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09-08-1997 (Zoning Board of Adjustment) Agenda Packet _... - • Zoning oar of Ad • us men, , , , , , , , , , . •, 1 t-' i i i i . ;I 1 Crfy of=Wylie Regular Business Meeting 8 ,. , September 1997 1 AGENDA ZONING BOARD OF ADJUSTMENTS WYLIE MUNICIPAL COMPLEX September 8, 1997 7:30 p.m. CALL TO ORDER ELECT OFFICERS ACTION ITEMS 1. Consider approval of the Minutes of the March 10, 1997 Regular Business Meeting. 2. Consider an appeal from Metroplex Multifoods, Inc. from the City of Wylie's Zoning Ordinance which requires that an application or request for a variance will not be heard or granted to any parcel of property or portion of said property until a Concept Plan, detailed Site Plan, Preliminary Plat, or Final Plat has been finally acted upon by both the Planning and Zoning Commission and the City Council. PUBLIC HEARING 1. Hold a Public Hearing to consider an appeal from Metroplex Multifoods, Inc. for a variance from the City of Wylie Zoning Ordinance "Sign Regulations" which requires a 20-foot maximum height for a general business pole sign. 2. Hold a Public Hearing to consider an appeal from Metroplex Multifoods, Inc. for a variance from the City of Wylie Zoning Ordinance"Sign Regulations" which require a maximum allowed area of 60 square feet for a general business pole sign. ADJOURNMENT Posted September 5, 1997 aLa 5:00 p.m. THE WYLIE MUNICIPAL COMPLEX IS WHEELCHAIR ACCESSIBLE. SIGN INTERPRETATION OR OTHER SPECIAL ASSISTANCE FOR DISABLED ATTENDEES MUST BE REQUESTED 48 HOURS IN ADVANCE BY CONTACTING THE CITY SECRETARY'S OFFICE AT 442-8100 OR TDD AT 442-8170. ,4, v Zoning Board of Adjustments #1 Action Item Re: Approval of the Minutes from the March 10, 1997, Called Business Meeting September 8, 1997 Consider approval of the Minutes from the March 10, 1997 Called Business Meeting. Note any changes or additions which need to be made. Minutes of the Zoning Board of Adjustments The Zoning Board of Adjustments met in a Called Business Meeting on March 10, 1997 at 7:00 p.m. in the Council Chambers of the Wylie Municipal Complex, located at 2000 Highway 78 North,Wylie,Texas 75098. A quorum was present and a notice was posted in the time and manner required by law. COMMISSION MEMBERS PRESENT: Chairman Gerald Clark,Ray Capley,Emily Hartwig,Marilyn Herrera and Mark Clark(new member). ABSENT: None STAFF MEMBERS PRESENT: Kelley Shaw-Planner,Mike Phillips - Building Official and Rebecca Rogers- Secretary. ACTION ITEMS ITEM NO. 1: Consider approval of the Minutes of the November 11, 1996 Called Business Meeting. A motion was made by Marilyn Herrera,seconded by Emily Hartwig to accept the minutes as presented. Motion carried,all in favor(5). PUBLIC HEARING ITEM NO. 1: Consider an appeal from William S. Orban/Barbara A. Clement for a variance(s)from the Zoning Ordinance,Accessory Building regulations which require a maximum square footage of 600 sq. ft. for any accessory building and a minimum of 5 feet separation between the accessory building and the main building. The applicant(s)are requesting to be allowed to have a 1,680 sq. ft. Accessory building and less than 5 feet separation between the accessory building and the main building. This property is located at 2815 W.FM 544. Chairman Clark opened the Public Hearing. William Orban,2815 W.FM 544,Wylie,Texas was present to speak on his behalf. Mr. Orban explained that the State would be taking approximately 'A of his front yard and the City of Wylie would possibly be taking an additional 15 feet of the remaining from yard for utility easements. He currently manufactures and sell yard art from his property and has a small storage shed which he has outgrown. Mr. Orban's intent is to tear down the old storage building(15 x 25)and build a bigger one (1,680 sqft)to accommodate his equipment,personal vehicles(4)and merchandise. He no longer be able to park his vehicles in his front drive due to the widening of FM 544. Mr. Orban is planning on having parking on the rear of the property and new building will be to the left to facilitate the use of his property. The new building will meet all building requirements. There is 33 feet from the house to the side property line,the building is 28 feet wide and would be placed 5 feet from the property line and connected to the house. Questions were raised regarding the difference in size from the present storage building to the proposed building, possible location of new building to the rear of the property instead of the side, and placement of the building on the property line with the 5 ft.requirement being met between the buildings. Mr. Orban stated that he wants to utilize as much of the property as possible and doesn't want to have the space between the buildings where people could walk through, he wanted a more uniform look. He intends to put the driveway on the east side and having parking in the rear and doesn't feel that parking on the side with the building on the rear of the property would be attractive nor would it be safe for the customers coming from 544 due to the shortness of the drive, etc. Mr. Shaw interjected that Mr. Orban's new building would be required to meet all fire and safety requirements, along with all building codes. Side yard 1 setback in B-2 zoning can be built to the property line.No notifications were returned. A motion to grant the variance for the 5 foot separation was made by Marilyn Herrera, seconded by Emily Hartwig. Motion denied, 3 in favor(Marilyn Herrera, Emily Hartwig, Gerald Clark),2 opposed(Mark Clark and Ray Capley). A motion to grant a variance from the 600 sqft maximum for an accessory building and allowing for a 1,680 sqft building was made by Mark Clark,seconded by Ray Capley. Motion carried, all in favor(5). ITEM NO. 2: Consider an appeal from David and Jan Morgan for a variance from the Zoning Ordinance,Two Family Residential regulations which require a minimum lot width of 80 feet. The applicant(s)are requesting to be allowed to build a duplex on a corner lot where the lot width is 68 feet. This property is located at 102 S. Fourth Street, Wylie,Texas. David Morgan, 306 Dogwood Court, Wylie,Texas,was present to speak on his behalf. When the other duplexes were built in the area,the lot requirements were smaller. This is zoned Multi- Family and with the approved variance will be zoned Two Family Residential District.The lot is 68 ft. in width, the current requirement is 80 feet. The Morgans are interested in building another duplex similar to the one on Fifth Street. It will meet all the requirements (sq. ft.,brick, etc.)With the exception of the lot width. There will be one entrance facing Oak Street and the other entrance facing Fourth Street. Mr. Morgan provided the Board with house plans to show what he was planning to build. It was questioned as to why the Zoning Ordinance was changed from a width of 65 feet(1981)to 80 feet(1985). Kelley Shaw,Planner,replied that he assumed that it was to encourage private ownership,not rentals,but he didn't know for sure. Existing fencing between this property and the neighboring property will remain. A single family dwelling could not be built on this property unless the zoning was changed. It is currently zoned Multi-Family with a zone change to Two Family if the variance is granted. No notifications have been returned. Mr. Shaw did state that a notification from the P&Z hearing for the zone change was returned in favor. A motion was made by Mark Clark, seconded by Marilyn Herrera,to grant the variance on the minimum lot width. Motion carried,all in favor(5). ITEM NO. 3: Consider an appeal from Chris Trout for a variance(s) from the Zoning Ordinance, Sign Regulations which require a 60 foot separation between another freestanding sign,requirement of a maximum square footage of 100 sq.ft.on advertising and/or identification signs and the requirement of a 20 foot maximum height for an advertising and/or identification sign. Mr.Trout is requesting to be allowed to place his sign within 12 feet of another freestanding sign,to have 121 sq. ft. available space on his advertising and/or identification sign and a sign maximum height of 27 feet and 45 inches. Mr.Trout's property where the sign will be located is 1950 Highway 78 North(CT's C-Store). Chris Trout,408 Kamber Lane, Wylie,Texas,was present to speak on his behalf. The current sign (now torn down because of new gasoline tanks being placed) was a non- conforming sign. Mr.Trout feels that placing the sign 60 ft. away from the other free standing sign located next to his property would cause hazards to the public as it would be placed in entrance/exit drives. He is also requesting a larger sign in height and square footage due to the location of the sign next to his business that partially blocks his sign and that his business is located in a section of town where the speed limit is 60 mph, not 40 mph like the majority of the city. Mr.Trout presented signs available to him from his new vendor. The sign that Mr. Trout would like does not conform to current ordinances, but there is one available that is conforming to current standards. Mr. Trout does not feel that an advertising or identification sign adequately describes his type of sign and there isn't really a classification for a gas station sign with price changes. Staff feels that Mr.Trout's sign is adequately described by an advertising sign because it allows for advertising of the services on the property as well as providing for a changeable copy area for the price changes. Identification signs are used more to describe areas like Century Business Park,shopping centers,etc. Discussion followed 2 regarding various signs that do not conform through out the city. One notification was returned in favor of the variance. No motion was made for the variance request for the 60 ft. setback. Variance denied due to lack of motion. A motion to deny the height variance was made by Marilyn Herrera, seconded by Emily Hartwig. Motion carried,4 in favor(Marilyn Herrera,Emily Hartwig,Ray Capley,Mark Clark), 1 opposed(Gerald Clark). No motion was made for the variance request for the max. 100 sq.ft.. Variance denied due to lack of motion. ITEM NO. 4: Consider an appeal from Richard Lane Custom Homes for a variance(s) from the Zoning Ordinance, Single Family Residential regulations which require a rear yard set back of 25 feet. Richard Lane Custom Homes is requesting to be allowed to have a rear yard setback of 18 '/2 feet on property located at 507 Kreymer Lane, Lot 1, Block A of Wyndham Estates. Mike Phillips, Building Official stated that he was • requesting this variance on the behalf of Richard Lane Custom Homes due to an oversight by the Community Development Dept.during plan review on this property. The rear yard setback of 18 'A feet was missed during plan review. It should have been 25 feet. Form surveys are now required before inspections are performed.The City Attorney has not been consulted for liability at this time. There was one notification returned against the variance request. Deborah Krom, 505 Kreymer Lane, Wylie,Texas(returned the notification)was present to speak against the variance. No one from the City contacted Ms. Krom with the exception of the notification letter. Ms.Krom feels that allowing the variance would devalue her property,cause flood plain problems,ruin the appearance of her property and invades her privacy. Ms.Krom also stated that the City should pay for an independent appraiser and surveyor to come out and appraise her property and the property in question and have an engineer evaluate the flood plain problems. Mr.Phillips stated that he didn't believe there were flood plain problems in this area,but there is a drainage easement on the north side of the property. The final grade has not yet been made on the property, but will occur before the final inspection and the drainage easement will be maintained. A motion was made by Ray Capley,seconded by Marilyn Herrera,to grant the variance. Motion carried,4 in favor(Ray Capley,Marilyn Herrera,Mark Clark,Gerald Clark)and 1 opposed(Emily Hartwig). DISCUSSION ITEM NO. 5: Seeking an interpretation of regulation 25.5(2b)contained within the adopted City of Wylie Zoning Ordinance which states: A wall or fence, not less than six feet in height, with self-enclosing and self-latching gates at all entrances,completely encloses either the pool area or the surrounding yard area. Staff requested an interpretation of the above fencing requirement due to a request for a gate that closes across a front entry driveway electronically. Because of the number of houses that exist and will be constructed with front entry drives, it was felt that an interpretation should be made at this time. The self-closing,self-latching gate in question would be closed electronically with a button much like a remote garage door opener,closing across, not swinging in or out. The City of Plano interpretation required a 60 second delay that if the owner forgot to close it,it would automatically close within 60 seconds. Staff feels that 60 seconds is too long,perhaps 30 or even 15 seconds would be sufficient enough time for the gate to close if the owner forgot to close it. There are also loops that can be put in the concrete so when you drive up the gate opens and closes automatically. Also,you don't want to be able to pull on the gate and have it open once it has closed. It needs to be secured. 