11-26-2001 (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, November 26, 2001
7:00 p.m.
CALL TO ORDER
CITIZEN PARTICIPATION
CONSENT AGENDA
1. Consider and act upon approval of the Minutes of the October 8, 2001 Meeting.
PUBLIC HEARINGS
1. ZBA No. 2001-07. Hold a public hearing to consider and act upon a request by
Hanif Akuly for the following variances of the City of Wylie Zoning Ordinance in
order to allow continuation of operation of a motor vehicle fueling center at 503 State
Highway 78 at West Kirby Street, and being Tract 5 of the E.C. Davidson Survey,
Abstract No. 267, City of Wylie, Collin County, Texas.
a. Section 18.3(1)(a) — variance of the front yard building setback from the
required 20 feet to 19 feet
b. Section 18.3(1)(b) — variance of the side yard building setback from the
required 10 feet to 3 feet
c. Section 18.3(1)(c) — variance of the rear yard building setback from the
required 20 feet and an alley to 5 feet and no alley
d. Section 25.2(7) — variance of the setback of gas pumps from the front
property line from the required 18 feet to 7 feet
e. Section 24.3(15) —variance of off-street parking from the required 10 required
for the retail store and 4 required for the gas pumps to 4 total
WORK SESSION
•
1. Presentation by staff of revisions to the Comprehensive Zoning Ordinance and
Official Zoning Map.
Posted Wednesday, October 21, 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.
__ __ . __ _ _ ,
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City ofWylie
November 26, 2001
Regular Business Meeting
AGENDA
Zoning Board of Adjustment
City Council Chambers - Wylie Municipal Complex
2000 Highway 78 North, Wylie, Texas 75098
Monday, November 26, 2001
7:00 p.m.
CALL TO ORDER
CITIZEN PARTICIPATION
CONSENT AGENDA
1. Consider and act upon approval of the Minutes of the October 8, 2001 Meeting.
PUBLIC HEARINGS
1. ZBA No. 2001-07. Hold a public hearing to consider and act upon a request by
Hanif Akuly for the following variances of the City of Wylie Zoning Ordinance in
order to allow continuation of operation of a motor vehicle fueling center at 503 State
Highway 78 at West Kirby Street, and being Tract 5 of the E.C. Davidson Survey,
Abstract No. 267, City of Wylie, Collin County, Texas.
a. Section 18.3(1)(a) — variance of the front yard building setback from the
required 20 feet to 19 feet
b. Section 18.3(1)(b) — variance of the side yard building setback from the
required 10 feet to 3 feet
c. Section 18.3(1)(c) — variance of the rear yard building setback from the
required 20 feet and an alley to 5 feet and no alley
d. Section 25.2(7) — variance of the setback of gas pumps from the front
property line from the required 18 feet to 7 feet
e. Section 24.3(15) —variance of off-street parking from the required 10 required
for the retail store and 4 required for the gas pumps to 4 total
WORK SESSION
•
1. Presentation by staff of revisions to the Comprehensive Zoning Ordinance and
Official Zoning Map.
Posted Wednesday, October 21, 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 Chambers Wylie Municipal Complex
2000 Highway 78 North, Wylie, Texas 75098
October 8, 2001
7:00 p.m.
Notice was posted in time and manner required by law, and a quorum was present.
Board Members Present: Staff Members Present:
Gerald Clark Mary Bradley
Dennis Gibbons Mindy Manson
Marilyn Herrera
Layne LeBaron
Wayne Morman
Board Members Absent:
Weldon Bullock
Jeff McCoy
CALL TO ORDER
Chairman Clark called the meeting to order at 7:20 p.m.
CITIZEN PARTICIPATION
No one was present to speak.
CONSENT AGENDA
1. Consider and act upon approval of the Minutes of the May 7, 2001 Meeting.
A motion was made by Mr. Morman and seconded by Mrs. Herrera to approve the
minutes as written. Motion passed 5 —O.
PUBLIC HEARING
1. ZBA No. 2001-05. Hold a public hearing to consider and act upon a request by
Pulte Homes for a variance to Section 11.4 of the City of Wylie Zoning
Ordinance in order to allow a one-car garage on a single-family residence, this
property being located at 309 Cobblestone Drive, and being Lot 33, Block H of
Phase II of the Lakeside Estates Addition, City of Wylie, Collin County, Texas.
