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07-26-1999 (Zoning Board of Adjustment) Agenda Packet Zoning Board of Adjustment 0 ; , ano Wylie Regular Business Meeting jj • ,v ) • 1191 AGENDA Zoning Board of Adjustment WYLIE MUNICIPAL COMPLEX 2000 Highway 78 North, Wylie, Texas 75098 July 26, 1999 7:00 p.m. CALL TO ORDER ELECTION OF CHAIRPERSON ELECTION OF VICE-CHAIRPERSON CONSENT AGENDA 1. Consider and Act Upon Approval of the Minutes from the November 18, 1998, Regular Business Meeting. PUBLIC HEARINGS 1. ZBA 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. ADJOURNMENT cflQ/Y1^41-41/4--. Posted Friday, July 22, 1999, at 5:00 p.m. THE WYLIE MUNICIPAL COMPLEX IS WHEELCHAIR ACCESSIBLE.SIGN INTERPRETATION OR OTHER SPECIAL ASSISTANCE FOR DISABLED ATIENDEES 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 Denise Mays Carrie Smith, Secretary Jeff McCoy- Tardy Ken Rybum Weldon Bullock Members Absent: Marilyn Herrera CALL TO ORDER The meeting was called to order at 7:05 P.M. by Chairman Clark. INTRODUCTIONS Jeff McCoy-New Member. CONSENT AGENDA 1. Approval of November 13, 1997, Regular Business Meeting Minutes. Motion: A motion was made by Jeff McCoy, Seconded by Denise Mays to approve the November 13, 1997, Regular Business Meeting Minutes. Motion Carried - all in favor (5). Minutes-Zoning Board of Adjustments July 13, 1998,Regular Business Meeting Page 1 PUBLIC HEARINGS 1. ZBA No. 98-01: Hold a Public Hearing and consider and Act upon a request from the City of Wylie for a variance to Article XII of the City of Wylie Code of Ordinances so as to waive the front yard landscape requirement for the City of Wylie Fire Station generally located along the east side of South Ballard Avenue just north of Alanis Drive, and being all of a 1.502 acre tract of land situated in the Allen Atterberry Survey, Abstract No. 23, City of Wylie, Collin County, Texas. • Tobin Maples Update: Article XII, Section 22-438 (1) of the City of Wylie Code of Ordinances states that every lot within a nonresidential district shall provide a minimum of five percent (5%) of the lot area to be utilized for landscaping with at least one-half(2.5%) of the requirement being located in the front yard. The applicant is requesting a variance to the front yard requirement, due to public safety concerns. Specifically, in order to provide emergency service, it is imperative that the apparatus operator have an unobstructed view while responding to emergency calls. In order to comply with the front yard requirements, landscaping would have to be located within the existing apron or approach and,therefore, obstruct and hinder maneuvering space and access to the apparatus bays. Staff has reviewed this variance and is recommending approval. Five public comment forms were sent out and none were returned. • Discussion Lt. Simms with Wylie Fire Department was present. The green belt will not be affected by this variance. • Public Hearing No one commented. Motion: A motion was made by Jeff McCoy, Seconded by Denise Mays to grant the variance as requested. Motion Carried - all in favor(5). 2. ZBA No. 98-02: Hold a Public Hearing and Consider and Act Upon a request from the City of Wylie for a variance to Article XII of the City of Wylie Code of Ordinances so as to waive the front yard landscape requirement for the new City of Wylie Fire Station generally located along the west side of FM 1378 just north of Brown Street, and being all of a 7.505 ace tract Minutes-Zoning Board of Adjustments July 13, 1998,Regular Business Meeting Page 2 of land situated in the G.W. Gunnell Survey, Abstract No. 351, City of Wylie, Collin County, Texas. • Tobin Maples Update: The identical request for variance of landscape requirements. Staff is recommending approval. No public comments were returned. . • Discussion No one commented. • Public Hearing No one commented. Motion: A motion was made by Jeff McCoy, Seconded by Denise Mays to grant variance as requested. Motion Carried- all in favor(5). ADJOURNMENT Motion: A motion