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04-23-2007 (Zoning Board of Adjustment) Minutes Wylie Zoning Board of Adjustment CITY OF WYLIE Minutes Zoning Board of Adjustment Monday, April 23, 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 7:03PM. Those present were: Board Member Ms. Jourdan, Board Member Mr. Osborne, Board Member Ms. Herrera, Board Member Mr. LeBaron, and Board Member Ms. McGinnis. Board Members absent were Mr. Young. Staff members present were: Planning Director Renae 011ie, Assistant Planner Jasen Haskins and Administrative Assistant Mary Bradley. CONSENT ITEMS 1. Consider and act upon approval of the Minutes of the March 26, 2007 Meeting. A motion was made by Board Member Jourdan, and seconded by Board Member Osborne, to approve the minutes of the March 26, 2007 meeting as submitted. Motion carried 3 — 0 - 2, with Board Member LeBaron and Board Member Herrera abstaining. Minutes April 23, 2007 Wylie Zoning Board of Adjustment Page 1 of 6 PUBLIC HEARINGS 1. Hold a public hearing to consider and act upon a request by Craig Ferguson for a Variance to Section 2.5.4.c(2)(a) requiring a side setback of five (5) feet when the accessory building is behind the main structure, and 2.5.4.e.(1) requiring accessory buildings of 120 square feet or less to be constructed of metal with baked on enamel, composite masonry façade, or same masonry content of the main building., this property being located at 2708 Deerborn Street (ZBoA 2007-05). Mr. Haskins stated that the property is in the Cimarron Estates Phase I Addition, Lot 13, Block H. The applicant is requesting a variance from building material required for accessory structure, and a variance from the required sideyard setback. The applicant has constructed a wooden storage building measuring 10 x 12 feet, which will be painted to match the trim of the main structure. The applicant has provided photos of existing accessory buildings in his neighborhood with the same material. The location of the accessory building is three feet from the side property line. Twenty-five notifications were mailed to surrounding property owners. Four comment forms were received in favor and two in opposition of the request. Chairman Ellis opened the Public Hearing. Mr. Craig Ferguson, the applicant, 2708 Deerborn Street, stated that the accessory building is on the west side of his driveway in the rear of the property. An eight foot wooden fence screens the accessory building from the street. The building is on a concrete pad with skirting around the bottom, and will be painted to match the exterior trim of the main house. The accessory building was moved from the backyard to the sideyard to allow for a pool to be constructed in the backyard. Mr. Beau Baty, 2706 Bissell Way, spoke in opposition of the request, stating that the exterior material needs to meet code and prefer enclosed in the back yard. Margaret Maisch, 2708 Bissell Way, in opposition of the request but did not speak. Chairman Ellis closed the Public Hearing. The request was Denied due to lack of a motion from the Board Members. 2. Hold a public hearing to consider and act upon a request by Amy Bennett for a Variance to PD 99-32 requiring a rear setback of twenty-five (25) feet from the rear of the main structure, this property being located at 1506 Peggy Loftice Drive (ZBoA 2007-06). Minutes April 23, 2007 Wylie Zoning Board of Adjustment Page 2 of 6 Mr. Haskins stated that the applicant is requesting a variance to approximately fifteen feet to allow the addition of a ten foot attached patio cover for the existing concrete pad. The proposed patio cover will limit sunlight exposure into the home during the morning hours reducing the heat load to the main structure. The rear of the property faces currently undeveloped county land within a flood plain, thus minimizing any impact upon neighboring residences. Chairman Ellis opened the Public Hearing. Ms. Amy Bennett, the applicant, 1506 Peggy Loftice Drive, stated that the covered patio will have the same roof materials as the main structure. Chairman Ellis closed the Public Hearing. A motion was made by Board Member LeBaron, and seconded by Board Member Jourdan, to Grant the request for a variance from required twenty-five foot setback to fifteen feet from the rear yard setback. Motion carried 5 — 0. 3. Hold a public hearing to consider and act upon a request by Don Cauthorn of Choice Homes for a Variance to Section 10.3.1(b) (1985 Ordinance) requiring a side yard setback of twenty (20) feet when adjacent to a street, these properties being located at: 1300, 1301 and 1309 Angel Fire; and 1300 Sierra Blanca (ZBoA 2007-07). Mr. Haskins stated that the applicant is requesting a variance on several undeveloped lots within Southplace Estates Phase IV. The lots are specially located at 1300 Angel Fire, Lot 10, Block E, 1301 Angel Fire, Lot 1, Block F, 1309 Angel Fire, Lot 5, Block F, and 1300 Sierra Blanca, Lot 10, Block F and are platted under the 1985 Zoning Ordinance. The 1985 Zoning Ordinance, Section 10.3.1 (b) requires a rear yard setback of twenty feet when adjacent to a street. The applicant is requesting a variance from twenty feet to fifteen feet in order to construct a minimum 1,700 square foot residence. The subject request is similar to the ZBoA 2007-07, on the current agenda, however the subject request is zoned under straight zoning (SF-10/19), and the next item is zoned as Planned Development 2002-41. Fifty-one comment forms were mailed to surrounding property owners, two comments were received, one in opposition and one in favor of the request. Chairman Ellis opened the Public Hearing. Mr. Don Cauthorn, Choice Homes, 1600 N Lamar, Arlington, represented the applicant, stated that the subject lots do not allow the minimum square foot home, but the intent of the variance is to propose several floor plans with the square footage ranging from 1,700 to 2,000 square feet. Minutes April 23, 2007 Wylie Zoning Board of Adjustment Page 3 of 6 Mr. Mike Riniolo, Choice Homes Superintendent, stated that the proposed request will comply with the existing lots already built within Southplace Estates Addition, which includes phases IV, V and VI. Mr. Scott Kirkpatrick, 1301 Pajarito Mountain, spoke in favor of the request and option for larger houses instead of following the Ordinance that the subdivision was platted under which allowed smaller houses. Chairman Ellis closed the Public Hearing. A motion was made by Board Member LeBaron, and seconded by Board Member Osborne, to Grant the request for a variance from twenty-five feet to fifteen feet. Motion carried 4 — 1, with Board Member Herrera voting in opposition. 