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01-27-2003 (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 27, 2003 7:00 p.m. CALL TO ORDER CITIZEN PARTICIPATION CONSENT AGENDA 1. Consider and act upon approval of the Minutes of the December 16, 2002 Meeting. PUBLIC HEARINGS 1. Hold a public hearing to consider and act upon a request by Calvin Frederick for a variance to Section 3.3.A of the Zoning Ordinance in order to reduce the front yard from the required twenty-five (25) feet to six (6) feet, this property being located at 504 South Jackson Street and being Lot 3 of Block 7 in the Keller's First Addition. (ZBOA Case No. 2002-21) gotp.emsLi\wmx....., Posted Friday, January 27, 2003 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. Zoning Board of Adjustments i" City of Wylie January27, 2003 Regular Business Meeting AGENDA Zoning Board of Adjustment City Council Chambers - Wylie Municipal Complex 2000 Highway 78 North Wylie, Texas 75098 Monday, January 27, 2003 7:00 p.m. CALL TO ORDER CITIZEN PARTICIPATION CONSENT AGENDA 1. Consider and act upon approval of the Minutes of the December 16, 2002 Meeting. PUBLIC HEARINGS 1. Hold a public hearing to consider and act upon a request by Calvin Frederick for a variance to Section 3.3.A of the Zoning Ordinance in order to reduce the front yard from the required twenty-five (25) feet to six (6) feet, this property being located at 504 South Jackson Street and being Lot 3 of Block 7 in the Keller's First Addition. (ZBOA Case No. 2002-21) gotp.emsLi\wmx....., Posted Friday, January 27, 2003 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 December 16, 2002 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 Eric Alexander Mary Bradley Weldon Bullock 0 Cji Teary Capehart Gerald Clark Dale Jackson Dennis Gibbons Marilyn Herrera Layne LeBaron Board Members Absent: Staff Members Absent Wayne Morman Claude Thompson CALL TO ORDER Chairman Clark called the meeting to order at 7:30 p.m. CITIZEN PARTICIPATION No one was present to speak. CONSENT AGENDA 1. Consider and act upon approval of the Minutes of the October 28, 2002 Meeting. Motion was made by Mr. LeBaron, and seconded by Mr. Gibbons, to approve the minutes as submitted. Motion passed 5—0. ZBOA Commission Meeting December 16, 2002 Page 2 of 4 PUBLIC HEARINGS 1. Hold a public hearing to consider and act upon a request by Scott Silvis of Fox and Jacobs Homes for a variance to Section 8.A.2 of the Sign Ordinance in order to permit a multi-sign program, including four (4) off premises development signs for the Birmingham Farms residential additions, these signs to be located on Country Club Drive FAA. 1378) and West Brown Street (F.M. 3412). (ZBOA Case No. 2002-20). Capehart stated that several residential subdivisions of the larger Birmingham Farms properties and planning concept were Final Platted and construction initiated in June of 2001 as Birmingham Farms Phases 2 and 3 and the Meadows of Birmingham. Each of these subdivisions is located some distance from the perimeter major thoroughfares of Country Club Drive and West Brown Street. At least three different house builders are constructing within these subdivisions. The applicant desires to erect four development signs along Country Club and Brown which will attract attention to and direct traffic into all three of the Birmingham residential subdivisions and in order to promote the three different house builders. These signs are intended by the applicant to serve as the prototype for an amendment to the Sign Regulations to allow a City-wide system of off-premises signs which collectively promote new residential subdivisions and other points of destination within Wylie. The appliant has expressed intent to propose to the Council an amendment to the Sign regulations, which will allow a system of off-premises signs for developing subdivisions. The proposed program might include larger way-finder kiosk signs at several entries to the City, which list the names of