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05-24-2000 (Zoning Board of Adjustment) Agenda Packet AGENDA Zoning Board of Adjustment WYLIE MUNICIPAL COMPLEX 2000 Highway 78 North, Wylie, Texas 75098 Wednesday, May 24, 2000 7:00 p.m. CALL TO ORDER CONSENT AGENDA ITEMS 1. Consider and Act Upon Approval of the Minutes from the November 1, 1999, Regular Business Meeting. PUBLIC HEARINGS 1. ZBA No. 2000-01: Hold a Public Hearing and Consider and Act Upon a request from Richard Parker for a variance to Section 19.3 (1) (c) of the Zoning Ordinance from the required Rear Yard Setbacks of 20' in the B-2 (Business) District to the requested 0', to allow construction within the required rear yard setback, and being all of Lot 1, Block A, of The Parker Addition, City of Wylie, Collin County, Texas. 2. ZBA No. 2000-02: Hold a Public Hearing and Consider and Act Upon a request from Kerry C. Hunt-Currin for a variance to Section 25.5 (2) (a) of the Zoning Ordinance for an existing nonconforming swimming pool within the required side yard setback, and being all of Lot 11, Block 14, of Newport Harbor, Phase I, an Addition to the City of Wylie, Collin County, Texas, located at 1501 Schooner Bay. ADJOURNMENT Posted Friday, May 19, 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 . r ' ; • t -City of *lie Called Business Meeting May 24 , 2000 AGENDA Zoning Board of Adjustment WYLIE MUNICIPAL COMPLEX 2000 Highway 78 North, Wylie, Texas 75098 Wednesday, May 24, 2000 7:00 p.m. CALL TO ORDER CONSENT AGENDA ITEMS 1. Consider and Act Upon Approval of the Minutes from the November 1, 1999, Regular Business Meeting. PUBLIC HEARINGS 1. ZBA No. 2000-01: Hold a Public Hearing and Consider and Act Upon a request from Richard Parker for a variance to Section 19.3 (1) (c) of the Zoning Ordinance from the required Rear Yard Setbacks of 20' in the B-2 (Business) District to the requested 0', to allow construction within the required rear yard setback, and being all of Lot 1, Block A, of The Parker Addition, City of Wylie, Collin County, Texas. 2. ZBA No. 2000-02: Hold a Public Hearing and Consider and Act Upon a request from Kerry C. Hunt-Currin for a variance to Section 25.5 (2) (a) of the Zoning Ordinance for an existing nonconforming swimming pool within the required side yard setback, and being all of Lot 11, Block 14, of Newport Harbor, Phase I, an Addition to the City of Wylie, Collin County, Texas, located at 1501 Schooner Bay. ADJOURNMENT Posted Friday, May 19, 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. City of Wylie Consent Agenda Item No. 1 Zoning Board of Adjustment Called Business Meeting: May 24, 2000 Consent Item No. 1 Re: Consider and Act Upon Approval of the Minutes from the November 1, 1999 Regular Business meeting. 1. Consider and Act Upon Approval of the Minutes from the November 1, 1999 Regular Business Meeting. Please note any changes or additions which need to be made. MINUTES ZONING BOARD OF ADJUSTMENT WYLIE MUNICIPAL COMPLEX 2000 Highway 78 North, Wylie, Texas 75098 Regular Business Meeting November 1, 1999 7:00 P.M. A quorum was present and a notice was posted in the time and manner required by law. Members Present: Staff Present: Gerald Clark, Chairman Tobin Maples, Planning Director Marilyn Ilerrera Carrie Smith, Secretary Jeff McCoy, Vice Chairman Mindy Manson, Asst. City Mgr. Weldon Bullock Derek Green- not present CALL TO ORDER The meeting was called to order at 7:05 P.M. by Chairman , Gerald Clark CONSENT AGENDA 1. Approval of July 13, 1998, Regular Business Meeting Minutes Motion: A motion was made by Marilyn Herrera, Seconded by Jeff McCoy to approve the July 13, 1998,Regular Business Meeting Minutes as written. Motion carried (4-0). PUBLIC HEARINGS 1. ZBA 99-03: Hold a Public Hearing and Consider and Act upon a request from Richard Parker for a variance to Section 19.3 (1) (c ) from the required Rear Yard Setbacks of 20' in the B-2 District to the requested 0' to allow construction within the required rear yard setback. Property location : 2555 W. FM 544. Mindy Manson updated that property zoned B-2, 20' rear yard backs to railroad and F.M. 544. Variances from 20' to 0'. No reply from public comment forms. Minutes-Planning and Zoning Commission November 1. 1999 Regular Business Meeting Page. I Applicant Richard Parker spoke: • New structure located to east. • No formal application has been submitted. Mr. Parker would like a buffer from trains and Party Barn. • This for rear property only. • Party Barn is 12 ft. from railroad at closest point. • Fence or wall can be placed on property line. • Property was annexed in 1995. • 100 ft buffer is owned by DART along railroad. • What type of traffic impact on F.M. 544. • Has spoke with City of Wylie staff and Wylie Fire Department. Board Discussion concerning added traffic and �o are legitimate hardships with awarding ianTlus would whole length of property. Mindy Manson added 5 definitely be in that 5% range. B-2 zoning offers a wide range of business opportunities. Building Code will regulate building standards. Motion: A motion was made by Jeff McCoy, Seconded by Marilyn Herrera to recommend approval of the variance. Motion denied due to lack of vote, (3-1) Gerald Clark denied. 2. ZBA No. 99-04: Hold a Public Hearing and Consider and Act upon a request from Ronald and Carolyn Faircloth for a variance to Section 25.5 (2) (a) Swimming wit n the of the Zoning Ordinance for an existing nonconforming swimming p required side yard setback. Property located 100 Carriage House Way. Mindy Manson updated the City issued the permit in 1995 in error and pool has already been built. One public comment form returned in favor of applicants Ronald and Carolyn Faircloth. Applicant Carolyn Faircloth spoke: • Bought property in 1998. • Error discovered September, 1999. Board discussed asking City Council to review and change City Ordinance. Motion: A motion was made by Marilyn Herrera, Seconded by Jeff McCoy to recommend approval of the variance. Motion carried (4-0) Minutes-Planning and Zoning Commission November 1,1999 Regular Business Meeting Page 2 ACTION ITEM 3. Discuss and Consider the Establishment of a Standard Monthly Meeting Date for the Zoning Board of Adjustment. Intent to have a fixed, day, time. It was agreed to have the meeting on the 4`h Monday of month at 7:00 p.m. ADJOURNMENT Motion: A motion was made by Jeff McCoy, Seconded by Weldon Bullock to adjourn. Motion carried (4-0). Meeting adjourned at 7:45 p.m. Minutes-Planning and Zoning Commission November 1, 1999 Regular Business Meeting Pagc 3 • • • City