ZBOA
October 8, 2001
Page 2 of 3
Assistant City Manager, Manson stated that this was a single-family residence requesting
a single car garage due to a temporary easement. The Planned Development of Lakeside
Estates Addition has lots with the platted a temporary fifteen-foot wide access easement.
This easement will go away when Lakefield Drive, which is to the north of the subject
property, is completed. The easement cannot be built upon, and is currently paved.
Typically within the Planned Development the side yard setback is five feet, however, on
the south side of the lot there is a five-foot utility easement and then the fifteen-foot
access easement, which prevents at this time, a house with a two-car garage. Board
Member Herrera asked what does a temporary easement entail. Mrs. Manson stated that
a temporary access easement provides a looping route for emergency vehicles until a
permanent right-of-way is constructed. Lakefield Drive is in the process of being
constructed and will replace the access easement.
Mr. Shawn Abbott, representing Pulte Homes, stated that a house with two-car garage
was planned on the subject lot, but after the concrete was laid the house will not fit even
if the access easement went away at a later time. When the easement does go away, the
back yard for the property will enlarge. There are four other lots involved in the access
easement and they are large enough to allow with two-car garages. Board Member
Morman asked why the urgency. Mr. Abbott stated that the timeline for the completion
of the Lakefield Drive is unknown and Pulte Homes has a timeline to complete the
subdivision. Ms. Herrera asked the square footage of the house. Mr. Abbott stated that it
is approximately 1800 to 1900 square feet and meets all City Codes for the setbacks.
Motion was made by Mr. Morman, seconded by Ms. Herrera, to deny the variance based
on a financial hardship and the house could be built with less square footage, and meet
the City Code. The request for a variance was denied. Motion passed 5 —O.
2. ZBA No. 2001-06. Hold a public hearing to consider and act upon a request by
Sandra Davis for a variance to Sections 19.3 and 24.3(28) of the City of Wylie
Zoning Ordinance in order to waive the required front and rear yards and required
off-street parking, this property being located at 121 North Ballard Street, and
being Lot 1 A, Block 1 of the Keller's First Addition, City of Wylie, Collin
County, Texas.
Mrs. Manson reviewed the history of the subject property, stating that this property was
originally the Candle Shop that burned three years ago. The proposed construction
conforms with the proposed revisions to the Zoning Ordinance for the new Downtown
Historic District. The current requirement will change to delete yard requirements in the
Downtown area with the revisions to the Zoning Ordinance are currently under review.
Sandra Davis, 102 W. Brown, Wylie Texas, is the applicant, and owns the subject
property. Ms. Davis stated that she intends to build a retail/office. While waiting on
building permit,the applicant was informed of the Zoning Ordinance requirement in
ZBOA
October 8, 2001
Page 3 of 3
Section 11.3(1)(a) which states a front yard and a rear yard of not less than 20 feet and
one off-street parking space for each 200 square feet of gross floor area for retail uses.
A motion was made by Mr. Morman, seconded by Ms. Hererra, to approve the variance.
Motion passed 5 —O.
ADJOURNMENT
A motion was made by Mr. Morman, seconded by Mr. Gibbons to adjourn. Meeting was
adjourned at 7:48 p.m.
Gerald Clark, Chairman Mary Bradley, Secretary
`City of Wylie
Public Hearing Item No. 1
ZBA No. 2001 -07
Zoning Board of Adjustment Public Hearing: November 26, 2001
Owner/Applicant: Hanif Akuly
Location: 121 North Ballard Street, being Lot 1A, Block 1, of
Keller's First Addition
Request: Variance of Section 18.3 of the Zoning Ordinance for
reduction in the required front, side and rear yard
building setbacks, variance of Section 25.2 of the
Zoning Ordinance for reduction in the required
setback of gas pumps, and variance of Section 24.3
of the Zoning Ordinance for reduction in the required
off-street parking
Background:
1. In 1996, the State Department of Transportation purchased portions of the subject
property, occupied by the Conoco convenience retail store with gas fueling pumps,
for right-of-way for improvements to State Highway 78. This same action
compensated the owner for damages to the property and losses to the business
caused directly or indirectly by the S.H. 78 improvements. This calculation of
damages and compensation was based on the conclusion that "the fuel storage
area had been rendered unusable and that access to the gas pumps had been
substantially impaired and all items associated with gasoline sales" were
compensated. It was further concluded that "the convenience store could not
survive without gasoline sales" so the owner was compensated "100% for the
building improvements and all site improvements". $232,880 was paid to the owner
as compensation for all site improvements and loss of operations. The owner
refused an increased financial offer to purchase the land as well.