new subdivisions and other points of destination within Wylie. The applicant is supported in this proposal by the Homebuilders Association of Greater Dallas, which has researched such cooperative sign programs. The current applicant of the subject variance request desires a sign sooner than such a City-wide program amendment can be adopted by the Council, and envisions the current request as providing a prototype by which to evaluate the proposed City-wide system. ZBOA Commission Meeting December 16, 2002 Page 3 of The subject signs will present no visibility obstructions to traffic on Country Club or Brown. The signs will comply with all other requirements ents f the Sign Regulations ns with the exception that they are located off of the premises of the subdivision, which they promote. The applicant contends that a sign conforming to the current Sign Regulations, located on land within the Birmingham Farms 2 subdivision approximately 800 feet from Brown Street, is difficult to see by traffic along Brown. Regardless of its location, development signs including those of the subject request are permitted only temporarily, as the Sign Regulations limits the duration of such sign until the project is 90 percent completed. Dale Jackson, Building Official for City of Wylie, reviewed the conditions for the variance stating that there is not an ordinance for the type of sign that is proposed. Jackson stated that the request is for a City-wide program where large signs would be allowed at certain locations rather than certain restrictions for builders to place directional signs in the subdivision. When the builders presented the proposed large sign, the recommendation was to do a test case by putting the signs up in just a couple of locations and if approved by the Board Members, Commission, and City Council, then put up the large signs all over the City of Wylie. Scott Silvis, Fox and Jacobs Homes, 9229 LBJ Freeway, Suite 100, Dallas, Texas, represented as one of the builders for the sign, stated that the proposed sign would be located at 4 different locations between Brown Street and F. M. 1378 (Country Club Road). Home Builders Association of Greater Dallas, a non- profit organization, will maintain the signs. Paul Cauduro, 5816, W. Piano Parkway, Plano, Texas, representative for Home Builders Association of Greater Dallas, stated that these large signs are in place in Frisco, Texas as a Coordinated Integrated Program. The purpose of these signs is to do away with the small directional signs. The time, place and manner for the sites is approved by City Council in Frisco and would recommend that the same apply to City of Wylie. There was discussion with the applicants and the board members on the location of the proposed signs and size of the signs. Cauduro stated that these signs is a way finding system and the Home Builders Association of Greater Dallas as the third party administrator and would deal with the City and the builders for the locations. ZBOA Commission Meeting December 16, 2002 Page 4 of David Landry, Centex Homes, 3315 ►bingdon Drive, Richardson, Texas, recommended mended that the variance of the signs be located at least 1,000 feet away from another sign. Silvis stated that the reason for the request of four signs is there is four entrances to the developments, two off Brown and two off FM 1378, but these are different builders at each entrance. JJ Fleeger, Fox and Jacobs Homes, 9229 LBJ Freeway, Dallas, Texas, expressed concerns from the homeowners of visitors unable to locate the subdivision. The large signs would be a way finder for not only potential home buyers but visitors of homeowners as well, at least until the development is fully constructed. Mr. Clark closed the Public Hearing and opened up discussion between the board members bers regarding a temporary variance and how many signs to allow. Ms. Herrera questioned if another variance would be requested for the setbacks and size of the sign. Jackson stated