11-01-1999 (Zoning Board of Adjustment) Agenda Packet Zoning I card
of Adjustment
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Regular Fusiness
Meeting
November 19 1 ))
AGENDA
Zoning Board of Adjustment
WYLIE MUNICIPAL COMPLEX
2000 Highway 78 North, Wylie, Texas 75098
November 1, 1999
7:00 p.m.
CALL TO ORDER
CONSENT AGENDA
1. Consider and Act Upon Approval of the Minutes from the July 26, 1999, Regular Business
Meeting.
PUBLIC HEARINGS
1. ZBA No. 99-03: Hold a Public Hearing and Consider and Act Upon a request from Richard
Parker for a variance to Section 19.3(1)(c) of the Zoning Ordinance of the required Rear
Yard Setbacks of 20'in the B-2 District to the requested 0', to allow construction within the
required rear yard setback, being 6.2 acres out of the Michael Millron Survey, City of Wylie,
Collin County, Texas, located at 2555 W. FM 544
2. ZBA No. 99-04: Hold a Public Hearing and Consider and Act Upon a request from Ronald
and Carolyn Faircloth for a variance to Section 25.5(2)(a) of the Zoning Ordinance for an
existing nonconforming swimming pool within the required side yard setback, and being all
of Lot 8, Block 15, of Westgate No.1, an Addition to the City of Wylie, Collin County,
Texas, located at 100 N. Carriage House Way.
ACTION ITEM
3. Discuss and Consider the Establishment of a Standard Monthly Meeting Date for the Zoning
Board of Adjustment
ADJOURNMENT
r � -
Pos d • y, Octdber29, 1999, at 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.
MINUTES
ZONING BOARD OF ADJUSTMENT
WYLIE MUNICIPAL COMPLEX
2000 Highway 78 North, Wylie, Texas 75098
Regular Business Meeting
July 13, 1998
7:00 P.M.
A quorum was present and a notice was posted in the time and manner required by law.
Members Present Staff Present:
Gerald Clark, Chairman Tobin Maples, Planning Director
Marilyn Herrera Carrie Smith, Secretary
Jeff McCoy, Vice Chairman
Weldon Bullock
Derek Green co,), „r
CALL TO ORDER
The meeting was called to order at 7:00 P.M. by Chairman, Gerald Clark.
ELECTION OF CHAIRPERSON
Motion: A motion was made by Jeff McCoy, Seconded by Marilyn Herrera to re-elect
Gerald Clark as Chairman of the Board.
Motion Carried (5-0)
ELECTION OF VICE-CHAIRPERSON
Motion: A motion was made by Gerald Clark, Seconded by Marilyn Herrera to re-elect Jeff
McCoy as Vice-Chairman of the Board.
Motion Carried(5-0)
CONSENT AGENDA
1. Approval of November 18, 1998,Regular Business Meeting Minutes.
Corrections: Marilyn Herrera was absent.
Motion: A motion was made by Jeff McCoy, Seconded by Weldon Bullock
to approve the November 18, 1998, Regular Business Meeting Minutes with noted
corrections.
Motion Carried(4-0) Marilyn Herrera abstained.
Minutes-Planning and Zoning Commission
July 26, 1999,Regular Business Meeting
Page 1
PUBLIC HEARINGS
1. %HA No. 99-01:Hold a Public Hearing and Consider and Act upon a request from Glen Cook for
a variance to Section 25.5 (2) (a) swimming pools of the Zoning Ordinance so as to allow
construction of a swimming pool within the required side yard setback, and being all of Lot
1,Block F, of Presidential Estates, an Addition to the City of Wylie, Collin County, Texas.
Greg Hanson 6804 Inwood Drive, Plano - spoke on behalf of the property owner.
• The fifteen(15) foot utility easement in the rear of the property prohibited the pool
from being built in the rear yard.
• Due to the other corner lots in the subdivision and throughout the city they are
recommending to the Planning and Zoning Commission to revise the City Ordinance.
Motion: A motion was made by Marilyn Herrera, Seconded by Jeff McCoy to recommend
approval of the variance and send a request to Planning and Zoning Commission to
update the City Ordinance.
Motion Carried (5-0)
ADJOURNMENT
Motion: A motion was made by Jeff McCoy, Seconded by Marilyn Herrera to adjourn.
Motion Carried(5-0)
Minutes-Planning and Zoning Commission
July 26, 1999,Regular Business Meeting
Page 2
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.. : 114. 99-03
Zoning Board of Adjustment
Zoning Board of Adjustment Public Hearing: November 1, 1999
Owner/Applicant: Richard Parker
Location: 2555 W.FM 544
Request: Variance to Section 19.3 (1) (c) from the required Rear
Yard Setbacks of 20'in the B-2 District to the requested
0', to allow construction within the required rear yard
setback
Summary:
Section 19.3 Area Regulations of the Zoning Ordinance sets out the required setbacks within the
B-2 (Business) zoning district; the required rear yard setback being 20'. The applicant is seeking
the variance which would enable the construction of buildings on the back property line (a
O'setback). The rear yard of the property in question is adjacent to a 100' railroad right-of-way.
The existing buildings on the property were in place prior to the annexation of the property in
1995 and are legal, nonconforming structures.
Section 33.100 Yard, rear defines the rear yard as an open, unoccupied space, except for
accessory buildings, extending across the rear of a lot from one side lot line to the other side lot
line and having a depth between the building and rear lot line as specified in the district in which
the lot is situated. The yard or setback requirements are designed to protect adjacent property
owners and citizens from potential intrusions by providing an open, unoccupied space as a
buffer.
