01-11-1990 (Zoning Board of Adjustment) Agenda Packet �
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VVYL|E.TEXAS 75OQ8
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January 12, 1990
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� To Whom It May Concern:
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' This is certify that the Zoning Board of Adjustments
COMOTANAA-I'' 'the City of Wylie did meet on January 11 , 1990
and did then and there grant a variance from the requirement
of two covered enclosed parking places for Lot 10, Block D,
Oaks Addition, 804 Douglas.
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' Dir=ctor of Planning and Zoning
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108S.JAOKSONST — PO. BOX 42B
VVYL|E.TEXAS 75UQ8
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January 12, 1990
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To Whom It May Concern:
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This is to certify that the Zoning Board of Adjustments
Commission of the City of Wylie did meet on January 11 , 1990
and did then and there grant a variance from the requirement
of the 25 foot front building set back line for Lot 19,
Block D, Twin Lakes Subdivision, 221 Martin.
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' Royraires ,
Director of Planning and Zoning
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DATE POSTED 1-5-90
TIME POSTED 5:00 P.M.
AGENDA
REGULAR MEETING-ZONING BOARD
OF ADJUSTMENTS CITY OF WYLIE, TEXAS
THURSDAY, JANUARY 11 , 1990
7: 00 PM COUNCIL CHAMBERS
MUNICIPAL COMPLEX
2000 HWY. 78 NORTH
CALL TO ORDER
ORDER OF PAGE
BUSINESS REFERENCE BUSINESS
1 1 - 2 Consider approval of July
24, 1989 Minutes
2 _ - 11 Conduct PUBLIC HEARING on
a variance for an
exception to zoning
ordinance - the
requirement for two
covered enclosed parking
places (located at Lot 10
B1k: D, Oaks Addition, 804
Douglas)
Consider approval of
variance on exception to
zoning ordinance - the
requirement for two
covered enclosed parking
places
4 12 - 14 Conduct PUBLIC HEARING on
a variance for an
exception to zoning
ordinance - structure
extends over front
building set back
requirements (located at
Lot 19 Bl k: D, Twin Lakes,
1109 Hughes Court )
5 Consider approval of
variance on exception to
zoning ordinance -
structure extends over
front building set back
requirements
6 Ad :o,urn
ZONING BOARD OF ADJUSTMENTS
MINUTES
JULY 24, 1989
The Zoning Board of Adjustments met in regular session on Monday,
July 24, 1989, in the Council Chambers of the Municipal Complex .
A quorum was present and notice of the meeting had been posted in
the time and manner required by law. Members present were
Chairman Art Harris, Sue Ellen Neal , G. W. Gooding, Cleo Adams
and Richard Eckman. Staff members present were Code Enforcement
Inspector Kenny Powell , City Secretary Carolyn ,Jones. and
Secretary Debbie Fletcher.
Chairman Harris called the meeting to order.
ADMINISTER OATH OF OFFICE TO NEW MEMBERS AND_._. RE-APPOINTED
MEMBERS, City Secretary Carolyn Jones administered the oath of
office to new member Richard Eckman and to re-appointed members
Sue Ellen Neal and G. W. Gooding.
ELECTION OF CHAIRMAN OF THE BOARD. Sue Ellen Neal made a motion
to re-elect Mr. Harris for Chairman. The motion was seconded by
Mr. Adams. The motion carried with all in favor.
ELECTI.ON_-OF_._-VICE__CHAIRMAN__OF_ THE_BOARD. Mrs. Neal made a motion
to r -elect Cleo Adams. The motion was seconded hy Mr. Gooding.
The motion carried with all in favor .
CONSIDER APPROVAL OF MINUTES FOR MARCH 3 1989 MEETING. There
being no corrections to the minutes, a motion was made by
Chairman Harris to approve the minutes as submitted. Mrs. Neal
seconded the motion. The motion carried with all in favor.
CONDUCT PUBLIC HEARING ON THE REQUEST FOR A VARIANCE OF 4 FEET o
INCHES-.ON THE SIDE YARD SET BACK AT LOT .?{�iBLOCK 2, HOLIDAY
TERRACE (903, MARDIGRAS) . Chairman Harris asked staff before
opening the public hearing if there were any mail -outs on this
subject and if there had been any replies from concerned
citizens. Mrs. Jones stated that 25 letters had been mailed to
citizens and 7 were returned with all in favor.