4. Hold a public hearing to consider and act upon a request by Don Cauthorn of Choice Homes for a Variance to PD 2002-41 requiring a side yard setback of twenty-five (25) feet when adjacent to a street, these properties being located at: 1301 and 1309 Sierra Blanca; 1301, 1308, and 1309 Red River; and 1300 and 1308 Pajarito Mountain (ZBoA 2007- 08). Mr. Haskins stated that the request for a variance includes several properties, all located on corner lots, within Southplace Estates Phase V Addition. The request is similar to the request of ZBoA 2007-06, however the subject request is zoned under a Planned Development. The Zoning Ordinance, which the PD 2002-41 references requires a twenty-five foot side yard setback. The applicant is requesting a variance to fifteen feet in order to build a minimum dwelling size of 1,700 square feet. Sixty-two property owners were mailed comment forms, and two responses were received both in favor of the request. Chairman Ellis opened the Public Hearing. Mr. Don Cauthorn, Choice Homes, 1600 N Lamar, Arlington, stated that the subject request is identical to the ZBoA 2006 06, previously considered. The subject properties will complete the development once construction is completed and lots sold. Chairman Ellis closed the Public Hearing. A motion was made by Board Member LeBaron, and seconded by Board Member Osborne, to Grant the request for a variance to side yard setback from twenty-five feet to fifteen feet when adjacent to a street. Motion carried 4 — 1, with Board Member Herrera voting in opposition. Minutes April 23, 2007 Wylie Zoning Board of Adjustment Page 4 of 6 5. Hold a public hearing to consider and act upon a request by Alan Adkins of Cinnamon Teal, LLC for a Variance to Section 4.3.F.1.a(1) requiring primary materials for buildings in a Commercial Corridor (CC) district be constructed of brick with at least 20 percent stone on the front façade including, but not limited to brick, stone, cast stone, decorative concrete, or stucco, this property being lot 1, Block B of Woodlake Village generally located north of Centennial Drive and west of Spring Creek Parkway (ZBoA 2007-09). Mr. Haskins stated that the current Zoning Ordinance 2006, requires primary materials for building in a Commercial Corridor (CC) District be constructed of brick with at least 20 percent stone on the front façade including, but not limited to brick, stone, cast stone, decorative concrete, or stucco. The applicant is requesting a variance to this section with a decorative brick on the front façade only. This would leave the sides and the back of the buildings as concrete, potentially of tilt wall construction. The back of the property is facing the Kansas City Southern railroad and the property is zoned Heavy Industrial (HI). The sides of the buildings will be visible from Centennial Drive. The applicant is proposing the use of tilt wall construction along the sides and back of the building, which is currently allowed only in LI and HI Districts. However, the applicant is proposing to use staining, scoring, or some other enhancement on the concrete walls. Fifteen comment forms to surrounding property owners, two responses were received and both were in favor of the request. Chairman Ellis opened the Public Hearing. Mr. Alan Adkins, 5949 Sherry Lane, Suite 1220, Dallas, Texas, represented the applicant, stated that the intention of the type of clientele will be flexbase, possibly cabinet shop with showroom in front and workshop in the back. The economics do not work for a 15,000 square foot brick building due to the hardship of the layout of the property. The front will be stone and brick or combination, but the sides and back proposing to be concrete block brick. Mr. Bob Kilduff, KBA Design, 1318 Creekwood, Garland, Texas, represented the Architect for the proposed subject building, stated that the applicant is proposing to construct two or more office/warehouse buildings with a twenty-six foot fire lane between each of the buildings. Each of the buildings will have common thread of having a twenty-five foot bay in the back. The Board Members discussed with Mr. Adkins and Mr. Kilduff the distance between a residential subdivision on the opposite side of the railroad, and the proposed subject property. Mr. Adkins stated that the proposed subject property is not adjacent to the residential subdivision, and there is a 100-foot right-of-way on each side of the railroad. Board Member LeBaron asked if the sides could include the stone and brick Minutes April 23, 2007 Wylie Zoning Board of Adjustment Page 5 of 6 combination. Mr. Adkins stated that yes the sides could have the same combination as the front, and requested a variance to the back only. Mr. John Westerhaus, 10039 Kirkhaven Drive, Dallas, Texas, represented the Architect, stated that the sides will be patterned concrete, and will add character. The front of the building will have color and resemble a retail office/warehouse facility. Chairman Ellis closed the Public Hearing. A motion was made by Board Member Osborne, and seconded by Board Member Herrera, to GRANT the variance to the back only, the front and sides will meet the code of stone and brick combination. Motion carried 5 — 0. ADJOURNMENT A motion was made by Board Member LeBaron, and seconded by Board Member Osborne, with the consensus from all Board Members to adjourn the meeting at 8:02PM. ----)tt e I 'a, Chai ATTEST: (\\ a.%_,, ift*rskoki Ma Bra ey, Secretary Minutes April 23, 2007 Wylie Zoning Board of Adjustment Page 6 of 6