was made by Ken Ryburn, Seconded by Denise Mays to adjourn. Motion Carried- all in favor (5). Vice-Chairman, Gerald Clark Secretary, Carrie Smith Corrected Approved Minutes-Zoning Board of Adjustments July 13, 1998,Regular Business Meeting Page 3 City of Wylie 99-01 Zoning Board of Adjustment Zoning Board of Adjustment Public Hearing: July 26, 1999 Owner/Applicant: Glen Cook Location: 402 Truman Drive (Lot 1, Block F, Presidential Estates) Request: 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 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. The applicant is seeking a variance to this section in order to allow an encroachment into the required 25' side yard in order to construct a private swimming pool. Specifically, the applicant has stated that an existing 15' utility easement across the rear yard prohibits a pool from being located within the rear yard as required. 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. The regulations in Section 9.2(1)(b) Area regulations of the Zoning Ordinance indicate that lots encompassed by the SF-1 (Single Family Residential) zoning district and adjacent to a side street (corner lot) shall include side yard setbacks not less than twenty-five feet (25'). 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. Department of Planning, 07/22/99 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 twenty-five (25) property owners within 200 feet of this request. One Public Comment Form in support of the request has been returned. • Included in your packet is petition of support that was circulated within the neighborhood by the applicant. Financial Considerations: Application fee in the amount of$100.00 - Paid Attachments: Location Map Property Owner Notification Map Property Owner Notification Report Public Hearing Notice Excerpts from the Zoning Ordinances Variance Request Application Survey Plat Department of Planning, 07/22/99 3 25 WYLIE CODE 25.3. Side yards. ming pool building permit and a certificate (1) Every part of a required side yard shall be of occupancy have been issued therefor. No open and unobstructed except for accessory building permit and no final certificate of 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- 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. front or side yard abutting a street; (2) For multifamily structures in the MF and (b) Awall or fence,not less than six feet in PD districts,a minimum side yard,or space height, with self-enclosing and self- between adjoining buildings, shall be 15 latching gates at all entrances, com- 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; ten feet when no openings exist. (c) All lighting of the pool is shielded or (3) When a nonresidentially zoned lot or tract abuts upon a zoning district boundary line directed to face away from adjoining residences. If lights are not individu- dividing the lot or tract from a residentially ally shielded they shall be so placed, or zoned lot or tract, a minimum side yard of the enclosing wall or fence shall be so ten feet shall be provided for on the non- designed, that direct rays from the residential property.An opaque wood fence lights shall not be visible from adja- or masonry wall having a minimum height cent properties; of six feet above the average grade of the residential property shall be constructed (d) No broadcasting system is used for the on nonresidential property adjacent to the purpose of advertising the operation of common side (or rear) property line. the pool or for the attraction of persons to the premises.This shall not prevent 25.4. Rear yards, a public address system necessary or (1) The required rear yard shall be open and useful to the supervision of the pool - unobstructed from a point 30 inches above and the safety of swimmers; and the average elevation of the graded rear (e) A swimming pool shall be no closer yard; except for accessory buildings as per- than five feet from any property line. mitted herein. Eaves, covered porches, and roof extensions without