Section 32.3(3) Powers and duties states that the Zoning Board of Adjustment may permit a
variance to the yard requirements of any district where there are unusual and practical difficulties
or unnecessary hardships in the carrying out of these provisions due to an irregular shape of the
lot, topographical or other conditions, provided such variance will not seriously affect any
adjoining property or the general welfare. However, said section does specifically state that in
order to grant a variance, the following conditions shall or shall not exist:
a) That special conditions and circumstances exist which are peculiar to the land, structure or
building involved and which are not applicable to other lands, structures, or buildings in the
same district.
b) ,That literal interpretation of the provisions of this ordinance would deprive the applicant of
rights commonly enjoyed by other properties in the same district under the terms of this
ordinance.
c) 'That the special conditions and circumstances do not result from the actions of the applicant.
d) That granting the variance requested will not confer on the applicant any special privilege
that is denied by this ordinance to other lands, structures or buildings in the same district.
e) No nonconforming use of neighboring lands, structures, or buildings in the same district and
no permitted use of lands, structures, or buildings in other districts shall be considered
grounds for the issuance of a variance.
f) Financial hardship shall not be considered grounds for the issuance of a variance.
Other Considerations:
• Public Comment Forms were mailed to Nine (9) property owners within 200 feet of this
request.
• The applicant is aware that, if the variance is approved, the Building Code will require
additional safeguards for structures built to the property line.
Financial Considerations:
Application fee in the amount of$100.00 -Paid
Attachments:
Interpretation
Location Map
Property Owner Notification Map
Property Owner Notification Report
Public Hearing Notice
Excerpts from the Zoning Qrdinances
Variance Request Application
Survey Plat
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LOCATION MAP
ZBA CASE #99-03
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J.L. Brand Jr. I �. F.B. Wells
D.Green I '1 R-6196-000-0010-1 1 F.B. Wells
R-6351-000-0139-1I .. 4fi"• jFsubJectk
jL R-6563-000-00.2�0_1
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PROPERTY OWNER NOTIFICATION MAP
ZBA CASE #99-03
NOTIFICATION REPORT .
APPLICANT: Richard Parker APPLICATION FILE # 99-03
P.O. Box 307 Wylie, Texas 75098
# BLK/ABST LOT/TRACT TAX I.D. # PROPERTY OWNER NAME ADDRESS
TU Electric P.O. Box 219071
1 Abst. 563 Tract 1 R-6563-000-0010-1 State &Local Tax Department Dallas, Texas 75221-9071
6800 Coit Road
2 Abst. 563 Tract 2 R-6563-000-0020-1 Frances Bates Wells Plano, Texas 75023-1003
1001 S. Ballard
3 Abst. 563 Tract 3 R-6563-000-0030-1 Wylie I.S.D. Wylie, Texas 75098
P.O. Box 660163
4 Abst. 563 Tract 4 DART Railway Dallas, Texas 75266
P.O. Box 307
5 Abst 196 Tract 5 R-6196-000-0050-1 Richard Parker (Applicant) Wylie, Texas 75098
210 S. McDonald Street
6 Abst 196 FM 1378 Collin County Commissioners Court McKinney, Texas 75069
1001 S. Ballard
7 Abst. 196 Tract 6 R-6196-000-0060-1 Wylie I.S.D. Wylie, Texas 75098
6800 Coit Road
8 Abst. 196 Tract 1 R-6196-000-0010-1 Frances Bates Wells Plano, Texas 75023-1003
7407 Baxtershire
9 Abst. 351 Tract 13-9 R-6351-000-0139 J.L. Brand Jr. and D. Green Dallas, Texas 75230
I
iv i l'1LL OI PUBLIC
ZONING BOARD OF ADJUSTMENT
An application has been received by the City of Wylie for a:
PROPOSED VARIANCE TO THE
REQUIRED REAR YARD SETBACK
Board of Adjustment
ease Number: 99-03
Applicant: Richard Parker
Location: 2555 W. FM 544.
Property Description: (See the attached Exhibit"A"for full legal description)
Request: Variance to rear yard setback
This public hearing is held to consider the application as an amendment to the Code of Ordinances of the City of Wylie,Texas.
The request will be heard as follows:
Zoning Board of Adjustment: Monday,November 1, 1999,7:00 PM
The public hearing will be held at the following location:
City Council Chambers of the Municipal Complex
2000 Highway 78 North,Wylie,Texas
This notice has been sent to all owners of real property within 200 feet.of the request,as such ownership appears on the last
approved city tax roll. All interested persons are encouraged to attend the public hearing and express their opinions on the
variance request. If you are unable to attend,but wish to have your opinions made a part of the public record,please complete
the enclosed form and return it prior to the public hearing. Please print your name, address of the property you own and the
tax account number(if applicable) on the enclosed form and return it to the following address:
City of Wylie
Department of Planning
2000 Highway 78 North
Wylie,TX 75098
The application is on file for public examination in the Planning Department at 2000 Highway 78 North,Wylie,Texas. For
additional information,please contact the Planning Department at 972/442-8150. Please reference the case number when
requesting information.
This facility is wheelchair accessible and handicapped parking spaces are available. Requests for interpretation services or
assistive hearing devices must be made 48 hours prior to the meeting. Contact the Office of the City Secretary at(972)442-8103,
or(TDD)(972)442-8170 for assistance.
