04-24-2000 (Zoning Board of Adjustment) Agenda Packet AGENDA
Zoning Board of Adjustment
WYLIE MUNICIPAL COMPLEX
2000 Highway 78 North, Wylie, Texas 75098
April 24, 2000
7:00 p.m.
CALL TO ORDER
CONSENT AGENDA
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) 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.
ADJOURNMENT
Posted Thursday, April 20, 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 Adjust ment
•
CHy of Wylie
R egular Busi ness Meeting
April 24 , 2000
AGENDA
Zoning Board of Adjustment
WYLIE MUNICIPAL COMPLEX
2000 Highway 78 North, Wylie, Texas 75098
April 24, 2000
7:00 p.m.
CALL TO ORDER
CONSENT AGENDA
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) 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.
ADJOURNMENT
Posted Thursday, April 20, 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.
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:City of Wviie
Consent Agenda Item No. 1
Zoning Board of Adjustment Regular Business Meeting: April 24, 2000
Consent Item No. 1 RE: Consider and Act Upon Approval of the Minutes from
the November 1, 1999, Regular Business Meetings.
1. Consider and Act Upon Approval of the Minutes from the November 1, 1999, Regular
Business Meetings. Please note any changes or additions which need to be made.
MINUIES
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 Herrera 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
Pagc 1
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 concerns with awarding variance to whole
length of property. Mindy Manson added 5% are legitimate hardships. This would
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 pools,
of the Zoning Ordinance for an existing nonconforming swimming pool within the
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 4th 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
Page 3
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City-of Wylie
Public Hearing Item No. 1
ZBA No. 2000-01
Zoning Board of Adjustment Public Hearing: April 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 opposition 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
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LOCATION MAP
ZBA CASE #2000-01
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J.L Brand Jr. I F.B. Wells
D.Green I R-6196-000-0010-1 i F.B. Wells
R-6351-000-0139-1 1 I R-6563-000-0020-1
_.._.._.._.. .._.._.. Subject R•
pro erill R.Parker T'_ a l _ -
a R-s196.000.0050-1.:,• �.. • .._,. 1 Way —.. .
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v Wylie I.S.D. �: ' Parker F.B. Wells _
•.-.. ,� •196-000- R-6563.-000-0020-1
R-6196-000-0060-1 / , , 0-1\
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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 LOT/TRACT TAX I.D. # PROPERTY OWNER NAME ADDRESS
TU Electric P.O. Box 219071
1 Abst. 563 Tract 1 R-6563-000-0010-1 State & Local Tax Department Dallas, Texas 75221-9071
6800 Coit Road
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 McKinney, Texas 75069
1001 S. Ballard
7 Abst. 196 Tract 6 R-6196-000-0060-1 Wylie I.S.D. Wylie, Texas 75098
6800 Colt 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: Monday,April 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.
•=}', �:;�s, a:'. being part o= a 42.735 acre tract cbnveyed to B. C.
Wood, recorded in Volume418, 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 line 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 of 1036.71 feet to the
beginning of a curve to the left having a central angle of 21 degrees 08
minutes 27 seconds/ a radius of 1969.60 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) ; •
Around 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
inch 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 havin a central angle of 12
minutes 43 minues 33 seconds, a radius of 2814.79 feet a 1/2 inch iron
stake set for corner (Long chord bearing S 87 deg. 14 min. 09 sec. E,
Chord length 623.9059 feet) ;
Around 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 PLACa 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 Comnanv, dated December 2, 1960,
filed December 14, 1960, recorded in Volume 57 , Page '224, Deed Records,
COLLIN County, Texas.
