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09-25-2000 (Zoning Board of Adjustment) Agenda Packet AGENDA Zoning Board of Adjustment WYLIE MUNICIPAL COMPLEX 2000 Highway 78 North, Wylie, Texas 75098 Monday, September 25, 2000 7:00 p.m. CALL TO ORDER PUBLIC HEARINGS 1. ZBA No. 2000-03: Hold a public hearing to consider and act upon a request from Choice Homes, Inc. for a variance from a platted front building line from 30' to 27' to allow construction of a single family residence, located at 109 Cloudcroft Drive, and being all of Lot 5, Block A, of the Southplace Estates, Phase I Addition, City of Wylie, Collin County, Texas. 2. ZBA No. 2000-04: Hold a public hearing to consider and act upon a request from Mark Clark for a variance to Section 26 (1) of the Zoning Ordinance for an accessory building, to allow a stand alone accessory building, located at 200 S. Cottonbelt Avenue, and being all of Lot 10, Block 12, of Keller's 2nd Addition, City of Wylie, Collin County, Texas. ADJOURNMENT Posted Friday, September 22, 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 TDD AT 442-8170. Zoning Board of Adjustment ,,City of Wylie Regular Business Meeting September 25 , 2000 AGENDA Zoning Board of Adjustment WYLIE MUNICIPAL COMPLEX 2000 Highway 78 North, Wylie, Texas 75098 Monday, September 25, 2000 7:00 p.m. CALL TO ORDER PUBLIC HEARINGS 1. ZBA No. 2000-03: Hold a public hearing to consider and act upon a request from Choice Homes, Inc. for a variance from a platted front building line from 30' to 27' to allow construction of a single family residence, located at 109 Cloudcroft Drive, and being all of Lot 5, Block A, of the Southplace Estates, Phase I Addition, City of Wylie, Collin County, Texas. 2. ZBA No. 2000-04: Hold a public hearing to consider and act upon a request from Mark Clark for a variance to Section 26 (1) of the Zoning Ordinance for an accessory building, to allow a stand alone accessory building, located at 200 S. Cottonbelt Avenue, and being all of Lot 10, Block 12, of Keller's 2nd Addition, City of Wylie, Collin County, Texas. ADJOURNMENT Posted Friday, September 22, 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 TDD AT 442-8170. rt of Wylie Public Hearing Item No. 1 ZBA No. 2000-03 Zoning Board of Adjustment Public Hearing: September 25, 2000 Owner/Applicant: Choice Homes, Inc. Location: 109 Cloudcroft Drive Requested: Variance from a platted front building line from 30' to 27' to allow construction of a single family residence. Summary: Section 10.3 Area Regulations of the Zoning Ordinance sets out the required setbacks within the SF-2 (Single-Family Residential) zoning district as 25'. However, the platted front yard building line on the subdivision plat is 30'. The applicant is seeking the variance to enable the construction of a single family residence of which the garage will extend over the front property line a distance of 3', to the requested 27'. The rear yard of the property in question has existing 20' and 30' utility easements for a total of 50' of unbuildable back yard, making it impossible to relocate the building further to the rear. 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 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. Other Considerations: • Choice Homes originally started construction on a properly permitted home for a customer on a corner lot at 99 Cloudcroft Drive in the Southplace Estates subdivision. After setting the form boards on the lot, they were notified by the City of Wylie that this lot was needed for future right-of-way for the expansion of Ballard Avenue. The City requested that Choice Homes provide the customer another acceptable lot within the subdivision. However, the only lots available along Cloudcroft were smaller than the original lot and have 50' of rear yard easements which will not accommodate a house of the size the customer had planned to construct. The platted front yard building line in this subdivision is 30', requiring a variance of 3' in order to accommodate the garage of the planned house. The requested variance will comply with the 25' front yard setback requirement of the SF-2 zoning district. • No alley provides rear vehicular access to Cloudcroft, and all existing residences have front- accessed garages. • As partly responsible for the relocation, the City of Wylie has waived the application fee. • Public Comment Forms were mailed to eighteen (18) property owners within 200 feet of this request. One form has been returned in favor of the request. Financial Considerations: Application fee - waived Attachments: Location Map Property Owner Notification Map Property Owner Notification Report Public Hearing Notice Excerpts from the Zoning Ordinances Variance Request Application Public Comment Forms Site Plan west Kirby I ..)ucet: - _ ___.