03-26-2001 (Zoning Board of Adjustment) Agenda Packet 0
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M arch 26 2001
Regular Business Meeting
AGENDA
Zoning Board of Adjustment
City Council Conference Room - Wylie Municipal Complex
2000 Highway 78 North, Wylie, Texas 75098
Monday, March 26, 2001
7:00 p.m.
CALL TO ORDER
CITIZEN PARTICIPATION
CONSENT AGENDA
1. Consider and act upon approval of the Minutes of the February 26, 2001 Meeting.
PUBLIC HEARINGS
1. ZBA No. 2001-03. A public hearing to consider and act upon a request by Dee
Potter for a variance to Section 11.3(1)(a) of the City of Wylie Zoning Ordinance in
order to allow a decrease in the required front yard setback from 25 feet to 20 feet,
this property being located at 106 Cotton Belt Avenue, and being Lot 11, Block 12 of
Keller's Second Addition, City of Wylie, Collin County, Texas.
2. ZBA No. 2001-04. A public hearing to consider and act upon a request by
DOMTEX Equities, Inc. for a variance to Section 14.3(1)(a) of the City of Wylie
Zoning Ordinance in order to allow a decrease in the required front yard from 30 feet
to 18 feet, this property being located at 301 West Kirby Street, and being Lot 13,
Block 6 of the Holiday Terrace Addition, City of Wylie, Collin County, Texas.
Posted Friday, March 23, 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 Conference Room - Wylie Municipal Complex
2000 Highway 78 North, Wylie, Texas 75098
Monday, March 26, 2001
7:00 p.m.
CALL TO ORDER
CITIZEN PARTICIPATION
CONSENT AGENDA
1. Consider and act upon approval of the Minutes of the February 26, 2001 Meeting.
PUBLIC HEARINGS
1. ZBA No. 2001-03. A public hearing to consider and act upon a request by Dee
Potter for a variance to Section 11.3(1)(a) of the City of Wylie Zoning Ordinance in
order to allow a decrease in the required front yard setback from 25 feet to 20 feet,
this property being located at 106 Cotton Belt Avenue, and being Lot 11, Block 12 of
Keller's Second Addition, City of Wylie, Collin County, Texas.
2. ZBA No. 2001-04. A public hearing to consider and act upon a request by
DOMTEX Equities, Inc. for a variance to Section 14.3(1)(a) of the City of Wylie
Zoning Ordinance in order to allow a decrease in the required front yard from 30 feet
to 18 feet, this property being located at 301 West Kirby Street, and being Lot 13,
Block 6 of the Holiday Terrace Addition, City of Wylie, Collin County, Texas.
Posted Friday, March 23, 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.
rit
efts of Wylie
Public Hearing Item No. 1
ZBA No. 2001 -03
Zoning Board of Adjustment Public Hearing: March 26, 2001
Owner/Applicant: Dee Potter
Location: 106 Cotton Belt Avenue, being Lot 11, Block 12, of
Keller's Second Addition
Request: Variance of Section 11.3(1)(a) of the Zoning
Ordinance to allow a front yard building setback from
the required 25 feet to 20 feet.
Background:
1. The subject property is zoned Single-Family Residential — 3 (SF-3) District. Section
11.3(1)(a) of the Zoning Ordinance requires a front yard of not less than 25 feet in
the SF-3 District.
2. A previous residence on the subject lot was destroyed by fire, and the lot is vacant.
The applicant desires to construct and reside in a single-family house on the lot.
3. Several mature and healthy trees are located on the lot. Four large pecan trees are
located across the approximate center of the lot. The applicant is requesting the
variance in order to locate the new residence in a manner which saves these trees
within the center of the lot.
4. The requested variance will allow a front yard of 20 feet, rather than the required 25
feet. The variance is a difference of 5 feet or 20 percent from the required setback.
The proposal conforms to all other pertinent code requirements.
ZBOA 2001-03
5. Existing residences on adjoining properties within this older neighborhood appear to
extend into the currently required front yard setback at least as much as the
proposed variance, so that the front yard alignment of the new residence on the
subject lot will appear common to existing development along the street.
6. Wylie currently has no requirements to save existing mature trees. However, the
Comprehensive Plan recommends adoption of an ordinance requiring the
preservation of trees from urban construction projects in order to "reinforce the
country atmosphere that is the goal of the Land Use Plan."
7. 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.
ZBOA 2001-03
Considerations:
1. Public Comment Forms were mailed to Twenty-four (24) property owners within
200 feet of this request. No Comment Forms have been returned.
2. The requested variance appears to be in keeping with the existing setbacks of
neighboring properties.