structural support 25.6. Open storage. in the rear yard may extend into the rear 25.6.1. Open storage prohibited in residential yard a distance not to exceed four feet. districts. No open storage of commodities, ma- Balconies shall not project into the re- terials, junk, or equipment for sale or display quired rear yard. shall be permitted in any residential district 25.5. Swimming pools. It is the purpose of except as provided for in chapter 26, article II, these provisions to recognize an outdoor swim garage and yard sales. ming pool as a potential attractive nuisance and 25.6.2. Open storage as an accessory use. 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 erning the location and improvement of swim- accessory use in the retail,business-1, busi- ming pools whether privately;publicly or commer- ness-2, and industrial districts provided cially owned or operated. that such open storage shall: (1) Permits and approvals. No swimming pool (a) Be located behind the required build- shall be constructed or used until a swim- ing line; CDA:32 APPENDIX A-ZONING § 10 9.1. Height regulations. No building shall ex- (c) Lot depth. The average depth of the lot ceed two stories in height.,Accessory buildings shall be not less than 100 feet. 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 1,800 square structure. feet, exclusive of garages, breezeways and Cooling towers, roofs, gables, chimneys and porches. vent stacks may extend for an additional height (4) Lot coverage. In no case shall more than 45 riot to exceed 40 feet above the average grade of percent of the total lot area be covered by the building.Water standpipes and tanks, church the area of the main building.A maximum steeples, domes and spires exceeding two stories total of 60 percent may be covered, includ- in height may be erected, provided however that ing accessory buildings,driveways and park- one additional foot shall be added to the width ing, and depth of side and rear yards for each foot that such structures exceed two stories in height. 9.3. Parking regulations. Two covered, en- closed parking spaces behind the front building In no event shall any such structure exceed 100 line. Off-street parking spaces shall be provided feet in height. in accordance with the requirements for specific 9.2. Area regulations. uses set forth in section 24. (1) Size of yards. • (Ord. No. 93-6, § I, 2-9-93; Ord. No. 94-49, § I, 10-11-94) (a) Front yard. There shall be a front yard having a depth of not less than 25 feet Section 10. SF-2, single-family residential as measured from the front property district regulations. line. Where lots have double frontage, running through from one street to 10.1. Permitted uses. A building or premises _ another, the required front yard shall shall be used only for the following purposes: be provided on both streets. No re- (1) Any use permitted in the SF-1 district. quired parking shall be allowed within the required front yard. There shall be The following specific uses when granted in a 60-foot [setback] (minimum) for all accordance with section 23: accessory buildings or uses. (1) Cemetery or mausoleum. (b) Side yard. There shall be a side yard on each side of the lot having a width (2) Charitable organization: of not less than eight feet in width. A (3) University, college or parochial school and side yard adjacent to a side street shall related facilities (public or private). not be less than 25 feet. No side yard for allowable nonresidential uses shall (4) Country club or golf course and related be less than 25 feet. Minimum side uses such as driving ranges but not includ- yard for accessory uses shall be five ing similar forms of commercial amuse- feet from the property line. ment such as miniature golf. (c) Rear yard. There shall be a rear yard, (5) Day nursery, day camp or child care center. a depth of not less than 25 feet. (6) Electric substation. (2) Size of lot. (7) Museum, library or art gallery. (a) Lot area. No building ,shall be con- (8) Post office. structed