Chairman Gerald Clark called the meeting to order at 7:00 p.m.

No one was present to speak.

1. Consider and act upon approval of the Minutes of the January 29, 2001 Meeting.

A motion was made by Phillips, second by McCoy, to approve the minutes with correction by McCoy to the last sentence of the first paragraph on page 3 that someone other than McCoy had stated that the applicant’s next point of appeal is the Court. Motion carried 5-0.

1. A public hearing to consider and act upon a request by Kenneth Lewis for a variance to Section 26.4(2) of the Zoning Ordinance, in order to increase the size of an accessory building on a lot greater than two acres from 2,000 square feet to 3,180 square feet, this property being located at 7664 Parker Road, being Tract 14 of the L. Marshall Survey, Abstract 594, City of Wylie, Collin County, Texas. (ZBA No. 2001-01)

Applicant Kenneth Lewis, 7664 Parker Road, Wylie, testified that, prior to the subject property being annexed into Wylie, he had initiated construction of a pole barn (the size being allowed by Collin County which then had jurisdiction) in which to store his agricultural machinery which is currently stored on the property open visually and to the weather. The work was halted for personal reasons. When work was again started, City of Wylie inspector stopped the work (responding to a complaint of a neighboring property owner) until a building permit was obtained. The Zoning Ordinance restricts the maximum size of accessory buildings on lots of more than two acres to 2,000 square feet. The applicant desires to construct a barn of 3,180 square feet, and is requesting the variance in order to complete construction of the barn

Bullock asked if all of the machinery will fit in the new barn (reviewing the photographs distributed by Thompson). Lewis responded that at least most of it would. Bullock asked who lives in the house which appears to be on the property. Lewis responded that the house is actually on the neighboring property, and is occupied by Jackie Thomas who operates an automotive repair service on that neighboring property.

Phillips asked how long before the annexation was construction of the barn started. Lewis responded that Collin County had informed him of the pending annexation when they told him he could construct the barn. He is not aware of the specific time between starting construction and annexation.

Robert Kraft, 7503 E. Parker Road, spoke in favor of the variance, stating that Lewis needs a larger place to store his machinery.

Kurt Strange, 7900 E. Parker Road, stated that he has no objection to requested variance for the larger barn.

Jackie and Marie Thomas, 7639 E. Parker Road, stated that they had no objection.

Gerald Lewis, 7730 E. Parker Road, stated that he had no objection to the request.

McCoy asked why the application fee had been waived. Thompson responded that at least one City Council member had requested that the fee be waived, saying that it was the Council’s clear intent when amending the Zoning Ordinance to allow the larger accessory buildings that the larger acreages of the newly annexed properties be accommodated.

Phillips asked if the barn meets all other requirements of the Wylie code, and whether the original complainant had responded to the request for variance. Building Official Jackson responded that the anticipated construction conforms to all code requirements except for size. Thompson noted that the complainant had been mailed a comment form with notice of tonight’s hearing, but had not responded. Jackson said that he had specifically called the complainant earlier that day to inform him of the meeting.

A motion to approve was made by Bullock, seconded by Herrera. The vote passed 5-0.

2. A public hearing to consider and act upon a request by DeWayne Jarvis for a variance to Section 10.3(1)(c) of the Zoning Ordinance in order to reduce the required rear yard building line from 25 feet to 24.6 feet, this property being located at 931 Heatherwood Drive, being Lot 14, Block B of the Mill Creek Estates Addition, City of Wylie, Collin County, Texas. (ZBA No. 2001-02)

Applicants Rhonda Wright and DeWayne Jarvis, Whittle Way, Rockwall, testified that they recently purchased the subject residence which had financially defaulted after being partially-constructed. The Wylie Building Inspection Department refused to issue them a permit to complete construction because the survey required for purchase documented that the garage was begun 24.6 feet from the rear property line rather than the required 25 feet.

Clark asked if staff had identified other similar violation in the vicinity. Thompson responded that according to records in the Building Inspection files and random measuring of neighboring lots by staff, all near by residences appear to comply to the setback requirements.

Bullock asked why the mistake had not been caught when the original building permit was issued. Thompson responded that the department files are incomplete on this building, and staff cannot determine why the error was not detected at either the initial plan review or by the required later form survey.

Phillips noted that the Board of Adjustment had earlier established some minimum variance from the code requirements which staff could approve administratively and not require review by the Board of Adjustment. Thompson responded the Board’s previous discussion allowing staff variance without Board review had not been approved by City Council as anticipated and, therefore, could not be applied in this case.

Motion to approve was made by McCoy, seconded by Bullock. Motion passed 5-0.

The following topics were generally discussed.

1. Phillips requested that the Board reconsider the possibility of allowing some degree of variance by the staff without requiring Board review.

Thompson reported that the Board had earlier recommended that staff be allowed to consider "minor" variance of two feet on front and rear yards and one foot on side yards. This procedure had been suggested to accommodate those older areas which had developed prior to current codes and could not easily comply with the new setback requirements when redeveloping. The staff variance would not apply to newer development which should have complied with the new code requirements. Also, the new codes and administration procedures require additional review mechanisms (ie; form surveys) which lessen the chance of such mistakes. That recommendation had never been considered by City Council as anticipated by the Board’s action. He stated that he believed giving staff some latitude to approve variances was a good idea, and that the Board might reconsider their earlier recommendation. Such an amendment could be added to the Zoning Ordinance which is currently undergoing revision. He said that some other communities allow some limited staff variance, while others require strict compliance with the codes.

Bullock said that he believes that such small variance as that heard tonight need not require a public hearing, and favors allowing some staff administrative decisions.

Thompson said that he will research the legal and practical aspects of the issue, compile the history of the previous discussion and offer a recommendation for the Board’s consideration.

2. Building Official Dale Jackson announced that he will be administering the Board of Adjustment for at least the near future.

Jackson and Thompson reported that the limited planning staff (Thompson) is temporarily overwhelmed by the increased demands of the current growth in development as well as revisions to the Zoning Ordinance, Subdivision Regulations and the Impact Fee Ordinance. The Zoning Ordinance is unclear as to who administers the Board of Adjustment but it implies that the Building Official should do so.

McCoy questioned the possibility of conflicts of interest arising if the Building Official administers errors or interpretations in his/staff’s decisions. Jackson responded that the arrangement was common in other communities with no such problems. Thompson reminded that Board that it is established by State law to serve as the judge/mediation function, hearing such disputes in code and staff interpretations which is not allowed even of the City Council, and he believes that the current Wylie Board serves this function well with little influence from the staff.

Clark responded that the City Attorney advised/administered the Board at one time.

Phillips reported that the roles of the Building Official and Board of Adjustment are complementary and seldom adversarial.

Thompson mentioned that the Board could formulated any working rules which it chooses, and suggested that expansion of the membership from the current five with two alternates to a full seven like the Council and Planning & Zoning Commission. Phillips responded that Board expansion will require a Charter amendment.

McCoy questioned the need for the 75% for an affirmative vote. He said that the Board once required only three votes. Bullock said that it was once 75% of the quorum. Thompson said that these requirements are provided within the State enabling legislation, although some of it is open to interpretation.

Clark asked how members are selected and if the May Council election will effect the Board’s makeup. Thompson responded that the City maintains a list of "volunteers", but that the Council asks an individual’s willingness before appointing them. He said that some new members are likely to be appointed after the May election, and especially to fill the current vacancies (Mr. Green and a second alternate).

A motion to adjourn was made by Phillips, seconded by McCoy. Motioned carried 5-0.

Meeting adjourned at 8:05 p.m.