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09-24-2007 (Zoning Board of Adjustment) Minutes Wylie Zoning Board of Adjustment CITY OF WYLIE Minutes Zoning Board of Adjustment Monday, September 24, 2007 —7:00 pm Wylie Municipal Complex— Council Chambers 2000 Highway 78 North CALL TO ORDER Announce the presence of a Quorum. Chairman Jeff Ellis called the meeting to order at 7:04PM. Those present were: Chairman Mr. Jeff Ellis, Vice-Chair Ms. Linda Jourdan, Board Member Ms. Karyn McGinnis, Board Member Mr. Layne LeBaron, Board Member Mr. Willie Osborne, and Board Member Ms. Marilyn Herrera arriving at 7:07PM. 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 August 27, 2007 Meeting. A motion was made by Board Member Osborne, and seconded by Board Member McGinnis, to approve the minutes of the August 27, 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 Greg Littrell for a Variance to Section 4.3.F.1(a)(1) Architectural Features of the Zoning Ordinance requiring a brick structure with at least 20% stone on the front façade (ZBA 2007-15).. Mr. Haskins stated that the subject property was created in March 1986 with the platting of the Helmberger Industrial Park. The applicant is requesting a variance to the requirement for a brick structure with at least twenty percent stone on the front façade. Currently, the 1,200 square feet structure has brick only on the front façade. The Zoning Ordinance requires that a building in Light Industrial District be brick with at least twenty percent of the façade constructed of stone. The applicant has provided a Development Plan showing current and proposed improvements. The applicant states that a hardship exists due to the structure being built without a brick ledge around the entire building, which facilitates brick construction. The lack of a brick ledge makes a conversion to an all-brick exterior structurally unsound. Public comment forms were mailed to seventeen property owners. Four responses were received, three against the proposed request and one in favor. The existing building meets twenty-five percent of the Zoning Ordinance requirements as the façade of the building is brick. The current structure architecturally matches most of the other buildings in the surrounding LI District. However, all new developments within the LI District are required to be constructed with the primary material being brick with at least twenty (20%) percent stone on the front façade. Mr. Greg Littrell, 508 Shore Drive, Wylie, applicant for the subject property, stated that the proposed use for the property is a retail and dog grooming facility. The intention is to demolish the existing wood-framed building located in the front of the property. The applicant is also proposing future outside kennels. The previous property owners, Helmberger and Associates, are engineers, and stated that adding brick and stone to the structure could be unsound. Ms. 011ie stated that she was informed that the structure is not sound to retrofit a masonry structure over an existing metal building. Mr. Haskins stated that the Building Official does not consider a brick veneer overlay to be of masonry content. Board Members questioned Staff for clarification on brick. Ms. 011ie stated that the intent of the Zoning Ordinance is for the building to be 100 percent masonry with 20 percent stone on the front façade. Mr. Littrell stated that he was told by Minutes August 27, 2007 Wylie Zoning Board of Adjustment Page 2 of 5 Randy Helmberger, Engineer that the building was not structurally sound to add masonry or brick ledge. The only way to add brick was to dig all the way around the building, and possibly lose the integrity of the existing foundation. Chairman Ellis opened the Public Hearing. Mr. Bill Henry, 2710 W FM 544, property owner immediately north of the subject property, spoke against the request and against the proposed use. He submitted a letter to the Board Members stating that the 100 percent masonry requirement of the Comprehensive Zoning Ordinance should be adhered to completely. Mr. Michael G. Byboth, 2722 W FM 544, spoke in opposition of the request, and stated that the bar was raised when the Zoning Ordinance was recently revised, and should not be altered for architectural variances. He further encouraged the Board Members to consider the impact the variance will have on future development across the street from the subject property. Mr. Byboth stated that to add a brick ledge and brick onto the existing metal building can be done, although it may not be financially feasible. Chairman Ellis closed the Public Hearing. A motion was made by Board Member McGinnis, and seconded by Board Member Osborne, to deny the request for a variance to Section 4.3.F.1(a)(1) Architectural Features of the Zoning Ordinance requiring a brick structure with at least 20 percent on the front façade. Motion failed 3 — 2. Ms. 011ie stated that Board Member Herrera is here as an alternate, and could not vote, the vote failed due to the lack of a concurrent vote