- Y free amm'�....,......,...., . / — _— — Milli-MilIIIII gm (!.-, , milion Edon ..._ :T.:F.1 r.,o •e .. . (F. M. ... .. a) • 11111 �. H ci -IIMI._I •� .r, ` t s a Way ', ' •• , ```e fa)cn WV• al P Ira a —Drive ga.4. 4.b - rig I k4•' 41--- -. ,b,„.. \ w se.ijoum � SUBJECT Atiiim.nve \.....--• PROPERTY eD / Is ay > Q a . _ , 1 \ _2__ri. T_i_ __TITT____,:; ouicrokt Dnve I i Drive II] 1 \ _ 5 0 Q}--I 3 0 `o — J o _ m: -: 1 Silvercreek Drive ----- "727- 11 o Lake Travis Dir. i co a _„ _.._.._.._.._.. _.. ' Lake Wichi a Drive i i r1o0 N . a7 c ° f— o co i �G ":i. 1.. a exam° i i olive i i goals .._.._.. Alani • .......2 EFF ___X. LOCATION MAP . • ZBA CASE #2000-03 v W.I.S.D. 1" - 100' R-6023-000-0260-1 r A.a a a r CVO C) e o- �O p� 8 8 1C to .;d se �x hx _� $ U O, : i Le 0 9 c. Y CNN� O. 2 Oi X p. W COW W 6 4, ../� N c a a Cloudcroft Drive R. Burke R. Harris E. Mankel S. Brown R-3829-00C- R-3829-00C- R-3829-00D- R-3829-00B- 0010-1 0100-1 0010-1 0010-1 ) Q) CI D. Melrose M. Howard J. Smith 0 R-3829-00C- R-3829-00C- 0 R-3829-00D- _J 0020-1— 0090-1 _1 0020-1 S. Rlnewatt W.Anderson R-3829-00C- R-3829-00C- CI 0030-1 0080-1 Q.) n _ Q > Silvercreek Drive PROPERTY OWNER NOTIFICATION MAP ZBA CASE #2000-03 NOTIFICATION REPORT APPLICANT: Choice Homes, Inc. APPLICATION FILE # 2000-03 5630 Hwy. 78 Sachse, Texas 75048 # BLK/ABST I LOT/TRACT I TAX I.D. # I PROPERTY OWNER NAME I ADDRESS I I 103 Cloudcroft Drive Southplace Est.1 BIk A Lot 2 R-3829-00A-0020-1 Charles Davis Wylie,10 Texas 75098 5 Clo dsoff Drive Southplace Est. Wylie, Texas 75098 2 BIk A Lot 3 R-3829-00A-0030-1 Aliza West Southplace Est. 107 Cloudcroff Drive 3 Blk A Lot 4 R-3829-00A-0040-1 Kenneth Kelly Wylie, Texas 75098 P Southplace Est. P.O. Box 710071 Texas 75371-0071 4 BIk A Lot 5 R-3829-OOA-0050-1 BallpenVenture Dallas,p,0. Box 1048 Southplace Est. 5 BIk A Lot 6 R-3829-00A-0060-1 Choice Homes, Inc. Arlington, Texas 76004-1048 Southplace Est. P.O. Box 1048 6 BIk A Lot 7 R-3829-00A-0070-1 Choice Homes, Inc. Arlington, Texas 76004-1048 115 Cloudcroft Drive Southplace Est. l 7 BIk A Lot 8 R-3829-00A-0080-1 Kimberly Miller Wylie, Lane0 98 1300 Aspen ie, Texas 75 Southplace Est. l 8 BIk B Lot 1 R-3829-00B-0010-1 Sherry Brown Wylie, Texas 75098 1301 Aspen Lane Southplace Est. Wylie, Texas 75098 9 BIk C Lot 1 R-3829-00C-0010-1 Robert Burke 1303 Aspen L509 Southplace Est. ne W lie, Texas 75098 10 Blk C Lot 2 R-3829-00C-0020-1 David Melrose y Southplace Est. 1305 Aspen Lane Wylie, Texas 75098 11 BIk C Lot 3 R-3829-OOC-0030-1 Sean Rinewalt 1304 Vail Lane Southplace Est. 75098 Texas,lie Wy 12 BIk C Lot 8 R-3829-00C-0080-1 William Anderson lie, Vail Lane Southplace Est. 130Wylie, Texas 75098 13 BIk C Lot 9 R-3829-00C-0090-1 Mary Howard 1300 Vail Lane Southplace Est. 75098 14 Blk C Lot 10 R-3829-00C-0100-1 Randy Harris Wy 301 VailI►e, Texas Lane Southplace Est. Wylie, Texas 75098 15 BIk D Lot 1 R-3829-00D-0010-1 Eric Mankel Southplace Est. 1303 Vail Lane Wylie, Texas 75098 16 BIk D Lot 2 R-3829-00D-0020-1 John Smith 1001 S. Ballard Ave. 75098 Wylie, 17 Abst 23 Tract 26 R-6023-000-0260-1 W.I.S.D. p. Texas. Box 1 Southplace Est. Applicant 048 18 BIk A Lot 5 R-3829-00A-0050-1 Choice Homes, Inc. Arlington, Texas 76004-1048 19 20 21 NOTICE OF PUBLIC HEARING ZONING BOARD OF ADJUSTMENT An application has been received by the City of Wylie for a: PROPOSED VARIANCE FROM FRONT BUILDING LINE SETBACK REQUIREMENT Board of Adjustment Case Number: ZBA No. 2000-03 Applicant: Choice Homes,Inc. Location: 109 Cloudcroft Drive Property Description: See the attached Exhibit"A" for full legal description. Request: Variance to front building line setback requirement 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,September 25,2000,7:00 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. EXHIBIT "A" All of Lot 5, Block A, of the Southplace Estates, Phase I • 10 WYLIE CODE f 10.2. Height regulations. No building shall ex- (3) Minimum dwelling size.The minimum floor ceed two stories in height. Accessary buildings area of any dwelling shall be 1,500 square (I shall be a maximum of one story in height and in feet, exclusive of garages, breezeways and no case shall exceed the height of the main porches. structure. (4) Lot coverage. In no case shall more than 45 �`` Cooling towers, roofs, gables, chimneys and percent of the total lot area be covered by l vent stacks may extend for an additional height the area of the main buildings.Amaximum not to exceed 40 feet above the average grade of of 60 percent of the total lot may be covered the building.Water standpipes and tanks,church by accessory buildings,driveways and park- steeples, domes and spires exceeding two stories ing. in height may be erected, provided however that one additional foot shall be added to the width 10.4. Parking regulations. Two covered, en and depth of side and rear yards for each foot that closed spaces behind the front building line. Off such structures exceed two stories in height. street parking spaces shall be provided in accor dance with the requirements for specific uses set In no event shall any such structure exceed 100 forth in section 24. feet in height. (Ord. No. 93-6, § II, 2-9-93; Ord. No. 94-49, § I, ifte 10.3. Area regulations. 