Of Wylie Public Hearing Item No. 1 ZBA No. 2000-01 Zoning Board of Adjustment Public Hearing: May 24, 2000 Owner/Applicant: Richard Parker Location: 2555 W. Fm 544 Requested: Variance to Section 19.3 (1) (c) from the required Rear Yard Setbacks of 20' in the B-2 district to the requested 0', to allow construction within the required rear yard setback Summary: Section 19.3 Area Regulations of the Zoning Ordinance sets out the required setbacks within the B-2 (Business) zoning district;the required rear yard setback being 20'. The applicant is seeking the variance which would enable the construction of buildings on the back property line (a 0' setback). The rear yard of the property in question is adjacent to a 100' railroad right-of-way. The existing buildings on the property were in place prior to the annexation of the property in 1995 and are legal, nonconforming structures. Section 33.100 Yard, rear defines the rear yard as an open, unoccupied space, except for accessory buildings, extending across the rear of a lot from one side lot line to the other side lot line and having a depth between the building and rear lot line as specified in the district in which the lot is situated. The yard or setback requirements are designed to protect adjacent property owners and citizens from potential intrusions by providing and open, unoccupied space as a buffer. Section 32.3 (3) Powers and duties states that the Zoning Board of Adjustment may permit a variance to the yard requirements of any district where there are unusual and practical difficulties or unnecessary hardships in the carrying out of these provisions due to an irregular shape of the lot, topographical or other conditions, provided such variance will not seriously affect any adjoining property or the general welfare. However, said section does specifically state that in order to grant a variance,the following conditions shall or shall not exist: a) That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures, or buildings in the same district. b) That literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this ordinance. c) That the special conditions and circumstances do not result from the actions of the applicant. d) That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, structures, or buildings in the same district. e) No nonconforming use of neighboring lands, structures, or buildings in the same district and no permitted use of lands, structures, or 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: • Public Comment Forms were mailed to nine (9) property owners within 200 feet of this request. One (1) Public Comment Form in favor of the variance has been returned. • At the November 1, 1999, Zoning Board of Adjustment meeting, the Board voted by 3-1 to approve this case. However, Section 32.2 (4) of the Zoning Ordinance states that the concurring vote of 75% of the members of the board shall be necessary to decide in favor of the applicant (4 of 5 members or 4 of 4 members). As a result, the case was denied by default due to failure to achieve the necessary 75% vote (minimum of 4 of 5 member board must approve). • The site plan under consideration has been approved by both the Planning and Zoning Commission and City Council subject to Zoning Board of Adjustment approval of the variance request. Should the Board approve the variance, the applicant is aware that a final plat must be approved by the City Council prior to the issuance of building permits. Financial Considerations: Application fee -Paid Attachments: Interpretation Location Map Property Owner Notification Map Property Owner Notification Report Public Hearing Notice Excerpts from the Zoning Ordinances Variance Request Application Site Plan '11 / / 1 1 i 1 1 1 _MIL- ..:._i Ei I : 1 �_ ...----...,,010111111b:b. �y r�.,ar.JC' I , (, IF ,, ��/ l H a Illl irk �.uug ma I _pot i,I ov`tu l i 'I I SUBJECT //if to PROPERTY :r� {�L• ',I �a �i. �_ q�.,����� nwm_ /`. Otit iiiiii i NI'Ifillini nAW 4P MI ■ ram : IM _1 - -\\- II- ma -1111111101 MI NMI IMP /ES `I■ I III ` ' •.,,,,,... e„,...,..4, .•�3�. . ." t �t�, I , tttllL ..Y.,r „ 7 ,, J 1 Amp Ix in, ❑ ziks ••rrnrrn mmrn iluuuon unmr,J rrruuurn nlnn MU TWO r wtlulrulltf�• I.Uluutllll'�� P. I111HIIIIIII LOCATION MAP ZBA CASE #2000-01 NUME1ERDIRECTION DISTANCE LI N 09.31'49''E f3-2.07'_ R.01:14,6°.) L L2 S 09.3,49-W 68.13' ZONING:AG ------------_ ---------___ --__________ _ MI- . • PAik, , LC 623.90 - -_________ L 825.19' 6.1i° 1.0°0 12°. 160 R 2814.79' ------____ - ------ Scale l = 60' ____.__ D. A. R. T. (100 R.O.;.) 1.• ve,,,, --, °' 11-111.1- III I i ro, Illitiviii -, D, A N 88.24.02"E 395.44' ,4166,\ __ ,, 7'8'472,443 31 i '''' 1 ' 0 ''LOT 1 I',' 1--('' '''''-' --------:"'ZONING.'ez -- 11.---... .w La . R. T LOCATION MAP t2C.,c. ,i• '7,— " ',--', ,a r,-7-i,ii,, , - 114' 6', ' 1- a ''..— ---- .A,'...,--- — .,', , aumpoobi. - ' '4, --.', /':' LIIIIIII. , S 8,, IIII- 141111 ' "Ir 0 /... ......„..%"I',1.1. ,,V:.,',N,-." -----...1•11 60 oo, .... ,25''E 397 , I, ......... 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A'''' :::--------, OWNER'S CERTIFICATE %' \ COUNTY OF COLLIN BLOCK A % \ ZONING,AG -..../ / R.RICHARD PARKER -ThZ, \ ----, , REMAINDER TRACT . ------- IVO 6/e, WHEREAS,R.Richard Parker,is the Owner of a tract of land situated in the J.W.Curtis Survey, -____, Abstract No.196 and in the M.Millron Survey,Abstract No.563,Collin County,Texas and being part of a 6.902 acre tract..land conveyed to Ft.Richard Parker by-deed recorded under -------__POINT OF -----_,:---____ -,_ /// , 1.470 ACRES , ... .357114C County Clerk's File Number 93-0094964,Deed Records,Collin County,Texas and being more BEGINNING ,,, j e ,,' I JOI snag. , particularly described as follows: BLOCK A 544 ----------- - .- ,_ Commencing at a 5/8"iron rod set on the northeasterly right-of-way line of F.M.Rd.No.544 for hIt'--II --___ the southeast corner of aforesaid 6.902 acre tract;thence,North 70.48,0"West,along the --- '114-Te/4/9 ' , northeasterly right-of-way line of FM.Rd.No.544 and the southwest line of said 6.902 acre , ----------.-----.'84,5; P---H --- \ conveyed to Texas Power&Light Company by de;ed recorded in Volume 575,Page 224,Deed .11____L__I_ ,,D,-,.„._ .,9,_-----, Records,Collin County,Texas for the Point of Beginning; 1/1 ii. ---------------- TYPICAL PARKING SPACES ---'•---____ •O.W) ....--, - , \ Thence,North 70.48'00"West,along the northeasterly right-of-way line of FM.Rd.No. , -,. L\___. :\ 544 and the southwest line of said 6.902 acre tract,a distance of 452.16 feet to a 1/2"iron rod found for the beginning of a curve to the left having a central angle of 21.08,7",a radii,of TOTAL NUMBER OF PARKING SPACES:_7_4_ ! ----- ---,---------.