Chairman Harris questioned staff on why a Question
sheet had not been included with the variance request_ City
Secretary Carolyn Jones said that the one sheet was all she
received from the Code Enforcement department. Chairman Harris
said a Question and Answer sheet needs to always be included .
Chairman Harris asked if anyone was present to speak on behalf of
the request. Since there was not _. reo r-P'_ �._nL.a.ti ye for the
requested variance, Chairman Harris closed the public hearing.
CONSIDER APPROVAL OF VARIANCE OF 4 FEET 6 INCHES ON THE SIDE YARD
SET BACK AT LOT 30, BLOCf_::. 2iHOLIDAY TERRACE (903 MARDI GRAS.
Mrs. Neal stated she had looked at the house and the run-down
carport appears to be sitting right on the property line,
therefore one of her concerns regards easement. Mr . Powell
replied there is no easement. Mrs. Neal ' s other concern is that
since the garage is practically sitting on the property line if
the owner decides to replace the run-down fence it would create a
hardship.
Mrs. Neal said to replace the run-down carport with a new garage
would be an improvement, but there is a considerable amount of
space between the house and the garage. Mr. Powell said the
variance request for the garage up-grading is in order to meet
the city ordinance.
Mr. Goodin made a motion to grant 3 the variance request to
replace a run-down carport with a new garage. Mrs. Neal seconded
the motion. The motion carried with all in favor.
Art Harris, Chairman
Respectfully Submitted,
Debbie Fletcher , Secretary
APPLICATION
TO
MI Board of Adjustment and Appeals (Building) ORDINANCE 83-15
III Board of Adjustment and Appeals (Zoning) ORDINANCE 81-5
• Planning and Zoning Commission ORDINANCE 81-5
NAME DALE E, CARPio D E -
ADDRESS ? O'-/ DotJCLA5
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LOT ((i) BLOCK . 1)
SUBDIVISION % C)
BASIS OF APPLICATION:
JInterpretation
II Special exception for use or development
k, i Variance
DRezoning
I v, I Exception to Building Code
EXPLANATION: ��
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SIGNITURE of APPLICANT Avg/ ,4422,2L 4_
DATE i r/t 7/4 i
Must be accompanied by filing fee of $ jcio, °O
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Received:
Date:
CODE ENFORCEMENT OFFICER
TO BE SUBMITTED WITH APPLICATION
A written application
for variance shall be submitted
together with a fee, accompanied by an accurate legal
description, maps, site plans, drawings and any necessary
data, demonstrating :
a. That special conditions and circumstances exist
which are peculiar to the land, structure or building
involved and which are not applicable to other lands,
structures, or, buildings in the same district. (LIST
CONDITION AND CIRCUMSTANCES)
b. That literal interpretation of the provisions of
this ordinance would deprive the applicant of rights
commonly enjoyed by other properties in the same district
under the terms of the ordinance. (LIST RIGHTS BEING
DEPRIVED)
c. That the special conditions and circumstances do
not result from the actions of the applicant. (SHOW WHO' S
ACTIONS CAUSED THE CONDITION)
d. That granting the variance requested will not
confer on the applicant any special privilege that is denied
by this ordinance to other lands, structures or buildings in
the same district. (LIST)
e. No non-conforming use of neighboring lands,
structures, or buildings in the same district and no
permitted use of- lands, structures, or buildings in other
districts shall be considered grounds for the issuance of a
variance.
f. Financial hardship shall not be considered
grounds for the issuance of a variance.
Attachment
Since .19_2„.s. my hccre has had a Family Pc.,:m where
the darage exieted. At the time the darage
was convertef.: , Aa a SUILD-7.NG 7EF.:117 7 : a
20 by 12 buidng P :E my -...,rb72Fty .
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'_ ) The action<ti . ch have '=aLse?J this condition were the
res . . Of ME nc ; _,.n�_'winc there was.. an Orcinan _e against
Pl_ %tr-:g:i. nC a qar ige into living quarters. -iad I known of
t1-; ;Ordina.n:_E:_ T wO'-'.-. c. `l•::_;'ve applied for a variance in 1985.
