08-21-2006 (Zoning Board of Adjustment) Minutes Wylie
Zoning
Adjustment
CITY 71/w
Y
Minutes
Zoning Board of Adjustment
Monday, August 21, 2006 —7:00 pm
Wylie Municipal Complex — Council Chambers
2000 Highway 78 North
CALL TO ORDER
Announce the presence of a Quorum.
Chairman LeBaron called the meeting to order at 7:07PM.. Board Members present
were: Chairman LeBaron, Board Member Ms. Herrera, Board Member Ms. Jourdan,
Board Member Mr. Young, and Board Member Mr. Ellis. Alternate Board Member Ms.
} aryl McGinnis was also present.
Staff members present were: Assistant City Planner Rena Renae 011ieand Secretary, Mary
Bradley.
WELCOME NEW BOARD MEMBER
Chairman LeBaron welcomed new Alternate Board Member Karyn McGinnis.
ELECTION OF OFFICERS
Hold elections for Chair and Vice-Chair of the Zoning Board of Adjustment Members.
Mary Bradley distributed paper to each Board Member with each members name on it
for them to select their nominations. After each Board Member selected their
preference, Mary Bradley polled the result, which were; Board Member Mr. Ellis as
Chair and Board Member Ms. Jourdan as Vice-Chair.
CONSENT ITEMS
Consider and act upon approval of the Minutes of the July 17, 2006 Meeting.
A motion was made by Board Member Mr. LeBaron, and seconded by Board Member
Mr. Young, to approve the minutes of the July 17, 2006 meeting as submitted. Motion
arried — .
Minutes August 21, 2006
Wylie Zoning Board of Adjustment
Page 1 of 4
PUBLIC HEARINGS
S
1. Hold a public hearing to consider and act upon a request by Richard M.
Taylor — Habitat for Humanity for a variance to Section 3.2 B 3 Single
Family - 10 District Development Standards of the Zoning Ordinance to
reduce the required lot size from 10,000 minimum square feet to 5,931
minimum square feet; to reduce the dwelling size from the minimum 2,400
square feet to 1,200 square feet; to reduce the side yard set back from ten
feet to six feet; to allow a one car garage in lieu of the required two car
garage, this property being located at 408A Jackson Avenue, being all of Lots
2B, 2C, & 2F, Block 2 of the Russell #1 Addition, generally located east of
Jackson Street and north of Brown Street,. (ZBOA Case No. 2006-0 R .
Ms. 011ie stated that at the Boards direction at the July 17, 2006 meeting, the case was
informally presented to the Planning and Zoning Commissioners via a poll for a change
of zoning from Single Family Residential to Townhouse District. The result of the poll
was not in favor of rezoning the property, but the desire was to uphold the
Comprehensive Plan that designates the east side of Jackson as single-family
development.
The applicant is requesting a variance for lot size, house size, and size of garage. The
applicant is proposing to construct two single-family residences, each on 5,931 square
feet lots, with a dwelling size of 1,200 square feet, and one car enclosed garage. The
dwellings will be constructed of brick in accordance with the Zoning Ordinance.
A Replat of the subject property was approved by Planning and Zoning Commission on
August 15, 2006 with the stipulation of this Board granting the variances.
With no questions for the applicant or Staff, a motion was made by Board Member Mr.
Young, and seconded by Board Member Ms. Herrera, to GMAT the request for a
variance to Section 3.2(B)(3) Single Family-10 District Development Standards of the
Zoning Ordinance to reduce the required lot size from 10,000 minimum square feet to
5,931 minimum square feet; to reduce the dwelling size from the minimum 2,400 square
feet to 1,200 square feet; to reduce the side yard set back from ten feet to six feet; to
allow a one car garage in lieu of the required two car garage. Motion carried 5 — O.
2. Hold a public hearing to consider and act upon a request by Jenny Conley
for a Variance to Section 2.5.4(3) - Rear Yard Regulations of the Zoning
Ordinance to reduce the rear yard setback from the required 25 feet to 6 feet,
this property being located at 1312 Fayette Court, being Lot 10, Block I of the
Birmingham Farms Phase 3B Addition, generally located east of Country Club
Road (FM 1378) and north of Park Boulevard. BOA Case No. 2006-07).
Ms. 011ie stated that the subject property has been platted since December 2003 as Lot
10, Block 1 of the Birmingham Farms Phase 3B Subdivision, and is zoned Single-
Family--I 024.
