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11-26-2007 (Zoning Board of Adjustment) Minutes Wylie Zoning Board of Adjustment CITY OF WYLIE Minutes Zoning Board of Adjustment Monday, November 26, 2007—7:00 pm Wylie Municipal Complex— Council Chambers 2000 Highway 78 North CALL TO ORDER Announce the presence of a Quorum. Vice Chair Linda Jourdan called the meeting to order at 7:17 p.m. and that a quorum was present. Board Members present were; Board Member Karyn McGinnis, Board Member William Baumbach, Board Member Willie Osborne. Board Members absent were; Chair Jeff Ellis, Board Member Layne LeBaron, and Board Member 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 October 22, 2007 Meeting. A motion was made by Board Member Osborne, and seconded by Board Member Baumbach, to approve the Minutes from the October 22, 2007 Meeting as submitted. Motion carried 4 — 0. Ms. 011ie reviewed the revisions to the report and packet, stating that the purpose of the revisions was to remind the Board Members the reasons that a variance may be granted and reasons a variance is not granted. When a variance is granted there are eight specifications that all must be met. When a variance is not granted there are six specifications that are to be considered. Minutes November 26, 2007 Wylie Zoning Board of Adjustment Page 1 of 4 PUBLIC HEARINGS 1. Hold a public hearing to consider and act upon a request by Kenneth Anderson for a Variance to PD 2002-52 requiring a side yard setback of 11.25 feet, property generally located Lot 24, Block G, 1613 Crescent Oak Street, Bozman Farm Estates, Phase 1 C. (ZBA 2007-21). Mr. Haskins stated that the subject property is located at 1613 Crescent Oak, created with the platting of the Bozman Farm Addition Phase 1 C. The applicant is requesting a variance to the side yard setback from 11.25 feet to two feet in order to maintain an existing patio cover. The applicant states that a hardship exists due to the main structure being built at or near the build lines, thus limiting the size of the patio cover. In addition, the unique topography of the back yard would potentially require leveling and water drainage work before a concrete patio could be built. Public comment forms were mailed to 15 property owners, and one response in favor of the request was received. Vice Chair Jourdan opened the Public Hearing. Mr. Kenneth L. Anderson, 1613 Crescent Oak Street, Wylie, the applicant for the subject property, stated that the patio cover was constructed by a contractor, and assumed that the contractor obtained necessary permits from the City. Board Member Osborne questioned if the Homeowner's Association expressed concerns of the patio cover. Mr. Anderson stated that no, but had no supporting documents stating their approval. Board Member McGinnis requested clarification on the photos included within the packet. Mr. Haskins stated that all of the photos were submitted by the applicant. One of the photos shows the unique topography of the back yard which would potentially require leveling and water drainage work before a concrete patio could be built. Board Member Baumbach questioned the status of the text amendment discussed in previous meetings, and if the subject property would be allowed to be built, if the City Council approves the Ordinance. Mr. Haskins stated that the applicant would need to come in for a variance as the patio cover is large and placed on the side yard. Mr. Todd Stone, 1607 Crescent Oak Street, Wylie, property owner within the 200 feet of the notification, spoke in favor of the request. Minutes November 26, 2007 Wylie Zoning Board of Adjustment Page 2 of 4 Vice Chair Jourdan closed the Public Hearing. A motion was made by Board Member Baumbach, and seconded by Board Member Osborne, to Grant the request by Kenneth Anderson for a variance to PD 2002-52, for a side yard setback from 11.25 to 2 feet, the property generally located at 16123 Crescent Oak Street, Lot 24 Block G, Bozman Farm Estates, Phase 1 C Addition. Motion failed 2 — 2, request for a variance was DENIED. 2. Hold a public hearing to consider and act upon a request by Chrissie Ezell for a Variance to Section 3.2.B.3 of the Zoning Ordinance requiring a rear yard setback of 25 feet. This property located at 1722 Harvest Crossing Drive, generally located lot 27, block G, of the Pheasant Creek Addition, Phase 2. (ZBA 2007-22). Mr. Haskins stated that the subject property is located at 1722 Harvest Crossing within the Pheasant Creek Phase 2 Addition. The applicant is requesting a variance to the set back requirements from 25 feet to 21 feet in order to maintain an existing patio cover. The Board has approved several similar requests within the last twelve months. A text amendment to the Zoning Ordinance for patio covers, if approved by City Council would be allowed by right without a variance. However, the applicant desired to obtain a variance and not wait on Council's decision. The applicant states that a hardship exists due to the main structure being built at or near the build lines, thus limiting the size of the patio cover. Public comment forms were mailed to 29 property owners, and one response was received in favor of the request. Vice Chair Jourdan opened the Public Hearing. Mr. Vernon Kizer and Mr. Willard Thomas, representative of Fox and Jacobs Homes, 1603 LBJ Freeway, Suite 700, Dallas, Texas, stated that the patio cover was built without a permit, and upon requesting a final inspection of the main structure, the City of Wylie Building Inspections informed the builder that no permit was obtained. The contractor built 18 or 19 patio covers within the development, and did not obtain a permit for four of them. Board Member Osborne questioned the distance between the driveway and the patio cover. Mr. Thomas stated that there is approximately six feet between the driveway and fence and then approximately two feet between the fence and the patio covers. Vice Chair Jourdan closed the Public Hearing. Minutes November 26, 2007 Wylie Zoning Board of Adjustment Page 3 of 4 A motion was made by Board Member Baumbach, and seconded by Board Member McGinnis, to grant the variance to Section 3.2.6.3 development standards of the Zoning Ordinance to reduce the rear yard setback from the required twenty-five feet to twenty-one feet. This property located at 1722 Harvest Crossing Drive, generally located lot 27, block G, of the Pheasant Creek Addition, Phase 2. ZBA 2007-22. Motion carried 4 — 0. ADJOURNMENT A motion was made by Board Member McGinnis, and seconded by Board Member Osborne, all Board Members were in consensus, and meeting adjourned at 7:50p.m. 1/4 4u/1.44,1( Linda Jourdan,Ve-Chair ATTEST: \Oc C., Mary rally, Secretary Minutes November 26, 2007 Wylie Zoning Board of Adjustment Page 4 of 4