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12-21-1989 (Zoning Board of Adjustment) Agenda Packet DATE POSTED 12-15-89 TIME POSTED 9:00 A.M. AGENDA REGULAR MEETING-ZONING BOARD OF ADJUSTMENTS CITY OF WYLIE, TEXAS THURSDAY, DECEMBER 21 , 1989 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 3 - 11 Conduct PUBLIC HEARING on a variance for an exception to building code - garage conversion in 1985 at the request of Dale E. Garriotte Consider approval of variance on exception to building code - garage conversion in 1985 4 Adjourn ZONING BOARD OF ADJUSTMENTS MINUTES JULY 24, 1989 The Zoning Board of Adjustments met in regular session on Mondayw! July 24, 1989, in the Council Chambers of the Municipal Complex . A quorum was present and notics 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 , Clco Adams and Richard Eckman. Staff members present were Code Enforcement Inspector Kenny Powell , City Secretary Carnlvn Joles, and Secretary Debbie Fletcher . [hazrnan Harris called the meetirg to orcer . ADMMISTER_Told._OF__OFFiCE_-TO__NEW__MEM�ERS__AND_ -RE�APPOINTED WAY, City Secretary Carol }n Jones administered the catl oF uffice to new member Richar.j Eckman and to re-appointed members Sue E1len Neal and G. W. Gooding. ELECT�ON_OF__CHAIRMAN_OF_THE_BOARD� Sue Ellen Neal made a motion to re-elect Mr. Harris for Chairman. The motion was secondW by Mr. Adams. The motion carried with all in favor. ELECTION_JF-_VICE_CHAlRMAN_OF_THE_BOAR��� Mrs. Neal made a moLjun to 'e-elect Cleo Adams. The mmion was secDnaed by Mr Goodjng. The motion carried with all in favor . . ONSIDER_APPR3. MEETING. [here being no cor-ections to the minutes, a motion was made bv Chairman Harris to approve the minutes as submitted. Mrs. Neal seconded the motion. The motion carried Wth all in f*vor . CONDUCT_PUBLIC_-HEARIN2_ON_THE_RFQU;ST_FOR_A_VARlANCE_OF_4_FEET _� INCHES_ON-_THE_SIDE__YARD_SET__BACK_ATLOT_30�_-BLOCK-2�_HOLIDAY TERRACE_{903__M4RDI_GRASi. Chairnan Harris askeo staff befor� openiIg the public hearing if there were ary mail -outs on ihiii� subject and if there hed been any replies from concerned citizens. Mrs. 'Jones stated that 25 letters had been nailed to citizens and 7 were returneo with all in favor . Chairman Harris questivned staff on why a Question and Answer sheet had not been jrcluded wzth the variance request . City Secretary Carolyn Jones said that the one sheet was all she received from the Code Enforcement department. Chairman Ha~rjs PEW a Question and Answer sheet needs to always be included. Chairman Ha,ris asked f anyone was present to speak on behalf of the request. Since there was not a representative for the requesfeu var� ance, Chairman Harris closed the pub] ic hearing. CONSIDFR_APPRQVAL_OF_VARIANCE_OF_4_FEET_6 INCHES_ON_THF_SlDE_YARD SET_BACK__�T_=O�__30�_8LOCK__2�-HOLIDAY_ TERRACE_{903_MARDJ_SRAS� Mrs. Neal stated she nod losked at the hcuse and the rp�-duwn carport appears to be siiting r� ght on the prorerty line, t^erefora one of her c'zrcerns regards easement . Mr . Powell repKed there is rc easemer't Mrs. Nea� ` s other concer'� is that since the gara,e is prccticadlv siLting on the property line if the owr/er decides to rpplacv' the ru`,-dowr, fence it would TrsaLe a hardship . Mrs. Nsal said to replace the run-down carport with a now Wrage would be an improvement, but �here is a considerable amount of space between the house and the garage. Mr. powell said the variance requpst for the garage up-grading is in order to mee� the ciny ord�n�nce. Mr . Gooding made a motion to yrant the varzance request to replace a run-down carport with a new garage. Mrs. NOW seconded the motion. Imp motion carried with a1l in favor . ____................._____....................... _________ Art Harris, Chairman Respectfully Submitted' _...............__-------- _________ Debbie Fletcher , Secretary ' ` ' - ^ � ' ^ ' MEMORANDUM ' TO: Members of Board of Adjustments FROM: Roy Faires, Staff Representative RE: Requested Variance DATE: July 20, 1989 Although, as usual , staffs position must be opposed to any variance. In this particular case, I can see SOME- Justification that there would undoubtedly be a hardship created if this variance was not granted and although your staff cannot recommend the granting of a variance it is suggested that the Board consider strongly the difficultly that these applicants would have if the variance was not granted. RF: df APPLICATION TO 1.1 Board of Adjustment and Appeals (Building) ORDINANCE 83-15 III Board of Adjustment and Appeals (Zoning) ORDINANCE 81-5 III Planning and Zoning Commission ORDINANCE 81-5 NAME ,DALE E. RRlc 7-%E ADDRESS ¶ ii L/ love--A5 • LOT (� BLOCK SUBDIVISION TAIL C6,XC_1 . BASIS OF APPLICATION: II Interpretation JSpecial exception for use or development IVariance EjRezoning pl. Exception to Building Code EXPLANATION: � z"C A.c->)-fr. /[ Getz,��y t� ,'l ce/�,-e-r- et °2 44 ✓ 4- ii A62 r! s•{.CG ✓ t�/ � �i JL.C3-st.4 CcQ it G4 I 1 i SIGNITURE of APPLICANT A,() -4a12•2 'Ck- DATE / //r 7/ri Must be accompanied by filing fee of $ /c _.. • . Received: Date: 3 CODE ENFORCEMENT OFFICER TO_Q€ SUBMITTED WITH APPOIOAT1ON A written a pplicati��n 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. 