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11-01-1999 (Zoning Board of Adjustment) Minutes MINUTES ZONING BO I OF ADJUSTMENT WYLIE MUNICIPAL COMPLEX 2000 Highway 78 North, Wylie,Texas 75098 Regular Business Meeting November 1, 1999 7:00 P.M. A quorum was present and a notice was posted in the time and manner required by law. Members Present: Staff Present: Gerald Clark, Chairman Tobin Maples, Planning Director Marilyn Herrera Carrie Smith, Secretary Jeff McCoy,Vice Chairman Mindy Manson, Asst. City Mgr. Weldon Bullock Derek Green- not present CALL TO ORDER The meeting was called to order at 7:05 P.M. by Chairman Gerald Clark CONSENT AGENDA Approval of July 13, 1998, Regular Business Meeting Minutes Motion: A motion was made by Marilyn Herrera, Seconded by Jeff McCoy to approve the July 13, 1998,Regular Business Meeting Minutes as written. Motion carried (4-0). PUBLIC HEARINGS 1 ZBA 99-03: Hold a Public Hearing and Consider and Act upon a request from Richard Parker for a variance to Section 19.3 (1) (c ) from the required Rear Yard Setbacks of 20' in the B-2 District to the requested 0' to allow construction within the required rear yard setback. Property location : 2555 W. FM 544. Mindy Manson updated that property zoned B-2, 20' rear yard backs to railroad and F.M. 544. Variances from 20'to 0'. No reply from public comment forms. Minutes-Planning and Zoning Commission November 1. 1999 Regular Business Meeting Page Applicant Richard Parker spoke: • New structure located to east. • No formal application has been submitted. MI. Parker would like a buffer from trains and Party Barn. • This for rear property only. • Party Barn is 12 ft. from railroad at closest point. • Fence or wall can be placed on property line. • Property was annexed in 1995. • 100 ft buffer is owned by DART along railroad. • What type of traffic impact on F.M. 544. • Has spoke with City of Wylie staff and Wylie Fire Department. Board Discussion concerning added traffic and concerns with awarding variance to whole length of property. Mindy Manson added 5% are legitimate hardships. This would definitely be in that 5% range. B-2 zoning offers a wide range of business opportunities. Building Code will regulate building standards. Motion A motion was made by Jeff McCoy, Seconded by Marilyn Herrera to recommend approval of the variance. Motion denied due to lack of vote, (3-1) Gerald Clark denied. 2 ZBA No. 99-04: Hold a Public Hearing and Consider and Act upon a request from Ronald and Carolyn Faircloth for a variance to Section 25.5 (2) (a) Swimming pools, of the Zoning Ordinance for an existing nonconforming swimming pool within the required side yard setback. Property located 100 Carriage House Way. Mindy Manson updated the City issued the permit in 1995 in error and pool has already been built. One public comment form returned in favor of applicants Ronald and Carolyn Faircloth. Applicant Carolyn Faircloth spoke: • Bought property in 1998. • Error discovered Septem r, 1999. Board discussed asking City Council to review and change City Ordinance. Motion: A motion was made by Marilyn Herrera, Seconded by Jeff McCoy to recommend approval of the variance. Motion carried (4-0) Minutes-Planning and Zoning Commission November 1, 1999 Regular Business Meeting Page 2 ACTION ITEM 3. Discuss and Consider the Establishment of a Standard Monthly Meeting Date for the Zoning Board of Adjustment. Intent to have a fixed, day, time. It was agreed to have the meeting on the 46 Monday of month at 7:00 p.m. ADJOURNMENT Motion: A motion was made by Jeff McCoy, Seconded by Weldon Bullock to adjourn. Motion carried (4-0). Meeting adjourned at 7:45 p.m. Minutes-Planning and Zoning Commission November 1.1999 Regular Business Meeting Pagc 3