3. Existing mature trees, such as those located on the subject property, provide
significant environmental and aesthetic values to the overall community as well
as the property on which they are located. The Comprehensive Plan
recommends that some local legal regulatory mechanism be established in order
to encourage or require the preservation of such trees. The current request is
one means of achieving this recommendation.
Financial Considerations:
Application fee - Paid
Attachments:
Location Map
Site Plan Illustrating Improvements and Variance
Variance Request Application
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LOCATION MAP
ZONING BOARD CASE #2001 _03
03/09/2001 11:42 9724146725 CHARLIE SHEARER EASE 02
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APPEAL TO THE BOARD ADJUSTMENTS $100 FEE / ,
CITY OF WYLIE,TEXAS DATE: 3` of J
PLEASE TYPR OR PRINT USING BLACK INK
Street Address: Z`-'6-' /TGrt) &i-r A.) Zonig District: - -�
Lot number: // Block Number: / Addition: 4-L 7-4ff2s /.7).i.17 t)
TO THE HONORABLE BOARD OF ADJUSTMENTS:
Der R-V/ 11-624'37
(Applicant) (Phone Number)
'' y- -5-•/ -A1 //J it,Pt VIM 7 X 75-/ 7_3
(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:
,Rcw /V C —O'/
Tz• --O" P S-
In order to make a finding of hardship and to grant a variance,the Board of Adjustments must determine
that all of the following conditions are met. State how your request meets these conditions. Please note
that the stated hardship shall not be financial nor self-induced.
a. The requested variance does not violate the intent of the ordinance or its amendments:
b. Special conditions of restricted area, Shape,topography,or physical features exists that are
peculiar to the subject parcel of land and are not applicable to other parcels of land in the same zoning
district:
R4S»Ls✓6-e- [C iAZ/71 AKENSS %->✓ L-3c ��='X.
P/2CM , T PcWG�,!/z=�1^Q�t�°�ft�/i't`z LT
c. The hardship is no way the result of the applicant's own actions:
?Zc.ary /0/4a44.4y 4-14t t�i - 7k set2a, C,cr✓Si.
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:
PLEASE CHECK ONE:
I will represent this variance request at the board meeting.
✓ I will not be able to represent this variance request at the board meeting. My authorized
representative, who will request this variance before the Board of
Adjustments is:
(Name) (Pe Number)
Sftit--off AD 64 i/) (A 7SG1-0
(Street Address) (City) (State) (Zip Code)
I do hereby certify that the above statements are true and correct to the best of my knowledge.
Applicant's Signature Date
STATE OF TEXAS
COUNTY OF COLLIN
Subscribed and sworn to before me this the day of 20 , by
, Whom,on his/her oath certifies that the above statements are true and correct
to the best of his/her knowledge.
Notary Republic
**************************************************************************************
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 the 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 20 ,by
, who,on his/her oath certifies that the above statements are true and correct to
the best of his/her knowledge.
Notary Republic
:CHy=of-Wylie
Public Hearing Item No. 2
ZBA No. 2001 -04
Zoning Board of Adjustment Public Hearing: March 26, 2001
Owner/Applicant: DOMTEX Equities, Inc. (Lakeside Village Apartments)
Right Of Way Acquisition Consultants
Location: 301 West Kirby Street, being Lot 13, Block 6, of the
Holiday Terrace Addition
Request: Variance of Section 14.3(1)(a) of the Zoning
Ordinance to allow a front yard building setback from
the required 30 feet to 18 feet.
Background:
1. The subject property is zoned Multi-Family Residential (MF) District. The lot is
occupied by the Lakeside Village Apartments. The leasing office and major
vehicular entry to the apartment complex is off of West Kirby Street, which is the
legal front yard. The Kirby entry drive has be closed due to the street widening, and
the vehicular access into the complex is entirely from Birmingham Street.
2. Section 11.4(1)(a) of the Zoning Ordinance requires a front yard of not less than 30
feet in the MF District. When originally constructed, the apartment complex
conformed to front yard setback requirement.
3. The City of Wylie recently made improvements to West Kirby Street, including a
dedicated right-turn lane, which required additional right-of-way to be taken from the
front yard of the subject property. The remaining front yard depth is 18 feet, which
does not conform to setback requirements of the MF District. Only the office opens
to the front yard, and the openings (rear) and terraces of all adjacent apartments
are fenced to restrict direct access.
ZBOA 2001-04
4. The requested variance will make the remaining front yard of 18 feet legally
conforming. The variance is a difference of 12 feet 40 percent from the required
setback.
5. 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 Thirty-four (34) property owners within
200 feet of this request. No Comment Forms have been returned.