1 • SI : ▪ ry .71 Etfri 711 '71 :77.: • • ealc - . . , _ .7 , t• .,-At2,.•-•:•17 • T. r7 E' 17. - c. E 0 . - . .7 • _ _ - _ • _ . _ . •7.. '- v, :•7:.3.C. I - r n E, -; CT fr •E ec 7 t • • J/ Ths acion.1, ,rilch 7,a2seJ this ccrdit *.in were thf- res- t of r - owinc, there w,Fts ar Or -i;InamE .:hangincl a garsilc,e into livir 7,._.tarters. Hitd I knc- wn Orifi. nanc I wc c hJue .‘ piied for a varian,ie in ) -The v,77(rian .:e 2, ), •!-; ,r;sf s . y . s. LO :ale 2, f4r 0. CITY OF ViTYLIle 108 S.JACKSON ST. — P.O.BOX 428 WYLIE,TEXAS 75098 (214)442-2238 • September 27, 1989 P 127 851 814 Dale Garriotte 804 Douglas Court Wylie, Texas 75098 RE: 304 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 Dep_krtment. 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, got._: are required to build a replacement. We hope you will voluntarily comply with the ordinanc:__c_ referred to, thereby relieving this office of the obligation to seek legal remedies, including, but not limited to fil .nq Misdemeanor Charges in Municipal Court. If you should have any questions regarding this matter , please feel free to give me a call . Sincerely, H. K. Powell Insaper_tor Hi<:.F : df October 19. 1989 City of Wylie , Texas Roy Faires In response to' 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 . �( 41014.447 Dale Garriotte 804 Douglas Wylie , TX i-errnitr Fence ,......_._._________________ !l'f: E 4 Se At tA:t rill —1--- Z./ 0 1. Is F j. I !`r—S;cle(.441k i . 1 1 i -.A-- 2 3'-----•iv,' A . . .... 1 , :.• !3 -T, :44 . 1 .i'"c, I 17- , 1 1 rq : t . 0 ! . 1) x . 1, U1/41 C . f P) 1 i ...r I : -E • rt— z i ! , 1 A 3 31 4"1 . . , . , . ! ! ; i i ! ! --k- _. _--- 1 - to---- IV ----,-. ____ ' \ . ' \ / ' ‘\ .0.)1\Y--..• -/ ,....--/c-t V _------ 50 ----- 81 0 q DOUGLAS . _ 9 A/p✓t*f&r /'/� /gay ,3cod evening Mayor, Mr . Norwood, and council members. COMMENTS: " l -2•. _ d, th 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 lett ,,r appeared to me, as a thr b._,'. take me to court. I don' t like the way this was handled. I don' t thin}: this :s 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. -._y Faires _nly lives 1 street over and 1 /2 block up ;ibert.y. 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 neighbor made complaints about the Lift Station, sewer problems, and Gus stood 23. 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 ti: convert a garage into li ", inp quarters until a recent bill insert . No 1 . I did ''m'= c. s if adding a foundation on your la,-!d knC -. em required a permit . This ', as done ny me when outin,c up my building. No 2. :.^. my :pi -ion some Ordinances are written to please a few the majority. When a man owns his property, 'e s-'c_,_ d have some say as to what can be Cone on it since tis is America and a Socialist Nation. No 3. There are several homes which have been onverten which the resident put time and effort into making ;,rem meat and not degrading tcaa neighbor hood. This was also my intent . C) New residents do not know Ordinances or rues which have been set Up by City Councils. Actually many residents whc have been here f_:r several years don' t know them. No 1 . Mane information available at a reasonable cost. don' t want to pai, . 0. c:: for a 1 inch booklet but I would probably pay 2 or O dollars for a floppy disk: with the same infornaticn. No 2. Add a pace or two in your Quarterly bulletin with some helpful _ r, , _rnation to the normal citizen. Me being_ here is a waste _ . die. If, I had known -egulation existed then I could have used other alternatives. No 3. When citizens, like me, ma4::e a mistake, ( the term used is " ignor=,,ce of the law" ) some solution should be available in which both parties can de reasonably satisfied. D: I did see1: l =nnal advice and was told to go through the Local City :hain of ,_cmmand " be Tore escalating anything higher . My r1c.Je is to work out a solution and -esolve my prc.biem. No 1 . Th.?. new _rdi -once states a minimum size for a external gar ace. My lot size coe=.n' I :'ave rc,o_om for this unless it is s'.::me hodge podge. No _ I was red ;, c _ :d there is a " Zoning Board of Adjustments" buttat no one has ever been granted an exception on a ga - _e _ :nversion. This negative _ - rr_espondence ne didn' t c,i :e me much hope : f plead: , c my ) E) _ move th ..a - eview his Jriira :e and ^ake modifications 'J _r'' allow a home owner , now and in the future, to ivrkk:e r _asona.bi e adjustments to the oroperty _ c,ey own . also respectfully request review my :ompi ai nt = : i :w me to keep my home in the sarr,e physical 1 _;yc . , 1/61/ ,40A11:t1;6. -.= cectfully