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11-10-1988 (Zoning Board of Adjustment) Agenda Packet • AGENDA ZONING BOLD OF ADJUSTMENTS MEETING CITY OF WYLIE THURSDAY, NOVEMBER 10, 1988 7:00 P.M. COLIC I L CHAMBERS MLNN I C I PAL COMPLEX p� 2000 HIGHWAY 78 NORTH I� CALL TO ORDER ORDER OF PAGE BUSINESS REFERENCE BUSINESS 1 1-2 Consider approval of minutes for September 13, 1988 2 3-7 Consider approval of request for a variance of 30 ' overall height for a pole sign for McDonalds Corporation (located at 415 S. Highway 78) 3 Oral General Discussion 4 Adjourn • p)r •4-9-" )\° 11� October 20 , 1988 PUBLIC HEARING The City of Wylie has under consideration a request for a variance from Mr. Ruben Flores, McDonald's Corp. for Lot 2A , Block of Abstract 820-Shelby Addition. VARIANCE FOR : Sign Height - the overall sign height is 50' The Zoning Board of Adjustments of the City of Wylie will hold a public hearing on Thursday, Nov. 10, 1988 , at 7 :00 P . M. in the Council Chambers in the Municipal Complex at 2000 Hwy. 78 North for the purpose of considering this zoning request . As an interested property owner you are invited to attend this public hearing and express your views with respect to this matter . Carolyn Jones , City Secretary In order to be on record this form may be filled out and mailed to the City of Wylie, P. 0. Box 428 , Wylie, Texas 75098 . NAME ADDRESS PHONE NO. ( ) In favor of granting variance ( ) In opposition of granting variance Reason: See map on attached page October 20 , 1988 PUBLIC HEARING The City of Wylie has under consideration a request for a variance from Mr. Ruben Flores, McDonald's Corp. for Lot 2A , Block of Abstract 820-Shelby Addition. VARIANCE FOR : Sign Height - the overall sign height is 50' The Zoning Board of Adjustments of the City of Wylie will hold a public hearing on Thursday, Nov. 10, 1988 , at 7 :00 P. M. in the Council Chambers in the Municipal Complex at 2000 Hwy. 78 North for the purpose of considering this zoning request . As an interested property owner you are invited to attend this public hearing and express your views with respect to this matter . Carolyn Jones, City Secretary In order to be on record this form may be filled out and mailed to the City of Wylie, P. 0. Box 428 , Wylie, Texas 75098 . NAME ADDRESS PHONE NO. ( ) In favor of granting variance ( ) In opposition of granting variance Reason: See map on attached page ZONING BOARD OF ADJUSTMENT MINUTES THURSDAY - SEPTEMBER 15, 1988 MUNICIPAL COMPLEX 2001 HIGHWAY 78 WYLIE, TEXAS 7:00 P.M. The Zoning Board of Adjustment met in regular session on Thursday, September 15, 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 , Cleo Adams, Jerry Gooding and Gerald Clark. Staff members present were Code Enforcement Officer Roy Faires, Secretary Robin Belz , City Secretary Carolyn Jones . Mike Miller and Paul Gaddy were absent . Chairman Art Harris called the meeting to order . ADMINISTERED OATH OF OFFICE: City Secretary Carolyn Jones administered oath of office to Board Members: Sue Ellen Neal and Jerry Gooding . ELECT CHAIRMAN: Mr . Adams made a motion to nominate Mr . Harris for Chairman. Seconded by Ms. Neal . The motion carried with all in favor . ELECT VICE-CHAIRMAN: Mr . Harris made a motion to elect Cleo Adams for Vice- Chairman . Seconded by Gerald Clark. The motion carried with all in favor. APPROVAL OF MINUTES: The minutes submitted for approval were for the July 28 , 1988 meeting. Mr . Harris said there was one correction to be made on the first page, last paragraph seconded line, insert the word no. Mr . Harris asked if there were anymore corrections to be made. There were none. Mr. Harris made a motion to accept the minutes as corrected . Seconded by Mr . Clark. The motion carried with all in favor . t F CONDUCT PUBLIC HEARING FOR REQUEST FOR VARIANCE ON LOTS 142 BLOCK 32 RAILROAD ADDITION TO USE AN EXISTING BUILDING FOR RETAIL PURPOSES: Mr . Harris opened public hearing . Mr . & Mrs . Sachse were present and spoke in behalf of the request . Mr . Sachse stated that he was not asking for anything new just something that has been before. He said he did not realize that he only had so much time before he lost his grandfather clause on the property. He stated that there has been many businesses there before. He said the last tenant that rented the building had messed it up and they were hesitant on renting out once again , and that they wanted to find someone descent that would take care of the building . They had intentions of leasing the property to a locksmith. Mrs . Sachse stated that if this variance was not granted that the property would be totally useless at this time. After some discussion Mr . Harris closed the public hearing. CONSIDER APPROVAL OF REQUEST FOR VARIANCE ON LOTS 1&2 BLOCK 32 RAILROAD ADDITION TO USE AN EXISTING BUILDING FOR RETAIL PURPOSES: Sue Ellen Neal made a motion to accept the variance