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08-27-2007 (Zoning Board of Adjustment) Minutes Wylie Zoning Board of Adjustment CITY OF WYLIE Minutes Zoning Board of Adjustment Monday, August 27, 2007 — 7:00 pm Wylie Municipal Complex—Council Chambers 2000 Highway 78 North CALL TO ORDER Announce the presence of a Quorum. Vice-Chair Jourdan called the meeting to order at 7:05PM. Those present were: Vice-Chair Ms. Linda Jourdan, Board Member Ms. Marilyn Herrera, Board Member Ms. Karyn McGinnis, Board Member Mr. William Baumbach, and Board Member Mr. Willie Osborne. Those absent were: Chairperson Mr. Jeff Ellis, and Board Member Mr. Layne LeBaron. 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 July 23, 2007 Meeting. A motion was made by Board Member Osborne, and seconded by Board Member McGinnis, to approve the minutes of the July 23, 2007 meeting as submitted. Motion carried 5 — 0. Minutes August 27, 2007 Wylie Zoning Board of Adjustment Page 1 of 5 PUBLIC HEARINGS 1. Hold a public hearing to consider and act upon a request by Chris and Katrena Drake for a Variance to Section 3.2.B.3 Development Standards of the Zoning Ordinance to reduce the rear yard setback from the required 25 feet to 11.5 feet (ZBA 2007-12). Mr. Haskins stated that the subject property was created in July 2005 with the platting of Phase 13B of the Birmingham Farms Addition, and is located at 1323 Greensboro Drive. The applicant constructed a patio cover, without the knowledge of obtaining a permit, and requests a variance to the rear set back requirements from twenty- five feet to eleven and half feet. The applicant states that the hardship is due to the main structure being built within three and half feet of the required rear setback, thus not allowing for a useable patio cover. In addition, the patio cover will provide shading for the rear entrance into the home. Public comment forms were mailed to twenty-six (26) property owners within 200 feet of the request, and five responses received all in favor. Mr. Chris Drake and Mrs. Katrena Drake, applicant for the request, 1323 Greensboro Drive, approached the Board Members. Mr. Drake stated that approval from the homeowner's association was received prior to constructing the patio cover. He stated that upon recommendation from a landscaping company doing work on another project at the subject property and told the applicant to obtain a permit from the City. Mrs. Drake stated that the patio cover was designed by the applicant and friends provided the labor. The patio cover measures ten feet by seven feet, and is constructed out of treated lumbar painted to match the house and the shingles match the house also. Vice-Chair Jourdan opened the public hearing. Mr. Todd Luxem, 1322 Iron Dale Drive, neighbor of the applicant, spoke in favor of the request and stated that all the backyards within the Birmingham Farms Phase 13B Addition are not big enough to construct a covering without having to obtain a variance. He recommended that the Board Member review the setback requirements. Ms. 011ie stated that Staff was in the process of reviewing the setback requirements within the Zoning Ordinance and would be an amendment, which will take up to eight to ten weeks to be completed. It will be a public hearing and will be considered by Planning and Zoning Commission as well as City Council. Minutes August 27, 2007 Wylie Zoning Board of Adjustment Page 2 of 5 Vice-Chair Jourdan closed the public hearing. A motion was made by Board Member Osborne, and seconded by Board Member Baumbach, to Grant the variance to Section 3.2.B.3 of the Zoning Ordinance to reduce the rear yard setback from the required twenty-five (25) feet to eleven and half(11.5) feet. Motion carried 5 — 0. 2. Hold a public hearing to consider and act upon a request by Ashley Burt for a Variance to Section 2.5.4.3.(d) and (f) of the Zoning Ordinance to reduce the side yard setback from the required five feet to zero feet and reduce the five foot separation from other structures to three inches (ZBA 2007-13). Mr. Haskins stated that the subject property is located at 606 Andersonville Lane, within the Westgate Addition Phase 1, and was created in October 1986. The applicant constructed an accessory building 10.2 feet by 6.5 feet approximately two years ago without obtaining a permit. The accessory building is directly on the side property line and three inches from the main structure. Therefore, the applicant is requesting two variances, one from the five feet side yard to zero feet and the other from the five foot from the main structure to three inches. The applicant states that a hardship exists due to a lack of available space for storage due to a pool that was installed by the previous owner. Thirty-one public comment forms were mailed to surrounding property owners. Six responses were received, five in favor and one against the request. Mr. and Mrs. Sean and Ashley Burtz, 606 Andersonville Lane, applicant for the subject property, stated that the paint on the accessory building match the paint that is on the back of the house. The accessory building is constructed of wood and is located on cement blocks. No non-flammable liquid is stored inside the building, just patio furniture and pool furniture. Board Member Herrera expressed concern of the next property owner, if non- flammable liquid will be stored in the building. All Board Members expressed concerned of fire safety and inability for maneuvering around the property in case of a fire. Vice-Chair Jourdan opened the Public Hearing. With no one coming forward, Vice-Chair Jourdan closed the Public Hearing. The Board Members discussed the drastic request for the setback variances and fire safety. Minutes August 27, 2007 Wylie Zoning Board of Adjustment Page 3 of 5 The Board Members suggested that the applicant contact the Fire Marshall regarding fire safety issues related to the accessibility to the property considering the placement of the accessory building within the required setbacks. If the Fire Marshall feels that the placement of the accessory building does not hinder fire safety, then another application will need to be completed, in order to request the variances and the fees will be waived. A motion was made by Board Member Baumbach to table the item to the next meeting, failed due to lack of second. No other motion was made, the request for variance to Section 2.5.4.3.(d) and (f) of the Zoning Ordinance was Denied. 3. Hold a public hearing to consider and act upon a request by Gregory Cox for a Variance to Section 3.2.B.3 Development Standards of the Zoning Ordinance to reduce the rear yard setback from the required 25 feet to 16.5 feet (ZBA 2007-14). Mr. Haskins stated that the subject property is located at 1314 Brundidge Drive, within the Birmingham Farms Addition Phase 13B, which was platted in July 2005. The applicant desires to construct a twelve foot by seventeen foot patio cover over the existing partial concrete slab. However, the main structure is twenty- eight foot-six inches from the rear property line, which would allow only a three foot-six inches extension to the current patio cover. The applicant states that additional covered space is needed to participate in outdoor family activities due to skin condition, which requires very limited exposure to direct sunlight. Twenty-six property owners were mailed the public comment forms and no responses were returned. Mr. Gregory Cox, 1314 Brundridge Drive, applicant for the subject property, stated that the homeowners association stated that the approval of the patio cover is pending on the approval from the city. A professional contractor will construct the patio cover and the building material will match the main structure. Vice-Chair Jourdan opened the Public Hearing. With no one approaching the Board Members, Vice-Chair Jourdan closed the Public Hearing. A motion was made by Board Member Osborne, and seconded by Board Member Herrera, to Grant the variance to Section 3.2.B.3 of the Zoning Ordinance to reduce the rear yard setback from the required twenty-five feet to sixteen and half feet. Motion carried 5 — 0. Minutes August 27, 2007 Wylie Zoning Board of Adjustment Page 4 of 5 ADJOURNMENT A motion was made by Board Member Herrera, and seconded by Board Member Osborne, with the consensus from all Board Members to adjourn the meeting at 7:45PM. 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