07-15-1993 (Zoning Board of Adjustment) Agenda Packet AGENDA
ZONING it OA I'J OF ADJUSTMENTS
Wylie Municipal Complex
July 15, 1993
6:30 p.m.
CALL TO ORDER
ELECTION OF CHAIRMAN
PUBLIC HEARINGS
1 . BOA 93-1-Z Hold Public Hearing and Consider Approval of a
Request from Earle W. Willbern for a Variance to the Minimum
Parking Requirements of the Comprehensive Zoning Ordinance
to Allow Less than Two Covered and Enclosed Parking Spaces
at 407 Vicki
2. BOA 93-2-Z Hold Public Hearing and Consider Approval of a
Request from Tommy Reuthinger for a Variance to the Minimum
Lot Width Requirements of the Comprehensive Zoning
Ordinance to Allow Fewer than 60 Feet of Lot Frontage on a Lot
to be Subdivided from 705 S. Ballard
ADJOURNMENT
§ 30.7 If a non-conforming structure or a (3) Rules and Regulations: The board shall
structure occupied by a non-conforming use is adopt rules and regulations and keep
destroyed by fire, the elements or other cause, it minutes of its proceedings, showing the
may not be rebuilt except to conform to the vote of each member. The board shall
provisions of this ordinance. In the case of partial adopt from time to time such additional
destruction of a non-conforming use not exceeding rules and regulations as it may deem
ninety percent (90%) of its reasonable value, necessary to carry into effect the
reconstruction may be permitted after a hearing and provisions of the ordinance and shall
favorable action by the board of adjustment, but furnish a copy of the same to the
the size and function of the non-conforming use building inspector,all of which rules and
shall not be expanded. regulations shall operate uniformly in all
cases. All of its resolutions and orders
shall be in accordance therewith. All
SECTION 31 proceedings of the board shall be a public
ZONING BOARD OF ADJUSTMENT record,and all meetings shall be open to
the public.
The word"board"when used in this ordinance shall (4) Meeting: Meeting of the board shall be
be construed to mean the zoning board of held at the call of the chairman and at
adjustment. such other times as the board may
determine. The chairman or acting
§ 31.1 Organization and Procedure chairman may administer oaths and
compel the attendance of witnesses. All
(1) Establishment: A board of adjustment is meetings, hearings or proceedings shall
hereby established in accordance with the be heard by at least four(4) members of
provisions of V.T.C.A., Local the board.
Government Code. § 211.008,regarding
the zoning of cities and with the powers § 31.2 Appeals
and duties as provided in said statutes.
(1) Procedure: Appeals may be taken to and
(2) Membership: The board shall consist of before the board of adjustment by any
five (5) citizens each to be appointed or person aggrieved, or by any officer,
re-appointed by the mayor and confirmed department,board,or bureau of the city.
by the city council. for staggered terms Such appeal shall be made and specifying
of two (2) years respectively. Each the grounds thereof. The office or
member of the board shall be removable department from which the appeal is
for just cause by city council upon taken shall forthwith transmit to the
written charges and after public hearings. board of adjustment all of the minutes
Vacancies shall be filled by the city constituting the record upon which the
council for the unexpired term of any action appealed from was taken.
member whose term becomes vacant.
The board shall elect its own chairman, (2) Stay of Proceedings: An appeal shall
who shall serve for a period of two (2) stay all proceedings in furtherance of the
years or until his or her successor is action appealed from unless the building
elected. The city council may appoint inspector shall certify to the board of
four (4) alternate members of the board adjustment that by reason of facts in the
who shall serve in the absence of one(1) certificate, a stay would, in his or her
or more regular members when requested opinion, cause imminent peril to life or
to do so by the mayor or city manager. property,in which case proceedings shall
not be stayed otherwise -than by a
restraining order which may be granted
by the board of adjustment or by a court
. These of equity.after notice to the office from
alternate members,when appointed,shall whom the appeal is taken and on due
serve for the same period as regular cause shown.
