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10-30-2000 (Zoning Board of Adjustment) Agenda Packet • AGENDA Zoning Board of Adjustment WYLIE MUNICIPAL COMPLEX 2000 Highway 78 North, Wylie, Texas 75098 Monday, October 30, 2000 7:00 p.m. CALL TO ORDER CITIZEN PARTICIPATION CONSENT AGENDA ITEMS 1. Consider and act upon approval of the Minutes of the September 25, 2000 Meeting. PUBLIC HEARING ITEMS 1. ZBA No. 2000 — 05:A public hearing to consider and act upon a request by Jay and Gloria Delmar for a variance to Section 2.4 of the Paving Standards requiring that all residential driveway approaches be a minimum distance of 45 feet from the nearest intersecting street, in order to allow construction of a private residential driveway within the front yard: this property being located at 900 Foxwood Lane. Posted Friday, October 27, 2000, 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 MD AT 442-8170. Zoning of Ad • t us men , , , , „ „ , „ } k f . T_ s.. rty of Wylie October 30II2000 Business M eeti n g • AGENDA Zoning Board of Adjustment WYLIE MUNICIPAL COMPLEX 2000 Highway 78 North, Wylie, Texas 75098 Monday, October 30, 2000 7:00 p.m. CALL TO ORDER CITIZEN PARTICIPATION CONSENT AGENDA ITEMS 1. Consider and act upon approval of the Minutes of the September 25, 2000 Meeting. PUBLIC HEARING ITEMS 1. ZBA No. 2000 — 05:A public hearing to consider and act upon a request by Jay and Gloria Delmar for a variance to Section 2.4 of the Paving Standards requiring that all residential driveway approaches be a minimum distance of 45 feet from the nearest intersecting street, in order to allow construction of a private residential driveway within the front yard: this property being located at 900 Foxwood Lane. Posted Friday, October 27, 2000, 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 MD AT 442-8170. rtt: ty of Wylie Public Hearing Item No. 1 ZBA No. 2000-05 Zoning Board of Adjustment Public Hearing: November 30, 2000 Owner/Applicant: Jay and Gloria Delmar Location: 900 Foxwood Lane, Lot 1, Block B of the Heatherwood Estates Addition Request: Variance to Section 2.4 of the Paving Standards requiring that all residential driveway approaches be a minimum distance of 45 feet from the nearest intersecting street, in order to allow construction of a private residential circular driveway within the front yard. Background: 1. The applicant(s) owns and resides at 900 Foxwood Lane. The subject property is a corner lot fronting 115.03 feet on Foxwood and siding 132.65 feet along Castlewood Drive. The side-entry garage of the subject property is accessed/egressed by a driveway 20 feet in width off of Castlewood. 2. The applicant desires to construct a circular driveway in the front yard of the residence. The westernly entry of this proposed drive will be 25 feet from the intersection of Foxwood and Castlewood. 3. Section 2.4 of the Paving Standards requires that "All residential/residential intersecting streets shall have a minimum distance of 45 feet to the nearest driveway approach". The applicant is seeking the variance to enable the construction of the driveway approach at a distance of 25 feet from the intersection, a variance of 20 feet or 44.4%. Section 32.3 (e) of the Zoning Ordinance provides that the Zoning Board of Adjustment may permit a variance to parking and loading requirements 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 be documented: 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 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 building ins 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. Considerations: 1. Public Comment Forms were mailed to nineteen (19) property owners within 200 feet of this request. One (1) Comment Form in support of the requested variance has been returned. 