3 The ordinance also states that the latching mechanism needs to be 36" above the grade and this device would appear to meet this requirement. Discussion followed among the board regarding the length of time to close and concerns with electrical failure and manual failure. It was questioned whether the National Spa&Pool Institute made any recommendations with regard to this type of set up(unknown at this time). It would ultimately be the owner's responsibility regardless of the type of closure,to make sure that the gate is closed. Ernest Lineberger, Plano,Texas,is currently having a house and pool built in Wylie and is looking to have an electronic gate placed across his driveway. Mr.Lineberger stated that the closing device would actually be an electronic eye,that would open when it visualized the car and immediately start closing when it passed. ADJOURNMENT A motion was made by Ray Capley,seconded by Emily Hartwig,to adjourn the meeting. Motion carried,all in favor(5). Respectfully submitted, Gerald Clark,Chairman Rebecca Rogers Secretary Minutes filed on 3/12/97 at 9:00 a.m. 4 4� Zoning Board of Adjustments #2 Action Item Appeal to the City of Wylie's Zoning Ordinance, Section 32.3.3 September 8, 1997 Issue Consider an appeal from Metroplex Multifoods, Inc., from the City of Wylie's Zoning Ordinance which requires that an application or request for a variance will not be heard or granted to any parcel of property or portion of said property until a Concept Plan, detailed Site Plan, Preliminary Plat, or Final Plat has been finally acted upon by both the Planning and Zoning Commission and the City Council. Background Metroplex Multifoods, Inc. develops and operates Taco Bell restaurants. Metroplex has a contract to purchase property in the Martinez Addition, Phase II, located at the corner of Kirby Street and Hwy. 78. They wish to construct a Taco Bell at this location. However, before committing to the considerable expense involved in the development of a said restaurant, Metroplex is requesting two sign variances for this property. According to the City of Wylie's Zoning Ordinance, Section 32.3.3, before the sign variances can be heard or granted, a Concept Plan, detailed Site Plan, Preliminary Plat, or Final Plat must have been acted upon by both the Planning and Zoning Commission and the City Council. Metroplex Multifoods, Inc. has requested an appeal to these Zoning Ordinance requirements. Whether Metroplex will actually purchase this property is contingent upon obtaining these sign variances. The Board of Adjustment may authorize on appeal, a variance from the terms of the Zoning Ordinance that will not be contrary to the public interest, where, owing to special circumstances, a literal enforcement of the provisions of this ordinance would result in unnecessary hardship. The spirit of the Ordinance must be upheld and substantial justice done. In order for a variance to be granted, the proponent must be able to demonstrate: (1) That the literal interpretation of the provisions of the Zoning Ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district; (2) That the special conditions and circumstances do not result from the actions of the applicant; (3)That granting the variance does not confer on the applicant any special privilege that is denied by this ordinance to other lands, structures, or buildings in the same district; (4) No non-conforming use of 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. Attachments Written appeal to the City of Wylie Zoning Ordinance, Section 32.3.3 Location map Excerpts from the Zoning Ordinance MOAK & SHER DANy Loide1L o • Attorneys at Law Main Office Eldridge Moak Runk Office 211 East Commerce JoAi Cannon-Sheridan (By Appointment) Jacksonville,Texas 76766 • 115 East 6th 905-586-7556 _ Rusk,Texas 76786 903-586-6973 Fax 903-683-1114 June 20, 1997 City of Wylie Attn: Mr. Mike Phillips Building Official 2000 Highway 78 North Wylie, Texas 75098 Dear Mr. Phillips: Please accept this as an appeal to the Community Development Office of the City of Wylie seeking to stay the requirement for Planning and Zoning Commission and City Council approval of plats and site plan, said stay to be in effect until the Zoning Board of Adjustment hears request for variance from Sign Ordinance and any applicable portions of the Zoning Ordinance. The real property involved in this appeal now belongs to Henry Martinez and Betty Martinez and is part of the Martinez Addition Phase II, City of Wylie. The property fronts Kirby Street. An application with the Board of Adjustment is now pending requesting a variance to allow a restaurant identification sign of a height of 50 feet or less. Metroplex Multifoods, Inc. develops and operates Taco Bell restaurants. Metroplex has a contract to purchase the real property from Henry Martinez and Betty Martinez. If this transaction is completed Metroplex will construct and operate a Taco Bell restaurant at this site. Metroplex must satisfy strict requirements concerning location and height of identification signs if it is to obtain corporate approval for a restaurant at this site and successfully operate the restaurant. Metroplex cannot purchase this property until it obtains a determination as to the height of the sign that will be allowed at this location. If a sign cannot be obtained at a sufficient height, the restaurant cannot be developed. If the restaurant cannot be developed, Metroplex has no reason to buy the property. We ask that this appeal be considered and granted. Should this appeal be granted, we ask that the request for variance of sign height be immediately heard. Phillips.lvrrB 5 Pagc 1 We also request that employees of Metroplex Multifoods, Inc. be allowed to appear at any hearings and act on behalf of Henry Martinez and Betty Martinez. `_7�try t L HENRY -TINEZ `r ETT MARTINEZ METROPLEX MULTIFOODS, INC. By: tithe ROBERT CUDD • Phillips.ltrrrB 5 Page 2 NicKeivitie Lon6 , • ••. ,-77.----E---:-. `r-',•••--- • . --:---,,•,,,,,,• 4 •••.\-,..,4';.\, ;;.,..11'', 11r___:[•-•Lii; ,•,-- I c 17 - III 20: 8 n,i-",'• •••`.. - , • .•1 • \ ••• • . , . f ... •••• /••••• •-.:' ••• .. ---...t 4, .\,i 1, .' ,, ,.''••• '‘ u•-•• ' 3 NM 19 • • ' if...-;•::••• •. 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Investigation fee: work without a permit. bona fide use or does not conform to this ordi- (a) Investigation.Whenever any work for which nance shall be removed by the owner, agent or a permit is required by this ordinance has person having the beneficial use of the land, been commenced without first obtaining a buildings or structure upon which such sign is permit,a special investigation shall be made located within ten days after written notification before a permit may be issued for such to do so from the building official. work. 27.14. Removal or repair of dilapidated or de- (b) Fee. An investigation fee,in addition to the teriorated signs. If the building official shall de- ' permit fee, shall be collected whether or termine that any sign exists in a dilapidated or not a permit is then or subsequently is- deteriorated condition, or is a menace to the sued. The investigation fee shall be equal public, he shall give written notice to the person I to the amount of the permit fee required by or persons responsible for such sign. The permit this ordinance.The payment of such inves- holder, owner, agent or person having the benefi- tigation fee shall not exempt any person cial use of the premises shall remove or repair the from compliance with all other provisions sign within ten days after such notice. The build- of this ordinance nor from any penalty ing official may cause any sign which is an imme- prescribed by law. diate peril to persons or property to be removed summarily and without notice. 27.10. Permit valid only for 180 days. If the work authorized by a permit issued under this 27.15. Removal expenses. Any sign described ordinance has not been commenced within 180 under sections 27.10,27.12, or 27.13 [27.11,27.13, days after the date of issuance, the permit shall or 27.14] shall be removed by the permittee, sign become null and void. owner, or property owner within ten days after written notification to do so by the building offi- 27.11. Permit revocable. The building official cial. Upon failure to comply with such notice, the may suspend or revoke any permit issued under building official is hereby authorized to enter the provisions of this ordinance whenever he shall upon the property upon which such sign is lo- determine that the permit is issued in error or on cated, and to cause the removal of such sign.The the basis of incorrect or false information sup- owner of the land, building or structure to which plied, or whenever such permit is issued in viola- such sign is attached and upon which it is erected tion of any of the provisions of this ordinance or and the owner of such sign and the sign permittee any other ordinance of this city of[or] laws of this are jointly and severably [severally] liable for any state or the federal government. Such suspension expense incident to removal. ! or revocation shall be effective when communi- cated in writing to the person to whom the permit 27.16. Appeals. Appeals to the provisions of is upon which the sign is located [sic]. Any signs this ordinance [section 27] shall be heard by the installed under a revoked permit shall be re- board of adjustment as described in the zoning moved by the permit holder, sign owner, or prop ordinance in accordance with the following: The erty owner within ten days of written notice of the board shall consider as criteria for granting a revocation. variance such factors as the type of sign, the t location, existence of signs in the general area, 27.12. Inspection. The building official may in- and such other factors as they deem pertinent.No spect annually,or at such other times as he deems variance shall be granted by the board if the same necessary, each sign regulated by this ordinance conflicts with the spirit of this ordinance,which is for the purpose of ascertaining whether the same one of providing public safety, adequate lighting is secure or insecure, whether it still serves a provisions, open space and air, conservation of useful purpose and whether it is in need of land,protection of property values, and encourag- removal or repair. ing the highest and best use of the land. 27.13. Removal of obsolete signs.Any sign which In considering the request for variation to re- 1 the building official determines no longer serves a quirements of this ordinance, the board of adjust- CDA:40 l I APPENDIX A-ZONLNG §27 I , ment shall consider, but not be limited to, the be subject to the requirements of subsec- I degree of variance, the reason for variance re- tions (d) and (e) of this section. Marquee quested, the location of the variance request, the signs may be illuminated. duration of the requested variance, the effect on I public safety,protection of neighborhood property, (c) Wall signs. the degree of hardship or injustice involved, and the effect of the variance on the general plan of (1) Wall signs shall not exceed 40 square I regulating signs with the city.The decision of the feet or the product of two times the board of adjustment shall be final. A variance lineal footage of the wall area available from this ordinance is valid only if a permit is secured within 90 days from the date of the to such signs or store frontage for which I decision. such signs are intended, whichever is greater. Such signs shall not have a When considering an appeal to this ordinance, vertical height of more than six feet; I members of the board of adjustment shall consti- nor exceed 75 percent of the width of the available wall area or store front- tute a quorum.A concurring vote of a majority of age.Vertical clearance shall be subject those present shall be necessary to render a to the requirements of subsection (d) I decision in favor of the appellant, or to overrule [sic] of this section.`Nall signs shall not any interpretation of this ordinance by the build- extend above the wall to which they ing official. are attached. Wall signs shall be lim- ited to the following categories: adver- Specific Limitation Provisions tising, apartment, construction, gen- eral business,identification,institution, I 27.17. Requirements for wall signs. and real estate signs. (a) Projecting signs. The horizontal portion of any projecting sign shall not be more than (2) In the case where two or more wall I six feet in length, not to exceed 12 square signs are installed in a single wall feet, measured from the building face and area, the gross surface area may not shall not be closer than two feet from the exceed two times the lineal width of back of the curbline.The height of the sign the wall area available to such signs. I. shall not exceed two feet. Such signs shall Such signs shall not be arranged as to be an integral part of the architectural have a vertical height of more than six design of the building. Vertical clearance feet.The combination of the sign widths, I shall be subject to the requirements of when placed side by side, shall not subsections (d) and (e) of this section. exceed 75 percent of the width of the wall available to such signs. I (b) Marquee signs. Marquee signs shall be built as an integral part of the marquee and shall be constructed of incombustible (3) General business wall signs must be material. Such signs shall not exceed 40 located over the business for hick square feet or the product of two times the they are intended. Wall signs may be lineal footage of the building or store front- illuminated,however,illuminated wall age for which such sign is intended, which signs on rear building facades shall be ever is greater. Such signs shall not have a prohibited unless facing a nonresiden- tial height of more than six feet nor tial zoning district. exceed 75 percent of the width of such I building or store frontage. Marquee signs (d) Projection over private property. Projec- tions not extend above the wall to which tions other than awning or canopy signs they are attached. Vertical clearance shall over private property shall be allowed over ICDA:41 11 1 §31 WYLIE CODE . 1 nent type of structure, is moved from the prem- each member or the fact that a member is ises shall be considered to have been abandoned. absent or fails to vote. The board shall• 1 31.7. If a nonconforming structure or a strut- adopt from time to time such additional i ture occupied by a nonconforming use is de rules and regulations as it may deem nec- stroyed by fire, the elements or other cause, it essary to carry into effect the provisions of may not be rebuilt except to conform to the the ordinance and shall furnish a copy of provisions of this ordinance. In the case of partial the same to the building inspector, all of destruction of a nonconforming use not exceeding which rules and regulations shall operate 90 percent of its reasonable value, reconstruction uniformly in all cases.All of its resolutions may be permitted after a hearing and favorable and orders shall be in accordance there- action by the board of adjustment, but the size with.All proceedings of the board shall be a and function of the nonconforming use shall not public record, and all meetings shall be be expanded. open to the public. (4) Meetings. Meetings of the board shall be Section 32. Zoning board of adjustment. held at the call of the chairman and at such 32.1. Organization and procedure. other times as the board may determine. (1) Establishment. A board of adjustment is The chairman or acting chairman may ad- minister oaths and compel the attendance f hereby established in accordance with the of witnesses.All meetings, hearings or pro- provisions of V.T.C.A., Local Government ceedings shall be heard by at least four Code § 211.008, regarding the zoning of members of the board. cities and with the powers and duties as provided in said statutes. 