Loading...
02-23-2004 (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, February 23, 2004 7:00 p.m. CALL TO ORDER CONSENT AGENDA 1. Consider and act upon approval of the Minutes of the December 8, 2003 Meeting. SWEARING-IN OF SPEAKERS PUBLIC HEARINGS 1. Hold a public hearing to consider and act upon a request by Glenn Dixon of Colonnade Homes for a variance to Section 11.3.(1)(b) of the 1985 Zoning Ordinance in order to decrease the required interior side yard setback from six (6) feet to five and three-tenths (5.3) feet, this property being located at 303 Millstone Drive and being Lot 9 of Block E of the Harvest Bend Phase 2 Addition. (ZBOA Case No. 2003-16) 2. Hold a public hearing to consider and act upon a request by Edd Haskins for a variance to Section 4.4.C.2.E of the 2001 Zoning Ordinance in order to decrease the required landscaping from twenty (20) percent to seventeen (17) percent, this property being located at 3475 F.M. 544 and being Lot 2, Block 1 of the McCreary- F.M. 544 Addition. (ZBOA Case No. 2004-01) Posted Friday, ebruary 20, 2004 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 tit City of Wylie February 23 , 2004 Regular Business Meeting AGENDA Zoning Board of Adjustment City Council Chambers, Wylie Municipal Complex 2000 Highway 78 North Wylie, Texas 75098 Monday, February 23, 2004 7:00 p.m. CALL TO ORDER CONSENT AGENDA 1. Consider and act upon approval of the Minutes of the December 8, 2003 Meeting. SWEARING-IN OF SPEAKERS PUBLIC HEARINGS 1. Hold a public hearing to consider and act upon a request by Glenn Dixon of Colonnade Homes for a variance to Section 11.3.(1)(b) of the 1985 Zoning Ordinance in order to decrease the required interior side yard setback from six (6) feet to five and three-tenths (5.3) feet, this property being located at 303 Millstone Drive and being Lot 9 of Block E of the Harvest Bend Phase 2 Addition. (ZBOA Case No. 2003-16) 2. Hold a public hearing to consider and act upon a request by Edd Haskins for a variance to Section 4.4.C.2.E of the 2001 Zoning Ordinance in order to decrease the required landscaping from twenty (20) percent to seventeen (17) percent, this property being located at 3475 F.M. 544 and being Lot 2, Block 1 of the McCreary- F.M. 544 Addition. (ZBOA Case No. 2004-01) Posted Friday, ebruary 20, 2004 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 8, 2003 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 Claude Thompson Weldon Bullock Terry Capehart Marilyn Herrera Mary Bradley Randle Henry Johnny Bray, Building Inspector Layne LeBaron Linda Jourdan Wayne Morman CALL TO ORDER Chairman LeBaron called the meeting to order at 7:00 p.m. CONSENT AGENDA 1. Consider and act upon approval of the Minutes of the September 22, 2003 Meeting. A motion was made by Mr. Alexander, and seconded by Mr. Morman, to approve the minutes as submitted. Motion carried 7 - 0. SWEARING IN OF ADJUDICANTS Mary Bradley, Secretary, administered oath. ZBOA Commission Meeting December 8, 2003 Page 2 of 9 PUBLIC HEARINGS 1. Hold a public hearing to consider and act upon a request by Christopher R. Hykel for a variance to Section 2.5.4.c.(4) of the Zoning Ordinance in order to decrease the setback between an accessory building and the main structure from the required five (5) feet to four (4) feet, this property being located at 701 Valley Mills Drive and being Lot 9 of Block F of the Harvest Bend Phase II Addition. (ZBOA Case No. 2003-13) Thompson stated that the subject property is located in the Harvest Bend Addition Phase 2, which was platted in July 2002 with a zoning of Single-Family 8.5/17. The zoning allows accessory buildings of up to 600 square feet in size when other development regulations are satisfied. Section 2.5.4.c.(4) states that "Accessory buildings shall not be located within five (5) feet of any other structure". In August of this year, the property owner, with no building permit from the City of Wylie, initiated construction of an accessory building of one hundred and forty (140) square feet on the lot. When the illegal construction was halted by City Inspectors, the concrete slab had been poured and some framing had been completed. Review of plans revealed that the slab of the accessory building had been constructed four (4) feet rather than the required five (5) feet from the main residence. The owner was instructed to remove the slab and partial framing which were in place when the illegal construction was discovered, but requested to appeal to the Zoning Board of Adjustment for a variance. Subsequently, the owner has illegally completed construction of the accessory building, with no inspections or permits from the City. The owner contends that unique conditions of the lot and house create a hardship which limit the potential placement of the accessory building to its current location, and thus justifies the granting of the variance. The lot is triangular in shape, and drainage or utility easements (within which no structures are permitted) restrict location within ten (10) feet of the south property line (side on which the accessory building is now located), five (5) feet on the north side and five (5) feet in the east side rear yard. There is no direct access from the garage to the back yard, and the access is through the