of 75% needed to grant a variance. Board Member LeBaron questioned if a temporary variance could be granted for 18 to 24 months to resolve the issue of brick. Mr. Littrell stated that he would be financially worse off than he is currently if his business does not make profit. Then he would be at the same place he is now within 18 to 24 months, requesting for additional time for a variance. Chairman Ellis questioned both Mr. Byboth and Mr. Henry, if the applicant was to provide similar looking masonry product on the structure, would they still be in opposition. Mr. Byboth and Mr. Henry responded yes that they would be opposed, and further stated that type of business would not be good for that area. Ms. 011ie stated that if a time stipulation was placed on the property then another variance would be required at the end of the allotted time frame if the applicant is unable to resolve the brick issue. If an extension of time was not granted the applicant would have to cease operations or tear the building down and construct a new building adhering to current codes. Board Member Herrera recommended that the decision should not be based on the use but determination on the architectural variance request. She further questioned if a dog kennel is retail. Minutes August 27, 2007 Wylie Zoning Board of Adjustment Page 3 of 5 Ms. 011ie stated that the first of many steps that the applicant will be taking is the variance for the architectural requirements. The use of outside kennel is not allowed by right within the LI District. Staff is preparing a text amendment to present to Planning and Zoning and City Council for Animal Boarding Kennel with or without outside pens. The omission of Animal Boarding by right in the LI District was a possible oversight with the city-wide zoning change from Business Center to Light Industrial. The request for a variance to Section 4.3.F.1(a)(1) Architectural Features of the Zoning Ordinance requiring a brick structure with at least 20 percent on the front façade was DENIED due to lack of motion. 2. Hold a public hearing to consider and act upon a request by Lucinda Sell for a Variance to Section 2.5.4.b(3)(b) Regulations Applicable to All Districts of the Zoning Ordinance to place an accessory building within a North Texas Municipal Water District Easement (ZBA 2007-16). Mr. Haskins stated that the subject property is located at 211 North Bending Oak Lane, within the Oak Meadow Addition, and was created in November 1999. The applicant is requesting a variance to place an accessory building within an easement. Staff informed the North Texas Municipal Water District of the request and the applicant has received approval from NTMWD to maintain the structure within the easement provided it is not located directly over the water line. The applicant did receive a permit from the city, however, when the building inspector went out to inspect, realized the error of allowing the permit based on the location over the easement. The applicant states that a hardship exists due to the unique features of and within the yard. The easement encompasses a large portion of the rear yard and contours within the yard make placement in other areas difficult. The applicant is aware that the structure would have to be removed and/or relocated in the event that NTMWD requires access to the line. The accessory building will meet all other requirements of Section 2.5.4 of the Zoning Ordinance. Eighteen public comment forms were mailed to surrounding property owners, and two responses were received, both in favor of the request. Chairman Ellis opened the Public Hearing. Mr. Robert Quinn, NTMWD, P.O. Box 2408, Wylie, Texas, stated that the accessory building can not be placed directly over the water line. A survey will be completed by NTMWD to determine where the water line is located, and to Minutes August 27, 2007 Wylie Zoning Board of Adjustment Page 4 of 5 confirm where the accessory building will be placed. The accessory building is to be placed on skids for ease of moving. Chairman Ellis closed the Public Hearing. A motion was made by Board Member LeBaron, and seconded by Board Member Jourdan, to Grant the variance to Section 2.5.4.b(3)(b) of the Zoning Ordinance to place an accessory building within a North Texas Municipal Water District Easement. Motion carried 4 — 1. MISCELLEANOUS Ms. 011ie invited the Board Members to attend the City Council meeting on September 25, 2007, as the Council will be considering signing a proclamation for the month of October as National Planning Month. She further explained the program and the purpose to educate the community. Mr. Haskins stated that Staff was finishing up the proposed amendment for patio covers, as requested by the Board Members and will be presenting an amendment proposal to Planning and Zoning and City Council very soon. 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 8:05PM. eff Ellis,Chairman ATTEST: ti\CIS\-\1.k..6-1\ Lcretary Minutes August 27, 2007 Wylie Zoning Board of Adjustment Page 5 of 5