32.2. Appeals. (2) Membership. The board shall consist of five (1) Procedure. Appeals may be taken to and citizens each to be appointed or reap before the board of adjustment by any pointed by the mayor and confirmed by the person aggrieved, or by any officer, depart- city council, for staggered terms of two ment, board or bureau of the city. The years respectively. Each member of the appellant must file with the board and the I board shall be removable for just cause by city council upon written charges and after official from whom the appeal is taken a public hearings.Vacancies shall be filled by notice of appeal specifying the grounds for the city council for the unexpired term of the appeal. The office or department from any member whose term becomes vacant. which the appeal is taken shall forthwith The board shall elect its own chairman,' transmit'to the board of adjustment all of . who shall serve for a period of two years or the minutes constituting the record upon until his or her successor is elected. The which the action appealed from was taken. ` city council may appoint four alternate (2) Stay of proceedings. An appeal shall stay members of the board who shall serve in all proceedings in furtherance of the action f the absence of one or more regular mem- appealed from unless the building inspec- bers when requested to do so by the mayor tor shall certify to the board of adjustment or city manager.These alternate members, that, by reason of facts in the certificate, a when appointed, shall serve for the same stay would, in his or her opinion, cause period as regular members and any vacan- imminent peril to life or property, in which cies shall be filled in the same manner, and case proceedings shall not be stayed other- I they shall be subject to removal as regular wise than by a restraining order which may members. be granted by the board of adjustment or by (3) Rules and regulations. The board shall a court of record, after notice to the office I adopt rules and regulations and keep min- from whom the appeal is taken and on due utes of its proceedings, showing the vote of cause shown. CDA:52 — - — I ' APPENDIX A-ZONING §32 1 . (3) Notice of hearing on appeal. The board if such uses are in general conform- I shall fix a reasonable time for the hearing ante with the master plan and present of the appeal or other matter referred to it, no conflict or nuisance to adjacent prop- shall give public notice of the hearing, and erties. I shall mail notices of such hearing to the petitioner and to the owners of property (b) To permit a public utility or public service or structure in any district,or a lying within 200 feet of any point of the lot public utility of[or] public service build- or portion thereof on which a variation is ing of a ground area and of a height at Idesired,and to all other persons deemed by variance with those provided for in the the board to be affected thereby. Such own district in which such public utility or ers and persons being determined accord- ! public service building is permitted to ing to the current tax rolls of the city. be located,when found reasonably nec- Depositing of such written notice in the essary for the public health, conve- mail shall be deemed sufficient compliance therewith. nience, safety, or general welfare. I (4) Decision by board. The board shall decide (c) To grant a permit for the extension of a the appeal within a reasonable time.Upon use, height or area regulation into an the hearing, any party may appear in per adjoining district, where the boundary I son or by agent or attorney.The board may line of the district divides a lot in a reverse or affirm wholly or partly or may single ownership on the effective date modify the order, requirements, decisions of this ordinance. I or determination as in its opinion ought to (d) Permit the reconstruction of a noncon- be made in the premises and, to that end, forming building which has been dam- shall have all powers of the officer or de- aged by explosion, fire, act of God, or I partment from whom the appeal is taken. the public enemy, to the extent of more (5) [Concurring vote.] The concurring vote of than 90 percent ofits fair market value, 75 percent of the members of the board where the board finds some compelling I shall be necessary to reverse any order, necessity requiring a continuance of requirement, decision or determination of the nonconforming use and the pri- any such administrative official, or to de- mary purpose of continuing the non- cide in favor of the applicant on any matter conforming use is not to continue a Iupon which it is required to pass under this monopoly ordinance or to affect any variance in said (e) Waive or reduce the parking and load- . ordinance. ing requirements in any of the dis- ' 32.3. Powers and duties of board. tricts,whenever the character or use of (1) Subpoena witnesses, etc. The board shall the building is such as to make unnec- have the power to subpoena witnesses, essary the full provision of parking or I administer oaths and punish for contempt,and may require the production of docu- loading facilities, or where such regu- lations would impose an unreasonable ments, under such regulations as it may hardship upon the use of the lot, as I establish. contrasted with merely granting an (2) Appeals based on error. The board shall advantage or a convenience. have the power to hear and decide appeals (3) Variances. An application or request for a I where it is alleged there is error of law in any order, requirements, decision or deter- variance shall not be heard or granted with regard to any parcel of property or portion mination made by the building inspector in thereof upon which a concept plan, detail the enforcement of this ordinance. site plan or development plan, preliminary 1 (a) Permit the erection and use of a build- plat or final plat, when required by this ing or the use of premises for railroads ordinance for any parcel of property or ICDA:53 1 §32 WYLIE CODE 1 portion thereof, has not been finally acted ordinance and, at the same time, the upon by both the planning and zoning surrounding property will be properly 1 commission and the city council. The ad- protected. ministrative procedures and requirements A written application for variance shall be of this ordinance,with regard to both plan- submitted together with a fee, accompa- ning and zoning commission and city coun- nied by an accurate legal description,maps, cil consideration and action, on concept site plans, drawings and any necessary plans, detail site plans, preliminary plats data, demonstrating: and final plats,must be exhausted prior to (a) That special conditions and circum- requesting a variance from the terms of stances exist which are peculiar to the this ordinance. land, structure or building involved The board shall have the power to autho- and which are not applicable to other 1 • rize upon appeal in specific cases such lands, structures, or buildings in the variance from the terms of this ordinance same district. as will not be contrary to the public inter- (b) That literal interpretation of the pro- I est, where, owing to special conditions, a visions of this ordinance would deprive literal enforcement of the provisions of this the applicant of rights commonly en- ordinance will result in unnecessary hard- joyed by other properties in the same ship and so that the spirit of this ordinance district under the terms of this ordi- shall be observed and substantial justice nance. done, including the following: (c) That the special conditions and circum- (a) Permit a variance in the yard require- stances do not result from the actions ments of any district where there are of the applicant. unusual and practical difficulties or (d) That granting the variance requested unnecessary hardships in the carrying will not confer on the applicant any out of these provisions due to an irreg special privilege that is denied by this ular shape of the lot, topographical or ordinance to other lands, structures or other conditions, provided such vari buildings in the same district. f ance will not seriously affect any ad- joining property or the general wel- (e) No nonconforming use of neighboring fare. lands, structures, or buildings in the t same district and no permitted use of (b) Authorize upon appeal, whenever a lands, structures,or buildings in other property owner can show that a strict districts shall be considered grounds application of the terms of this ordi for the issuance of a variance. nance relating to the construction or alterations of buildings or structures (f) Financial hardship shall not be consid- will impose upon him or her unusual ered grounds for the issuance of a and practical difficulties or particular variance. hardship,such variances from the strict (4) Changes. The board shall have no author- application of the terms of this ordi- ity to change any provisions of this ordi- nance as are in harmony with its gen- nance and its jurisdiction is limited to time eral purpose and intent,but only when [sic].The board may not change the district the board is satisfied that a granting of designation of any land either to a more such variation will not merely serve as restrictive or less restrictive zone. a convenience to the applicant,but will alleviate some demonstrable and un- Section 33. Special definitions. usual hardship or difficulty so great as to warrant a variance from the stan- Certain words in this ordinance not heretofore dards or regulations established by this defined are defined as follows: Words used in the . I CDA:54 / Zoning Board of Adjustments #1 Public Hearing Variance Request for Taco Bell sign height requirement September 8, 1997 Issue Consider an appeal from Metroplex Multifods, Inc. for a variance from the City of Wylie Zoning Ordinance "Sign Regulations" which require a 20-foot maximum height for a general business pole sign. Background Metroplex Multifoods, Inc. develops and operates Taco Bell restaurants. Metroplex has a contract to purchase property in the Martinez Addition, Phase II, located at the corner of Kirby Street and Hwy. 78, adjacent to the Exxon Station. They wish to construct a Taco Bell at this location and are requesting to erect a general business pole sign not to exceed 50-feet. A sign height variance is necessary if the applicant is to comply with Taco Bell requirements. The location of the proposed restaurant requires a sign higher than the 20- foot maximum height that our Sign Regulations allow. Although this proposed sign is located in a Retail zoned district, it abuts the residential subdivision of Holiday Terrace Addition. The Ordinance requires that an illuminated sign must be 150 feet from a residential district or be restricted to internal illumination that shall not exceed 40 watts per every twenty-five square feet or any portion thereof of the sign face. In considering the request for a variance to the sign ordinance, the Board must consider, but not be limited to, the degree of variance, the reason for the variance, the locations of the variance, the duration of the variance, the effect on public safety, protection of neighborhood property, the degree of hardship or injustice involved, and the effect of the variance on the general plan of regulating signs within the City. The Community Development Department issued 20 Public Hearing Notifications to property owners within 200-feet of the proposed site. Three were returned; all in favor of the appeal. Attachments Variance Request Application Public Hearing Notices and Responses Location Map Copy Zoning Ordinance re: Sign Regulations and variance procedures APPEAL TO THE BOARD OF ADIUSfltEN1 S $100 FEE CITY OF WYLIE,TEXAS DATE:May 22, 1997 PLEASE TYPE OR PRIN1 !,,SING BLACK INb --- DATA RELATIVE TO VARIANCE REQUEcT: Street Address: Kirby Street Zoning District: Lot Number: Block Number Addition: Martinez Addition TO THE HONORABLE BOARD OF ADJUSTMENTS: Metriokex Multifoods, Inc. (903) 586-1524 _ (Applicant) Whone l tgnp6s 101 E. Cherokee Jacksonville, Texas, // (Street Address City State Zip Code) In accordance with the provisions of the Zoning Ordinance,appeal is now made to the Honorable Board of Adjustments to grant the following variance request• _Sign height restriction for Taco Bell identification sign In order to make a flndir.g of hardship and to grant a variance,the Board of Adjustments must determine that all of the following conditions are met State how your request meets these conditions. Please note that the stated hardship shall not be financial nor self-Induced, a. The requested variance does not violate the intent of the ordinance or its amendments' Applicant desires to construct and operate a Taco Bell restaurant. A si g hei 2hr variance is necessary if appl i Gent i.. tocomply with Taco Sell requirements. The location o the proposed- _L taurant requires an identification sign higher than ordinance allows. b. Special conditions of restri_ted area_shape,topography,or phynicel features exis that ate peculiar to the subject parcel of land and arenot applicable to ether parcels of'and in the same zoning district Requirements for ` aco Bell sign height depends upon each location and especially%sight of view from nearest marjor thoroughfare. • -- • c. The hardship is in no way the resuli of the a plican"s own actions. Applicant has subject land under contract for purchase. If necessary permits cannot be obtained including sign height variance, applic�t.will withdraw .m proposed-_purcha e of real estate. ---- ---- _ ___ d. The interpretation of the provisions in this ordinance or its amendments would deprive the applicaflt cf ,, right!commonly enicyed by other properties in the same zoning district,that comply with the same provisions: Applicant believes Taco Bell restaurant will increase economic activity in the area and benefit other business owners in the same Toning district- Attached is copy of part of plat showing in yellow the land being purchased by Metroplex Multifoods, Inc. F1 • p.2 PLEASE CHECK ONE: XX 1 will represent this variance request at the Board meeting. • I will not be able to represent this variance request et the Board meeting. My authorized representative,who wil!request this variance.before the Board et-Adjustments is: Name : Phone Number Street Address City State Zip Code do hereby certify that the above statements are true and correc r y knowledge. Ap icant's Si . ture& Date • STATE OF TEXAS � COUNTY OF£�'J- Qi(_ _rCI,,,. �l • • • � �.� he 22nd d. a 19 97 by yt, �,av P• nR ,w 0 on his/her oat s that the above:tatemeats are true and correct )best — rMy Commission Expires 10-30-99 NotaryPublic .. . PLEASE COMPLETE THE FOLLOWING INFORMATION LF THE PROPERTY OWNER IS SOMEONE OTHER•THAN THE APPLICANT Henry Martinez and Betty Martinez (972) 442-5571 Property Owner Phone Number James Blakey, c/o Century 21, 205 South Ballard, Wylie, Texas (972)442-7508 Street Address City , State Zip Code Tenant Name Phone Number . Street Address City State Zip Code If the o°;n:cr of the su'.;ect property is net the applicant,by signing below,the owner authorizes the applicant or his authorized representative to make this application on its behalf and to appear-before the Board. Owner Date • STATE OF TEXAS • COUNTY OF COLLIN Subscribed and sworn tc'.before me this the day of . 