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10-22-2007 (Zoning Board of Adjustment) Minutes Wylie Zoning Board of Adjustment CITY OF WYLIE Minutes Zoning Board of Adjustment Monday, October 22, 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 7:03PM. Those present were: Chairman Mr. Jeff Ellis, Vice-Chair Ms. Linda Jourdan, Board Member Ms. Karyn McGinnis, Board Member Mr. Layne LeBaron, and Board Member Ms. Marilyn Herrera. 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 September 24, 2007 Meeting. A motion was made by Board Member Herrera, and seconded by Vice-Chair Jourdan, to approve the minutes of the September 24, 2007 meeting as submitted. Motion carried 5 — 0. Minutes October 22, 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 Mike Sferra (City of Wylie) for a Variance to Section 5.5(a) Temporary Uses of the Zoning Ordinance restricting a Temporary Use to a period of 90 days.(ZBA 2007-17). Mr. Haskins stated that the subject property was created in September 2007 with the platting of the Community Park Addition. A portable building is the most fiscally responsible option to obtain the additional office space needed to address current over crowding. Currently, the City of Wylie has three portable buildings, one in front of the Public Works building, and two behind the Municipal Complex. The current request will allow a portable building located within the Community Park Addition. The requested variance will allow a portable building for approximately three years, which will allow time for the new municipal complex to be constructed and completed. Public comment forms were mailed to 83 property owners, and one response in favor of the request was received. Board Member Herrera stated that the report did not explain or expand on the request. Chairman Ellis opened the Public Hearing. Vice-Chair Jourdan addressed the concern from the public comment form regarding bright lights shining during the night. City of Wylie Public Service Director, Mike Sferra, stated that no bright lights will be shining during the night, however, there will be a porch light outside the building. The portable building will be constructed similar to the existing buildings, which are located behind the municipal complex and public works buildings. Chairman Ellis closed the Public Hearing. A motion was made by Board Member LeBaron, and seconded by Chairman Ellis, to grant the variance to Section 5.5(a) Temporary Uses of the Zoning Ordinance restricting a Temporary Use to a period of 90 days to three years. Motion carried 5 — 0. 2. Hold a public hearing to consider and act upon a request by Sean and Ashley Burt for a Variance to Section 2.5.4.3.(d) and (f) Development Standards of the Zoning Ordinance requiring a five foot side yard setback and the required five foot separation from other structures. (ZBA 2007-18). Minutes October 22, 2007 Wylie Zoning Board of Adjustment Page 2 of 6 Mr. Haskins stated that the applicant came before the Board in August 2007, for the same request. The applicant requests a variance to the setback and building separation requirements in order to maintain an existing accessory building. The building is three inches from the main structure and three to six inches from the side property line. Although the request was denied August 27, 2007, the applicant was told a reconsideration of the request was possible if they received a positive recommendation from the Fire Marshal regarding the location of the accessory building as it relates to fire safety. The Fire Marshal has submitted a note stating that the accessory building does not pose a fire hazard. Public comment forms were mailed to 31 property owners, and one response was received in favor of the request. Chairman Ellis opened the Public Hearing. Mr. Sean Burt, 606 Andersonville, stated that the accessory building is painted the same color as the trim along the main structure, which is green and white. The Fire Marshal and the Fire Chief, both came out and looked inside the building, and recommended not to store flammable items. Chairman Ellis closed the Public Hearing. A motion was made by Board Member LeBaron, and seconded by Board Member McGinnis, to grant the variance to Section 2.5.4.3(d) and (f) development standards of the Zoning Ordinance to reduce the side yard setback from the required five feet to zero feet and reduce the five feet separation from other structures to three inches. Motion carried 4 — 1, with Board Member Herrera in opposition. 