-...--',.-_,:------- POINT OF' 1969.86 feet and a chord which bears North 8,22 13 West a distance of 722.72 feet; / 9.---,,,,, 4COMMENCING ---'---- ---------'----\\:_„----- / '5-;-,i, Thence,northwesterly,along the northeasterly right-of-way line of F.M.Rd.No.544,the southwest - ------- -7---\5- line of ei'd 6 902 acr tr ct and send cury to the left an arc distance of 726.83 feet to a \ _-----_. 5/8"irosn irod set for etheasouthwesti corner'of said 6.90'2 acre tract; --- --------,, ------ _____ ---,,---,„„,---- Thence,North 20.09'07"West,a distance of 30.57 feet to a 5/6"iron rod set for corner on --,____ the south right-of-way line of D.A.R.T.for the northwest corner of said 6.902 acre tract, ---_________ ----... Thence,North 86.24'02"East,along the south right-of-way line of D.A.R.T.and the north line -___.,, of said 6.902 acre tract,a distance of 395.44 feet to a 5/8"iron rod set for the beginning of a ., curve to the right having a central angle of 1,43'33",a radius of 2814.79 feet,and a chord ----___ which bears South 87.14'11"East a distance of 623.90 feet; STATE OF TEXAS () COUN'FY OF COLLIN () TaCI:re-re'te.r:aratnbgliaTc.11Cu7-viengtotes'rligtIll't,rra-rc'ef--cli:tY.anhene"otf 6pg.r6Ti:t:etc,"°.:LN7,-:nr 7-V se'197or BEFORE ME,the undersigned authority,a Notary Public in and for said County and State on this date pensonally appeared R.Richard Parker,known to me to be the person whose "Preliminary Plat for Review Pu_rposes Only" name is subscribed to the foregoing instrument and acknowledged-to-me that he -------- ___________________ ___ Thence,South 80.52'25"East„along the south right-of-way Iine of D.A.R T.and the north line executed the same for purpose and considerations therein expressed. of said 6.902 acre tract,a distance of 397.46 feet to a 5/8 iron rod set for the northwest corner of said Texas Power&Light Company tract; GIVEN UNDER MY HAND AND SEAL OF OFFICE,THIS /74 day of ,2000. Thence,South 49.52'57"West,along the northwest line of said Texas Power&Light Company tract, _,/22/..,,i_,_._,,,, _ZkZe- "Recommended for Approval" a distance of 337.61 feet to the Point of Beginning and containing 183,071 square feet or 4.203 Date: ___________________ Notary Public for the State of Texas acres of land. m e, LORI LEE Ei, Chairman,Planning&Zoning Commission My Comission expires '.;., ; =I;ets City of Wylie,Texas SURVEYOR'S CERTIFICATE NOW,THEREFORE KNOW ALL MEN BY THESE PRE,SINTS; "Approved for Preparation of Final Plat" DONALD J JACKSO Th.,I,R.Richard Parker,do hereby adopt this plat designating the hereinabove described property asVt..,,',,, Parker Addition,an Addition to the City of Wylie,Collin County,Texas,and do hereby dedicate to the public,74.:;,F.V•••••.,,THAT,1,Donald,J.,Jacksotn,dothhereby certify that I have prepared this plat from an actuanl and accurate Date: use forever the easements and right-of-ways shown hereon. -,,,.t.1,1:,,',„' survey ofAthe Ian and hat e corner monuments shown thereon were properly placed u der my Mayor,City of Wylie,Texas The easements shown hereon are hereby reserved for the purposes as indicated. No buildings,fences,trees, erson: s perviir. . ic-with the Platting Rules and Regulations of the City of Wylie,Texas. shrubs,or other improvements or growths shall be constructed or placed upon,over,or across the easements OF 4.11# and right-of-ways as shown. Said utility easement being hereby reserved for the mutual use and accommodation P_____,/,.,,. ___.„.___ --2.-- __________ of all public utilities desiring to use or using same. All a.nd any public utility shall have the full right to remove Do a:J.Jackson Re.'ste A Professional Land Surveyor No.3949 and keep removed all or,rts of any buildings,fences,trees,shrubs,Or other improvements or growth which . ,,,„ may in any way endanger or interfere with the construction,maintenance,of efficiency of its respective system on the utility easement and all public utilities shall at all times have the full right of ingress and egress to or OF TEXAS RECEIVED from and upon the said utility easement for the construction,reconstruction,inspecting,patrolling,maintaining, STATE 0 and adding to or removing all or part of its respective systems without the necessity at any time of procuring COUNTY OF'COLLIN 0 the permission of anyone. JAN 1 7 2000 WITNE D''A'I' L., /Tr'''.TEXAS,t,his day of -----__ ,2000. BEFORE ME,the undersigned authority,a Notary Public in and for said County and State,on this date personally appeared Donald J.Jackson,known to me to be the person whose name is subscribed to the )0000000000dforegoing instrument and acknowledged to me that he executed the same for the purpose and consideration therein expressed and under oath stated that the statements in the foregoing certificate are true. CITY OF WYLIE R.R'char' Parker OWNER: R.RICHARD PARKER SITE PLAN/PRELIMINARY PLAT GWEN UNDER MY HAND AND SEAL OF OFFICE this/7 day of __ __,2000. 2555 W.FM.RD.544 WYLIE,TEXAS 75098 972-442-5114 PARKER ADDITION , y...—., NOTICE Notary Public for the State of Texas SURVEYOR: JACKSON&ASSOCIATES LAND SURVEYORS J.W. CURTIS SURVEY, ABSTRACT NO. 196 AND 2600 W.F.M.RD.544 My commission expires ' '', LORI LEE BALL WYLIE,TEXAS 75098 972-442-4045 MICHAEL MILLRON SURVEY, ABSTRACT NO. 563 sZTIll LiZere'rro offin'ehsis.rorZhnhoblydiningetoefs uatniebr:ndci iipsuiidiZI'pZILt(!sf.c"Ordinance and State Law Cy W./Public FO: My C::f:71710-03 CITY OF WYLIE, COLLIN COUNTY, TEXAS JOB NO.262-99-2710 0 DWG NO.2622710.DWG PREPARED, JANUARY 17, 2000 i /\ i N i 1" - 3 0 0' I i i i J.L Brand Jr. 1 F.B. Wells i D.Green I R-6196-000-0010-1 i F.B. Wells R-6351-000-0139-1 I i R-6563-000-0020-1 Subject A R. T Property R.Parker _ _ _ pr'ty Raiw - R•6196-000-0050-1 ./ �. .•_ Ciy I i' _ i -g .� .�•�/ • Park r F.B. Wells J Wylie I.S.D. • •196-00io- - R-6563-000-0020-1 R-6196-000-0060-1 . , a1\• TU.Electric/ 5 44 a /•F�-6563-QO6- ,'• 001�0-1 Wylie I.S.D.,• i ' R-6563-000-0030-1 , -- ,• , ,. ,.• .