Vice-Chairman Jeff McCoy called the meeting to order at 7:00 p.m.

1. Consider and act upon approval of the Minutes of the November 20 2000 Meeting.

A motion was made by Herrera, second by Bullock, to approve the minutes with correction of the date of the November meeting under the Consent Agenda/Minutes item. Motion carried 4-0.

1. ZBA No. 2000-07: A public hearing to consider and act upon a request by Gregory and Michelle Morrical for a variance to the requirements of Planned Development District 93-29 restricting garages which face or open to the street, in order to construct a detached garage to replace the attached garage converted to a residential room, this property being located at 300 South W. A. Allen Boulevard, being Lot 1, Block G of the Stone Grove Phase 1 Addition. THIS IS A REHEARING OF THE CASE HEARD AND DENIED ON NOVEMBER 20, 2000.

Thompson reported that the applicant has requested a rehearing because it is felt that issues related to the case were not properly represented at the earlier meeting and that new information is available to support the request. He said that he believes that the planning report and minutes accurately represent the request and that staff has been provided with no additional information.

Lonnie Townsend, 6309 Joel Court, Rowlett, Texas, representing the applicant, distributed a brief explaining the applicant’s reasoning for requesting the variance. Generally, it was stated that the Department of Building Inspection gave misleading information which encouraged the applicant’s representative to believe that the front-facing garage was allowed and that preliminary construction plans submitted for the garage were acceptable. The statement also argued that the conditions allowing the Board of Adjustment to approve a variance are satisfied: a) the lot’s irregular shape, topography and curved front property line are peculiar to the site and cause special hardship; b) literal interpretation of the Code deprives the applicant of easily accessible garage without lose of trees or other aesthetic values; c) these conditions are a result of natural and platting characteristics of the land rather than the applicant’s actions; and d) other front-facing garages have been constructed within the PD. A video tape was provided to support these arguments.

Owner/applicant Greg Morrical, 300 South W.A. Allen, testified that the Stone Grove area was no longer a planned community as anticipated by the requirements of the Planned Development District, and that his location was separate from the remainder of the subdivision and had no visual relation to the PD community. Hence, compliance with the requirements of the PD were not applicable. He reported that his neighbors have stated their support for the street facing garage. McCoy asked if the applicant had petitions or other documentation of the neighbors’ support. Thompson reported that one comment form had been returned in favor of the request. Morrical said that he had no additional documentation of support.

Phillips stated that he felt that the request was not a hardship and was self-imposed. He also noted that the staff report states that a violation of the rear yard setback which has not been properly advertised will be created if the Board approves the request. Thompson responded that he believed notification and advertisement would allow Board approval.

A motion to approve was made by Herrera, seconded by McCoy. The vote failed 3-1, Phillips voting no.

Morrical stated that he believed that the vote favored approval of the request, especially when combined with the vote of the previous hearing. In response to discussion of what level of vote is required to approve a variance, Thompson read Section 211.009.9(c) of the Texas Local Government Code and Section 32.2(5) of the Wylie Zoning Ordinance and concluded that an affirmative vote of 75% of the entire Board was required to approve the variance. McCoy stated that the applicant’s next point of appeal is the State District Court.

There was no further discussion.

2. A public hearing to consider and act upon a request by Tim and Robbie Bennett for a variance to Section 22.394 of the City of Wylie Code of Ordinances prohibiting front fences within residential districts, this property being located at 595 and 601 Parker Road (F.M. 2514), being Tracts 24 and 40 of the W. Penny Survey, Abstract 696.

Applicant Tim Bennett, 601 Parker Road, testified that he planned to construct a wood picket fence, no higher than four feet along the front property line in order to keep his young children from being endangered by the increasing traffic along Parker Road. He said that the requested front-yard fence was in keeping with the rural, agricultural character of the area (as could be seen in photographs circulated by Thompson).

Bullock expressed doubt that the fence alone will keep children away from the roadway. Bennett stated that he agreed, and that he intended the fence as visual limits and a beginning for training the children.

There was no further discussion.

Motion to approve was made by Phillips, seconded by Bullock. Motion passed 4-0.

A motion to adjourn was made by Phillips, seconded by Bullock. Motioned carried 4-0.