members and any vacancies shall be
filled in the same manner and shall be (3) Notice of Hearingon A The board
subject to removal as regularmembers. le time shall fix a reasonable time for the
Page 41
hearing of the appeal or other matter (b) To permit a public utility or public
referred to it, and shall mail notices of service or structure in any district, or a
such hearing to the petitioner and to the public utility of public service building
owners of property lying within two of a ground area and of a height at
hundred feet(200)of any point of the lot variance with those provided for in the
or portion thereof on which a variation is district in which such public utility or
desired,and to all other persons deemed public service building is permitted to be
by the board to be affected thereby. Such located,when found reasonably necessary
owners and persons being determined for the public health. convenience,
according to the current tax rolls of the safety,or general welfare.
city. Depositing of such written notice
in the mail shall be deemed sufficient (c) To grant a permit for the extension
compliance therewith. of a use,height or area regulation into an
adjoining district, where the boundary
(4) Decision by Board: The board shall line of the district divides a lot in a
decide the appeal within a reasonable single ownership on the effective date of
time. Upon the hearing, any party may this ordinance.
appear in person or by agent or attorney.
The board may reverse or affirm wholly (d) Permit the reconstruction of a
or partly or may modify the order. nonconforming building which has been
requirements.decisions or determination damaged by explosion. fire. act of God,
as in its opinion ought to be made in the or the public enemy. to the extent of
premises and to that end, shall have all more than ninety percent (90%) of its
powers of the officer or department from fair market value, where the board finds
whom the appeal is taken. some compelling necessity requiring a
continuance of the non-conforming use
(5) The concurring vote of four(4)members and the primary purpose of continuing
of the board shall be necessary to revise the non-conforming use is not to
any order, requirement, decision or continue a monopoly.
determination of any such administrative
official. or to decide in favor of the (e) Waive or reduce the parking and
application on any matter upon which it loading requirements in any of the
is required to pass under this ordinance or districts,whenever the character or use of
to affect any variance in said ordinance. the building is such as to make
unnecessary the full provision of parking
§ 313 Powers and Duties of Board or loading facilities, or where such
regulations would impose an
(1) Subpoena Witnesses. Etc.: The board unreasonable hardship upon the use of
shall have the power to subpoena the lot, as contrasted with merely
witnesses, administer oaths and punish granting an advantage or a convenience.
for contempt. and may require the
production of documents, under such (3) Variances:An application or request for a
regulations as it may establish. variance shall not be heard or granted
with regard to any parcel of property or
(2) Appeals Based on Error. The board shall portion thereof upon which a concept
have the power to hear and decide appeals plan, detail site plan or development
where it is alleged there is error of law in plan.preliminary plat or final plat.when
any order, requirements. decision or required by this ordinance for any parcel
determination made by the building of property or portion thereof. has not
inspector in the enforcement of this been finally acted upon by both the
ordinance, planning and zoning commission and die
city council. The administrative
(a) Permit the erection and use of a procedures and requirements of this
building or the use of premises for ordinance, with regard to both p
railroads if such uses are in general and zoning commission and city covidii
conformance with the master plan and consideration and anion, on comma
present no conflict or nuisance to .ir, per,detail site pl preliminary pill
adjacent properties. r and final plats. must be-exhausted pddr
}
to requesting a variance from the terms (b) That literal interpretation of the
of this ordinance. provisions of this ordinance would
deprive the applicant of rights commonly
The board shall have the power to enjoyed by other properties in the same
authorize upon appeal in specific cases district under the terms of this ordinance.
such variance from the terms of this
ordinance as will not be contrary to the (c) That the special conditions and
public interest, where, owing to special circumstances do not result from the
conditions, a literal enforcement of the actions of the applicant.
provisions of this ordinance will result
in unnecessary hardship and so that the (d) That granting the variance requested
spirit of this ordinance shall be observed will not confer on the applicant any
and substantial justice done, including special privilege that is denied by this
the following: ordinance to other lands, structures or
buildings in the same district.
