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08-26-2002 (Zoning Board of Adjustment) Agenda Packet AGENDA Zoning Board of Adjustment City Council Chambers - Wylie Municipal Complex 2000 Highway 78 North Wylie, Texas 75098 Monday, August 26, 2002 7:00 p.m. CALL TO ORDER CITIZEN PARTICIPATION CONSENT AGENDA 1. Consider and act upon approval of the Minutes of the July 22, 2002 Meeting. PUBLIC HEARINGS 1. Hold a public hearing to consider and act upon a request by Scott Silvis of Fox and Jacobs Homes for a variance to Section 27.20(c) of the Zoning Ordinance (Sign Ordinance) in order to permit an off-premises development sign for the Cimarron Estates Phase I Addition, this property being located on State Highway 78 at Anson Parkway. (ZBOA Case No. 2002-08) TABLED from the July 22, 2002 Meeting 2. Hold a public hearing to consider and act upon a request by Scott Silvis of Fox and Jacobs Homes for a variance to Section 27.20(c) of the Zoning Ordinance (Sign Ordinance) in order to permit an off-premises development sign for the Birmingham Farms Phase 2A Addition, this property being located on West Brown Street (F.M. 3412) at Sanden Boulevard. (ZBOA Case No. 2002-09) TABLED from the July 22, 2002 Meeting 3. Hold a public hearing to consider and act upon a request by Tabor Maxwell of Ryland Homes for a variance to Section 27.20(c) of the Zoning Ordinance (Sign Ordinance) in order to permit an off-premises development sign for the Meadows of Birmingham Addition, this property being located on West Brown Street (F.M. 3412) at Westgate Way. (ZBOA Case No. 2002-10) 4. Hold a public hearing to consider and act upon a request by Ron Johnson for a variance to a platted building line and Section 19.3(1)(c) of the Zoning Ordinance in order to decrease the required rear yard setback from twenty feet to ten feet, this property being located at 640 West Brown Street (F.M. 3412) and being Lot 59R, Block E, of the Point North Addition. (ZBOA Case No. 2002-11) TABLED from the July 22, 2002 Meeting ZBOA Agenda August 26, 2002 Page 2 5. Hold a public hearing to consider and act upon a request by Tommy Pulliam for a variance to Section 4.4 of the Zoning Ordinance in order to reduce the required side yard from twenty-five feet to ten feet, this property being located at 201, 203, 205 and 207 Windco Circle and being Lots 5, 6, 7 and 8 of the Wyndham Estates Phase Ill Addition. (ZBOA Case No. 2002-12) 6. Hold a public hearing to consider and act upon a request by Jim Ruddell for a variance to Section 11.3 of the 1985 Zoning Ordinance in order to reduce the front yard from the required twenty-five feet to 9.83 feet, the rear yard from the required twenty-five feet to 8.83 feet and the street side yard from the required twenty-five feet to ten feet eleven inches, and Section 11.4 of the 1985 Zoning Ordinance in order to reduce the covered parking requirement from two-car to one-car, this property being located at 111 Keefer Street and being Lot 40 of Block 9 of the Brown and Burns Addition. (ZBOA Case No. 2002-13) 7. Hold a public hearing to consider and act upon a request by Jim Ruddell for a variance to Section 11.3 of the 1985 Zoning Ordinance in order to reduce the front yard from the required twenty-five feet to 9.83 feet, the rear yard from the required twenty-five feet to 8.83 feet, and Section 11.4 of the 1985 Zoning Ordinance in order to reduce the covered parking requirement from two-car to one-car, this property being located at 301 Marble Street and being Lot 41A of Block 9 of the Brown and Burns Addition. (ZBOA Case No. 2002-14) 8. Hold a public hearing to consider and act upon a request by Jim Ruddell for a variance to Section 11.3 of the 1985 Zoning Ordinance in order to reduce the front yard from the required twenty-five feet to six feet and Section 11.4 of the 1985 Zoning Ordinance in order to reduce the covered parking requirement from two-car to one-car, this property being located at 306 First Street and being Lot 9B of Block 5 of the Railroad Addition. (ZBOA Case No. 2002-15) , • Friday, ugust 23, 2002 at 5:00 p.m. THE WYLIE MUNICIP �� WHEELCHAIR ACCESSIBLE. SIGN INTERPRETATION OR OTHER SPECIAL ASSISTANCE FOR DISABLED AT • ' RE GUESTED 48 HOURS IN ADVANCE BY CONTACTING THE CITY SECRETARY'S OFFICE AT 442-8100 OR TDD AT 442-8170. Zoning of Ad ' ustments, , , , , . , , , . : , , , t i 9, .. ..m nmo ..�...... , J 1. .,....,.,.A .gym.... - .... .,,a.. �` d�.-. p., .. ,. ., ,, , , 4 , , v • , , , , , , , � R 3 , , . t S I } k ! 3 CIty . August Regular Business Meeting AGENDA Zoning Board of Adjustment City Council Chambers - Wylie Municipal Complex 2000 Highway 78 North Wylie, Texas 75098 Monday, August 26, 2002 7:00 p.m. CALL TO ORDER CITIZEN PARTICIPATION CONSENT AGENDA 1. Consider and act upon approval of the Minutes of the July 22, 2002 Meeting. PUBLIC HEARINGS 1. Hold a public hearing to consider and act upon a request by Scott Silvis of Fox and Jacobs Homes for a variance to Section 27.20(c) of the Zoning Ordinance (Sign Ordinance) in order to permit an off-premises development sign for the Cimarron Estates Phase I Addition, this property being located on State Highway 78 at Anson Parkway. (ZBOA Case No. 2002-08) TABLED from the July 22, 2002 Meeting 2. Hold a public hearing to consider and act upon a request by Scott Silvis of Fox and Jacobs Homes for a variance to Section 27.20(c) of the Zoning Ordinance (Sign Ordinance) in order to permit an off-premises development sign for the Birmingham Farms Phase 2A Addition, this property being located on West Brown Street (F.M. 3412) at Sanden Boulevard. (ZBOA Case No. 2002-09) TABLED from the July 22, 2002 Meeting 3. Hold a public hearing to consider and act upon a request by Tabor Maxwell of Ryland Homes for a variance to Section 27.20(c) of the Zoning Ordinance (Sign Ordinance) in order to permit an off-premises development sign for the Meadows of Birmingham Addition, this property being located on West Brown Street (F.M. 3412) at Westgate Way. (ZBOA Case No. 2002-10) 4. Hold a public hearing to consider and act upon a request by Ron Johnson for a variance to a platted building line and Section 19.3(1)(c) of the Zoning Ordinance in order to decrease the required rear yard setback from twenty feet to ten feet, this property being located at 640 West Brown Street (F.M. 3412) and being Lot 59R, Block E, of the Point North Addition. (ZBOA Case No. 2002-11) TABLED from the July 22, 2002 Meeting ZBOA Agenda August 26, 2002 Page 2 5. Hold a public hearing to consider and act upon a request by Tommy Pulliam for a variance to Section 4.4 of the Zoning Ordinance in order to reduce the required side yard from twenty-five feet to ten feet, this property being located at 201, 203, 205 and 207 Windco Circle and being Lots 5, 6, 7 and 8 of the Wyndham Estates Phase Ill Addition. (ZBOA Case No. 2002-12) 6. Hold a public hearing to consider and act upon a request by Jim Ruddell for a variance to Section 11.3 of the 1985 Zoning Ordinance in order to reduce the front yard from the required twenty-five feet to 9.83 feet, the rear yard from the required twenty-five feet to 8.83 feet and the street side yard from the required twenty-five feet to ten feet eleven inches, and Section 11.4 of the 1985 Zoning Ordinance in order to reduce the covered parking requirement from two-car to one-car, this property being located at 111 Keefer Street and being Lot 40 of Block 9 of the Brown and Burns Addition. (ZBOA Case No. 2002-13) 7. Hold a public hearing to consider and act upon a request by Jim Ruddell for a variance to Section 11.3 of the 1985 Zoning Ordinance in order to reduce the front yard from the required twenty-five feet to 9.83 feet, the rear yard from the required twenty-five feet to 8.83 feet, and Section 11.4 of the 1985 Zoning Ordinance in order to reduce the covered parking requirement from two-car to one-car, this property being located at 301 Marble Street and being Lot 41A of Block 9 of the Brown and Burns Addition. (ZBOA Case No. 2002-14) 8. Hold a public hearing to consider and act upon a request by Jim Ruddell for a variance to Section 11.3 of the 1985 Zoning Ordinance in order to reduce the front yard from the required twenty-five feet to six feet and Section 11.4 of the 1985 Zoning Ordinance in order to reduce the covered parking requirement from two-car to one-car, this property being located at 306 First Street and being Lot 9B of Block 5 of the Railroad Addition. (ZBOA Case No. 2002-15) , • Friday, ugust 23, 2002 at 5:00 p.m. THE WYLIE MUNICIP �� WHEELCHAIR ACCESSIBLE. SIGN INTERPRETATION OR OTHER SPECIAL ASSISTANCE FOR DISABLED AT • ' RE GUESTED 48 HOURS IN ADVANCE BY CONTACTING THE CITY SECRETARY'S OFFICE AT 442-8100 OR TDD AT 442-8170. CI of Wylie Public Hearing Item No. 1 ZBOA No. 2002-08 Zoning Board of Adjustment Public Hearing: August 26, 2002 Owner/Applicant: Scott Silvis For Fox and Jacobs Homes Location: State Highway 78 North at Anson Parkway, north of the Cimarron Estates Phase I Addition Request: Variance of Section 27.20(c) of the Zoning Ordinance to permit an off-premises development sign Background: This item was tabled by the Board on July 22, 2002 because the applicant was not in attendance to respond to questions. Cimarron Estates is a residential subdivision which was platted and construction initiated in April of 2002. The subdivision is located approximately 580 feet south of new State Highway 78 North, and accessible from S.H. 78 only by Anson Parkway (although the subdivision is also accessible from Brown Street which it abuts on the south). The City permitted and the applicant erected at S.H.78 and Anson a sign promoting the development, on property which is not part of the subdivision. Section 27 of the Sign Regulations defines a development sign as "any temporary, on- site promotional sign pertaining to the development of land or subdivision". Section 27.20(c) states that "such signs must be related only to the property on which they are located... A development sign must be removed when the project is 90 percent complete". This provision prohibits even these temporary promotional signs which are not located on the property which they are intended to identify and promote. The City Council is currently considering revisions to the Sign Regulations, but the prohibition against off-premises signs is also included in the new regulations. ZBOA 2002-08 Section 27.16 states that "appeals of the provisions of the Sign Regulations shall be heard by the Board of Adjustment in accordance with the following criteria: the type of sign, the location, existence of other signs in the general area, the reason for the requested variance, the duration of the requested variance, the effect on public safety, protection of neighboring property, the degree of hardship or injustice and such other factors as they deem pertinent. No variance shall be granted by the Board if the same conflicts with the spirit of this Ordinance... A concurring vote of a majority of those present shall be necessary to render a decision in favor of the applicant." Considerations: 1. Public Comment Forms were mailed as required by State Law to owners of three (3) properties within 200 feet of this request. No Comment Forms have been returned at the time of this posting. 