(_ t t 7
IiUU 1, recorded in Volume vile ��� 1'y't:jc.;,, tO b. C.
more particularly 418, loage 13_, Deed Records, COLLIN County, Texas,
and beingp arly described as follows:
BEGINNING at a point on the South line of the St. Louis Southwestern
Railroad, said point being the Northeast corner of said 42.735 acre tract,
a fence corner post for corner;
THENCE South 16 degrees 34 minutes 13 seconds East, leaving the said
Southerly line of St. Louis Southwestern Railroad, a distance of 397.27
feet to a point on the Northerly line of F. M. Road No. 544, a 1/2 inch iron stake set for corner;
,,.THENCE along the Northerly line of F. M. Road 544, the following:
North 70 decrees 48 minutes West, a distance of 1036.71 feet to the
beginning of a curve to the left having a central angle of 21 degrees 08
minutes 27 seconds/ a radius of 1969.8o feet, a 1/2 inch iron stake set
for corner (Long chord bearing 5 87 deg. 14 min. 09 sec. E, chord
length 722.7172 feet) ;
•
Around said curve 'a distance of 726.83 feet to the end of said 'curve, a
right-of-way monument found for corner;
North 20 degrees 09 minutes 07 seconds West, a distance of 30.57 feet to a point on the southerly line of St. Louis Southwestern Railroad, a 1/2
•
_` inch iron stake set for corner;
�j •
THENCE along •the Southerly line of St. Louis Southwestern Railroad, the following:
North 86 degrees 24 minutes 02 seconds East, a distance of 395.44 feet
to the beginning of a curve to the rightohavin a central angle of 12
degrees 43 minutes 33 seconds, a radius of 2814.79 feet a 1/2 inch iron
stake set for corner (Long chord bearing S 87 deg. 14 min. 09 sec. E,
Chord length 623.9059 feel) ; •
•
Around said curve a distance of 625.19 feet to the end of said curve, a -----
1/2 inch iron stake set for corner;
South 80 decrees 52 minutes 25 seconds East a distance of 580.32 feet
to the PLACE OF BEGINNING and CONTAINING 6.902 acres of land, more or
less.
SAVE AND EXCEPT that portion conveyed in Warranty Deed from B. C. Wood and
wife, Nettie Wood, to Texas Power & Light Companv, dated December 2, 1960,
filed December 14, 1960, recorded in Volume 575, Page '224, Deed Records,
COLLIN County, Texas.
SAVE AND EXCEPT •
Being all that certain tract or parcel of land situated in the John Jr. Curtis Surrey, Abstract No.
•
/96, Collin C.'otutti', Texas, ant!being a part of a tract of land conveyed to 1?. Richard Parker in'
deed recorded hr County Clerks No. 93-009496-1, Collin County. 7'exie_r and being more
particularly described as follows: ,
1eginning at a 112 inch iron rod found in the northeast right-of-way litre of Fall. Road No. 54-1
and being the southeast corner of a 191.4 acre tract of!crd conveyed to M.P. Mathews in' deed
recorded in Volume 165, Page 556, /)ceetl Records, ('ollin County, Texas;
Thence, .\' 70' -1S"00" 11' 7Rntr; said right-of-way line. o distance of 202.9,?feet to ct 112 incic iron
rod set for corner:
Tltettce, ,V 16° )4' 06" 1;, a distance of 20/.74 feet to a metal fence post for corner;
Thence. ;\' 27' 3-1' 3/" 11 a dis(ai ct, nJ 6,ti'. )6 feet to a 1/2 inch iron rod set for corner in the
southeast line of a tract of(rind conveyed to 7'c'xa.s Power l.i;ltt Company by deed recorded in
Volume 575, Page ??7. Deed Record.. Collin C'otuttv, Texas;
Thence. A' 49° 53' -ll" 1:. along the southeast lint' of said Texas Power 1_i'1u Company tract
of land, a distance of 7-1.05 leer to a /i2 inch iron roll set fnr corner in the west line o
aforentrntioned t\latltetrs trace o/ lcutd:
Thence. X /6° .14'1.?" E. along the Ices( line of said tllcu1ic' 's tract ol'land, a distance of 3,ti'4.44
feet to the Point of/lc'gittning and c'ontaining 0.76S acres ()pond.
APPENDIX A—ZONING §19
19.1. Use regulations. A building or premises 8,000 square feet, and provided that no
shall be used only for the following purposes: effects from noise, smoke, glare, vibration,
(1) Uses permitted in the B-1,business district fumes or other environmental factors are
u measurable at the property line...
and R, retail district.
(2) Public or private utility shop and mainte-
(28) Indoor/outdoor auction with no livestock.
„ nance. The following specific uses when granted in
(3) Public and private amusements (see excep- with section 23:
tions). (1) Airport, heliport or landing field.
•
(4) Animal clinic or hospital with outside runs. (2) Cemetery or mausoleum.
(5) Garden shop with outside storage and green- • (3) Outdoor commercial amusement. -
house as an accessory to a garden shop. (4) Golf course, private or public.
(6) Kennels with outside run. (5) Private club, serving alcoholic beverages.
(7) Tool and trailer rental, outside storage. (6) Rodeo or other sports arena.
(8) Automobile or motorcycle sales, new or (7) Theater, drive-in.
used.
(8) Animal pound, public or private. •
(9) Automobile repair garage.
(10) Automobile painting or body shop. 19.2. Height regulations. One hundred feet or
height permitted under floor area ratio (see floor
(11) Automobile storage or sales lot. area ratio).
(12) .Mobile home sales. 19.3. Area regulations.
(13) Truck parking lot or garage. (1) Size of yard.
(14) .Swimming pool,`commercial outside. (a) Front yard. Minimum required 'set-
(15) Bus terminal. back 20 feet. Accessory uses must be
set back a minimum of 60 feet. .
(1.6) Dry cleaning plant or laundry.
. (b) Side yard. (Adjacent to a street ors_
(17) Engine or motor repair. . property line): Minimum required, ten -
Machinery sales. feet. - -
(19) Machine or welding repair shop. (c) Rear yard. A dedicated alley or private
(20) Vehicle rental business. drive shall be required behind each lot
or tract and the minimum rear yard
(21) Lumberyard. setback shall be 20 feet for any build-
(22) Maintenance or contractor yard. inn or structure When adjacent to or
abutting a residential use, a masonry
(23) Tennis courts, commercial. •or wood wall of a minimum height of
(24) Plumbing, heating and air conditioning six feet shall be constructed adjacent
shops. to the rear property line to provide a
barrier between the adjoining use.