2. Several existing man-made features of the site may impact the location of an additional drive. An existing brick-enclosed mailbox and various utilities are located within the front parkway between the curb and sidewalk. The back yard is currently fenced. However, a building permit has been issued for construction of an additional driveway and parking space off of Castlewood Drive and to the south of the existing drive for parking of the owner's recreation vehicle, and the fence will be relocated as part of that construction. 3. All residences fronting both sides of this block of Foxwood Lane have front access driveways and rear or rear-side accessed garages, except for the corner lots such as the subject property, because there are no rear alleys serving this section of Foxwood. The remainder of the lots within this subdivision are served by rear alleys and have rear entry garages. 4. There are no other front circular driveways along this section of Foxwood Lane or within this immediate vicinity. However, there are two existing front circular drives on the extension of Foxwood east of Akin Elementary School and Allen Boulevard at 315 and 404 Foxwood. 404 Foxwood is a corner lot similar to the subject property and that existing circular drive crosses from Foxwood to Heatherwood Drive with single openings on each of these streets. Financial Considerations: Application fee - Paid Attachments: Location Map Site Plan Illustrating ImprovementsNariances Plot Plan/Legal Description Public Comment Form(s) Property Owner Notification Map Property Owner Notification Report Public Hearing Notice Variance Request Application ,ten Jlf CCL i i org'i Creek Ur.o t 1IIIII1a SUBJECT arm ewoo•o give ! 5 ♦J p ! PROPERTY 4 . _ cm Irive edar . i e ! 41 , 1 1 1 oxwood Lane o Fo wood Lane v o •, . O 0 m o • - m o o c.) C = I-ea herwooc Drive D 1-; , prin woo• c a) o -o c JJIJIJL7iij °- orestedge Lane e • D o- N O o O m - Au umn Hill . Drive Q -3 =III/ gill 11, MP , laill �---_ Stone Road cc i ( i restview 1 ane �'` i i �°o i. i - 'iA, , LOCATION MAP - ZBA CASE #2000-05 ) j l 1 L , 17 ----=- - 1 Ir"— , foorilid. oo' 70 ,_ -_ ___I '---- ,r.....,t 1 I VA/ ,../) At, imwn 5) Q 1:= !C:::: ,S .e•FOXWOOD LANE • .• . ..'. (50' R.O.w.). . 11,', ' , S88'22'00"E .115.03'•.1100.2 _1/2- IRE,_ / 96.61/2" IRE . N5' TU ELECTRIC ` EASEMENT -- _ 25' BLDG. LINE[� 13.5in • - ..99.2 96.4 25.1' Igg,g 8.5'' rn 23.2'15.5' In `~ • N in Z6 ONE STORY BRICK I:1j JLOT 1. BLOCK B o N900 FOXW000 LANE .t � tj ASSUMED FINISH FLOOR M o ELEVATION-100.00 a:: -J r, 1.6' ' .N -Lo i0.6' 4.6' 96.5LOT 2 0 r.� 99.3 w 0� .• tn . , . I . O Liles • ' O Ia Co ,1 ? 20.0' ca r• ') 'r 100.4• [99.5 I^ O 25' BLDG. LINE7.5 PIPELINE EASEMENT VOLUME 2782, PAGE 18 D.R.C.C.T. . • 099.8 96.30 . 1/ " R N88'22'00"W 115.03' 1/2" IRE f • • LOT 12 -= �E OF` �; i tc4•,,N, . •XAVIER CHAPA.. ' '....... 2568 ��. 19 Q u-t-ss p.•04. � •sue / I CONCRETE PP-'s•1 _. •• BEARINGS ARE BASED ON PLAT. ' / This plat is a representation of an on-the-ground survey of the subject property by pers• s under .tread.,"; the lines and dimensions of said property are as indicated hereon; the size, location. and ty.e of buildings and o •er sub- stantial improvements to the property are as shown; the distance of said buildings, if any, from the property line(s) are indicated as measured perpendicular to said property lines. This survey was performed in connection with the GEOGRAPHIC SERVICES INC. transaction described in GF NO. 234723-C-0050 801 BUSINESS PARKWAY SCALE: 1"=90' of DRH Title Co. Use of this �., ►W RICHARDSON. TX. 75081 DATE: 12/Z9/99 for P.O. BOX 851615 survey any other purpose or by any other parties RICHARDSON. TX. 75085-1815 shall be at their own risk and the undersigned Is not ���� ii JOB #: 16407 , responsible to others for any loss resulting therefrom. (972) 238-1515 fax (972) 238-5055 DRAWN BY: PRT PUBLIC COMMENT FORM (Please type or use black ink) Development Services Department 2000 Highway 78 North Wylie,Texas 75098 E7 I am FOR the requested variance as explained on the attached public notice for ZBA Case #2000-05. I am AGAINST the requested variance as explained on the attached public notice for ZBA Case#2000-05. Date, Location&Time of 0-Vex- ZoningBoard of Adjustment meeting: Monday, October 30, 00, 7:00 pm Municipal Complex, 2000 Highway 78 North, Wylie,Texas Name: % G/ 1��>►)� (please print) Address: X'i, pUz) .&./ L/t/,Ut -7-1 7.Y0761' - Wylie Tax Account Number (if shown on enclosed map): q Signature: ec- 7 / J Date: /i2 COMMENTS: r/T^\, i \a / J. Conely D • 0 I R-2052-00A- I r -v R. Sanchez S. Bogart n 0120-1 70 R-2052-00B- R-2052-00B- ) R. Crawford ' 0 R R 0160-1 0130-1 o R-2052-00A- -7 m R-2052-00D- S. O'Neall M. Barnes 0130-1 XI 0040-1 R-2052-00B- R-2052-00B- C. Williams N 0150-1 0140-1 R-2052-00A- — R. Jones 0140-1 • 0 R-2052-00D- C C a s t e w o o c D r C. Phipps C) G 0050-1 R-2052-00A- D Z J. Saucier M. Carson _ 0150-1 m 70 R-2052-OOD- R-4126-OOB- — * Z 0060-1 0120-1 DR HortonOOA- N 0 R 4126 O n ill 0010-1 T. Ragsdale O "AJ. Hampton R-4126-00B- —Ti D. Kemp R-4126-00B- 0020-1 0 6 � 0110-1 X01 R-4126-OOA- O �0 T. Knoblock * 0020-1 oP co 0;It D. Fox Z O • R-4126-00B- 0 D . � R-4126-OOB-� 0100-1 0030-1 0 B. Flynn n . g �� R-4126-00A- o 57 -0 0030-1 9 Q 1 NOTIFICATION REPORT APPLICANT: Jay &Gloria Delmar APPLICATION FILE # 2000-05 900 Foxwood Ln. Wylie, Tx. 75098 # BLK/ABST LOT/TRACT TAX I.D. # PROPERTY OWNER NAME ADDRESS Heatherwood Est. 1901 Ascension Blvd #100 1 A Lot 1 R-4126-00A-0010-1 DR Horton, Ltd Arlington, TX. 76006 Heatherwood Est. 905 Foxwood Lane 2 A 2 R-4126-00A-0020-1 Danny Kemp Wylie, Texas 75098 Heatherwood Est. 909 Foxwood Lane 3 A 3 R-4126-00A-0030-1 Bryce Flynn Wylie, Texas 75098 Heatherwood Est. Applicant 900 Foxwood Lane 4 B 1 R-4126-00B-0010-1 Jay Delmar Wylie, Texas 75098 Heatherwood Est. 904 Foxwood Lane 5 B 2 R-4126-00B-0020-1 Thomas Ragsdale Wylie, Texas 75098 Heatherwood Est. 908 Foxwood Lane 6 B 3 R-4126-00B-0030-1 Terry Knoblock, Jr. Wylie, Texas 75098 Heatherwood Est. 909 Foxwood Lane 7 B 10 R-4126-00B-0110-1 Daniel Fox Wylie, Texas 75098 Heatherwood Est. 905 Heatherwood Drive 8 B 11 R-4126-00B-0110-1 Jon Hampton Wylie, Texas 75098 Heatherwood Est. 901 Heatherwood Drive 9 B 12 R-4126-00B-0120-1 Michael Carson Wylie, Texas 75098 Quail Hollow 823 Foxwood Lane 10 A 12 R-2052-00A-0120-1 Joseph Conely Wylie, Texas 75098 Quail Hollow 825 Foxwood Lane 11 A 13 R-2052-00A-0130-1 Richard Crawford Wylie, Texas 75098 Quail Hollow 827 Foxwood Lane 12 A 14 R-2052-00A-0140-1 Charles Williams Wylie, Texas 75098 Quail Hollow 829 Foxwood Lane 13 A 15 R-2052-00A-0150-1 Clark Phipps Wylie, Texas 75098 Quail Hollow 824 Foxwood Lane 14 B 13 R-2052-00B-0130-1 Stephen Bogart Wylie, Texas 75098 Quail Hollow 826 Foxwood Lane 15 B 14 R-2052-00B-0140-1 Michael Barnes Wylie, Texas 75098 Quail Hollow 827 Heatherwood Drive 16 B 15 R-2052-00B-0150-1 Shawn O'Neal! Wylie, Texas 75098 Quail Hollow 825 Heatherwood Drive 17 B 16 R-2052-00B-0160-1 Russell Sanchez Wylie, Texas 75098 Quail Hollow 824 Heatherwood Drive 18 D 4 R-2052-00D-0040-1 Ronald Ray Wylie, Texas 75098 Quail Hollow 900 Heatherwood Drive 19 D 5 R-2052-00D-0050-1 Richard Jones Wylie, Texas 75098 Quail Hollow 902 Heatherwood Drive 20 D 6 R-2052-00D-0060-1 John Saucier Wylie, Texas 75098 Rush Creek Est. 306 Cedar Ridge Drive 21 C 22 R-1643-00C-0220-1 Lynn Baird Wylie, Texas 75098 Rush Creek Est. 400 Cedar Ridge Drive 22 C 23 R-1643-00C-0230-1 David McAllister Wylie, Texas 75098 Rush Creek Est. 402 Cedar Ridge Drive 23 C 24 R-1643-00C-0240-1 Cindy Vaillancourt Wylie, Texas 75098 P.O. Box 56 24 Abst. 688 Tr. 100 R-6688-004-1000-1 Harry Tibbals Wylie, Texas 75098 25 26 27 _ 28 . 