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07-28-1988 (Zoning Board of Adjustment) Agenda Packet DATE POSTED 7-22-88 TIME POSTED 6:00 P.M. 10) AGENDA ZONING BOARD OF ADJUSTMENTS MEETING CITY OF WYLIE, TEXAS THURSDAY, JULY 28, 1988 gyp} 7 :00 P.M. COUNCIL CHAMBERS MUNICIPAL COMPLEX . 2000 HIGHWAY 78 NORTH / cam- )(91"q CALL TO ORDER :i")' ORDER OF PAGE r � tty- BUSTSS REFERENCE BUSINESS JJ Oral Oath of office to new members and re-appointed members ` 1 - 2 Consider approval of minutes for September 10 , 1987 meeting 3- 5 Conduct Public Hearing on the request for Special Exception for a Mobile Home to be placed on 35 .8 Acres out of the Francisco De La Pina Survey , Abstract 688 (located on East Brown on Bill Kreymer ' s property) \,07 Consider approval of Special Exception for a Mobile HOme to be placed on 35 .8 acres out of the Francisco De La Pina Survey, Abstract 688 (located on East Brown St. ) 6 - 8 Conduct Public Hearing on the request for Variance of seven (7 ) feet off back set back of ten (10) feet for the Texaco Station (located on Highway / 78) Consider approval of variance of seven (7 ) feet off back set back of ten (10) feet for the Texaco Station ( located on Highway 78) 7 Adjourn ZONING BOARD OF ADJUSTMENTS MINUTES FRIDAY - SEPTEMBER 10, 1987 COMMUNITY ROOM 7:00 P. M. 800 THOMAS STREET The Zoning Board of Adjustments met in regular session on Thursday, September 10, 1987, in the Community Room at 800 Thomas Street at 7:00 p. m. 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, N. C. Jefferies, Cleo Adams and James Griffin. Those absent were Paul Gaddy, Robb Tanella and Vice-Chairman Gary Ludwig. Representing the City Staff was Code Enforcement Officer, Roy Faires; City Secretary, Carolyn Jones; and Secretary, Karen Blythe. ITEM NO. 1 - ADMINISTER OATH OF OFFICE: City Secretary Carolyn Jones administered the oath of office to James Griffin. Chairman Art Harris welcomed the new member to the board. ITEM NO. 2 - APPROVAL OF MINUTES: The minutes submitted for approval were for the May 28, 1987, meeting. Chairman Art Harris went over the corrections that were to have been made. Carolyn Jones stated that all corrections would be made. Cleo Adams felt this to be true. The motion to approve the minutes was made by Cleo Adams. Seconded by James Griffin. This motion passed with all in favor. art Harris asked the board members to look over the minutes of July 17, 1987, for approval. Cleo Adams made the motion to approve the minutes. The motion was seconded and passed with all in favor. ITEM NO. 3 - PUBLIC HEARING ON THE REQUEST FOR A VARIANCE ON THE SETBACK REQUIREMENTS FOR FRONT AND REAR SETBACKS FOR LOTS SA & SBL BLOCK I AND LOTS 12A & 12BL BLOCK H WYNDHAM ESTATES: Roy Faires addressed the board, " I must go on record once again saying, that I am against the granting of any variance. " Mr. Faires brought up the fact that the wording in the packet was somewhat wrong. Mr. Cook is requesting a ten foot building line in the front and a twenty foot building line in the rear. He is not requesting a ten foot setback in the front and a twenty foot setback in the rear as recorded in the packet. Mr. Faires went on to explain how the wide curvature of the lots cuts down on the constructable area of the lots. Mr. Faires brought up the point that he and Mr. Cook have another problem which they would have to discuss at another time. Mr. Faires stated that with the configuration of the lots he could see how the board would feel justified in allowing this variance. Carolyn Jones stated for the record that one letter had been sent out concerning this issue and it was in favor of granting variance. Mr. Cook of Myran Corporation said when they