(25) Mini or convenience warehouse.
(d) Special side or rear yard requirement.
(26) Indoor commercial amusement. When a nonresidential zoned lot or
(27) Light fabrication and assembly process fa- tract abuts upon a zoning district bound-
cilities for the manufacture, fabrication, ary line dividing the lot or tract from a
processing, or assembly of products; pro- residentially zoned lot or tract, a min-
vided that such facilities are completely imum side yard of ten feet shall be
enclosed within a structure not exceeding provided for on the nonresidential prop-
CDA:21
APPENDIX A-ZONING §34
33.99. Yard, front. An open, unoccupied space No such use, or change of use, shall take-place_ _ -
on a lot facing a street extending across the front until a certificate of occupancy therefor shall have- - --
of ia lot between the side lot lines and from the been issued by the inspector Of buildings. __
main building to the front lot or street line with .
the minimum horizontal distance between the 34.2. Procedure for new or altered buildings.
street line and the main building line as specified Written application for a certificate of occupancy
foi the district in which it is located. fora new building or for an existing building
which is to be altered shall be made at the same
33.100. Yard, rear. An open, unoccupied space, time as the application for the building permit for
' except for accessory buildings as herein permit-
such building. Said ci:rtificate shall be issued
ted, extending across the rear of a lot from one within ten days after a written i:equest for. the
side lot line to the other side lot line and having a same has been made to said building inspector or
his or her agent after the erection or alteration of
depth between the building and the rear lot line such building or thereof has been completed;in--
as specified in the district in which the lot is conformity with the provisions of this ordinance:`'
situated.
34.3. Procedure for vacant land or a change in
33.101. Yard, side. An open,unoccupied space use. Written application for a certificate of occu :`_
or spaces on one side or two sides of a main pancy for the use of vacant land,or for change in'
building and on the same lot with the building, the use of land or a building, or_for a change in a`?
situated between the building and a side line of _ nonconforming use, as herein provided,-.shall be`
the lot and extending through from the front yard made to said building inspector. If the proposed!`
to the rear yard.Any lot line, not the rear_line-or .' use is in conformity with the provisions of this
a front line, shall be deemed a side line. :, "ordinance, the certificate of occupancy therefor}1 :r<
shall be issued within ten days after the applica
33.102. Zoning district map. The official certi- tion for same has been made. ,
t fled map upon which the boundaries of the van-
,- - 34.4. Contents. Every certificate of occupancy_`
ous zoning districts are drawn and which is an shall state that the building or the proposed use of
integral part of the zoning ordinance.
(Ord. No. J3 22,, § V(33./f), 4 l� J3; Ord. No. a building or land complies with all provisions of
93-36, § II,7-27-93)
the building and fire laws .and 'ordinances. A'
record of all certificate's of occupancy shall be kept, a"- '.
- - - on file in the office of the building inspector or•his- --
Section 34. Certificates of occupancy_and - or her agent and copies shall be furnished on
L' _ compliance : request to any person having proprietary.or ten-_
i ancy interest in the building or land affected.--__,
-
34.1. [Certificate of occupancy required.] Certif-
icates of occupancy shall be required for any of the 34.5. Temporary certificate. Pending the issu
ance of a regular certificate, a temporary certifi-
following:
cate of occupancy may be issued by the building
- (1) . Occupancy and useiif a building hereafter inspector for a period not exceeding six months,
erected or structurally altered. during the completion of alterations or during
(2) Change in use of an existing building to a partial occupancy of a building pending its corn-
use of a different classification. pletion. Such temporary certificates shall not be
` ' construed as in any way altering the respective
(3) Occupancy and use of vacant land, except rights, duties, or obligations of the owners or of
agricultural use. the city relating to the use or occupancy of the
(4) Change in the use of land fo a use of a premises or any other matter covered by this
different classification. • ordinance.
- (5) Any change in the use of a nonconforming 34.6. Certificates for nonconforming uses. Acer-
tificate of occupancy shall be required for all
CPA•6]
•
+ § 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
commission-andthe 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 coup- 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
ree Llestiil" a van a ac'. fnc:n the teraw 'of
• stances exist which arc 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-
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 building s 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
lands, structures, or buildings in other
property owner can show that a strict
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 difficul-ties 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
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99-04
Zoning Board of d j ust ent
Zoning Board of Adjustment Public Hearing: November 1, 1999
Owner/Applicant: Ronald and Carolyn Faircloth
Location: 100 N. Carriage House Way
Request: Variance to Section 25.5(2)(a) Swimming pools, of the
Zoning Ordinance for an existing nonconforming
swimming pool within the required side yard setback
Summary:
Section 25.5(2)(a) Swimming pools allows for the construction and operation of a swimming
pool when the pool is not located in any required front or side yard abutting a street. A permit
for the pool on the applicant's property was issued in error in 1995 with the pool being built
within the required 20' exterior side yard setback. The applicant is seeking a variance to this
section in order to formally clear the encroachment.
The regulations in Section 11.3(1)(b)Area regulations of the Zoning Ordinance indicate that lots
encompassed by the SF-3 (Single Family Residential) zoning district and adjacent to a side street
(corner lot) shall include side yard setbacks not less than twenty feet (20'). Section 33.101 Yard,
Side defines a side yard as an open, unoccupied space or spaces on one side or two sides of a
main building and on the same lot with the building, situated between the building and a side line
of the lot and extending through from the front yard to the rear yard. Specifically, any lot line,
not the rear line or front line shall be deemed a side line. The yard or setback requirements are
designed to protect property owners and citizens from potential intrusions caused by accessory
uses by providing an open, unoccupied space as a buffer.