10-11-94) (1) Size of yards. Section 11. SF-3, single-family residential (a) Front yard. There shall be a front yard district regulations. having a depth of not less than 25 feet 11.1. Use regulations. A building or premises as measured from the front property line. Where lots have double frontage, shall be used only for the following purposes: running through from one street to (1) Any use permitted in district SF-1 or SF-2. another, the required front yard shall be provided on both streets. No re- The following specific uses when granted in quired parking shall be allowed within accordance with section 23: the required front yard. A 60-foot set- (1) Cemetery or mausoleum. back, from the property line, is re- quired for all accessory buildings. (2) Charitable organization. (b) Side yard. There shall be a side yard (3) University, college or parochial school and on each side of the lot having a width related facilities (public or private). of not less than seven feet in width for (4) Country club or golf course and related all buildings.A side yard adjacent to a uses such as driving ranges but not includ- side street shall be not less than 20 ing similar forms of commercial amuse- feet. No side yard for allowable nonres- ment such as miniature golf. idential uses shall be less than 25 feet. (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 less than 8,500 (9) Radio, television or microwave tower. square feet. (b) Lot width. The average width of the lot (10) Golf courses, public. shall not be less than 60 feet. (11) Private club. (c) Lot depth. The average depth of the lot 11.2. Height regulations. No building shall ex- shall be not less than 100 feet. ceed two stories in height. Accessory buildings CDA:10 I I APPENDIX A-ZONING §32 (3) Notice of hearing on appeal. The board if such uses are in general conform- shall fix a reasonable time for the hearing ance with the master plan and present of the appeal or other matter referred to it, no conflict or nuisance to adjacent prop- shall give public notice of the hearing, and erties. shall mail notices of such hearing to the (b) To a permit petitioner and to the owners of property public utility or public service or structure in any district,or a lying within 200 feet of any point of the lot public utility of[or] public service build- or portion thereof on which a variation is ing of a ground area and of a height at desired,and to all other persons deemed by variance with those provided for in the the board to be affected thereby. Such own district in which such public utility or ers and persons being determined accord public service building is permitted to ing to the current tax rolls of the city. be located,when found reasonably nec- Depositing of such written notice in the essary for the public health, conve- mail shall be deemed sufficient compliance nience, safety, or general welfare. therewith. (4) Decision by board. The board shall decide (c) To grant a permit for the extension of a the appeal within a reasonable time. Upon use, height or area regulation into an the hearing, any party may appear in per- adjoining district, where the boundary son or by agent or attorney.The board may line of the district divides a lot in a reverse or affirm wholly or partly or may single ownership on the effective date modify the order, requirements, decisions of this ordinance. or determination as in its opinion ought to (d) Permit the reconstruction of a noncon- be made in the premises and, to that end, forming building which has been dam- shall have all powers of the officer or de- aged by explosion, fire, act of God, or partment from whom the appeal is taken. the public enemy, to the extent of more (5) [Concurring vote.] The concurring vote of than 90 percent ofits fair market value, 75 percent of the members of the board where the board finds some compelling shall be necessary to reverse any order, necessity requiring a continuance of requirement, decision or determination of the nonconforming use and the pri- any such administrative official, or to de- mary purpose of continuing the non- cide in favor of the applicant on any matter