that nothing has been submitted as to the exact locations of the signs, so the setback is undetermined. Sivas stated that a submittal will include the exact locations and that the signs will comply with the setbacks and square footage stated in the Sign Regulation. A motion was made to grant the variance for all four signs with a sic-month duration in which the applicant is to work with staff and request from the Council a waiver exemption from the Sign Regulations for off premises signs. Motion failed with a 3 -- 3 vote. Mrs. Herrera arrived during the presentation. A motion was made by Mr. Gibbons, and seconded by Mrs. Herrera, to grant the variance for two signs one on FM 1378, and one for Brown. This is with a stipulation that the applicants present to Council and receive approval within six months from the date of this hearing for a panel sign. Motion passed 5 -- 1, Mr. LeBaron opposing. ADJOURNMENT Motion was made by Mr. Bullock, and seconded by Mr. Alexander, to adjourn the meeting at 8:52 p.m. Motion passed 6 — O. Gerald Clark, Chairman Mary Bradley, Secret L.Li____ ___I ' .. .:_ r/vey1 is . f . . . : . C1tvof4/yIie- Public Hearing Item No. I ZBOA 2002-21 No. Zoning Board of Adjustment Public Hearing: January 27, 2003 Owner/Applicant: Calvin Frederick Location: South Jackson Street, being Lot 3, Block 7 of the K ll is First Addition Request: Variance of Section 3.3.A of the Zoning Ordinance to decrease the required front yard from 25 feet to feet Background: The subject property was created by the platting of the Keller's First Addition, one of the oldest residential subdivisions within Wylie. The residence was constructed with single-car garage, as allowed by the Zoning Ordinance in force at the time of platting. A front yard of twenty-five (25) feet was required, although the existing residence and garage were constructed thirty feet from the front property line. The required side yards at the time was ' 10% of the lot width", or six and one-half (6.5) feet, but the residence and garage are constructed a nonconforming six and one tenth .1 feet from the side property line. The property is currently zoned Single Family 8.5 (SF-8.5) District, which also requires a front yard of 25 feet but a side yard of 7 feet. The SF-8.5 District requires two enclosed parking spaces (2-car garage) behind the front building line. The applicant wishes to convert the garage into a "hobby shop", and to construct a single-car carport to the front of the garage. The new carport will be six 6 feet from the front property line, a variance of 19 feet or 75 percent from the required 25 feet front yard. However, the right-of-way of Jackson Street is 70 feet wide rather that the normally-required 50 feet, and the carport will be located 24 feet from the curb or approximately 14 feet from what would be a normal right-of-way (a variance of 25%). ZBOA 2002-21 Off-street parking is variously handled within this older neighbor. The residences abutting the subject on both sides as well as those across Jackson Street have no garage or carport. A carport has been added in front of the single-car garage of the residence directly across Jackson from the property. Other residences along this two- block length of Jackson have attached and detached garages as well as at least other carports. There will be 24 feet between the proposed carport and Jackson Street, sufficient to accommodate a parked vehicle off-street in addition to the vehicle under the carport. Jackson Street has already been improved with new concrete paving and curbs and gutters along this block, and the extra right-of-way may be used by adjacent property owners for open space. However, should this additional public right-of-way be required for future street or utility improvements, the carport would be 6 feet from the right-of- way and 13 from the curb and paving and insufficient for an additional vehicle to park. 