(a) Permit a variance in the yard
requirements of any district where there (e) No non-conforming use of
are unusual and practical difficulties or neighboring lands, structures, or
unnecessary hardships in the carrying out buildings in the same district and no
of these provisions due to an irregular permitted use of lands, structures, or
shape of the lot, topographical or other buildings in other districts shall be
conditions, provided such variance will considered grounds for the issuance of a
not seriously affect any adjoining variance.
property or the general welfare.
(f) Financial hardship shall not be
(b) Authorize upon appeal. whenever a considered grounds for the issuance of a
property owner can show that a strict variance.
application of the terms of this ordinance
relating to the construction or alterations (4) Changes: The board shall have no
of buildings or structures will impose authority to change any provisions of
upon him or her unusual and practical this ordinance and its jurisdiction is
difficulties or particular hardship, such limited to time. The board may not
variances from the strict application of change the district designation of any
the terms of this ordinance as are in land either to a more restrictive or less
harmony with its general purpose and restrictive zone.
intent, but only when the board is
satisfied that a granting of such variation
will not merely serve as a convenience to SECTION 32
the applicant, but will alleviate some SPECIAL DEFINITIONS
demonstrable and unusual hardship or
difficulty so great as to warrant a
variance from the standards or regulations Certain words in this ordinance not heretofore
established by this ordinance and at the defined are defined as follows: Words used in the
same time,the surrounding property will present tense include the future; words in the
be properly protected. singular number include the plural number, and
words in the plural number include the singular
A written application for variance shall number, the word "building" includes the word
be submitted together with a fee, "structure:" the word "lot" includes the words
accompanied by an accurate legal "plot"or"fit;"the word"shall"is mandatory and
description, maps, site plans, drawings not discretionary.
and any necessary data,demonstrating:
(a) That special conditions and ¢ 32.1 Accessory building — (residential) -A
subordinate building detached from the main
circumstances exist which are peculiar to building and used for purposes customarily
the land, structure or building involved incidental to the residential occupancy of the main
and which are not applicable to other building and not involving the conduct of a
lands, structures, or buildings in the business or the sale of a service. Accessory
same distnct buildings include but are not limited to an
Page 43
ZONING It Oil l I OF ADJUSTMENTS
July 12, 1993
1 . BOA 93-1-Z Hold Public Hearing and Consider Approval of a
Request from Earle W. Willbern for a Variance to the Minimum
Parking Requirements of the Comprehensive Zoning Ordinance
to Allow Less than Two Covered and Enclosed Parking Spaces
at 407 Vicki
The Comprehensive Zoning Ordinance requires in residential zoning
categories that each structure include two covered and enclosed parking
spaces, meaning that each residence must have a two-car garage. Mr.
Willbern's builder states that he checked with our previous building
inspector who approved the plans for a single car garage with a double
carport. Unless Mr. Willbern receives a variance from the Board of
Adjustments, he is required to provide a two-car garage.
The Planning and Zoning Commission has looked at this requirement
to determine if the ordinance should be amended but did not recommend
amending the ordinance.
Attached is a site plan of Mr. Willbern's lot, his elevation drawing and
the notices returned from property owners within 200 feet.
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CITY OP' WYLIE
2000 HWY.78N. -P.O. BOX 428
WYLIE,TEXAS 75098
(214)442-2236 • FAX 442-4302
BEFORE THE ZONING
BOARD OF ADJUSTMENTS
The Zoning Board of Adjustments will hold a public hearing on Thursday, July 15
1993 at 6:30 p.m. to consider approval of a request from Earl Wilibern for a variance to
the minimum parking requirements of the Comprehensive Zoning Ordinance to alow less
than two covered and enclosed off-street parking spaces at 407 Vicki, further described
as Lot 3, Block K, Phase II Point North Addition.
As an interested property owner, you are encouraged to attend this meeting or
notify the Board of Adjustments of your feelings regarding this matter in writing by
returning the form below:
RE: BOA - Earl Wilibern
Return this form to: Mary Nichols, City Secretary, P.O. Box 428, Wylie, TX 75098
I am in favor of the request for the reasons listed below
I am opposed to the request for the reasons listed below
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re;�• Signature
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Printed Name _Scott Re✓e.th;,,y er
Address to? Vi e is