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04-08-1996 (Zoning Board of Adjustment) Agenda Packet AGENDA
ZONING BOARD OF ADJUSTMENTS
WYLIE MUNICIPAL COMPLEX
April 8, 1996
7:00 pm
CALL TO ORDER
ACTION ITEMS
1. Consider approval of the Minutes of the February 12, 1996 Regular Business
Meeting.
PUBLIC HEARING
1. Hold Public Hearing to consider approval of an appeal from D.R. Horton to the decision
of the Building Official to grant a variance request from the City of Wylie's
Comprehensive Zoning Ordinance to allow a 2' variance off the 10' alley side setback for
property located at 105 Towngate, and further described as Lot 19, Block 1 of the
Westgate Phase I Addition.
ADJOURNMENT
Posted April 5, 1996 @ 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.
Zoning Board of Adjustments
#1 Action Item Re: Approval of Minutes from the February 12, 1996 Meeting
April 8, 1996
Consider approval of the Minutes from the February 12, 1996 Regular Business
Meeting. Note any changes or additions which need to be made.
Zoning Board of Adjustments
MINUTES
The Board of Adjustments Commission met in a Business Meeting on February 12, 1996,
at 7:10 p.m. in the Council Chambers of the Wylie Municipal Complex, located at 2000
Hwy. 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: James Smith, Marilyn Herrera, Ray Capley,
Gerald Clark, and Emily Hartwig.
ABSENT: Robin Messer and Jeff Payne - both excused.
STAFF MEMBERS PRESENT: Director of Community Development - Mike Phillips,
Technical Coordinator - Lisa Price, Chief of Fire Department - Shan English and
Secretary - Rebecca Rogers.
ACTION ITEMS
ITEM NO. 1: Consider approval of the Minutes of the September 11, 1995 Regular
Business Meeting. A motion was made by Ray Capley and seconded by Marilyn Herrera
to approval the Minutes as typed. Motion was passed, all in favor - 5 votes.
ITEM NO. 2: Discuss and Clarify approval to allow the Building Official to approve or deny
any variance request for existing structures for minor encroachments of the required
building line on corner lots for the side yard up to 2'. Mike Phillips, Director of Community
Development explained that staff had been contacted by a real estate person with an
example that Staff forgot, the exterior side yard on a double fronted (corner) lot. Mr.
Phillips requested to extend the side yard on a corner lot to 2 feet as with the front and
rear setbacks because the side yard setback is similar to the front and rear yard setback.
The board had expressly given Staff a one foot side yard allowance. Chairman Clark
questioned if the Board had decided that the total of the front and rear should not exceed
two feet and Mr. Phillips replied that this was correct. Mr. Phillips stated that the Piano
Building Official wrote these letters all the time and he can't remember one instance where
it encroached on both sides or front and rear setbacks, it is typically one or the other.
Chairman Clark questioned if staff was requesting to delete the one foot side yard setback
encroachment. Mr. Phillips replied that Staff did not want to delete the one foot side yard
setback encroachment, but wanted to add the two foot side yard setback encroachment
for corner lots because the corner lot side yard setback is the same as the front yard
setback. There is not any danger with the encroachment interfering with the visibility
triangle because the minimum width on a side yard is twenty (20) feet and some of the
older subdivisions are platted with a twenty-five (25) foot building line for the side yard.
Chairman Clark asked if staff would send another letter out or approve it tonight. Mr.
Phillips replied that we could send another letter out if that was the Board's preference.
A motion was made by Ray Capley and seconded by Emily Hartwig to approve the building
line encroachment request as requested by the Building Official up to two foot on exterior
sides of houses on corner lots. Motion passed, all in favor - 5 votes.
PUBLIC HEARING
ITEM NO. 1: Hold Public Hearing to consider approval of an appeal from Mike Belt to the
decision of the Building Official denying the elimination of a rear yard dedicated alley or
private drive to be constructed at 500 W. Kirby Street, and further described as Lot 2D of
the Moussa Switzer Addition. Chairman Clark opened the Public Hearing. Mike Belt, of
Rt. 2, Box 10N, Rockwall, Texas 75087 was present to speak on his behalf. Mr. Belt
stated that he was going to build a 4,800 sq. ft. retail building. In the application process
he learned that he needed a dedicated alley or private drive at the rear of the building.