conforming use is not to continue a upon which it is required to pass under this monopoly. ordinance or to affect any variance in said (e) Waive or reduce the parking and load- ordinance. ing requirements in any of the dis- 32.3. Powers and duties of board. tricts,whenever the character or use of (1) Subpoena witnesses, etc. The board shall the building is such as to make unnec- have the power to subpoena witnesses, essary the full provision of parking or administer oaths and punish for contempt, loading facilities, or where such regu- and may require the production of docu- lations would impose an unreasonable ments, under such regulations as it may hardship upon the use of the lot, as establish. contrasted with merely granting an (2) Appeals based on error. The board shall advantage or a convenience. have the power to hear and decide appeals (3) Variances. An application or request for a where it is alleged there is error of law in variance shall not be heard or granted with any order, requirements, decision or deter- regard to any parcel of property or portion mination made by the building inspector in thereof upon which a concept plan, detail the enforcement of this ordinance. site plan or development plan, preliminary (a) Permit the erection and use of a build- plat or final plat, when required by this ing or the use of premises for railroads ordinance for any parcel of property or CDA:53 1 § 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. 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- 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. t 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 inents 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 «ill 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 (f) Financial hardship shall not be consid- will impose upon him or her unusual ered grounds for the issuance of a and practical difficulties or particular variance. hardship,such variances from the strict (4) Changes. The board shall have no author- application of the terms of this ordi- ity to change any provisions of this ordi- nance as are in harmony with its gen- nance and its jurisdiction is limited to time eral purpose and intent,but only when [sic].The board may not change the district the board is satisfied that a granting of designation of any land either to a more such variation will not merely serve as restrictive or less restrictive zone. a convenience to the applicant,but will alleviate some demonstrable and un- Section 33. Special definitions. usual hardship or difficulty so great as to warrant a variance from the stan- Certain words in this ordinance not heretofore dards or regulations established by this defined are defined as follows: Words used in the CDA:54 UUO U5 APPEAL TO THE BOARD OF ADJUSTMENTS • $100 FE • ,,cam;veCC6- CITY OF WYLIE,TEXAS I •TE: �.6/6. PLEASE TYPE OR PRINT USING BLACK INK DATA RELATIVE TO VARIANCE REQUEST: Street Address: /el 1 0,0d«e l'T /2/t-• Zoning District: Lot Number: 5 Block Number: Addition: Scu f f/�« • TO THE HONORABLE BOARD OF ADJUSTMENTS: t-tIVA S a-1J - 1/1Ai'e- ' m/OZes 17Z- 6 7S- 9217 (Applicant) (Phone Number) rF;70 A/Ivy 7E Tx 7sz' 43 (Street Address City State Zip Code) In accordance with the provisions of the Zoning Ordinance,appeal is now made to the Honorable Board of Adjustments to grant the following variance request: C t.fix qc 1t Fi2cN T t3u,(Gl•Nc3 sz t 99' rc re) 27'• • In order to make a finding of hardship and to grant a variance,the Board of Adjustments must determine that all, of the following conditions are met. State how your request meets these conditions. Please note that the stated hardship shall not be financial nor self-induced. a. The requested variance does not violate the intent of the ordinance or its amendments: .rID rv\csT 5 Er 3hckS -gee 25'. • b. Special conditions of restricted area, shape,topography,or physical features exist that are peculiar to the subject parcel of land and are not applicable to other parcels of land in the same zoning district: W e L.i#u S'o " GA.S E st rT itt/Ne,1 !.v v �iC'_ 7-4, ec, k =,Y cf-Mx c. The hardship is in no way the result of the applicant's own actions: ��vF CI � 5 All.tl<d Tl � ,1;�G(EjL 5� 1( 016' j ( LrT.r . • • d. The interpretation of the provisions in this ordinance or its amendments would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district,that comply with the same provisions: • p.2 PLEASE CHECK ONE; I will represent this variance request at the Board meeting. . I will not be able to represent this'variance request at the Board meeting. My authorized representative,who will request this variance before the Board of Adjustments is: MAT-0_ uk_At- ire °ma-O `9a3'7 Name Phone Number lr.. )t2 `of q$ 50t.c.cro_e ` , Y , X• �Sf7Krb Street Address City State Zip Code I do hereby certify that the above statements are true and correct to the best of my. f'/a..if/1___knowledge. Applic4nt's Sig cure Date • STATE OF TEXAS COUNTY OF COLLIN 11 Subscribed and sworn to before me this the I ( Ak day of (,t_3 aft.aby , •`INlh• t`Mre. .