19_ by ,who,en his/her oath certifies that the s'oo:e statements are true and correct to the best of his/her knowledge. • Notary Public • Attorney for Henry Martinez Joe Semons • 899 E. Arapaho Road Richardson, Texas (972) 644-1106 ;j NOTIFICATION REPORT �, APPLICANT: A' ►e# PIeg rood..5 APPLICATION FILE# 7 &O &cid ,i Name &Address t519 i vaJ2�e� 1 ATTORNEY, AGENT: Ups/,_2e ei. Name &Address ii II BLK/ABST LOT/TRACT SUBDIVISION PROPERTY OWNER NAME _ ADDRESS 2/2/ Quai C 2ur? �, I I✓�ar-��vtez ,M I N my 11/larIi 'iez. Idly fir? TX 75098 ,` II 1rnpvmt.5 II PO , ' 900cl I't. I omit/ rIgerd # '2 57 rsa r/a ltd Tx 750414 - 90011 'i II a. 1 r klerry Mar--li'i►e, see a bo✓e '' it yyl��v f5 '' irk oak) 0i1C D avi y pox v2 75418- D 220 3 A f, /leh ry Oar-RI/lei spP. above, V n /1 Ir i t !I 4 U /,• N ,1 tt it i, II 1. 1 {-)dida 7rracto. B. Schultz., Po. Sox 54 tli1ie 7cim � 2 C Pefc {-len-uncle z 802 /V2ar-d i (sra5 Wylie 11 yot.A I-a�-1 e Id Pp SoX l 9 • Wci f i 1 4 I' Travis I c ( rat/kJ god lYJar-d i er-a s - Gt/yli'e 5 f t obb y &o+hav-'d 006 Orcii liras - / y li e it 6 1` David g. Wh i->L►ieci SID Mardi Gras • Wylie 7 'I W idofi C. S�mrlo,ns goo Mardi &ra5 . Willie l as i.. 2 3 I 5heIba Lemons �o/ /YIardi Gras . Wylie 1 1:1 il''. 1� NOTIFICATION REPORT . !ii .. i : APPLICANT: APPLICATION FILE# Il Name &Address ATTORNEY, AGENT: '1 Name &Address li BLK/ABST LOT/TRACT SUBDIVISION PROPERTY OWNER NAME ADDRESS 11 2 32 I-Iol►dav Terrace Roy eandolpI Po Box 207 • Wg116 ,� 33 Robed E. Wood 2.o. Sox 8o0126 /NOfl!€! l f /fequ i fe Tx 75/Po. -0/28 Ili It 34 J. P . t iGk ,1 007 Ma.rd i 6raA . GhiIie !► I, 35 Charles R. Cori bell lY}irdi Cras • Wylie 3(a ii Eric Smalley 60,3 /v?a r i i &as - Wq/ie it �7 Malcolm A. Cra i-ro► d 13o1 1/)ardi Gras - W9/ e P Po"-43(c°--P31`e -MDUSSQ • iUai+zer IY7oicSCz Sc c�r �2er' .}f Vey��C,rre �a d 3q3 P. 5ox s90 �1.� �- 82o T 2� 1Y l vi el EoterpriSes Inc, ,r,°�nla . Tx. .-is 773 -DB h 'h' if 25 carry Queer) 1r)v. tel it I., 5 - . pia f►cl 1 an i-F ec r 503 a fku y 7$ • l .e : A 2Cv7 p � � !, MC Call i e I me �ter : es ir6 lid Ic 3'j Dairy Queevi Inv. lnc. ser' above iN, It ''1 i� • Cit'of Nie PUBLIC HEARING NOTICE The Zoning Board of Adjustments of the City of Wylie, Texas will hold a Public Hearing on Monday September 8, 1997 at 7:30 p.m. in the City Council Chambers in the Wylie Municipal Complex located at 2000 Highway 78 North, to consider an appeal from Metroplex Multifoods, Inc. for a variance from the Zoning Ordinance Sign Regulations which require a 20 foot maximum height for a general business pole sign. Metroplex Multifoods, Inc. is requesting a Taco Bell general business sign not to exceed 50 feet for property to be located at 625 West Kirby and further described as Abstract 267, the E.C. Davidson Survey, Tract 7. As an interested property owner, you are encouraged to attend this meeting or notify the Commission of your feelings regarding this matter in writing by returning the form below. RE: ZBA -TBheight Return this form to : Mike Phillips, Building Official 2000 Hwy. 78 N. Wylie, Texas 75098 fir.tir. I am in favor of the request for the reasons listed below ❑ I am opposed to the request for the reasons listed below 1. G o 11 y!,e s!,ou-1 't((ow a VAAri-ayin c b s 6 ,ue -{-o i hWett . ±As Ms - -!k C ly O' L09 i 6 aid, oil. 2. IA)e, Ott(GL- not-- 0 ppor-humY7' -6 v-- a)) ki.Cs iv)i 55 6lif) )k, O A ids. 3. Signature ll Printed Name / ht'y Ottriivi z. Address 0.*-t41i I Rtt.vi (L, ) (r t f k r509, 2000 Highway 78 North•Wylie.Texas 75098•(972)442-8100•Fax(972)442-4302 ts1 *' k Rom:. _ K. of Vtilylie PUBLIC HEARING NOTICE The Zoning Board of Adjustments of the City of Wylie, Texas will hold a Public Hearing on Monday September 8, 1997 at 7:30 p.m. in the City Council Chambers in the Wylie Municipal Complex located at 2000 Highway 78 North, to consider an appeal from Metroplex Multifoods, Inc. for a variance from the Zoning Ordinance Sign Regulations • which require a 20 foot maximum height for a general business pole sign. Metroplex • Multifoods, Inc. is requesting a Taco Bell general business sign not to exceed 50 feet for property to be located at 625 West Kirby and further described as Abstract 267, the E.C. Davidson Survey, Tract 7. As an interested property owner, you are encouraged to attend this meeting or notify the Commission of your feelings regarding this matter in writing by returning the form below. RE: ZBA - TBheight • Return this form to : Mike Phillips, Building Official 2000 Hwy. 78 N. Wylie, Texas 75098 • • itik I am in favor of the request for the reasons listed below ❑ I am opposed to the request for the reasons listed below 1. • 2. 3. Signature Printed Name�� .�,�� � '� 5 Address U 2000 Highway 78 North•Wylie.Texas 75098•(9721 442-8100• Fax(972)442-4302 is . tor PUBLIC HEARING NOTICE The Zoning Board of Adjustments of the City of Wylie, Texas will hold a Public Hearing on Monday September 8, 1997 at 7:30 p.m. in the City Council Chambers in the Wylie Municipal Complex located at 2000 Highway 78 North, to consider an appeal from Metroplex Multifoods, Inc. for a variance from the Zoning Ordinance Sign Regulations • which require a 20 foot maximum height for a general business pole sign. Metroplex Multifoods, Inc. is requesting a Taco Bell general business sign not to exceed 50 feet for • property to be located at 625 West Kirby and further described as Abstract 267, the E.C. Davidson Survey, Tract 7. As an interested property owner, you are encouraged to attend this meeting or notify the Commission of your feelings regarding this matter in writing by returning the form below. RE: ZBA-TBheight Return this form to : Mike Phillips, Building Official 2000 Hwy. 78 N. Wylie, Texas 75098 VI am in favor of the request for the reasons listed below ❑ I am opposed to the request for the reasons listed below 1. 2. 3. f � � Signature Printed Name (, a v,'s Address •g°6 /'141, 1, G(Q 5 2000 Highway 78 North•Wylie.Texas 75098•(9721 442-8100• Fax(972)442-4302 i O 4 .� a • w ' K/RBY STRi 0 I.P.F • S 87° 37 �00 E 166.76 I.P.F. WIDENING '.ffffL ii 80, . I.P.1 c(p ,c‘r, •- 117.0 9': 1 `/ #‘4) GP p\ po 6Ao> S 87°97.Q "62 ' 67.8 (I4 30 ./ 'b 0 �_ 96.52 "*._•_. ,.Z0 o/69 :> EP I 1 �� 9'L 15' Utility Easement - 3 .0/ • o- N ' o9 t f/`e'oc) 25� Access Easement. `? o ` _ 'L\2•/ / O �/ , Z A,lex • Lot 2 � • A . Martinez ,LO \ \96 92 N ti� - o V)° so \ W t �01 M N °o, 6 v re) 0 O �e \ \\ 0 O M �,, � 6� AA M N89° 58'00" E \ I'.P.F. 90.00 ' I.0 • is l• ... � 80.00` •' T .\ �- 20' Utility Easement. 15' 15' ti . \ 15. o r7 \'�, Lot 3 - Lot I , B I k. 'A' \• ~��,•,� �, 301Access Easement Martinez Addition '.- I I 0_ ... \ ) r.1/ \ \ a \ ^� (0- - ` 15' Utility Easement ° h Q� .I.P.F. / urve Data IT 20 \,ta A= 57°29.52" .•� -y`L; . R = 91.I4 25'Access, tit L. 91.46' _� 1O 2'� Esmt °q, T= 50.00' 7 V r if d0 �,� \_ I .Utility Esry ‘,5`k 1.P.F.'� L s 5 �Za a r \ \6 `6 •2. /A WWII o //�' > Cr; ti ,V / ° Lot 4 v'' V. ... __ - _. _ - SIGN HEIGHT NOT TO EXCEED 50 FT. • i< I 3 Y 1 s T DE T 1 ..,- SCALE : 1 "=3 0 ' \_ y A 1 0 ,,.. Nh, i_ ___ 0 a 0 30' ACCESS 077-1'3.0 zx 0 Fill • 1. 1A c\i EASEMENT x 1111 TRACT BOUNDARY - [ — 011111 0 L 'd 1 1 Lo 15 ' UTILITY r 1 , EASEMENT 1 rn zi ID / / ( , N 89° 58 / 00" E 90. 0' I P-- 11 • 1 1 1 EXHI3IT 42 • 1 . • arranged as to have a vertical height g) Subdivision Wall Signs or Plaques: of more than six (6) feet. The Subdivision wall signs or plaques are limited to combination of the sign widths,when residential zoning districts and shall not exceed placed side by side,shall not exceed thirty(30) square feet. Subdivision wall signs seventy-five(75)percent of the width or plaques are limited to two (2) per of the wall available to such signs. subdivision entry and may be illuminated by means of spot-lighting only. Subdivision wall 3) General business wall signs must signs or plaques shall only be allowed in the . be located over the business for which absence of a free-standing subdivision entry they are intended. Wall signs may sign. illuminate, however, illuminated wall signs on rear building facades h) Window Signs: Window signs are shall be prohibited unless facing a permitted. The total area of all window signs non-residential zoning district. on an elevation of a building may not exceed twenty-five(25)percent of the window area of d) Projection Over Private Property: that elevation. i:. Projections other than awning or canopy signs 27.18 Requirements for Free-Standing Signs: over private property shall be allowed over pedestrian sidewalks,walkways and corridors, a) Advertising Signs: Advertising Signs shall but not to exceed the following: be erected in districts zoned B-1,B-2 and I,and shall not exceed one hundred(100)square feet. Vertical Clearance Maximum Projection Maximum height of an advertising sign shall be twenty (20) feet with a required setback of 7 feet or less 3 inches thirty(30)feet from the front and side property 7 or 8 feet 12 inches lines. Spacing between signs shall be a 8 feet or more 4 feet minimum of sixty(60)feet. e) Awnine Signs: An awning sign may extend b) Agricultural Signs: Agricultural signs, the full length of the wall of the building to limited to advertising produce crops or animals which it is attached and shall be no more than on a farm,may be erected in any Agricultural . six (67) feet in height and shall not be placed (A) zoning district, and shall not exceed fifty . less than seven (7) feet above the walking (50) square feet. Maximum height of an surface below it. Art work or copy on awning agricultural sign shall be fifteen (15)feet with signs shall be limited to a business name and/or a required setback of thirty(30) feet from the logo and shall not exceed twenty(20)percent front and side property lines. Spacing between of the area of the awning and shall extend for no signs shall be a minimum of two hundred(200) more than fifty(50)percent of the length of the feet. awning. c) Apartment Signs: Apartment signs may be f) Canopy Signs: A "canopy sign" may be erected in any residential zoning district, and I placed on or be an integral part of the face a shall not exceed twenty-five (25) square feet. , :. canopy. The sign may consist of only the name Maximum height of an apartment sign shall be and/or logo of the business at the location of the ten (10) feet for a monument sign and twelve I canopy and may be no greater in size than ten (12)feet for a pole sign,with a required setback (10)percent of the face of the canopy of which of fifteen(15)feet from the front property line. .. it is a part of or to which it is'attached, or a Apartment signs are limited to one (1) per maximum of twenty-five (25) square feet, street front. whichever is greater. An illuminated stripe may be incorporated into a canopy. The stripe d) General Business Signs: may extend along the entire length of the face of 1) General Business signs may be the canopy. The width or thickness of the stripe erected in non-residential zoning i shall be limited to one-third(1/3)of the vertical . districts, and shall not exceed ninety dimension of the face of the canopy. The (90) square feet for monument signs internal illumination of a canopy is limited to and sixty (60) square feet for pole the portions of the canopy face on which a sign signs. Maximum height of a general or stripe is permitted. business sign shall be ten(10)feet for a monument sign and twenty(20)feet Page 40 ` Suppl. No. 1 for pole signs. Required setback portion shall not exceed seventy(70) shall be eight (8)feet from the front square feet and the reader board • property line and shall be located a portion shall not exceed thirty (30) minimum of six (6) feet from square feet. Multi-purpose signs may adjoining private property lines and a have any combination of directory and minimum of sixty(60)feet from any reader board area. other free-standing sign. 2) The total area of pole multi- 2) General Business signs shall be purpose signs shall not exceed one constructed of materials that are not hundred and fifty (150) square feet. subject to deterioration when exposed In the case of monument multi- to the weather. Internally illuminated purpose signs, the maximum overall general business signs must be area shall be two hundred and twenty constructed of incombustible material five (225) square feet, however, the or approved plastics. copy area shall be limited to one hundred and fifty (150) square feet e) Identification Signs: leaving a base area of seventy-five 1) An identification sign may be (75)square feet. erected in non-residential zoning districts, and shall not exceed one 3) Multi-purpose •signs may be hundred and fifty(150)square feet for erected in non-residential zoning monument signs and one hundred districts only. (100) square feet for pole signs. Maximum height of an identification 4) Maximum height shall be ten(10) sign shall be ten (10) feet for a • feet for multi-purpose monument monument sign and twenty (20)feet signs and twenty(20)feet for multi- for pole signs. Required setback shall purpose pole signs. • • be eight (8) feet from the front property line and six (6) feet from • 5) Required setback for multi- • adjoining private property lines, and • purpose signs shall be thirty(30)feet the sign shall be located a minimum from front and adjoining private of sixty(60)feet from any other free- property liners. Multi-purpose signs standing sign. are limited to one(1)per street front and a minimum spacing of sixty(60) 2) Identification signs shall be feet from any other free-standing sign constructed of materials that arc not must be maintained. subject to deterioration when exposed to the weather. Such signs, Nyben 6) Multi-purpose signs shall be • internally illuminated, must be constructed of materials not subject to constructed of incombustible deterioration when exposed to the materials or approved plastics. weather and when internally • illuminated must be constructed of f) Institution Signs: Institution signs may be incombustible materials or approved erected in non-residential and residential zoning plastic. districts, and shall not exceed thirty-two (32) square feet with a maximum height of ten (10) h) Municipally Owned Signs: Municipally feet,except that monument type signs in non- owned signs may be erected in any zoning residential zoning districts may be ninety(90) district and, if exceeding one hundred (100) square feet with a maximum height of ten(10) square feet,shall be reviewed by the Building feet. Required setback shall be fifteen(15)feet Official for specific approval. Municipally . from the front property line and institution signs owned signs shall not be placed in any sight are limited to one(1)per street front. visibility triangle and shall be located at least twenty-five(25)feet from any privately owned g) Multi-Purpose Signs: parcel of land. Maximum height of monument 1) The identification portion of a styled municipally owned signs shall not exceed multi-purpose sign shall not exceed ten (10) feet and pole signs shall not exceed fifty (50) square feet. The directory twenty(20)feet in overall height. Page 41 Suppl. No. 1 I §27. WYLIE CODE I 27.9. Investigation fee: work without a permit. bona fide use or does not conform to this ordi- (a) Investigation.Whenever any work for which nance shall be removed by the owner, agent or a permit is required by this ordinance has person having the beneficial use of the land, been commenced without first obtaining a buildings or structure upon which such sign is permit,a special investigation shall be made located within ten days after written notification before a permit may be issued for such to do so from the building official. work. 27.14. Removal or repair of dilapidated or de- (b) Fee. An investigation fee,in addition to the teriorated signs. If the building official shall de- permit fee, shall be collected whether or termine that any sign exists in a dilapidated or not a permit is then or subsequently is- deteriorated condition, or is a menace to the sued. The investigation fee shall be equal public, he shall give written notice to the person • to the amount of the permit fee required by or persons responsible for such sign. The permit this ordinance.The payment of such inves- holder, owner, agent or person having the benefi- tigation fee shall not exempt any person cial use of the premises shall remove or repair the from compliance with all other provisions sign within ten days after such notice. The build- of this ordinance nor from any penalty ing official may cause any sign which is an imme- prescribed by law. diate peril to persons or property to be removed summarily and without notice. 