Section 32.3(3) Powers and duties states that the Zoning Board of Adjustment may permit a
variance to the yard requirements of any district where there are unusual and practical difficulties
or unnecessary hardships in the carrying out of these provisions due to an irregular shape of the
lot, topographical or other conditions, provided such variance will not seriously affect any
adjoining property or the general welfare. However, said section does specifically state that in
order to grant a variance, the following conditions shall or shall not exist:
g) That special conditions and circumstances exist which are peculiar to the land, structure or
building involved and which are not applicable to other lands, structures, or buildings in the
same district.
h) That literal interpretation of the provisions of this ordinance would deprive the applicant of
rights commonly enjoyed by other properties in the same district under the terms of this
ordinance.
i) That the special conditions and circumstances do not result from the actions of the applicant.
j) That granting the variance requested will not confer on the applicant any special privilege
that is denied by this ordinance to other lands, structures or buildings in the same district.
k) No nonconforming use of neighboring lands, structures, or buildings in the same district and
no permitted use of lands, structures, or buildings in other districts shall be considered
grounds for the issuance of a variance.
1) Financial hardship shall not be considered grounds for the issuance of a variance.
Other Considerations:
® Public Comment Forms were mailed to Twenty-Eight (28) property owners within 200 feet
of this request. One Public Comment Form has been returned in favor.
Financial Considerations:
Application fee in the amount of$100.00-waived
Attachments:
Interpretation
Location Map
Property Owner Notification Map
Property Owner Notification Report
Public Hearing Notice
Excerpts from the Zoning Ordinances
Variance Request Application
Survey Plat
PUBLIC COMMENT FORM
(Please type or use black ink)
Department of Planning
2000 Highway 78 North RED O C T 191999
Wylie,Texas 75098
I am FOR the requested variance as explained on the attached public notice for ZBA Case#99-04.
I am AGAINST the requested variance as explained on the attached public notice for ZBA Case#99-04.
Date,Location&Time of
Zoning Board of Adjustment meeting: Monday,November 1, 1999,7:00 pm
Municipal Complex,2000 Highway 78 North,Wylie,Texas
Name: 6 v 7 ! a IV ! - /! So Y�
(please print)
Address: 6-0 q GO, Oa K.
Wylie Tax Account Number �
(if shown on enclosed map): /'L` -0 fi s C 0!0 1
Signature: G; liYl;
Date: /G-/ 7 -
COMMENTS:
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LOCATION MAP ! 1 I7
ZBA CASE #99-04
1 ( I 1 1 1 1 I 1
(3 D. Miller A.Nalsh
._________ 0 R-2151-015-
0040-1 R-1504-002-
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r- T.McDonald R. Smith 0150-1 R
R 0140-14 3 R-2151-015- K. Evans s Li � •
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15i 1i O'130-1 � Oi?60-1 /
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R-2151-014- R-2151-014- 'E R-2151-015-
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n R-2151-014- U PRO ' C;� . V S
0100-1 R-�1a 14- a51 O1 _W'
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PROPERTY OWNER NOTIFICATION MAP
ZBA CASE #99-04
NOTIFICATION REPORT
APPLICANT: Ronald &Carolyn Faircloth APPLICATION FILE # ZBA 99-04
324 Bobbie Avenue Wylie, Tx 75098
# BLK/ABST LOT/TRACT TAX I.D. # PROPERTY OWNER NAME ADDRESS
Lot 28 102 S. Carriage House Way
1 10 Westgate Addition R-2151-010-0280-1 Carey Whitehead Wylie, Texas 75098
Lot 29 100 S. Carriage House Way
2 10 Westgate Addition R-2151-010-0290-1 Budmond Randall Wylie, Texas 75098
Lot 7 ,' 6713 Longmeadow Drive
3 12 Westgate Addition R-2151-012-0070-1 Robert Fisher Garland, Texas 75048
Lot 8 601 W. Oak
4 12 Westgate Addition R-2151-012-0080-1 Ray Gautier Wylie, Texas 75098
Lot 9 600 Andersonville Lane
5 12 Westgate Addition R-2151-012-0090-1 Eric Parker Wylie, Texas 75098
Lot 8 104 Pullman Place
6 14 Westgate Addition R-2151-014-0080-1 Daniel Smith Wylie, Texas 75098
Lot 9 102 Pullman Place
7 14 Westgate Addition R-2151-014-0090-1 Osvaldo Morales, Jr. Wylie, Texas 75098
Lot 10 100 Pullman Place
8 14 Westgate Addition R-2151-014-0100-1 Max Dukes Wylie, Texas 75098
Lot 11 101 Carriage House Way
9 14 Westgate Addition R-2151-014-0110-1 Ronald Newton Wylie, Texas 75098
Lot 12 103 Carriage House Way
10 14 Westgate Addition R-2151-014-0120-1 Paul Tallant Wylie, Texas 75098
Lot 13 105 N. Carriage House Way
11 14 Westgate Addition R-2151-014-0130-1 Jeffrey Rhodes Wylie, Texas 75098
Lot 14 107 N. Carriage House Way
12 14 Westgate Addition R-2151-014-0140-1 . Timothy McDonald Wylie, Texas 75098
Lot 4 108 N. Carriage House Way
13 15 Westgate Addition R-2151-015-0040-1 Danna Miller Wylie, Texas 75098
Lot 5 106 N. Carriage House Way
14 15 Westgate Addition R-2151-015-0050-1 Roger Smith Wylie, Texas 75098
Lot 6 104 N. Carriage House Way
15 15 Westgate Addition R-2151-015-0060-1 Charles Roberts Wylie, Texas 75098
Lot 7 102 N. Carriage House Way
16 15 Westgate Addition R-2151-015-0070-1 Thomas Johnson Wylie, Texas 75098
Lot 8 Applicant 100 N. Carriage House Way
17 15 Westgate Addition R-2151-015-0080-1 Ronald Faircloth Wylie, Texas 75098
Lot 15 P.O. Box 532
18 B Rustic Oaks Addn R-1504-002-0150-1 Albert Naish Wylie, Texas 75098 -
Lot 16 611 Rustic Place
19 B Rustic Oaks Addn R-1504-002-0160-1 Kenneth Evans Wylie, Texas 75098
Lot 17 509 Rustic Place
20 B Rustic Oaks Addn R-1504-002-0170-1 Vito Peri , Wylie, Texas 75098
Lot 18 507 Rustic Place
21 B Rustic Oaks Addn R-1504-002-0180-1 Donovan Wallgren Wylie, Texas 75098
Lot 24 504 Oak Street
22 B Rustic Oaks Addn R-1504-002-0240-1 Stephen Smith Wylie, Texas 75098
Lot 25 506 Oak Street
23 B Rustic Oaks Addn R-1504-002-0250-1 Lonita Flitton Wylie, Texas 75098
Lot 26 , 508 Oak Street
24 B Rustic Oaks Abdn R-1504-002-0260-1 Richard Ambriati Wylie, Texas 75098
Lot 27 510 W. Oak Street
25 B Rustic Oaks Addn R-1504-002-0270-1 Michael Christiana Wylie, Texas 75098
Lot 1 509 W. Oak Street
26 C Rustic Oaks Addn R-1504-003-0010-1 Dorian Wilson Wylie, Texas 75098
Lot 2 507 W. Oak Street .
