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03-03-1989 (Zoning Board of Adjustment) Agenda Packet • E MED l-l4-M TIM 3:N P.BL AGENDA ZONING mama OF ADJUSTMENTS MEETING CITY OF WYLIE FRIDAY MARCH 3, 1909 7s00 P.M. COUNCIL CHAMBERS MUNICIPAL COMPLEX 2000 HIGHWAY 78 NORTH CALL TO ORDER ORDER OF PAGE BUSINESS REFERENCE BUSINESS 1 1-4 Consider approval of minutes for November 10th & 21st, 1988 meetings. 2 5-7 Consider approval of request for variance on set back requirements for Lot 2 Block 15, Newport Harbor. In accordance with Subdivision Regulations, a 2 car garage should be added as the existing garage was converted into an office/den. The addition of the new garage will encroach into the required set back line. Buyer of home wants to leave conversion and add a two car garage to meet the subdivision ordinance because 04 existing home layout. (Located at 1524 Schooner Bay Drive, adjacent to FM 1378) . 3 Oral General Discussion 4 Adjourn • ZONING BOARD OF ADJUSTMENTS MEETING MINUTES NOVEMBER 18, 1988 The Zoning Board of Adjustments met in regular session on Thursday, November 10, 1988, 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, Gerald Clark and Mike Miller. Staff members present were Code Enforcement Officer Roy Faires , and Secretary Candi White. Cleo Adams and Paul Gaddy were absent . Chairman Art Harris called the meeting to order . CONSIDER APPROVAL OF MINUTES FOR SEPTEMBER 15, 1988 . There being no corrections to the minutes, a motion was made by Mr . Gooding to approve the minutes as submitted. The motion was seconded by Mr . Clark. The motion carried with all in favor . CONSIDER APPROVAL OF REQUEST FOR A VARIANCE OF 50 ' OVERALL HEIGHT FOR A POLE SIGN FOR MCDONALDS CORPORATION (LOCATED AT 415 S. HIGHWAY 78) . Don Shipp with Dallas Corporation , told the board he was requesting a variance to erect a McDonald ' s sign at 50 feet . He explained that a sign survey was done, by hoisting a piece of plywood at various heights , to determine at what height the sign would be most visible. Mr . Shipp said that trees and brush blocked visibility of the sign at 35 feet , and the Dairy Queen, the convenience store sign, and a power pole blocked visibility at 40 feet . He continued , saying that the McDonald' s sign had the most visibility at 50 feet , which was most important because 70% of their business was impulse buying, where people see the sign and turn in. Mr. Shipp also expressed his concern about traffic hazards on Hwy 78, due to the fact that the sign would not been seen at a long distance, preventing motorists to prepare for the turn into the driveway. Chairman Harris was concerned that the survey may not have been a true picture, as the piece of plywood was only 4 X 8 and the sign itself was 10 X 20 . Mr . Shipp explained that the size was not relative, as the top of the plywood was at the same height that the top of the sign would be. Mr . Shipp also said that at one time McDonald' s had been issued a sign permit for an 80 ' sign. Roy Faires, Code Enforcement Officer , agreed that it had been issued by mistake, but the permit had died of old age. • Ms. Neal felt that the other restaurants in the area were competing with their signs at 35' , and that raising the McDonald' s sign to 50' could be overwhelming to other signs in the vicinity. Mr . Miller said that if no other signs in the area were already obstructed, it wouldn' t be fair if McDonald' s was obstructed . He stated that there could also be the possibility of the McDonald' s sign obstructing another sign at 35 ' . Mr . Miller also felt that there wasn' t much opposition to the variance, as four letters were sent to neighboring property owners and only one was mailed back in opposition. Mr . Harris asked the board if they would be willing to compromise on the variance, if McDonald' s would agree. Mr . Shipp, with McDonald' s , said they would compromise with 45 ' , as the arches could be seen at that height , but the Dairy Queen sign would still block the wording . Mr . Rueben Flores , owner of the McDonald' s in Wylie, reiterated that their sign would be blocked , and that he was only asking for the same visibility the other restaurants had . Mr . Harris asked the board to compromise and approve a variance of 43 ' . Mr . Shipp, with McDonald' s , said they would agree to that height . Mr . Gooding made a motion to approve the variance of 43 ' overall height for a pole sign for McDonald' s Corporation located at 415 S. Highway 78 . The motion was seconded by Mr . Miller. The motion carried with all in favor . There being no other business , a motion was made to adjourn with all in favor . Art Harris, Chairman Respectfully Submitted, Candi White, Secretary ZONING BOARD or ADJUSTMENTS MEETING MINUTES NOVEMBER 21, 1988 The Zoning Board of Adjustments met in regular session on Monday, November 21 , 1988 , 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, Gerald