29 30 • NOTICE OF PUBLIC HEARING ZONING BOARD OF ADJUSTMENT An application has been received by the City of Wylie for a: PROPOSED VARIANCE FROM THE REQUIRED DISTANCE OF THE DRIVEWAY FROM THE INTERSECTION OF FOXWOOD LN. & CASTLEWOOD DR. Board of Adjustment Case Number: ZBA No. 2000-05 Applicant: Jay&Gloria Delmar Location: 900 Foxwood Lane Property Description: See the attached Exhibit"A"for full legal description. Request: Variance to the provision, Section 2.4 of the Paving Standards, requiring a 45' distance between a driveway and an intersection. 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,October 30,2000,7:00 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 Development Services Department 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. • APPEAL TO THE BOARD OF ADJUSTMENTS $100 FEE CITY OF WYLIE, TEXAS - (-)A 00 r 0 5 DATE: /o- '"-"B PLEASE TYPE OR PRINT USING BLACK INK DATA RELATIVE TO VARIANCE REQUEST: • Street Address: C.\ - �--�-5 w���0\`--v-x Zoning District: Lot Number: I Block Number: d Addition: 9 I 01/2 _ Z05- Zv7 ? TO THE HONORABLE BOARD OF ADJUSTMENTS: 'VT), 3X1 ��� G. ��� �" Y\Vrno‘'e, , f\�/ G I __ _ (Phone Number) (Applicant), ---1E--3-v->ci (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/ st to grant the following variance request:� / tvsGat ���/ GvXGiJ•rd 7--4,_ 7`� 1;:en t CZ";Vett, 4 �r �O O Fo,Gw o o t� 41 11,'l/k W••d, le,.,„ / ` / 1 V /L ‘1/4�tiG4 dr,'vCli/4 s i ,i Grlo.ta�f c Y�tonv•C�rBdCc !ir Gnf•�tsr, Lti c.r % .•;/-‘ Kf k(/ f'otLf7 In order to make a finding of hardship and to grant a variance, the Board of Adjustments must determine that all oIthe 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 varia 'e does not violate the intent of the ordinance or its ame dments:, z // ".'4 J /� 'It N At e 4, -,e de i h hi 4. di/ iG �I• 2� * /� � .4 r .yndx/• 4. 4 Li t-4 ,,• e. . 4.n ',/ 1 tf"d r41 I -F4 t.111174 e-S. - b. Special conditions of restricted area, shape, topography, or physical features exist that are peculiar to the object parcel of land and are not applible toother parcels of land in the same zonin: iistrict: e GJ.• de4c/eei G74 �. G D.� o i �_ 4;. I e c? .r- G a.,• a c. The hardship is i no way the result of the app icant'sownactigns:��� �•� -7-Zt Z E✓I46P :j <✓u e 4 fe a-- cc1 4 4 AGan rif /•-moo ih� . 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 f°w-. n c( G,prt`L VV/ A e/eV/ .I -.�,4 k �,Orcv f ast S 2 // f/`O.: S/t 0 4= ,Bh'L/t ef.,CG!! ,/" T.4rt f p.or T<«.f4 /1'ue- -,/o ,L4`s+/ ,'it iL ii`S ' p. 2 PLEASE CHECK ONE: k7----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 wil quest this variance before the Board of Adjustments is: ,72- 7 i�2- f S.� y Phone Number Name G� 11� A- 2.f O 9lDA�w• Street ddress City State Zip Code I do hereby certify that the above statements are true and . rect to es . f my knowledge. pplicant's Signature Date . STATE OF TEXAS COUNTY OF COLLIN Subscribed and sworn to before me this the . day of , (.-f© Zi-/ are true and correct jay -Pe lima r , who, on his/her oath certifies that the above statements to the best of his/her knowledge. R03At.IN�GARLAND ��gY p(`„ � J 11i1 1.G�-vim E.� n it y4 R(i otary Public i * State of Texas �. �w+r C,txnm.Exp.02-16-ZOt33 ******************************** 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 . Phone Number • Tenant Name Street Address City State _ Zip Code If the owner of the subject property is not the applicant, by signing below, the owner authorizes the applicant or his authorized representative to make this application on its behalf and to appear before the Board. 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.