09-18-1995 (Planning & Zoning) Agenda Packet AGENDA
PLANNING AND ZONING COMMISSION
WYLIE MUNICIPAL COMPLEX
September 18, 1995
6:30 pm
CALL TO ORDER
ACTION ITEM
1 . Consider approval of the Minutes of the August 28, 1995 Called
Business Meeting.
2. Consider a request for a variance from Melissa Abbott from the City of
Wylie's Subdivision Regulations eliminating a sidewalk required to be
constructed on Industrial Court adjacent to the new Cornerstone
Private School which is located at 120 N. Birmingham Street and
further described as Lot 1 of the Cornerstone Private School Addition.
CITIZEN PARTICIPATION
ADJOURNMENT
Posted Friday, September 15, 1995 at 5:00 p.m.
Planning & Zoning Commission
#1 Action Item Re: Approval of the Minutes of the August 28, 1995 Called Meeting
September 18, 1995
Consider approval of the Minutes of the August 28, 1995 Called Business Meeting.
MINUTES
The Planning and Zoning Commission met in a Called Business Meeting on August 28, 1995, at 6:30
p.m. in the Council Chambers of the Wylie Municipal Complex, located at 2000 Hwy. 78 North,
Wylie, Texas 75098. A quorum was present and a notice was posted in the time and manner required
by law.
COMMISSION MEMBERS PRESENT: Chairman Bart Peddicord, Vice-Chairman Rich Eckman,
Cecilia Wood, Steve Ahrens, Tim Owen, John Crowe and Stuart Allison.
ABSENT: All present.
STAFF MEMBERS PRESENT: City Manager, Mike Collins; City Secretary, Mary Nichols;
Director of Community Development, Mike Phillips; Technical Coordinator, Lisa Price and
Secretary, Rebecca Rogers.
ACTION ITEMS
ITEM NO. 1: Consider approval of the Minutes from August 21, 1995 Regular Business Meeting.
A motion was made by Steve Ahrens and seconded by Rich Eckman to approve the Minutes as
submitted. Motion carried, all in favor(7 votes).
PUBLIC HEARING
ITEM NO. 1: Hold Public Hearing to consider a recommendation to the City Council to review and
consider amending a Specific Use permit for an Auction House, "Phoenix Galleries", located at 130
N. Ballard Avenue and further described as Lot 18, Block 18, the Railroad Addition. Doyle Spurgin
of Phoenix Galleries, 302 N.Ballard,Wylie, Texas 75098 was present to speak for the Specific Use
change. Mr. Spurgin asked how often would he have to renew his SUP, he was under the impression
that once he got it he would not have to do it again. Mike Phillips, Director of Community
Development replied that SUP's were reviewed after 18 months. Because Mr. Spurgin requested to
amend at his review, a public hearing was required. Mr. Spurgin requested for the number of
occupants to be changed to 200 people from 100 people. Mr. Phillips stated that he was unaware
of this request, but there was enough parking available for the proposed occupant load. Rich Eckman
asked about the parking conditions, if there was still an agreement with First Baptist Church for
parking overflow. Mr.Phillips stated that the agreement with First Baptist Church was still in place.
Mr. Spurgin stated that the majority of the parking occurred along Ballard Avenue and the side of
his building. Rich Eckman also asked if Mr. Spurgin was asking for unlimited Sundays for his
auctions at Phoenix House. Mr. Spurgin replied that he was. Chairman Peddicord asked what the
previous SUP was,which Mr. Phillips replied that it was five Sundays per year. Chairman Peddicord
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asked what the other auction house's SUP was and Mr. Phillips replied that it was for one Sunday per
month. Rich Eckman questioned if the parking for this additional time has been allowed for. Mike
Phillips stated that when they calculated parking, they had calculated it for unlimited Sundays which
was Mr. Spurgin's original request. If we permit one Sunday per month, with Mr. Spurgin's request
for 200 occupancy load, the parking would make Mr. Spurgin's SUP equal with the other auction
houses's SUP . Mr. Spurgin asked how long this SUP would be for. Mr. Phillips responded that since
his SUP was being amended at this time and that a review time has been set to coincide with the other
auction house's SUP, Mr. Spurgin's review would be 15 months instead of the normal 18 months.
