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09-26-2005 (Zoning Board of Adjustment) Minutes MINUTES Zoning Board of Adjustment City Council Chambers, Wylie Municipal Complex 2000 Highway 78 North Wylie, Texas 75098 Monday, September 26, 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 Mary Bradley Jeff Ellis Renae 011ie Mitch Herzog Claude Thompson Linda Jourdan Layne LeBaron Board Members Absent: Marilyn Herrera Jan Sargent CALL TO ORDER Chairman LeBaron called the meeting to order at 7:15p.m. ELECTION OF OFFICERS 1. Hold elections for Chair and Vice-Chair of the Zoning Board of Adjustment. A nomination was made for Layne LeBaron for Chair and a nomination was made for Jeff Ellis for Vice-Chair, the consensus approved 4 — 0, with Ms. Herrera, Ms. Jourdan and Ms. Sargent absent. CONSENT AGENDA 1. Consider and act upon approval of the Minutes of the June 27, 2005 Meeting. A motion was made by Mr. Bullock, and seconded by Mr. Ellis, to approve the minutes as submitted. Motion carried 4 — 0, with Ms. Jourdan arriving after vote and Ms. Herrera and Ms. Sargent being absent. SWEARING IN OF ADJUDICANTS Mary Bradley, Secretary, administered oath. ZBOA Commission Meeting September 26, 2005 -- Page 2 of 5 PUBLIC HEARING 1. Hold a public hearing to consider and act upon a request by Paula T. Stover, Wal- Mart for a variance to Section 5.5 (A) Temporary Uses of the Zoning Ordinance to extend the required 90 day temporary use time period to allow for mobile storage containers to be placed in the rear of the property during seasonal peak periods (9 months out of the year), and a variance to Section 2.5.4.e(3) regulating the exterior building material, this property being located at 2050 N. Hwy 78, Lot 1 R-1, Block C of the Woodlake Village Phase 1 Addition. (ZBOA Case No. 2005-18). Mr. Thompson stated the subject property is located north of S. H. 78 and west of Spring Creek Parkway. The property is occupied by the 187,437 square foot Wal-Mart Supercenter. The property is zoned Corridor Commercial to allow retail uses. It was platted in June 2003 to create the lot for Wal-Mart as well as out-parcels for other retail. The applicant Wal-Mart has placed eight (8) portable containers to the rear (north) and side (east) of the existing building to provide adequate storage for seasonal merchandise. This merchandise is of such quantity that it is moved to and from the storage containers by fork lift, requiring ground-to-ceiling clearance. In order to provide merchandise at high-demand periods, these mobile storage containers are needed during seasonal peak periods of the business. The mobile storage containers will house back stock items and layaways. The storage containers will not affect any required parking spaces. This request will extend the maximum 90 days allowed by the Zoning Ordinance for temporary uses to an ongoing use of nine (9) months out of each year. The applicant argues that mobile storage containers are the most economical option to obtain the additional storage space needed to address seasonal back stock and off-site facilities will increase the time required to provide service to customers as well as cost. Public comment forms were mailed out to seven (7) property owners and one comment form was received in favor of the request. Ray Andaw, Wal-Mart, 2050 N Highway 78, Wylie, Texas, represented applicant for the subject property, and stated that the storage buildings would be on-site during the months of September through December, and then April through June only. These months are classified as peak seasonal times. The storage buildings are portable and removed at the end of December and then brought back to the property at the end of March, and will be used on an as-needed basis. The maximum number of storage buildings, known as pods, will be ten and will be located at the back of the property and to the east side of the property. A beneficial point system is provided by the main home office if a portable building is removed before or by the end of the peak seasonal times. ZBOA Commission Meeting September 26, 2005 —page 3 of 5 The portable storage buildings are in place, and received guidance from the Development Issues Review Team, which recommended submitting the application and placing the storage buildings behind the building and to the east of the property. The Board Members questioned if a permanent storage building could be built. Mr. Andaw stated that several factors would prevent them from building a permanent facility. One major factor is the building would not be tall enough to house all the necessary portable buildings, and allow a forklift to come in and move products. Another factor is a variance would be required for the setbacks, plus authorization from Wal-Mart main head quarters would be required. The portable buildings are only used during the seasonal peak times, and a building meeting the masonry requirements would be a permanent fixture and may not be favorably approved by the main office. A motion to GRANT the request for a variance was made by Ms. Jourdan and seconded by Mr. Bullock. Motion failed 2 — 3. The Board members discussed the possibly of approving a temporary use permit and enforcing stipulations with the temporary use permit. Mr. Andaw stated that a temporary use permit would allow time to present to home office the alternative options as an off-site storage facility or even expanding the building to house the seasonal products. A motion was made by Ms. Jourdan, and seconded by Mr. Herzog, to GRANT the variance for two 90 day period of temporary use, restricted to one year review, no masonry requirement, and no more than 3,000 square feet. Motion carried 5 — 0. 