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01-22-2001 (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, January 22, 2001 7:00 p.m. CALL TO ORDER CITIZEN PARTICIPATION CONSENT AGENDA 1. Consider and act upon approval of the Minutes of the November 20, 2000 Meeting. PUBLIC HEARINGS 1. ZBA No. 2000-07. A public hearing to consider and act upon a request by Gregory and Michelle Morrical for a variance to the requirements of Planned Development District 93-29 restricting garages which face or open to the street, in order to construct a detached garage to replace the attached garage converted to a residential room, this property being located at 300 South W. A. Allen Boulevard, being Lot 1, Block G of the Stone Grove Addition. THIS IS A REHEARING OF THE CASE HEARD AND DENIED ON NOVEMBER 20, 2000. 2. ZBA No. 2000-08. A public hearing to consider and act upon a request by Tim and Robbie Bennett for a variance to Section 22.394 of the City of Wylie Code of Ordinances prohibiting front fences within residence districts, this property being located at 595 and 601 Parker Road (F.M. 2514), being Tracts 24 and 40 of the W. Penny Survey, Abstract No. 696. Posted Friday, January 19, 2001 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. AGENDA Zoning Board of Adjustment City Council Chambers - Wylie Municipal Complex 2000 Highway 78 North, Wylie, Texas 75098 Monday, January 22, 2001 7:00 p.m. CALL TO ORDER CITIZEN PARTICIPATION CONSENT AGENDA 1. Consider and act upon approval of the Minutes of the November 20, 2000 Meeting. PUBLIC HEARINGS 1. ZBA No. 2000-07. A public hearing to consider and act upon a request by Gregory and Michelle Morrical for a variance to the requirements of Planned Development District 93-29 restricting garages which face or open to the street, in order to construct a detached garage to replace the attached garage converted to a residential room, this property being located at 300 South W. A. Allen Boulevard, being Lot 1, Block G of the Stone Grove Addition. THIS IS A REHEARING OF THE CASE HEARD AND DENIED ON NOVEMBER 20, 2000. 2. ZBA No. 2000-08. A public hearing to consider and act upon a request by Tim and Robbie Bennett for a variance to Section 22.394 of the City of Wylie Code of Ordinances prohibiting front fences within residence districts, this property being located at 595 and 601 Parker Road (F.M. 2514), being Tracts 24 and 40 of the W. Penny Survey, Abstract No. 696. Posted Friday, January 19, 2001 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. MINUTES ZONING BOARD OF ADJUSTMENT City Council Work Session Conference Room Wylie Municipal Complex 2000 Highway 78 North, Wylie, Texas 75098 November 20, 2000 7:00 p.m. Notice was posted in time and manner required by law, and a quorum was present. Commission Members Present: Staff Members Present: Gerald Clark, Chairman Claude Thompson, Planner Weldon Bullock Derek Green Marilyn Herrera Jeff McCoy Present But Not Participatinci or Voting: Mike Phillips, Alternate CALL TO ORDER Chairman Gerald Clark called the meeting to order at 7:00 p.m. CONSENT AGENDA 1. Consider and act upon approval of the Minutes of the November 250 2000 Meeting. A motion to approve was made by Jeff McCoy, second by Derek Green. Motion carried 5-0. PUBLIC HEARING 1. ZBA No. 2000-06: A public hearing to consider and act upon a request by Larry G. Taylor for a variance to Section 11.3(c) of the Zoning Ordinance to reduce the required rear yard set back from 25 feet to 17.9 feet, in order to allow construction of an addition to a private residence within the rear yard; this property being located at 201 South Third Street, being Lot 10, Block 29 of the Railroad Addition. Larry Taylor, Applicant, 201 South Third Street, Wylie, Texas appeared requesting a reduction of the required back yard building line from 25 feet to 17.9 feet in order to construct an addition to the existing house. The applicant will reside in the expanded residence with the parents who currently live there. He testified that plans for the addition had been approved by the City of Wylie Building Inspection Department and a permit to begin construction had been issued by the City. Foundation forms and plumbing have been completed, but that construction was stopped by City Inspectors when the Form Survey indicated that the construction extended into the rear yard set back. He said that he had earlier checked yard requirements with the Building Inspection staff and the plans had been stamped "approved". Chairman Clark asked if the applicant knew of the required set back of 25 feet and thought that staff had approved the