2. The request is not for a variance of requirements of the Sign Regulations, but for a complete waiver of a specific requirement contrary to the philosophy of that requirement. The Board may not grant a variance which is found to be "in conflict with the spirit" of the regulations. 3. The applicant contends that a sign located on land within the Cimarron Estates subdivision would be more difficult to see by traffic along S.H. 78, and desires the sign to be located at 78 in order to attract the attention of more potential home buyers. 4. The applicant developed and dedicated to the City Anson Parkway as access to the Cimarron Estates subdivision. 5. The applicant purchased, developed and dedicated to the City the Anson Parkway right-of-way with no provision for location of the sign at the S.H. 78 location. The area is developing in the pattern in which it has been zoned since at least 1985 to permit commercial uses along the S.H. 78 frontage and residential uses to the south behind this commercial. The land ownership was divided to allow the Cimarron Estates residential development generally along the established division in zoning. 6. As erected, the subject sign presents no visibility obstructions for traffic on S.H. 78 and it complies with the requirements of the Sign Regulations with the exception that it is located off of the premises which it promotes. 7. Regardless of its location, the subject sign is permitted only temporarily, as the Sign Regulations limit the duration of such signs until the project is 90 percent completed. ZBOA 2002-08 Financial Considerations: Application fee - Paid Attachments: Location Map Notification List and Map Site Photographs Subject Property State Highway No . 78 •• i r run 2 ww i \ \ 18 I o lint,, i I i i 2 I 1i a,"",,,,,,,,,,, I 1 •1111111111111111111111411 I I I iI Konvie 2 raLELEM I I I I Ii I I ' \ , i i Gold Hill a L. I i i • H . , , , I i LOCATION MAP ZBA CASE #2002-08 NOTIFICATION REPORT APPLICANT: Scott Siiuis- Fox&Jacobs APPLICATION FILE ZBA#2002-08 9229 LBJ Frwy, Ste 100 Dallas, Tx. 75243 # BLK/ABST LOT/TRACT TAX I.D. # PROPERTY OWNER NAME ADDRESS Applicant 9229 LBJ Frwy, Ste 100 1 Scott Sildls- Fox&Jacobs Dallas, Texas 75243 Wylie Highway 78 JV 5949 Sherry Lane #1225 2 Abst 688-3 Tract 35 R-6688-003-0350-1 c/o Bobby Beilue Dallas, Texas 75225 114 W. 11th Street 3 Abst 688-3 Tract 36 R-688-003-0360-1 Rice-Carden Corp. Kansas City, MO 64105-1804 Bill Lovil, P.E. P.O. Box 90 4 S.H. 78 Texas Dept. of Transportation McKinney, Texas 75069 5 6 7 8 9 10 11 12 13 14 15 16 4. 7g2- 3 a y \ o . 7.,_ ... . ,,,,,,,,, . . _ ... .._..., . , ..: ,.. ,,, , „...,_,,.,,,.,,:....,...,...„;,..„,,,..„,..„.-„,..„...,..,..,:,,,,o,,,,,-,,,,,,..4'-''''''''''''''. -T;(00--r 8 itcto Hghw • „. . .. ., F' `" 3S S o 22 21 20 19 1A 17 ZBOA Case No. 2002-08 Cimarron Estates— Sign Variance »Mtn _ n% _"� -j lt� `ai+a at View of subject sign looking east on State Highway 78 at Anson Parkway. • Looking north from nearest lot toward subject sign on State Highway 78. • • Ottt of Wylie Public Hearing Item No. 2 ZBOA No. 2002-09 Zoning Board of Adjustment Public Hearing: August 26, 2002 Owner/Applicant: Scott Silvis For Fox and Jacobs Homes Location: West Brown Street (F.M. 3412) at Sanden Boulevard, south of the Birmingham Farms Phase 2A Addition Request: Variance of Section 27.20(c) of the Zoning Ordinance to permit an off-premises development sign Background: This item was tabled by the Board on July 22, 2002 because the applicant was not in attendance to respond to questions. Birmingham Farms Phase 2A is a residential subdivision which was platted and construction initiated in June of 2002. The subdivision is located approximately 800 feet north of West Brown Street, and accessible from Brown Street only by Sanden Boulevard. Without City permit, the applicant erected at Brown and Sanden a sign promoting the development, on property which is not part of the subdivision. Section 27 of the Sign Regulations defines a development sign as "any temporary, on- site promotional sign pertaining to the development of land or subdivision". Section 27.20(c) states that "such signs must be related only to the property on which they are located... A development sign must be removed when the project is 90 percent complete". This provision prohibits even these temporary promotional signs which are not located on the property which they are intended to identify and promote. The City Council is currently considering revisions to the Sign Regulations, but the prohibition against off-premises signs is also included in the new regulations. ZBOA 2002-09 Section 27.16 states that "appeals of the provisions of the Sign Regulations shall be heard by the Board of Adjustment in accordance with the following criteria: the type of sign, the location, existence of other signs in the general area, the reason for the requested variance, the duration of the requested variance, the effect on public safety, protection of neighboring property, the degree of the hardship or injustice and such other factors as they deem pertinent. No variance shall be granted by the Board if the same conflicts with the spirit of the Ordinance... A concurring vote of a majority of those present shall be necessary to render a decision in favor of the applicant." Considerations: 1. Public Comment Forms were mailed as required by State Law to owners of seven (7) properties within 200 feet of this request. No Comment Forms have been returned at the time of this posting. 2. The request is not for a variance of the requirements of the Sign Regulations, but for a complete waiver of a specific requirement contrary to the philosophy of that requirement. The Board may not grant a variance which is found to be "in conflict with the spirit" of the regulations. 3. The applicant contends that a sign located on land within the Birmingham Farms 2A subdivision would be more difficult to see by traffic along West Brown Street, and desires the sign to be located at Brown in order to attract the attention of more potential home buyers. 4. The applicant purchased, developed and dedicated to the City Sanden Boulevard as access to the Birmingham Farms 2A subdivision with no provision for the location of the sign at the Brown location. 5. Since approximately 1985, the area between Brown and the Birmingham Farms 2A subdivision was zoned to permit commercial uses along the Brown Street frontage and residential uses to the north behind this commercial, much in the pattern in which it is developing. The zoning of this area was changed to Single Family-8.5/17 Residential, removing the commercial zoning, in December of 2001 when the new City-wide Zoning Ordinance and revised Zoning Map were adopted by City Council. At one time, both the commercial and residential lands were under single ownership, and the Birmingham Farms residential subdivision was platted generally along the established division of the previous zoning. 6. As erected, the subject sign presents no visibility obstructions for traffic on West Brown Street and it complies with the requirements of the Sign Regulations with the exception that it is located off of the premises which it promotes. ZBOA 2002-09 7. Regardless of its location, the subject sign is permitted only temporarily, as the Sign Regulations limits the duration of such sign until the project is 90 percent completed. Financial Considerations: Application fee - Paid Attachments: Location Map Notification List and Map Site Photographs E I C I 8 r I I c0 •IIIIIIIIIIii, %.,.\ IIIIIIlIiIR,*9.$41 Chiffon Drive 11111111111116 , Niiimopppy 4 Subject Property ' / \ t Brown Street i i i L __,_______0 i j I i /.. I j ! I j / f" 1 I I I 1 / / L..' I J// i 1 i / j LOCATION MAP ZBA CASE #2002-09 NOTIFICATION REPORT APPLICANT: Scott Siluis - Fox &Jacobs APPLICATION FILE ZBA #2002-09 9229 LBJ Frwy, Ste 100 Dallas, Tx. 75243 # BLK/ABST LOT/TRACT TAX I.D. # PROPERTY OWNER NAME ADDRESS Applicant 9229 LBJ Frwy, Ste 100 1 Scott Siluis - Fox&Jacobs Dallas, Texas 75243 17519 Muirfield Drive 2 Abst. 22 Tract 1 R-6022-000-0010-1 Birmingham Land Ltd. Dallas, Texas 75287 2800 Surveyor Blvd. Bldg 1 3 Abst. 22 Tract 13 R-6022-000-0130-1 Centex Homes Carrollton, Texas 75006 6800 Coil Road 4 Abst. 563 Tract 2 R-6563-000-0020-1 Frances Bates Wells Piano, Texas 75023 P.O. Box 902 5 Abst 266 Tract 38 R-6266-000-0380-1 John Ereckson, Jr. Wylie, Texas 75098 P.O. Box 1404 6 Abst 266 8 R-6266-000-0080-1 John Ereckson Wylie, Texas 75098 P.O. Box 431 7 Abst 266 9 R-6266-000-0090-1 Ledon Bramlett Wylie, Texas 75098 Collin County 210 S. McDonald Street 8 Brown Street Commissioner's Court McKinney, Texas 75069 9 10 11 12 13 14 15 16 ( I, _.. „:„„,,,,,,,,,,,,,,,,,,,,..„ ._ AO- ,...,,,,.,..„,,,, ...„...„,„..„.,...,„ :..,,,,_....,... .., ,, fr. ( ,4406104w,i, ..,!:, ,,t-,, ,..,,,,„,,,„:„5,,,„„,„,,,,4„ ..VID'.x-- '4(0.., , ` 1 ems` v n a t r9 a�"y� ��,�*;r„�s �'f. �,l s�� c�V c„ci�=s,i, 1 Y-- h M ^M1 1 §K } .� a '', as 1 Y A 4' suh e 1" u�r,4 au. i` <z.#r4 �,�'a....1 sue. ;x,'a „v''ct h 3 -`fix*, 1* -' k«,$ "< ", fir.,£ K.+,e.: w �-,� ti r.: ,a e �''fa T �,d'�, Y��fut'� �a � .>�+��r s lrifi qn ,ri'�4�* wai, r��t a .t .�J x �+, tr oc- , :c S '" ifpi' u'.i r�',tct zq �a - ,, i Y! WP c / �sa k //� �./�� � �N B�ro� �L-�."�+a4� 3 � rg�1 Y'A�� '� � C 4 . /f i.r w°S� f 4 4glii z<,r 31,�, �m .1 s��+"'jai. t v 4 c kk,/, ec s r t+'?r �� t �`S�"� � �5.. � "�f Chu""+ 'd�, 5`.` M1 s2 YE i Y «r f i.47-s-:7*-...21epiti rw "iw� "d' fkySSr 1 ,,((.. Is f(' C' I. l I • 1 0(,�bA v01.- 01 ✓ ZBOA Case No. 2002-09 Birmingham Farms Phase 2A—Sign Variance LP: b" ,3 ' frJ� K� � a tiR.,y "}•.� � fir . , . , `:j.4G�n — k t1 ,, � r ! ..cam .... ,.. View of subject sign looking west on F.M. 3412 (West Brown Street) at Sanden Boulevard. y ' aF • y' a4 e L 3j1 i 5x 'a a K a r n t ii El It- 11, Looking south from nearest lot toward sign on F.M. 3412 (West Brown Street). i . City of Wylie Public Hearing Item No. 3 ZBOA No. 2002-10 Zoning Board of Adjustment Public Hearing: August 26, 2002 Owner/Applicant: Tabor Maxwell For Ryland Homes Location: West Brown Street (F.M. 3412) at Westgate Way, south of the Meadows of Birmingham Addition Request: Variance of Section 27.20(c) of the Zoning Ordinance to permit an off-premises development sign Background: The Meadows of Birmingham Addition is a residential subdivision which was platted and construction initiated in June of 2002. The subdivision is located approximately 500 feet north of West Brown Street, and accessible from Brown Street only by Westgate Way. The City permitted and the applicant erected at Brown and Sanden a sign promoting the development, on property which is not part of the subdivision. Section 27 of the Sign Regulations defines a development sign as "any temporary, on- site promotional sign pertaining to the development of land or subdivision". Section 27.20(c) states that "such signs must be related only to the property on which they are located... A development sign must be removed when the project is 90 percent complete". This provision prohibits even these temporary promotional signs which are not located on the property which they are intended to identify and promote. The City Council is currently considering revisions to the Sign Regulations, but the prohibition against off-premises signs is also included in the new regulations. ZBOA 2002-10 Section 27.16 states that "appeals of the provisions of the Sign Regulations shall be heard by the Board of Adjustment in accordance with the following criteria: the type of sign, the location, existence of other signs in the general area, the reason for the requested variance, the duration of the requested variance, the effect on public safety, protection of neighboring property, the degree of the hardship or injustice and such other factors as they deem pertinent. No variance shall be granted by the Board if the same conflicts with the spirit of the Ordinance... A concurring vote of a majority of those present shall be necessary to render a decision in favor of the applicant." Considerations: 1. Public Comment Forms were mailed as required by State Law to owners of six (6) properties within 200 feet of this request. No Comment Forms have been returned at the time of this posting. 