Chairman Peddicord asked if there was anyone else present to speak against the amending of the
SUP, no one present. Chairman Peddicord closed the Public Hearing and asked if there were any
questions. Steve Ahrens asked if there was a problem with it being unlimited Sundays and Chairman
Peddicord responded only that the other auction house is limited to one Sunday per month and the
commission is trying to keep the auction houses the same because they are the same type of business.
Motion made by Steve Ahrens to recommend to City Council to consider and amend the SUP for
Doyle Spurgin's auction house to be open one Sunday per month (to be in agreement with the other
auction house's SUP). Mr. Spurgin asked if he was going to be limited to one Sunday per month and
Chairman Peddicord responded in the affirmative, Mr. Spurgin would still have his Tuesdays and
Saturdays plus the twelve (12) Sundays per year. Motion carried, all in favor(7 votes).
ITEM NO. 2: Hold Public Hearing and consider a recommendation to the City Council a
request from Wylie Bilco, Inc. for a zone change from a multi-zoned tract of land consisting of
"SF-1", "SF-2", "SF-3", "SF-A", "2-F", "MF", "B-1", "B-2", "P" and "R" to "PD" (Planned
Development, including but not limited to uses similar to those found in the City of Wylie's
Comprehensive Zoning Ordinance for residential and non-residential use with the exception of
minimum lot sizes of 5,000 square feet, multi-family, commercial and retail uses) for a 630 acre
tract of land to be platted as Birmingham Park, generally located east of FM 1378 and north of
FM 3412 (West Brown Street).
Chairman Peddicord opened the meeting with a statement that we are here tonight to discuss land use
and zoning issues only, development issues will be discussed at a later meeting. Mike Collins, City
Manager, made a few introductory remarks about the development of 630 acres in the core of our
community being a positive process and that we've structured the meeting this evening to allow
everyone the opportunity for comments and questions. Mike Phillips, Director of Community
Development, reiterated that a "Planned Development" district was "intended to provide for
combining and mixing of uses allowed in various districts with the appropriate regulations and to
permit growth flexibility in the use and design and zoning and buildings in situations where
modification in specific provisions of this ordinance is not contrary to it's intent and purpose or
significantly inconsistent with the planning on which it is based and will not be harmful to the
neighborhood. A "PD" district may be used to permit new and innovative concepts in land
utilization." With those purposes in mind, the staff felt from the beginning that this plan should be
modified within the scope of the current zoning ordinance instead of creating new and different
zoning classifications. The zoning ordinance has been modified with the exception of building height
and maximum lot coverage in this proposal. Also,there is a significant reduction in quality standards
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that have been established in our zoning ordinance. B-2 zoning is inappropriate, it leans more
towards a light industrial type of use instead of retail. The Multi-family/B-2 area being proposed
adjacent to the elementary school is inappropriate due to the higher densities and traffic problems.
The comprehensive zoning ordinance adopted in 1993 calls for single family district to be low density
in nature and the densities offered in this new development are higher than what our current density
plan allows them to be.
Chairman Peddicord opened the Public Hearing. Presentation by the developer. Brad Meyers, with
Carter- Burgess, 7950 Elmbrook,Dallas, Texas, was present to represent the owners (also here - Skip
Hynek and John Wells) along with Karen Porter, also with Carter-Burgess. Owners purchased the
land a year and a half ago, worked on putting together a zoning application for this project. Have
talked with builders, finding out needs and successful types of products. Came up with an informal
presentation which was brought before the Planning & Zoning Commission and the City Council.