variant dimension. Mr. Taylor responded that he thought that the plans and initial construction was in compliance. Mr. Thompson, Planner, reported that one Comment Form has been received, and that it was in favor of approval of the variance. He stated that initial plan review by staff had failed to see the dimension which clearly indicated that the construction would not meet the rear yard requirements, but that the plans had been stamped "approved for construction subject to field inspection and code compliance". He said that the applicant is responsible for knowing the code requirements and building accordingly. It is his understanding that prior to submittal of plans the applicant asked staff about the side yard requirement and was provided that information, but that he had not asked about other requirements and staff assumed that such was known by the applicant and would be in compliance. Mr. McCoy asked if the Board review was not an attempt to avoid admitting a mistake by the City staff, and if the error could be corrected or approved in some manner other than Board action. Mr. Thompson responded that the applicant is responsible for being aware and complying with all code requirements and that such information is readily available in printed form. In this case, staff answered the limited questions of the applicant correctly, but these courtesy discussions can not address all of the many code requirements. Compliance with set back requirements is normally verified by review of Form Surveys rather than initial plans, as it was in this case. Staff does not have authority to approve plans or work which is in error, and only the Board of Adjustment can approve such variances. However, because staff felt the applicant had acted in good faith, the fee for Board review had been waived. A motion to approve was made by Marilyn Herrera, seconded by Jeff McCoy. Motion carried 5-0. 2. ZBA No. 2000-07: A public hearing to consider and act upon a request by Gregory and Michelle Morrical for a variance to the requirements of Planned Development District 93-29 restricting garages which face or open to the street, in order to construct a detached garage to replace the attached garage converted to a residential room, this property being located at 300 South W. A. Allen Boulevard, being Lot 1, Block G of the Stone Grove Phase 1 Addition. Lonnie Townsend, 6309 Joel Court, Rowlett, Texas, represented the applicant, explaining that the applicants wish to enclose the attached garage in order to provide a room for a homebound parent. They desire to construct a new detached garage to the west of the residence. The front yard circular drive and wide side yard drive accommodates most vehicles to the residence. City staff stopped construction to convert the existing garage and disapproved plans for the proposed side yard garage. The applicant submitted plans which indicate a garage in the rear yard in order to continue conversion of the attached garage, and that plan was approved. However, the applicants still want to locate the detached garage in the side yard because the rear location is less accessible and more costly, and in order to save existing trees and improvements and open space within the back yard. He provided photographs of the proposed side-yard location, and reported that there are other front-loaded garages within the subdivision. Mr. Thompson circulated photographs of the subject property, and responded that there was a change in grade between the side yard and rear yard where the approved plans indicate location of the garage. He said that the street-facing restriction was not a City-wide requirement but rather specific to the Planned Development District by the developer, and that staff had observed no other front-loaded garages within the PD. Section 32.2(5) requires a concurring vote of 75 percent of the members present in order to reverse decisions by the Building Inspection Department. • A motion to approve was made by Derek Green, seconded by Marilyn Herrera. The vote failed 2-3, Board members Clark, Bullock and McCoy voting no. The applicant requested specific reasons for the denial. In summarizing the Board's discussion, Chairman Clark stated that the City-approved plan satisfies the PD and eliminates a need for a variance, that the requested variance would confer a right on the applicant which is not available to other lots within the PD, and that the reason for the variance is self-imposed and not the result of a hardship imposed by the property as demonstrated by the approved plan and the testimony of the applicant. There was no further