front yard and through the gate. The subject residence is a two-story structure and the proposed accessory building will be painted with same color, and finished with same materials, and should not have adverse effects on surroundings. Mr. Layne LeBaron opened the Public Hearing. ZBOA Commission Meeting December 8, 2003 Page 3 of 9 Debbie Hykel, 701 Valley Mills Drive, property owner/applicant, stated that at the rear of the property is a rock wall that covers drainage holes. The property located directly behind the subject property is quite a bit higher and benched in a rear v-shaped, which holds water. If the accessory building was located at the back of the property, there would be two to three inches of water to trudge through before obtaining access to the building. The accessory building would be too close to the adjacent property if built on the north side. Mrs. Hykel stated that the purpose of the accessory building is for lawn equipment, which was kept in the garage. Prior to building the accessory building, the lawn equipment prohibited the applicant from parking in the garage. The accessory building is not totally complete, however, when the City halted the work, only the framing of the roof and exterior siding was complete. Since that time, additional work has been done in order to keep the lawn equipment dry from the weather, so the roof is complete but the doors are not complete. Mrs. Hykel stated that the accessory building does meet the building code if not above the building code. Mr. Wayne Morman questioned the applicant how to determine the codes. Mrs. Hykel responded that they watched the other builders in the area and the reasoning for the red tags that the builders received and then doubled up. Mrs. Hykel apologized for not getting a building permit and the neighbors told them that a permit was not necessary, so they believed their words. The slab is re-enforced with half-inch rebar and twelve-inch centers, doweled the rebar into the ground two and half feet. Ms. Linda Jourdan questioned the fire safety issues of having the house and accessory building being so close. Mrs. Hykel stated that the section of the garage adjacent to the accessory building is solid brick and a bathroom non-operational window directly above the shed. If the Board grants the variance with a recommendation for a fire readied sheetrock, this can be installed in the accessory building. The building will only be used for tools and lawn equipment. The distance between the fence and the accessory building is large enough for a lawn mower to go completely around the building and there is accessibility to the water valves from the house. The Board Members questioned the construction plans of the building. Thompson introduced Johnny Bray, Senior Building Inspector. Johnny Bray stated that when the homeowner was asked to stop construction until a building permit was issued, the general framing was partially complete and the siding was not complete. At that time the concrete slab could have easily been relocated. ZBOA Commission Meeting December 8, 2003 Page 4 of 9 Mr. Weldon Bullock questioned the applicant on the reasoning why the accessory building was completed after they were asked to stop. Mrs. Hykel stated that the roof was completed in order for the lawn equipment to be moved from the garage and would not be ruined due to the weather. Mrs. Hykel expressed the desire to park in the garage for safety reasons. Mr. LeBaron closed the Public Hearing. The Board Members discussed the options available for the applicant if a variance was not granted. Thompson reminded the Board Members that a seventy-five percent vote was required, which would be six members voting in favor of granting the variance. A motion was made by Mr. Alexander, and seconded by Mr. Henry, to grant the variance. Motion failed 2 —4, thus the request for a variance was denied. 2. Hold a public hearing to consider and act upon a request by John Sanders for a variance to Section 2.5.4.b. and c. of the Zoning Ordinance in order to increase the maximum size of an accessory building from six hundred (600) square feet to seven hundred twenty (720) square feet, and to decide on the applicability of Section 2.5.4.e. of the Zoning Ordinance concerning exterior siding materials, this property being located at 1806 Stone Glen Drive and being Lot 45 of Block A of the Riverchase Phase Ill Addition. (ZBOA Case No. 2003-14) Thompson stated that the subject property is located in the Riverchase Planned Development District (PD 99-3) and is requesting two variances. One request is to increase the size of an accessory building from the required as six hundred (600) square feet to seven hundred twenty (720) square feet. Riverchase is a PD development with lots that start at 7,200 square feet and go to over half an acre, and the subject property is located on an half acre with a 2,600 square foot residence. The design standards of the PD do not address the size of the building. The applicant desires a large accessory building for the purpose of storing a boat and larger yard and garden maintenance equipment, as well as for a hobby workshop. The accessory building is proposed to measure 24 feet by 30 feet and total 720 square feet in area. The Zoning Ordinance provides