Mr. Meyer showed slides on how the property is currently zoned, consolidating the acreage's into
single family and non-single family and density figures. Current zoning shows 375 acres of single
family. Carter- Burgess has replaced SF-A, 2-F and SF-1 with their modified zoning single family lots
(R-5=5,000 sq. ft.. lot;R-6=6,000 sq. ft.. lot; R-7.5=7,500 sq. ft.. lot). They have made a chart that
they feel shows the densities they are proposing to be equal with the current zoning. (SF-1=2.8 units
per acre, SF-2=3.4 units per acre, SF-3=3.8 units per acre, SF-A=8.0 units per acre, 2-F=6.0 units
per acre). Current zoning to yield 1,573 lots in that area, divide that by 375 acres and that gives you
a density of 4.2 units per acre. The proposed zoning would yield 2,002 lots, divide that 474 and that
gives you a density of 4.2 units per acre. The difference in the acreage is that Carter-Burgess has
converted 100 acres of non-single family to single family in their proposal). Also, they are proposing
a smaller amount of MF(42 acres)and B-2(26 acres). The 30 acre discrepancy is land that has been
sold to the school district. They feel their proposal makes a lot of sense for the community, instead
of selling the land off piece by piece. In order to finance the amenities and assure homeowners that
they have a builder they can depend on, they need to bring in a major builder that can weather the
storms. In order to do that, you need to have the type of housing projects that attract the larger
builders,thus enabling the developer to spend the up front money for the amenities. Based on current
zoning, they see no increase in traffic with their proposed zoning - same density as what's there (4.2
units per acre). Flood plain issues -Less non-single family use proposed so it should be the same if
not less run off Road issues they are proposing: Park Road (e-w thoroughfare alongside north of
tract) developer to pay for two (2) twenty-five (25) ft. back to back lanes, where developer has
property on both sides of the road; where the developer has property on one side of the road, they
propose one(1)twenty-five(25)ft. back to back lane. On the north-south roadway(adjacent to the
park),they propose a cost-sharing situation between the city and the developer based on the length
of the frontage. The developer being responsible for what he fronts and the city responsible for the
park area that they would own. On FM 3412 (Brown Street), since it is a Farm Market road, it
would be the states responsibility, no developer responsibility on that road or on FM 1378 (Country
Club Road). The City would have responsibility for bringing water and sanitary sewer lines to the
site and the developer would be responsible for extending those lines onto the site. The developer
would be responsible for dedicating the lake area to the city and the city would be responsible for
obtaining a state grant from the Texas Parks and Wildlife Dept. to fund some improvements as well
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as constructing a trail around the park and park maintenance. Carter—Burgess did get some
indications at the City Council meeting that Multi-Family/B-2 would not be appropriate next to the
elementary school and they are working on that. In some of the PD they are asking for less than what
is required and in other areas they are offering more than what is required.
Mike Phillips stated that citizens comments would be next and that a question and answer session
would follow that. The citizens with comments were(in order of comments): Marsha Naylor, Bobby
Jennings,Kathryn Boucheck, Melissa Nichols, Chris Cooney, Jeannie Meares, Dennis Williams, John
Boston, Joseph Hurilio, Laura Barron, Tim Bates, Pam Nicholson, and Lynn Cash. Their comments
touched upon the following: lot and house sizes being too small - encouraging low socioeconomic
home buyers, devaluation of neighborhood and surrounding properties, multi-family/B-2 next to the
elementary school, thoroughfare plan preventing city services getting from one development to
another within the development, infrastructure problems, residents being responsible for paying for
street improvements and park development, academic decline caused by rapid development, 1 -2 acre
ranchettes suggested to keep "country feel", look into attracting more business to relieve citizen
burden, progress is good but only if done responsibly, and for developers to rework their proposal
and come back with a better plan.
Chairman Peddicord stated that the commission will take a five minute break and when we return,
we will begin the question and answer session. Chairman Peddicord called the meeting back into
order and stated that the developer had a few comments before we started the question and answer
session.
Brad Meyer stated that there were a few things that he wanted to clear up. Streets that would be
adjacent to Birmingham Park would be tied into other developments, not leaving dead-end streets.
Only objections was making collector streets for traffic cut through. Rationale on how they came up
with the lot/house size; they are looking at a long term project (estimate 15 years) and are trying to
project for the future. While building sizes are bigger now, they might not be several years from now.
Trying to be on a level playing field with the rest of the developers in Wylie without being put at a
disadvantage. Impact of the development will not hit all at once as assumed by the public, therefore
not affecting the infrastructure, schools, city services, etc. Simply requesting a zoning change, not
to zone from scratch. They could come in and develop it as it is now. However, that is not their
intention, looking for a master planned community, owned by one owner, built by one builder.