2. The request is not for a variance of the requirements of the Sign Regulations, but for a complete waiver of a specific requirement contrary to the philosophy of that requirement. The Board may not grant a variance which is found to be "in conflict with the spirit" of the regulations. 3. The applicant contends that a sign located on land within the Meadows of Birmingham subdivision would be more difficult to see by traffic along West Brown Street, and desires the sign to be located at Brown in order to attract the attention of more potential home buyers. 4. The applicant purchased, developed and dedicated to the City Westgate Way as access to the Meadows of Birmingham subdivision with no provision for the location of the sign at the Brown location. 5. Since approximately 1985, the area between Brown and the Meadows of Birmingham Farms subdivision was zoned to permit commercial uses along the Brown Street frontage and residential uses to the north behind this commercial, much in the pattern in which it is developing. The zoning of this area was changed to Single Family-8.5/17 Residential, removing the commercial zoning, in December of 2001 when the new City-wide Zoning Ordinance and revised Zoning Map were adopted by City Council. At one time, both the commercial and residential lands were under single ownership, and the Meadows of Birmingham residential subdivision was platted generally along the established division of the previous zoning. 6. As erected, the subject sign presents no visibility obstructions for traffic on West Brown Street and it complies with the requirements of the Sign Regulations with the exception that it is located off of the premises which it promotes. ZBOA 2002-10 7. Regardless of its location, the subject sign is permitted only temporarily, as the Sign Regulations limits the duration of such sign until the project is 90 percent completed. Financial Considerations: Application fee - Paid Attachments: Location Map Notification List and Map Site Photographs .y 5 „ W. ��, �� 11 8 = 10 5 4 23 //Z. %� 2 AL A 3 15 I • © 10 9 1 1 i 3 24 O 3 12 2 25 �O� I 2 \ # 4$iP48176413 I� `\ 20 .. . _.._.. _ Regret \. 30140 i \ i \ i \ Subject \. Property i i i i i West rown ,R 2R 3R c I 8 ?'O COLnt 2 O la p 0 Gateway i as . O 7 z ♦R 3R 2R 1R , • • 111 ,�' Oa �� 3R W / 6 5 o 114ik1 k I I I1,11 a1IT1L0s tt •�.- 9 10 11 12 13 1♦ 15R 2 Nickelville Lane 4111 . \` N�ciIii1I1i,it16 dIl a)© Je erson e v ,e reet © 5 18 O Ea I Lig I I Dia 8 V�I,10 . ®g 8 _l___ Vl eOca4Wirt Al e 110 VIII a) gm ® E •34111, 2MI vs �ceoC IIIIID e %ce1 a ,. Ng �• v ,2U 221 e LOCATION MAP ZBA CASE #2002- 10 NOTIFICATION REPORT APPLICANT: Tabor Maxwell - Ryland Homes APPLICATION FILE ZBA#2002-10 12200 Ford Road, Ste 400 Dallas, Tx. 75234 # BLK/ABST LOT/TRACT TAX I.D. # PROPERTY OWNER NAME ADDRESS Applicant 12200 Ford Road, Ste 400 1 Tabor Maxwell - Ryland Homes Dallas, Texas 75234 Westgate I 604 Gateway Bend 2 Blk 18 Lot 1 R R-2151-018-001 R-1 Damon Ainsworth Wylie, Texas 75098 Westgate I 602 Gateway Bend 3 Blk 18 2R R-2151-018-002R-1 Dwight Cole Wylie, Texas 75098 Westgate I 600 Gateway Bend 4 Blk 18 3R R-2151-018-003R-1 Archie Pugh Wylie, Texas 75098 Westgate III 700 Gateway Bend 5 Blk C Lot 1 R-3952-00C-0010-1 Aretha Harris Wylie, Texas 75098 17519 Murifield Drive 6 Abst. 1021 Tract 2 R-7021-000-0020-1 Birmingham Land Ltd. Dallas, Texas 75287-7418 Collin County 210 S. McDonald Street 7 Brown Street Commissioner's Court McKinney, Texas 75069 8 9 10 11 12 13 14 15 16 \_______ . . - . • - . • - . . -A f /021 bst /o?I T—r 2. Tr 2 r Cy s. a� �6ys,El M• CoU i CD ......:`.*..-....0...4l-"....f * Coyvtmiss i av(e) 5 �town Sree+ \e/ o. z ,,r, 5 4 3 2 ' R 2R 3R �8 U 0 INS c�TeL We e T nn Cctcwcy ......_ U 5 4 3 2 co 2R 1R '1 ' ..,,,-- _ zI 2o2 - to i ''- loo ' ZBOA Case No. 2002-10 Meadows of Birmingham - Phase 1 —Sign Variance Meadows of Birmingham JI View of subject sign looking west on F.M. 3412 (West Brown Street) at Westgate Way. R, sof Hirmir�k��' KW rirjG :rsS _. t �. . _ —w®tou - __ .- -.. Mt Looking north from F.M. 3412 (West Brown Street) toward model homes of the subject subdivision. i of Wyse Public Hearing Item No. 4 ZBOA No. 2002-11 Zoning Board of Adjustment Public Hearing: August 26, 2002 Owner/Applicant: Ron Johnson Location: 640 West Brown Street (F.M. 3412), Lot 59R, Block E, of the Point North Addition Request: Variance of Section 19.3(1)(c) to decrease the required and platted rear yard from the required 20 feet to 10 feet. Background: This item was tabled by the Board on July 22, 2002 at the request of the applicant who could not be in attendance at the meeting. The subject property was platted and developed under the previous Zoning Ordinance, and is therefore governed by the requirements then in force. The previous Business-2 District, under which the property was platted and developed, required a rear yard setback of twenty (20) feet when abutting residential uses. The Final Plat provided for a twenty (20) feet building line along the rear of the property, and the primary building on the lot, occupied by the Premier Learning Center, was constructed in compliance with this building setback required by the zoning and plat. In December of 2001, zoning of the property was changed to Neighborhood Services, which requires a rear yard of ten (10) feet. The owner/applicant initiated construction of an additional building to the rear of the primary building, to be used for recreational purposes related to the day care use. The form survey indicated that the slab of the new building had been constructed 10.7 feet from the property line, but also indicated the platted 20 feet building line as "subject to change upon approval from City". ZBOA 2002-11 This discrepancy was not recognized by either the applicant's contractor or the City Building Inspection staff, and the new construction is nearing completion. The subject request for a variance is intended to reconcile the discrepancy and validate the rear yard setback as constructed. Section 8.3 of the Zoning Ordinance provides that the Zoning Board of Adjustment may permit a variance to the requirements of the Zoning Ordinance if the variance is not contrary to the public interest and, due to special conditions of the site, a literal enforcement of the ordinance would result in unnecessary hardship, and so that the spirit of the Ordinance is observed and substantial justice is done. The Board may impose any reasonable conditions on the issuance of a variance and may amend the variance from that requested. The concurring vote of 75 percent of the members of the Board shall be necessary to reverse any order, requirement, decision or determination of any administrative official, or to decide in favor of the applicant to effect any variance in the Ordinance. This section further states that in order to grant a variance to the Ordinance, the Board shall find that all of the following have been satisfied: 1. That there are unique physical circumstances or conditions of the lot, or other exceptional physical conditions particular to the affected property; 2. That because of these unique and exceptional circumstances, the property cannot be reasonably developed or used in compliance with the provisions of the Zoning Ordinance; 3. That due to such unique and exceptional circumstances, the strict application of the Ordinance would create a demonstrated hardship (convenience, profit or caprice shall not constitute undue hardship); 4. That the demonstrated hardship is not self-imposed; 5. That the variance, if granted, will not adversely affect the proposed development or use of adjacent property or neighborhood; 6. That the variance, if granted, will not change the character of the zoning district in which the property is located; 7. That the variance, if granted, is in keeping with the intent of the Ordinance; and 8. That the variance, if granted, will not adversely affect the health, safety or welfare of the citizens of Wylie. Considerations: 1. Public Comment Forms were mailed as required by State Law to owners of fourteen (14) properties within 200 feet of this request. No Comment Forms have been returned at the time of this posting ZBOA 2002-11 2. The rear yard setback of 10 feet fully complies with current Neighborhood Services zoning, but does not comply with the 20 feet requirement of the platting and Zoning Ordinance in force when the construction initiated. When platted building lines and setbacks required by zoning are in conflict, the platted conditions shall apply. The requested variance will reconcile the discrepancy and legalize the construction as built. 3. Development on the abutting property to the west (also a multi-building day care facility) complies with the previous 20 feet rear yard setback. Properties across the alley to the north are zoned and developed for single-family residential uses, and the property to the west is the WISD elementary school. Financial Considerations: Application fee - Paid Attachments: Location Map Form Survey Site Photographs Notification List and Map - _____- ��L o0) a f� ill P i s i �� i Regret Dr. II 1 Subject a Lane i Property i i - -I Vicki i : 1 West brow �___w: n Street ) *"liII ' i g e _ Lane /, Pli o Je erson lillirari ree . 4 - N t tee a' o c� > - � 41111110111W Je erson4 < L. P1°ce U4111111 r,- „ _ reek- 1. LOCATION MAP ZBA CASE #2002- 11 0 S 8 '53'28" E. 94.52' 1/2" IRs V. R = 40.00' /'�._ LE „ ^\ e�„ ,. f a c 1.4'f/ 519.25' it = 62.55' _ r 34.9' • . I 20' BLDG. LINE (SUBJECT TO CHANGE / FORMS ONLY in P UPON APPROVAL FROM CI- N WOOD • .6' 51.2' JUNGLE �L�� 1 2" IRF GYM / 8.0' X 16.0' WOOD id •.