J) Un nn
._) The Variance which I Elm recz e`.Stlr' is for my 'amity
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CITY OP' WYLI113
108 S.JACKSON ST. — P.O. BOX 428
WYLIE,TEXAS 75098
(214)442-2236
September 27, 1989 P 127 851 814
Dale Garriotte
804 Douglas Court
Wylie, Texas 75098
RE: 804 Douglas Court
Dear Mr. Garriotte:
We have observed that you have converted your garage to
Living Quarters.
Our records do not indicate that you have requested or been
granted a Building Permit for this construction. You should
understand that additions, alterations or repairs to an
building are required by City Ordinance, to be permitted by
the Inspection Department.
In addition, we must inform you that the Zoning Ordinance
requires all Single Family Residences to have a two car
garage. Therefore, if you convert the present garage, you
are required to build a replacement.
We hope you will voluntarily comply with the ordinance
referred to, thereby relieving this office of the obligation
to seek legal remedies, including, but not limited to filing
Misdemeanor Charges in Municipal Court.
If you should have any questions regarding this matter,
please feel free to give me a call .
Sincerely,
V7 ,f,/'
H. K . Powell
In'apector
HKF: df
October 19. 1989
City of Wylie, Texas
Roy Faires
In response toa your letter which was dated Sept 27 , 1989.
The garage was converted by me in 1985 and I did not
know it was against the law to make improvements on
a building which already had a foundation. A PERMIT
was in my possession for the construction of a building
east of my home. This was completed and checked.
Receiving the letter from the City has greatly upset
my family and I do need time to check out the options
I have.
I talked to Bud Naish, councilmember, and asked if I
could go before the council and make a request . He
replied that the upcoming meeting had a full agenda
and it would need to wait until the following meet-
ing .
My intent is not to give You or the City a hard time
but as an American, living in the land of the free, I
should be able to make adjustments to my home . I also
realize some guidelines and restrictions need to be
applied to the City.
I request an extension of 60 days , from today, to
check into the legal options at my disposal .
J& JLti
Dale Garriotte
804 Douglas
Wylie ,TX •
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Good evening Mayor, Mr . Norwood, and council members.
COMMENTS: " I have both a complaint and request
A) Recently I received a letter from the city 4 years
"after the fact" of converting my garage into
living quarters.
No 1. The lettr appeared to me, as a throat take
me to court. I don' t like the way this was handled. I
don't think this is the way to treat citizens in the
United States City Officials, Police, etc . . .
are employed to aid the citizens and help build a
better community.
No 2. Roy Fai res only lives 1 street over and 1 /2
block up Liberty. He has driven by the corner of Oak
and Douglas on several occasions the past 4 years.
No 3. Gus Pappas was City Manager when my nei ahbor
made complaints about the Lift Station, sewer problems,
and Gus stood feet from my converted garage and
did not lodge a complaint .
No 4. Several City workers have also been in my
yard and never made a complaint .
B) I did not know it was against a Ordinance to convert a
garage into living quarters until a recent bill insert .
No 1 . I did know tat if adding a foundation on your
land and then funding, required a permit . This was done
by me when putting up my building.
No 2. In my : nio"n some Ordinances are "written to
please a few out to hinder the majority. When a man owns
his property, he should have some say as to what can be
done on it since this is America and not a Socialist
Nation.
No 3. There are several homes which have been converted
which the resident put time and effort into making :hem
neat and not degrading the neighbor hood. This was also my
intent .
C) New residents do not know Ordinances or rules which
have been set up by City Councils. Actually many residents
who have been here for several years don' t know them.
No 1 . Make information available at a reasonable cost.
don' t want to pay $ 20. 00 for a 1 inch booklet but I
would probably pay 2 or 3 dollars for a floppy disk with
t h e same information.
No 2. Add a page or two in your Quarterly bulletin with
some helpful information to the normal citizen. Me being
here is a waste of time. Had known - aqul at i c'n
existed then I could have used other alternatives.
No 3. When citizens, like me, make a mistake, ( the term
used is " ignorance of thelaw" ) some solution
should be available in which both parties can be
reasonably satisfied.
D) I did seek legal advice and was told to go through the
Local City " chain of command" before escalating anything
higher . `1y hope i to work out a solution and resolve
my problem.