Chairman Peddicord opened the question and answer session of the Public Hearing with one only
person signed up for questions. Gerry Smith, Jeannie Meares, Tim Bates, Lynn Cash, and Melissa
Nichols had several questions concerning the following: How long Cater—Burgess and Wylie Bilco,
Inc. had been in business? Why they didn't show anything that they had developed? Why wouldn't
Carter-Burgess send any info. on their company? Who is Wylie Bilco, Inc.? Have you considered
an apartment complex for senior citizens? Are the apartment dwellers to be included in the
homeowners association and have use of the amenities? Any pictures of developments you have
built? Where in Wylie are they building 1,100 sq. ft. homes on 5,000 sq.ft. lots, this not appropriate
to Wylie. How big of a house can you build on a 5,000 sq. ft. lot? What happens to the lake/park
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area if the City of Wylie decides not to develop it? Why not start the building sizes in the same area
as current builders are doing?
Skip Hynek of Wylie Bilco, Inc. answered that no decisions had been made as to the amenities being
made available to tenants of the multi-family housing(if that is what gets built there). Carter—Burgess
is an Engineering company hired by Wylie Bilco, Inc. to help design and develop this project. Wylie
Bilco, Inc. is a general partner of a limited partnership called Birmingham Land Limited. Skip is one
limited partner of five limited partnerships under a general partner, John Wells is another one. Skip
has been in real estate since 1983 and has developed approx. 10,000 lots in and around the metroplex
and other areas in Texas. A limited partnership is a standard way of doing business. Wylie Bilco, Inc.
does not have any other projects that they have done, but some of the limited partners under other
general partnerships have developed quite a bit. Slides weren't shown of a planned community that
they had done because they had never done one with a divided entryway and didn't feel it would be
represented correctly if they had shown something that was not a divided entryway. There are no
pictures of what we have built, we are not the builder,just the developer. A developer is the one who
puts in the streets and utilities and sells the lots to homebuilders. One development that was
developed is on Frankford east of Prestonwood in North Dallas.
Chairman Peddicord interjected that this meeting is for zoning issues and we need to confine our
questions and remarks to that. These other items will be addresses at a later date.
Brad Meyer addressed the questions of who they are. Carter—Burgess is a surveying, landscape
architecture, mechanical, electrical planning and architectural company. The largest engineering firm
in Dallas-Ft. Worth area, approx. 750 employees with offices all over the country. They have done
Twin Creeks in Allen, Tamarron project in Southlake (mobile community), Park Lane - Hillwood
Development (Ross Perot's development group), Indian Creek Ranch in Carrollton, Vista Ridge in
Lewisville, the Stewart Peninsula on Lake Lewisville(golf course community), and currently working
with Jerry Jones on his property in McKinney. Offered all the information desired on
Carter—Burgess. Skip Hynek stated that he didn't know any place that was building the 1,100 sq. ft.
homes on 5,000 sq. ft. lots,but in the future the current building trends may not be present and they
want to protect their interests and remain competitive with the rest of the developers. As far as the
lake/park area is concerned, if Wylie does not want it, it will remain the developers property and
possibly become a private lake for the development. As far as the size house that could be built, we're
estimating 2,000 sq. ft. keeping within the 20 ft. setback and 40% lot coverage on 5,000 sq. ft. lot.
The amenties provided make up for the lack of yard. There is no reason why the builders would not
build a house bigger than the minimum, the numbers won't work. They are just planning for the
future if there is a decline in the building industry. Wylie Bilco, Inc. will do everything within their
ability to work with the citizens on this project.
The commission members had some questions/comments concerning the following issues: Were the
questions in Mike Phillips' letter of July 27, 1995 answered? Could you rethink your proposal and
bring something back better suited to our community? Costs to the City of Wylie for infrastructure,
education, city services, park improvements, multi-family next to school, what is the developers fair
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share? Who was contacted regarding conservation dam requirements? Proposed zoning changes,
lot sizes too small, needs to be up to our current standards. Where is the equal playing ground level
when what the developer is proposing is smaller that all other developments in Wylie? Mike Phillips
stated that he believed Wylie Bilco, Inc. had the wrong ordinance in regards to zoning. Ordinance
#86-1 is the most current and that Wylie Bilco had Ordinance#85-46 and that this difference would
make the density figures compute differently.