on any lot of les's than 10,000 square feet. (9) Radio, television or microwave tower. (b) Lot width. The average width of the lot (10) Golf course, public. shall not be less than 60 feet. (11) Private club. CDA:9 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 a lot between the side lot lines and from the been issued by the inspector of buildings. mdin 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 for the district in which it is located. for a 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 such building. Said certificate shall be issued except for accessory buildings as herein permit- within ten days after a written request for the ted, extending across the rear of a lot from one same has been made to said building inspector or side lot line to the other side lot line and having a 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 fora 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. oFdinance, the certificate of occupancy therefor shall be issued within 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 vari- ous zoning districts are drawn and which is an 34.4. Contents. Every certificate of occupancy integral part of the zoning ordinance. shall state that the building or the proposed use of (Ord. No. 93-22, V(33.78), 4 13 93; 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 certificates of occupancy shall be kept 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 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 issu following: 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 (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. A cer- 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. miriistrative 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- 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- 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- i (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 van buildings in the same district. 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 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 (0 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 PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested variance as explained on the attached public notice for ZBA Case#99-01. I am AGAINST the requested variance as explained on the attached public notice for ZBA Case#99-01. Date,Location&Time of Zoning Board of Adjustment meeting: Monday,July 26, 1999,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: SIuJE Cu/2—TIS (please print) Address: I'v 1 H O iJ Ro F 2 1.0y 5 7-9_ '1G(-3c1 Wylie Tax Account Number n (if shown on enclosed map): 2-4 9 o 9 F- 1p 1 D o •- f r t` Signature: /f/ /(X/4A\ Date: 7 . 1 1 • 9 1' COMMENTS: . . _ _ _ I . McMillen Rd. . -_,, ,N „„:, _ _, _. _ • SUBJECT PROPERTY r . .. . ., . _ _ • . LAM EMI ' \ !ii In_i10.111141111 .( III 1_1 III IL' - • :- r We Brown Street i z • 7/ ....\ • I I • M. 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Draln . . \----- • • —1 • . . . _ . . _ . . _ . . _i . .. - - - NOTIFICATION• — • — bNERPOPERVI N ®NING BOARD CASE #qq-01 NOTIFICATION REPORT APPLICANT: Glen Cook APPLICATION FILE # ZBA 99.01 - - 402 Truman Drive Wylie, Texas 75098 # BLK/ABST LOT/TRACT TAX I.D. # PROPERTY OWNER NAME ADDRESS 406 Grant 1 E 1 R-2249-00E-0010-1 Emmy Hartmann Wylie, Texas 75098 404 Grant 2 E 2 R-2249-00E-0020-1 Carl Gideon Wylie, Texas 75098 - 407 Truman 3 E 7 R-2249-00E-0070-1 Michael Carmack Wylie,Texas 75098 405 Truman 4 E 8 R-2249-00E-0080-1 Gary Light Wylie, Texas 75098 403 Truman 5 E 9 R-2249-00E-0090-1 Eugene Danna -Wylie, Texas 75098 401 Truman 6 E 10 R-2249-00E-0100-1 Christopher Harwell Wylie,Texas 75098 402 Truman 7 F 1 R-2249-00E-0010-1 Michael Ensminger Wylie, Texas 75098 ,. . 404 Truman 8 F 2 R-2249-00E-0020-1 • 'Jerry Meares: Wylie,Texas 75098 406 Truman 9 F 3 R-2249-00E-0030-1 Sandra Benton Wylie,Texas 75098 408 Truman 10 F 4 R-2249-00E-0040-1 , Nancy Prater . Wylie, Texas 75098 407 Monroe 11 F 7 R-2249-00E-0070-1 Robert Morris Wylie, Texas 75098 405 Monroe 12 F 8 R-2249-00E-0080-1 . Frank Kratz Wylie, Texas 75098 , 403 Monroe 13 F 9 R-2249-00E-0090-1 Michael Ketcherside • . Wylie, Texas 75098 401 Monroe 14 F 10 R-2249-00E-0100-1 Steven Curtis Wylie, Texas 75098 402 Monroe 15 G 1 • R-2249-00G-0010-1.•, °_Ronnie IGrk Wylie, Texas 75098 1 404 Monroe 16 G 2 . R-2249-00G-0020-1 Carlos Sosa' , . I:' , Wylie, Texas 75098 1140 Empire Central 17 • I. 2 R-2249-00I-0020.1'. . ,. .. 'Choice Homes 1 • , Dallas, Texas 75247 ' 1613 Kennedy 18 I 3 R-2249-001-0030-1 Gregory McClendon Wylie, Texas 75098 • 1611 Kennedy 19 I 4 R-2249-001-0040=1 Brian Borchers' Wylie, Texas_75098 1601 Kennedy; 20 I 5 R-2249-00I-0050-1 Joseph Arlon Wylie, Texas 75098 1607 Kennedy; 21 I 6 R-2249-001-0060-1 Wayne Woodard Wylie, Texas 75098 1605 Kennedy; ; 22 I 7 R-2249-001-0070-1 George Slone Wylie, Texas 75098 1140 Empire Central 23 I 8 R-2249-00I-0080-1 Choice Homes Dallas, Texas 75247 675 FM 1378 24 Abst 351 Tract 10-9 R-6351-000-0109-1 Jick Drain Wylie, Texas 75098 Applicant 402 Truman 25 F 1 R-2249-00E-0010-1 Glen Cook Wylie, Texas 75098 NOTICE OF PUBLIC HEARING 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 Case Number: 99-01 Applicant: Glen Cook Location: 402 Truman Dr. Property Description: (See the attached Exhibit"A"for full legal description) Request: Variance to construct 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,July 26,1999,7:00 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" All of Lot 1, Block F, of Presidential Estates, City of Wylie, Collin County, Texas. iirivic,,,,r ,,, I." 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DAVID ; JAM ES ,,,,fr,,,,..,, , ,..„... zono x Is not 1:1 flood hanykl cl,v,I •1 I A Al in 1 CI IRV FYORS ,...g'::( or r.,... ., ./;!.'%!\'':...1..,v:.;9r....;/-..:1:!6 sutoct Properly Is locoted In /one - X______ CICCOrdinQ to the f edetol .,..:.:12."22--------------' ________ .__ •‘ • • . • I 'S,' A I_1..I.Y • • .. _ 7i ---wm-...z:•::::-.:--••••••••-----;:.... r ----::-...--- . , .. . . • . . ....• ...j • mr • • . • • \ . . . • . •• •-. S 0°43' 38"E •'. .. 90.00' . . . . • . \ . ____. ___,,,,,.., •,-v- , 06' ____. .,$ i ',!; 1 . •• . 1 1 , . I li - .-- 1 5 UI 11.... F.7.,M r. - . . ' • • . . • . k . / . . ITrICF. —. r: . . . . -r. ----1 -- - •-- ' ' • . u ---- ---1- -' tit • 1 • . • • • • U. • • . '; ,pwo r • i . • • • • • " •" • g l'. _____•____,,.....: . ,..,r. . ,. ... . . . _ . o k . 290 • , • o • , Sri ;,. .- t.•;,•: :rw, . • f‘ _ • N • . ,,D 1 sa ir- ..:/ • 4.4w..• 11 ki(N1 --.... -- 19.7 1 \ • Y•I tr. • tr.: Cr . . . . 1 10.5 / •. 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Wylie., Collin County, Texas , according to the Map thereof recorded in Volnm, .C.e Page 174 , Of the Map Records of Collin County , Texas . 1 1 t 1 02 Truman Drive . . . . . . !I , ' • i -; DAVID JAMES ,... --,,,,,i-;:-.. z,,,,, x is not .:1 flood tuvigd 1 A ni n ql i RV FYORS 1 , ,•;..&,. u ). •:• suoipc I Plopenv Is locnIed In inflP 1.%Y.,.!°/....r. r.',..1-. 6 X.__ - 0C COrdirig to the refirmol APPEAL TO THE BOARD OF ADJUSTMENTS • $I00 FEE Q CITY OF WYLIE, TEXAS • r DATE: (p lr( 1,1 PLEASE TYPE OR PRINT USING BLACK INK , DATA RELATIVE TO VAiUANCE REQUEST: • Street Address: `7 a Z TR v/-4/)--'1) DR_ Zoning District: Lot Number: f Block Number: F Addition: ?RC'S/&-7/T/'9 L- Z 13 • TO THE HONORABLE BOARD OF ADJUSTMENTS: Z� (ooK --- CY7a) yay- a/gam (Applicant) (Phone Number) you / flu��,✓ (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: • . - DJr✓> T/,c Z5 -S/DG-- ,3a/1-1)/ G ���✓L Oil �FfC Sfb /3 tc/G ,��''P - • 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, Slate how your request meets these conditions. Please note that the stated hardship .shail not be financial nor self-induced. • a. The requested variance does nog violate the intent of the ordinance or its amendments: 4- /S (77L/ Z7--5 r✓I T- /9-C/2o c $ 7746— l3,e-c(( o f 7-N-e- ?To?