discussion. ADJOURNMENT A motion to adjourn was made by Derek Green, seconded by Jeff McCoy. Motioned carried 5-0. Meeting adjourned at 7:45 p.m. Gerald Clark, Chairman Claude Thompson, Planner Y of 1lKYIle Public Hearing Item No. 1 ZBA No. 2000-07 - REHEARING Zoning Board of Adjustment Public Hearing - DENIED: November 20, 2000 Zoning Board of Adjustment— REHEARING January 22, 2001 Owner/Applicant: Gregory and Michelle Morrical Location: 300 South W. A. Allen Boulevard, Lot 1, Block G of the Stone Grove, Phase I Addition Request: A variance to the requirement of the Planned Development District that no garage entry shall face or open to any street adjacent to the lot on which it is located. Background: THE ZONING BOARD OF ADJUSTMENT HEARD AND DENIED THIS REQUEST ON NOVEMBER 20, 2000. THE APPLICANTS FEEL THAT ISSUES RELATED TO THIS CASE WERE NOT PROPERLY REPRESENTED TO THE BOARD AT THE EARLIER MEETING AND THAT THEY HAVE ADDITIONAL INFORMATION NOT PRESENTED AT THAT TIME. THIS REHEARING HAS BEEN ALLOWED SO THAT THE APPLICANT MAY CORRECT PREVIOUS MISREPRESENTATIONS AS WELL AS PRESENT THE ADDITIONAL INFORMATION. NO ADDITIONAL INFORMATION HAS BEEN RECEIVED BY THE STAFF AND THE FOLLOWING REPORT IS THE SAME AS PRESENTED AT THE NOVEMBER 20 MEETING. 1. The applicants wish to enclose the existing attached garage in order to provide a room for their disabled, homebound Father. They wish to construct a new detached garage to the southeast side of the existing garage. ZBOA 2000-07 2. The development conditions of the Planned Development District which governs this addition (PD 93-29) states that "No garage entry shall face or open to any street which is adjacent to the lot on which it is located." The City of Wylie Building Inspection Department disapproved the proposed plans and denied a building permit because the new detached garage would face and open to W. A. Allen Boulevard. The proposed garage would also violate the rear yard setback requirements of the applicable SF-1 zoning district of the Zoning Ordinance (14 feet eleven inches rather than the required 20 feet, as noted on Site Plan A). 3. The subject residence is also served by a circular drive within the front yard, which is in compliance with codes and conditions of the Planned Development District. 4. The applicant has provided an alternative Site Plan which proposes a detached garage which conforms to both the requirement of the Planned Development District that no garage entry face or open to the street and the side and rear yard setback requirements of the SF-1 zoning district. See Site Plan B. This alternate Site Plan has been approved by the Building Inspection Department, and the applicant is currently converting the existing attached garage. 5. No other front-accessed garages were found to exist within the vicinity, and all are side- or rear-accessed. 805 Foxwood Lane, cited on the application form, has an attached rear-entry garage accessed from an alley. 6. Section 32.3 (e) of the Zoning Ordinance provides that the Zoning Board of Adjustment may permit a variance to parking and loading requirements where there are unusual and practical difficulties or unnecessary hardships in the carrying out of these provisions due to an irregular shape of the lot, topographical or other conditions, provided such variance will not seriously affect any adjoining property or the general welfare. However, said section does specifically state that in order to grant a variance, the following conditions shall be documented: a) That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures, or buildings in the same district. b) That literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this ordinance. c) That the special conditions and circumstances do not result from the actions of the applicant. ZBOA 2000-07 d) That granting the variance will not confer on the applicant any special privilege that is denied by this ordinance to other lands, structures, or buildings in the same district. e) No nonconforming use of neighboring lands, structures, or buildings in the same district and no permitted use of lands, structures, or building ins other districts shall be considered grounds for the issuance of a variance. f) Financial hardship shall not be considered grounds for the issuance of a variance. Considerations: 1. Public Comment Forms were mailed to eight (8) property owners within 200 feet of this request. No Comment Forms have been returned. 2. There is a terraced topographic grade change between the side yard where the driveway is located and the back yard where the new detached garage is proposed according to approved Site Plan B. A trellis covering currently occupies the area where the new garage is proposed. 