27.10. Permit valid only for 180 days. If the work authorized by a permit issued under this 27.15. Removal expenses. Any sign described ordinance has not been commenced within 180 under sections 27.10,27.12,or 27.13 [27.11,27.13, days after the date of issuance, the permit shall or 27.14) shall be removed by the permittee, sign become null and void. owner, or property owner within ten days after written notification to do so by the building offi- 27.11. Permit revocable. The building official cial. Upon failure to comply with such notice, the may suspend or revoke any permit issued under building official is hereby authorized to enter the provisions of this ordinance whenever he shall upon the property upon which such sign is lo- determine that the permit is issued in error or on cated, and to cause the removal of such sign. The the basis of incorrect or false information sup- owner of the land, building or structure to which plied, or whenever such permit is issued in viola- such sign is attached and upon which it is erected tion of any of the provisions of this ordinance or and the owner of such sign and the sign permittee any other ordinance of this city of[or] laws of this are jointly and severably [severally) liable for any i state or the federal government. Such suspension expense incident to removal. J or revocation shall be effective when communi- cated in writing to the person to whom the permit 27.16. Appeals. Appeals to the provisions of is upon which the sign is located [sic]. Any signs this ordinance [section 27] shall be heard by the installed under a revoked permit shall be re- board of adjustment as described in the zoning moved by the permit holder, sign owner, or prop ordinance in accordance with the following: The erty owner within ten days of written notice of the board shall consider as criteria for granting a revocation. variance such factors as the type of sign, the location, existence of signs in the general area, 27.12. Inspection. The building official may in- and such other factors as they deem pertinent.No spect annually,or at such other times as he deems variance shall be granted by the board if the same necessary, each sign regulated by this ordinance conflicts with the spirit of this ordinance,which is for the purpose of ascertaining whether the same one of providing public safety; adequate lighting is secure or insecure, whether it still serves a provisions, open space and air, conservation of useful purpose and whether it is in need of land,protection of property values, and encourag- removal or repair. ing the highest and best use of the land. 27.13. Removal of obsolete signs.Any sign which In considering the request for variation to re- the building official determines no longer serves a quirements of this ordinance, the board of adjust- CDA:40 APPENDIX A-ZONLNG §27 ment shall consider, but not be limited to, the be subject to the requirements of subsec- I degree of variance, the reason for variance re- tions (d) and (e) of this section. Marquee quested, the location of the variance request, the signs may be illuminated. duration of the requested variance, the effect on r{ public safety,protection of neighborhood property, (c) Hall signs. 1 the degree of hardship or injustice involved, and the effect of the variance on the general plan of I regulating signs with the city. The decision of the (1) Wall signs shall not exceed 40 square board of adjustment shall be final. A variance feet or the product of two times the from this ordinance is valid only if a permit is lineal footage of the wall area available I secured within 90 days from the date of the to such signs or store frontage for which such signs are intended, whichever is decision. greater. Such signs shall not have a When considering an appeal to this ordinance, vertical height of more than six feet; I members of the board of adjustment shall consti- nor exceed 75 percent of the width of tute a quorum.A concurring vote of a majority of the available wall area or store front- q y age.Vertical clearance shall be subject those present shall be necessary to render a to the requirements of subsection (d) I decision in favor of the appellant, or to overrule [sic] of this section.`Nall signs shall not any interpretation of this ordinance by the build- extend above the wall to which they ing official. are attached. Wall signs shall be lim- I ited to the following categories: adver- tising, apartment, construction, gen- eral business,identification,institution, I 27.17. Requirements for wall signs. and real estate signs. (a) Projecting signs. The horizontal portion of any projecting sign shall not be more than (2) In the case where two or more wall I six feet in length, not to exceed 12 square signs are installed in a single wall feet, measured from the building face and area, the gross surface area may not shall not be closer than two feet from the exceed two times the lineal width of I back of the curbline.The height of the sign the wall area available to such signs. shall not exceed two feet. Such signs shall Such signs shall not be arranged as to be an integral part of the architectural have a vertical height of more than six design of the building. Vertical clearance feet.The combination of the sign widths, I shall be subject to the requirements of when placed side by side, shall not subsections (d) and (e) of this section. exceed 75 percent of the width of the wall available to such signs. (b) Marquee signs. Marquee signs shall be I built as an integral part of the marquee and shall be constructed of incombustible (3) General business wall signs must be material. Such signs shall not exceed 40 located over the business for which square feet or the product of two times the they are intended. Wall signs may be lineal footage of the building or store front- illuminated,however,illuminated wall age for which such sign is intended, which signs on rear building facades shall be ever is greater. Such signs shall not have a prohibited unless facing a nonresiden vertical height of more than six feet nor tial zoning district. exceed 75 percent of the width of such I building or store frontage. Marquee signs (d) Projection over private property. Projec- tions not extend above the wall to which tions other than awning or canopy signs they are attached. Vertical clearance shall over private property shall be allowed over 1. CDA:41 I § 31 WYLIE CODE nent type of structure, is moved from the prem- each member or the fact that a member is ises shall be considered to have been abandoned. absent or fails to vote. The board shall 1 • 31.7. If a nonconforming structure•or a struc- adopt from time to time such additional ture occupied by a nonconforming use is de rules and regulations as it may deem nec- stroyed by fire, the elements or other cause, it essary to carry into effect the provisions of may not be rebuilt except to conform to the the ordinance and shall furnish a copy of provisions of this ordinance. In the case of partial the same to the building inspector, all of destruction of a nonconforming use not exceeding which rules and regulations shall operate 90 percent of its reasonable value, reconstruction uniformly in all cases.All of its resolutions may be permitted after a hearing and favorable and orders shall be in accordance there- action by the board of adjustment, but the size with.All proceedings of the board shall be a and function of the nonconforming use shall not public record, and all meetings shall be be expanded. open to the public. (4) Meetings. Meetings of the board shall be Section 32. Zoning board of adjustment. held at the call of the chairman and at such 32.1. Organization and procedure. other times as the board may determine. The chairman or acting chairman may ad- (1) Establishment. A board of adjustment is minister oaths and compel the attendance hereby established in accordance with the of witnesses.All meetings,hearings or pro- provisions of V.T.C.A., Local Government ceedings shall be heard by at least four Code § 211.008, regarding the zoning of members of the board. cities and with the powers and duties as provided in said statutes. 32.2. Appeals. (2) Membership. The board shall consist of five (1) Procedure. Appeals may be taken to and citizens each to be appointed or reap before the board of adjustment by any pointed by the mayor and confirmed by the city council, for staggered terms of two person aggrieved, or by any officer, depart- years respectively. Each member of the ment, board or bureau of the city. The board shall be removable for just cause by appellant must file with the board and the city council upon written charges and after official from whom the appeal is taken a public hearings.Vacancies shall be filled by notice of appeal specifying the grounds for the city council for the unexpired term of the appeal. The office or department from any member whose term becomes vacant. which the appeal is taken shall forthwith The board shall elect its own chairman, transmit'to the board of adjustment all of who shall serve for a period of two years or the minutes constituting the record upon until his or her successor is elected. The which the action appealed from was taken. city council may appoint four alternate (2) Stay of proceedings. An appeal shall stay members of the board who shall serve in all proceedings in furtherance of the action the absence of one or more regular mem- appealed from unless the building inspec- bers when requested to do so by the mayor tor shall certify to the board of adjustment or city manager.These alternate members, that, by reason of facts in the certificate, a when appointed, shall serve for the same stay would, in his or her opinion, cause period as regular members and any vacan- imminent peril to life or property, in which cies shall be filled in the same manner, and case proceedings shall not be stayed other- they shall be subject to removal as regular wise than by a restraining order which may members. be granted by the board of adjustment or by (3) Rules and regulations. The board shall a court of record, after notice to the office adopt rules and regulations and keep min- from whom the appeal is taken and on due utes of its proceedings, showing the vote of cause shown. CDA:52 I APPENDIX A-ZONING §32 I (3) Notice of hearing on appeal. The board if such uses are in general conform- I shall fix a reasonable time for the hearing ance with the master plan and present of the appeal or other matter referred to it, no conflict or nuisance to adjacent prop- shall give public notice of the hearing, and erties. I shall mail notices of such hearing to the petitioner and to the owners of property (b) To permit a public utility or public service or structure in any district,or a lying within 200 feet of any point of the lot public utility of(or] public service build- or portion thereof on which a variation is ing of a ground area and of a height at Idesired,and to all other persons deemed by variance with those provided for in the the board to be affected thereby. Such own- districters and persons being determined accord in which such public utility or I ing to the current tax rolls of the city. public service building is permitted to Depositing of such written notice in the be located,when found reasonably nec- mail shall be deemed sufficient compliance essary for the public health, conve- I therewith. nience, safety, or general welfare. (4) Decision by board. The board shall decide (c) To grant a permit for the extension of a the appeal within a reasonable time. Upon use, height or area regulation into an the hearing, any party may appear in per- adjoining district, where the boundary son or by agent or attorney.The board may line of the district divides a lot in a reverse or affirm wholly or partly or may single ownership on the effective date modify the order, requirements, decisions of this ordinance. I or determination as in its opinion ought to (d) Permit the reconstruction of a noncon- be made in the premises and, to that end, forming building which has been dam- shall have all powers of the officer or de- aged by explosion, fire, act of God, or I partment from whom the appeal is taken. the public enemy, to the extent of more (5) [Concurring vote.] The concurring vote of than 90 percent ofits fair market value, 75 percent of the members of the board where the board finds some compelling I shall be necessary to reverse any order, necessity requiring a continuance of requirement, decision or determination of the nonconforming use and the pri- any such administrative official, or to de- mary purpose of continuing the non- cide in favor of the applicant on any matter conforming use is not to continue a Iupon which it