No 1 . The new ordinance states a minimum size for a
external garage. My lit size doesn' t leave room for this
unless it is some hodge podge.
No - 1 was rec ht y told there is a "Zoning Board of
Adjustments" but that no one has ever been granted an
exception on a bade conversion. This negative
orr=spondence = me didn' t give me much hope of pleading
my ,:ase :)
E) I move that 'you review i;his Ordinance and make
modifications which allow a home owner , now and in the
future, to make r• asc'nable adjustments to the property
.:hi they own T also respectfully request you review
my complaint •- allow me to keep my home in the same
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.e pectfuily
Dale E, Isar` e
APPLICATION
TO
Board of Adjustment and Appeals (Building) ORDINANCE 83-15
rn Board of Adjustment and Appeals (Zoning) ORDINANCE 81-5
. Planning and Zoning Commission ORDINANCE 81-5
NAME STARLIGHT CUSTOM HOMES, INC.
ADDRES 109 HUGHES CT WYLIE, TX. ?S098
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LOT 19 BLOCK L
SUBDIVISION TWIP' LAKES
BASIS OF APPLICATION:
II Interpretation
(XX I Special exception for use or development
UVariance
DRezoning
ni Exception to Building Code
EXPLANATION:
An error was mat-1p Hy cement contractor resulting in a
small protrusion of structure beyond building line .
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SIGNITURE of APPLICANT yj X/
DATE recember 19 , 1939
Must be accompanied by filing fee of $ / b
Received:
Date: / z- z0— Y7
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14410,
CODE ENFORCEMENT OFFICER
TO DE SUBMITTED WITH APPL jcAT1ON
A written application for variance shall be submitted
together with a fee, accompanied by an accurate legal
description, maps, site plans, drawings and any necessary
data, demonstrating:
a. That special conditions and circumstances exist
which are peculiar to the land, structure or building
involved and which are not applicable to other lands,
structures, or buildings in the same district. (LIST
CONDITION AND CIRCUMSTANCES)
Lot 19 , Block D, Twin Lakes Subdivision is an irregularly
shaped lot located at the end of a Cul de Sac street (!lartin)
which lends to error. In other words , nothing is square .
b. That literal interpretation of the provisions s of
this ordinance would deprive the applicant of rights
commonly enjoyed by other properties in the same district
under the terms _,f the ordinance. (LIST RIGHTS BEING
DEPRIVED) The right to sell the house . The home is sold
and awaiting variance for closing .
c. That the special conditions and circumstances do
not result from the actions of the applicant. (SHOW WHO' S
ACTIONS CAUSED THE CONDITION) I specified with plans the
location of this structure to meet the set back requirements .
The plans were not followed by the cement contractor .
d. That granting the variance requested will not
confer on the applicant any special privilege that is denied
by this ordinance to other lands, structures or buildings in
the same district. (LIST) We feel that the smallness of the
variance along with the location of the lot (end of street) and
when landscaping is complete , for all practical purposes , the
protrusion would go unnoticed in the subdivision .
e. No non-conforming use of reignboring land ,
c,tructures, or buildings in the same district and no
permitted use of lands, structures, or buildings in ,.-,trier
districts shall be considered grounds for the issuance of a
variance.
r. Financial -,arasr, ip sail not ce consice.-r-o
gr'_.ur,bs for the issuance Df a variance.
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0 Phase I, an
seas, according to The following easements do not affect this tract . CORWIN ENGINE
1, of the Nap SOO W MA N SI P,.,
Lone Star Gas Company Blanket Easement Volume 273, Page 176 at,tEN LYE xAS 75002 i .:
Texas Power a Light Company Easement Volume 313, Page 122
Texas Power 4 Light Company Easement Volume 379, Page 407 LOT SURVEY;,
(*resents • survey A OF
mbar 13, 19s9. se'.�� j E,
fqt It appears that this tract is subject to the Lone Star Gas LOT 19 BL-
.s• b4 :* Company Blanket Easement recorded in Volume 274, Page 631 . Twin Lakes Subd
WMMOlLCOIWIN' Nti Phase I r
!!n!`e' CITY OF •
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Plead Hazard Area COJ1N COUNTY
DATE : 12 14-99 1Fgi
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