3. The approved alternative location (Site Plan B) demonstrates that full compliance can be achieved with the front-entry garage restriction of the Planned Development District as well as setback requirements of the Zoning Ordinance. Financial Considerations: Application fee - Paid Attachments: Rehearing Request Letter Location Map Site Plan A (Denied by Staff) Illustrating Improvements & Required Variances Site Plan B (Approved by Staff) Illustrating Improvements Which Comply to PD & Code Planned Development 93-29 Conditions Property Owner Notification Map Variance Request Application FRUr l : PHUI IE HO. . Ho...... =9 2000 06:52PH P1 November 29, 2000 Greg and Michelle Morrical 300 South W.A, Allen Wylie, Texas 75098 Dear Members of the Zoning Board of Adjustments; We respectfully request that you consider rehearing our request for a variance for our forward facing garage. We feel like all of the issues involved may not have been properly represented to the board. We have additional information to present in support of our request. We ask that you would please consider this request, and allow a rehearing at the next meeting of the board. . With sincere thanks, /.--) LLL? I jC i<C Greg and Michelle Morrical - I I I I_ i I 4( II-J° m i Quail :• - •r in o Pine Ridge Drive 0 MI C CD I • " .. l Castlewood Dr `® l pine Ride D 11 11V / - en�• _■. i i o 41t )I'eilitill111® I A ,®® i Ilitnii, I Lanwoo• give I i NIj- - _.._.._.._. _.._ up / O o > 04 i I Oo i m —I i m m §k 0 - i !. _9 0 Z i W.A. Allen Boulevar o oAripitimm O i o® k I o viiikwp- 1011 W. Allen Boulevard sor rxi, ,... 0 .g.4. ..* illop . • D irt •4111*o 0 _.._.._.._CD i INV gliq 11111 p 1-- .4istit .. -0, i , ir . /• G ® 4 Mk i �Jo ® / e Cir I rt i i _ h _ _ _. _._.._.._.. .. * . I11 �( 1 1 � � 1 I1 1 Ro ling Mea ow Drive 0 / / 1 II 1 5 Aa.°° 1 I It- .z. LLl 1 ,/0 I 1 I j /��j� E X I ST'G 0 V NEW DETACHED FLATWORK /F;�i. GARAGE / a m N U W •/ o__-, pipU , Q EXISTING 1 ��/� r / RESIDENCE/ f 76"", \I) ` J Y1) _ • 0 LOCATION % 9/0 OF REMODEL I EXIST'G DRIVE 1 I vP 25' B f , �10 „,,,,i)- 110.81, ...rie'fi 4...,„ ,, .--- . ,_ yr, Lo 6,,,,,,i,, ,c4-0-t-t--ri SITE FLAN - A SCALE: I"=2O'-O" -. 1 (i LOT I. BLOCK G - IA f{ STONE GROVE, PHASE I WYLIE, COLLIN COUNTY, TEXAS v..--- / / 1 I // 1 / 3 0 / I / v� ♦ / 1 / 1.-- / il 1) e Z tO Its I 37, // �" NEW DETACHED ' I moo, GARAGE O o., EXIST'G' \ C FLATWORK i it, in N fediej 14 G . - „„,:k 4.----i 1 in 1 l EXISTING I I RESIDENCE .'A \--1 6, r 00 LOCATION OF REMODEL I EXIST'G DRIVE ---,... / e\-----,, ‘„, \e_ 7--------c.25' BL V" ' 1 00.8/, Nik) `'• PY.,4 SITE FLAN - S SCALE: 1"=40'-O" LOT I. BLOCK "G" STONE GROVE, PHASE I WYLIE, COLLIN COUNTY, TEXAS p r ORDINANCE NO. 93 -(9-9 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE ZONING CLASSIFICATION OF THE STONEGROVE SUBDIVISION IN THE CITY OF WYLIE, COLLIN COUNTY,TEXAS, FROM PLANNED DEVELOPMENT "PD" TO PLANNED DEVELOPMENT SPECIFYING USES, STANDARDS AND REGULATIONS ALLOWED THEREIN;AMENDING THE COMPREHENSIVE ZONING ORDINANCE, BY AMENDING DISTRICT MAP (ORDINANCE 91-12, ORDINANCE 91-13), REPEALING ORDINANCE 85-60 AND ALL OTHER CONFLICTING ORDINANCES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE - DATE WHEREAS, the real property hereinafter described was zoned Planned Development "PD" by virtue of Ordinance No. 85-60 adopted on the 24th day of September, 1985; and, WHEREAS, the aforesaid Ordinance establishing the Planned Development zoning classification failed to designate any specified or permitted uses, thereby creating a district where there are no authorized uses, no standards and no regulations, making the same effectively useless, which said omission has only recently come to the attention of the City Staff; and, WHEREAS, the most recent Zoning District Map for the City, adopted on the 9th day of July, 1991 by virtue of Ordinances 91-12 and 91-13, continued the Planned Development zoning of the subject property, which it now enjoys, notwithstanding the aforesaid omission; and, WHEREAS, the City Staff has upon learning of the deficiency in the ordinance creating the Planned Development classification, has initiated action to change the zoning classification from Planned Development having no specified or authorized uses to Planned Development with specifications as to permitted uses, and other use requirments and restrictions; and, WHEREAS, the Planning and Zoning Commission, after first having given all requisite notices, by publication and otherwise, and conducting all requisite hearings