\ ,• ," i ,' i /• i PROPERTY OWNER NOTIFICATION MAP ZBA CASE #2000-01 NOTIFICATION REPORT APPLICANT: Richard Parker APPLICATION FILE # 2000-01 P.O. Box 307 Wylie, Texas 75098 # BLK/ABST I LOT/TRACT 1 TAX I.D. # 1 PROPERTY OWNER NAME I ADDRESS i t I TU Electric P.O. Box 219071 1 Abst. 563 Tract 1 R-6563-000-0010-1 _ State &Local Tax Department Dallas, Texas Coit 7 221-9071 680oad 2 Abst. 563 Tract 2 R-6563-000-0020-1 Frances Bates Wells Plano, Texas 75023-1003 1001 S. Ballard 3 Abst. 563 Tract 3 R-6563-000-0030-1 Wylie I.S.D. Wylie, Texas 75098 P.O. Box 660163 4 Abst. 563 Tract 4 DART Railway Dallas, Texas 75266 P.O. Box 307 5 Abst 196 Tract 5 R-6196-000-0050-1 Richard Parker (Applicant) Wylie, Texas 75098 210 S. McDonald Street 6 Abst 196 FM 1378 Collin County Commissioners Court Mcllnney, Texas 75069 1001 S. Ballard 7 Abst. 196 Tract 6 R-6196-000-0060-1 Wylie I.S.D. Wylie, Texas 75098 6800 Coit Road 8 Abst. 196 Tract 1 R-6196-000-0010-1 Frances Bates Wells Plano, Texas 75023-1003 7407 Baxtershire 9 Abst. 351 Tract 13-9 R-6351-000-0139 J.L. Brand Jr. and D. Green Dallas, Texas 75230 NOTICE OF PUBLIC HEARING ZONING BOARD OF ADJUSTMENT An application has been received by the City of Wylie for a: PROPOSED LANDSCAPE VARIANCE Board of Adjustment Case Number: ZBA No. 2000-01 Applicant: Richard Parker Location: 2555 W. FM 544 Property Description: See the attached Exhibit"A" for full legal description. Request: Variance to rear yard setback This public hearing is held to consider the application as an amendment to the Code of Ordinances of the City of Wylie,Texas. The request will be heard as follows: Zoning Board of Adjustment: Wednesday,May 24,2000,7:00 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. 1 �s L�� so being p r� o: a 42 .735 acre tract conveyed to B. C. Wood, recorded Volumein~ 418, Page 131, Deed Records, COLLIN County, Texas, and being more particularly described as follows: BEGINNING at a point on the South line of the St. Louis Southwestern Railroad, said point being the Northeast corner of said 42 .735 'acre tract, a fence corner post for corner; THENCE South 16 degrees 34 minutes 13 seconds East, leaving the said Southerly line of St. Louis Southwestern Railroad, a distance of 397.27 feet to a point on the Northerly lire of F. M. Road No. 544, a 1/2 inch iron stake set for corner; • .THENCE along the Northerly line of F. M. Road 544, the following: North 70 decrees 48 minutes West, a distance 'df 1035.71 feet to the beginning of a curve to the left having a central angle of 21 degrees 03 • minutes 27 seconds, a radius of 1959.6o feet, a 1/2 inch iron stake set • for corner (Long cnord bearing S 67 deg. 14 .min.. 09, sec. E, chord length 722.7172 feet) ; • ' f P.round said curve 'a distance of 726.83. feet to the end of said curve, a right-of-way monument found for corner; North 20 degrees 09 minutes 07 seconds West, a distance of 30.57 feet to a point on the southerly line of St. Louis Southwestern Railroad, a 1/2 incn iron stake set for corner; • THENCE along the Southerly line of St. Louis Southwestern Railroad, the following: North 86 degrees 24 minutes 02 seconds East, a distance of 395.44 feet to the beginning of a curve to the right having a central angle of 12 degrees 43 minutes 33 seconds, a radius of 2814.79 feet( a 1/2 inch iron stake set for corner (Long chord bearing S 87 deg. 14 run. 09 sec. E, Chord length 623.9059 feet) ; P.round said curve a distance of 625.19 feet to the end of said curve, a • 1/2 inch iron stake set for corner; • South 80 degrees 52 minutes 25 seconds East a distance of 580.32 feet to the PLACt. OF BEGINNING and CONTAINING 6.902 acres of land, more or less. SAVE AND EXCEPT that portion conveyed in Warranty Deed from B. C. Wood and wife, Nettie Wood, to Texas Power Light Comoanv, dated December 2, 1960, filed December 14, 1960, recorded in Volume 575, Page '224, Deed P.ecords, COLLIN County, Texas. SAVE AND EXCEP= Being nl/ that certain tract or pctrccl of(and situated in thc,/ohrt II'. Curtis Survey, Abstract No, 196, Collin County. Texas. and hc'in,g' er part of ec tract of land conveyed to 1?. Richard Porker by deed recorded he County Clerks- No. 9.3-0094964, Collin County. Texa.y and being store particularly described us follows: • • Beginning at a /12 inch iron rod found ire the rtor•tln'cr.vt right-of-►rai•line of F.M. Bond No. 544 and being t/te southrtrs( Corrtc'r of a 191.-1 acre tract of lcatc! Coltc' ' ed to M.F. Madre►s h►• deed - rec•orded in I olttnre 165, Page 556, !)red Records, ('ollin County. Texas: • •Thence', .\' 71i' -J.5'no- Ir. a?ore;• setid ri;Itt-of-n•a►'line. a distance of 202.9.?fret to a 112 inchh iron rod set.for corner; Thence. ,\' !6' — ' 06" 1;, et tli.V'tttric•c• of 201.7-I feel to u ,metal fe'rte'e- post for corner: 7hencc, t\' / •3-J' 3/" II', et distance of 0..26 feet to a /12 inch iron rod setfor• corner in the southeast ictte of a tract of Ieint! cottcc.reel to Texas 1'oc'er Light Company by deed recorded in I'ulunte 575, 1'age 2-1. Deed Records. C'ollin County. Texas: Thence, ;\' 49= 53' -WT. aloug tlrc .Vottthc'os( line of said Texas Power Ligltt Company tract ,.f lent((, a distance of 74.05 li'e't to a /;2 inch iron rod sec Pr corner in the west line of (forernr,ttioneel t\lettltcw.s tract of•hind: Thence. .S' 16' .3-1'1.3' L. trlort•e; the U't'.'t lira of writ( clic/thews tract of lctnd, tt e(istetrrce of.3,1'-1.-14 feet to the Point of/h't,irtnirt,' ctrr(! Coltlaining 0.76,E ucre'.c of l«rttl. / . PUBLIC COMMENT FORM (Please type or use black ink) Development Services Department 2000 Highway 78 North Wylie,Texas 75098 ✓ I am FOR the requested variance as explained on the attached public notice for ZBA Case #2000-01. I am AGAINST the requested variance as explained on the attached public notice for ZBA - Case#2000-01. Date,Location&Time of Zoning Board of Adjustment meeting: Wednesday,May 24,2000,7:00 pm Municipal Complex, 2000 Highway 78 North,Wylie,Texas Name: CoiThGeA , \.1...)Q�\S (please print) Address: Z i5C) Q,O oi c cicNC) Jcz,ASSab7Ssc-a-3 Wylie Tax Account Number (if shown on enclosed map): Signature: f' f c:54-> Date: , '- le, - Aoescz!. COMMENTS: ` - Q A Ag. (e v.... \te e%at Moe , pa © muwE0-- I\ MAY 10 APPENDIX A-ZONING § 19 19.1. Use regulations. A building or premises 8,000 square feet, and provided that no shall be used only for the following purposes: effects from noise, smoke, glare, vibration, (1) Uses permitted in the B-1,business district fumes or other environmental factors are and R, retail district. measurable at the property line. (2) Public or private utility shop and mainte- (28) Indoor/outdoor auction with no livestock. nance. The following specific uses when granted in (3) Public and private amusements(see excep- accordance with section 23: tions). (1) Airport, heliport or landing field. (4) Animal clinic or hospital with outside runs. (2) Cemetery or mausoleum. (5) Garden shop with outside storage and green- (3) Outdoor commercial amusement. house as an accessory to a garden shop. (4) Golf course, private or public. (6) Kennels with outside