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02-18-2019 (Zoning Board of Adjustment) Minutes • Zoning Board of Adjustment CITY 0 Minutes Regular Meeting February 18, 2019—6:30 p.m. Wylie Municipal Complex— Council Chambers 300 Country Club Road,Bldg. 100 Wylie,TX 75098 CALL TO ORDER Announce the presence of a Quorum. Chair Linda Jourdan called the meeting to order at 6:33 and announced the presence of a quorum. Board Members in attendance; Vice Chair Jason Potts, Board Member Robert Blair, Board Member Byron Betler,and Board Member Lisa Shields. Staff present were; Mr.Jasen Haskins, Senior Planner, Mr. Kevin Molina, Planner and Ms. Mary Bradley, Administrative Assistant. CITIZENS COMMENTS ON NON AGENDA ITEMS TMr� ,.� , ? Residents may address Board regarding an item that is not listed on the Agenda. Residents must fill out a non- agenda form prior to the meeting in order to speak. The Board requests that comments be limited to three (3) ntinutes. In addition, Board is not allowed to converse, deliberate, or take action on any matter presented during citizen participation. No citizens present to address the Board. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the Board and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. A. Consider and act upon approval of the Minutes for the January 21,2019 Meeting. Council Action With no comments or revisions, a motion was made by Vice Chair Potts, and seconded by Board Member Blair, to approve the minutes for the January 21, 2019 Meeting. A vote was taken and carried 5—O. REGULAR AGENDA Public Hearing Minutes February 18,2019 Zoning Board of Adjustment Page 1 1. Hold a public hearing to consider and act upon a request from Cesar Figueroa for a variance to Section 9.5.a of the zoning ordinance to allow for an increase in square footage of a non- conforming single family detached house for the addition of a garage, and front/rear porch with siding exterior material on a property zoned Multi-Family (MF). Property located at 407 Masters Avenue. ZBA 2019-02 ,,,,,,,, Staff Comments Mr. Molina stated that the applicant is requesting a variance to allow for the expansion of a single-family detached house located at 407 Masters Avenue, The applicant is requesting to allow for the addition of a garage, front porch and rear porch. The new additions will use the same exterior material and roofing as the existing house. An expansion to a single-family detached house requires a variance when located within the Multi-Family District because the use is non-conforming. The single-family detached house was constructed in 1950 and the first zoning map was adopted in 1962. The map designated the property as Multi-Family District.The property has never had a multi-family use and has always been a single-family house. On February 12, 2019, the City Council approved a Repiat that established the property lines and building setbacks for existing and future additions that the applicant seeks. Public Comment Forms were mailed to 14 property owners with no comment forms received in opposition or in favor of the request. However, for the Replat public comments, one comment form in favor was received. Board Discussion Vice Chair Potts asked the purpose of the zoning. Staff stated that the zoning has been in place since 1960. The surrounding properties include duplexes and single-family residential lots. Board Member Shields asked if all setbacks were met. Staff stated that the setbacks are in compliance, the front yard setback is 40 feet, in excess of the required 25 feet. Board Comments Chair Jourdan opened the Public Hearing. Mr. Cesar Figueroa, 5426 Meadow Creek Drive, Dallas, relative for the applicant, stated the home will continue as a single-family house. The garage will not include bedrooms, and currently there is a driveway, with no carport or garage. No one came forward to speak in favor or in against of the request. Chair Jourdan closed the Public Hearing. Board Action A motion was made by Vice Chair Potts,and seconded by Board Member Shields, to grant the request for a variance to Section 9.5.a of the Zoning Ordinance. The property being located at 407 Masters Avenue. A vote was taken and carried 5 -0. 2. Hold a public hearing to consider and act upon a request from Tommy Reuthinger for a variance to Section 7,1 of the Zoning Ordinance to allow for a decrease to the residential Minutes February 18,2019 Zoning Board of Adjustment Page 2 proximity slope to 20 feet in lieu of a 70 foot requirement. Property located at 600 Marble Street,being Lots 1B,2B,and 3B,Block 13 of Railroad Addition.ZBA 2019-03 Staff Comments Mr. Haskins stated that the property is located at 600 Marble Street, is zoned Multi-Family, and is currently vacant. The purpose of the request is to allow a proposed multi-family structure within the 2-1 proximity slope as required by Section 7.1.D.2.a of the Zoning Ordinance. The purpose of the requirement is to allow adequate separation between residential lots and relatively taller structures on adjacent lots. The lot to the east is zoned Agricultural (AG/30), a residential zoned district, and the use is a cemetery. The applicant is requesting a variance to allow a 35 feet high multi-family structure to be placed 20 feet from the lot to the east instead of the required 70 feet. However, the 70 feet requirement is met on all the other adjacent properties. A Multi-Family apartment is across the street from the proposed subject property and constructed in the late 1970's. Public Comment Forms were mailed to 11 property owners with two comment forms received in opposition and none received in favor of the request. Board Discussion Mr. Dennis Richmond, 120 Collin Court, Murphy, Texas, representing Richmond Capital Group, stated that he wanted to receive approval for the variance before purchasing the property, and adjacent property at 100 North Fifth Street. The properties will be combined and total 1.6 acres. The proposed building will be a three-story apartment complex, with 24 units in two buildings. One building does not meet the proximity slope to the east only, which backs up to a cemetery. Board Member Betler asked if the concept plan flipped, would the 70 feet requirement be met. Mr. Richmond stated that a variance would be required to the west, if the concept plan were flipped. The proposed apartment will be market rate affordable housing, but not government subsided. Board Comments Chair Jourdan opened the Public Hearing. Mr. David Morgan, 904 Forest Edge Lane, owns I08 N Fifth Street, adjacent property, requested an 8 feet to 10 feet fence be installed between the subject property and adjacent existing residential properties. Staff stated that there is no requirement within the Zoning Ordinance for a fence; however, the Board may place a stipulation to include a fence. The fence would not to be allowed within a visibility triangle, as required in the Zoning Ordinance. Mr. Don Poole, 104 North Fifth Street, spoke in favor of the request. Mr. Richmond stated that the request for a fence is reasonable and agreed to a fence. The height requirement is a concern. Staff stated the typical height of the fence is between 6 feet to 8 feet. The Board agreed upon a fence and not a living screen. Chair Jourdan closed the Public Hearing. Minutes February 18,2019 Zoning Board of Adjustment Page 3 Board Action A motion was made by Board Member Shields, and seconded by Board Member Blair, to grant the request for a variance to 7.1 to the Zoning Ordinance, to reduce the residential proximity to 20 feet, with stipulation that a fence be constructed along the adjacent western residential properties, per city ordinance. The property being located at 600 Marble Street, being Lots IB, 2B, and 3B, Block 13 of Railroad Addition. A vote was taken and carried 5-0 ADJOURNMENT A motion was made by Commissioner Blair and seconded by Vice Chair Potts, to adjourn the meeting. A vote was taken and carried 5—0. : 6 Lind Jourdan, Chair ATTEST: tv Ma ;y B dlcy,Admin' native Assistant Minutes February 18,2019 Zoning Board of Adjustment Page 4