thereon, has recommended to the City Council that the zoning classification be changed to reflect the use restrictions and classifications as hereinafter specified; and, WHEREAS, the City Council has heretofore conducted a public hearing on the proposed changed and found that it meets one or more of the requirements for amendments as stated in section 35.1 of the Zoning Ordinance; 1 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, as follows: SECTION I (a) That the Comprehensive Zoning Ordinance, as Codified by Section 1, of Chapter 12 of the Wylie City Code, be, and it hereby is, amended by amending the Zoning District Map, as the same currently exists, so as to change the zoning classification on the following described property, to wit: The Entirety of Stone Grove Subdivision in the City of Wylie, Collin County, Texas from Planned Development with no permitted uses are requirments to Planned Development with the uses and restrictions as hereinafter set out; (b) The use of all property in such area being limited to and governed by the following conditions: Permitted Uses: Those set forth in Section 9.0 of the Chapter 12 of the Wylie City Code pertaining to SF-1 Zoning Classification. Height Regulations:: Those set forth in Section 9.1 of Chapter 12 of the Wylie City Code pertaining to SF-1 Zoning Classification. Area Regulations: Those set forth in Section 9.2 of Chapter 12 of the Wylie City Code pertaining to SF-1 Zoning Classification; except for sub section (3) thereof "Minimum Dwelling Size" which is hereby established and set at 2,000 square feet. Garage Entry: No garage entry shall face, or open to, any street which is adjacent to the lot on which it is located. (c) The above provided uses being generally in conformance with the standards and regulations associated with the SF-1 zoning district classification, except for the variations from such standard requirements as herein above set forth. SECTION II The stated pm-pose and intent of granting the within specified Planned Development Designation is to allow development of the lots in a fashion more consistent with and 2 complementary to: (a) existing residences, and (b) the intent of the original unspecified Planned Development designation, by granting a use that is, to an extent, harmonious with the above stated reasons and that of the City's Zoning Ordinance; as such designation and purpose is found to be not in conflict with the overall intent of the Zoning Ordinance, and not inconsistent with the planning on which it is based and not otherwise harmful to the neighborhood. SECTION III That the property herein described shall be used only in the manner and for the purposes - authorized by the Comprehensive Zoning Ordinance of the City of Wylie, as amended. SECTION IV Any person violating the provisions of this ordinance, or any part hereof, shall be guilty commits an unlawful act and shall be subject to the general penalty provisions of Section 37 of the Zoning Ordinance, as the same now exists or is hereafter amended. SECTION V Should any paragraph, sentence, sub-division, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part or parts as declared to be invalid, illegal, or unconstitutional. SECTION VI This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. SECTION VII That Ordinance 85-60, and all other ordinances and code provisions in conflict herewith are hereby repealed to the extent of any such conflict or inconsistency and all other provisions of the Wylie City Code not in conflict herewith shall remain in full force and effect. 3 SECTION VIII The repeal of any ordinance, of parts thereof, by the enactment of this Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 13th day of July, 1993. By / hn W. Akin ayor ATTEST: ���Mary NNtt,y/T( City Secretary Approv : ,4111411111 Steven Pi - ter City Attorne, 5 R 1 .t—�e \ • [1"- 200' B8 Knaymer R-6688-004-1120-1 — .. —. .T.Bude4F Dedicated easement R.224840G. to CIN aryl* 0020-1 H.Tbbds R-6688-004-1000-1 Dedcated easemen W.I.S.D t R-6688-004-2000-1 of _ N M.Goner _ -2248-008- >_ L R 02801 0 > M.Wtetecha R-22 8-008- 0270-1 \ —-0 D 0 mmO - 0 o C — 0 c e ) 11111 S • ringwood Lane < ,00a J ., . IL dit 1 I I& Heatherwood \-ore C PROPERTY OWNER NOTIFICATION MAP < ZBA CASE #2000-0 7 Z6t4Zczrv-r~ 7 - ReceiPf ff Zoo/% APPEAL TO THE BOARD OF ADJUSTMENTS $100 FEE CITY OF WYLIE,TEXAS DATE: ///./.' PLEASE TYPE OR PRINT USING BLACK INK DATA RELATIVE TO VARIANCE REQUEST: • Street Address: 300 5,4 L w, 4. .Q 1 l e ri 3 I Vc Zoning District: Lot Number: I Block Number: Addition:Stone if.me Pti6 sr • TO THE HONORABLE BOARD OF ADJUSTMENTS: G-rc' ary 9 tit;cAPI/e A4.rric'ct ( (997)cINZ-9s (Applicant)6 (Phone Number) 30-0 <</1, Lv_A , 4II,, a 10vlam Tx (Street Address City/ State Zip Code) In accordance with the provisions of the Zoning Ordinance,appeal is now made to the Honorable Board of Adjustments to grant the following variance request: -WP6uesf;n a ' ctF l�rdiet) .2 (14r rvn r4eici 7 err<tye. In order to make a finding of hardship and to grant a variance, the Board of Adjustments must determine that all of the following conditions arc met. State how your request meets these conditions. Please note that the stated hardship shall not be financial nor self-induced. a. The requested variance does not violate the intent of the ordinance or its amendments: jA/, Fh ou )1; n 4argt eircu/4r dtii/ Our vr.A, / iv;(_/ 4 e,t �,- 6 et .S u r el/,74 to146inl nn Pt/4 IQ , P //Pc7, T7, )1 P/ i '1t been ace rrf- /Ae /,4 r o7, w.A . A//f i! r!"S ' S-%,ti/) « f 7r7J n/- r� u r D�l e r y. • t d P c.l; l( r10 f 6 e "tic 16-e P;r7 b. Special conditions of restricted area,shape, topography,or physical features exist that arc peculiar to the subject parcel of land and are not applicable to other parcels of land in the same zoning district: D11 -/v tie Wit rrar k'.f I;nr' gm/ /q 4n f '/ .s--atie 4llrr✓1y Ina+urt free's iF Se '/Us f hPSf fry qc iT/j`1•7 Q ro/1'f -fAf itv ;rrrc�f a / i< i rie/ //)7 ir'70/!ect PLEASE CHECK ONE: I will represent this variance request at the Board meeting. (✓ I will not be able to represent this variance request at the Board meeting. My authorized representative,who will request this variance before the Board of Adjustments is: / / pphone Numb Name �• ;iy 90�-sa3 9 �o a7 �iJ -/ G/ "( ,vZ z`'- -7ro ,i 9 Street Address City State Zip Code I do hereby certify that the above statements are true and correct to the best of my knowledge. .2' , /4/0-0 £ MYJ ,/// licant's nature / üDatc STATE OF TEXAS COUNTY OF COLLIN Subscribed and sworn to before me this the 04 day of?min�2� ,by ,who,on his/her oath certifies that the abov statements are true and correct to the best of his/her knowledge. C� ". J Notary Public PLEASE COMPLETE TIIE FOLLOWING INFORMATION IF THE PROPERTY OWNER IS SOMEONE OTHER-THAN THE APPLICANT Property Owner Phone Number Street Address City , State Zip Code Tenant Name Phone Number CRY of Wylie Public Hearing Item No. 2 ZBA No. 2000-08 Zoning Board of Adjustment Public Hearing: January 22, 2001 Owner/Applicant: Tim and Robbie Bennett Location: 595 and 601 Parker Road (F.M. 2514), generally located to the south of Parker and west of Ballard Avenue Request: A variance of Section 22.394 of the Code of Ordinances prohibiting front fences within residential districts, in order to allow a 4 feet high fence along the front property line of an existing residence. Background: 1. The subject property was annexed into the City of Wylie in 1998. The applicant/owner resides on the property in a single-family residential dwelling. 2. The applicant desires to construct a white picket fence, 4 feet in height, along the front property line, in order to protect his children by restricting their access to the traffic along parker Road and as an aesthetic enhancement to the property. 3. Section 22.394 of the Code of Ordinances states that no fence shall be constructed between the building line and front (or side) property line, except for ornamental type fencing on side yard property lines facing side streets. Such ornamental type fences shall not exceed six feet in height with at least 50 percent through vision. ZBOA 2000-08 4. Section 32.3 (e) of the Zoning Ordinance provides that the Zoning Board of Adjustment may permit a variance to the requirements of the development code where there are unusual and practical difficulties or unnecessary hardships in the carrying out of these provisions due to an irregular shape of the lot, topographical or other conditions, provided such variance will not seriously affect any adjoining property or the general welfare. However, said section does specifically state that in order to grant a variance, the following conditions shall be documented: a) That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures, or buildings in the same district. b) That literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this ordinance. c) That the special conditions and circumstances do not result from the actions of the applicant. d) That granting the variance will not confer on the applicant any special privilege that is denied by this ordinance to other lands, structures, or buildings in the same district. e) No nonconforming use of neighboring lands, structures, or buildings in the same district and no permitted use of lands, structures, or building ins other districts shall be considered grounds for the issuance of a variance. f) Financial hardship shall not be considered grounds for the issuance of a variance. Considerations: 1. Public Comment Forms were mailed to eleven (11) property owners within 200 feet of this request. No Comment Forms have been returned. 