run. (5) Private club, serving alcoholic beverages. (7) Tool and trailer rental, outside storage. (6) Rodeo or other sports arena. (8) Automobile or motorcycle sales, new or used. (7) Theater, drive-in. (9) Automobile repair garage. (8) Animal pound, public or private. (10) Automobile painting or body shop. 19.2. Height regulations. One hundred feet or height permitted under floor area ratio (see floor (11) Automobile storage or sales lot. area ratio). (12) Mobile home sales. - 19.3. Area regulations. (13) Truck parking lot or garage. (1) Size of yard. (14) Swimming pool, commercial outside. (a) Front yard. Minimum required set- (15) Bus terminal. back 20 feet. Accessory uses must be (16) Dry cleaning plant or laundry set back a minimum of 60 feet. (17) Engine or motor repair. (b) Side yard. (Adjacent to a street or property line): Minimum required, ten (18) Machinery sales. feet. (19) Machine or welding repair shop. (c) Rear yard. A dedicated alley or private (20) Vehicle rental business. drive shall be required behind each lot or tract and the minimum rear yard (21) Lumberyard. setback shall be 20 feet for any build- (22) Maintenance or contractor yard. ing or structure. When adjacent to or (23) Tennis courts, commercial. abutting a residential use, a masonry or wood wall of a minimum height of (24) Plumbing, heating and air conditioning six feet shall be constructed adjacent shops. to the rear property line to provide a (25) Mini or convenience warehouse. barrier between the adjoining use. (26) Indoor commercial amusement. (d) Special side or rear yard requirement. When a nonresidential zoned lot or (27) Light fabrication and assembly process fa- tract abuts upon a zoning district bound- cilities for the manufacture, fabrication, ary line dividing the lot or tract from a processing, or assembly of products; pro- residentially zoned lot or tract, a min- vided that such facilities are completely imum side yard of ten feet shall be enclosed within a structure not exceeding provided for on the nonresidential prop- CDA:21 APPENDIX A-ZONING §34 33.99. Yard, front. An open, unoccupied space No such use, or change of use, shall take place on a lot facing a street extending across the front until a certificate of occupancy therefor shall have of a lot between the side lot lines and from the been issued by the inspector of buildings. main building to the front lot or street line with 34.2. Procedure for new or altered buildings. the minimum horizontal distance between the Written application for a certificate of occupancy street line and the main building line as specified for a new building or for an existing building for the district in which it is located. which is to be altered shall be made at the same jk. 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 for a change in building and on the same lot with the building, the use of land or a building, or for a change in a situated between the building and a side line of nonconforming use, as herein provided, shall be the lot and extending through from the front yard made to said building inspector. If the proposed to the rear yard.Any lot line, not the rear line or use is in conformity with the provisions of this a front line, shall be deemed a side line. ordinance, the certificate of occupancy therefor shall be issued within ten days after the applica- 33.102. Zoning district map. The official certi- tion for same has been made. feed map upon which the boundaries of the vari 34.4. Contents. Every certificate of occupancy ous zoning districts are drawn and which is an shall state that the building or the proposed use of integral part of the zoning ordinance. a building or land complies with all provisions of (Ord. No. 93 22, § V(33.78), 4-13-93; Ord. No. the building and fire laws and ordinances. A 93-36, § II, 7-27-93) 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- 34.5. Temporary certificate. Pending the issu- icates of occupancy shall be required for any of the ance of a regular certificate, a temporary certifi following: 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 com- use of a different classification. pletion. Such temporary certificates shall not be construed as in any way altering the respective (3) Occupancy and use of vacant land, except rights, duties, or obligations of the owners or of agricultural use. the city relating to the use or occupancy of the (4) Change in the use of land to a use of a premises or any other matter covered by this different classification. ordinance. (5) Any change in the use of a nonconforming tif34.6.cate Certificates ert of occupancytesfor oshnell fore required sfAcor r- use. 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. 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 thesame 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. 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 (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 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 1 1 l -A I k,_,/ PPEAL TO THE BOARD OF ADJUSTMENTS • $100 FEE e/ 'C ITY OF WYLIE,TEXAS DATE: / 9�11T • LEASE TYPE OR PRINT USING BLACK INK ATA RELATIVE TO VARIANCE REQUEST: • trect Address: 255s c_&). —7"vt 51 y Zoning District: / '-Z of Number: Block Number: Addition; ek-LT-2—1-tl • 0 TI HONORABLE B OF ADJUSTMENTS: ryc� / /� "-4 ftrz0 AK i���2 C q/aJ 7 OZ .S -// (Applicant) (Phone Number) 2S'ss w 5Y tf (Ko x 3-7c ) 7..s--0 X (Street Address City State Zip Code) accordance with the provisions of the Zoning Ordinance,appeal is now made to the Honorable Board of dj tments to grant the following variance reequest: • • order to make a finding of hardship and to grant a variance, the Board of Adjustments must determine that all the following conditions are met. State how your request meets these conditions. Please note that the ited hardship shall not be finaucia' nor self-induced. The requested variance does no l violate the intent of the ordinance or its amendments: • • Special conditions of restricted area,shape,topography,or physical features exist that are peculiar to the subject parcel of land and arc not app icable to other parcels of land in the same zoning district:/ /L • The hardship is in no way the result of the applicant's own actions: itA • • • • 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: • ilt.t.Q! • • . 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: Name Phone Number Street Address City State Zip Code 1 do hereby certify that the above statements are true and corr o best of my knowledge. /j Applicant's Signature ate • STATE OF TEXAS COUNTY OF COLLIN Subscribed and swQLLLto before the this the doP'5J day of S'e•p'f—• 19q ,by Cha►--t* -Q r-k r,who,on his/her oath certifies that the a .