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06-23-2008 (Zoning Board of Adjustment) Minutes Wylie Zoning Board of Adjustment CITY OF WYLIE V Minutes Zoning Board of Adjustment Monday, June 23, 2008— 7:00 pm Wylie Municipal Complex— Council Chambers 2000 Highway 78 North CALL TO ORDER Announce the presence of a Quorum. Chair Jeff Ellis called the meeting to order at 7:03 p.m. and that a quorum was present. Board Members present were; Board Member Karyn McGinnis, Board Member Layne LeBaron, Board Member Marilyn Herrera, and Vice Chair Linda Jourdan. 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 April 28, 2008 Meeting. A motion was made by Board Member Herrera, and seconded by Board Member McGinnis, to approve the Minutes from the April 28, 2008 Meeting as submitted. Motion carried 5 — 0. Minutes June 23, 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 Heath for a Variance to Section 6.3.E.5(f) of the Zoning Ordinance requiring the base facade materials for residential structures within the Downtown Historic District (DTH) to be wood siding or composite masonry materials with a wood pattern. (ZBA 2008-03) Mr. Haskins stated that the property is located at 304 N. Ballard, Lot 7B, Block 6 of Railroad Addition and is zoned Downtown Historic District (DTH). The requested variance represents a 100% adjustment to the requirement of the Zoning Ordinance. The applicant provided remodel construction plan drawings that were approved in December 2007. Those drawings show wood or wood like siding. However, during the remodel process stone was added to the entire façade and a portion of the building sides. Stone with wood pattern is allowed on residential style structures within the DTH District. The intent of the ordinance within the DTH District is to retain a historical and consistent appearance between all residential style structures whether the use of the building is residential or commercial. The applicant states that a hardship exists due to the remodel work being completed and the expense of removing the stone material. Public comment forms were mailed to 25 property owners and no responses in favor or against were mailed back. However, the applicant has provided three letters from surrounding property owners in favor of the stone material. Chair Ellis opened the Public Hearing. Mr. Robert Heath, 205 Arborview, Wylie, the applicant for the subject property, stated that the intent is to keep the building historical and old, and feels the stone does make it look turn of the century. When the remodeling construction was done, the vinyl siding had several areas that needed repair. First the siding on the front was replaced with the stone façade, and then the sides were replaced. The hardship is not just on him the property owner of the property, but on eight potential business owners/leaser of the property. The city did not notify him that the stone was not allowed until after the construction was complete. Board Member Herrera questioned why the drawings shown wood siding when submitted, but changed without coming to the city with the changes. Mr. Heath stated that the wood siding under the vinyl siding was in poor shape. Once the stone was installed around the porch area, the building did not look right. So, the stone was installed around the front, then around the both sides of the building. Minutes June 23, 2008 Wylie Zoning Board of Adjustment Page 2 of 4 Chair Ellis questioned if both the code enforcement and building inspectors, are familiar with the zoning ordinance, or if just the code enforcement officers. Ms. 011ie stated that building inspectors are familiar with construction codes, code enforcement is familiar with construction codes also, but when a complaint is received the code enforcement researches whether the issue is construction or zoning. In this case, a complaint was received and the issue was zoning. Board Member Herrera expressed concern of the plans changed without coming to the city for clarification or a permit, and stone not allowed within the DTH District. Chair Ellis stated that the Planning and Zoning Commission and City Council approve the Zoning Ordinance and if the applicant so chooses they may approach the Commission and Council to have a text amendment to the Zoning Ordinance to allow stone within the DTH District. Chair Ellis also expressed concerned over setting precedence if the variance is granted, others will come and claim ignorance and request to have stone within the DTH District. He also expressed concern of the financial aspect for removing the stone, and asked the process of the applicant requesting that a text amendment be done in order to allow commercial buildings within the DTH to have stone façade material. Ms. 011ie stated six to eight weeks is the usual process. Mr. Robert Heath, father of the applicant, 4506 E Parker Road, Wylie, spoke in