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04-28-2008 (Zoning Board of Adjustment) Minutes Wylie Zoning Board of Adjustment CITY OF WYLIE Minutes Zoning Board of Adjustment Monday, April 28, 2008 —7:00 pm Wylie Municipal Complex— Council Chambers 2000 Highway 78 North CALL TO ORDER Announce the presence of a Quorum. Interim Chair Bryan Rogers called the meeting to order at 7:29 p.m. and that a quorum was present. Board Members present were; Board Member Karyn McGinnis, Board Member William Baumbach, Board Member Marilyn Herrera. Board Members absent were; Chair Jeff Ellis, Board Member Layne LeBaron, and Vice Chair Linda Jourdan. Staff members present were: Planning Director Renae 011ie, and Administrative Assistant Mary Bradley. CONSENT ITEMS 1. Consider and act upon approval of the Minutes of the November 26, 2007 Meeting. Board Member Herrera noted that on page two, item two, that the motion should be revised, as she was not in attendance. A motion was made by Board Member Baumbach, and seconded by Board Member McGinnis, to approve the Minutes from the November 26, 2007 Meeting with changes amended. Motion carried 4 — 0. Minutes April 28, 2008 Wylie Zoning Board of Adjustment Page 1 of 4 PUBLIC HEARINGS 1. Hold a public hearing to consider and act upon a request by Robert Russo for a Variance to Section 9.2(1) (b) of the 1985 Zoning Ordinance requiring a side yard setback of 5 feet. (ZBA 2008-01). Ms. 011ie stated that the subject property is located at 417 Elliot Street, within the Rustic Oaks Addition, Phase 2. The applicant is requesting a variance to the side yard setback from 5 feet to zero feet in order to maintain an existing accessory building. The applicant states that a hardship exists due to the building being in place, with a concrete slab, before his purchase of the property. A survey was provided to the Board Members dated September, 26, 2000 which shows the concrete slab for the building. Public comment forms were mailed to 32 property owners and three responses in favor of the request was received. Interim Chair Rogers opened the Public Hearing. Mr. Robert Russo, 417 Elliot Street, Wylie, the applicant for the subject property, stated that the accessory building was in place prior to him purchasing the home in 2001. He went to Building Inspections Department and asked if a building permit was issued for the accessory building, and they were unable to research the database prior to the year 2000. Board Member Herrera questioned if the accessory building was on a concrete slab and purpose of the 4 x 6 wood located on the each side. Mr. Russo stated that the building is unlevel, and the 4 x 6's level it out. The accessory building is painted to match the house. In the spring of 2001, a pool was installed and inspected, but was not aware at that time of a violation for the location of the accessory building. A code enforcement officer notified him recently, that the accessory building was in violation, and that a variance would have to be granted to maintain the accessory building. Board Member Baumbach questioned if the accessory building was grandfathered in since the structure was existing prior to applicant moving into the home. Ms. 011ie stated that the Board has the authority to terminate a structure that is nonconforming. A structure that is grandfathered must have been a legal conforming structure at some point. The house was built in 1985, and would follow under the 1985 Zoning Ordinance and the accessory building would have to be in compliance with that ordinance. As far as the records indicate, a permit was not obtained for an accessory building. However, these electronic records only go back to 2000. Minutes April 28, 2008 Wylie Zoning Board of Adjustment Page 2 of 4 Interim Chair Rogers closed the Public Hearing. Board Member Herrera expressed concerns for not all the criteria specified in the Zoning Ordinance Article 8, Section 8.4(E) (4) b was satisfied. Interim Chair Rogers stated that the uniqueness physical circumstance was based upon the accessory building being built prior to the current property owner's purchase of the home and that the property owner had no prior knowledge that the accessory building was built without a permit. Board Member Baumbach and Board Member McGinnis both agreed and stated further that the hardship was not self- imposed based upon no record given on when or if the building was permitted. A motion was made by Board Member Baumbach, and seconded by Board Member McGinnis, to Grant the variance to Section 9.2(1)(b) of the 1985 Zoning Ordinance requiring a side yard setback of 5 feet. Property located 417 Elliot Street, being all of lot 7, Block L, in the Rustic Oaks, Phase 2 Addition. Motion failed for lack of concurring vote of 75% of the members 3 — 1. 2. Hold a public hearing to consider and act upon a request by Matthew Hughes for a Variance to Section 2.5.4.3(d) of the Zoning Ordinance requiring a side yard setback of 25 feet on a corner lot. (ZBA 2008-02). Ms. 011ie stated that the applicant is requesting a variance to the requirement for a side yard setback on a corner lot of 25 feet to 5 feet in order to place an accessory building. The subject property is located at 207 Edison Lane, being all of lot 18, block 3 in the Meadowview Estates Addition. The applicant has provided a survey showing the location of the accessory building and a letter to the Board regarding his variance request. The applicant states that a hardship exists due to the limited space within the yard due to the setback requirements, however this hardship is self imposed. Public comment forms were mailed to 24 property owners, and two responses were received, and both in favor of the request. Interim Chair Rogers opened the Public Hearing. Mr. Matthew Hughes, 207 Edison Lane, property owner of the subject property, stated that a swimming pool, a patio with deck, along with a retaining wall was installed within this year. These improvements created no space to place the shed in the backyard. The shed will be a Tuff Shed, constructed out of prefabricated wood material, with shingles to match the house. The accessory building will be five feet from the house. The building will be ten feet tall and four feet of the building will be visible from the street. Minutes April 28, 2008 Wylie Zoning Board of Adjustment Page 3 of 4 Board Member Herrera questioned Mr. Hughes the reason why the building could not be moved to be in compliance with the Zoning Ordinance. Mr. Hughes stated that beside the pool and deck is a small rectangle area for a grill, which is located next to the fence close to the driveway. Because the property is located on a corner lot, the setback for an accessory building is twenty-five feet on the side, twenty-five feet from the front and five feet from the main structure. The rectangle area meets all of the setback requirements, but there is no room for the accessory building between the fence and grill. Interim Chair Rogers closed the Public Hearing. Board Members expressed concern that the hardship is self imposed, which is part of the criteria specified in the Zoning Ordinance Article 8, Section 8.4(E)(4)b. No motion was made by the Board Members. The variance to Section 2.5.4.3(d) in the Zoning Ordinance for an accessory building side yard setback requirement of twenty-five feet was DENIED due to lack of motion. This property located at 207 Edison Lane, being all of lot 18, block 3 in the Meadowview Estates Addition. Ms. 011ie stated that with the holiday being on May 26, 2008, if there is a need to have a meeting, it will be held on May 19, 2008. ADJOURNMENT A motion was made by Board Member Baumbach, and seconded by Board Member McGinnis, all Board Members were in consensus, and meeting adjourned at 8:09p.m. ryan gers, Interim Chair ATTEST: Mary r ley, Secretary Minutes April 28, 2008 Wylie Zoning Board of Adjustment Page 4 of 4