ZBOA 2001-07
2. The subject property has never been platted as an official lot of record, and the
building and gas pump islands apparently did not comply with current development
codes when purchased by the State for S.H. 78 improvements.
3. The applicant now wishes to reopen the abandoned facilities in order to continue
operations of the convenience store and gas pumps. The requested variances are
required in order to comply with development codes and obtain a certificate of
occupancy.
4. When the subject property was financially damaged out, it was zoned Business — 1
(B-1) District. On November 13, 2001, the City Council adopted a revised Zoning
Ordinance and Official Zoning Map, rezoning the property to the new Commercial
Corridor (CC) District from the previous B-1 District. The subject request for
variances was submitted and accepted for review while the B-1 zoning classification
and requirements were in force.
5. Section 18.3(1)(a) of the previous Zoning Ordinance requires a front yard of not
less than 20 feet in the B-1 District. The building is currently setback 19 feet from
the front (S.H. 78) property line.
6. Section 18.3(1)(b) of the previous Zoning Ordinance requires a side yard of not less
than 10 feet in the B-1 District. The building is currently setback 5 feet from the
south (Kirby Street) property line and 3 feet from the north (adjacent to Subway)
property line.
7. Section 18.3(1)(c) of the previous Zoning Ordinance requires that a dedicated alley
be provided to the rear of each lot as well as a rear yard setback of not less than 20
feet in the B-1 District. The building is currently setback 5 feet from the rear
property line and no alley is provided.
8. Section 25.2(7) of the Zoning Ordinance requires that gas pumps be set back 18
feet from the front property line within all districts. The gas pumps are currently 7
feet from the front (S.H. 78) property line.
9. Section 24.3(28) of the Zoning Ordinance requires one off-street parking space for
each 200 square feet of gross floor area for retail uses (or 10 spaces for the 2,000
square feet convenience store) and 4 parking spaces for gasoline stations within all
districts. The site will support no more than 6 parking spaces, and these with
inadequate access and maneuvering lanes or customers as well as service and
supply trucks. On-site circulation and parking will be located over fule tank
openings.
ZBOA 2001-07
10.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 thirteen (13) property owners within 200 feet
of this request. One Comment Form has been returned, expressing OPPOSITION
to the proposal.
2. When negotiating for portions of the property for S.H. 78 improvements, the State
compensated the owner/applicant for all physical improvements on the property and
for the value of the operations which those improvements once supported. It was
the intent of this action that the physical improvements such as building and
gasoline tanks and islands be removed to allow the property to be redeveloped in a
manner which complied with current codes.
ZBOA 2001-07
3. The subject property has apparently always been too small to accommodate the
convenience store and gas pumps of the size which once operated on the site, as
well as their required access and parking, and the loss of a portion of the property
for the improvements to S.H. 78 have exacerbated this limitation to the point which
no longer supports operations of such scale. Even if sufficient parking spaces can
be provided, limited access/egress and on-site circulation will hinder the success of
retail uses on the small independent site.
4. The requested variances are not consistent with the existing setbacks and parking
arrangements of neighboring properties along S.H. 78. The subject property can
best be developed in coordination with adjoining properties which allow a larger,
unified development concept.
Financial Considerations:
Application fee - Paid
Attachments:
Location Map
Variance Request Application
Appraisal Of Value In Support Of Compensation for Acquisition of Property for S.H. 78
Site Plan Illustrating Previous and Current Limits of Site with On-site Dimensions
Applicant's Site Plan Illustrating proposed Parking
Notification List and Map with Response Forms
foot-D7
APPLICATION - REQUEST FOR VARIANCE OR APPEAL
ZONING BOARD OF ADJUSTMENT
CITY OF WYLIE
DATE: !C J 1
I, the undersigned owner or authorized agent of the following described real property located in the City of Wylie,Texas,
hereby make application for a request for a variance from the terms of section of
the City of Wylie Zoning Ordinance.
LOCATION OF PROPERTY
Street Address: 15 ? 5 " �� 1 ��F�t� -18 ���`Z 1'' �� , CO�fi
Q�sf nn//__�J l 5 Subdivision/Abstract .G. PG1t// �JS ✓
Legal Description: Lot/Tract "�( ,Block ,of Subdi is //
0.2 405-a-c---
REQUEST: (If there is additional information which you feel would be helpful to the Board in making a decision,be sure to
include this information in your request. If additional space is required to explain your request,please attach the explanation
to this application.)