that the combined floor space of all accessory buildings shall not exceed 600 square feet or 25 percent of the primary structure residence or whichever is less. The area of the residence is 3,200 square feet, and the 25 percent rule limits an accessory building to 800 square feet. The request reflects a variance of 120 square feet or 20 percent from the maximum allowed size of 600 square feet, or a variance of 80 square feet or 10 percent of the allowed 800 square feet. The proposed size of 720 square feet does not comply with the "whichever is less" controlling stipulation of the Zoning Ordinance. ZBOA Commission Meeting December 8, 2003 Page 5 of 9 The second request is to interpret and decide the applicability of Section 2.5.4.e of the Zoning Ordinance. The Board must determine if the current code or the previous code is applicable to this case and interpret the difference of opinion between staff officials. The Board is not a legislative body and can only follow the adopted City code to the best of its ability and interpretation. However, there are from time to time circumstances where Staff interprets codes differently or the interpretation is not clear and the case is brought before the Zoning Board of Adjustment for clarification. The Building Official cites Section 2.5.4.e (3) of the Zoning Ordinance, adopted in September of 2003, which states that "accessory buildings over three hundred (300) square feet in area are required to be constructed with exterior walls composed of the same masonry content required of the main structure, and the masonry used on the accessory building shall closely resemble the masonry used on the main building'. This amendment was added to the Ordinance with the conscious intent of limiting the size of residential accessory buildings. The Riverchase PD Design Standards require that "a minimum of the dwelling's total exterior area, minus windows and doors, shall be masonry veneer, such as brick, stone or stucco. The Zoning Ordinance currently requires that exterior walls of all new dwellings be 100% masonry, but the new code does not amend the PD. Therefore, at least 75% of the proposed accessory building must be brick, stone or stucco. To interpret the request otherwise could provide precedent for oversized accessory buildings throughout Riverchase and perhaps the City. The Planning Director cites no regulation of construction materials for accessory buildings prior to the September 2003 amendment, although the City codes have historically regulated the location (setback distances) of such buildings. The Riverchase PD does not regulate accessory buildings, and the City did not do so when the PD was adopted in 1999. The applicant contracted construction of the house and started discussions about the accessory building in May of 2003, prior to the code adoption of revisions which regulate materials. The Zoning Ordinance changes from time to time, however when a subdivision is platted under a Planned Development, those conditions are tied to the code in place at that time. When the Zoning Ordinance changed in September 2003, the requirement of siding changed from 75 percent to 100 percent masonry and also changed the requirement of 2,500 square feet or 10 percent of the lot, whichever is greater to 600 square feet or 20 percent of the building whichever is less. If the applicant was following the old zoning requirements there would not be a need for a request of the size, the zoning allowed a larger accessory building. However, the old zoning requirement did not address masonry requirement. But if the Board interprets that the applicant should follow the current code, then both variances should be addressed. ZBOA Commission Meeting December 8, 2003 Page 6 of 9 Riverchase is also under control by a private Homeowners Association. The City does not monitor nor enforce such private covenants. A letter from the Homeowners Association was submitted by the applicant, approving the request. The Homeowners Association did not address the masonry requirement. Mr. Layne LeBaron opened the Public Hearing. John Sanders 1806 Stone Glen, applicant/homeowner of the subject property, stated the intention is to build an accessory building out of cementatious masonry composite siding, such as hardi-board. The building will have two regular entry doors but one overhead door which will face the front. Mr. Bullock questioned the applicant of why the size of the accessory building could not be 600 square feet. Mr. Sanders stated that none other than the reduction of functionality of the building. Ms. Christine Price, 1805 Country Walk, directly to the rear of the subject property, stated that she initially submitted on the public form opposing the variance, but after hearing the applicants comments would like to rescind and be for the variance. Mr. LeBaron closed the Public Hearing. The Board Members further discussed the interpretation of the code that the applicant should follow under. Johnny Bray, Senior Building Inspector, stated that the PD did not set criteria for accessory structures, therefore the applicant is to follow the size and the type of materials set forth in the current code. A motion was made by Mr. Morman, and seconded by Mr. Alexander, to Grant the variance for 720 square