Minutes August 21, 2006
Wylie Zoning Board of Adjustment
Page 2 of 4
The subject property measures approximately 31 feet deep and approximately 51 feet
wide in the rear yard. The rear exit of the subject residence is by a single door facing
north, opening onto a paved patio which measures 10 feet by 12 feet. The applicant
desires to construct a pergola to provide shade from the afternoon sun as well as
provide energy efficiency for the home. The pergola will measure 20' i 2xl O' in size
and will be constructed of 100% Western Red Cedar. The covering will be 19 feet from
the rear property line, extending 6 feet into the required rear yard or a variance of 24
percent from the required setback.
Twenty-eight 2 comment forms were mailed to surrounding property owners, two
responses favoring the request and none opposing the request were received at the
time of posting.
Ms. Jenny Conley, property owner, introduced her father, to speak in her behalf. Mr.
Murphy, 15044 Delaney Lane, Forney Texas, stated that the pergola will cover the
length of the house, and extend into the rear building line. Additional concrete will be
poured along the length of the house, and have a two feet overhang.
A motion was made by Board Member Ms. Jourdan, and seconded by Board Member
Ms. Herrera, to GRANT T the variance to Section 2. .4. 3 Rear yard regulations of the
Zoning Ordinance to reduce the rear yard setback from the required 25 feet to 19 feet.
Motion carried 5 — O.
3. Hold a public hearing to consider and act upon a request by Nick Matay for
a Variance to Section 12.B.8 of the 1962 Zoning Ordinance to reduce the
front yard setback from the required 25 feet to three feet to allow for the
construction of a carport, this property being located at 323 South First Street,
being Lot 13, Block B of the Lavon Terrace Addition, generally located south
of Butler Street and north of Stone Road. (ZBOA 2006-08)
Ms. 011ie stated that the subject property was platted in August 1970, as Lot 13, Block B
of the Lavon Terrace Subdivision.
The dwelling has a single front entry garage and the applicant is proposing to construct
a carport that will shield other vehicles from the elements.
The property has a platted twenty-five feet building line. The entrance to the existing
garage is 25.5 feet from the front property line. The request is to build a 22 x 20 steel
carport to be attached to the house and extend twenty-two feet into the front yard and
five feet and nine and one half inches in the side yard. Also, the applicant desires to
construct an 8 x 1 cover over the existing front porch area. The carport will be three
feet from the front property line.
Mr. Nick McBay, 2510 Highway 175, #210, Seagoville, Texas, represented Mesquite
Metal Products the contractor for the proposed carport. The property owner has a
corvette that is stored in the single car garage, and has two other vehicles that need
protection. The carport is a steel beam unit, with his company being the only one that
makes them.
Minutes August 21, 2006
Wylie Zoning Board of Adjustment
Page 3 of 4
Board Member Ms. Jourdan questioned the design of the carport. Mr. McBay stated
that the carport is L-shape design, which will cover from the front porch to the vehicle.
Mr. Ken Lawrence, 331 S First Street, spoke in favor of the carport and requested that
the Zoning Ordinance be amended to allow carports by right. The carport does not
distract from the neighborhood, but enhances the neighborhood.
Board Member Ms. Herrera questioned if the carport was already built. Mr. May
stated that to be honest, the property owner was in a hurry, did not want to wait for the
variance, and he needed the money. Mr. McBay started the carport, was stopped by
Building Inspections with a citation.
Board Member Mr. Young questioned the location of the posts. Mr. McBay stated that
the carport has three posts in the ground, and two are in the slab.
Chairman Ellis stated that he drove by the neighborhood and the carport was not
unsightly, which is causing him to be quandary on deciphering the hardship. However,
did not want to create precedence if all neighbors wanted to build a carport similar to the
proposed.
With no motion from the Board Members, Chairman Ellis stated that the variance was
DENIED, to Section 12.B. Supplemental Regulations Accessory Buildings of the 1962
Zoning Ordinance to reduce the front yard setback from the required 25 feet to 3 feet.
ADJOURNMENT
A motion was made by Board Member Mr. Young, and seconded by Board Member Ms.
Jourdan, with the consensus from all Board Members to adjourn the meeting at 7:40PM.
Jeff Ellis, Chairman
ATTEST:
Ma B4e,r, secret
Minutes August 21, 2006
Wylie Zoning Board of Adju tment
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