�•,FRAME .. u. • d CD o •: r PO L ,. ' . EQUIPMENT N oL,.o o. ONE STORY BRICK " LOT 59R, BLOCK E '' ' % '• :: ' 640 F. M. 3412 .; r ' r LOT 58R- • POOL t— 29.5' : r� b _ 0 4- 74.8' 27.4'_ 4,1 —�' ® O O 1.0'f O O e'7 BRICK prn V CONCRETE gr° DRIVEWAY Co r•-i rn — 30' WATER LINE EAS 1° © 20' BLDG. LINE TEE \ / 1/2" IRS j TELE i M / 657.31' N 88°30'00" W 130.00' 1/2" IRS if-- \1 UNDERGROUND BOX TRIC ' / IO SIGN F. M. 3412 50' R.O.W. NOTIFICATION REPORT APPLICANT: Ron Johnson APPLICATION FILE ZBA #2002-11 640 W. Brown Wylie, Texas 75098 # BLK/ABST LOT/TRACT TAX I.D. # PROPERTY OWNER NAME ADDRESS Applicant 640 W. Brown Street 1 Ron Johnson Wylie, Texas 75098 Pointe North 1 510 Vicki Lane 2 Blk E Lot 45 R-1878-005-0450-1 Mark Staup Wylie, Texas 75098 Pointe North 1 1210 Lochness Lane 3 BIk E 46 R-1878-005-0460-1 Denver Smith, Ill Garland, Texas 75044 Pointe North 1 514 Vicki Lane 4 BIk E 47 R-1878-005-0470-1 Marcus Mueller Wylie, Texas 75098 Pointe North 1 516 Vicki Lane 5 BIk E 48 R-1878-005-0480-1 Wayne Wigington Wylie, Texas 75098 Pointe North 1 517 Vicki Lane 6 BIk E 49 R-1878-005-0490-1 David Kooser Wylie, Texas 75098 Pointe North 1 515 Vicki Lane 7 Blk E 50 R-1878-005-0500-1 Michael Plunk Wylie, Texas 75098 Pointe North 1 513 Vicki Lane 8 BIk E 51 R-1878-005-0510-1 Jason Jallo Wylie, Texas 75098 Pointe North 1 511 Vicki Lane 9 BIk E 52 R-1878-005-0520-1 Allen Smith Wylie, Texas 75098 Pointe North 1 509 Vicki Lane 10 BIk E 53 R-1878-005-0530-1 Jeffrey Stoker Wylie, Texas 75098 Pointe North 1 2800 E. Plano Parkway, #300 11 BIk E 58R-1 R-1878-005-058R-1 Rick Loyd Piano, Texas 75074 Pointe North 1 P.O. Box 2109 12 BIk E 59R R-1878-005-059R-1 Ron Johnson Wylie, Texas 75098 Summit Private School P.O. Box 2109 13 Blk E Lot 1 R-4401-00A-0010-1 Jonvitch, Inc. Wylie, Texas 75098 1001 S. Ballard Avenue 14 Abst 1021 Tract 3 R-7021-000-0030-1 Wylie I.S.D. Wylie, Texas 75098 Collin County 210 S. McDonald Street 15 Brown Street Commissioner's Court McKinney, Texas 75069 16 Paine Afore 47 46 45 44 S 510 508 5 ;,-��s r '�4 F +,.; ,�*. .N�� 4 a+3.:' +'A -‘:i'Llt.4.1 1 i tjektg[1.'404:.#;Witi:1.0:t1.7;r2,:',X,! � V 1 V'�y V n z x2'z iz x S ar, z10 �. z� �T'f4 > -Q 5 zrt yY ?'� r .r-n % ,li i+ & (`if � ',fizs '�.24spe ofe. rc dam, : 5U �. S. yam, �.' r ,6�x.M , ..'ggR 4 t 4 S, v} a--. a ; .. 9a- ..,,u f//���'��///� t 'F ve�i , b,. a$ f' v.' y jL�1$'�'',G. 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A tr51-1 G 0a1(4—• • ZS6 ZBOA s . - 640 West e BrownNo Street \ . ,77., t K t. �" iv I 1 „,,,, ",'": ,. -, - -. View of subject building looking east from alley showing 10 feet setback. �� ,,.�N." ; .�..- `; - X'arorIr Yap 4€ '. g � 4.2 r . 8 s Va 1:_a 3 Looking east from rear property line toward adjacent building meeting required setback. of: # City of Wylie Public Hearing Item No. 5 ZBOA No. 2002-12 Zoning Board of Adjustment Public Hearing: August 26, 2002 Owner/Applicant: Tommy Pulliam Location: 201, 203, 205 and 207 Windco Circle, Lots 5, 6, 7 and 8 of Wyndham Estates Phase Ill Addition Request: Variance of Section 4.3 of the Zoning Ordinance to decrease the required side yard from 25 feet to 10 feet on the interior side and 20 feet for the street side and the rear yard from 25 feet to 5 feet Background: The subject property was created by the platting of the Wyndham Estates Phase III Addition in February of 1986. The property was at the time of platting and remains zoned for Industrial (I) uses. The Wyndham Estates plat created lots measuring fifty feet in width and 153 feet deep. The development requirements of the Zoning Ordinance in force at the time of platting required a front yard of twenty feet, no rear yard and no side yard for interior sides and twenty feet side yards on street sides. The subdivision plat established these setbacks as required at that time. The applicant desires to replat four of these originally smaller lots into two lots of approximately one hundred feet in widths. The Industrial District of the current Zoning Ordinance requires fifty feet front yards, and twenty feet side and rear yards. The applicant's future development will comply with the now required fifty feet front setback, but is requesting the variances in order to allow a twenty feet wide side yard along the street, as well as ten feet interior side yards and five feet rear yards on each of the lots. ZBOA 2002-12 Section 8.3 of the Zoning Ordinance provides that the Zoning Board of Adjustment may permit a variance to the requirements of the Zoning Ordinance if the variance is not contrary to the public interest and, due to special conditions of the site, a literal enforcement of the ordinance would result in unnecessary hardship, and so that the spirit of the Ordinance is observed and substantial justice is done. The Board may impose any reasonable conditions on the issuance of a variance and may amend the variance from that requested. The concurring vote of 75 percent of the members of the Board shall be necessary to reverse any order, requirement, decision or determination of any administrative official, or to decide in favor of the applicant to effect any variance in the Ordinance. This section further states that in order to grant a variance to the Ordinance, the Board shall find that all of the following have been satisfied: 1. That there are unique physical circumstances or conditions of the lot, or other exceptional physical conditions particular to the affected property; 2. That because of these unique and exceptional circumstances, the property cannot be reasonably developed or used in compliance with the provisions of the Zoning Ordinance; 3. That due to such unique and exceptional circumstances, the strict application of the Ordinance would create a demonstrated hardship (convenience, profit or caprice shall not constitute undue hardship); 4. That the demonstrated hardship is not self-imposed; 5. That the variance, if granted, will not adversely affect the proposed development or use of adjacent property or neighborhood; 6. That the variance, if granted, will not change the character of the zoning district in which the property is located; 7. That the variance, if granted, is in keeping with the intent of the Ordinance; and 8. That the variance, if granted, will not adversely affect the health, safety or welfare of the citizens of Wylie. Considerations: 1. Public Comment Forms were mailed as required by State Law to owners of twenty- two (22) properties within 200 feet of this request. No Comment Forms have been returned at the time of this posting. 2. Platting of the subject lots vests the right to development according to the setback requirements of the Zoning Ordinance in force at time of platting and established by the platting. However, it is the applicant's contention that the lots are to small for modern industrial/commercial uses, and he desires to replat the lots in order to create two larger lots. Replatting will eliminate the vested right in the earlier setbacks and force compliance with the greater setbacks of the current Zoning Ordinance. ZBOA 2002-12 3. The requested variance will allow an interior side yard of ten feet rather than the currently required twenty-five feet, which is a variance of fifteen feet or sixty percent. The requested variance will allow a street side yard of twenty feet rather than the required twenty-five feet, which is a variance of five feet or twenty percent. The requested variance will allow a rear yard of five feet rather than the required twenty- five feet, which is a variance of twenty feet or eighty percent. 4. The earlier Zoning Ordinance in force when the property was initially platted required no interior side yard or rear yard. The required and platted street side yard was twenty feet, the same as allowed by the requested variance. The front yard will be required to be fifty feet as opposed to the earlier required twenty feet. 5. The existing platting pattern of small lots minimizes the potential to be developed as industrial uses, and limited new development has occurred in the vicinity recently. As early as 1987, replatting to combine several of these small lots, such as is anticipated by the applicant, has accommodated larger development, including lots directly across Wyndham to the east and to the north at the end of the cul-de-sac. These replats complied with the earlier setback requirements, which were all narrower than the current requirements. The requested variances offer a compromise between which complies with the current front yard requirements while exceeding the previous rear and interior side yard requirements. Financial Considerations: Application fee - Paid Attachments: Location Map Site Plan (Illustrating requested yard setback requirements and variances) Site Photographs Notification List and Map with Responses .... . , , .,. .-. ...... 6 .., .,.. „...---- - ......- .., i .,- ..--•••-• .-- .-- .-- .- /'. ..... ...... , .. ,- ../ .----.. •-• ---•...." ........-"....., .. - ,. ..- ...,. .., .- •-• .- - _..-------- .-- - Me ....' i......"' ---",...-. ,...-.- NI' \..-.' i i .. ..,..-.:.;-."1..,..--- i i ..--• i i .,. ..... .., .., Subject i .,. ---- C ..,' J .,., i e2 Property ii li • ,,.. . i ! . .,. ..,. i ,, • .., ., . .„. i .,. ,.. 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" PRoPos ZBOA Case No. 2002-12 201, 203, 205, & 207 Windco Circle yty +-. —. . � ,. uR"S E ! + i r fir y} C : g4 ��"ST # � � ' View of subject lots looking north from Squire Drive at Windco Circle. 1 - oric 1 _ _._ 7.1 Looking west from corner of Windco Circle and Squire Drive at adjacent commercial properties. NOTIFICATION REPORT APPLICANT: Tommy Pulliam APPLICATION FILE ZBA#2002-12 P.O. Box 1 132 Wylie, Texas 75098 # BLK/ABST LOT/TRACT TAX I.D. # PROPERTY OWNER NAME ADDRESS Applicant P.O. Box 1132 1 Tommy Pulliam Wylie, Texas 75098 Wyndham Estates III 3020 Paint Brush Trail 2 --- Lot 1 R-2057-000-0010-1 Joe Cowgill Rockwall, Texas 75032 Wyndham Estates III 401 Adams Avenue 3 --- 3 R-2057-000-0030-1 Superior Carpet Cleaning Wylie, Texas 75098 Wyndham Estates III P.O. Box 519 4 --- 4 R-2057-000-0040-1 Arthur Criscuolo Wylie, Texas 75098 Wyndham Estates III 5949 Sherry Lane #1225 5 --- 5 R-2057-000-0050-1 Arapaho East, Inc. Dallas, Texas 75225-8067 Wyndham Estates III 5949 Sherry Lane #1225 6 --- 6 R-2057-000-0060-1 Arapaho East, Inc. Dallas, Texas 75225-8067 Wyndham Estates III 5949 Sherry Lane #1225 7 --- 7 R-2057-000-0070-1 Arapaho East, Inc. Dallas, Texas 75225-8067 Wyndham Estates III 5949 Sherry Lane #1225 8 --- 8 R-2057-000-0080-1 Arapaho East, Inc. Dallas, Texas 75225-8067 Wyndham Estates III 101 N. Greenville Avenue 9 --- 9 R-2057-000-0090-1 TC Investments Allen, Texas 75002-2200 Wyndham Estates III 101 N. Greenville Avenue 10 --- 10 R-2057-000-0090-1 TC Investments Allen, Texas 75002-2200 Wyndham Estates III 2600 Clear Springs Drive #1601 11 --- 14R R-2057-000-014R-1 Christopher Salinas Richardson, Texas 75082-4270 Wyndham Estates III 304 N. Yale Blvd 12 --- 16 R-2057-000-017A-1 Jerry Randack Richardson, Texas 75081-3927 Wyndham Estates III 304 N. Yale Blvd 13 --- 17A R-2057-000-017A-1 Jerry Randack Richardson, Texas 7508 1-392 7 Wyndham Estates III 304 N. Yale Blvd 14 --- 19 R-2057-000-0190-1 Jerry Randack Richardson, Texas 75081-3927 Wyndham Estates III 1100 Malone Street 15 --- 20 R-2057-000-0200-1 First Baptist Church Denton Denton, Texas 76201-2799 Wyndham Estates III 1100 Malone Street 16 --- 21 R-2057-000-0210-1 First Baptist Church Denton Denton, Texas 76201-2799 Wyndham Estates III 5949 Sherry Lane #1225 17 --- 22 R-2057-000-0220-1 Merrie Beckham Dallas, Texas 75225-8067 Wyndham Estates III 5949 Sherry Lane #1225 18 --- 23 R-2057-000-0230-1 Merrie Beckham Dallas, Texas 75225-8067 Wyndham Estates Ill 2709 Pinewood Drive 19 --- 24 R-2057-000-0240-1 Larry Nelson Garland, Texas 75044-5951 Wyndham Estates Ill P.O. Box 92726 20 --- 25 R-2057-000-0250-1 Techno Sport, Inc. Southlake, Texas 76092-0726 Wyndham Estates III 101 N. Greenville Avenue 21 --- 26R R-2057-000-026R-1 Tropical Oasis, LLC Allen, Texas 75002-2200 Wyndham Estates III 1010 Squire Drive 22 --- 28R R-2057-000-028R-1 Rushin Truss, Ltd. 