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lvd-i14,1,6.3 0 b) 3 i ae.. t tv-c1 -tv. 4 ' 110.14/t. o't✓ivti�•e. 1.4 "
cc; ! .SCl)1 e) R,ezt,,r YAArd 4 4' is/it.a a.CIZ -rvh.. r+e,e1 /
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tvin, �(,�,L15)41Ibv t.c..t,+!1 jirlA i i i ►.(4fAr-c q 22 .-/a)t6pk . 1 ii q1, 4.v ye,fit 1(0�/ice
4( 4rd.a W/� A 'e 1zucullvapte c,v ►-i s
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A non-refundable application fee of$100 is required at the time of application.
For a variance to be granted by the Board of Adjustment,the Board must determine that all of the following conditions apply:
(a) That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not
applicable to other lands,structures,or buildings in the same district.
(b) That literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other
properties in the same district under the terms of this ordinance.
(c) That the special conditions and circumstances do not result from the actions of the applicant.
(d) That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other
lands,structures,or buildings in the same district.
(e) No nonconforming use of neighboring lands,structures,or buildings in other districts shall be considered ground for the issuance of a
variance.
(f) Financial hardship shall not be considered grounds for the issuance of a variance.
I have read this application packet and understand that filing the application and paying the fee does not guarantee an
affirmative action by the Board of Adjustment. I further understand that at least four(4)affirmative votes must be cast
in order to receive a variance.
v
,signature o plicant rint Name
13 7 , u.;-►1 t3 ? L- Lici)vk)^4 x��LL 17� � ZLfi� . fig. `Z33 )
Mailing Address Telephone(Home) Telephone(Day Number)
Staff Member's Signature Date Receipt Number
I
DHT Form D-15-10, Page 2 of 2
(Rev. 6-85) (DO NOT COMPLETE THIS SIDE ON CITY/COUNTY (' Ey)
DISTRICT RECAPITULATION AND COMMENT SHEET
RECOMMENDED
APPRAISER'S NAME Wall VALUE
VALUE OF WHOLE PROPERTY $232,880 • $232,880
AREA OF PARCEL 2358 •
VALUE FOR PARCEL (3.75) - .. (3.75)
Land: Per SF 8,843 8,843
Easement
•
Improvements 14,838 14,838
Net Damages or (Enhancements) 176,724 176,724
Sign Value(s)
TOTAL COMPENSATION $200,405 $200,405
COMMENTS AND CONCLUSIONS ON VALUES AND VARIATIONS WITHIN THE APPRAISAL REPORTS
The subject parcel is a convenience store/gas station located at the intersection of SH 78 and Kirby Street in Wylie. Mr. Wall was 1
provided the amount of proposed acquisition of this parcel located in Kirby Street right of way; however, he estimated the amount
of the remainder located in the public street right of way. There was a limited number of sales comparables located within the City
of Wylie, especially along SH 78. Mr.Wall located those that he thought comparable and made large adjustments. The subject site
is zoned for commercial/retail use although it is small for such development.
Due to one fuel tank being the acquisition area, Mr. Wall found the fuel tank storage area to be rendered unu le. Relocation was
not feasible due to lack of space. In addition, the interior site access to the gasoline pumps will e substantially impaired as a result
of the proposed ROW. Mr. Wall damaged out all items as ciated with gasoline sales due to imDalre usabilsy after the take. Since
he was of the opinion that the convenience store could not survive without gasoline sales, he also depreciated_100% the building
im.r.v-..e .n. .11 it- im.r.v-m- s.
Mr. Wall's value of compensation is recommended.
I
JUSTIFLCAIION AND EXPLANATION FOR CREDIT IF RETAINED
The salvage value for all items is the retention value.
I
I
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FOR D-16 USE ONLY
Reviewing Apo,.i.er ApProv al ■■
District Reviewing Appraiser's Statement Value on Page I of the forme my epoeon of wive ler the prod and wo reacted rde0a" °
ntly
The recommended value on this form ie my opinion of value for the parcel and was reached based on appraisals rd other fr-tuel data incitstriev the Datrict1revtewds er ocher\a^1Ys4
independently based on.ppr.iasla and other(actual dot.without collaboration or direction. An and recommendation and on the prard knowledge end without collaboration or direction. I have
on the ground inepectien of the parcel wee mode and comparables in the re•were inspected. 1 no direct or indirect present or contemplated Ivore personal interest in.urdt proewtY or^r'Y
have no direct or indirect present a contemplated luturc personal interest in such property or in benefit from the aoVtieition of the prod. It i•my utderst.r rtg that the parcel in to be road^
ony benefit from the acquisition of the parcel. To the beet of my knowledge,the value does not connection with a Fedo l-Aid Right of Wei Highevay Ptoieet To the brat of my knowledge.
include any iteme which ere convenable under the State law but we not eligible for Federal value does not include any items wilt are comparable under the Stole taw but we rot efbrbit
reimbursement. for Federal reenbtrsanatt.