�r� o� k v 7 -Z a,✓ ,g-c/7 a s s 7r-- Liz- t cam, f b. Special conditions of-restricted area, shape, topography, or physical features exist that are peculiar to the subject parcel of land and arc not applicable to other parcels of land in the same zoning district: • c. The hardship is in no way the result of the applicant's own actions: 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: av-11 S6€2/0/om//1/G /IDOL /5 .• CeP-7/ 7-174/S r i,--, At �„ 77 �n/\ ,,. i,2v/ A iM//'f2/ 4K4— /�/wf��R.T __/, L t/L •. p. 2 . . .PLEASE G FLCK ONE: . I will represent this valiance request at the Board meeting. • I will not be able to represent this variance request nt the Board meeting, My authorized repc�sentati �e, who will requestothis/variance before the Board of Adjustments is:Q�a , p�_ , O �o �7ZC� }�,9-r✓S �/ Phone Number Name P� ,� 4°Y Pz ?moo 7 s Street Address City State Zip Code I do hereby certify that the above statements are true and correct to tll±best.of m knowledge. . a-•••••ki--4-15"------ 6...' (^7 Y 7 Applican ' Signature Date STATE OF TEXAS COUNTY OF COLLIN .. q S bscribcd and sworn to before me this the _�/'� _ C�day of _ �-� _ 19� /, by trC DYI , who, on his/her oath ccrtifi thnt the above sta ements are true and correc to the best of knowledge. (• - (Mit.. . ,i-k__ J-11-24 . , CARRIE LYNN SMITH • Nota Pu is „ Notary Public • •%-1 State of Texas • 4444 . . iOarrAW*EXOREK41 3 '4O k *****4***********4****+**+******************************* PLEASE COMPLETE THE FOLLOWING INFOILMATION IF THE PROPERTY OWNER IS SOMEONE OTIIER,THAN THE APPLICANT e-71) (OOK (972) VZp'— Ziez Property Owner Phone Number _ 'f02 %RvP4-r✓ %?/Z IVYi•-// X t 7 5 a 98 Street Address City t State Zip Code ---- Phone Nurhber 'chant Name • Street Address City State . Zip Code If the owner of the subject property is not the applicant, by si ning below, the owner authorizes the applicant or his authorized representative to make this application on its Mall"and to appear before the Board. • Owner Date • STATE OF TEXAS • • COUNTY OF COLLIN .:..-4/174eserle41Z7ti 0") RP/91/C44,14 15 • - .•' . ••••• •••••• . . . - I I! A I I I 'T" • . • : , .. . . ". • •-. S 0°43' 38H E.. •*. ..* 00.00 . . 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F • . .,., .; • ,..., • 1 . • . i • • -4 rpo9 YA-27-413 • i .. •. :1 • _. ,, • i ii • iii. f. • • .. . .. , N 0°43 38 W .'. . . 90.00' • : • . .• '. . • - 1: [ I NO. 402 TRUMAN DRIVE 50' R.o.w. i . At. DESCRIPTION : oing Lot 1 , in Block F, of PRESIDENTIAL ESTATES , on Add i I, i(n) 1.i) the C i I. (‘f . . . yl te , Collin County , Texas , according La the Map 1.noroof rof: dod in t.:(,1nr• i' '•; , Page 174 , of the Map Records of C01.1 in CounLy ,, Texiif.; . i•f-)2 Truman Drive ' . . Di L A N D S U RV EYORS DAVID JM AES . ... .704,i. X 6 1,01 .. no,...1 tum,,,n (,...., ..) • „.,...,•:::-/-,( ,,,ti• r.''' ":-..\ StioiPrt Ploperly i5 locOed In 1-;•-•., • . :,... ,..,:.. ,.7•...,„,..,,,... ,.., ;,..i.4 ,.. ..I R.-1,c.',..: .!....!,\., . . .x 0,..:00„,t, IC, the r To whom it may concern: My name is Glen D. Cook; I reside at 402 Truman drive. This letter is regarding my recent attempts to construct a in ground swimming pool in my back yard. The city of Wylie Building and Zoning Department is refusing to issue a building permit because of a city ordinance stating that swimming pools may not be put in a side yard abutting a common street. They are considering my back yard a side yard because it abuts to Kennedy Dr. I am asking you as my neighbors to sign this petition in hopes of getting the city to make a variance to the ordinance allowing construction of the pool. Thank You, Glen D. Cook • SIGNATrrURE ADDRESS 2,e bcidki,(A j. ,-(/ '^ / V J .....:delLG .ilifi''', Z-) L.; if, . 1 (-)Lk n Or 677 AI it/.,,,,c -x-s%2,'.ut,t, f 17 .; lei.- %(=. '-2 , /.....j II%` t': c i(1-a t�. L I :Zctr -tC l/ Lam` n � / I ___ /D,, /i,r_, 2-b t z. 7 ) - / // ‹,.z.,7,-(-3 Li. C-(4.. 21:...LiaH-Ldtkil \.() -----0 C C4 u7--- ,. __)(-C\ I -_T...(-.21 ,'A t1L_. ___ __C__q 4 a- 6. - . - c/t 0-(-9/ ( .--1 - ibc) 7 /-e 17.7 (&-• a7L1-14.2 ��Z_ 2'D,2 /726:irvoe . /.\, � � 2ti��, :�;:'� 4 0 / 1-4_,,yip,i7E. b t _- .. .l (4.Ct GA4' /i"�cfil4tc 7 '