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'F �'i '�'``+��, "Ry'ppy t.. ::,::,,..1... ..,t,;„..i.„,„.r.,,,„,, ........ `{ ,Y 'Sy t", .L4 F 't `a a. a1 ".S "*` ` 1 ram, ,, i ry -v *'"' '.n .— ,� m'C n.�5_`� e k't, *w..r ar .,43r i',,.,�-t ,,€ ,,+ _5,-- K-,'a� d.ays j�, `r sP at i :„raw'p p '� ,�"a m,4 +.ay 'x :K x �K�w�,��4'4' G` w* .� ti 4 hr... yt"Ya 1z U!\ tii ��� i4 a ,= k'�`'Y a :Fcy i f r 1 $, �� c ` t x �G t , :+ ;:'' e� fi. -v� , wry,: ,� + d �^bxf4 o y z 5z - . r +y t b k s ,E-ie- it .s `iirgt?v"x. . ti,.{•,r+t 3 # +.� .- , : -: xr.Z f 4 [� r- q- z sex,�i Z �,�,s#� hey *' � �t'nc�- ;s`:"ti r aw*{ r " �� r r � .; „ J -F- t€ K] r .ki ^,.i c si ,4 I l ; 1D0i . ..,bkv4.-"- 0 i /2 I ;4001, efiy of Wylie Public Hearing Item No. 6 ZBOA No. 2002-13 Zoning Board of Adjustment Public Hearing: August 26, 2002 Owner/Applicant: Jim Ruddell Location: 111 Keefer Street, Lot 40 of Block 9 of the Brown and Burns Addition Request: Variance of Section 11.3 of the 1985 Zoning Ordinance to reduce the front yard from the required 25 feet to 9.83 feet, the rear yard from the required 25 feet to 8.83 feet and the street side yard from the required 25 feet to 10 feet 11 inches, and of Section 11.4 to reduce the covered parking requirement from two-car to one-car Background: The Brown and Burns Addition is one of the oldest subdivisions within the City of Wylie. The subject property was originally created as a corner lot facing Keefer Street, and measuring approximately fifty-seven feet in width and one hundred twelve feet deep and totaling approximately 6,400 square feet. A subsequent replat created the current Lot 40, which is approximately fifty-nine feet by forty-five feet and totaling 2, 655 square feet. This earlier replatting also created Lot 41A, which measures approximately forty- five feet by fifty-seven feet and totals 2,600 square feet. That residue Lot 41A is on the current agenda for consideration of requests for similar variances. The subject lot is currently vacant, but was at one time occupied by a residence. The neighboring properties are occupied by single-family residences of varied age, size and maintenance condition. The property across Keefer Street is the railroad rig ht-of-way. ZBOA 2002-13 Section 245 of the Texas Local Government Code states that "each regulatory agency shall consider an application for a permit solely on the basis of any properly adopted requirements in effect at the time the original application for the permit was filed... Subsequent changes in local codes may not affect the lot size, lot dimensions, lot coverage or building size". Therefore, the earlier officially filed replat creating the subject lot is considered to vest development rights to the requirements of the Zoning Ordinance in force at the time of platting. It cannot be determined exactly when the replat occurred, nor what the development requirements were at that time. Since at least 1985, the subject lot has been zoned Single Family Residential - 3, requiring lots of 7,200 square feet, with minimum lot widths of sixty feet and lot depths of at least one hundred feet. The SF-3 District required front and rear yards of at least twenty-five feet, interior side yards of six feet and street side yards of twenty feet. Minimum dwelling size was 1,100 square feet, and two enclosed parking spaces were required. The protected dimensions of the subject lot do not comply with these lot requirements or allow dwellings of the required size and yard setbacks. With the adoption of a revised Zoning Ordinance and Map in February of 2002, the subject lot was rezoned to its current to Single Family — 8.5/17, requiring lots of 8,500 square feet and dwellings of 1,700 square feet. The SF-8.5/17 District requires seven feet interior side yards and twenty-five feet street side yards. The applicant desires to construct on the subject lot a two-story single-family dwelling of 1,800 square feet (900 square feet on each floor). The development requirements of the previous and current Zoning Ordinances do not allow such construction on the subject lot as platted, and the applicant is requesting the variances in order to accomplish this construction. The new dwelling will face Marble Street rather than Keefer as currently addressed. Section 8.3 of the Zoning Ordinance provides that the Zoning Board of Adjustment may permit a variance to the requirements of the Zoning Ordinance if the variance is not contrary to the public interest and, due to special conditions of the site, a literal enforcement of the ordinance would result in unnecessary hardship, and so that the spirit of the Ordinance is observed and substantial justice is done. The Board may impose any reasonable conditions on the issuance of a variance and may amend the variance from that requested. The concurring vote of 75 percent of the members of the Board shall be necessary to reverse any order, requirement, decision or determination of any administrative official, or to decide in favor of the applicant to effect any variance in the Ordinance. This section further states that in order to grant a variance to the Ordinance, the Board shall find that all of the following have been satisfied: ZBOA 2002-13 1. That there are unique physical circumstances or conditions of the lot, or other exceptional physical conditions particular to the affected property; 2. That because of these unique and exceptional circumstances, the property cannot be reasonably developed or used in compliance with the provisions of the Zoning Ordinance; 3. That due to such unique and exceptional circumstances, the strict application of the Ordinance would create a demonstrated hardship (convenience, profit or caprice shall not constitute undue hardship); 4. That the demonstrated hardship is not self-imposed; 5. That the variance, if granted, will not adversely affect the proposed development or use of adjacent property or neighborhood; 6. That the variance, if granted, will not change the character of the zoning district in which the property is located; 7. That the variance, if granted, is in keeping with the intent of the Ordinance; and 8. That the variance, if granted, will not adversely affect the health, safety or welfare of the citizens of Wylie. Considerations: 1. Public Comment Forms were mailed as required by State Law to owners of twenty- five (25) properties within 200 feet of this request. Five Comment Forms have been returned at the time of this posting, two favoring and three opposing the request. 2. State Law vests the right to development the property according to the requirements of the Zoning Ordinance in force at time of platting. The dimensional requirements of the current Ordinance cannot legally be imposed on the lot, nor can the lot be developed to even the vested minimum requirements without some variance of the setback regulations. These actions, each legal in itself, have rendered the lot undevelopable. 3. The applicant does control the abutting vacant Lot 41A, also the subject of a request for variance on the current agenda. Replatting in order to create a larger lot would force compliance with the greater setbacks of the current Zoning Ordinance, and still likely require some variance of the setback regulations. 4. At their respective 2,655 and 2,600 square feet, the subject lot and its immediate neighbor (created by the same replat and subject of a similar variance request on the current agenda) are the smallest lots in the immediate vicinity. Lot 41 B, abutting the subject property on the west and also created by the earlier replat which created the subject lots, measures eighty-five by fifty-six feet and is approximately 4,760 square feet in size. It is occupied by a dwelling of approximately 1,000 square feet. ZBOA 2002-13 5. Other lots in the immediate area are generally larger in size, due both to original platting and the later replatting combination of lots. These lots have larger front and side yards more closely complying with the requirements of the Zoning Ordinance. These lots are occupied by dwellings which range from 1,000 to 1,700 square feet. 6. The requested variance will allow a front yard of 9.83 feet rather than the required twenty-five feet, which is a variance of 15.17 feet or sixty percent. The requested variance will allow a rear yard of 8.83 feet rather than the required twenty-five feet, which is a variance of 16.17 feet or sixty-five percent. The requested variance will allow a street side yard of ten feet eleven inches rather than the required twenty-five feet, which is a variance of fourteen and one-half feet or fifty-six percent. The resulting six feet interior side yard will comply with the requirement of the Zoning Ordinance. 7. The applicant is also requesting that the requirement that all single-family dwellings provide two enclosed parking spaces (garage) be reduced to allow a single-car garage and paved outside parking of the second vehicle. Parking provided by existing dwellings in the immediate vicinity is varied, with some complying with the required two-car garage and others providing a single-car garage while some have no garage and require outside parking. 8. Keefer Street was platted with a right-of-way of one hundred fifty-two feet, but only approximately thirty feet is paved. Marble Street has a right-of-way width of seventy feet with thirty feet of pavement. The wide parkways resulting from these oversized rights-of-way serve as open ditch storm drains, but will be maintained by the abutting private property owner and visually serve as additional yards for the smaller lots. 9. The immediate vicinity surrounding the request is an area in transition to newer residences, although no new construction has occurred in recent years. Several other potential buyers/builders have expressed in the lot(s) and questioned the appropriate variances required to achieve various construction schemes. The subject lot does have the potential to be combined with the neighboring vacant lot in order to create a larger lot more in character with this redevelopment trend. Granting of the requested variances will allow immediate construction of a new residential dwelling comparable or larger in size with the redevelopment trend, although with significantly smaller yards. Financial Considerations: Application fee - Paid ZBOA 2002-13 Attachments: Location Map Site Plan (Illustrating requested yard setback requirements and variances) House Plan Anticipated for the Lot Site Photographs Notification List and Map with Responses 1 I I t t I 1 ['trip i 1111 Subject I Property i I I . - t _ _. _.._.. • ..J L. i — a) j D West Br' I wn Stre : t a — _ Ili Q INC L - �, Jefferson gee a 1� i 5 4 4 Q ,■ i ersonII 0 _ bow ________ _ Marble e Ceet _..