feet accessory building. Motion failed 5 - 2. A motion was made by Mr. Alexander and seconded by Mr. Morman, to allow the 720 square feet accessory building with stipulation that the siding be 100 percent masonry. Motion failed 2 - 4. Mrs. Herrera stated that the logical view is if the house is built with 75 percent masonry then the accessory building should be 75 percent masonry. A motion was made by Mrs. Herrera, and seconded by Mr. Alexander, to grant the variance of 75 percent masonry and deny the variance of 720 square feet. Motion passed 7 — 0. ZBOA Commission Meeting December 8, 2003 Page 7 of 9 3. Hold a public hearing to consider and act upon a request by Stuart Allison for the following variances to the Zoning Ordinance in order to: a. Reduce the minimum dwelling size from the required seventeen hundred (1,700) square feet to eleven hundred (1,100) square feet; b. Reduce the front yard setback from the required twenty-five (25) feet to fifteen (15) feet (Section 3.3.A.3.); c. Reduce the rear yard setback from the required twenty-five (25) feet to ten and one-half (10.5) feet (Section 3.3.A.3.); d. Reduce the east side yard (street-side on corner lot) setback from the required twenty-five (25) feet to twenty (20) feet (Section 3.3.A.3.); e. Reduce the west side yard (interior-side) setback from the required seven (7) feet to six (6) feet (Section 3.3.A.3.); and f. Reduce the parking requirement from two (2) enclosed spaces to two (2) spaces, one (1) of which must be covered (Section 5.2.B.9.c.); This property being located at 111 Keefer Street and being Lot 40R of Block 9 of the Brown and Burns Addition. (ZBOA Case No. 2003-15) Thompson stated that the subject lot was created by Minor Replat in April of 2003. It contains 5,248 square feet. The lot is currently vacant, but was at one time occupied by a single-family residence. Today the smallest lot is 8,500 and this lot is created and can't be enlarged to meet the current code. Due to recent replat, the owner lost all vested rights it may have had in the code that was in place when it was originally created. The lot is platted under one of the oldest subdivisions and there is no copy of the Zoning Ordinance that it was built under. Subsequently the lot 40 and 41A created one lot and replat into two lots. The residue Lot 41 B is occupied by a single-family residence and underground storm shelter. Both Keefer and Marble were platted as wider rights-of-way, but only 30 feet is paved providing additional land to the subject lot. Today single-family lots are platted at 50 feet wide street rights-of-way and this lot has 70 feet right-of-way, and gives the appearance and some degree the use of that additional right-of-way 10 feet on each side of the street that can be used for drives. An application was submitted in August of 2001 by a different owner/applicant that requested rather drastic variances in order to construct residences on the then two lots, and was denied by the Board of Adjustment. ZBOA Commission Meeting December 8, 2003 Page 8 of 9 The property is currently zoned Single Family-8.5/17, which requires 8,500 square foot lot and a dwelling of 1,700 square feet. The SF-8.5/17 District also requires seven (7) feet interior side yards and twenty-five (25) feet street side yards as well as front and rear yards of twenty-five (25) feet. The current District requires a residence of 1,700 square feet with a two-car garage both of which must be enclosed and behind the front- yard setback. The applicant desires to construct a single-story single-family dwelling of nearly 1,100 square feet, with a single-car garage and front porch. The applicant is going to argue that this is a two car garage, 24 x 19 feet 4 inches and is large enough for two compact cars but does not meet our current code of 20 x 20 feet at least. Public Comment Forms were mailed as required by State Law to property owners of twenty-four (24) properties within 200 feet of this request. At time of posting, and tonight we have seven forms returned, three favoring and four opposing. Mr. Layne LeBaron opened the Public Hearing. Stuart Allison 614 Nickelville Lane, Wylie, owner/applicant for subject property, reviewed the history of the subject property and the surrounding property as there is a family history involved. The subject property is an empty corner lot which is not very desirable to look at, and would enhance the neighborhood with a single-story single- family residence, which conforms to the existing homes in the neighborhood. The economic situation for the property is not generating any tax revenue and the annual city taxes on the property are $29.00 a year. The annual taxes to the school district are only $69.00. In the proposed home plan estimate the city taxes would be $635.00 annually, and conservatively the taxes to the school district is $1,548.00 annually. Mr. Wayne Morman questioned the number of variances compared to the options of building a two-story house, which will alleviate some of the variances. Allison stated that this style home is the number one choice, and the intention is to fit the house nicely with the existing houses immediately surrounding, which are single-story houses. Michael Turner, 201 N. Keefer, Wylie, spoke against the variances; his property