* ' ents are true and correct to thy. s o }' / c o l BETTY PEACOCK • < _ Notary Public Notry Public q l State Fofp _Texas My PLEASE COMP • .O LO ING INFORMATION IF THE PROPERTY OWNER IS SOMEONE OTIIER•THAN TI-IE APPLICANI" 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 ill City of Wylie Public Hearing Item No. 2 ZBA No. 2000-02 Zoning Board of Adjustment Public Hearing: May 24, 2000 Owner/Applicant: Kerry C. Hunt-Currin Location: 1501 Schooner Bay Requested: Variance to Section 25.5(2)(a) Swimming pools, of the Zoning Ordinance for an existing nonconforming swimming pool within the required side yard setback Summary: Section 25.5(2)(a) Swimming pools allows for the construction and operation of a swimming pool when the pool is not located in any required front or side yard abutting a street. A permit for the pool on the applicant's property was issued in error in 1995 with the pool being built within the required 20' exterior side yard setback. The applicant is seeking a variance to this section in order to formally clear the encroachment. The regulations in Section 11.3(1)(b)Area regulations of the Zoning Ordinance indicate that lots encompassed by the SF-3 (Single Family Residential) zoning district and adjacent to a side street (corner lot) shall include side yard setbacks not less than twenty feet (20'). Section 33.101 Yard, Side defines a side yard as an open, unoccupied space or spaces on one side or two sides of a main building and on the same lot with the building, situated between the building and a side line of the lot and extending through from the front yard to the rear yard. Specifically, any lot line., not the rear line or front line shall be deemed a side line. The yard or setback requirements are designed to protect property owners and citizens from potential intrusions caused by accessory uses by providing an open, unoccupied space as a buffer. Section 32.3 (3) Powers and duties states that the Zoning Board of Adjustment may permit a variance to the yard requirements of any district where there are unusual and practical difficulties or unnecessary hardships in the carrying out of these provisions due to an irregular shape of the lot, topographical or other conditions, provided such variance will not seriously affect any adjoining property or the general welfare. However, said section does specifically state that in order to grant a variance, the following conditions shall or shall not exist: g) That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures, or buildings in the same district. h) That literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this ordinance. i) That the special conditions and circumstances do not result from the actions of the applicant. j) That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, structures or buildings in the same district. k) No nonconforming use of neighboring lands, structures, or buildings in the same district and no permitted use of lands, structures, or buildings in other districts shall be considered grounds for the issuance of a variance. 1) Financial hardship shall not be considered grounds for the issuance of a variance. Other Considerations: • Public Comment Forms were mailed to twenty-six (26) property owners within 200 feet of this request. One (1) Public Comment Form in favor of the variance has been returned. Financial Considerations: Application fee in the amount of$100.00 - waived Attachments: Interpretation Location Map Property Owner Notification Map Property Owner Notification Report Public Hearing Notice Returned Public Comment Form Excerpts from the Zoning Ordinances Variance Request Application Site Plan 1 I Ii 1 — i �� i i i i i ' i i �, 1 i i i 1 i _---- i ._—.-._.._.._..--- --rJ_.—.._.._._-. w..�.-j._. ---: i i 1 i i ! i i 1 - -..--1_L 7 I I i i i i i i!i ! J L- i E i i I I i_• subject --___ I I Property ! 1 ! - 1 I , ,_______I i 1 _ ; PO 1 I 1111101111111110 ►$�g11$$UU�r11 f►� 0_ rrrt^rrrrsr•i•r- �a u�. ir.. .111111�Rfl'� ,%% 4��1111111111111 ` I 1 1 11111111111111 0iir i i i111n11111111l��'�,,*�, 1 '_CT.ILr.•Id. , ,,,'',,, ,Oa rt_u•.r�t_I_ _--. __— I�—_-- ° - Iii t� I I II IIIj� +n+ i (`- 1 i____ _L. CO Lz 1 i _•• i r) I -. _ LOCATION MAP FT- I 1T i i i ZBA CASE #2000-02 Baylor Univ.Medical Center Foundation R-6629-000-0050-1 71111.11111.111111.114114%\111."4:51353/- C J.Coleir R-2273-015- R Laiallnie R-6629-00 C.T. kluun-1 013. 0110-1 R 2273-015- y1'13 � 0120-1 F.Cowart p1� R 2273-015- 0130-1W.Stokes r R-2273-015- . 0140-1 zE.3a---yw.Love% . t ;$. :10- ke ti . 1511�.ti & i to t M.Soomro •-U pg� $, Oti R 2273-015- A% o M.Miller ,, 0150-1 ,titi1$A 1 �_ P ' ,���� S D.Parrish R 2273-014 izi z �` 0 0800-1 0 A 0 R 2273-014 '� 13 ti . ,,�ti11 0800-1 0 r 0r,\/ e pncho F. J. Shuttleworth 1, R 2273-013- R Moore 0150-1 B.Volker R.Po A 'OP% ,,:'" N . .'L'1'1pr% 01 0 and LIliate \N.\ -`6.\1\t PROPERTY OWNER NOTIFICATION MAP ...„<„...-----\ ZBA CASE #2000-02 NOTIFICATION REPORT APPLICANT: Kerry C. Hunt-Currin APPLICATION FILE # 2000-02 1501 Schooner Bay Wylie, Tx. 75098 # BLK/ABST LOT/TRACT TAX I.D. # PROPERTY OWNER NAME ADDRESS Newport Harbor 1511 Anchor Drive 1 13 11 R-2273-013-0110-1 Britt Volker Wylie, Texas 75098 Newport Harbor 1509 Anchor Drive 2 13 12 R-2273-013-0120-1 Richard Potter Wylie, Texas 75098 Newport Harbor 1507 Anchor Drive . 3 13 13 R-2273-013-0130-1 Ronald Moore Wylie, Texas 75098 Newport Harbor 1503 Anchor Drive 4 13 14 R-2273-013-0140-1 Jerry Carmichael Wylie, Texas 75098 Newport Harbor 1501 Anchor Drive 5 13 15 R-2273-013-0150-1 Frank Shuttleworth Wylie, Texas 75098 Newport Harbor 1507 Schooner Bay Drive 6 14 8 R-2273-014-0080-1 Johnnie Seeley Wylie, Texas 75098 Newport Harbor 1505 Schooner Bay Drive 7 14 9 R-2273-014-0090-1 Stephen Phillips Wylie, Texas 75098 Newport Harbor 1503 Schooner Bay Drive 8 14 10 R-2273-014-0100-1 Lance Rust Wylie, Texas 75098 Newport Harbor Applicant 1501 Schooner Bay Drive 9 14 11 R-2273-014-0110-1 Bruce Currin Wylie, Texas 75098 Newport Harbor 1500 Anchor Drive 10 14 12 R-2273-014-0120-1 Michael Miller Wylie, Texas 75098 Newport Harbor 2205 Owens Blvd. 11 14 13 R-2273-014-0130-1 David Parrish Richardson, Texas 75082 Newport Harbor 1504 Anchor Drive 12 14 14 R-2273-014-0140-1 Jeffrey Bashore Wylie, Texas 75098 Newport Harbor 1506 Anchor Drive 13 14 15 R-2273-014-0150-1 Mildred Rainey Wylie, Texas 75098 Newport Harbor 1508 Anchor Drive 14 14 16 R-2273-014-0160-1 John Stephenson Wylie, Texas 