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. ZBOA 2- 1 Considerations: 1. Public Comment Forms were mailed as required by State Law to owners of twenty- one (21) properties within 200 feet of this request. At the time of this posting, one Comment Form in favor of the variance was received. 2. The property may be legally developed to the dimensional regulations in force when the property was initially platted. The proposal conforms to all previously adopted as well as current lot and setback requirements with the exception of the front yard setback. The requested variance is 19 feet or 75 percent of the required 25 feet setback from the property line, but only 14 feet or 25 percent from the property line of a normal right-of-way. 3. The Zoning Ordinance in force when the residence was platted and constructed does not require that off-street parking be covered or enclosed. The current Ordinance requires two enclosed parking spaces behind the front building line. Because the proposed addition is less than 50 percent of the original size of the residence, the previous regulations apply. 4. The proposal is consistent with the treatment of off-street parking within the vicinity. An existing carport, attached to a garage exists across the street from the subject property and others exist within two blocks. Financial Considerations: Application fee - Paid Attachments: Location Map Site Plan illustrating requested yard setback Site Photographs Applicant's letter explaining the requested variance Notification List and Map Li I I Itigt I- 1_ , I _Lil.. l n reei 1 Lsmimim04171 I J i Flernin9 S ree _It e .._.., .._.. r.„.......,... , . ., g .. ._[.._.._; . .5 6 . 1". ' ' /• / - OM (i) M 1. / Am 0 AIM. 0 -1 . r, 1 , • ' _ , r,, . ., / ., i , „. .... c....., (,) . i_ . . I___ /17.,- • .„. Aili L_ _. . mum ,.., Lit ourt ." . NEE.< ) 15 1 , - Subject • , • • . i 4. 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BERD il HOUSE 1 65.4' (ACTUAL) H.-- 2.2' 1 .' ) EAST . . 1 I.R. sirjLL --" x_-- -- - . -_ -5- LIEGE -st: 1----------c)P.P.------ 65 . 5 7 -- -- --. c.,v,„.A.0 ,,i):,-, 65.5' 20' (UNIMPROVED) ZBOA Case No. 2002-21 504 S. Jackson -- ,•• {•..,L.. , ..-•-' +y+ ;{yi , .,-. ,y..,,,i.,i,. ,:. ,L , .-__.6- *11.E I,+ ,-,,,,/. .r,,.2—..-..-...4-_-.,., r '..,.l•• _+ ' _'1{ ''.',5 +,, ,��i is,{ ., - R 1Y' F .:•,.V... ;-.i•i, -,.•_:.-_, --, --. • :, -,,•... .L-._._,... • L y r.i !i 0'� i t ..1 -J. +Jf - - l ,'-•'� •i/' . , J iY • ,.. ... � , t-+ f Wit- k\ 1F ,r .V'` ,. ,, .::,......,k‘....,:.'.2,:-,:▪=4.,'.1.,,,,I ::--- ....1.c.../.;4::-..-..•:.-''. . -- -----,-,,._ , 1 i i',-----7--,,—,,▪--.417-. 'Fi . .-.------,L,,,..:,,I,i,„4:,,,,..,,,...i.-.1.._,....rrv-7,,-...L.• •_ ._. ..,- - ' •L_'...;•-':'.-.'.. - . '4\i .' - ..:. •.. :I'kr:-. 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S.*T&: - .. i of subject property showing existing one car garage and 48 feet long driveway. .I. .., . r.- .---- '!--.'-'- r-------'r.':AT-. .---7,-...-":-77-.F;,=-7-- .- •.7— -41'.T.-.1 -...„___.. '..,-..7:-..7. 7.1Ti-,: 77,.1 1 I / i vii. -7--4-...' 4-1.,, -• fi,..:..._,-.'•,....,,-,;,:-•;.,.........,,,,....-_,-,7),-._ .... •17.-:..........----,..1......_..".: ,,---;} i , ,, + r n wC-", r• r'..-'-• �' -t .�-'`� #+CIF - ST' '`t '.� }. • I �� + fi +w f ▪ i • + * , . •F , l AP!: - ;- ' . ...i,._..-„.... .....---_,--L--_-____,-z7.,__ .,_ _-,-- - `#'--;-.. .--t6,4.4,ti t' µme.r+-f ii, # d.----' ,; .... * + ,y • • i ....:-..A. ta ,' I F,�a4 y 1 • + `�' J F+`' .Y.h .•;0...- . ,P. ,.,, . i. it _. .. ! --...---- IV.7-_-- -ti.il•. . 411 • - --1.7, A View of existing carport across the street from subject property at 503 S. Jackson Street. (There are four other existing carports on this street) - ' ' 'll „ -- . , . . . „.. _ _ _ 1� . " .e I 1�Pac�� Pr I s , rE � mD e raa.r QR,r � e -lam li v EL a � k holth_y_5.. .._p_LI) re ' Ccen s en -2i- ' lF____ _ --in-7 __ Lt,,a:_E__ .c/ n__ if_&S__O_L__, i,it -E) - lip I Ibad _Gc� 0Tr1/�"�' - 1! �J +-CE J I ✓I `r'�1 �1_Q�! C�' C�uE1-� ------- th----- _��pr�se�1 - r ucK_ r s ParKeo�_ i Yl 7-�2 �ICs'�ra_s_e_ _`� hu ±dl a I��' 44_-�'oa L_ ____L5A.ee. ).