\ .a c ,who,on hi her oath certifies that the above statements are true and correct to the es ,k �1 h� .�1 `"`'' REBECCATOWER•BROWN • �/� li "• MY COMMISSION EVES•:; Qf Augurs 31,2ooz Notary Public PLEASE COMPLETE THE FOLLOWING INFORMATION IF THE PROPERTY OWNER IS SOMEONE OTHER•THAN THE APPLICANT Property Owner Phone Number Street Address City r 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 PUBLIC COMMENT FORM (Please type or use black ink) Development Servidts Department 2000 Highway 78 North Wylie,Texas 75098 VI am FOR the requested variance as explained on the attached public notice for ZBA Case #2000-03. I am AGAINST the requested variance as explained on the attached public notice for ZBA Case#2000-03. 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F. 1 • 14/1 • City of Wylie Public Hearing Item No. 2 ZBA No. 2000-04 Zoning Board of Adjustment Public Hearing: September 25, 2000 Owner/Applicant: Mark Clark Location: 200 South Cottonbelt Avenue Requested: Variance to Section 26 (1) of the Zoning Ordinance to allow a stand alone accessory building on an undeveloped lot. Summary: Section 26.1 Accessory Building Regulations of the Zoning Ordinance states that in a residence or apartment district, an accessory building is a subordinate building exceeding 120 square feet of floor area, attached to or detached from the main building, without separate bath or kitchen facilities, not used for commercial purposes and not rented. 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 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. Other Considerations: • The applicant owns two adjacent lots at 200 and 202 S. Cottonbelt Avenue. There is an existing single family residence with a detached garage at 202 S. Cottonbelt. There is currently no structure at 200 Cottonbelt, maintaining the subject garage for use by that residence. • The applicant wishes to remodel the structure at 202 S. Cottonbelt and then sell it. In order to store construction materials, he wishes to construct a permanent garage at 200 S. Cottonbelt. Once the home at 202 Cottonbelt is sold, he will then construct a single family residence at 200 Cottonbelt. • A stand alone building does not meet the Zoning Ordinance's definition that accessory building be a subordinate building accessory to a main structure. At such time as the residence at 200 S. Cottonbelt is completed, the accessory building will serve as a garage and will therefore comply. • Although a rear unpaved alley serves Cottonbelt, most of the homes have front vehicular access. There are several existing detached garages along Cottonbelt. • Public Comment Forms were mailed to eighteen (18) property owners within 200 feet of this request. Two Public Comment Form have been returned one in favor and one against. Financial Considerations: Application fee - paid Attachments: Location Map Property Owner Notification Map Property Owner Notification Report Public Hearing Notice Excerpts from the Zoning Ordinances Variance Request Application Public Comment Forms ,. - .,• ., - -71 go: i • / en •• a E .a cr,,,--I mii c ---`5 LII mi No ••,. 1..._ MI .1.' SUBJECT ,../ c wir ---- i .1 mi . ,- I.M. mi .. 0 Regret r. Mii mig PROPERTY /, m . iim in , • e IMMO /./ .._.._ Lane ) li 1 ' h !i ii i B r o w n S ree III i ! i i .._; L. • ---,......_ - i i i LH.I r. .._..r. .._; 11 IT Sc i i ! ! West :rown tre:t 0 Last brown Si .- ,.... >i -.... _ -•- .- trc MI 1 < I a) • - ill I ii i _ _ 11 i r A — Je erson Street _ P. .., a) a) c o o _ a) o - 3 Ice 11 I ll"Iiierl 11 II** 1...------ --,— il arble , Street 0111111114e' 4-- gr. —II , M i _ r,.., :Mar. eimmOlk I, _ ihii cn) i s . 1 .." , 11111111d' ri , Street. art c Oak Street __ • _ A _ _ , ....._, . ---L , cliI ,r ..._..,:_ III Eiit Street -..- .'..' . .. '..4 Kilifil tpcaicoll)) v) c) I ' Elemin lee:-------,___ • r mom a) cr) j —r— OP--------); / .o/ i . ,/ • I V'si Li , . . / - = .i Jr_ I 11... i i ourt .." ' Butler Street i • ,. . i ..' , ... ..7"ct....,.. .. j ...' 4aeay S reet L, ...... \,. ..(N.. ., 1.._.......----,_•,..