75098 Newport Harbor 1510 Anchor Drive 15 14 17 R-2273-014-0170-1 Gregory Garcia Wylie, Texas 75098 Newport Harbor 1512 Schooner Bay Drive 16 15 8 R-2273-015-0080-1 Ronald Ward Wylie, Texas 75098 Newport Harbor 1510 Schooner Bay Drive 17 15 9 R-2273-015-0090-1 Michael Batten Wylie, Texas 75098 Newport Harbor 1508 Schooner Bay Drive 18 15 10 R-2273-015-0100-1 Curtis McConnell Wylie, Texas 75098 Newport Harbor 1506 Schooner Bay Drive 19 15 11 R-2273-015-0110-1 Judith Cole Wylie, Texas 75098 Newport Harbor 1504 Schooner Bay Drive 20 15 12 R-2273-015-0120-1 randy LaJaunie Wylie, Texas 75098 Newport Harbor 1502 Schooner Bay Drive 21 15 13 R-2273-015-0130-1 Floyd Cowart Wylie, Texas 75098 Newport Harbor 1500 Schooner Bay Drive 22 15 14 R-2273-015-0140-1 William Stokes Wylie, Texas 75098 Newport Harbor 1416 Anchor Drive 23 15 15 R-2273-015-0150-1 Munawar Soomro Wylie, Texas 75098 Newport Harbor 1414 Anchor Drive 24 15 16 R-2273-015-0160-1 William Love Wylie, Texas 75098 Baylor University 2625 Elm Street #110 25 Abst 629 Tract 5 R-6629-000-0050-1 Medical Center Fndn. Dallas, Texas 75226 5949 Sherry Lane #1225 26 Abst 629 Tract 6 R-6629-000-0060-1 , C.T. Beckham Dallas, Texas 75225 NOTICE OF PUBLIC HEARING ZONING BOARD OF ADJUSTMENT An application has been received by the City of Wylie for a: PROPOSED VARIANCE FOR EXISTING POOL ENCROACHMENT Board of Adjustment Case Number: ZBA No. 2000-02 Applicant: Kerry C.Hunt-Currin Location: 1501 Schooner Bay Property Description: See the attached Exhibit"A" for full legal description. Request: Variance to existing pool encroachment on 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: Wednesday,May 24,2000,7:00 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 11,Block 14, of Newport Harbor,Phase I RECF/k `c PUBLIC COMMENT FORM 414). (Please type or use black ink) City ,t 1 0 1 2000 YOFW Development Services Department YC k- 2000 Highway 78 North Wylie,Te as 75098 I am FOR the requested variance as explained on the attached public notice for ZBA Case #2000-02. I am AGAINST the requested variance as explained on the attached public notice for ZBA Case#2000-02. Date,Location&Time of Zoning Board of Adjustment meeting: Wednesday,May 24,2000,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas IlitAt a Is(a VI“..41 4-.,c2.a2t4 1-1 Name: (please print) Address: C.T "SPARKEY"BECKHAM 5949 SHERRY LN#1225 2 I DALLAS,TX 75225 Wylie Tax Account Number 214-3G8-2223 (if shown on enclosed map): ( Ogg!-006_0 6 0 -0 f K"(.41/-DOD_CO )-I 4 If UA�s.O Pp, Ll� Signature: Z i �,_ aAAA"4,,rt) l Date: t1AY 1 0 2000 MAY 1 0 2000 COMMENTS: I APPENDIX A-ZONING § 12 shall be a maximum of one story in height and in (3) Minimum dwelling size.The minimum floor Illno case shall exceed the height of the main area of any dwelling shall be 1,100 square structure. feet, exclusive of garages and breezeways and porches. Cooling towers, roofs, gables, chimneys and (4) Lot coverage. In no case shall more than 45 vent stacks may extend for an additional height percent of the total lot area be covered by not to exceed 40 feet above the average grade of the main building. Not more than 60 per- the building.Water standpipes and tanks, church cent of the total lot may be covered by the steeples, domes and spires exceeding two stories main structure, accessory buildings, drive- in height may be erected, provided however that ways and parking. one additional foot shall be added to the width and depth of side and rear yards for each foot that 11.4. Parking regulations. Two covered, en such structures exceed two stories in height. closed parking spaces per unit behind the front building line. Off-street parking spaces shall be In no event shall any such structure exceed 100 provided in accordance with the requirements for specific uses set forth in section 24. feet in height. (Ord. No. 93-6, § III, 2-9-93; Ord. No. 94-49, § I, 11.3. Area regulations. 10-11-94) (1) Size of yards. Section 12. 2F, two-family residential dis- (a) Front yard. There shall be a front yard trict regulations. having a depth of not less than 25 feet General purpose and description. The 2F-1 [sic] • as measured from the front building district is intended to provide the opportunity to line. Where lots have double frontage, have development which is two-family(duplex)in running through from one street to character, but which encourages individual own- 41. another, the required front yard shall ership of all dwelling units. This is permitted by be provided on both streets. No re- dividing the typical duplex lot from front to back, quired parking shall be allowed within. thus encouraging the sale of each dwelling unit the required front yard. A 60-foot set- and the land upon which it sits, to the occupant. back is required for all accessory uses. 12:1. Use regulations. A building or premises-- (b) Side yard. There shall be a side yard shall be used only for the following purposes: on each side of the lot having a width of not less than six feet. A side yard (1) Two-family residence (duplex). adjacent to a side street shall be not (2) Batch plant, temporary during construc- less than 20 feet. No side yard for tion when permitted by code enforcement allowable nonresidential uses shall be and limited to the subdivision for which less than 25 feet. they are permitted. (c) Rear yard. There shall be a rear yard, The following specific uses when granted in a depth of not less than 25 feet. accordance with section 23: (2) Size of lot. (1) Cemetery or mausoleum. (a) Lot area. No building shall be con- (2) Charitable organization. structed on any lot of less than 7,200 (3) University; college or parochial school and square feet. related facilities (public or private). (b) Lot width. The average '.idth of the lot (4) Country club or golf course and related shall not be less than 60 feet. uses such as driving ranges but not includ- (c) Lot depth. The average depth of the lot ing similar forms of commercial amuse- shall be not less than 100 feet. ment such as miniature golf. ACDA:11 APPENDIX A—ZONING 34 e33.99. 