27 C Rustic Oaks Addn R-1504-003-0020-1 James Whitney Wylie, Texas 75098
Lot 3 505 W. Oak Street
28 C Rustic Oaks Addn R-1504-003-0030-1 Thomas McKenna Wylie, Texas 75098
J i U i \ i t)
ZONING BOARD OF ADJUSTMENT
An application has been received by the City of Wylie for a:
PROPOSED VARIANCE FOR AN ENCROACHMENT
INTO REQUIRED SIDE YARD
Board of'Adjustment
ease Number: 99-04
Applicant: Ronald and Carolyn Faircloth
Location: 100 N.Carriage House Way
•
Property Description: (See the attached Exhibit"A"for full legal description)
Request: Variance for a pool within the required side yard setback
This public hearing is held to consider the application as an amendment to the Code of Ordinances of the City of Wylie,Texas.
The request will be heard as follows:
Zoning Board of Adjustment: Monday,November 1,1999,7:00 PM
The public hearing will be held at the following location:
City Council Chambers of the Municipal Complex
2000 Highway 78 North,Wylie,Texas
This notice has been sent to all owners of real property within 200 feet of the request,as such ownership appears on the last
approved city tax roll. All interested persons are encouraged to attend the public hearing and express their opinions on the
variance request. If you are unable to attend,but wish to have your opinions made a part of the public record,please complete
the enclosed form and return it prior to the public hearing. Please print your name,address of the property you own and the
tax account number(if applicable)on the enclosed form and return it to the following address:
City of Wylie
Department of Planning
2000 Highway 78 North
Wylie,TX 75098
The application is on file for public examination in the Planning Department at 2000 Highway 78 North,Wylie,Texas. For
additional information,please contact the Planning Department at 972/442-8150. Please reference the case number when
requesting information.
This facility is wheelchair accessible and handicapped parking spaces are available. Requests for interpretation services or
• assistive hearing devices must be made 48 hours prior to the meeting. Contact the Office of the City Secretary at(972)442-8103,
or(TDD)(972)442-8170 for assistance.
"EXHIBIT A"
Lot 8, Block 15, of Westgate No. 1
:2r !b0N
[
T:! .6L CTR1C I APR G
m'� -�r M.Gc3a��R'•"''" FACILITIES CLEARED u
PcA
0L- ALI, '1'
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/ / 601 \V OOD r�t.HG ON
I oo I '-o
I it
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• 1U LLNO�
{ Ii e IC K • e01°-
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ri 1 pi L i - , ,,
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3rk4SubjeCtit&J.
p%'p _
A oat �I YiNG
1 ‘-`-coyy1✓ _,
avw/self closing , �-- t l Ci U.1 45 0 {
ui�ed for.pools a '' .-- -.- ( ' i
Ch Sec 12 17, '" �v)ricA-10
KO- L., ,Dr- __ %
17 cv.i NCi
WHEN REAL
C,c P
A` •
OTIS MIX
I. CONSTRUCTION OFFICE PAGER
• ;� SINCE 1946 (214) 343-3338
(817) 633-1946
WYLIE CODE .
32�
' 20 3 Side yards.-
ring pool building permit and a certificate
-- - = -=- of occupancy have been issued therefor..No
(1) Eveii part of a required side yard shall be building permit and no final certificate of
open and unobstructed except for accessory
buildings as permitted herein and the or- occupancy shall be issued unless the pro-
dinary projections of windowsills, belt -posed sanitary facilities and water supply ' .
courses, cornices and other architectural comply with applicable local and state health
features not to exceed 12 inches into the • department regulations.
required side yard, and roof eaves project- (2) Requirements. A swimming pool may be
ing not to exceed 36 inches into the re ii constructed and operated when:
°. - quired side yard.Balconies shall not project (a) The pool is not located in any required
.
into the required side yard. : - de yard abutting a street;
front or*side.
