall material of accessory buildings, this property being
located at 1750 McMillen Road, Tract 1-4, Abstract No. 688-5. (ZBOA Case No.
2005-07).
Thompson stated that the property was initially created in 1993 by platting of McMillen
Farms, which was later renamed by replat to the McMillen Estates Addition. The
McMillen Farms subdivision was zoned as Single-Family Residential (SF-1), for lots of
10,000 square feet and larger under the 1985 Zoning Ordinance. This zoning
classification was converted to Single-Family-10 (SF-10) Residential District with the
City-wide revision of the Zoning Ordinance and Map in November of 2001.
The subject lot is 2.1805 acres in size and complies with the Agriculture District,
although it is zoned Residential.
The applicant desires to construct an 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 with exterior walls of synthetic siding (Hardiplank).
Other existing accessory buildings in the vicinity have metal or wood siding, differing
from the masonry walls of their residences. In August of 2004, the Board approved a
similar request adjacent to the subject property.
Public comment forms were mailed out to ten (10) property owners within 200 feet of
this request, and two were received in favor of the request at the time of posting.
Chairman LeBaron opened the public hearing.
Glen Chancellor, 1750 McMillen Road, applicant/homeowner of the subject property,
stated that he has owned the property since 1997. He has already poured concrete
measuring 20 feet by 25 feet for the accessory building, which is located 216 feet away
from the home.
Chairman LeBaron closed the public hearing.
The Board Members questioned the zoning and requirement for accessory buildings.
Thompson stated that the applicant is requesting that the Board Members to consider
the lot size and not the zoning of the subject property.
ZBOA Commission Meeting
April 25, 2005
Page 3 of 5
A motion was made by Ms. Sargent, and seconded by Mr. Ellis, to GRANT the variance
to construct the structure with exterior walls of synthetic siding (Hardiplank). Motion
carried 5 — 1, with Ms. Jourdan voting in opposition and Mr. LeBaron abstaining.
2. Hold a public hearing to consider and act upon a request by the Scott Wolfe for
a variance to Section 4.3.A.3 of the Zoning Ordinance regulating the setback
requirements for the Industrial District, including the front yard setback from the
required fifty feet to twenty-five feet, and the rear yard setback from the required
twenty-five feet to ten feet and the side yard setback from the required twenty-
five feet to ten feet, this property being located at Lot 1, Block A of the Allen
Atterbury Survey Abstract 23, a part of the unrecorded Caldwell Estates Addition.
(ZBOA Case No. 2005-08).
Thompson stated that the subject property has been platted since 1986 as Lots 20 and
21, of the Wyndham Estates Phase III Addition, and is zoned Industrial (I). The
applicant desires to replat the two lots into one single lot, which would cause the subject
property to loose all vested rights to previous code regulations and would require
conformance with the current Zoning Ordinance.
The applicant requests a variance to change the currently required 50 feet front setback
to 25 feet, the required 25 feet side yard setback to 10 feet and the required 25 feet rear
setback to 10 feet.
The subject property was platted under 1985 Zoning Ordinance requirements for a front
yard setback of 20 feet for Industrial zoned districts. However, these requirements were
modified with the city-wide revision to the Zoning Ordinance in 2001, increasing the
required front yard setback to 50 feet and the rear and side yards to 25 feet.
Sixteen comment forms were mailed to property owners within 200 feet of the subject
property, three comment forms were returned, one favoring and two in opposition of the
requested variance.
The subject property totals 0.367 (16,009 square feet) acres in size. It is proposed to
construct a 1 ,500 square feet office/warehouse facility, resulting in 9% of the lot being
covered. The Zoning Ordinance allows maximum lot coverage of 50%.
Scott Wolfe, 1412 Leeward Lane, Wylie, represented the engineer for the subject
property, stated that the applicant Artex Electric Company, who currently has two
offices, one in west Texas and one in Oklahoma. The applicant desires to build a
facility in Wylie that will have space to park electrical equipment when not on a job site.
Board members discussed the concern of the screening between the subject property
and the residential homes directly adjacent. Mr. Wolfe stated that a six-foot masonry
wall will screen the residential district located directly behind the subject property.
ZBOA Commission Meeting
April 25, 2005
Page 4 of 5
A motion was made by Ms. Jourdan, and seconded by Ms. Sargent, to GRANT the
variance with the stipulations that the screen wall will be eight-foot masonry wall.
Motion failed 5 — 2. With no one making a different motion, the variance was DENIED.
3. Hold a public hearing to consider and act upon a request by the WISD for a
variance to Section 4.4 Nonresidential Design Standards — Exterior Building
Materials of the Zoning Ordinance to allow the use of a stucco-finish metal panel
in lieu of the required masonry, this property being located east of Ballard
Avenue and south of Pirate Drive of the A. Atterberry Survey, Abstract No. 23,
Tract 26. (ZBOA Case No. 2005-09).
Thompson stated that the subject property is located to the rear (east and south) of the
Wylie Independent School District (WISD) Intermediate school and administration
building. The proposed development is a new 45,000 square feet storage/maintenance
facility for the WISD. The applicant is requesting a variance to allow the use of a Stucco
covered metal panel wall system to satisfy the exterior masonry requirement.
The applicant proposes to use a composite material consisting of a stucco material
affixed to a metal backing. The Maintenance Facility is designed for future expansion,
and the applicant states that at the time of expansion, the metal wall panels can be
removed, stored and reused on the new exterior walls, unlike laid-in-place masonry
units thus saving on cost and resource depletion.
The Zoning Ordinance requires that the exterior walls of nonresidential buildings be
"100% masonry, including brick, stone, cast stone, decorative concrete or stucco."
Stucco is defined as a masonry substance troweled on to a supporting lath material.
This regulation controls the exterior finish of the wall, rather than the structural
elements. The Building official has ruled that the material does not comply with the
definition of masonry or stucco.
Seventy-five comment forms were mailed to property owners within 200 feet of the
subject property, two comment forms were received, both in favor of the request.
The subject property totals 60.403 acres in size. The subject building will be partially
screened from public streets and neighboring properties by the other WISD buildings.
ZBOA Commission Meeting
April 25, 2005
Page 5 of 5
Brian Miller, Assistant Superintendent Business, Wylie ISD, P. O. Box 490, Wylie,
Texas, stated that the request for the use of the metal panels will help in being
conservative of the materials when or if expanded. The panels are guaranteed for
twenty years, and can be replaced without having to remodel the entire building. The
panels are 16 inches wide and up to 22 feet in length.
Robert Graham, PBK Architect, service architectural firm for the WISD, stated that the
durability is better for the metal panels because it has compressed marble product. The
appearance is the same as Stucco, but has more durability than Stucco. Single panels
can be replaced and expanded, however, if the building was out of masonry or stucco,
then the entire wall or facility would be remodeled. In the future, the subject property
will be screened by a possible performing center, which will be out of brick. No schools
or performing center will be built out of any thing other than masonry.
Chairman LeBaron closed the public hearing.
A motion was made by Mr. Ellis, and seconded by Ms. Jourdan, to GRANT the variance
for the use of stucco-finish metal panels on the exterior building materials. Motion
carried 7 — 0.
ADJOURNMENT
With no further business to discuss, a motion was made by Ms. Sargent, and seconded
by Mr. Herzog, to adjourn the meeting at 8:15PM.
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Layne LeBaron, Chairman Ma Br ley, Secretary