Skip Hynek replied that he had received Mike Phillips' letter from Karen Porter and answered his
questions on the telephone. They feel that the city could re-coup the costs through taxes that would
be paid by the new homeowners and impact fees passed onto the builders. They will take a look at
the zoning next to the elementary school and try to work something out. Brad Meyer stated that he
didn't have the name of the person he contacted regarding conservation dam requirements but did
state that as long as they stayed above the required elevation they would have no problems. Mr.
Meyer also stated that the ordinance he had was 85-46 and that he would like to get a copy of
Ordinance 86-1 and would have to re-calculate their figures. In regards to the lot/house sizes, they
feel that the amenities that they are proposing would make up for what they lack in land.
Chairman Peddicord suggested to the commission that this Open Hearing be tabled and have the
developers visit with staff, make some adjustments on their proposal and come back to continue this
meeting on October 2, 1995. Motion was made by John Crowe to table the Public Hearing until
October 2, 1995, seconded by Steve Ahrens. Skip Hynek unable to attend October 2, 1995. Motion
to amend the prior motion made by John Crowe to table the Public Hearing until October 16, 1995,
seconded by Steve Ahrens, motion is carried. All in favor(7 votes).
ADJOURN: A motion was made by John Crowe and seconded by Cecilia Wood to adjourn.
Motion carried, all in favor(7 votes). Chairman Peddicord adjourned the meeting.
Respectfully submitted,
Bart Peddicord, Chairman Rebecca Rogers, Secretary
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Planning & Zoning Commission
#2 Action Item Re: Request for a variance from the Subdivision Regulations for
elimination of a sidewalk
September 18, 1995
According to Chapters 1.04 and 1.08 of the Wylie Subdivision Regulations, the
Planning & Zoning Commission is vested with the authority to grant variances from
these regulations and may approve variances to these regulations so that substantial
justice may be done and the public interest secured.
Melissa Abbott is in the process of constructing a new daycare facility to be known as
The Cornerstone Private School located at 120 N. Birmingham Street. She is
requesting a variance from the Wylie Subdivision Regulations which require a sidewalk
to be constructed adjacent to Industrial Court.
This property is surrounded by Industrial zoned businesses, and due to the nature of
her establishment, there is no need to provide a sidewalk along Industrial Court which
will only serve to join her daycare to the industrial businesses next to her and
encourage foot traffic along a heavily travelled truck route. There are no other
sidewalks along Industrial Court and children will not be walking to her daycare.
The Cornerstone Private School
"gU lduc9 i Sala '>tauu,cdatia c 740/..14 2€a14'q Sduexteed c,
216 N. Rustic Trails
Wylie, Texas 75098
442-6495
June 19 , 1995
Dear Mr . Phillips ,
I am writing to request that the installation of
a sidewalk be eliminated from Industrial Street through the
means of a variance .
Since our property borders an Industrial Zoning area
we can not find a need for a walkway for our business or
any businesses in this area . Presently , there are no
sidewalks on Industrial Street . Due to the nature of our
business ( child care ) driveways and amble parking will be
provided for our customer 's needs .
We appreciate your help and cooperation with this
matter .
Sincerly ,
Melissa Abbott
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minimum stance of 350 feet from the point o, tersection. From that point the
pavement width may be decreased to four lanes, with provision of an appropriate
transition in paving width. If property abutting only one side of the proposed
thoroughfare is to be developed, then three full lanes will be constructed, including
left turn lane and transition. This provision will not require widening an existing
intersection that already provides four through lanes.
F. Access from Residential Subdivisions or Additions. Residential lots must have a
minimum frontage of 24 feet on a dedicated street,except where varied through approval
of a Planned Residential Development. Where subdivisions or additions are platted so
that the front yards of single-family residential lots are adjacent to a dedicated roadway,
the owner shall provide at his sole expense one of the following types of treatment:
(1) For thoroughfares designated Type A, B+, C, or D (in the Comprehensive Plan),
no residential lot shall have direct access to the thoroughfare unless a service road
is provided adjacent to the thoroughfare.
(2) For thoroughfares designated Type E, lots may have direct driveway access to the
street provided that the following development standards are complied with:
(a) A minimum lot width of 100 feet.
(b) A minimum front yard setback of 50 feet.
(c) A circular driveway shall be provided with a minimum of six off-street paved
parking spaces.