2. The requested variance is the direct result of the City's action in improving Kirby
Street, considered to be a public necessity. Therefore, the application fee has
been waived, and the City's right-of-way agent is representing the owner.
ZBOA 2001-04
3. Due to the design of the apartment complex, focusing internally on parking front
and dwelling unit access, the subject front yard accommodates no parking and
limited pedestrian access.
Financial Considerations:
Application fee - Waived
Attachments:
Location Map
Site Plan Illustrating Improvements and Variance
Variance Request Application
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LOCATION MAP
ZONING BOARD CASE #2001 -04
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• FRCh1 : ROWAC FAX NO. : 214-35B-6463 Mar. 14 2001 04:13PM P2
AI'1'LA1. I C)Tor IiOARI)AI)111S"(MLN I S S100 FEL
CITY OF WYLIE, lf'.XAS DA•II: _
t'LLASU'1YI'R OR ['RIN'I USING BLACK INK
Sheet Address: 30.1_ 11 K_I rhy S I Zonig Dish icL_NF A1ti1 t i 1 y
1..01 number: 11 Block Number: r� Addition: l4-i1 ir.La rra.c.0
"10 11 iE t IONORAliLG BOARD OF ADJUSTMENTS:
DOMTEX Igo t.I.es , Inc (214)528-2272
(Ap>Iicaut) (Phone Number)
383 Tur i le Creek Blvd ,Ste: 10 D, Dallas, TX 7.i2 19
(Sheet Address) (City) (State) (Zip Code)
In accordance with the provisions of the Zoning Otdin.utce,appeal is now made to the I lonurable Board of
Adjustments to grant the following variance request:
SEE A_TTACIIK ENT
in outer to make a finding of katdship and to grant a vat iance,the Board of Adjustments must determine
that all of the littluwing conditions are met. Stale how your request meets these conditions. Please note
that the stated hardship shall not be financial nor self-induced.
a. 1 lie requested vat iancc dues not violate the intent of the ordinance:ur its amendments:
SEE—ATTACriM1 NT
•
b. Special conditions of restricted mat,Shape, topography,or physical features exists that are
peculiar to the subject parcel of land and are not applicable to other parcels of land in the saute zoning
dishict:
SEE ATTACIIMENT
c. The hardship is no way the result of the applicant's own actions:
511': ATTACHMENT - -•
•
d. "Ihe interpretation of the provisions in this ordinance or its amendments would deprive the
applicant of rights commonly enjoyed by other properties iu the saute Zoning district, that comply with the
same provisions:
sa3s—t4lf eHMENT __
FRO11 : ROWAC FAX NO. : 214-358-6463 Mar. 14 2001 04:14PM P3
PLEASE CI ILUK UNIT•
I will represent this vat lance request at the board meeting
will not be able to represent this variance request at the board meeting. My authorized
reuresenlatiye, who will request this variance before the Board of Adjustments is:
ROWAC (214)358.6452
(Name) _•._ (Phone Number)
_ 3836 WYeeburn Drive Dallas , TX 75229- 2139
(Street Address) (City) (State) (Zip Code)
1 do het eby certify that the above statements are true at correct to the best of ny knowledge,
50.rA ctv c__0(vM CA./ rn tic f f- /o
Applicant's Signature Date
STATE OF'I t=.XAS
COUNTY OF Gettitt Oa/a S
Subscribed and swots to before me this the 7* day of H&t 1 20 0/ ,by
� ..��taw.•c�--% Whom,vn lrislher oath certi(icc that tit above stater ems are true and correct
to the best of hi /her knnwiec
_=r ): Nonry Neu.State olTern otary Republic
" ^C; My Comrrwsaron Expiros 1?-0$-0?
••
PLEASE COMl9.l FF.'HIE FOLLOWING INPORMATION IF tIlL PROPER OWNER IS
SOMEONE Ol lII?R'I I IAN"filE APPLICANT
(Property Owner) (Phone Number) --
(Street Address) (City) (State) (Zip Code)
(Tenant Haute) (I'Irone Number)
(Street Address) (City) (State) (Zip Code)
if the owner of the subject properly is not the applicant,by signing the below,the owner authorizes the
applicant ui his audio;i>.ed representative to make this application on its behalf and to appear before the
board.