2. Hold a public hearing to consider and act upon a request by Mike Green for a variance to Section 2.5.4.e(2) Accessory Buildings of the Zoning Ordinance to allow wood siding in lieu of the composite masonry requirements, this property being located at 513 Valentine Lane, Lot 5, Block 3 in the Holiday Terrace Addition. (ZBOA Case No. 2005-19). Thompson stated that the subject property was platted in September of 1958 as Lot 5, Block 3 of the Holiday Terrace Addition First Installment. The property was platted under the regulations of the Single-Family Residential District of the 1962 Zoning Ordinance. The subject property has since been rezoned from SF-3 to its current zoning of SF-8.5/17. The applicant desires to construct a 12 feet by 16 feet (192 square feet) accessory building — storage shed in the rear yard of the subject lot, and is requesting a variance to the 75% masonry requirement. Public comment forms were mailed out to twenty-three (23) property owners. Three comment forms were received, two favoring the request and one opposing the request. ZBOA Commission Meeting September 26, 2005 Page 4 of 5 The applicant hired a contractor to build the accessory building, and the building was constructed prior to receiving building permits and was not aware of the masonry requirement. Mike Green, 513 Valentine, Wylie, represented home owner of the subject property, stated that after the construction was started, the contractor recommended applying for a building permit. Mr. Green was informed of the masonry requirements after the contractor left the job. The intent is to paint the siding of the storage building to match the main structure, and will be 192 square feet. The Board Members questioned the purpose of the building. Mr. Green stated that the building will be used for storage only. A motion was made by Mr. Herzog, and seconded by Ms. Jourdan, to GRANT the variance to allow wood siding in lieu of the composite masonry requirement. Motion carried 4 — 1, with Mr. Bullock voting in opposition. 3. Hold a public hearing to consider and act upon a request by the City of Wylie for a variance to Section 5.5(A) Temporary Uses of the Zoning Ordinance to extend the maximum 90 day temporary time period to three (3) years to allow for a portable building to expand office space, this property being located at 2000 Highway 78 North, Abstract No. 688-2, Tract 195 of the Francisco de la Pina Survey. (ZBOA Case No. 2005-20). Thompson stated that the subject property is occupied by the Municipal Building and administrative offices of the City of Wylie, and is zoned Corridor Commercial (CC) District. These spaces are now crowded and expansion of permanent facilities are in the planning stage. Temporary offices are allowed within all commercial districts, and are limited to less than ninety (90) days of operation. The City is requesting a variance to the 90 day time limit for a temporary use. In order to continue to provide services in an effective manner the City must expand office space, and various options are under consideration. The most fiscally responsible option is to utilize a portable building temporarily. This request will extend the required 90 day temporary use to a three year temporary use to allow sufficient time for the planning and design of additional permanent space. Public comment forms were mailed out to seven (7) property owners, and one comment form was received in favor of the request. ZBOA Commission Meeting September 26, 2005 Page 5of5 Mark Roath, 1615 Red Cedar Drive, Wylie, City Manager for City of Wylie located 2000 Highway 78 North, stated that because of the hardship in essence of growth has caused the need to create ways for personnel and continue public services for the community. Additional alternative locations for some of the offices were investigated and resulted in a large negative impact for the citizens having to hunt the town for specific offices. In February 2005, the Board approved two similar modular buildings for a three year temporary use with the expiration date of February 2008, the current request can be modified to stipulate, if the request is granted, to expire in February 2008 with the previous request. Because of Katrina hurricane, the time factor is of essence, the vendor has stated that modular buildings may not be available if not completed quickly. In November the voters will determine if the bond program will include a new municipal building. After the election in November, if the bond program is not passed, other avenues will be investigated to facilitate all personnel and offices. A motion was made by Mr. Ellis, and seconded by Mr. Herzog, to GRANT the variance as stated with expiration in February 2008, consecutive with the existing modular buildings approved in February 2005. Motion passed 4 — 1, with Mr. Bullock voting in A--_ opposition. MISCELLANEOUS Thompson polled the Board Members oa Members agreed convenient Decembedue to holidays in 12, 2005 for the November and December. The B joint meeting in November and December, if a meeting is needed. ADJOURNMENT With no further business to discuss, a motion was made by Mr. Ellis, and seconded by Ms. Jourdan, to adjourn the meeting at 8:45PM. Layne LeBaron, Chairman Ma Br ey, Secretary