is required to pass under this monopoly. ordinance or to affect any variance in said (e) `Naive or reduce the parking and load- ' ordinance. ing requirements in any of the dis- tricts,32.3. Powers and duties of board. tricts,whenever the character or use of (1) Subpoena witnesses, etc. The board shall the building is such as to make unnec- have the power to subpoena witnesses, essary the full provision of parking or I administer oaths and punish for contempt,and may require the production of docu- loading facilities, or where such regu- lations would impose an unreasonable ments, under such regulations as it may hardship upon the use of the lot, as I establish. contrasted with merely granting an (2) Appeals based on error. The board shall advantage or a convenience. have the power to hear and decide appeals (3) Variances. An application or request for a I where it is alleged there is error of law in any order, requirements, decision or deter- variance shall not be heard or granted with regard to any parcel of property or portion mination made by the building inspector in thereof upon which a concept plan, detail the enforcement of this ordinance. site plan or development plan, preliminary I (a) Permit the erection and use of a build- plat or final plat, when required by this ing or the use of premises for railroads ordinance for any parcel of property or ICDA:53 I - - I § 32 _ WYLIE CODE I portion thereof, has not been finally acted ordinance and, at the same time, the upon by both the planning and zoning surrounding property will be properly commission and the city council. The ad- protected. ministrative procedures and requirements A written application for variance shall be_ of this ordinance,with regard to both plan- submitted together with a fee, accompa- ping and zoning commission and city coun- nied by an accurate legal description,maps, cil consideration and action, on concept site plans, drawings and any necessary plans, detail site plans, preliminary plats data, demonstrating: and final plats, must be exhausted prior to (a) That special conditions and circum- requesting a variance from the terms of stances exist which are peculiar to the this ordinance. land, structure or building involved The board shall have the power to autho- and which are not applicable to other , rize upon appeal in specific cases such lands, structures, or buildings in the variance from the terms of this ordinance same district. as will not be contrary to the public inter- (b) That literal interpretation of the-pro- I est, where, owing to special conditions, a visions of this ordinance would deprive literal enforcement of the provisions of this the applicant of rights commonly en- ordinance will result in unnecessary hard- joyed by other properties in the same ship and so that the spirit of this ordinance district under the terms of this ordi- shall be observed and substantial justice nance. done, including the following: (c) That the special conditions and circum- (a) Permit a variance in the yard require- stances do not result from the actions ments of any district where there are of the applicant. unusual and practical difficulties or unnecessary hardships in the carrying (d) That granting the variance requested out of these provisions due to an irreg will not confer on the applicant any special privilege that is denied by this ular shape of the lot, topographical or other conditions, provided such vari ordinance to other lands, structures or ance will not seriously affect any ad buildings in the same district. joining property or the general wel- (e) No nonconforming use of neighboring fare. lands, structures, or buildings in the same district and no permitted use of (b) Authorize upon appeal, whenever a lands, structures, or buildings in other property owner can show that a strict districts shall be considered grounds application of the terms of this ordi- ' for the issuance of a variance. nance relating to the construction or alterations of buildings or structures (f) Financial hardship shall not be consid- will impose upon him or her unusual ered grounds for the issuance of a and practical difficulties or particular variance. hardship,such variances from the strict (4) Changes. The board shall have no author- application of the terms of this ordi- ity to change any provisions of this ordi- nance as are in harmony with its gen- nance and its jurisdiction is limited to time eral purpose and intent,but only when [sic].The board may not change the district the board is satisfied that a granting of designation of any land either to a more such variation will not merely serve as restrictive or less restrictive zone. a convenience to the applicant,but will alleviate some demonstrable and un- Section 33. Special definitions. usual hardship or difficulty so great as to warrant a variance from the stan- Certain words in this ordinance not heretofore dards or regulations established by this defined are defined as follows: Words used in the . CDA:54 -- _ �4- Zoning Board of Adjustments • #2 Public Hearing Variance Request for Taco Bell sign area requirement September 8, 1997 Issue Consider an appeal from Metroplex Multifods, Inc. for a variance from the City of Wylie Zoning Ordinance "Sign Regulations" which require a maximum allowed area of 60 square feet for a general business pole sign. Background Metroplex Multifoods, Inc. develops and operates Taco Bell restaurants. Metroplex has a contract to purchase property in the Martinez Addition, Phase II, located at the corner of Kirby Street and Hwy. 78, adjacent to the Exxon Station. They wish to construct a Taco Bell at this location and are requesting to erect a general business pole sign that exceeds the maximum allowed area of 60 square feet as per the adopted sign regulations. The area of the sign sought is 121 square feet. This variance is necessary if the applicant is to comply with Taco Bell requirements (standard sign for Taco Bell). The location of the proposed restaurant requires a sign higher than the 20-foot maximum height that our Sign Regulations allow. Although this proposed sign is located in a Retail zoned district, it abuts the residential subdivision of Holiday Terrace Addition. The Ordinance requires that an illuminated sign must be 150 feet from a residential district or be restricted to internal illumination that shall not exceed 40 watts per every twenty-five square feet or any portion thereof of the sign face. In considering the request for a variance to the sign ordinance, the Board must consider, but not be limited to, the degree of variance, the reason for the variance, the locations of the variance, the duration of the variance, the effect on public safety, protection of neighborhood property, the degree of hardship or injustice involved, and the effect of the variance on the general plan of regulating signs within the City. The Community Development Department issued 20 Public Hearing Notifications to property owners within 200-feet of the proposed site. Two were returned, both in favor of the appeal. Attachments Variance Request Application Excerpts from the Zoning Ordinance Location Map Copy Zoning Ordinance re: Sign Regulations Public Hearing Notices and Responses Rug 07 97 03:36p Rebecca Ro;ers 972-442-8154 p.2 APPEAL TO THE BOARD OF ADJUSTMENTS S100 FEE CITY OF WYLIE,TEXAS DATE: 7/B/97 PLEASE TYPE OR PRINT USING BLACK INK DATA RELATIVE TO VARIANCE REQUEST: • Street Address: Zoning District: Lot Number: Block Number: Addition: BE/N4 r. 0.4 23 Ac. i-Ado sUrVareo rt/rzie �_G �q✓/oaa�/ SIM.UE J,ttosfre/°Cl Ake ,4-JO A Pawl-Cr Lo1 ¢ O`fW AMer746e 400/170J/PI04Se Two TO THE HONORABLE BOARD OF ADJUSTMENTS: 1.7-.1 `t W S"E ` �A1 PSCAS • 3KEUIJE--1"7-1 AP1rL A!A . (Applicant) (Phone Number)�o?o OLD ' �oA0 7 (,t3Z. j�C 15 01- 57 (Street Address City State Zip Code) In accordance with the provisions of the Zoning Ordinance,appeal is now made to the Honorable Board of Adjustments to grant the following variance request: 1 MA.K►NG A NEt) s/d,N FQe. A NELt.t n{c0 Ea-LC- 2-15 q. t-ce-r— In order to make a finding of hardship and to grant a variance,the Board of Adjustments must determine that all of the following conditions are met. State how your request meets these conditions. Please note that the stated hardship shall not be financial nor self-induced. a. The requested variance does not violate the intent of the ordinance or its amendments: s'FlC S/`/4 Wi(.[r Fir IN WE3t W/>1J THE Gn-#' /T" iS oNe-N (_6,2.yF� • • b. Special conditions of restricted area,shape,topography,or physical features exist that are peculiar to the subject parcel of land and are not applicable to other parcels of land in the same zoning district: Ti1ER.6 AR-E NONE • e. The hardship is in no way the result of the applicant's own actions: Mgr er Woi)Lo Lig.E To tY—C T7l(S 5/&ftt IT IS A Sra.Jo42� �,/bJ Fog T7t-Co SELL_ • d. The interpretation of the provisions in this ordinance or its amendments would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district,that comply with the same provisions: W/Le.. de A Ca a-,o j10.0/r7p.J 7D ri1E C-tt9 PF trJ 4 e-/C. . i Os 1-k- r?k SI["I 77-E P►¢o/eswPr AAJA ',vjeocaiOi.c Mc-4 LJt/r. Be ext Eo . • LS:T T L6. TT 9nici ctaJ-d 68S-1 C'88-d 831A1 2t'E 8LTOT8S2e6 D L-_, , ADWE -N _.._,...._ __ AUG , ' Rug 07 97 03:36p Rebecca Rogers 972-442-8154 p• t INF • PLEASE CHECK ONE; 1 will represent this variance request at the Board meeting. )( I will not be able to represent this'variance request at the Board meeting. My authorized representative,who will request this variance before the Board of Adjustments is: ICFMNe'3l Ou,2.QErr- `To 3— 5736— 1524 t.r/i Name Phone Number I o t e . C-,116 o,e.eg S,JXe 7-: J Svd J(t.c_E 'tX Street Address City State Zip Code I do hereby certify that the above statements are true and correct to the best of my knowledge- A7 /tqJ pp 's Signature Date STATE OF TEXAS COUNTY OF COLLIN K Subscribed and sworn to before me this the__8 — day of R s fi 19 9 7 ,by CA C 1. a who,on his/her oath certifies that tie above statements are true and correct to the best of ' "` •< >cll.- ALLISON • 0 / a v•,) t1 Navy Pitat.sue d tens Notary Public j unsays t ran tt-0ssa PLEASE COMPLETE THE FOLLOWING INFORMATION IF THE PROPERTY OWNER IS SOMEONE OTHER THAN THE APPLICANT - 0-01--6-,011LA\_-,c,,L3Qt ,.-- „,c, . Eq ce, 5 ap- 1 ,,9 L 1 Property Owner Phone Number /O/ CTerokec__ a6C.LigY,v,'1/C_. 7 i -)C7 Co LP Street Address City , State T.tp Code TGCO ' Phone Number • Tenant Name Street Address City State . Zip Code If the owner of the subject property is not the applicant,by signing below,the owner-authorizes the applicant or his authorized representative to make this application on its behalf and to appear before the Board. wn / Date • STATE OF TEXAS COUNTY OF COLLIN St nb and sworn to before me this the�6 1/ day ofallL 19g7 .by /WQ, ,who,on his/her oath certifies that the above statements arc true and correct to the lest of er knowledge. atiatAtt, �j.� Notary Public ry • 9 DIANNE J.GOFF • \ NOTARY PUBLIC '` *- State of Texas \ti`1• Comm.Ex .12-01-2000 LS:TT L6. TT 9fW £60-d 68S-1 h88-d 2!31A1 2r'18 8LTOT85£06 19 IIoI II RIaiic L R-i_ ; , ' . •' c/„«�i ,- 0....Fs•\,� ; 1II ., Nickelville Lone c?;n # '�'i,•fr"�, •J ‹.\, 1, t ` \ •' "tom •-© 15 O 4 17 .. ' ':',,l, / .fFF +�,` , '\. 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I _—————— INDUSTUPIAL EAGLE INvESTvaE.TS — _ �' _—— —PARK DEvELOP————1 16.6e AC ®ar r; IS 746 AC I u. I IT• 1 y i •-• I-' Pir /„.9,,.,•? ‘... e . :p T. L. S- R ,..AC !:rNs n i A:r,,_L u CITY C, •e " COOPER DR!vE -- ' •.� GRA_rr•• • s 1 6 5 4 3 2 I I -,-fR_C.r; wTUE ,.i. a -'• .,OPor, RRR•,a•.r-••.. ,. sx Rims E •BUSINESS WAY ' T ath.t L T eI S 'I 6- , 8 , :•,-S- 4'i- ..La wILWrS lOi 3 1 e ,•, O,R , -�- -.a . • 4 2 AC 7 8 9 10 11 12 W .-1 /2 C . - ,.a,c ,,, t 1 .o 'oE RuSsi NG L63'96.a t' .s,a .. s o. a 95 AC N LOT 2 O • , • 2 O WC CO. 6 .QT I I �� 56 C. I I I lEAlk •, .g t I I y''2 B i — EAGLE- T �L�. .. a,.I + 1229Te ENiS rr v•• vo s,• 1 �' 1 E S WEST`S kI•.T JT*EET •• x E n 9 t.n .� ,c Bc,:6_NNETT . ., `•rc 2 I c tf F1 ,n s .. _ _ " I3a AC '1 3 ., $C1 4 rMIL n S:j y', 0 �; 31' r• 'oF , u WESTGATE ! 1 H • „ • ;, .r •CENTER =oro SENNElT �� `• ��/® y u . o .O . �< � . A.Re AC I ! �� n ➢ Phase 2 In !'/ 4 ��� �� '��� r (:"'`— arrnez:,p {r... Lot I I' TERRIII N �. ��. (r ,. � Ad_ ,I o qCY.,—"s • Lot I 1 Pw3.E JR Blk. I 1 '� s! fsik. a eI \AC \� Jc4 "\ ' r i ) in I „ , II -.. ,,,l,,, 2 3.• -4,41Ntall I ZA .,, g..I•i2.1F- / . .1 " .- 4:i. ''' er''''c-ITT O.w•LIE ' q • „' 193 AC Mgr. • I �I f - /\ " -LLD• -w.T --e oR il11 NOTIFICATION REPORT APPLICANT: l�e-ro lex r5 APPLICATION FILE 11 7-00 %�! ! Name &Address �i VaJ��-�/� -2� ATTORNEY, AGENT: Name &Address 1 • } BLK/ABST LOT/TRACT SUBDIVISION PROPERTY OWNER NAME ADDRESS 2/2/ , ,uai i LW'? 4' A I I✓1ar4ivtez Acicdvi Nerv-1 /V)a►-Iii'ie Rh/1;e TX 7s-oV n impvmr5 II PO ,mil' 41 ,9001/ o��y .Gllerd 29�� I-Tatiand 7x 75041& - 90011 it a. ,► Lehry Alia,r-HNe2, see above im v is P ,box 22� rl �� irk Oat, ) Oil l I�.onA avly lohhaxl� TX 754/f�- 0220 ;i P ' I1 3 A �&n r y Oar- iez SAe above II 3 Q. ri /I I! /4 Ii /h. II ,I, 11 5 it Ir it 1 1 /-1d ida grace B. Sd1 u 1 fa, Jr. Po. box 54 1Uy1 i e 7sa98 , 2 ' , Pefe f-Jernande z Po2 Nardi (sra.s • wyfe it II - 4.A {-Ia-f-Field Pp Pox 0 . Wyli6 ` I, 4 it Tra vi5 106 (bra w 80c /})ard i éaiILLLie I. " Cobb o+hard 006 /Y7arIi 6rs • W lie David P. Wh Fv)&/ Sic Mardi Gras • Wyfie 7 f1 Weicion C. Strn01ov15 600 Mardi ( ra5 • Wylie 2 3 I Shelby Lemons 6o/ fv'hrdi Gras • Ailie 1,1 i; NOTIFICATION REPORT g ,1 APPLICANT: APPLICATION FILE# r !;; Name & Address is ATTORNEY, AGENT: Name &Address • !! BLK/ABST LOT/TRACT SUBDIVISION PROPERTY OWNER NAME ADDRESS ;i 2 32 Nolda Ter►-ace Rai 2a►dolpIi Po Box 2o7 • W/lii y<< �o0 � � �// f!% I 33 Roberk- E. Wood Po. Box 1 boescipife 7X 7S/80. -o/28 1, 34 J. i . 016Lryiaii 007 iThrd i 6ra - • Phi lie 1, 35 1, CLiarles R. Campbell 625 /rd i Gra6 • Wylie I ►' 3(0 '' Eric S n'a l I e 60_3 /1Ja ref i (raL - w /I e y y �7 Malcolm 1-.• Cira(�J-ror Hof /Mardi Gras - wq/ie P f3 dl o. .I • . i IYc i.ss Sul a ►-t?-e ifr rVe�14ure oox T8(°-�03 o���3 - 0343 i R- 82o T 2q 1Y16 rliel EV1ter rises Ir)G miv11' la �rx. "15773 -D�9D L it Queer f by iii /i ,� 2� y A 2(07 5 . pia (►d 1 fan i-P Cap 603 S. ku 7 - bU y!;e 4:, rnG lt�,e i �1teY i es!vim << 3� — Dairy Queev� My. Inc. Sep a.bov� il 11 Jr 11 - -fit , . liftbf-Nie4 PUBLIC HEARING NOTICE The Zoning Board of Adjustments of the City of Wylie, Texas will hold a Public Hearing on Monday September 8, 1997 at 7:30 p.m. in the City Council Chambers in the Wylie Municipal Complex located at 2000 Highway 78 North, to consider an appeal from Metroplex Multifoods, Inc. for a variance in regards to the decision of the Building Official denying a permit for a Taco Bell general business sign that exceeds the maximum allowed area of 60 square feet as per the adopted sign regulations. The area of the sign sought is 121 square feet. Taco Bell proposes to be located at 625 West Kirby and further described as Abstract 267, the E.C. Davidson Survey, Tract 7. As an interested property owner, you are encouraged to attend this meeting or notify the Commission of your feelings regarding this matter in writing by returning the form below. RE: ZBA - TBarea Return this form to : Mike Phillips, Building Official 2000 Hwy. 78 N. Wylie, Texas 75098 Q7 I am in favor of the request for the reasons listed below ❑. I am opposed to the request for the reasons listed below 1. 