� a) A __________ c c -Q 0 Street ° oak S 0 (97) .z- ,.. LOCATION MAP ZBA CASE #2002- 13 A PROPOSED NEW BUILDING SITE FOR (2) NEW RESIDENCES MARBLE STREET CONTROLLING BRG.LINE 94.89' F- DRIVEWAY i DRIVEWAY _—�� i �W BLDG. SE}BACK 9.83' I Y.1 i I 1 I I i, Cr LANDUSE CALCULATION �; v _ NEW RESIDENCE FOOTPRINT 900 S.F. �� (2) STORY BSI K (2) S ORY RICK Cl) TOTAL AREA PER RESIDENCE 900 S.F. RESIDENCE R� ID NCE " v, TOTAL PROPERTY AREA 5,293 S.F. o 1800 S.F. 0" '-� 18 0 F. 1 11 5/ 6 TOTAL AREA PER LOT = 2646.5 S.F. �- 8'-4 1/2" I o Cr BUILDING AREA 900 S.F. • W TOTAL BLDG. AREA / LOT AREA = PERCENT COVERAGE TOTAL COVERAGE 34% REAR SET,ACK 8.83' 1-----"�--w i 143 w , . cn N 89' 30' 06" W 86.37' SITE PLAN SCALE: 1" = 20'-0" Model 1168A Page 1 of 1 Model 1168A iiiniiiiiiii,iiuiiiir Alf i iiiiii Iinilllmuiulrlllmturilullluul Asim III 1lllrirllIIUI1llulrllllrlUI IIIIIIII I lull uulf■In(Iflnminlffl111li1I 11r(lllllllnunrilll(u1 lllnlutnIr1...,.....,.....,.•.. u��nuiullrilIHI 111111lltr1aIIIIIIlllii0irllliili ultriI lUil11111iiiP—!1 11■dill■IIIIIIIUI1crei1�11111111l1Utll 1Ouirill►' ilfliriliii Ill iri11111 lull l0ul11111 nllnrw Iuwm1111•1lll.u1mulllulllmll "JIulililillllllrlllrtrir IImlilru II muumuu mm IIll11U11r1■IIi11UU1111111 ■■�■■� snit lirllilwrlllllrinr mu■■■I l lIIlrilil III 1II IIII1U — pUlitllllfilrlllllp rillii ■OI1IlfluiIllull0uil11 imin`iliiiiiliil`l71ll iiumnlmluminmulm ■■■■■■ El a ►J 0 0 i I ■■■■■■ ■■■■■■ 0 I 30'-0„ —a d� - - -�_, Tb -J[11 JDINING E KITCHEN on' x sit s' �0 a' �` MASTER Wil III [lam BE ROOK ' � — r. _+� 0— 1r x 15 CIux�n _ ! I n Q o ) I I esint air GARAGE In 11'$° x 2d'0' t E,N LIYING R0Oligi i ll I BEABOObf 2 12t6" x 13'0" . ' I 1z' ' x 10'10' 1 ' mar Copyright 1998 houseplans.com 1-800-634-3401 http://www.houseplans.com/search/ViewDisplay.cfm?Modelld=1168A&ViewType=Print 7/29/2002 Corder of Keefer Marble Streets, Wylie, TX 111 Keefer St, (Lot 40) & 301 Marble St. , (Lot 41A) 4 ,e lr' , y f F wt • rk a-' � x a r - r "f $a � ma ya a ; �zu � v= T: . A II ,.... h . . ,'''ekhiA S , . . Y q ; AY �v �Y JN rt y s y„SA A. i {,'' /is t F .k 8 0^ k 1 . )(1 \A-Q-( 74.'f)1° ( C ) 44 = ,A 51C 51B 538 43 5,?�, 52C 52B :X tVarb!� 4 1 C? z.1 Y\ �+ a': ,A © .. Y-di' . 10 1. 10 9 ., `3 ;��` Q A IL.el\ V O fI\\Jo . X cE PDSWW NOTIFICATION REPORT APPLICANT: Jim Ruddell APPLICATION FILE ZBA #2002-13 111 Keefer Street Wylie, Texas 75098 BLK/ABST LOT/TRACT I TAX I.D. # 1 PROPERTY OWNER NAME I ADDRESS I) # I Applicant 111 Keefer Street 1 Jim Ruddell Wylie, Texas 75098 109 N. Keefer Kellers 2nd Addn Wylie, Texas 75098 2 BIk 9 Lot 1 R-2130-009-0010-1 David Brundidge 1190 Ramsay 5098 Kellers 2nd Addn 75002 Drive 3 Blk 9 2 R-2130-009-0020-i Donald Anderson Lucas, Texas Ke 75 Kellers 2nd Addn 10fer Wylie, Texas 75098 4 Blk 9 3 R-2130-009-0030-1 Curtis Ellenburg 105 N. Keefer Kellers 2nd Addn 7 Texas,ie Wylie,5 BIk 9 4 R-2130-009-0040-1 Curtis Ellenburg 5 eya 7 Drive Kellers 2nd Addn Wylie, Texas 75098 6 BIk 9 8 R-2130-009-0080-1 Shirley Jenkins 106 N. Cottonbelt Avenue Kellers 2nd Addn X Wylie, Texas 75098 7 BIk 9 9A R-2130-009-009A-1 Rodney McCoy 13150 Texas 7 Drive Kellers 2nd Addn Federal National 8 Blk 9 10A &9B R-2130-009-010A-1 Mortgate Association Herndon, dN n, VA 20170 Cottonbelt A-4376 Kellers 2nd Addn 9 Blk 9 106 R-2130-009-01 OB-1 J. Mark Glenn Wylie, Texas 75098614 Nickelville Lane Brown & Burns Addn ylie, Texas 75098 0 10 BIk 9 Lot 40 R-11 W .56-009-0400-1 Stuart Allison Nickelville L098 Brown 8( Burns Addn Texas614 75098 ne 11 Blk 9 41A R-1156-009-0400-1 Stuart Allison Wylie,1516 Hillside Drive Brown & Burns Addn 12 Blk 9 41 B R-1156-009-041 B-1 Paul Bowden Piano, Texas 75074 Brown & Burns Addn 110 N. Cottonbelt Avenue 13 Blk 9 42 R-1156-009-0420-1 Jeanie Benson Wylie, Texas 75098 Brown & Burns Addn P.O. Box 843 X 14 BIk 10 Lot 43 R-1156-010-0430-1 Garrie Schneller Wylie, Texas 75098 Brown & Burns Addn P.O. Box 843 X 15 Blk 10 44 R-1156-010-0430-1 Garrie Schneller Wylie, Texas 75098 Brown & Burns Addn P.O. Box 1201 16 BIk 10 50A R-1156-010-050A-1 Jesus Hipoloto Wylie, Texas 75098 Brown & Burns Addn 303 W. JeffersonWylie, Texas 75098 17 BIk 10 50B R-1156-010-048E-1 Morris Housewright Wylie, 6146Symphony Lane Brown & Burns Addn 75227 18 BIk 10 51A R-1156-010-051A-1 Larry Estes Dallas, Texas as N. Brown & Burns Addn Wylie, Texas 98 fer 19 BIk 10 51 B R-1156-010-051 B-1 Michael Turner 1148 Minter 7550e Brown & Burns Addn Abiline, Texas 79603 20 BIk 10 51C R-1156-010-051 C-1 Virginia Estes 6146 Symphony Lane Brown & Burns Addn 21 BIk 10 52A R-1156-010-051A-i Larry Estes Dallas, Texas 75227 201 N. Keefer Brown & Burns Addn Wylie, Texas 5098 22 BIk 10 52B R-1156-010-051 B 7 -1 Michael Turner 1148 Minter Lane Brown & Burns Addn Abiline, Texas 79603 23 BIk 10 52C R-1156-010-051 C-1 Virginia Estes P.O. Box 1201 Brown & Burns Addn Wylie, Texas 75098 24 BIk 10 53A R-1156-010-050A-1 Jesus Hipoloto 201 N. Keefer Brown & Burns Addn Wylie, s 75098 25 Blk 10 53B R-1156-010-051 B-1 Michael Turner 1 W. 1 Texah Street 26 KCS Railroad KCS Railway Company Kansas City, MO 64105-1829 27 28 PUBLIC COMMENT FORM (Please type or use black ink) Planning Department 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested variance as explained on the attached public notice for ZBA Case #2002-13. I am AGAINST the requested variance as explained on the attached public notice for ZBA Case#2002-13. Date,Location&Time of Zoning Board of Adjustment meeting: Monday, August 26,2002,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: (170 c✓0.-7 (-/ (please print) j Address: ;70 Al{ . C Li /�(,l/V l vy , � 5-?, Signature: 2127Le-2�^'6 /` �i�� -�.e�-, Date: C� _ .?"-- COMMENTS: PUBLIC COMMENT FORM (Please type or use black ink) Planning Department 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested variance as explained on the attached public notice for ZBA Case #2002-13. I am AGAINST the requested variance as explained on the attached public notice for ZBA Case#2002-13. • Date,Location&Time of Zoning Board of Adjustment meeting: Monday, August 26,2002,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: C1 rt r r j e S L' k 1 1 ex (please print) \ ' �/� Address: {� 0 J e S ) " t Signature: jd CIIA-A -) —sch)2.1-'71-e-A4) Date: / 1 .5"} ,a J o COMMENTS: Att"):- 4_, AYA)CAi \A PUBLIC COMMENT FORM (Please type or use black ink) Planning Department 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested variance as explained on the attached public notice for ZBA Case #2002-13. I am AGAINST the requested variance as explained on the attached public notice for ZBA Case#2002-13. • Date,Location&Time of Zoning Board of Adjustment meeting: Monday, August 26,2002,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: 614 WART (please print) ,t.KE1-V/LL N Address: TX ZSQN. Signature: Date: COMMENTS: if . , City of Wylie Public Hearing Item No. 7 ZBOA No. 2002-14 Zoning Board of Adjustment Public Hearing: August 26, 2002 Owner/Applicant: Jim Ruddell Location: 301 Marble Street, Lot 41A of Block 9 of the Brown and Burns Addition Request: Variance of Section 11.3 of the 1985 Zoning Ordinance to reduce the front yard from the required 25 feet to 9.83 feet, the rear yard from the required 25 feet to 8.83 feet, and of Section 11.4 to reduce the covered parking requirement from two-car to one-car Background: The Brown and Burns Addition is one of the oldest subdivisions within the City of Wylie. The subject Lot 41A was created by a subsequent replat of Lots 40 and 41. It is a interior lot which measures approximately forty-five feet by fifty-seven feet and totals 2,600 square feet. That residue Lot 40 is measures approximately fifty-nine feet by forty-five feet and totals 2,655 square feet. A request for similar variances of Lot 40 is also on the current for consideration. Section 245 of the Texas Local Government Code states that "each regulatory agency shall consider an application for a permit solely on the basis of any properly adopted requirements in effect at the time the original application for the permit was filed... Subsequent changes in local codes may not affect the lot size, lot dimensions, lot coverage or building size". Therefore, the earlier officially filed replat creating the subject lot is considered to vest development rights to the requirements of the Zoning Ordinance in force at the time of platting. It cannot be determined exactly when the replat occurred, nor what the development requirements were at that time. ZBOA 2002-14 Since at least 1985, the subject lot has been zoned Single Family Residential - 3, requiring lots of 7,200 square feet, with minimum lot widths of sixty feet and lot depths of at least one hundred feet. The SF-3 District required front and rear yards of at least twenty-five feet, interior side yards of six feet and street side yards of twenty feet. Minimum dwelling size was 1,100 square feet, and two enclosed parking spaces were required. The protected dimensions of the subject lot do not comply with these lot requirements or allow dwellings of the required size and yard setbacks. With the adoption of a revised Zoning Ordinance and Map in February of 2002, the subject lot was rezoned to its current to Single Family — 8.5/17, requiring lots of 8,500 square feet and dwellings of 1,700 square feet. The SF-8.5/17 District requires seven feet interior side yards and twenty-five feet street side yards. The applicant desires to construct on the subject lot a two-story single-family dwelling of 1,800 square feet (900 square feet on each floor). The development requirements of the previous and current Zoning Ordinances do not allow such construction on the subject lot as platted, and the applicant is requesting the variances in order to accomplish this construction. The new dwelling will face Marble Street rather than Keefer as currently addressed. Section 8.3 of the Zoning Ordinance provides that the Zoning Board of Adjustment may permit a variance to the requirements of the Zoning Ordinance if the variance is not contrary to the public interest and, due to special conditions of the site, a literal enforcement of the ordinance would result in unnecessary hardship, and so that the spirit of the Ordinance is observed and substantial justice is done. The Board may impose any reasonable conditions on the issuance of a variance and may amend the variance from that requested. The concurring vote of 75 percent of the members of the Board shall be necessary to reverse any order, requirement, decision or determination of any administrative official, or to decide in favor of the applicant to effect any variance in the Ordinance. This section further states that in order to grant a variance to the Ordinance, the Board shall find that all of the following have been satisfied: 1. That there are unique physical circumstances or conditions of the lot, or other exceptional physical conditions particular to the affected property; 2. That because of these unique and exceptional circumstances, the property cannot be reasonably developed or used in compliance with the provisions of the Zoning Ordinance; 3. That due to such unique and exceptional circumstances, the strict application of the Ordinance would create a demonstrated hardship (convenience, profit or caprice shall not constitute undue hardship); 4. That the demonstrated hardship is not self-imposed; ZBOA 2002-14 5. That the variance, if granted, will not adversely affect the proposed development or use of adjacent property or neighborhood; 6. That the variance, if granted, will not change the character of the zoning district in which the property is located; 7. That the variance, if granted, is in keeping with the intent of the Ordinance; and 8. That the variance, if granted, will not adversely affect the health, safety or welfare of the citizens of Wylie. Considerations: 1. Public Comment Forms were mailed as required by State Law to owners of twenty- five (25) properties within 200 feet of this request. Five Comment Forms have been returned at the time of this posting, two favoring and three opposing the request. 