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01-22-2007 (Zoning Board of Adjustment) Minutes Wylie Zoning Board of Adjustment CITY OF WYLIE Minutes Zoning Board of Adjustment Monday, January 22, 2007 —7:00 pm Wylie Municipal Complex—Council Chambers 2000 Highway 78 North CALL TO ORDER Announce the presence of a Quorum. Chairman Ellis called the meeting to order at 7:00PM. Board Members present were: Board Member Ms. Herrera, Board Member Ms. Jourdan, and Board Member Mr. LeBaron. Board Member absent was Board Member Mr. Young. Ms. 011ie welcomed two new employees, Charles Lee, Senior Planner, and Jasen Haskins, Assistant Planner. All Board Members welcomed them aboard. Staff members present were: Planning Director Renae 011ie, Senior Planner Charles Lee, Assistant Planner Jasen Haskins and Administrative Assistant Mary Bradley. CONSENT ITEMS 1. Consider and act upon approval of the Minutes of the September 25, 2006 Meeting. A motion was made by Board Member Ms. Herrera, and seconded by Board Member Ms. Jourdan, to approve the minutes of the September 25, 2006 meeting as submitted. Motion carried 3 — 0, with Board Member LeBaron abstaining. Minutes January 22, 2007 Wylie Zoning Board of Adjustment Page 1 of 4 PUBLIC HEARINGS 1. Hold a public hearing to consider and act upon a request by Tom Allred for a Variance to Section 5.D.3c of the 2001 Zoning Ordinance to reduce the number of required parking spaces by one, this property being Lot 1, Block A of the A&W Properties Addition, located at 2801 West FM 544 (ZBOA 2007- 01). Ms. 011ie stated that the subject property was created in July 2003 with the platting of the A&W Properties Addition. The development on the property consists of a 6,600 square foot building originally intended as an office/warehouse space. As intended, the development conforms to Section 5.2.1.7c of the 2001 Zoning Ordinance for parking. However, the applicant wishes to lease a portion of the building as general office. As designed and configured the property has space available but inadequate parking under Zoning Ordinance 5.2.D.3c. The applicant states that a hardship exists due to the general vicinity moving toward retail as opposed to a warehouse market. The Zoning Ordinance required one space for every 300 square feet for general office use, and one space for every 500 square feet for warehouse use. The applicant is developing Lot 2, Block A, located immediately east, with more parking than required for most commercial uses. The applicant desires to share the parking between the two buildings. A pedestrian access will be constructed from Lot 2 to Lot 1. Chairman Ellis opened the Public Hearing. Mr. Tom Allred, Developer/Owner, A & W Properties, P. O. Box 38346, Dallas, Texas, stated that when the building was constructed the intent was to have office/warehouse uses, but with the City of Wylie growing, more retail uses are in demand. Thereby, the parking originally required is not enough. A tenant desires to move in now, and before a Certificate of Occupancy is approved adequate parking must be provided. The request for a variance is only a temporary request, as mentioned before shared parking will be provided once the construction is completed to the property to the east. The time frame of the completion is approximately eight to twelve months. Chairman Ellis closed the Public Hearing. A motion was made by Board Member LeBaron, and seconded by Board Member Herrera to Grant the request for a variance as submitted. Motion failed 3 — 1. A motion was made by Board Member Jourdan, and seconded by Board Member Herrera, to Temporarily Grant for ten months the request for a variance to Section 5.D.3c of the 2001 Zoning Ordinance. Motion carried 4 — 0. Minutes January 22, 2007 Wylie Zoning Board of Adjustment Page 2 of 4 2. Hold a public hearing to consider and act upon a request by Todd Miller for a Variance to Section 7.B.e(2) of the 1962 Zoning Ordinance to reduce the rear yard setback requirement from 25 feet to 6.2 feet, this property being Lot 2, Block 8 in the Westwind Meadows Addition, located at 629 Willow Way (ZBOA 2007- 03). Mr. Haskins stated that the subject property was created in June 1978 with the platting of Phase 1 of the Westwind Meadows Addition. The subject property is located at 629 Willow Way and faces north. The southern side of the rear yard abuts a 30 feet alley right-of-way which includes an underground pipeline easement. The applicant desires to extend the existing garage by 30 feet toward the alley, using the existing garage area as an interior room and the requested additional area as the new garage. The proposed structure will be six feet two inches (6'2") from the rear property line, extending 18 feet by 10 feet into the required rear yard setback. The applicant states that a hardship exists due to the amount of space used for the combined alley right-of-way and pipeline easement. Chairman Ellis opened the Public Hearing. Mr. Todd Miller, property owner, 629 Willow Way, stated that his Mother had a stroke recently and he will be moving her into the proposed room. No expansion will be made to the sides of the existing garage, just extending the garage toward the alley. Chairman Ellis closed the Public Hearing. Board Members discussed in length the purpose of the extension of the garage, and the existing pipeline. Mr. Haskins stated that the proposed request will allow a two- car garage, and that an additional vehicle would still be able to park outside the garage if needed without blocking the alley. The proposed addition would leave approximately 26 feet setback from the actual alleyway without the easement, but because of the 20 foot easement, there is only 6 feet from the rear property line. A motion was made by Board Member LeBaron, and seconded by Chairman Ellis, to Grant the Variance. Motion failed 2 —2. With no other motion made, the request for a variance was Denied. Minutes January 22, 2007 Wylie Zoning Board of Adjustment Page 3 of 4 ADJOURNMENT A motion was made by Board Member Mr. LeBaron, and seconded by Board Member Ms. Herrera, with the consensus from all Board Members to adjourn the meeting at 7:20PM. L Jeff Ellis, Chairman ATTEST: fi M Bra ey, Secretary Minutes January 22, 2007 Wylie Zoning Board of Adjustment Page 4 of 4