(2); For multifamily structures in the /vIF-'and (b) _A wall or fence,not less than six feet in
PD districts,a minimum side yard,or space - ..hel ht - ��•ith--self-enclosin and self-
g g_
.,?.between adjoining buildings; shall be •'15 _....:latching ates at,all entrances, corn-gg.,
- _ . feet between building walls when such walls"
pletely encloses either the.pool area or
have openings for windows and access and the surrounding yard area;
r = s = ten feet when no openings exist _ -
T u (c) All lighting of,the pool is shielded or
(3) :.When a"nonresidentially zoned lot or tract
' directed to face away=from adjoining
r •- abuts upon a zoning district_boundary line . _ residences If lights_are not individu
-
" •, dividing the lot or tract from a residentially
F ally shielded they shall be so laced,or
zoned lot or tract, a minimum side yard of the enclosing wall or fence shall be so
�a ten feet shall be provided for on:the non
_
.: 4 �, .� designed, that tdirect rays..from _the residential property.An opaque wood fence tihghts :shall not be visible from,adia
z or Masonry wall having a minimum height 'cent properties,
..zs '• of six feet above the:average grade of the (d) No broadcasting system is:iised for the r
residential •property shall be constructed t 4pu sing theoperation of -
;;v,.; , �▪ .�onnonresidential property adjacent to the r o eofadverts
P
f ' s common side (or rear) property line or the attraction ofpersons
the pool or f P
to the piemiscs This shall not prevent
}_t- , 25 4.`Rearyards; -`
a public address system necessary or
t-:'-'x f
m _ -�• �`° (1) :The required rear yard shall be -open and useful 'to the`supervision"of the pool
, v ; - .:and-the safety of swimmers; and -.
unobstructed from a point 30 inches above
• -�• t f the average elevation of the graded rear (e) A swimming pool shall be no closer
l< �� r.• _yard; except for accessory buildings as per than five feet from any property line
• { ° ., mute• d herein.Eaves,covered porches;and "26.6 Open storage
I. _` z: -'- roof extensions without structural `support
in the rear yard may extend into the rear 25..E 1 Open storage prohibited in residential
r,4 ti:• 3 districts_:No open storage of commodities, ma-
f : yard a distance not to exceed four•feet. .
Balconies shall not project into the _re tenals,=junk,:or equipment for sale or display
?, shall be permitted.in any residential district
quired rear yard.
r except as provided for. in chapter 26, article II,
k. : , i• �25 5..Swimming pools. It is the purpose of garage and yard sales.
• ,these-provisions to recognize an outdoor swim- 25.6.2. Open storage as an accessory use.
` ` ''.:mmg"pool as a potential attractive nuisance and e n
• -:::-to promote the safety and enjoyment of property 1. Open storage of commodities and materials
-rights by establishing rules and regulations gov- offered for sale shall be permitted as an
.k7 > _
i;-erning the location and improvement of swim- accessory use in the retail,business-1,busi-
r ming pools\:�hether privately,publicly or commer- ness-2, and industrial districts provided
`F ; f cially owned or operated. that such open storage shall:
rya ,(1) Permits and approvals. No swimming pool (a) Be located behind the required build-
i=it yl
• -,- shall be constructed or used until a swim- ing line;
,.F A .
CDA:32
Y.:
APPENDIX A—ZONING § 12:•
shall be a maximum of one story in height and in (3) Minimum dwelling size.The minimum floor ...
no case shall exceed the height of the main _ area of any dwelling shall be 1,100 square
structure
feet, exclusive of garages and-breezeway;
_—-- - -.-.- _- -- - and porches. -
Cooling towers, roofs, gables, chimneys and (4) Lot coverage. In no case shall more than 45
vent stacks may extend for an additional height percent of the total lot area be covered by;
not to exceed 40 feet above the average grade of the main building. Not more than 60:per-:,'- '
ti the building.Water standpipes and tanks, church cent of the total lot may be covered by the
steeples, domes and spires exceeding two stories main structure, accessory buildings, drive- .-
in height may be erected, provided however that ways and parking. .
one additional foot shall be added to the width
and depth of side and rear yards for each foot that 11.4. ,Parking regulations. Two o covered, en •
such structures exceed two stories in height. closed parking spaces per unit behind the front
building line. Off-street parking spaces.shall be
In no event shall any such structure exceed 100 provided in accordance with the requirements for-
feet in height. specific uses set forth in section 24.
(Ord. No. 93-6, § III, 2-9-93; Ord No 94 49, § I,''
11.3. Area regulations.. = _
10 11 94)
(1) Size of yards.
:' Section 12:2F, two-family,residentisl dis
(a) Front yard.There shall be a front yard— - triet regulations
having a depth of not less than-25-feet :(;eneal purpose and description. The 2F=1 [sic)
as measured from the front building ''_ distract is intended to provide the opportunity
line.Where lots have double frontage; '" '
g � have develo mint which is two-family(duplex)m
running through from one street to character,but which encourages individual own
another,-the required front yard shall ership of all dwelling units. This is permitted by r
be provided .on.both streets.` No retypical duplex
:drvidmahe� du lot from front
quired parking shall be allowed within ;_ thug encouraging the sale of each dwelling unit
the required frontyard.A 60-foot set '_ and the land upon which it sits, to the occupant:
back is required for all accessory uses.
12 1 Use "regulations.- A building or premises
(b) Side yard. There'shall be a side yard shall be used only for the following purposes
on each.side of the lot having a width
of not less than six feet. A side yard _ j(1) Two family residence (duplex). _
adjacent to a side street shall.be not (2) Batch plant, temporary"during construe-
=less than_ "20: feet:No side_yard for tion when permitted by code enforcement
allowable nonresidential us-eshall s be w
` and limited to the 'subdivision for
_ hich
less than 25 feet. they are permitted.
(c) Rear yard. There shall be a rear yard, The_following specific uses when granted in
a depth of not-less than 25 feet. accordance with section 23:
(2) Size of lot. (1) Cemetery or mausoleum.
(a) Lot area. No building shall be con- (2) Charitable organization.
strutted on any lot of less than 7,200 (3) University; college or parochial school and
square feet. related facilities (public or private).
(b) Lot width. The average v:idth of the lot (4) Country club or golf course and related
shall not be less than 60 feet. uses such as driving ranges but not includ-
(c) Lot depth. The average depth of the lot ing similar forms of commercial amuse-
shall be not less than 100 feet. ment such as miniature golf.