1�' �n�� c1 C L,Jcf(; stioic.ld Q(/ol d O Vi ce ‘6ed.4,5 due heed- 74c -24 , -14e_ `f 144 base -Pcr Chi a-{" 1,Jy/i lcnet SCI oo/ . 2. [Alt, ShaiA.lct riot k-- C,n op oc !` 4 t hc& buc,nesc S/'f vut/c4h out huhd-s'. 3. Signature h C Printed Name free .hOf ffiarh✓►ez Address 02 ) 2-,1 GUAM Rlcn Ra• } i/u1),e %,6 rr150gg 2000 Highway 78 North•Wylie.Texas 75098•i9721 442-8100•Fax(972)442-4302 411 tiiiiR . . � s C — - -Crl o4WyTie PUBLIC HEARING NOTICE The Zoning Board of Adjustments of the City of Wylie, Texas will hold a Public Hearing on Monday September 8, 1997 at 7:30 p.m. in the City Council Chambers in the Wylie Municipal Complex located at 2000 Highway 78 North, to consider an appeal from Metroplex Multifoods, Inc. for a variance in regards to the decision of the Building Official denying a permit for a Taco Bell general business sign that exceeds the maximum allowed • area of 60 square feet as per the adopted sign regulations. The area of the sign sought is 121 square feet. Taco Bell proposes to be located at 625 West Kirby and further described as Abstract 267, the E.C. Davidson Survey, Tract 7. As an interested property owner, you are encouraged to attend this meeting or notify the - Commission of your feelings regarding this matter in writing by returning the form below. RE: ZBA - TBarea Return this form to : Mike Phillips, Building Official 2000 Hwy. 78 N. Wylie, Texas 75098 ®' I am in favor of the request for the reasons listed below ❑ I am opposed to the request for the reasons listed below 1. ����`t c\�� \d.c Jzr 5 �� rl Loco/ Lnc / fhorQ_b -ecytf 40 Le ckvz,,k, 2�1; � ��.Ci7 1( lei `i Ll D i\ �k,f.by 2. 3. Signature /ez: 1,67_ Printed Name fit< a �l �fg•w Address ( l P'er >' 2000 Highway 78 North•Wylie.Texas 75098•(9721 442-8100•Fax(972)442-4302 • I . arranged as to have a vertical height g) Subdivision Wall Signs or Plaques: of more than six (6) feet. The Subdivision wall signs or plaques are limited to combination of the sign widths,when residential zoning districts and shall not exceed placed side by side,shall not exceed thirty(30)square feet. Subdivision wall signs seventy-five(75)percent of the width or plaques are limited to two (2) per of the wall available to such signs. subdivision entry and may be illuminated by means of spot-lighting only. Subdivision wall 3) General business wall signs must signs or plaques shall only be allowed in the be located over the business for which absence of a free-standing subdivision entry they are:intended. Wall signs may sign. illuminated, however, illuminated wall signs on rear building facades h) Window Signs: Window signs are shall be prohibited unless facing a permitted. The total area of all window sips I non-residential zoning district. on an elevation of a building may not exceed _ twenty-five(25) percent of the window area of .- d) Projection Over Private Property: that elevation. ;.. Projections other than awning or canopy signs 27.18 Requirements for Free-Standing Sips: over private property shall be allowed over pedestrian sidewalks,walkways and corridors, a) Advertising Signs: Advertising Sips shall but not to exceed the following: be erected in districts zoned B-1,B-2 and I,and shall not exceedone hundred(100)square feet. Vertical Clearance Maximum Projection Maximum height of an advertising sign shall be twenty (20) feet with a required setback of 7 feet or less 3 inches thirty(30)feet from the front and side property 7 or 8 feet 12 inches lines. Spacing between signs shall be a 8 feet or more 4 feet - minimum of sixty(60)feet. e) Awnine Signs: An awning sign may extend b) Agricultural Signs: Agricultural signs, the fill length of the wall of the building to limited to advertising produce crops or animals , which it is attached and shall be no more than . on a farm, may be erected in any Agricultural six (67) feet in height and shall not be placed (A) zoning district, and shall not exceed fifty . less than seven (7) feet above the walking (50) square feet. Maximum height of an surface below it. Art work or copy on awning agricultural sign shall be fifteen(15)feet with signs shall be limited to a business name and/or a required setback of thirty(30)feet from the logo and shall not exceed twenty(20)percent - front and side property lines. Spacing between of the area of the awning and shall extend for no signs shall be a minimum of two hundred(200) more than fifty(50)percent of the length of the feet. awning. c) Apartment Signs: Apartment signs may be f) Canopy Signs: A "canopy sign" may be erected in any residential zoning district, and placed on or be an integral part of the face a shall not exceed twenty-five (25) square feet. , :• 1 canopy. The sip may consist of only the name Maximum height of an apartment sign shall be and/or logo of the business at the location of the ten (10) feet for a monument sign and twelve canopy and may be no greater in size than ten (12)feet for a pole sign,with a required setback (10)percent of the face of the canopy of which of fifteen(15)feet from the front property line. :- it is a part of or to which it is attached, or a Apartment signs are limited to one (1) per maximum of twenty-five (25) square feet, street front. whichever is greater. An illuminated stripe may be incorporated into a canopy. The stripe d) General Business Signs: may extend along the entire length of the face of l) General Business signs may be I the canopy. The width or thickness of the stripe erected in non-residential zoning shall be limited to one-third(1/3)of the vertical districts, and shall not exceed ninety dimension of the face of the canopy. The (90) square feet for monument signs internal illumination of a canopy is limited to and sixty (60) square feet for pole the portions of the canopy face on which a sign signs. Maximum height of a general or stripe is permitted. business sign shall be ten(10)feet for a monument sign and twenty(20)feet Page 40 . Suppl. No. 1 for pole signs. Required setback portion shall not exceed seventy(70) shall be eight (8) feet from the front square feet and the reader board property line and shall be located a portion shall not exceed thirty(30) minimum of six (6) feet from square feet. Multi-purpose signs may adjoining private property lines and a have any combination of directory and minimum of sixty(60)feet from any reader board area. other free-standing sign. 2) The total area of pole multi- 2) General Business signs shall be purpose signs shall not exceed one constructed of materials that are not hundred and fifty (150) square feet. subject to deterioration when exposed In the case of monument multi- to the weather. Internally illuminated purpose signs, the maximum overall general business signs must be area shall be two hundred and twenty- conLctrncted of incombustible material five (225) square feet, however, the or approved plastics. copy area shall be limited to one hundred and fifty (150) square feet e) Identification Signs: leaving a base area of seventy-five I) An identification sign may be (75)square feet. erected in non-residential zoning districts, and shall not exceed one 3) Multi-purpose•signs may be hundred and fifty(150)square feet for erected in non-residential zoning monument signs and one hundred districts only. (100) square feet for pole signs. Maximum height of an identification 4) Maximum height shall be ten(10) sign shall be ten (10) feet for a • feet for multi-purpose monument monument sign and twenty (20)feet signs and twenty(20)feet for multi- for pole signs. Required setback shall purpose pole signs. be eight (8) feet from the front • property line and six (6) feet from 5) -Required setback for multi- • adjoining private property lines, and _ • • purpose signs shall be thirty(30)feet the sign shall be located a minimum from front and adjoining private of sixty(60)feet from any other free- • property liners. Multi-purpose sighs standing sign. are limited to one (1)per street front and a minimum spacing of sixty(60) 2) Identification signs shall be feet from any other free-standing sign constructed of materials that arc not must he maintained. subjxt to deterioration when exposed to the weather. Such signs, tiy'hen 6) Multi-purpose sips shall be • internally illuminated, must be constructed of materials not subject to constructed of incombustible deterioration when exposed to the materials or approved plastics. weather and when internally, - illuminated must he constructed of f) Institution Signs: Institution signs may be incombustible materials or approved erm.ted in non-residential and residential zoning plastic. districts, and shall not exceed thirty-two (32) square feet with a maximum height of ten(10) h) Municipally Owned Signs: Municipally feet, except that monument type signs in non- owned signs may be erected in any zoning residential zoning districts may be ninety(90) district and, if exceeding one hundred (100)• • square feet with a maximum height of ten(10) square feet,shall be reviewed by the Building feet Required setback shall be fifteen (15)feet Official for specific approval. Municipally from the front property line and institution signs owned signs shall not be placed in any sight are limited to one(I)per street front. visibility triangle and shall be located at least twenty-five(25) feet from any privately owned g) Multi-Purpose Signs: parcel of land. Maximum height of monument 1) The identification portion of a styled municipally owned signs shall not exceed multi-purpose sign shall not exceed ten (10) feet and pole signs shall not exceed fifty (50) square feet. The directory twenty(20)feet in overall height. Page 41 Suppl. No. 1 I §2- WYLIE CODE I 27.9. Investigation fee: work without a permit. bona fide use or does not conform to this ordi- (a) Investigation.Whenever any work for which nance shall be removed by the owner, agent or a permit is required by this ordinance has person having the beneficial use of the land, been commenced without first obtaining a buildings or structure upon which such sign is permit,a special investigation shall be made located within ten days after written notification before a permit may be issued for such to do so from the building official. work. 27.14. Removal or repair of dilapidated or de- (b) Fee. An investigation fee,in addition to the teriorated signs. If the building official shall de- permit fee, shall be collected whether or termine that any sign exists in a dilapidated or not a permit is then or subsequently is- deteriorated condition, or is a menace to the sued. The investigation fee shall be equal public, he shall give written notice to the person to the amount of the permit fee required by or persons responsible for such sign. The permit this ordinance.The payment of such inves- holder, owner, agent or person having the benefi- tigation fee shall not exempt any person cial use of the premises shall remove or repair the from compliance with all other provisions sign within ten days after such notice. The build- of this ordinance nor from any penalty ing official may cause any sign which is an imme- prescribed by law. diate peril to persons or property to be removed summarily and without notice. 27.10. Permit valid only for 180 days. If the f work authorized by a permit issued under this 27.15. Removal expenses. Any sign described ordinance has not been commenced within 180 under sections 27.10,27.12,or 27.13 [27.11,27.13, days after the date of issuance, the permit shall or 2 7.14] shall be removed by the permittee, sign become null and void. owner, or property owner within ten days after written notification to do so by the building offi- 27.11. Permit revocable. The building official cial. Upon failure to comply with such notice, the may suspend or revoke any permit issued under building official is hereby authorized to enter the provisions of this ordinance whenever he shall upon the property upon which such sign is lo- determine that the permit is issued in error or on cated, and to cause the removal of such sign. The the basis of incorrect or false information sup- owner of the land, building or structure to which plied, or whenever such permit is issued in viola- such sign is attached and upon which it is erected tion of any of the provisions of this ordinance or and the owner of such sign and the sign permittee any other ordinance of this city of[or] laws of this are jointly and severably [severally] liable for any state or the federal government. Such suspension expense incident to removal. or revocation shall be effective when communi- cated in writing to the person to whom the permit 27.16. Appeals. Appeals to the provisions of is upon which the sign is located [sic]. Any signs this ordinance [section 27] shall be heard by the l installed under a revoked permit shall be re- board of adjustment as described in the zoning moved by the permit holder, sign owner, or prop ordinance in accordance with the following: The erty owner within ten days of written notice of the board shall consider as criteria for granting a revocation. variance such factors as the type of sign, the location, existence of signs in the general area, 27.12. Inspection. The building official may in- and such other factors as they deem pertinent.No spect annually,or at such other times as he deems variance shall be granted by the board if the same f necessary, each sign regulated by this ordinance conflicts with the spirit of this ordinance,which is for the purpose of ascertaining whether the same one of providing public safety; adequate lighting is secure or insecure, whether it still serves a provisions, open space and air, conservation of useful purpose and whether it is in need of land, protection of property values, and encourag- removal or repair. ing the highest and best use of the land. 27.13. Removal of obsolete signs.Any sign which In considering the request for variation to re- the building official determines no longer serves a quirements of this ordinance, the board of adjust- CDA:40 I _ — �-- I APPENDIX A—ZONLNG §27 ment shall consider, but not be limited to, the be subject to the requirements of subsec- I degree of variance, the reason for