„. , ,. ..,. . . X I LOCATION MAP ZBA CASE #2000-04 • D. O'Hara R-2130-012 • - 0130-1 C. Hall R-2130-010- _ V. Varnadoe 0080-1 o o o' R-2130-012- M. Esquivel �,o t) d)o 2 0120-1 R-2130-010- ui 05 o o O "30 1st Untted Q� 0070-1 & 3 & on- Pentacostal Church > M. Esquivel M. Feagin 11-2130-012-0110-1 < R-2130-010- R-2130-010- 0060-1 0050-1 Elliot Street N T 7 0C N L 8 ° 5oM , �� �,��� �. QOA\ osv M. Foster � o o � 7 �• go • R-2130-011- P O & -' & Jc� G. Watkins -+-� J. Taylor E. Alfaro o 11-2130-012- Q� 11-2130-011- R-2130-011- Q °0 ^ m 0090-1 n 0070-1 0020-1 0 U J — o c o c o S. Bailey ci H. Gracy , U Op � O -J NJ Nc , - -- 2 0 o v o R-2130-012- 0 R-2130-011- -i o o 0^ ' F N. 0080-1 -+J 0060-1 N N O --i O N N O -i + N Wylie Woodlands C. Gracy R-2130-012- U R-2130-011- 0070-1 0050-1 / Fleminc Street / / _____/ I / / Nor / \ • in - j i / /\ /: PROPERTY OWNER NOTIFICATION MAP ZBA CASE #2000-04 NOTIFICATION REPORT APPLICANT: Mark Clark APPLICATION FILE # 2000-04 14815 C.R. 550 Farmersville, TX. 75442 # I BLK/ABST I LOT/TRACT I TAX I.D. # I PROPERTY OWNER NAME I ADDRESS I 1101 Surrey Circle Keller's 2nd Addn. Wylie, Texas 75098 1 BIk. 11 Lot 1 R-2130-011-0010-1 Mickey Foster P.O. Box 1386 Texas 75098 2 BIk. 11 Lot 2 R-2130-011-0020-1 Eduardo Alfaro Wylie,P.O. Box 822 3 BIk. 11 Lot 5 R-2130-011-0050-1 Connie Gracy Wylie, Texas 75098205 S. Cottonbelt Ave. Wylie, Texas 75098 4 BIk. 11 Lot 6 R-2130-011-0060-1 Haskel Gracy 203 S. Cottonbelt Ave. Texas 75098 5 BIk. 11 Lot 7 R-2130-011-0070 1 James Taylor Wylie,P.O. Box 307 75098 Texas ,ylie 6 BIk. 11 Lot 8A R-2130-011-008A-1 Robert Richard Parker W lie, C.R. 2580 Royse City, Texas 75189-4676 Joe L. Davis 7 BIk. 11 Lot 8B R-2130-011-0086-1 4209 Country Club Drive Plano, Texas 75074-3609 8 BIk 12 Lot 7 R 2130-012-0070-1 Wylie Woodlands Apts. Ltd. 204 S. Cottonbelt Ave. 9 BIk 12 Lot 8 R-2130-012-0080-1 Stephanie Bailey Wylie, Texas 75098202 S. Cottonbelt Ave. 10 BIk 12 Lot 9 R 2130 012-0090 1 Gary Watkins Wylie, Texas 750981473 Lakeview Drive Paul, Texas 75098 11 BIk 12 Lot 10 R-2130-012 0100-1 Jesse Watkins St. 363 Tripp Road 12 Blk 12 Lot 11 R-2130-012-0110-1 First United Pentacostal Church Mesquitep, Texas xas 15150-5810 Bo13 Blk 12 Lot 12 R-2130-012-0120-1 Victor Varnadoe Wylie, Texas 75098 3200 Langley Drive 75025-5332 a Texs 14 BIk 12 Lot 13 R-2130-012-0130-1 Daniel O'Hara Plano,P.O.ex Box 32 15 BIk 10 Lot 5 R-2130-010-0050-1 Mark Feagin Wylie, Texas 75098 P.O. Box 1115 16 BIk 10 Lot 6 R-2130-010-0060-1 Martin Esquivel Wylie, Texas 75098 P.O. Box 1115 17 BIk 10 Lot 7 R-2130-010-0070-1 Martin Esquivel Wylie, Texas 75098 103 S. Cottonbelt Ave. 18 BIk 10 Lot 8 R-2130-010-0080-1 Cecil Hall Wylie, Texas 75098 Applicant 14815 C.R. 550 19 BIk 12 Lot 10 R-2130-012-0100-1 Mark Clark Farmersville, Texas 75442 Rustic Oaks 400 Elliot 20 Blk K Lot 15 R-1503-011-0150-1 Beth Grubbs Wylie, Texas 75098 Rustic Oaks 402 Elliot 21 BIk K Lot 16 R-1503-011-0160-1 Waylan Langford Wylie, Texas 75098 Rustic Oaks 404 Elliot 22 Blk K Lot 17 R-1503-011-0170-1 Scott Ruth Wylie, Texas 75098 •. Rustic Oaks 405 Elliot 23 Blk L Lot 13 R-1503-012-0130-1 Gary Langford Wylie, Texas 75098 Rustic Oaks 403 Elliot 24 BIk L Lot 14 R-1503-012-0140-1 Jay salzgeber Wylie, Texas 75098 Rustic Oaks 401 Elliot 25 BIk L Lot 15 R-1503-012-0150-1 L.C. Thompson Wylie, Texas 75098 Rustic Oaks 402 Fleming 26 Blk L Lot 16A R-2207-00L-016A-1 Juan Ruiz Wylie, Texas 75098 Rustic Oaks 400 Fleming 27 BIk L Lot 16B R-2207-00L-016B-1 Julia Pickens Wylie, Texas 75098 Rustic Oaks 406 Fleming 28 BIk L Lot 17A R-2207-00L-017A-1 Jack Bell Wylie, Texas 75098 Rustic Oaks 404 Fleming 29 Blk L Lot 17B R-2207-00L-017E-1 Chuong Lien Wylie, Texas 75098 Rustic Oaks 408 Fleming 30 BIk L 18 R-2207-00L-0180-1 Jennifer McCabe 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 TO ALLOW CONSTRUCTION OF AN ACCESSORY BUILDING WITHOUT A MAIN STRUCTURE Board of Adjustment Case Number: ZBA No. 2000-04 Applicant: Mark Clark Location: 200 Cottonbelt Avenue Property Description: See the attached Exhibit"A"for full legal description. Request: Variance to provision requiring an accessory building to be a subordinate building used only in conjunction with the main building. 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,September 25,2000,7:00 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. • EXHIBIT "A" All of Lot 10, Block 12 of the Keller's 2nd Addition r §25 WYLIE CODE I 25.7. Minimum structure exterior wall stan- C. The minimum exterior wall standards for dards. The exterior wall standards for construc- planned development and specific use per- tion in the various districts shall be in accordance mit shall be of exterior fire resistant con- with the following standards: struction as specified by the amending or- 25.7.1. Exterior wall standards, residential. dinance. A. Exterior wall construction for all struc- D. Exterior wall construction other than in tures to be used as a residence, located in accordance with this section shall be al- any zoning district [shall] consist of a min- lowed only on issuance of a