7
-----)-20.----- --,/-Ze_ r_____ .
District Reviewing Appraiser Date D-15 Re ng Appraiser Dote
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LOCATION MAP
ZONING BOARD CASE #2001 -07
NOTIFICATION REPORT
APPLICANT: Hanif Akuly APPLICATION FILE # ZBA 2001-07
13447 N.Central Expwy Dallas,Tx. 75243
# BLK/ABST LOT/TRACT TAX I.D. # 7 PROPERTY OWNER NAME ADDRESS I
Applicant 13447 N.Central Expwy
1 Hanif Akuly Dallas,Texas 75243
114 W. 11 th Street
2 Abst. 267 Tract 34 R-6267-000-0340-1 Kansas City Southern Railway Co. Kansas City, MO 64105-1829
1131 Silverwood Drive#192
3 Abst. 267 Tract 5 R-6267-000-0050-1 Khalid &Hanif Corp etal Arlington,Texas 76006-7064
108 Sycamore Street#1
4 Abst 820 Tract 24 R-6820-000-0240-1 McDaniel Enterprises,Ltd. Mineola,Texas 75773-2065
108 Sycamore Street#1
5 Abst 820 Tract 25 R-6820-000-0250-1 McDaniel Enterprises, Ltd. Mineola,Texas 75773-2065
Martinez #3 907 E.Stone Road
6 Bik A Lot 6 R-4620-00A-0060-1 Charles Harrison Wylie,Texas 75098
Martinez#2 rr-- 2121 Quail Run Road
7 Blk A Lot 2 &3B R-2570-00A-0020-1a ' Henry Martinez Wylie,Texas 75098
Martinez#2 Improvements P.O. Box 220
8 Bik A Lot 2 R-2570-00A-0021-1 1 McCraw Oil Company Bonham,Texas 75418
Martinez #2 205 El Paso Street
9 Blk A Lot 3A R-2570-00A-0030-1 Mark Kerr Denton,Texas 76205
Holiday Terrace P.O. Box 54
10 Blk 1 Lot 1 R-1163-001-0010-1 Geneva Schultz Wylie,Texas 75098
Holiday Terrace 802 Mardi Gras
11 Blk 1 Lot 2 R-1163-001-0020-1 Pete Hernandez Wylie, Texas 75098
Moussa Switzer 1601 N.Central Expwy.
12 --- Lot 1 R-2384-000-0010-1 Switzer Family Limited Partner Plano,Texas 75086
Texas Dept. of Transportation P.O. Box 90
13 --- S.H. 78 Bill Lovil, P.E. McKinney,Texas 75069
14
15
16
17
PUBLIC COMMENT FORM
(Please type or use black ink)
Planning Department
2000 Highway 78 North
Wylie,Texas 75098
xI am FOR the requested variance as explained on the attached public notice for ZBA Case
#2001-07.
I am AGAINST the requested variance as explained on the attached public notice for ZBA
Case#2001-07.
Date, Location&Time of
Zoning Board of Adjustment meeting: Monday,November 26,2001, 7:00 pm
Municipal Complex,2000 Highway 78 North, Wylie,Texas
Name: M . HAi\iiF AV( elf k C Ent I AKT
(please print)
Address: S S . tAj f 7
TX 7 5-09g
Signature: / // C-1..03t
Date: t / •) 6 (')
COMMENTS: ((( [c
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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
#2001-07.
I am AGAINST the requested variance as explained on the attached public notice for ZBA
7
Case#2001-07.
•
Date, Location&Time of
Zoning Board of Adjustment meeting: Monday,November 26,2001, 7:00 pm
Municipal Complex,2000 Highway 78 North, Wylie,Texas
Name: KfVtri S nut li
(please print) 141
I Tax
Address: 6 1 1 Sou,l 1' 141. 7G 0 A L(l. "
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