variance re tions (d) and (e) of this section. Marquee quested, the location of the variance request, the signs may be illuminated. duration of the requested variance, the effect on I public safety,protection of neighborhood property, (c) Wall signs. the degree of hardship or injustice involved, and the effect of the variance on the general plan of I regulating signs with the city. The decision of the (1) Wall signs shall not exceed 40 square board of adjustment shall be final. A variance feet or the product of two times the lineal footage of the wall area available from this ordinance is valid only if a permit is to such signs or store frontage for which I secured within 90 days from the date of the decision. such signs are intended, whichever is greater. Such signs shall not have a vertical height of more than six feet,' When considering an appeal to this ordinance, nor exceed 75 percent of the width of Imembers of the board of adjustment shall consti- the available wall area or store front- tute a quorum.A concurring vote of a majority of age.Vertical clearance shall be subject those present shall be necessary to render a I to the requirements of subsection (d) decision in favor of the appellant, or to overrule [sic] of this section.Wall signs shall not any interpretation of this ordinance by the build- extend above the wall to which they ing official. are attached. Wall signs shall be Ilitn- ited to the following categories: adver- Specific Limitation Provisions tising, apartment, construction, gen- eral business,identification,institution, I 27.17. Requirements for wall signs. and real estate signs. (a) Projecting signs. The horizontal portion of any projecting sign shall not be more than (2) In the case where two or more wall I six feet in length, not to exceed 12 square signs are installed in a single wall feet, measured from the building face and area, the gross surface area may not shall not be closer than two feet from the exceed two times the lineal width of I back of the curbline.The height of the sign the wall area available to such signs. shall not exceed two feet. Such signs shall Such signs shall not be arranged as to be an integral part of the architectural have a vertical height of more than six design .of the building. Vertical clearance feet.The combination of the sign widths, I shall be subject to the requirements of when placed side by side, shall not subsections (d) and (e) of this section. exceed 75 percent of the width of the (b) Marquee signs. Marquee signs shall be wall available to such signs. I built as an integral part of the marquee and shall be constructed of incombustible (3) General business wall signs must be material. Such signs shall not exceed 40 located over the business for which I square feet or the product of two times the they are intended. Wall signs may be lineal footage of the building or store front- illuminated,however,illuminated wall age for which such sign is intended, which- signs on rear building facades shall be I ever is greater. Such signs shall not have a prohibited unless facinga nonresiden- vertical height of more than six feet nor tial zoning district. exceed 75 percent of the width of such L building or store frontage. Marquee signs (d) Projection over private property. Projec- shall not extend above the wall to which tions other than awning or canopy signs they are attached. Vertical clearance shall over private property shall be allowed over ICDA:41 I 31 . WYLIE CODE nent type of structure, is moved from the prem- each member or the fact that a member is ises shall be considered to have been abandoned. absent or fails to vote. The board shall • 31.7. If a nonconforming structure or a strut adopt from time to time such additional ture occupied by a nonconforming use is de- rules and regulations as it may deem nec- stroyed by fire, the elements or other cause, it essary to carry into effect the provisions of may not be rebuilt except to conform to the the ordinance and shall furnish a copy of provisions of this ordinance. In the case of partial the same to the building inspector, all of destruction of a nonconforming use not exceeding which rules and regulations shall operate 90 percent of its reasonable value, reconstruction uniformly in all cases.All of its resolutions may be permitted after a hearing and favorable and orders shall be in accordance there- action by the board of adjustment, but the size with.All proceedings of the board shall be a and function of the nonconforming use shall not public record, and all meetings shall be l be expanded. open to the public. • (4) Meetings. Meetings of the board shall be Section 32. Zoning board of adjustment.. held at the call of the chairman and at such 32.1. Organization and procedure. other times as the board may determine. The chairman or acting chairman may ad- (1) Establishment. A board of adjustment is minister oaths and compel the attendance hereby established in accordance with the of witnesses.All meetings, hearings or pro- provisions of V.T.C.A., Local Government ceedings shall be heard by at least four Code § 211.008, regarding the zoning of members of the board. cities and with the powers and duties as • provided in said statutes. 32.2. Appeals. (2) Membership. The board shall consist of five (1) Procedure. Appeals may be taken to and citizens each to be appointed or reap before the board of adjustment by any pointed by the mayor and confirmed by the city council, for staggered terms of two person aggrieved, or by any officer, depart- years respectively. Each member of the ment, board or bureau of the city. The board shall be removable for just cause by appellant must file with the board and the city council upon written charges and after official from whom the appeal is taken a public hearings.Vacancies shall be filled by notice of appeal specifying the grounds for the city council for the unexpired term of the appeal. The office or department from any member whose term becomes vacant. which the appeal is taken shall forthwith The board shall elect its own chairman, transmit to the board of adjustment all of • who shall serve for a period of two years or the minutes constituting the record upon until his or her successor is elected. The which the action appealed from was taken. city council may appoint four alternate (2) Stay of proceedings. An appeal shall stay members of the board who shall serve in all proceedings in furtherance of the action the absence of one or more regular mem- appealed from unless the building inspec- bers when requested to do so by the mayor tor shall certify to the board of adjustment or city manager.These alternate members, that, by reason of facts in the certificate, a when appointed, shall serve for the same stay would, in his or her opinion, cause period as regular members and any vacan- imminent peril to life or property, in which cies shall be filled in the same manner, and case proceedings shall not be stayed other- ll they shall be subject to removal as regular wise than by a restraining order which may members. be granted by the board of adjustment or by (3) Rules and regulations. The board shall a court of record, after notice to the office adopt rules and regulations and keep min- from whom the appeal is taken and on due utes of its proceedings, showing the vote of cause shown. CDA:52 I APPENDIX A—ZONING §32 I (3) Notice of hearing on appeal. The board if such uses are in general conform- shall fix a reasonable time for the hearing ance with the master plan and present of the appeal or other matter referred to it, no conflict or nuisance to adjacent prop- shall give public notice of the hearing, and erties. I shall mail notices of such hearing to the petitioner and to the owne (b) To permit a public utility or public r of property service or structure in any district,or a lying within 200 feet of any point of the lot public utility of(or] public service build- ' • or portion thereof on which a variation is ing of a ground area and of a height at desired,and to all other persons deemed by variance with those provided for in the the board to be affected thereby. Such own district in which such public utility or ers and persons being determined accord- ' ing to the current tax rolls of the city. public service building is permitted to Depositing of such written notice in the be located,when found reasonably nec- mail shall be deemed sufficient compliance essary for the public health, conve- I therewith. nience, safety, or general welfare. (4) Decision by board. The board shall decide (c) To grant a permit for the extension of a the appeal within a reasonable time. Upon use, height or area regulation into an I the hearing, any party may appear in per adjoining district, where the boundary son or by agent or attorney.The board may line of the district divides a lot in a reverse or affirm wholly or partly or may single ownership on the effective date modify the order, requirements, decisions of this ordinance. I or determination as in its opinion ought to (d) Permit the reconstruction of a noncon- be made in the premises and, to that end, forming building which has been dam- shall have all powers of the officer or de- aged by explosion, fire, act of God, or I partment from whom the appeal is taken. the public enemy, to the extent of more (5) [Concurring vote.] The concurring vote of than 90 percent of its fair market value, 75 percent of the members of the board where the board finds some compelling ' shall be necessary to reverse any order, necessity requiring a continuance of requirement, decision or determination of the nonconforming use and the pri- any such administrative official, or to de- mary purpose of continuing the non- tide in favor of the applicant on any matter conforming use is not to continue a Iupon which it is required to pass under this monopoly. ordinance or to affect any variance in said (e) Waive or reduce the parking and load- ' ordinance. ing requirements in any of the dis- tricts,32.3. Powers and duties of board. tricts,whenever the character or use of (1) Subpoena witnesses, etc. The board shall the building is such as to make unnec- have the power to subpoena witnesses, essary the full provision of parking or I administer oaths and punish for contempt,and may require the production of docu- loading facilities, or where such regu- lations would impose an unreasonable ments, under such regulations as it may hardship upon the use of the lot, as I establish. contrasted with merely granting an (2) Appeals based on error. The board shall advantage or a convenience. have the power to hear and decide appeals (3) Variances. An application or request for a I where it is alleged there is error of law in any order, requirements, decision or deter- variance shall not be heard or granted with regard to any parcel of property or portion mination made by the building inspector in thereof upon which a concept plan, detail the enforcement of this ordinance. site plan or development plan, preliminary I (a) Permit the erection and use of a build- plat or final plat, when required by this ing or the use of premises for railroads ordinance for any parcel of property or ICDA:53 I — — — § 32 WYLIE CODE portion thereof, has not been finally acted ordinance and, at the same time, the upon by both the planning and zoning surrounding property will be properly I commission and the city council. The ad- protected. ministrative procedures and requirements A written application for variance shall be of this ordinance,with regard to both plan- submitted together with a fee, accompa- ning and zoning commission and city coun- nied by an accurate legal description,maps, cil consideration and action, on concept site plans, drawings and any necessary plans, detail site plans, preliminary plats data, demonstrating: and final plats, must be exhausted prior to (a) That special conditions and circum- requesting a variance from the terms of stances exist which are peculiar to the this ordinance. land, structure or building involved The board shall have the power to autho- and which are not applicable to other . l • rize upon appeal in specific cases such lands, structures, or buildings in the variance from the terms of this ordinance same district. as will not be contrary to the public inter- (b) That literal interpretation of the pro- I est, where, owing to special conditions, a visions of this ordinance would deprive literal enforcement of the provisions of this the applicant of rights commonly en- ordinance will result in unnecessary hard- joyed by other properties in the same ship and so that the spirit of this ordinance district under the terms of this ordi- shall be observed and substantial justice nance. done, including the following: • (c) That the special conditions and circum- (a) Permit a variance in the yard require- stances do not result from the actions ments of any district where there are of the applicant. unusual and practical difficulties or unnecessary hardships in the carrying (d) That granting the variance requested out of these provisions due to an irreg will not confer on the applicant any special privilege that is denied by this ular shape of the lot, topographical or other conditions, provided such vari ordinance to other lands, structures or ance will not seriously affect any ad- _ buildings in the same district. • joining property or the general wel- (e) No nonconforming use of neighboring fare. lands, structures, or buildings in the (b) Authorize upon appeal, whenever a same district and no permitted use of property owner can show that a strict lands, structures, or buildings in other application of the terms of this ordi- districts shall be considered grounds nance relating to the construction or for the issuance of a variance. alterations of buildings or structures (f) Financial hardship shall not be consid- will impose upon him or her unusual ered grounds for the issuance of a and practical difficulties or particular variance. l hardship,such variances from the strict (4) Changes. The board shall have no author- application of the terms of this ordi- ity to change any provisions of this ordi- nance as are in harmony with its gen- nance and its jurisdiction is limited to time eral purpose and intent,but only when [sic].The board may not change the district the board is satisfied that a granting of designation of any land either to a more such variation will not merely serve as restrictive or less restrictive zone. a convenience to the applicant,but will alleviate some demonstrable and un- Section 33. Special definitions. usual hardship or difficulty so great as to warrant a variance from the stan- Certain words in this ordinance not heretofore dards or regulations established by this defined are defined as follows: Words used in the CDA:54