SAVE AND. EXCEPT
Being all that certain tract or parcel of land situated in the John 1{'. Curtis Surrey. Abstract No. •
196, Collin C'ottnt►'. Texas. and bc'in,t,' a part of a tract of land conveyed to 1?. Richard Parker by
deed recorded by County Clerks ;\'n. 93-009496-1. Collier C'ututt►', 7e'.rirs and hcirr;' ntnre
pcu•ticttlar•l►' dc'.vcr•ihetl US frlloct•s: •
•
Beginning at a //2 inch iron rod found in the northeast right-of-wet►•litre of I.M. Road No. 544
and being the southeast corner' of ct 191.-I acre tract of land cortvc.►'c'tl to t11.1•-. Mathews by deed •
recorded in J'olturte 165, Page 556. /)ec'd Records. Collin County. Texas;
•
Thence, .\' 71' -!X'U/i' {{', along .void right-of-wa►•line. a distance of 202.93 feet to a l0 inch iron
rod set for corner;
Thence. ,V 16° 2-/' (16" 1;, a distance of 111.74 feet to a metal fence post for corner:
7'Irencc, :\' ?T ,3-I' -?1 ' 1{•, et distance of 0.26 fret to cr I/2 inch iron roc( set-for c•ornter in the
southeast line of tt tract of land conc•c ►•e'd to Texas /'ott•er Light Company by deed recorded in
I'uluntc' 575, Page '24, 1)ee'd Records. Collin County. Texas:
Thence, :\' 49° 53' 4/' E. along the southeast line o/'said Texas Power & Li'Itt Company tract
of haul. tt distorter of 7-1.05 Pet to a 112 inch inter rod .yet free• corner in the west litre of
aforementioned Mathews tract o/•fund:
Thence. .S' /6° .3-17.?" !:. alnrrg the west flute of paid Mathews tract o/'land, a distance of 3S4.-14
feet to the Point of Bet:inning and corttaining (1.76S acres of leaned.
APPENDIX A-ZONING fi 19
•
19.1. Use regulations. A building or premises 8,000 square feet, and provided that no
shall be used only for the folrowing purposes: effects from noise, smoke, glare, vibration,
fumes or other environmental factors are
(1) Uses permitted in the B-1,business district measurable at the property line._
and R, retail district.
(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- 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 (7) Theater, drive-in.
used.
(8) Animal pound, public or private.
(9) Automobile repair garage.
(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
set back a minimum of 60 feet.
(16) Dry cleaning plant or laundry. .
(17) Engine or motor repair. . (b) Side yard. (Adjacent to a street or..
property line): Minimum required, ten
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-
ing or structure When adjacent to or
(22) Maintenance or contractor yard. abutting a residential use, a masonry
(23) Tennis courts, commercial. 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
barrier between the adjoining use.
(25) Mini or convenience warehouse.
(d) Special side or rear yard requirement.
(26) Indoor commercial amusement. 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
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
fo'r the district in which it is located. fora newbuilding or for an existing building
which is to be altered shall be made at the same
\ 33.100. Yard, rear. An open, unoccupied space, time as the application for the building permit for
ex,:�pC fo: ar_cessory bcii!dinL;s as heri. permit such b�.iilding. Sair-? certificate shall b;; is uc•u
ted, extending across the rear of a lot from one 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
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 map. The official certi tion for same has been made.
fled map upon which the boundaries of the vari- _
ous zoning districts are drawn and which is an 34.4. Contents. Every certificate of occupancy '
integral part of the zoning ordinance. shall state that the building or the proposed use of -
(Ord. No 93 22., j ti'(33 78), 13 93, Ord. No. a building or land complies with all provisions of
93 36, § II, 7 27 93) the building and fire laws and ordinances. A
record of all certificates of occupancy shall be kept.
on file in the office of the building inspector or his ,
Section 34. Certificates of occupancy_and or her agent and copies shall be furnished on
compliance. request to any person having proprietary or ten-
ancy interest in the building or land affected.
34.1. [Certificate of occupancy required.] Certif-
icates of occupancy shall be required for any of the 34.5. Temporary certificate. Pending the issu
following: ance of a regular certificate, a temporary certifi-
cate of occupancy may be issued by the building
(1) Occupancy and useof 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 o.ners 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 34.6. Certificates for nonconforming uses. A cer-
op . use_ tificate of occupancy shall be required for all
CDA:61
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§ 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 coun- vied 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
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 (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) N6 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
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