2. State Law vests the right to development the property according to the requirements of the Zoning Ordinance in force at time of platting. The dimensional requirements of the current Ordinance cannot legally be imposed on the lot, nor can the lot be developed to even the vested minimum requirements without some variance of the setback regulations. These actions, each legal in itself, have rendered the lot undevelopable. 3. The applicant does control the abutting vacant corner Lot 40, also the subject of a request for variance on the current agenda. Replatting in order to create a larger lot would force compliance with the greater setbacks of the current Zoning Ordinance, and still likely require some variance of the setback regulations. 4. At their respective 2,600 and 2,655 square feet, the subject lot and its immediate neighbor (created by the same replat and subject of a similar variance request on the current agenda) are the smallest lots in the immediate vicinity. Lot 41 B, abutting the subject property on the west and also created by the earlier replat which created the subject lots, measures eighty-five by fifty-six feet and is approximately 4,760 square feet in size. It is occupied by a dwelling of approximately 1,000 square feet. 5. Other lots in the immediate area are generally larger in size, due both to original platting and the later replatting combination of lots. These lots have larger front and side yards more closely complying with the requirements of the Zoning Ordinance. These lots are occupied by dwellings which range from 1,000 to 1,700 square feet. 6. The requested variance will allow a front yard of 9.83 feet rather than the required twenty-five feet, which is a variance of 15.17 feet or sixty percent. The requested variance will allow a rear yard of 8.83 feet rather than the required twenty-five feet, which is a variance of 16.17 feet or sixty-five percent. The resulting six feet interior side yards will comply with the requirement of the Zoning Ordinance. ZBOA 2002-14 7. The applicant is also requesting that the requirement that all single-family dwellings provide two enclosed parking spaces (garage) be reduced to allow a single-car garage and paved outside parking of the second vehicle. Parking provided by existing dwellings in the immediate vicinity is varied, with some complying with the required two-car garage and others providing a single-car garage while some have no garage and require outside parking. 8. Marble Street has a right-of-way width of seventy feet with thirty feet of pavement. The wide parkway resulting from this oversized right-of-way serve as open ditch storm drains, but will be maintained by the abutting private property owner and visually serve as additional yards for the smaller lots. 9. The immediate vicinity surrounding the request is an area in transition to newer residences, although no new construction has occurred in recent years. Several other potential buyers/builders have expressed in the lot(s) and questioned the appropriate variances required to achieve various construction schemes. The subject lot does have the potential to be combined with the neighboring vacant lot in order to create a larger lot more in character with this redevelopment trend. Granting of the requested variances will allow immediate construction of a new residential dwelling comparable or larger in size with the redevelopment trend, although with significantly smaller yards. Financial Considerations: Application fee - Paid Attachments: Location Map Site Plan (Illustrating requested yard setback requirements and variances) House Plan Anticipated for the Lot Site Photographs Notification List and Map with Responses i J /. a y Lane - / IlIl' / .._.._ I II I .. ,. ,TTITI Subject ' Property _. _•. _ . i 111 1 • ree I t Q) D West B own Stre:t a � •\ Q i II pi ______ ' a) ' Jefferson Str 4 111110*, gee > o Je ersan ' I m _ Marble ar e (eek — -n i i a) - D �� c a� o - Jk Street_ Oak Street c o j -----Iff . . ... . , ' cn RUM' C+rcc4- c LOCATION MAP • ZBA CASE #2002- 14 A PROPOSED NEW BUILDING SITE FOR (2) NEW RESIDENCES MARBLE STREET CONTROLLING BRG.LINE 94.89' DRIVEWAY DRIVEWAY W BLDG. SEtBACK 9.83' , I i W I I- I _ i LANDUSE CALCULATION NEW RESIDENCE FOOTPRINT 900 S.F. r�� (2) STORY BRI"K (2) STORY RICK I I" TOTAL AREA PER RESIDENCE 900 S.F. �, RESIDENCL u RESIDENCE " v, TOTAL PROPERTY AREA 5,293 S.F. o 1800 S.F. 0" '-� 1�i00 S.F. 10 -1 TOTAL AREA PER LOT = 2646.5 S.F. N �- 8'-4 1/2" o BUILDING AREA 900 S.F. ao W TOTAL BLDG. AREA / LOT AREA = PERCENT COVERAGE Z It) TOTAL COVERAGE 34% I- 1 I how' W UJ REAR SACK 8.83' ��---r-1�_ _ _ i Zo N 89' 30' 06" W 86.37' SITE PLAN SCALE: 1" = 20'-0" Model 1168A Page 1 of 1 Model 1168A ililli illiFilikiiiinnt ri filiiiiiii 1n■I11u■n111111um1unllhnlunl mom uml►rlrilrm.truuisitica►urlruu 11111f•U1111R111111I111If/111/11111 I1■111 IIIltlllllIlll■i4liltII lililiIt1I IL.......��....�r-.. 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LIYING ROOK ! ..--______--, BEDROOM 2 a 12 " x 1 Yd. 1 12't�` x 10'10` it i Copyright 1998 houseplans.com 1-800-634-3401 http://www.houseplans.com/search/ViewDisplay.cfm?Model1d=1168A&ViewType=Print 7/29/2002 ZBOA Case No. 2002-13 & 14 111 Keefer Street and 301 Marble Street , 6 i H• i [R+i ryi�'.y is`°' *N�ii } S "-IMMINENT , J View of subject lots looking west from Keefer Street showing setback of adjacent house on Marble Street. - a Ii,t , wan ,!' •,- •Jf. •4-1,' n ,. ,;yam d 1 o.r` *' °i - . SJ. ... '! 1�u '',° { r'rLip�-1yssar yn nisi r -, x a:, .vc 4 ,s - .—`, z `` at.. $` , - ; r' ' Y '' �'dt` • �t j �^'f,� 1r+ b,' r art �. - t ' t .pj _; ':T',;!?g + ' �. &. 3 % i s • • t Rz t F 4 r Looking south from Marble Street at setbacks of adjacent homes on Keefer Street. NOTIFICATION REPORT APPLICANT: Jim Ruddell APPLICATION FILE ZBA #2002-14 111 Keefer Street Wylie, Texas 75098 # BLK/ABST LOT/TRACT TAX I.D. # PROPERTY OWNER NAME ADDRESS Applicant 111 Keefer Street 1 Jim Ruddell Wylie, Texas 75098 Kellers 2nd Addn 109 N. Keefer 2 Blk 9 Lot 1 R-2130-009-0010-1 David Brundidge Wylie, Texas 75098 Kellers 2nd Addn 1190 Ramsay Drive 3 Blk 9 2 R-2130-009-0020-1 Donald Anderson Lucas, Texas 75002 Kellers 2nd Addn 105 N. Keefer 4 Blk 9 3 R-2130-009-0030-1 Curtis Ellenburg Wylie, Texas 75098 Kellers 2nd Addn 105 N. Keefer 5 Blk 9 4 R-2130-009-0040-1 Curtis Ellenburg Wylie, Texas 75098 Kellers 2nd Addn 507 Stoneybrook Drive 6 Blk 9 8 R-2130-009-0080-1 Shirley Jenkins Wylie, Texas 75098 Kellers 2nd Addn 106 N. Cottonbelt Avenue X 7 Blk 9 9A R-2130-009-009A-1 Rodney McCoy Wylie, Texas 75098 Kellers 2nd Addn Federal National 13150 Worldgate Drive 8 Blk 9 10A & 9B R-2130-009-010A-1 Mortgate Association Herndon, VA 20170-4376 Kellers 2nd Addn 108 N. Cottonbelt Avenue 9 Blk 9 10B R-2130-009-010B-1 J. Mark Glenn Wylie, Texas 75098 Brown & Burns Addn 614 Nickelville Lane 6 10 Blk 9 Lot 40 R-1156-009-0400-1 Stuart Allison Wylie, Texas 75098 Brown & Burns Addn 614 Nickelville Lane CD 11 Blk 9 41A R-1156-009-0400-1 Stuart Allison Wylie, Texas 75098 Brown & Burns Addn 1516 Hillside Drive 12 Blk 9 41 B R-1156-009-041 B-1 Paul Bowden Piano, Texas 75074 Brown & Burns Addn 110 N. Cottonbelt Avenue 13 Blk 9 42 R-1156-009-0420-1 Jeanie Benson Wylie, Texas 75098 Brown & Burns Addn P.O. Box 843 14 Blk 10 Lot 43 R-1156-010-0430-1 Garrie Schneller Wylie, Texas 75098 Brown & Burns Addn P.O. Box 843 x 15 Blk 10 44 R-1156-010-0430-1 Garrie Schneller Wylie, Texas 75098 Brown & Burns Addn P.O. Box 1201 16 Blk 10 50A R-1156-010-050A-1 Jesus Hipoloto Wylie, Texas 75098 Brown & Burns Addn 303 W. Jefferson 17 BIk 10 50B R-1156-010-048E-1 Morris Housewright Wylie, Texas 75098 Brown & Burns Addn 6146 Symphony Lane 18 Blk 10 51A R-1156-010-051A-1 Larry Estes Dallas, Texas 75227 Brown & Burns Addn 201 N. Keefer 19 Blk 10 51 B R-1156-010-051 B-i L Michael Turner Wylie, Texas 75098 Brown & Burns Addn 1148 Minter Lane 20 BIk 10 51C R-1156-010-051 C-1 Virginia Estes Abiline, Texas 79603 Brown & Burns Addn 6146 Symphony Lane 21 Blk 10 52A R-1156-010-051A-1 Larry Estes Dallas, Texas 75227 Brown & Burns Addn 201 N. Keefer 22 BIk 10 52B R-1156-010-051 B-1 Michael Turner Wylie, Texas 75098 Brown & Burns Addn 1148 Minter Lane 23 BIk 10 52C R-1156-010-051 C-1 Virginia Estes Abiline, Texas 79603 Brown & Burns Addn P.O. Box 1201 24 BIk 10 53A R-1156-010-050A-1 Jesus Hipoloto Wylie, Texas 75098 Brown & Burns Addn 201 N. Keefer 25 BIk 10 53B R-1156-010-051 B-1 Michael Turner Wylie, Texas 75098 114 W. 11 th Street 26 KCS Railroad KCS Railway Company Kansas City, MO 64105-1829 27 28 \ W,,(6 ._ 5 C 4-51 ) 51A 51C 518 4 52'r\ 52�. 52 lif . .. 1Vrb1 sir . --';',,..'•i:t4.-:,.'::. ,:•-,.