favor of the stone façade material. He stated that the stone was keeping the spirit in what the intent of achieving historic looks within the downtown historic district. He owns several properties within the downtown area of North Ballard, and stated that when remodeling of a building was done, there was never a complaint on the type of material. Chair Ellis closed the Public Hearing. Board Members discussed the ability for the applicant to request an amendment to the Zoning Ordinance to allow stone, and the time factor associated with the granting a variance with the stipulation of text amendment being approved. Board Member Herrera reminded the Board Members that the applicant had the capability to request the text amendment, whether a variance was granted or not. Chair Ellis asked the time frame if the request was denied, when the fees start accumulating due to non-compliance. Ms. 011ie recommended that the applicant notify the Planning Department and the Building Department of the intent to request a text amendment to the Zoning Ordinance within the next two to three days. Once that is complete, Building Inspection will hold off issuing citations. However, if the text amendment is denied at City Council, then the applicant will have ten days to remove the stone facade material. No motion was made, the request for a variance to Section 6.3.E.5(f) of the Zoning Ordinance requiring the base façade materials for residential structures within the Downtown Historic District (DTH) to be wood siding or composite masonry materials with a wood pattern, the request was Denied. Minutes June 23, 2008 Wylie Zoning Board of Adjustment Page 3 of 4 2. Hold a public hearing to consider and act upon a request by Mike Sferra (City of Wylie Public Services) for a Variance to Section 7.3.C.3 of the Zoning Ordinance requiring that all parking shall occur on concrete pavement. (ZBA 2008-04). Mr. Haskins stated that the subject property is located on Lot 2, Block A of the Wylie High School Addition, generally located north of Hensley, east of Sanden, and directly to the south of Wylie High School. The applicant requests a variance to Section 7.3.C.3 of the Zoning Ordinance requiring that all parking shall occur on concrete pavement. The applicant is requesting to use an alternate material within certain parking spaces with the brand name of GrassPave or crushed gravel. The requested variance would allow the alternate material to be used in any parking space within or touching the gas line easement. The reason for this request is that the owner of the gas line easement within the park property does not allow concrete parking spaces within the easement. The applicant states that a hardship exists due to the large (nearly 50') gas easement that extends across the entire property. Public comment forms were mailed to 17 property owners, and no responses were received in favor or against the request. Chair Ellis opened the Public Hearing. Mr. Mike Sferra, Director Public Works, City of Wylie, stated that the alternate material would be over certain parking spaces that touch or are over the easement. Approximately there are 41 parking spaces that will have the alternate material, whether it is crushed gravel or GrassPave. The remaining approximately 400 parking spaces will have concrete pavement. The Board Members discussed the desire to have a parking lot that would be kid friendly, especially since the parking lot is for a park and ball fields. Mr. Sferra stated that the parking spaces are just an estimate and they could increase or decrease. Chair Ellis closed the Public Hearing. Board Members discussed the inconsistencies of only having a small portion of the parking lot with the alternate material. Mr. Haskins stated the Board could make a motion granting the variance by putting a percentage of how many overall parking spaces can have either the GrassPave or Crushed Gravel pavement. The Board Members discussed stipulating up to twenty percent of the parking lot to be either GrassPave or crushed gravel. A motion was made by Board Member Herrera, and seconded by Board Member Jourdan, to Grant the twenty percent total variance allowed for GrassPave as the alternate pavement, for the request to a variance to Section 7.3.C.3 of the Zoning Minutes June 23, 2008 Wylie Zoning Board of Adjustment Page 4 of 4 Ordinance requiring that all parking shall occur on concrete pavement, property generally located North of Hensley and East of Sanden Lot 2, Block A of the Wylie High School Addition. Motion carried 4 — 1, with Board Member LeBaron voting in opposition. ADJOURNMENT A motion was made by Board Member Herrera, and seconded by Board Member McGinnis, all Board Members were in consensus, and meeting adjourned at 7:46p.m. aFl" Jeff Ellis,Chair ATTEST: tAU/' Ma Bgdley, Secretar( Minutes June 23, 2008 Wylie Zoning Board of Adjustment Page 5 of 4