(3) For streets designated Type F or G,lots may have direct access to the street if other
requirements of the Thoroughfare Plan are met.
5.05 Sidewalks and Bikeways
A. Sidewalks. Sidewalks shall be constructed in accordance with the Thoroughfare Plan of
the City of Wylie for all lots adjoining dedicated streets,along major thoroughfares where
lots do not adjoin the street, along power line easements and in other areas where
pedestrian walkways are necessary. Sidewalk construction may be delayed until
development of lots, but in locations not adjacent to lots and across bridges and culverts,
the sidewalk shall be constructed with the other improvements to the subdivision or
addition. Sidewalks adjacent to screening walls shall generally be placed against the
screening walls to the subdivision or addition. Routing to clear poles, trees or other
obstacles shall be subject to approval by the City Engineer.
-44-
B. To guide the r.. ire growth and development of ,. City in accordance with the
Comprehensive Plan.
C. To ensure safety from fire, flood, and other dangers, and to prevent overcrowding of the
land and undue congestion of population.
D. To guide public and private development in order to provide adequate and efficient
transportation,water, sewerage, drainage, and other public requirements and facilities.
E. To provide for the circulation of traffic and pedestrians required for the beneficial use of
land and buildings and to avoid congestion throughout the City.
•
F. To establish reasonable standards of design and procedures for platting and replatting to
further the orderly layout and use of land, and to ensure proper legal descriptions and
monumenting of platted land.
G. To ensure that adequate public facilities and services are available and will have sufficient
capacity to serve the proposed subdivision or addition and that the community will be
required to bear no more than its fair share of the cost of providing the facilities and
services.
H. To prevent the pollution of streams and ponds; to ensure the adequacy of drainage
facilities; to safeguard the water table, and to encourage the wise use and management of
natural resources, and enhance the stability and beauty of the community and the value
of and land.
I. To provide for open spaces through the most efficient design and layout of the land.
J. To remedy the problems associated with inappropriately platted lands, including
premature subdivision, incomplete subdivision and scattered subdivision.
1.04 Authority
A. In addition to its other responsibilities,the Planning&Zoning Commission of the City of
Wylie (hereinafter "Commission") is vested with the authority to review, approve,
conditionally approve and disapprove applications for the platting or subdivision of land,
including land studies, conveyance plats, preliminary plats, final plats, amended plats,
replats,and vacation of plats. The Commission may grant variances from these regulations
pursuant to the provision of Section 1.10. Acceptance for all major subdivisions shall be
subject to final approval by the City Council.
-2-
1.08 Variance
A. General. Where the Commission finds that unreasonable hardships or difficulties may
result from strict compliance with these regulations and/or the purpose of these
regulations may be served to a greater extent by an alternative proposal, it may approve
variances to these subdivision regulations so that substantial justice may be done and the
public interest secured; provided that the variance shall not have the effect of nullifying
the intent and purpose of these regulations; and further provided the Commission shall
not approve variances unless it shall make findings based upon the evidence presented to
it in each specific case that:
(1) The granting of the variance will not be detrimental to the public safety, health, or
welfare or injurious to other property, and;
(2) The conditions upon which the request for a variance is based are unique to the
property for which the variance is sought and are not applicable generally to other
property, and;
(3) Because of the particular physical surroundings,shape or topographical conditions of
the specific property involved, a particular hardship to the owner would result, as
distinguished from a mere inconvenience, if the strict letter of these regulations is
carried out, and;
(4) The variance will not in any manner vary the provisions of the Zoning Ordinance or
Comprehensive Plan, except that those documents may be amended in the manner
prescribed by law.
B. Criteria for Variances From Development Exactions. Where the Commission finds that
the imposition of any development exaction pursuant to these regulations exceeds
reasonable benefit to the property owner or is so excessive as to constitute confiscation of
the tract to be platted, it may approve variances to such requirements, so as to prevent
such excess.
C. Conditions. In approving variances,the Commission may require such conditions as will,
in its judgment, secure substantially the purposes described in Section 13.
D. Procedures.
(1) A petition for a variance shall be submitted in writing by the property owner at the
time when the conveyance plat, preliminary plat or final plat is filed for the
consideration of the Commission. The petition shall state fully the grounds for the
application and all of the facts relied upon by the petitioner.
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