specific use imum of 75 percent masonry or masonry permit,in accordance with section 23 of the veneer. For the purpose of this section zoning ordinance. masonry or masonry veneer are [is] defined 25.7.3. [Percentage of fire resistant construe- as brick, stone, decorative concrete block, tion.] Exterior fire resistant construction as or such other similar material as approved herein specified for residential structures shall by the building official. * See below consist of the designated percentage of the total B. No single wall face of any residence shall exterior wall surface exclusive of windows and contain less than 50 percent of its exposed doors. surface of masonry construction as herein (Ord. No. 93-22, § III,4-13-93; Ord. No. 93-34, § I, specified. 7-27-93) C. Exterior wall construction for residential structures, other than in accordance with Section 26. Accessory building regulations. this section, shall be allowed only on issu- — 26.1. In a residence or apartment district, an ance of a specific use permit, in accordance accessory building is a subordinate building ex- with section 23 of the zoning ordinance. ceeding 120 square feet of floor area, attached to D. Where more than 60 percent of[the] exist- or detached from the main building, without ing number of residential structures along separate bath or kitchen facilities, not used for both sides of a street and lying between the commercial purposes and not rented. two nearest intersecting streets do not meet 26.2. In other districts, an accessory building is the above minimum standards, the build- a subordinate building, the use of which is inci- ing official may allow new construction to dental to and used only in conjunction with the be equal to that majority existing, but in no main building. case less than required by the Uniform Building Code. 26.3. An accessory building is restricted in 25.7.2. Nonresidential exterior wall standards. height to 15 feet or the height of the main struc- A. Minimum exterior wall standards for non- ture, whichever is less. residential structures shall be of at least 75 26.4.Area regulations for accessory buildings in percent brick, stone brick veneer, custom residential and apartment districts. treated tilt wall, decorative concrete block, [or] glass. These standards shall apply to (1) Size of yards. any wall or portion of wall fronting, siding (a) Front yard. Attached front accessory or backing upon a thoroughfare, and on all building shall have a front yard not walls facing or abutting residential zoned less than the main building or as spec- districts. ified in the particular district. Acces- B. This construction standard shall apply to sory buildings and carports shall be the following districts: located in the area defined as the rear R yard. B-1 (b) Side yard. There shall be a side yard B-2 not less than five feet from any side lot I line, alley line, or easement line; ex- * The construction standards applies only to the first floor of a building in the following districts: CDA:34 A, SF-1,SF-2, SF-3, MF, 2F, SF-A. APPENDIX A-ZONING §32 (3) Notice of hearing on appeal. The board if such uses are in general conform- ! shall fix a reasonable time for the hearing ance with the master plan and present i of the appeal or other matter referred to it, no conflict or nuisance to adjacent prop- shall give public notice of the hearing, and erties. shall mail notices of such hearing to the (b) To a permit petitioner and to the owners of property public utility or public service or structure in any district,or a lying within 200 feet of any point of the lot public utility of[or] public service build- or portion thereof on which a variation is ing of a ground area and of a height at desired, and to all other persons deemed by variance with those provided for in the the board to be affected thereby. Such own district in which such public utility or ers and persons being determined accord- public service building is permitted to ing to the current tax rolls of the city. be located,when found reasonably nec- ' Depositing of such written notice in the essary for the public health, conve- mail shall be deemed sufficient compliance nience, safety, or general welfare. therewith. (4) Decision by board. The board shall decide (c) To grant a permit for the extension of a the appeal within a reasonable time. Upon use, height or area regulation into an • the hearing, any party may appear in per- adjoining district, where the boundary son or by agent or attorney.The board may line of the district divides a lot in a reverse or affirm wholly or partly or may single ownership on the effective date modify the order, requirements, decisions of this ordinance. or determination as