2. Recent (9-00) traffic counts report that Parker Road currently carries an average of 5,403 vehicles per day. The Thoroughfare Plan recommends that this regional connector be ultimately constructed to six lanes with median divider, capable of carrying in excess of 60,00 vehicles per day. 3. The adjoining property to the west has a front yard fence (woven-wire-mesh, "cyclone") which was existing when the properties were annexed into the City and is, therefore, legally nonconforming. The property immediately across Parker Road has a front yard fence (white post-and-rail), but this property is located within unincorporated Collin County. ZBOA 2000-08 Financial Considerations: Application fee - Paid Attachments: Location Map Site Plan Illustrating Improvements Section 22.394 of the Code of Ordinances Property Owner Notification Map Variance Request Application VW 1" - 200' —L. 1 , N.. 111111 gilim SUBJECT ph ,,��0{1111� 11 1lili PROPERTY 0'e !�ll �; -.❑ _-__ _:; :.-. :-_�/1 11111� 11 t. ..,:.- NEI Cam:=■ �i1:.. mil ri I/ idmCCC Trill 0■ ■ III C _ _ - _ !MCI 11111111411 '''.' / ,Irdillilitsim_ __I IIM --' Illk III' 1,1! 11 HE I/ APIA iliCti ' I 1... . 11" — --- i...di mg.: slum "/ •10. .„ _,.. ...•.. il- .„,,,,.,,,,.......,....,,,,,„,,,:„..„.0,,,. .... 1, ,-a tVtl14iftcVii°9i 11r rt•1 ■ /11111111 " 111 =t�I:_�1111 1I11 1 'III•, r' �' �■w -w.w . - rr ��xi E� ��111�1�■ ♦♦ 11111111111111� ■.■■ -,,,`-� 4IIIIIII�IIII `I /1111/1IIIII11�MI E p Illib1111iiii11 malk k /1 II/111111111i1,a la m . - ill 111111111111 itiLI EC a ,, miiiillllllim i ��� ` Al__ ______ _ miry ripiar., 4 ..is m volowo gi en_ __ 9 Ii ��>. . 54, ' I • • ill -,,,,,,, Irl�l'III � i , ii , ,_,.. icm....7 - .„,,„,„.„... ,......... ...,. ,..tally PPIPP: % 12.611.17. LOCATION ..mq,..:„ . MAPI a a .,:- ►� ZONING BOARD CASE #2000-08 f Pinker• 20/96. (No ' EJW) I �irs fbl E o 4 tn.h�� is(�z f 71e Z. 1 i 3 S too Brie Q Ec p/Nosh 1 6 o I Aarkep Ro‘ 6-q5- Mrkti' ' 1 2 , / a cr-es , 2iCacres i 1 I 1 J I /V BUILDINGS AND BUILDING REGULATIONS §22-396 Sec. 22-389. Compliance with the zoning or- Sec. 22-392. Height limit along rear yard or dinance. alley line in residential dis- All fences and fence locations shall conform to tricts. the requirements of the zoning ordinance of the No fence shall be constructed at a height ex- city, and nothing in this article shall be construed ceeding eight feet along the rear yard or alley line as permitting construction of a fence which would in residential districts. violate the provisions of the zoning ordinance, as (Ord. No. 78-15, § VII, 4-18-78; Code 1991, ch. 3, such ordinance presently exists or as it may be § 12.07) hereafter amended. (Code 1991, ch. 3, § 12.04) Sec. 22-393. Height limit on side yard line in Sec. 22-390. Location on or protrusion over residential districts. city property. No fence shall be constructed at a height ex- No privately owned fence or guy wires, braces ceeding eight feet on any side yard line in resi- or any other part of a privately owned fence shall dential districts up to the building line of the be constructed upon or caused to protrude over house proper.All such fences constructed on side property owned by the city. yard lines in residential districts must be vertical. (Code 1991, ch. 3, § 12.05) (Ord. No. 78-15, §VIII, 4-18-78; Code 1991, ch. 3, § 12.08) Sec. 22-391. Visibility obstruction. No fence shall be erected or maintained in a Sec. 22-394. Front yard fences in residential manner so as to be a visibility obstruction as districts prohibited;exceptions; indicated in figure 1 of this section and made a height limit and visibility of side part of this section. property line fences extending Figure 1 or constructed past the build- ing line. No fence shall be constructed between the build- ing line and front property line and/or street side building line for corner lots for residential build- ings facing the side street, except for ornamental type fencing on side yard property lines built between the building line and front property line. Ornamental type fences shall not exceed six feet • —'�L- in height with at least 50 percent through vision. .I.n 101. (Ord. No. 78-15, § IX, 4-18-78; Code 1991, ch. 3, § o: 1:...I.eu.T70 12.09) ............... 