Clark, Cleo Adams, and Mike Miller. Staff members present were Code Enforcement Officer Roy Faires , and Secretaries Candi White and Francis Varnell . G.W. Gooding , Sue Ellen Neal , and Paul Gaddy were absent . Chairman Art Harris called the meeting to order . CONSIDER APPROVAL OF REQUEST FOR 8 FOOT VARIANCE OFF REAR SET BACK FOR ONE CORNER OF BUILDING AND 5 FOOT OF FRONT SET BACK FOR THE FULL LENGTH OF THE BUILDING (30 FT. ) LOCATED ON HWY. 78 CORNER OF CALLOWAY (NEXT TO CHAMPMANS) . Code Enforcement Officer , Roy Faires, explained to the board that this was a rather unusual case, and looked almost impossible to build the type building on this piece of property that was needed for a quick lube business. Mr . Faires said that the property had to be rezoned , so staff went before the council with a rezoning application for B-1, at which time other alternatives were also discussed . He said one alternative was a planned unit development , but the city attorney said that the city was not supposed to issue variances on the amount of land necessary for a planned unit development . Mr . Faires explained that the Council decided to zone it B-1 with direction for Mr. Mishler to go to the Zoning Board of Adjustments for the set backs . Mr . Faires also said that the variance on the side of Calloway St . was for a small triangular corner of the building and the variance on the front was for the full length of the building , due to the dedication of 18 feet off the front for the widening of Hwy 78 . Mr. Faires said that city staff must be opposed to the variances for legal reasons , but that it was council ' s desire to handle it in this manner . Mr . Mike Mishler, 309 Highland Rd. , Rockwall , Texas approached the Board and told them that when he first discussed the dedication on Hwy 78 , he tried to draw the building on the property in several ways to make it fit on the property and still serve his needs. He explained that he needed room for cars to line up and wait , as well as room for cars to pull out the back of the building onto Calloway St . Mr . Mishler said that before the dedication, he would have only asked for a two foot set back in the back only. He said that his building would have two bays in the back, and a waiting room and office on the front. Mr . Clark asked if the right-of-way on Calloway was 70 ft. Mr . Faires explained that with the dedication, the right-of- way would be 50 ft . , and that was all that would ever be needed . Mr . Adams asked if the five feet off the front would line Mr . Mishler' s building up with Chapman' s Retaurant . Mr . Mishler said that it would , and that it might even be a little behind Chapman' s . Mr . Clark made a motion to grant the variances . The motion was seconded by Mr. Adams. The motion carried with all in favor . GENERAL DISCUSSION . Mr . Miller asked staff why there was another waiver of fees for the application for variance on this property. Mr . Faires explained that he was out of town when the application was made, and therefore , couldn' t answer the question. There being no other business , a motion was made to adjourn with all in favor . Art Harris, Chairman Respectfully Submitted, Candi White, Secretary s - APPLICATION TO (2/Board of Adjustment and Appeals (Building) ORDINANCE $3-15 O Board of Adjustment and Appeals (Zoning) ORDINANCE 81-5 111 Planning and Zoning Commission ORDINANCE 81-5 ' - NAME A/E2 ft Cr 40.14 S ADDRESS Aft 3WP 7 /C . ra 64'0 dAt.45 ?1z( LOT 2— BLOCK ,fS SUBDIVISION /1/a r /7I�jQ 3r - BASIS OF APPLICATION: rI Interpretation Speci 1 exception for use or development ariance Rezoning t I Exception to Building Code EXPLANATION:�/ A+ic A45 66f 1 godE /Z___ c� / 13(iy ar Age tdort/ 6.4uexsAy.1 4v, %o /`-0 CA& ( E 2 Warr SJ /cJilfa,\ OCPOsti. aZ•iiSE OF 6e57 / & 616G¢Q - CJic.C.. iiftt Lik SIGNITURE of APPLICANT L DATE 0/F3Q Must be accompanied by filing fee of $ tgV J . Received: j -l0 - Date: 9 / / 1AJ /' '' COOS ENFORCEMENT OFFICER I4_ — ITI _wI APPLICATIQH 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) 4fric 'rtp A gof c, 662,476. eank, .r D ayTc c. f y t Gt,!,M5 7.; k i G e.44e ;-n5,0-/A Z h' C 41441 S-&belt Smwor-airc. 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) iwt ,n� Cfie C c. That the special conditions and circumstances do not result from the actions of the applicant. (SHOW WHO' S ACTIONS CAUSED THE CONDITION) ?yet Wish,s 70 R.trA /4.44 Alin/ po oppe - ,w-�.►,„y 0200711CerS A 6101c /V o, fe Csrisnuara 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) £ ACS /I;a 7 a 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. i16 7if,G,t /410 /,105 Lxsrs -rk I;s 7%� Sr2E ,qp 17 6 6 6.31m -fi r 6F Yer6fu._ L o9 kit/. . ,e, XL t &' ar ' ' I 'Vhd ---4014*1-21VH �'zjc� 11 a N 01 NV-1c Lc21d „ u ,kv1�t OOH 7' -177 1 I I t— o�o, I rE O - a 2 HactI`33s! bNIla tXa 3 0 .— 1 j P , r,IldP c2 11rvMd 1 ,a 1. ,� I • *Aids.4:7 SIP "2""ei>14: = 0 i JrTw AA i••