(Owner) (t)ate)
SCAtLOF•IEXAS
COUNTY OF COLLIN
Subscribed and swrnu to before me this the day of 20 ,by
_ ,who,on his/her oath cci lilies that the above statements are line and con ect to
the best of his/iter knowledge,
Notary Republic
FROM : ROWAC FAX NO. : 214-358-64E3 Mar. 15 2001 03:09PM P1
APPEAL TO THE ZONING BOARD OF ADJUSTMENTS
ATTACHMENT
'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:
ROWAC, at the request of Lakeside Village Apartments (applicant), respectfully requests
a zoning variance he granted exempting the improvements on the property from the zoning
ordinance set-back requirements,despite a pending right-of-way acquisition and widening of
Kirby Street which will result in a set-hack of approximately 18' from the Kirby Street/ north
property line, and 28'from the curb/new Kirby Street paving.
a. The requested variance does not violate the intent of the ordinance or its
amendments:
The applicant's current zoning district is described as"Multiple Family." The variance
here requested will allow the applicant to maintain it's existing footprint and unit-density,
and also allow fur the reconstruction, if need be,of the buildings as they presently exist:
thus permitting continued utilization of this area for multiple family residences.
b. Special conditions of restricted area,shape,topography,or physical features exist
that arc peculiar to the subject parcel of land and arc not applicable to other parcels
of land in the same zoning district:
The improvements to this parcel are primarily multi-unit apartment buildings. The
repositioning of these buildings to comply with current zoning ordinances would have an
adverse effect on parking space and unit-density,not to mention incurring huge expense
and grossly inconveniencing the tenants. This is a hardship not faced by any other
property in the area.
c. The hardship is no way the result of the applicant's own actions:
The City of Wylie's development plan, which includes the widening of Kirby Street to
include a dedicated right-turn lane, has caused the need for this variance. The applicant
was not involved in any way with the plans to widen Kirby Street, and therefore cannot be
held accountable for the present hardship.
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:
Insofar as the hardship giving rise to this appeal was not caused by the applicant's own
actions, and this set of circumstances is not faced by other properties in the area, the
provisions set forth in this ordinance should be interpreted to allow the requested variance
to be granted to the applicant.
FROM : ROI,JAC FAk; NO. : 214-358-6463 Mar. 15 2001 03: 10PM P2
Analysis and Valuation of Proposed Acquisition Area
I
I
Value of the Remainder After the Acquisition
As noted,the proposed acquisition area will be used for the widening and improvements of Kirby
Street. After the acquisition,the remaining site will have similar access and visibility along and
Ito Kirby Street and Birmingham. The Highest and Best Use of the remaining site will be
unchanged. The remainder site will contain approximately 89,646 SF.
I
In developing the analysis of the Remainder Highest and Best Use and estimating the value after
I the acquisition, several questions were formulated and answered through the combined sources
of: analysis of the Right of Way Acquisition Map,the engineering design and construction plans,
the City of Wylie Department of Public Works, and consultation with locally knowledgeable
consultants. The answers to specific questions, combined with the analysis of the undersigned
land rights appraiser, were subsequently applied to market reaction observations and data
Iintroduced by the appraiser to finalize remainder impact conclusions. Following are some of the
considerations in the valuation ofthe remainder after the proposed acquisition(Remainder After).
1) Will the subject property have adequate front yard setback to comply with both zoning
regulations and operating needs compared to market custom?
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No. Before the proposedacquisition,the existing improvements set back 28 feet from
IKirby Street which is below the minimum 30 foot front yard setback. After the
proposed acquisition the set back will be 18feet fromKirby Street/north property line.
Thus, the subject property continues to be a legal non-conforming use. The existing
improvements will be approximately 28 feet from the curb/new Kirby Street paving.
2) Will the reduction in the front yard setback affect the value of the remaining property?
No. However,there could be a concern by property management and tenants as to the
privacy and security of the remaining setback area after the acquisition_ As
discussed, the 24 units adjacent to Kirby Street will be 10 feet nearer to the road.
Given the proximity of the new road, the management would likely desire to reassure
existing and prospective tenants that privacy and security are important This could
be accomplished by constructing/installing a decorativewrought iron fence along the
Kirby Street frontage. The fencing would tie-in to the building which is the north
eastern most point on the property_ It would also tie-in to the existing redwood fence
which separates the subject property from the adjacent property on the west. The
appraisers have estimated that approximately 300 linear feet of fencing would be
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FROM : ROWAC FAX NO. : 214-358-6463 Mar. 15 2001 03:11PM P3
Analysis and Valuation of Proposed Acquisition Area
required to protect and preserve the privacy of residents in the units adjacent to Kirby
Street This is not considered to be an enhancement/betterment to the property. This
solution is intended to prevent loitering by pedestrians using a proposed sidewalk
which ispartofthenew roadway design. Estimatesfrom localfencing companies are
57,500 or$25/LFfor construction and installation of the wrought iron fence.
These alterations should not negatively effect the value of the remaining property. Therefore in
the final analysis, the market of the remainder subject property after the acquisition and
construction of Kirby Street is not less than the value before the acquisition and reconstruction.
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