3. Hold a public hearing to consider and act upon a request by Melinda Chadwick for a Variance to Section 2.5.4.b.6.a Development Standards of the Zoning Ordinance limiting the height of accessory buildings to fourteen feet. ZBA 2007-19). Mr. Haskins stated that the subject property was created in December 1998 with the platting of Phase II of Stoneridge Farms. It is located at 641 Rockspring Drive. The applicant requests a variance to the height limitations in order to build an accessory building up to twenty-five feet in height. The requested variance, from 14 to 25 feet, represents a 56% increase in the height allowed by the ordinance. A purpose of the accessory building ordinance is to contain the overall size of uninhabited structures compared to the lot size and main structure. Public comment forms were mailed to twelve property owners, and six responses were received and all were in favor of the request. Minutes October 22, 2007 Wylie Zoning Board of Adjustment Page 3 of 6 Chairman Ellis opened the Public Hearing. Mrs. Melinda Chadwick, applicant, 641 Rockspring Drive, stated that the reason for the additional garage will store a thirty foot trailer, and a boat. The proposed height is an outline and is not the actual height, but will match the roof pitch and material from the main structure. Vice Chair Jourdan asked if the travel trailer was 25 feet in height. Mrs. Chadwick responded that the travel trailer was thirteen feet, with the a/c unit. Board Member Herrera asked for the maximum square foot for an accessory building. Ms. 011ie stated that the allowable size of an accessory building is based on lot coverage and square footage of the main structure. Mr. Haskins stated that the proposed building can be 1,720 square feet. The Zoning Ordinance allows for two accessory buildings, however, if the applicant constructs the proposed building at that size, no other accessory building can be constructed. Ms. 011ie reminded the board members that they could approve the request as submitted, deny the request or alter the height request as they deem necessary. 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.6.a Development Standards of the Zoning Ordinance limiting the height of the accessory buildings to fourteen feet. Motion carried 5 — 0. 4. Hold a public hearing to consider and act upon a request by Francis Campbell 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 facade. (ZBA 2007-20). Mr. Haskins stated that the applicant requests a variance to the requirement for a brick structure with at least a 20% stone on the front facade. The property is located at 400 Alanis Drive. Currently, the roughly 5,000 square foot structure has brick on approximately 40% of the building with the remainder being constructed of wood siding. The Zoning Ordinance requires that a building in a CR zoned district be 100% brick with at least 20% stone on the front façade. 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 subject property was annexed into the city in 1988 and has never been platted. The property is currently vacant and has been for more than six months. The surrounding area is either outside the city limits, zoned Agricultural or Single- Family (SF10/24). Minutes October 22, 2007 Wylie Zoning Board of Adjustment Page 4 of 6 Eight public comment forms were mailed, and no comment forms were returned. Chairman Ellis opened the Public Hearing. Mrs. Frances Campbell, 6006 Pleasant Valley Road, applicant for subject property, stated that a structural engineer came to the site and stated that there is no feasible way to add brick to the building. Mrs. Campbell read the statement from the structural engineer, Greg Wilson, "The foundation was not constructed with a brick ledge, therefore brick can not be attached to the outside of the structure, because it would not be properly supported." Chairman Ellis asked Staff if adding brick ledge to non-conforming buildings, per the requirement from the Zoning Ordinance, is that review based on individual buildings. Ms. 011ie stated that based on conversations with City Engineer, as well as another civil engineer, a brick ledge can be added; this was addressing another project within the Regency Business Park. If adding a brick ledge varies from building to building, was not discussed. Mrs. Campbell submitted the letter from Mr. Greg Wilson, structural engineer, for the Board Members and Staff to review. Chairman Ellis stated that the letter does not address if a brick ledge can be added, and recommended having City Engineer to address if a brick ledge can be added. Chairman Ellis closed the Public Hearing. A motion was made by Board Member LeBaron, and seconded by Board Member Herrera, to grant the variance contingent upon approval from City Engineer, to confirm that a brick ledge can not be added to the building without compromising structure integrity. Motion carried 4 — 1, with Vice-Chair Jourdan in opposition. MISCELLEANOUS Mr. Haskins stated that a proposed amendment for patio covers was considered by the Planning and Zoning Commission; additional revisions were requested and will be considered again on November 6, 2007, and considered by City Council on December 13, 2007. Ms. Bradley polled the Board Members for preference on when to have the November meeting. All Board Members were in consensus to have the meeting on November 26, 2007. Minutes October 22, 2007 Wylie Zoning Board of Adjustment Page 5 of 6 ADJOURNMENT A motion was made by Board Member LeBaron, and seconded by Board Member Jourdan, with the consensus from all Board Members to adjourn the meeting at 7:45PM. Jeff Ellis, Chairman ATTEST: Mar*Br ley,Secretary Minutes October 22, 2007 Wylie Zoning Board of Adjustment Page 6 of 6