request for retail only for the existing building , with the restriction that only for the duration of the time Mr . & Mrs . Sachse own the lot and the building . Seconded by Mr . Adams. The motion passed with all in favor . CONDUCT PUBLIC HEARING FOR REQUEST FOR VARIANCE OF 2 FOOT FROM THE FRONT BUILDING LINE ON LOT 11 BLOCK 15 NEWPORT HARBOR ADDITION: Mr . Harris opened the public hearing . The staff stated the reasons for the variance and read over Mr . Cooks application to the Board. Mr . Cook was there in behalf of the request . He stated that he did not feel that the set back was a big problem. He felt what would be more of a problem was if the home did not line up with the other homes. He stated that the home he wanted to put on the lot was a larger home than what the set back requirements would let him put there, and that is why he is asking for a variance. After some discussion Mr . Harris closed the public hearing . CONSIDER REQUEST FOR VARIANCE OF 2 FOOT PROM THE FRONT BUILDING LINE ON LOT 11 BLOCK 15 NEWPORT HARBOR ADDITION: Mr . Gooding made a motion to approve the two foot variance as indicated . Seconded by Sue Ellen Neal . The motion passed with all in favor . There being no other business a motion was made to adjourn with all in favor . Art Harris , Chairman Respectfully Submitted Robin Belz, Secretary • • 4.02)11 • APPLICATION TO n Board of Adjustment and Appeals (Building) ORDINANCE 83-15 IA I Board of Adjustment and Appeals (Zoning) ORDINANCE 81-5 i Planning and Zoning Commission ORDINANCE 81-5 ' NAME McDonald's Corporation - ADDRESS 415 So. Hwy. 78 LOT 2A BLOCK SUBDIVISION Moussa-Switzer addition Vol. G Page 414 BASIS OF APPLICATION: Interpretation Special exception for use or development x . Variance f 1 Rezoning I ` Exception to Building Code • EXPLANATION: We are requesting a variance allowing us to have a 50' overall height sign. We feel this height is necessary for visibility in our location. ti SIGNITURE of APPLICANT A G 070i '(ci5 DATE cx_/C bpi' /7,1`19 v Must be accompanied by filing fee of $ /00 • Received: Date: / O— /1 — ge CODE ENF,, CEMENT nFF!rcr TO9c_SyQM;TTED WITH apPt.ICATION A .mitten ol scat 1•�n for variance shall be submitted together with a fee, accompanied by an accurate legal description, reaps, 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) Please See Attached b. That literal interpretation ;�f the provisions ..f this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same distric- under the terms of the ordinance. (LIST :GH-HTS BEING DEPRIVED) Please See Attached c. That the special conditions and circumstances do not result from the actions of the applicant. (SHOW WHO' S ACTIONS CAUSED THE CONDITION) Please See Attached 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) Please See Attached 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. No answer required f. Financial hardship shall not to considered grounds for the issuance of a variance. No answer required rt.. VAT\ McDonald's Corporation 511 East Carpenter Freeway Suite 375 McDonald's Irving, Texas 75062 214/869-1888 October 17, 1988 Roy Faires Code Enforcement Dept. City of Wylie 2001 Hwy. 78 N. P.O. Box 428 Wylie, TX 75098 Dear Mr. Faires: Enclosed you will find the application for variance concerning the sign height for our new restaurant. Please let me know if you have any questions concerning this request. I look forward to hearing from you soon. Thank you in advance for your consideration. Sincerely, 4)[150.0, Gloria Haynie Construction Engineer tc/ pc: Ruben Flores McDonald's Corporation 511 East Carpenter Freeway Suite 375 McDonalds Irving, Texas 75062 214/869-1888 TO BE SUBMITTED WITH APPLICATION A. The location of our site in between existing businesses results in the blocking of our sign, if it is not at least 50 feet tall. The Taco Delight sign blocks it from the North. It is important that our sign be visible to drivers heading North on 78 before they make the left turn on to 544. Our sign, if at 35' is obstructed by the Scoops sign, power poles, trees, and the Dairy Queen sign. B. Literal Interpretation of the provisions of the sign ordinance will deprive McDonald's of the visibility enjoyed by other businesses with existing signs. The existing signs block the McDonald's sign. C. The special conditions and circumstances are caused by the existing signs and are not a result of actions by McDonald's. D. The granting of the requested variance will give McDonald's the same visibility of signage as the neighboring business. /03 PZ 7 ,, A •,• ie • r F Y° ,r CALL r �k G • 1� . `. '. -I,• 4, )}`fir' JTMJ •1 • •• , ir. . ...Nh• •• L 1 '( ice}}: rit • rg V,-T' ',^°•'' II 1 �� e• ` ., a, I SCHOOL BARN s Q I R Q 6 5 4 3 2 Q t . a ,4.� WILLIAMS STREET AGO y bets: / `ct / N. 1/2 4 / 4S �/ �� 0 X �,po+� s' 1,2 7 16 8 oQib d�'°l W. KIRBY 37 1 1 2 ' 1'34 2 ! 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