1 Sec. 22-395. Height limit in industrial dis- tricts. AREA OF VISIBILITY No fence shall be constructed at a height ex- ceeding ten feet in industrial districts. (Ord. No. 78-15, § X, 4-18-78; Code 1991, ch. 3, § 12.10) - , Sec. 22-396. Height limit around tennis courts; fence arms. Fences around tennis courts, regardless of the district in which they are located, shall be con- structed at a height not exceeding ten feet, and (Ord. No. 78-15, §VI,4-18-78; Code 1991, ch. 3, § fence arms shall not be allowed thereon. 12.06) (Code 1991, ch. 3, § 12.11) CD22:15 I i iI © I I I I I I i I I I I I i i OUT IDE CITYLIMITS I i ,! I I 1 FM 2514 i i I 1 i• I J. Espinoza CI 1ii E I T B&D Land LC- . . _j : I R-6696-000- SU P R-6696-000-0330 1 0280-1 PROPE "TY 1 R •.•. III 1.040-1 1 R-6696-000-Q400-1 1 1 1 1 1 1 1 i . . _ . .i_. . _ • • _ . 1XU R-6696-000-0260-1 R-1878-013o16a1 R-4447-0 02bo-, �d kkis-t4r3 '. � IM ,� '', Autumn Breeze L. 1878-01& 0120-1 aston Drive Eas a) I] - 0 -a Terrace Dl $_1 I I I 1 PROPERTY OWNER NOTIFICATION MAP ZONING BOARD CASE #2000-08 APPEAL TO THE BOARD OF ADJUSTMENTS • $100 FEE CITY OF WYLIE,TEXAS DATE:/-,? -G_S CO PLEASE TYPE OR PRINT USING BLACK INK DATA RELATIVE TO VARIANCE REQUEST: • Street Address: 6201 /9'q' �IAA(�(e, Zoning District: ,4 6 Lot Number: AloSf G96, Block Number: Tr azf tf° Addition: /t r , ,' ( • TO THE HONORABLE BOARD OF ADJUSTMENTS: T/m . /Zo667•e (fe,.,,, e7f q72— •fez - er3 (Applicant) (Phone Number) f, G 0( 1,eA - L'( '7/1-c , 771/ 75d 9 S (Street Address City State Zip Code) In accordance with the provisions of the Zoning Ordinance,appeal is now made to the Honorable Board of Adjustments to grant the following variance request: 7 i9//ow 4 ' -4 to "1 t. j 6e.-<1.- 74 be cd .Jr•��7- I yi-e n-e'7'7 • In order to make a finding of hardship and to grant a variance,the Board of Adjustments must determine that all orthe following conditions are met. State how your request meets these conditions. Please note that the stated hardship shall not be financial nor self-induced. a. The requested variance does not violate the intent of the ordinance or its amendments: - 7-4-e f,E,- 4`" w,%/ is-A-- ,9A-GE )44-e .zEsf4.-0.7‘/' 744-e /4°/'a i�t-717 41 !//Ewram/ 74>--e /-si,Et.- ,'d S'/0-19-e,-.7`-r 1i-9 L N El) 4 ci /��am..7-�r y-A fii-,A`> �� 744-e C(7`/2�t.vf /s,�/f obir�i"� ��1,e '[Lv4 b. Special conditions of restricted area,shape,topography,or physical features exist that are peculiar to the subject parcel of land and are not applicable to other parcels of land in the same zoning district: F,--4-A-7`42 c /84//€ Ler vE co-.�rekc,�i� etc f a c,i r:-wc.Fr �o in 4/t 4 o�/zv'_ 7/-> OAo .¢ro /e ,/'of-e -7 . >4-4..e '- -c Gir y • c. The hardship is in no way the result of the applicant's own actions: 7;1...e 41,4 voL 4 in P d S d of 7 e f/iq{fic /r/ft of t� .Qo( .,w !j /Lo 7 ,09 /,e rcr l f of p cri d. The interpretation of the provisions in this ordinance or its amendments would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district, that comply with the same provisions: /9G 2.Q/v.o®" 7,70,A-e /.EJ `7i9v�c 71,4 47`�lz� ,9.. 0 744-t G/ii/e/le••- Ivri/10 //ve /0'b7z�,--/c-cd f/t r. - PLEASE CHECK ONE: I will represent this variance request at the Board meeting. I will not be able to represent this Variance request at the Board meeting. My authorized representative,who will request this variance before the Board of Adjustments is: T/'77 77 972— 4YZ—g/8� Name Phone Number 6d( `i9, — ,e_o( y(/F/ TA/ 7)--a?X Street Address City State Zip Code I do hereby certify that the above statements are true and correct thb best of my knowledge. Applicant's Signature Date • STATE OF TEXAS COUNTY OF COLLIN Su scribed and sworn to before me this the ' dot, ,f L LL-"- 1-9- Gby m�I `je -uL- ,who,on his/her oath certifies that the above statements true and correct to the best of his/her knowledge. , , 90•'�. VALERIE PIKE Notary Public 90 Notary STATE OF TE TEX AS O5 -27.2004 PLEASE COMPLETE THE FOLLOWING INFORMATION IF THE PROPERTY OWNER IS SOMEONE OTHER'THAN THE APPLICANT Property Owner Phone Number Street Address City State Zip Code Tenant Name Phone Number • Street Address City State . Zip Code If the owner of the subject property is not the applicant,by signing below,the owner authorizes the applicant or his authorized representative to make this application on its behalf and to appear-before the Board. Owner Date ' STATE OF TEXAS • COUNTY OF COLLIN Subscribed and sworn to before me this the day of . 19 ,by ,who,on his/her oath certifies that the above statements are true and correct to the best of his/her knowledge.