had come before P&Z and the Council the project was brought through as a PUD and at that time they did not have a builder. They now have a contract with Mr. Ringer of Stellar Homes. Mr. Cook said Mr. Ringer' s smallest two house plans are too large to fit on these lots which is why this variance has been requested. Mr. Cook noted that Mr. Faires had said if they are granted this variance the houses should line up as much as possible with the ones that are already there. Chairman Art Harris asked what size houses these were to be. Mr. Ringer of Stellar Homes said their smallest was about 1150 square feet and their largest was about 1750 square feet. Art Harris asked if two of the homes would be single stories and two of the homes two stories. Mr. Ringer stated he believed so. The size of the houses were discussed a little further by Mr. Ringer and the board. Jefferies asked Roy Faires exactly what they were referring to in conjunction with the plat. Mr. Faires stated they were only talking about a proposed ten foot front building line and a twenty foot rear building line around the cul-de-sac as not to offend the people across the alley. James Griffin addressed Chairman Art Harris to the fact that there may be a problem with the people backing out of their driveways. Mr. Faires said they are not anticipating any problems with this matter at this time. Chairman Art Harris asked if there were any more questions on the public hearing. There were none, therefore Mr. Harris announced the public hearing closed. ITEM NO. 4 CONSIDER APPROVAL OF VARIANCE: Chairman Art Harris asked to consider approval on variance of the set back requirements. Mr. Jefferies motioned to grant variance for the ten foot set back of the front building line around the cul-de-sac and a twenty foot set back of the rear building line. Chairman Art Harris confirmed Mr. Jefferies motion. Motion was seconded by James Griffin. This motion passed with all in favor. ITEM NO. 5 - ADJOURN - N. C. Jefferies made a motion to adjourn the September 10, 1987, meeting of the Zoning Board of Adjustments. Cleo Adams seconded the motion. This motion carried with all in favor. Chairman, Art Harris Respectfully Submitted: Secretary, Karen Blythe APPLICATION TO t l Board of Adjustment and Appeals (Building) ORDINANCE 83-15 In Board of Adjustment and Appeals (Zoning) ORDINANCE 81-5 Planning and Zoning Commission ORDINANCE 81-5 ' NAME BILL KREYMER . - ADDRESS 113 E . Brown St . , Wylie , Tx 75098 LOT BLOCK , SUBDIVISION 35 . 8 Acres , Francisco , Dela Pina Survey , Abstract #688 Old Highway 78 , Wylie , Tx . • BASIS OF APPLICATION: • Interpretation �xx j Special exception for use or development fl Variance jvi Rezoning I Exception to Building Code ' EXPLANATION: For several years we have had one mob-lie home on this property at a very low rent in exchange for someone to be on the oyoperty as a security measure , and to- look after the cattle . The trailer has been removed. and we would like to replace it with a 1982 14 ' X 70 ' Redman that we .own . We are not asking for something addi- tional , or new, but just to maintain a status quo situation . -SIGNITURE of APPLICANT DA 215 !88 Must be accompanied by filing fee. of $ J> J • Received: •d.4511r� Date: gay' et.. ok„.. :— CODE ENFOR EMENT OFFICER TQ RE 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 : Please see attached location map . 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) This is a 35.8 acre tract of undeveloped land that does not have any houses on it. Only a barn and some cattle. 