The only reason that Staff could come up with for this drive was for Fire Department
access. Mr. Belt, Mr. Phillips and Chief English met and discussed sprinkling the building
instead of having the private drive/dedicated alley. Mr. Belt did not see the purpose of
sprinkling the building and having to provide the private drive/dedicated alley because
further retail construction is planned for the future which would make the dedicated
alley/private drive unnecessary. Mike Belt provided a copy of the entire proposed
development for the Board members to review and discuss. James Smith questioned if
the 20 foot setback was a requirement for the Fire Dept. and Mr. Phillips replied that was
a requirement of the Zoning Ordinance. Mr. Smith stated that if you include Mr. Belt's
mechanical units, it encroaches into the twenty feet. Mr. Phillips replied that this was true,
but if the building was sprinkled those units could be moved to another area. Mr. Belt
showed on the plans where the mechanical could also be placed. A fire exit will be
provided. Mr. Capley asked if the City had any objections to these plans. Chief English
replied that they preferred for the building to be sprinkled and that they didn't really have
any use for the private drive/dedicated alley. Mr. Capley questioned if sidewalks would
be provided and Mr. Phillips replied that sidewalks are required along the front of his
property (Kirby Street). A motion was made by James Smith to approve an appeal from
Mike Belt to the decision of the Building Official denying the elimination of a rear yard
dedicated alley or private drive to be constructed at 500 W. Kirby Street, and further
described as Lot 2D of the Moussa Switzer Addition, seconded by Ray Capley. Motion
passed, all in favor - 5 votes.
Chairman Clark asked if there was any other business. Mr. Capley had a question for Mr.
Phillips concerning the status of The Cornerstone Private School's request for a variance
2
on their side sidewalk requirement (that had originally gone before the Board). Mr. Capley
questioned how the Planning and Zoning Commission ruled on this request. Mr. Phillips
stated that it had gone before the Board of Adjustments in error, that the 1993 Subdivision
Regulations specifically state that it should have gone before the Planning and Zoning
Commission. The old Subdivision Requirements which are in the Code of Ordinances has
the "Board" as the variance grantor and this is where the confusion came in. It was
assumed by several City employees that the 'Board" referred to the Board of Adjustments.
The Planning and Zoning Commission ruled to approve the request to eliminate the side
sidewalk on Industrial Court. Mr. Capley asked if it was all zoned Industrial and Mr.
Phillips replied that it was all Industrial except for Cornerstone which had been rezoned
to Retail. Mr. Capley then questioned why there was a gymnastics school in Industrial and
Mr. Phillips replied that it is permitted. Anything that is allowed in "R", B-1" and "B-2" is
permitted in T. Mr. Capley expressed concern in having children walking up and down
this street with no sidewalk. Mr. Phillips replied that no sidewalks were down Industrial
Court, it is all head in parking.
Chairman Clark requested that a memo be sent to Jeff Payne and Robin Messer stating
that they needed to see the City Secretary to get sworn in before the next meeting.
ADJOURNMENT
A motion to adjourn the meeting was made by Emily Hartwig and seconded by James
Smith. Motion passed, all in favor - 5 votes.
•
Respectfully submitted,
Gerald Clark, Chairman Rebecca Rogers, Secretary
Minutes filed on 2/13/96 @ 2:00 p.m.
3
Zoning Board of Adjustments
#1 Public Hearing Item Re: Request for side setback variance
April 8, 1996
D.R. Horton is requesting a variance from the City of Wylie's Comprehensive Zoning
Ordinance to allow for a 2' deviation off of the 10' alley side setback for the property
located at 105 Towngate in the Westgate, Phase I Additon.
Public Hearing Notifications were sent to all property owners within 200' of the property
and to date, two have been returned in favor of the variance request.
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CITY OF WYLIE
2000 HWY. 78N.-P.O. BOX 428
WYLIE,TEXAS 75098
(214)442-8100 • FAX 442-4302
PUBLIC HEARING NOTICE
The Zoning Board of Adjustments of the City of Wylie, Texas will hold a Public Hearing on
Monday April 8, 1996 at 7:00 p.m. in the City Council Chambers in the Wylie Municipal
Complex located at 2000 Highway 78 North, to consider approval of an appeal from D.R.