CDA:11_ .
•
APPENDIX A—ZONING a 34
33.99 Yard, front. An open, unoccupied space No such use, or change of use, shall take place
on a-lot facing a street extending across the front until a certificate of occupancy therefor shall have
-of,alot between the side-lot lines and from the -been issued by_the inspector of building, -
main building to the front lot or street line with
34.2. Procedure for new or altered buildings.
the minimum horizontal distance between the gs•
street line and the main building line as specified Written application fora certificate of occupancy
for the district in which it is located. fora new building or'for an existing building =
which is to be altered shall be made at the same
•
33.100. Yard, rear. An open, unoccupied space,
time as the application for the building permit for
except for accessory building: as herein perm it
such building. Said certificate shall be"i,�ti 2
ted, extending across the rear of a lot from one
within ten days after a written request for the_
side lot line to the other side lot line and having a same has been made to said building inspector or
i
hs or her agent after the erection or alteration of
depth between the building and the rear lot line such building or thereof has been completed
as specified in the district in which the lot is conformity with the provisions of this ordinance `
situated.
34.3. Procedure for vacant land or a change tn`_
33.101. Yard, side. An open, unoccupied space use. Written application for a certificate of occu- r
or spaces on one side or two sides of a'main _pancy for the use of vacant land,or fora change in r t
building and on the same lot with the building, the use of land or a building, or for a change in a-
situated between the building and a side line of, = nonconforming use,_as herein provided,-shall be=
the lot and extending through from the front yard made to said building inspector. If the proposed
to the rear yard.Any lot line, not the rear line or: ' use is in conformity with the provisions of this;F
a front line, shall be deemed a side line ordinance;--the•,certificate of occupancy"therefor '
'shall be issued «ithin ten days after the-applica
33.102. Zoning district map: The official certi tion for same has been-made
fled map upon which the boundaries of the van -• -
34 4 Contents: Every certificate of occupancy
ous zoning districts are drawn and which_is an
integral part. of the zoning ordinance. shall state.that the ng buildi or-the proposed iise of
(Ord. No.: 93 22 V(33.78), 4 7.3 �3; Ord. No. a"buuilding' or land complies with all.provisions of
the building and fire-„,:laws -and :ordinances. 'A
93-36, § II;7-27-93) -. t r
record of all certificae of occupancy shall be kept,
- on file in the office of t'e building inspector or his
Section 34. Certificates..of-occupancy and - or her agent and_copies :shall-be_furnished:on
_ _compliance... :. request to any.person having-proprietary.or ten- _
- . ancy interest in the-building`or".land affected
• 34.1. [Certificate of occupancy required.] Certif
icates of occupancy shall be required for any of the 34.5. Temporary certificate. Pending-the lasU
follo�ring: ance of a regular certificate, a temporary certifi
cate of occupancy may be,issued by the building
- (1) . Occupancy and use-of a building hereafter inspector for a period not exceeding six months,
erected or structurally altered. during the completion of alterations or during
partial occupancy of a pending its com-
(2) Change in use of an existing building to a P S' building
use of a different classification. pletion. Such temporary certificates shall not be
construed as in any way altering the respective
(3) Occupancy and use of vacant land, except rights, duties, or obligations of the owners or of
agricultural use. the city relating to the use or occupancy of the
•
(4) Change in the use of land to a use of a premises or any other matter covered by this
different classification. • ordinance.
(5) Any change in the use of a nonconforming 34.6. Certificates for nonconforming uses. Acer-
`use tificate of occupancy shall be required for all
CDA:61
' §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-
- "`_ -commission-and the city council.-The ad ..' __ = protected
mifristrative 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 coup 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 -
re;aestit� a �riance frr-n the -fi terms ,- ' (a) That special "conditions and •circum-
this ordinance. , :_. stances exist which are peculiar to the
- - land,_structure or building involved
The board shall.have the power to autho :•and:which are not applicable to other
rize upon .appeal;.in_specifc 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
est, where, owing to special conditions a visions of this-ordinance would deprive `
literal enforcement of the. rovisions of this `the applicant of rights commonly en
_ P
ordinance will result-in unnecessary hard ▪ ;` joyed by_other'properties in the same
x shipand so that the s" irit of this ordinance ° y t
. P . _ >;..distnctunder the terms of this ordi
>� -_shall-be observed::and substantial justice x = - ____. ________ __ _
_ - .� nance � _ ;.
i done,including: the follocving `-` � =c,,...,-- i
• (c) That the special conditions and circum
(a)1 Permit a variance in the yard require i w stances do not result from the actions x
`� ments of any district_where'there are ��- • 4
: .: , ���. of the applicant � .a tr
i "- = unusual and practical difficulties or -= <- -
r d) That antin the variance requested
' - -unnecessary hardships in Ole carrying ( - g
i �; will,riot confer on the.applicant:any =,_
out of these provisions due to"an irreg -
• s - - � special;privilege that:is denied by this ,;
- = ulcer shape of the_ lot,�topographical:or = -;, - - -.- �
'other conditions rovided such.sari . . .: • ordinance to other lands,•structures or -
' Pbuildings rn the same district
ancc will not seriously affect any ad .
. joining property or::'the::general.•wel ▪ (e) Na nonconforming use of neighboring
fare. • --lands, structures,'-or:buildings in-the
(b) -Authorize upon: appeal, whenever. a __ __
same district and no permitted use of
lands,structures,or-buildings in other ,
v _ property owner can show that a strict _
. . - application of the terms of this ordi- - d▪ istricts shall'be considered grounds
nance relating to the construction or for the issuance'of a'�ariance. '
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- -
PPity to change any provisions of this ordi-
nance as are in harmony with its gen-
t- 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: `Vords used in the
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