____Q.as_ r - e.c., r c_x loa____: .: -1- Hrt__,Le ir)0,±_____4-_ite___ e_ciL 0 r ,4- p_u -i-- ___ _ _ „ . , :i p_a_5_a_ciaci_r_ Lacte_,/ 6_,n_lh_a_toara_6, ___ __ LLotzad. b _ i_1i51A lce +eel ar ('ra.s t +)-/ C_',0 (� 4- _. ._- 11 E'��_�� 41iQ± L . ta u Iob L� Cram-�� - "'PYI r^, �r -�u c n Lh___ea_ji k .,i �l ___.________________. _ Hi + -J.-h 6 La 0 4- 0 -P. --tic- 5...e : o _ , _ __labia__ -) ' b 61 - ''� e _� ei4L?iJa4u± ck �_ _ 0! nle r' Conc� � -�r' n 512y1« l,d w �____ ___ 1 1 i -------77 , - - __.___,.,jici_tzL5:_e__eii.e__i_._u_r Lo---)esa_ __ _____Ob Id . , , Hi _____ _ii :-;.- AllW/ e AV -----4 --------------/s a-7 I--(:2-6-:=a;a---------' ni t li III ill ill NOTIFICATION REPORT APPLICANT: _Calvin S. Frederick APPLICATION FILE ZM#2002721 504 8. Jackson Ave. Wylie, Tx. 75098 PROPERTY OWNERNAME ADDRESS ' ��� � � LOT/TRACT �� I.D. Applicant 504 S. Jackson Avenue 1 Calvin 8. Frederick Wylie, Texas 75098 Kellers 1st Addn. P.O. Box 4 0 2 BEE Lot 4 R-1166- 06-00 0-1 _ John ea•er _ Wylie, Texas 7 098 Fellers 1st Addn. P.O. Box 1300 Blk 6 Lot 5 R-1166-006-0050-1 Texas Land Inc. Wylie, Texas 75098 fellers 1st Addn. P.O. Box 97 4 Blk 7 Lot 1 R-1166-007- 1 -1 _ First Assembly ly f God Wylie, Texas 75098 Kellers 1st Addn. P.O. Box 97 5 BIk 7 Lot 2 -1166-007- 20-1 First Assembly of God Wylie, Texas 7 098 ----- -_- Kellers 1st Addn. 0 6 BIk 7 Lot 3 R-1166-0 7-0 0-1 Calvin Frederick - - - Fellers 1st Addn. 506 S. Jackson Ave. 7 Blk 7 Lot 4 R-1166-007-00 0-1 _ Pauline Maples Wylie, Texas 75098 Fellers 1st Addn. P.O. Box 97 8 Blk 7 Lot 8R R-1166- 7-008 -1 First Assembly of God Wylie Texas 75098 --- Fellers 1 t Addn. P.O. Box 430 9 _ Blk Lot -1166-00 3- -1 Unity Partners, Inc. _ Wylie, Texas 7 098 Kellers 1st Addn. 503 S. Jackson Ave. 10 Blk 10 R-1166- 08-0100-1 Jerry Perry Wylie, Texas 75098 Kellers 1st Addn. - 4209 Country Club Drive 11 Blk 8 11 R .. ' : I I Ken Kroviak Plano, Texas 75074-3609 Illialliatddn. 4209 Country Club Drive 12 Blk 8 12A R-1166-008-01 A-1 Ken Kroviak Plano, Texas 75074-3609 -- 1ellers 1st Addn. - 4209 Country Club Drive 13 Blk 8 128 R-1166-08- 1 B-1 Ken Kroviak _ Plana, Texas 75074-3609 Calloway Addn. 603 S. Jackson Ave. 14 Slit 1 Lot 11 R-1160-001-0 1 C-1 Billie Mills Wylie, Texas 7 098 Calloway Addn. 603 S. Jackson Ave. 15 Blk 1 Lot 1 C R-116 - 1- 1 C-1 Billie Mills Wylie, Texas 7 098 Calloway Addn. 603 S. Jackson Ave. 16 Blk 1 Lot 2A R-116 -001-001 -i _ Billie Mills Wylie, Texas 75098 Calloway Addn. 603 S. Jackson Ave. 17 BIIIMII Lot 2B R-1160- 01- 1 D-1 ; Billie Mills _ Wylie, Texas 7 098 Calloway Addn. 18 Blk 3 Lot 1 -11 0-003-0010-1 die Hall Livin_g Trust Sachse, Texas Calloway Addn. 205 S. WA Allen Blvd 19 Bik 3 Lot 2B -11 0-00 -002E-1 Randall Wallace Wylie, Texas 75098 Calloway Addn. 3 Birmingham 20 Blk 3 Lot 4C -11 0-0 3- C-1 Cecil Bardin Wylie, Texas 75096 Calloway Addn. 509 S. Birmingham 21 Blk 3 Lot 4D -11 O- 3-0 D-1 Donald Rister Wylie, Texas 7 098 22 3 'MINN 2 2 26 27 23 29 30 31 32 33 3 3 3 3 _ - I --____ __-<7_' ___ I ..-----> troe . ,r • loge i7A112. - 1 gill 1 1 8 1 ____ 1 fit, I y.Fi'y .k +fir. i•�„ �� %fe ,;7,t.'4, i �i �•Li�'IrrL 79 1 c') il I -:',i.::T,!..'.,!,•,''..', .;-:;'t'i!-;:s.;. ;.• , _a )1 1111111 464- . E ,, e t ___ ___ _____ ___ ___________ _____ _. ! 1 ___ ______ ____ e,oul&Wait/ 1I .„. Alf A 2A -Cn . - --------__ 0 '---- I ( 3 \) I IL . I ( ) V ..7.: Fo n X7. R5,06 n5-1-- /2,66 oo - '2tfi "--- too I PUBLIC COMMENT FORM (Please type or use black ink) Planning Department 2000 Highway 78 North Wylie,Texas 75098 _ I am FORtherequested valiance explained on the attached public notice for ZBA Case 20 1. I am AGAINST the requested variance as explained on the attached public notice for ZBA Case i12002-2 I+ Date, Location&Time of --- - Zoning Board of Adjustment meeting: Monday,January 27,2003, 7:00 pm Municipal Complex, 2000 Highway 78 North, Wylie,Texas Name: TA/ please print) Address: 0 300 tiLL.,, Aik Signature: Date: COMM NTS: