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
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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 .
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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
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4.02)11
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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
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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.
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