Horton to the decision of the Building Official to grant a 2' variance off the 10' alley side
setback for property located at 105 Towngate, and further described as follows:
Lot 19, Block 1 of the Westgate Phase I Addition
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 - Horton
Return this form to : Lisa Price, Technical Coordinator
P.O. Box 428 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. . •
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3.
Signature -';� —%`l�6c
Printed amen Recis'Y
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CITY OF WYLIL
2000 HWY. 78N.-P.O. BOX 428
WYLIE,TEXAS 75098
(214) 442-8100 • FAX 442-4302
PUBLIC HEARING NOTICE
The Zoning Board of Adjustments of the City of Wylie, Texas will hold a Public Hearing on
Monday April 8, 1996 at 7:00 p.m. in the City Council Chambers in the Wylie Municipal
Complex located at 2000 Highway 78 North, to consider approval of an appeal from D.R.
Horton to the decision of the Building Official to grant a 2' variance off the 10' alley side
setback for property located at 105 Towngate, and further described as follows:
Lot 19, Block 1 of the Westgate Phase I Addition
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 - Horton
Return this form to : Lisa Price, Technical Coordinator
P.O. Box 428 . 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.
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3.
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APPEAL TO THE BOARD OF ADJUSTMENTS $100 FEE
CITY OF WYLIE, TEXAS DATE: 5/7060
PLEASE TYPE OR PRINT USING BLACK INK
DATA RELATIVE TO VARIANCE REQUEST:Street Address: O 5- c) ALz g p
? (3 jZonin District: Z
Lot Number: / 9 Block Number: / Addition: (4) .rTGArE PNnSF Z
TO THE HONORABLE BOARD OF ADJUSTMENTS:
(Applicant) (Phone Number)
/9C) ( 4.f'cr'/v ri O,v /3/i/ce. .5 / T; /C U 7)( 76 006
(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:
2 ' //iQ/Z/// Jc C / O / /QLI / - $/G?cr ssT ei/-�C./(
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:
T7-7v /./Z of osc d Y/!/Z /t/C f i5 CONS/Siy,,,T co I7/( 0?Wf f/0/77cc J'
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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:
/,' C C. /N Cfae-,s /�-� / ook C./K�' T//�: rc.-Vd 7/`2 0 > —fc4 /)/v/J/.�� - i�l►.Yv.
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c. The hardship is in no way the result of the applicant's own actions:
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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:
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PLEASE CHECK ONE:
I 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:
AI/6 —SoA) ffaL/Si.v—i: ( b R /1c/e7o,v) y _ OS-0
Name Phone Number
60z 6n7crk) , U
y /3cI /.uyyf ix 7S o7J
Street Address City State Zip Code
I do hereby certify that the above statements are true and correct to the best of my knowledge.
/ C S e2.' ''1--,./1 / 0`6 e—'-;- Jz- ..,? _l2.,7 6
Applicant's Si„ . . re Date
STATE OF TEXAS
COUNTY OF COLLIN
Su cribed and sworn to before me this the /.2 day of 19 9.' , by
on l.SS- his/her oath certifies tha the above statements are true and correct
to the best is/her �:nowl 6( .sHULER
} No$ry Public
�\ • State of Texas
r,m. Expiroy 7-22.2000 Notary Public .
******************************************************************************************
PLEASE COMPLETE THE FOLLOWING INFORMATION IF THE PROPERTY OWNER IS SOMEONE
OTHER THAN THE APPLICANT
Property Owner Phone Number
Street Address City State Zip Code
Tenant Name Phone Number
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.
Owner Date
STATE OF TEXAS
COUNTY OF COLLIN
Subscribed and sworn to before me this the day of 19 , by
, who, on his/her oath certifies that the above statements are true and correct
to the best of his/her knowledge.
Notary Public
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NOTIFICATION REPORT
APPLICANT:
2 -40( /"\ APPLICATION FILE#
Name &Address
ATTORNEY, AGENT:
Name &Address
BLK/ABST LOT/TRACT SUBDIVISION PROPERTY OWNER NAME ADDRESS
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