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) Not being deprived of any rights, but would deprive the owner of on-site security of the premises. c. That the special conditions and circumstances do not result from the actions of the applicant. (SHOW WHO' S ACTIONS CAUSED THE CONDITION) No one did anything to cause any special conditions or circumstances. 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) There are not any other property owners in this area that have a tract of land similar to this that is undeveloped, and used as pasture for cattle. So by granting this application no one else will be denied any priviledges. 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. We would simply like to maintain a status-quo situation on the property. f. Financial hardship shall not be considered grounds for the issuance of a variance. ti r v ;..-• ; ,. •••:‘,..1')`1 , „ tit ' Ill '1))!V\ b 1-:.4 , 1•-••,4 ih, : : 'it' 1 _44 ...,, ,,,,. .._ \. • �y = lif ea i` r rIr • 'JIr l r a 14 il - _ --, ANi. 4* •, \ 1 1 r!rrils i: ".-1111 •-. Of i r---1 - �,,,, \ 1, Ewm. !!: ` ,, 1 ` 1 " -�y.is.y• �M di `yr4�." ,`. ,:' - •a.\+. }S to E.7 !� \__ Y / ,,la, . • rmpirmum p,, . . ,,-„t, . , - . " . ?,i '' I:11'))$.' ' . 1- % ill11111116111DI '\ Ai-- ....__ , IP@ ••V�'1 +1 `'�+` +iA' i �`i , 1 1 4N ,',,i,,�!A1f� ry , r`N ;trY , ` ` ' .,4 " * \� A �../Tip Mfr ,1 , • 't. 1 , " i '''i ,.;i '1. . ,:,r.AC . 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I ,"i%,� r ., 1,. v�),'..i k,T �A�'S1d.1�. ! •r `i 111141j1111. • s i irT ~ iti. { I { .i ti � • l r i. APPLICATION TO 0 Board of Adjustment and Appeals (Building) ORDINANCE 83-15 Xr Board of Adjustment and Appeals (Zoning) ORDINANCE 81-5 71 Planning and Zoning Commission ORDINANCE 81-5 NAME O-2tJ 1� Ld ADDRESS /M E. / ,t om LOT BLOCK , SUBDIVISION J.!Lq ! CLto e. • BASIS OF APPLICATION: [ J Interpretation 1 Special exception for use or development Variance Rezoning 110140-72` 'B 1- Exception to Building Code EXPLANATION: 4C2J --/fj• a • / 4-11-1 tilAiel juOzAnk"0" 7eCi. by ' 1 SIGNITURE of APPLICAN 41'1 DATE Must be accompanied by filing fee of $ O•12Piteettl-4711--• 4-oy e„ U • Received: - Date: te - /,3' ee i • °r1KA " CODE ENFORCEMENT OFFICER N LEGAL DESCRIPTION All that certain lot, tract or parcel of land situated in the City . of Wylie, Collin County, Texas, and being a part of the S.H. Shelby Survey, Abstract No. 820 , and being part of a 0.690 acre tract of land as described in a deed recorded in Vol. 2532, Page 500, Collin County Deed Records, and being more particularly described ae follows : BEGINNING at an iron rod found for corner at the Northeast corner of the above cited 0 . 690 acre tract of land; THENCE S. 04 deg. 28 min. 22 sec. W. a distance of 58 . 00 feet to an iron rod set for corner; THENCE N. 38 deg. 44 min. 49 sec. W. a distance of 76.00 feet to an iron rod set for corner; THENCE S. 88 deg. 20 min. 40 sec. E. a distance of 52. 11 feet to the . POINT OF BEGINNING and containing 0. 0346 acres of land. . ACM . sow S 88°20'40"E 52.1e \ - if. I , Bobby W. Stovall, Registered Public Surveyor, State of Texas, do certify that the above is made from measu'renients performed upon the! --4 :: ground and is a true and correct survey to the best of my knowledge i, and belief . � 0.0346 ACRES o v. o v pi k 0 II-7- 7/7 / c -- . _,. /_,.../Ce.„. ..-,-,-;_---- . . ___ _ t,__ .„.,._ e'• Bobby W. Stovall 9,, N R.P. S. No. 3703 O b Date :\)( April 20 , 1988 " `I ��� Scale . 1" = 20 ' t. y, 4{ r I)i S f .1 `�r)' I sin STOVALL & ASSOCIATES, INC. VI',37113 ,1Z , , LAND SURVEYING & ENGINEERING ��c s 02' 2616 STONEWALL ST. GREENVILLE, TIMM 75401 214-455-0202 • °N.'4‘ . ' , z 5tgo<7,1‘ . . s 1 p/ IM\ , / c c5 RS INC. Z , F 'oo \ '`b- ♦� rQ ,A t SCHOOL E 6 5 4 , �Q K ''° i. j '. WILLIAMS S /\ : ' �a e a n c{J / HARTMAN SCHOOL 10 KIRBY - - _.� STREET s