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11-26-2001 (Zoning Board of Adjustment) Minutes MINUTES ZONING BOARD OF ADJUSTMENT City Council Chambers Wylie Municipal Complex 2000 Highway 78 North, Wylie, Texas 75098 November 26, 2001 7:00 p.m. Notice was posted in time and manner required by law, and a quorum was present. Board Members Present: Staff Members Present: Weldon Bullock Mary Bradley Gerald Clark Terry Capehart Dennis Gibbons Claude Thompson Marilyn Herrera Layne LeBaron Wayne Morman Board Members Absent: Wayne Morman CALL TO ORDER Chairman Clark called the meeting to order at 7:05 p.m. CITIZEN PARTICIPATION No one was present to speak. CONSENT AGENDA 1. Consider and act upon approval of the Minutes of the October 8, 2001 Meeting. A motion was made by Mr. LeBaron and seconded by Mr. Gibbons to approve the minutes as written. Motion passed 5 —O. PUBLIC HEARING 1. ZBA No. 2001-07. Hold a public hearing to consider and act upon a request by Hanif Akuly for the following variances of the City of Wylie Zoning Ordinance in order to allow continuation of operation of a motor vehicle fueling center at 503 State Highway 78 at West Kirby Street, and being Tract 5 of the E.C. Davidson Survey, Abstract No. 267, City of Wylie, Collin County, Texas. ZBOA November 26, 2001 Page 2 of 3 a. Section 18.3(1)(a) — variance of the front yard building setback from the required 20 feet to 19 feet b. Section 18.3(1)(b) — variance of the side yard building setback from the required 10 feet to 3 feet c. Section 18.3(1)(c) — variance of the rear yard building setback from the required 20 feet and an alley to 5 feet and no alley d. Section 25.2(7) — variance of the setback of gas pumps from the front property line from the required 18 feet to 7 feet e. Section 24.3(15) — variance of off-street parking from the required 10 required for the retail store and 4 required for the gas pumps to 14 total Thompson reviewed the history of the property, stating that the State Department of Transportation paid for a portion of the property in 1996 for inclusion within the widening of State Highway 78 and West Kirby Street. The owner was paid $232,880 as compensation for all site improvements and loss of operations resulting from the reduced size of the lot. The owner refused an increased financial offer to purchase the land as well. The applicant is requesting several variances in order to reopen some aspect of this operation. The gas pumps will require variances to the setbacks but there is sufficient parking for the gasoline service. The convenience store will require variances to the front and rear yard setbacks, but the amount of parking spaces required is 10 and there is not enough space for that many parking spaces. Mr. Hanif Akuly, 503 S. Highway 78, Wylie, Texas has been the owner of the subject property since 1996 and operated the store since 1994. Mr. Akuly further stated that there are some discrepancies between the records that the City has and the information in his file. Mr. Akuly's attorney has not had time to review all the records, and has advised Mr. Akuly to request the item to be tabled tonight. Mr. Akuly is requesting that the operation be grandfathered because it was in existence since 1996. Thompson stated that in the Public Codes there is no provision for grandfathering, but properties have a "legally nonconforming" right if something in the Code or development changes to make the development not fully conforming to the new code. This will protect the owner, giving him the legal right to continue as a nonconforming use, but also carries with it some ultimate limit of operation. An operation loses it "legally nonconforming" status when it has stopped operating for six months. There are certain aspects that are detailed in the report that indicate that the property has several other conditions that are nonconforming to code but not directly related to the actions of the Highway Department. The business was closed for some period of time and when the applicant came in requesting a Certificate of Occupancy to re-open, the Building Official asked the applicant to substantiate that the operation was not closed for a period of six months. According to the Building Official that request has not been answered as of yet, but Mr. Akuly is reporting tonight is that he has some additional information to submit to the Building Official. If the Building Official determines that the legal nonconforming right has not been terminated and the applicant does have a legal right to operate, then the ZBOA November 26, 2001 Page 3 of 3 Certificate of Occupancy will be issued. Thompson explained the duty of the Zoning Board of Adjustment is to arbitrate between the applicant and the Building Official. Thompson stated that if the Board Members voted to table the item until the applicant and his attorney have reviewed the discrepancies with the Building Official, a specific date would need to be set in order to avoid readvertising and notification. Members recommended December 17th, as an appropriate date for a rehearing. Motion was made by Mr. Gibbons, seconded by Mrs. Herrera, to table ZBA No. 2001-07 until December 17, 2001. Motion passed 5 —O. WORK SESSION 1. Presentation by staff of revisions to the Comprehensive Zoning Ordinance and Official Zoning Map. Thompson reviewed the changes approved by the City Council on November 13, 2001, to the Zoning Ordinance and Official Zoning Map. The zoning nomenclature was changed in 2000 to Single-Family/8.5, Single-Family/l0 and Single-Family/20 in the residential districts from SF-1, SF-2, and SF-3 previously. The non-residential uses were adopted on November 13, and the nomenclature was changed to Neighborhood Services, Commercial Corridor, Business Center and Community Retail. Thompson stated that the sign regulations were pulled by the City Council and will be reviewed later, as well as the area on the map at F. M. 544 and S. H. 78. Thompson reviewed the duties and obligations for the Zoning Board of Adjustment, as provided in the new Zoning Ordinance. Chairman Clark asked if these changes could increase the workload of the Board. Thompson responded that compliance would be easier due to more flexibility and the reward system incentive to do more than required. However, the Board may be asked to interpret these new rules when there are differing opinions between applicant and Building Inspection. No one else administrative staff, or legislative Council, can allow a variance from the rules of the code except the judicial Board of Adjustment. ADJOURNMENT A motion was made by Mrs. Herrera, seconded by Mr. LeBaron to adjourn. Meeting was adjourned at 8:00 p.m. Gerald Clark, Chairman M Br ley, Secretary