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09-23-2002 (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, September 23, 2002 7:00 p.m. CALL TO ORDER CITIZEN PARTICIPATION CONSENT AGENDA 1. Consider and act upon approval of the Minutes of the August 26, 2002 Meeting. PUBLIC HEARINGS 1. Hold a public hearing to consider and act upon a request by Larry DeBerry for a variance to Section 3.3.B of the Zoning Ordinance in order to reduce the rear yard from the required twenty-five feet to fifteen feet, this property being located 405-A North Jackson Street, being Lot 8 of the LGD Townhomes Addition. (ZBOA Case No. 2002-16) GAlY;Auji Posted Friday, September 20, 2002 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 TOD AT 442-8170. _ _ „_. _ _ Zoning of Ad • ustments , . , , , , . , . a , t lb i , , . , , C I il i t , N t1 of-Wylie�. a September 23 , 2002 p. Regular Business Meeting AGENDA Zoning Board of Adjustment City Council Chambers - Wylie Municipal Complex 2000 Highway 78 North Wylie, Texas 75098 Monday, September 23, 2002 7:00 p.m. CALL TO ORDER CITIZEN PARTICIPATION CONSENT AGENDA 1. Consider and act upon approval of the Minutes of the August 26, 2002 Meeting. PUBLIC HEARINGS 1. Hold a public hearing to consider and act upon a request by Larry DeBerry for a variance to Section 3.3.B of the Zoning Ordinance in order to reduce the rear yard from the required twenty-five feet to fifteen feet, this property being located 405-A North Jackson Street, being Lot 8 of the LGD Townhomes Addition. (ZBOA Case No. 2002-16) GAlY;Auji Posted Friday, September 20, 2002 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 TOD AT 442-8170. a CIty of Wylie Public Hearing Item No. 1 ZBOA No. 2002-16 Zoning Board of Adjustment Public Hearing: September 23, 2002 Owner/Applicant: Larry DeBerry Location: 405-A North Jackson Street, Lot 8 of the LGD Townhomes Addition Request: Variance of Section 3.3.B of the Zoning Ordinance to reduce the rear yard from the required 25 feet to 15 feet Background: The subject property was rezoned from Single Family-2 (SF-2) District to Townhouse (TH) District in September of 2001. The plat creating the LGD Townhomes Addition was approved and filed in April of 2002. This rezoning and replatting consolidated several lots which were vacant or occupied by deteriorated single-family detached dwellings, into eleven lots for duplex development. The current Zoning Ordinance considers all attached single-family residential building types (duplexes and townhouses) together within the Townhouse District, and requires that each dwelling be situated on an individual platted lot. Due to the originally platted configuration of the subject property, bounded by the railroad corridor on the west and Jackson Street on the east, the replatting created new lots with unusual sizes and shapes. The subject Lot 8 is an "L" shape, sufficiently wide at the building lines but very narrow at the rear. The applicant is requesting a reduction in the rear yard from the required twenty-five (25) feet to fifteen (15) feet, a variance of ten (10) feet or forty (40) percent in order to accommodate the unusual lot configuration. The subject lot and rear yard abuts the railroad corridor, and will not be developed for other uses. ZBOA 2002-16 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 eighteen (18) properties within 200 feet of this request. No Comment Forms had been returned at the time of this posting. 