--:: .:_-,,.. ,..,..:.... c y • J � l o - S n 1OA 9.J \. X \4. -- U \\ei\e - '' '': 7 B Q,I n5t X o - rc,ivor 7i_o- 4 20,gI q PUBLIC COMMENT FORM (Please type or use black ink) Planning Department 2000 Highway 78 North Wylie,Texas 75098 am FOR the requested variance as explained on the attached public notice for ZBA Case #2002-14. I am AGAINST the requested variance as explained on the attached public notice for ZBA Case#2002-14. Date,Location&Time of Zoning Board of Adjustment meeting: Monday, August 26,2002,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas STUART ALLISON Name: 614 NICKFL L LE LN. (please print) WYLIE,TX 75098 Address: Signature: -I" Date: -' 0 2� COMMENTS: PUBLIC COMMENT FORM (Please type or use black ink) Planning Department 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested variance as explained on the attached public notice for ZBA Case #2002-14. I am AGAINST the requested variance as explained on the attached public notice for ZBA Case#2002-14. Date,Location&Time of Zoning Board of Adjustment meeting: Monday,August 26, 2002,7:00 pm Municipal Complex,2000 Highway 78 North, Wylie,Texas Name: d r 1 Sc_ Y1 e t (please print)` 1 Address: 'e.. S 1)1\ v b Signature: 0,/1--1:L.122 Date: OA ) �) 0 C) COMMENTS: 1/1-0t A:Kat -A)-L\yQ) -A-"1-0,./d/160" / PUBLIC COMMENT FORM (Please type or use black ink) Planning Department 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested variance as explained on the attached public notice for ZBA Case #2002-14. �^ I am AGAINST the requested variance as explained on the attached public notice for ZBA Case#2002-14. Date,Location&Time of Zoning Board of Adjustment meeting: Monday, August 26,2002, 7:00 pm Municipal Complex, 2000 Highway 78 North,Wylie,Texas ^ c� Name: f. 0 d e r (please print) / / Address: /() 7/ COr7C' Ar/AFL �Svi-' Signature: Date: () COMMENTS: CRY of 1 llylie Public Hearing Item No. 8 ZBOA No. 2002-15 Zoning Board of Adjustment Public Hearing: August 26, 2002 Owner/Applicant: Jim Ruddell Location: 306 First Street, Lot 9B of Block 5 of the Railroad Addition Request: Variance of Section 11.3 of the 1985 Zoning Ordinance to reduce the front yard from the required 25 feet to 6 feet and of Section 11.4 to reduce the covered parking requirement from two-car to one-car Background: The Railroad Addition is one of the oldest subdivisions within the City of Wylie. The subject Lot 9B was created by a subsequent replat which reduced the size of Lot 9 by adding area to the corner Lot 10. The subject Lot 9B is a interior lot which measures approximately fifty feet by one hundred twenty-five feet and totals 6,250 square feet. With the adoption of a revised Zoning Ordinance and Map in February of 2002, the subject lot was rezoned from Single Family Residential-3 requiring a minimum lot size of 7,200 square feet to its current to Single Family — 8.5/17, requiring lots of 8,500 square feet and dwellings of 1,700 square feet. Both the previous SF-3 and current SF-8.5/17 Districts require a front yard setback of twenty-five feet and a two-car garage. The subject lot is currently vacant, but was previously occupied by a single-family residence. Several mature trees are located on the lot. ZBOA 2002-15 The applicant desires to construct on the subject lot a two-story single-family residence of 1,800 square feet (900 square feet on each floor). Placement of the proposed dwelling behind the required twenty-five feet front yard setback will require the removal of a mature American Elm tree located near the center of the lot. The applicant is requesting a variance of the required front yard setback in order to save the tree by placing the house closer to the street. Section 8.3 of the Zoning Ordinance provides that the Zoning Board of Adjustment may permit a variance to the requirements of the Zoning Ordinance if the variance is not contrary to the public interest and, due to special conditions of the site, a literal enforcement of the ordinance would result in unnecessary hardship, and so that the spirit of the Ordinance is observed and substantial justice is done. The Board may impose any reasonable conditions on the issuance of a variance and may amend the variance from that requested. The concurring vote of 75 percent of the members of the Board shall be necessary to reverse any order, requirement, decision or determination of any administrative official, or to decide in favor of the applicant to effect any variance in the Ordinance. This section further states that in order to grant a variance to the Ordinance, the Board shall find that all of the following have been satisfied: 1. That there are unique physical circumstances or conditions of the lot, or other exceptional physical conditions particular to the affected property; 2. That because of these unique and exceptional circumstances, the property cannot be reasonably developed or used in compliance with the provisions of the Zoning Ordinance; 3. That due to such unique and exceptional circumstances, the strict application of the Ordinance would create a demonstrated hardship (convenience, profit or caprice shall not constitute undue hardship); 4. That the demonstrated hardship is not self-imposed; 5. That the variance, if granted, will not adversely affect the proposed development or use of adjacent property or neighborhood; 6. That the variance, if granted, will not change the character of the zoning district in which the property is located; 7. That the variance, if granted, is in keeping with the intent of the Ordinance; and 8. That the variance, if granted, will not adversely affect the health, safety or welfare of the citizens of Wylie. Considerations: 1. Public Comment Forms were mailed as required by State Law to owners of twenty- two (22) properties within 200 feet of this request. Two Comment Forms have been returned at the time of this posting, both opposing the request. ZBOA 2002-15 2. State Law vests the right to development the property according to the requirements of the Zoning Ordinance in force at time of platting. The lot as legally replatted is smaller than either the previous or current Ordinances allow, but the proposed development could comply with all dimensional requirements of the current code including the depth of the front yard. If the reduction in the front yard is granted, the proposed development will still comply with all other setback requirements. 3. The requested variance will provide a front yard of six feet rather than the required twenty-five feet, which is a variance of nineteen feet or seventy-six percent. Front yards of other residences in the immediate vicinity comply with the required twenty- five feet setback. 4. The applicant is also requesting that the requirement that all single-family dwellings provide two enclosed parking spaces (garage) be reduced to allow a single-car garage. This requested front yard setback does not allow sufficient length for parking a second vehicle on the lot, forcing all additional parking generated by the residence to be located on First Street. First Street is a relative short local residential street with minimal traffic, and there is already some parking on the street by other residences. Parking provided by existing dwellings in the immediate vicinity generally complies with the required off-street two-car garage. 5. Existing mature trees provide both public and private benefits which once lost cannot soon be replaced by new landscaping. These benefits include added aesthetic appeal and economic value as well as improved air quality and savings from energy and water conservation. For these reasons, the City of Wylie development codes encourage the preservation of trees during new development. However, other mature trees are located on the subject infill site, and these will remain regardless of the removal of the subject tree. Financial Considerations: Application fee - Paid Attachments: Location Map Site Plan (Illustrating requested yard setback requirements and variances) House Plan Anticipated for the Lot Site Photographs Notification List and Map with Responses % I L/ .._.._.._.._.._.., 1 / .j i i i _. Subject I Property • I 1 _ i _ r —1 _ t 1 a) t— i 1- .—..r..� I 1 2 i l i i crown Stre:t a t Last Brown Street �, Q � -iv II , ________ -i. _c o Je erson Street y. I c /.. N O , '.. 1 .. /.. • D� / Marble Street Marl - u) A di • Oak Street /•' Oak Stree to i ---- a) R.)O � , — a) q ,' N �. 2 r - +, c(n Masters Avenue LOCATION MAP ZBA CASE #2002- 15 A PROPOSED NEW BUILDING SITE FOR A NEW RESIDENCE ALLEY SO TH 50.00' LANDUSE CALCULATION NEW RESIDENCE FOOTPRINT 900 S.F. TOTAL PROPERTY AREA 6250 S.F. BUILDING AREA 900 S.F. TOTAL BLDG. AREA / LOT AREA = PERCENT COVERAGE TOTAL COVERAGE 14% o I , I a 01 I c, o, , o NI I N WI ELM TREE (3 't7)I r�� •�,,��� I NI 7iA\1m IZ (2) STORY BR CK ; M 1801Ij 0 14'-0" 0 BLDG. 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ERP DINING °°ram e117>� KITCHEN at' x s'�' FroEATIO a' �` MASTER WA ' ' �• • ui BEDROOM 1 nv nrr 11' x 15 Q URE71 `J 0 • d o C\ M GARAGE • 11'8. x 20'f LIYIliG ROOM - I BEDROOM2 a 12'0' x 1J'0" i 1Z1 x 1010` e. 1 mar Copyright 1998 houseplans.com 1-800-634-3401 http://www.houseplans.com/searchNiewDisplay.cfm?Modelld=1168A&ViewType=Print 7/29/2002 ZBOA Case No. 2002-15 306 First Street }- • --, ' .r .' =x c e . . 7 teast k1'' . :.• y -t1 I r--fGo 1 ':":-, 6 .'''' '‘'''0 i'• if *':41.''' er,.ii,, .'''I -A"' - 1,1 .yam- r "ram View of subject property looking east on First Street. ++J� +or-i 61f ,.• ,i �- .---i.r i-z.l� w, E .ode..` 5` - 1ti( Ai r !C J `4 y' T �.I. J •x Looking south from adjacent corner lot on Brown Street showing setbacks of existing homes on either side of subject lot. Tr 61 Ab‘24" 6/ i 1 2-ig 1--- c s t Bro : ,, 3 1 i0 • 1 2 K r `�'I- x,:Mie,-r,4,z4s 2 :- .-;-..:CD 61 3 8 y. k. 1 -a ) 48 78 4, o X 7A ilizt \\(�1 t X ----O � ,`' r 5 fv- : reet ,e - e, --cD . :: - ---- _ _ Pcnt 0 - Favo ' 254 0o2 - is / „ _ loo ' NOTIFICATION REPORT APPLICANT: Jim Ruddell APPLICATION FILE ZBA#2002-15 111 Keefer Street Wylie, Texas 75098 # BLK/ABST LOT/TRACT I TAX I.D. # I PROPERTY OWNER NAME I ADDRESS l I Applicant 111 Keefer Street Jim Ruddell Wylie, Texas 75098 1 309 N. Second Street Railroad Addn 75098 2 Blk 5 Lot 1 R-1169-005-0010-1 J.C. Stewart Wylie, Texas30y N. Te 5098 Railroad Addn 75098 Texas Tex cond Street ,ie 3 BIk 5 2 R-1169-005-0020-1 Judy Eaves Wylie, P. Tex Box 7 Railroad Addn75087 Texas 6 Rockwall, 4 Blk 5 3 R-1169-005-0030-1 David Sanders P.O. Box Railroad Addn 7 Texas 50 Wylie, 98 983 5 BIk 5 4 R-1169-005-0040-1 Leon BoughtonTexas 509et Railroad Addn 301 N.Wylie, 75098 6 Blk 5 5 R-1169-005-0050-1 Cheree Cuellar 201 T.TexasJefferson Railroad Addn Wylie, 75098 7 Blk 5 6 R-1169-005-0060-1 Jerilyn Staring 201 T.TexasJefferson Railroad Addn T,lie Wyexas 75098 8 Blk 5 7A R-1169-005-0060-1 Jerilyn Staring 1 Midway Railroad Addn 75244 s Texa Dallas, 9 Blk 5 7B R-1169-005-007E-1 Brooke Wacasey 304 Firsta Street Railroad Addn lie, Texas Wy 75098 10 Blk 5 8 R-1169-005-0080-1 Van Marshall P O. Box 1 75 Railroad Addn 802 11 BIk 5 9B R-1169-005-009B-1 Cornerstone Baptist Church Wylie, xas P.O. Box 503 75098 Railroad Addn 75098 Wylie, Texas 12 Blk 5 9A R-1169-005-009A-1 Bobby MitchellP.O. Box 5 Railroad Addn 3 Wylie, Texas 75098 13 Blk 5 10 R-1169-005-009A-1 Bobby Mitchell p.0. Box 1802 Railroad Addn 14 Blk 6 Lot 1 R-1169-006-0010-1 Cornerstone Baptist Church Wylie, Texas 75098 Railroad Addn 15 Blk 6 2 R-1169-006-0010-1 Cornerstone Baptist Church Wylie, Texas 75098 Railroad Addn 16 Blk 6 3 R-1169-006-0010-1 Cornerstone Baptist Church Wylie, Texas 75098 Railroad Addn P.O. Box 584 17 BIk 6 4A R-1169-006-004A-1 Winston Watkins Wylie, Texas 75098 Railroad Addn Sharee Anglin 308 Peachtree Lane 18 Blk 6 4B R-1169-006-004E-1 Falling Water Ranch Apts. Princeton, Texas 75407 Railroad Addn P.O. Box 584 X 19 BIk 6 5 R-1169-006-004A-1 Winston Watkins Wylie, Texas 75098 St. Anthony Catholic Roman Catholic P.O. Box 190507 20 --- Lot 1 R-2389-000-0000-1 Diocese of Dallas Dallas, Texas 75219 P.O. Box 524 21 Abst. 920-1 Tract 51 R-6920-001-0510-1 J.C. Kreymer Wylie, Texas 75098 P.O. Box 483 22 52 R-6920-001-0520-1 Bill Kreymer Wylie, Texas 75098 23 24 25 PUBLIC COMMENT FORM (Please type or use black ink) Planning Department 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested variance as explained on the attached public notice for ZBA Case 1 #2002-15. / V I am AGAINST the requested variance as explained on the attached public notice for ZBA Case#2002-15. Date,Location&Time of Zoning Board of Adjustment meeting: Monday, August 26, 2002, 7:00 pm Municipal Complex, 2000 Highway 78 North, Wylie,Texas Name: Vl 1 N O !l((a1 1 1 s (please print)Address: 3n / First rst S-}1 yitet 75-09, Signature: h'/ yle2 Date: -45-- 0 d� COMMENTS: jizu,ke, /.5-1/1, Ake_ kt-i ,Z4 eg-->tzirc. "( _' C ? u.''' I t , `Gc.64.,r, AY-