in its opinion ought to (d) Permit the reconstruction of a noncon- be made in the premises and, to that end, forming building which has been dam- shall have all powers of the officer or de- aged by explosion, fire, act of God, or partment from whom the appeal is taken. the public enemy, to the extent of more (5) [Concurring vote.] The concurring vote of than 90 percent of its fair market value, 75 percent of the members of the board where the board finds some compelling shall be necessary to reverse any order, necessity requiring a continuance of requirement, decision or determination of the nonconforming use and the pri- any such administrative official, or to de- mary purpose of continuing the non- cide in favor of the applicant on any matter conforming use is not to continue a upon which it is required to pass under this monopoly. ordinance or to affect any variance in said (e) Waive or reduce the parking and load- ordinance. ing requirements in any of the dis- 32.3. Powers and duties of board. tricts,whenever the character or use of (1) Subpoena witnesses, etc. The board shall the building is such as to make unnec- have the power to subpoena witnesses, essary the full provision of parking or administer oaths and punish for contempt, loading facilities, or where such regu- and may require the production of docu- lations would impose an unreasonable ments, under such regulations as it may hardship upon the use of the lot, as establish. contrasted with merely granting an (2) Appeals based on error. The board shall advantage or a convenience. have the power to hear and decide appeals (3) Variances. An application or request for a where it is alleged there is error of law in variance shall not be heard or granted with any order, requirements, decision or deter- regard to any parcel of property or portion mination made by the building inspector in thereof upon which a concept plan, detail the enforcement of this ordinance. site plan or development plan, preliminary (a) Permit the erection and use of a build- plat or final plat, when required by this ing or the use of premises for railroads ordinance for any parcel of property or CDA:53 I § 32 WYLIE CODE portion thereof, has not been finally acted ordinance and, at the same time, the upon by both the planning and zoning surrounding property will be properly V commission and the city council. The ad- protected. ministrative procedures and requirements A written application for variance shall be of this ordinance,with regard to both plan- submitted together with a fee, accompa- ning and zoning commission and city coun- nied by an accurate legal description,maps, cil consideration and action, on concept site plans, drawings and any necessary plans, detail site plans, preliminary plats data, demonstrating: and final plats, must be exhausted prior to (a) That special conditions and circum- requesting a variance from the terms of stances exist which are peculiar to the this ordinance. land, structure or building involved and which are not applicable to other t The board shall have the power to autho- and structures, or buildings in the rize upon appeal in specific cases such same district. variance from the terms of this ordinance 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. t 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 (cl) That granting the variance requested unnecessary hardships in the carrying will not confer on the applicant any out of these provisions due to an irreg- special privilege that is denied by this ular shape of the lot, topographical or ordinance to other lands, structures or other conditions, provided such vari- buildings in the same district. 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 (f) Financial hardship shall not be consid- will impose upon him or her unusual ered grounds for the issuance of a and practical difficulties or particular variance. hardship,such variances from the strict (4) Changes. The board shall have no author- application of the terms of this ordi- ity to change any provisions of this ordi- nance as are in harmony with its gen- nance and its jurisdiction is limited to time eral purpose and intent,but only when [sic].The board may not change the district the board is satisfied that a granting of designation of any land either to a more such variation will not merely serve as restrictive or less restrictive zone. a convenience to the applicant,but will alleviate some demonstrable and un- Section 33. Special definitions. usual hardship or difficulty so great as to warrant a variance from the stan- Certain words in this ordinance not heretofore dards or regulations established by this defined are defined as follows: Words used in the CDA:54