2. The odd size and configuration of the earlier larger tract, the replatting of which created the new subject and adjoining lots, dictated that one or more of the new lots would have an unusual size and shape, and thus the hardship supporting the variance request. The replatting appropriately placed the larger lots further to the south adjacent to existing larger single-family detached dwellings and the smaller lots further to the north adjacent to older single-family lots of comparable size. ZBOA 2002-16 3. The remaining rear yard will be approximately 15 1/2 feet deep and 30 feet wide immediately adjacent the dwelling, providing a yard space of approximately 465 square feet. However, the remaining yard will also include a strip measuring 10 feet by 190 feet, which although an unusual shape, could be utilized for gardening or play. 4. The subject lot and proposed duplex construction complies with all other requirements of the Townhouse District with the exception of the requested rear yard variance. Financial Considerations: Application fee - Paid Attachments: Location Map Site Plan Notification List and Map / Subject Property i 28 3, 3B • 2C . 2D 3 3C • I • 2D 2E 2A I 2A 1 2< <v 2H 2 3 2G •• I 5 lA alikk6_.1 o r < A is L 72B 72C 74 9 334 19A or o 10 198 0 70A ^ 73B 73C . 75 398 11 32A 325 18 D lest 3rown Stre ; t a) 18 69A 60A 600 j 159A 598 38A 31 17 Q 10A - 5,A I/9 68A 61A 61C 58C ________ .1 588 58D 388 30 t6 67 628 62A 57 29 8 37B' 15 66A 638 63A • 56 74 23 14 7i 65A 648 64A 55 '3 37C ' 3313 Jefferson 47 488 48A 54A i/ 26 12_ 1'D 3611 1.6 498 49A 548 ' 25A 10 96 25B 9 —0 93 15 508 50A 53A ' 24 8 8E 358 7 8p LOCATION MAP ZBA CASE #2002-16 i t11 \- - • I \ - Co ____ CD () _ -6\ 6 i 15/-7, 1/30 .-A 100 . 2 JI. < 1) - ! '0 1159. 71 (JI 1 • ro r --) 1 _ 0 o - E co ' _ o Li) cy '01 0 VE35 . 17',I,‘ • ' I ' \O• / 110 '- 6" i { / ui 0 0 cu. 0 U) 0 Jo 1S0 . 67' ! I . . _ . . , ______.......... . . . NOTIFICATION REPORT APPLICANT: Laurence De Berry APPLICATION FILE ZBA#2002-16 8277 P.R. 5397 Nevada, Texas 75173 # BLK/ABST LOT/TRACT TAX I.D. # PROPERTY OWNER NAME ADDRESS Applicant 8277 P.R. 5397 1 Laurence De Berry Nevada, Texas 75173 Brown & Burns 102 W. Brown Street 2 BIk 4 Lot 32A R-1156-004-032A-1 Jay Davis Wylie, Texas 75098 102 W. Brown Street 3 Blk 4 Lot 32B R-1 156-004-032E-1 Jay Davis Wylie, Texas 75098 102 W. Brown Street 4 Blk 4 Lot 33A R-1156-004-032A-1 Jay Davis Wylie, Texas 75098 102 W. Brown Street 5 Blk 4 Lot 33B R-1156-004-032B-1 Jay Davis Wylie, Texas 75098 8277 P.R. 5397 6 BIk 8 Lot 39A R-1156-008-039A-1 Laurence De Berry Nevada, Texas 75173 200 W. Brown Street 7 BIk 8 Lot 39B R-1156-008-039E-1 Jesus Alfaro Wylie, Texas 75098 8277 P.R. 5397 8 BIk 8 Lot 39D R-1156-008-039D-1 Laurence De Berry Nevada, Texas 75173 300 W. Brown Street 9 BIk 12 Lot 74 R-1156-012-0740-1 Melvin Ashenden Wylie, Texas 75098 300 W. Brown Street 10 BIk 12 Lot 75 R-1156-012-0740-1 Melvin Ashenden Wylie, Texas 75098 Russell Addn 11548 Country Club Road 11 BIk 2 Lot 1 B R-1173-002-001 B-1 Albert Thompson Princeton, Texas 75407-4628 Russell Addn P.O. Box 921 12 BIk 2 1 C R-1173-002-001 C-1 Lummie Wolfe Wylie, Texas 75098 Russell Addn 1111 Wheelis Road 13 BIk 2 2B R-1173-002-002E-1 Otis Ferguson Wylie, Texas 75098 Russell Addn 1111 Wheelis Road 14 BIk 2 2C R-1173-002-002C-1 Otis Ferguson Wylie, Texas 75098 Russell Addn 419 Jackson Avenue 15 Blk 2 2F R-1173-002-002F-1 Donald Drain Wylie, Texas 75098 Russell Addn 401 N. Ballard Avenue 16 BIk 3 1 R-1173-003-0010-1 Rita Smith Wylie, Texas 75098 Russell Addn 401 N. Ballard Avenue 17 BIk 3 2A R-1173-003-002A-1 Rita Smith Wylie, Texas 75098 114 W. 11 th Street 18 KCS Railroad KCS Railway Company Kansas City, MO 64105-1829 19 20 21 <<-, 2E 0 2B a l 3 © 2C I 4 1C • L' - •.. . .... .._. . . ,. ..„.:,„.... .• .... .., / 1.I. . 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