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. main building to the front lot or street line with the minimum horizontal distance between the 34.2. Procedure for new or altered buildings. street line and the main building line as specified Written application for a certificate of occupancy for the district in which it is located. fora new building or for an existing building which is to be altered shall be made at the same 33.100. Yard, rear. An open, unoccupied space, rime as the application for the building permit for silty: builc'.ing. Sri Cl. c._rtificat • sl,a ll L,..; except for accessory buildings as herein permit ;sued led, extending across the rear of a lot from one permit- within ten days after a written request for. the side lot line to the other side lot line and having a same has been made to said building inspector or depth between the building and the rear lot line his or her agent after the erection or alteration of as specified in the district in which the lot is such building or thereof has been completed in• conformity with the provisions of this ordinance. situated. 34.3. Procedure for vacant land or a change in ,.y 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 panty 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. ordinance, the certificate of occupancy therefor shall be issued within ten days after the applica- 33.102. Zoning district snap. The official certi- fied tion for same has been made. 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 a building or land complies with all provisions of (Ord. No. 93 22, § V(33.78), 4 13 93; Ord. No. the building and fire laws and ordinances. A 93-36, § II, 7-27-93) 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. Acer- • use_ tificate of occupancy shall be required for all CDA:61 § 32 WYLIE CODE portion thereof, has not been finally acted ordinance and, at the same time, theIII 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 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 I'EqU�Stlil a variance from theterms of (n) That special conditions and circum- this ordinance. stances exist which are peculiar to the land, structure or building involved The board shall have the power to autho- and which are not applicable to other rize upon appeal in specific cases such lands, structures, or buildings in the ' variance from the terms of this ordinance same district. as will not be contrary to the public inter- (b) That literal interpretation of the pro- est, where, owing to special conditions, a . visions of this ordinance would deprive literal enforcement of the provisions of this the applicant of rights commonly en- ordinance will result in unnecessary hard- joyed by other properties in the same ship and so that the spirit of this ordinance district under the terms of this ordi- shall be observed and substantial justice . nance. - done, including the following: (c) That the special conditions and circum- (a) Permit a variance in the yard require- stances do not result from the actions ments of any district where there are of the applicant. unusual and practical difficulties or unnecessary hardships in the carrying (d) That granting the variance requestedII out of these provisions due to an irreg will not confer on the applicant any ular shape of the lot, topographical or special privilege that is denied by this other conditions, provided such vari ordinance to other lands, structures or ance will not seriously affect any ad- buildings in the same district. joining property or the general wel- (e) No nonconforming use of neighboring - fare. lands, structures, or buildings in the • (b) Authorize upon appeal, whenever a same district and no permitted use of property owner can show that a strict lands,structures, or buildings in other application of the terms of this ordi- districts shall be considered grounds nance relating to the construction or for the issuance of a variance. alterations of buildings or structures (f) Financial hardship shall not be consid- will impose upon him or her unusual ered grounds for the issuance of a and practical 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 sd 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 1111 CDA:54 Apr 20 00 08: 04a Crime Prevention Unit 972-941 -2519 p. 1 Apr 19 00 02;23p Development•Servtces 972-442-8154 p.5 A9P/1A/.. f, Poo/ va••••le-e • APPEAL TO THE BOARD OF ADJUSTMENTS / / //ems _/�-0v $100 FEE CITY OF WYLIE,TEXAS 41 fn- DATE: PLEASE TYPE OR PRINT USING BLACK INK DATA RELATIVE TO VARIANCE REQUEST: Street Address: Leo I StMerlilt Roay Zoning District: Lot Number: 1't Block Number: /"/ Addition: t'J sp 4. I r rr TO THE HONORABLE BOARD OF ADJUSTMENTS: (Appuu (97a) 7Y7-709a licasit) (Phone Number) LO4i(ia. TX 7s6?X. (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: —Fbc_ponLi Q S_buj 14 t,' r.bL btdle(1n9 1,n9 bi -l-h4 01.4y 1`a Per_o tJti,r1 4-1-o ree%;-1 • In order to make a finding of hardship and to grant a variance,the Board of Adjustments must determine that a ofthe 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: 7ht.. pan) iS nl, QSS&J 1k -1.h. prepa1.4.y d ml/ a /1a/s,li>ly. • b. Special conditions of restricted area,shape,topography,or physical features exist that arc 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: Weis 6t1J14 Lini in 4• • ct $,pro iod by o. p&crn _ 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. lhlCirZn('p r yc prnhi bid 4ht t>l' fth1� r+12 :t . 1 Apr 20 00 08: 04a Crime Prevention Unit 972-941 -2519 p. 2 opt 19 00 02:23p Development Services 972-442-8154 P•6 p.2 PLEASE CHECK ONE: I will represent this variance request at the Board meeting. —�P t�C2 nr.►n wi►i o.1so b-Q_ a4+end ins. I will not be able to represent this variance request at the Board meeting. My authorized representative,who wilt request this variance before the Board of Adjustments is: Phone Number Name Street Address City State Zip Code 1 do hereby certify that the above statements are true and correct to tht best of my knowledge. 00 plieam's Signature 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 PLEASE COMPLETE THE FOLLOWING INFORMATION IF THE PROPERTY OWNER IS SOMEONE OTHERTHAN THE APPLICANT Phone Number Property Owner 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 blow,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 May 08 00 08: 42a Crime Prevention Unit 972 941 2519 p. l P. 02 n 11 REnAY PBRAYS RE Togs FAY 130.• 972 P.�� , 4 05:02 P'1 »O e•D1 •s NORTH TEXAS A652DG NTAI: APR-iI- Pei 320 8491 T� 9'T290` 1 PR 09 ,72 16;19 St;KL 1"SOEUR HAN SURVEYING COHPA'Y r. o. am 21212 DICE: -,-„`�.OQ - y>L. sW� 7s2x$ (MA) 320-8491 A u a v a r P A a T JOR r ca: ,,,�,..,,«a. tec.to�et Ibis ALL�waus atrIAI mo, a'pis>1> Y e(rtel+.4r �yy y M coal Met 1 Mee, Moe JeDr. tee4 • per=•1 w t»sM0e .Wass,R.KN� 1 en. 162232 7t si►Y 1R'Na .to Me city el • W. 1 Peet Me retette•�: ,swot Me. L,rt se •*deities t.M Gq of et Taus,e°ot/1�t1 tow�L teeergaJ isYotrcrm r et pit-._. —et do BIN bloods ?tar • TOE Epsom TO WORTS TEXAS 140142CIPAL WATER DLTTREVT . 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