is the adjacent corner lot to the subject property. Mr. Turner stated that in 1986, he built his house to code, and had to tear down a pecan tree in order to meet the requirements. Recommended that the two land owners surrounding the subject property discuss an agreement to split the property between them, and then everyone would be better off. ZBOA Commission Meeting December 8, 2003 Page 9 of 9 David Brundodge, 109 N. Keefer, Wylie, spoke against the variances. His property is to the east side of the property. Lot is too small to build on the property. All the houses lined up and the proposed house would be sticking out about 10 feet. Curtis Collier, 113 South W.A. Allen, Wylie, represented as construction engineer of the proposed house, spoke in favor of the variances and stated that due to the layout of the lot, the setbacks will need variances. Mr. LeBaron closed the Public Hearing. Due to lack of a motion to grant the variances, the request for the variances were denied. MISCELLEANOUS 1. Thompson distributed and reviewed the Action Agenda from the City Council meeting on December 1, 2003, accepting resignation of City Manager Biff Johnson and appointing Assistant City Manager Mindy Manson as Interim City Manager. Board members praised Mr. Johnson for his accomplishments, and the desire to have Mindy Manson as the permanent City Manager. 2. Thompson reviewed the newspaper articles from the Dallas Morning News editorial Collin County Section, praised the City of Wylie for their planning and direction. He reviewed the number of certificate of occupancy issued each month and the number of single-family residences permits issued each month. ADJOURNMENT A motion was made by Mr. Randle Henry, and seconded by Mr. Morman to adjourn the meeting at 10:00 p.m. Layne LeBaron, Chairman Mary Bradley, Secretary City of Wylie Public Hearing Item No. 1 ZBOA No. 2003-16 Zoning Board of Adjustment Public Hearing: February 23, 2004 Owner/Applicant: Glenn Dixon For Colonnade Homes Location: 303 Millstone Drive, Lot 9, Block E, of the Harvest Bend Phase 2 Addition Request: Variance to Section 11.3(1)(b) to decrease the required interior side yard from the required six (6) feet to five and three-tenths (5.3) feet. Background: Section 245 of the Texas Local Government Code provides that applications for private development, especially those relating to lot size and dimensions, shall be considered solely on the basis of municipal regulations in effect at the time the property was platted. The Zoning Ordinance adopted on May 7, 1985 was in effect at the time the subject property was platted as part of the Harvest Bend Phase 2 Addition in 1998 and, therefore, governs the lot dimensions, although construction of the residence was not initiated until July 2003. The 1985 Zoning Ordinance, under the requirements for SF-3 Residential District, established that internal side yards be a minimum of six (6) feet, although the current Ordinance (adopted in 2001) requires a minimum side yard of seven (7) feet. When the foundation of the subject residence was constructed, the form survey, intended to verify such required dimensions, erroneously indicated that the building was placed six (6) feet from the side property line at the building line. However, the final survey, after construction had been completed, indicates that the front corner of the house is actually located only 5.3 feet from the side property line. ZBOA 2003-16 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 twenty- one (21) properties within 200 feet of this request. No Comment Forms have been returned at the time of this posting. 2. The subject lot complies with all requirements of the 1985 Zoning Ordinance except for the east side yard. The requested variance will provide an interior side yard of 5.3 feet, rather than the required 6 feet. This is a variance of 8.4 inches or 11.67 percent. The rear corner of the building is 7.7 feet from the side property line and the nearest distance to the adjacent house is 13.4 feet, complying fully with the required dimensions. ZBOA 2003-16 3. The subject lot is located on a street with a subtle curve, which makes the lot is more than 10 feet narrower along the front property line than along the rear. The house, on the other hand, has the same dimensions along its front as it rear. 4. The erroneous form survey was made and sealed for accuracy by a State registered surveyor as required by City code. Neither the applicant's on-site construction manager nor the City of Wylie Building Inspection staff realized that the side yard dimensions were mistaken and not in compliance with the Zoning Ordinance. Financial Considerations: Application fee - Paid Attachments: Location Map Final Survey (showing erroneous dimension) Notification List and Map with Responses Photographs of Subject Property i I ;' 1 ç- ' - 1 - - i _ _ , r , 1 1 _ i i 1 1 ; j i i i 1 1 i i i i 1 I i i 1EEEEEEEEFE. i ; i K °o i j 1: I: I: 1 rel Y i i i P i i i p i i 'I 1 1 I —"• 1: I I :1 1 1 1 i Subject L... i — i Property a i 1 -- i ii i i i i i i i i i i i 1 i j 1 i i i I 1 i i i i i i i i i i i I i i 1 i �.._.._.._.. i i i i j i i i 1 1 r 1 1 I i I r ! ! i i ! i i a 1 i i I i 1 1 �• fr �..� i i 1• i ! ! •- i 1 i ._.._..7 j i i i i I ..` 1 I ' 1 1 i 1 i ; i i i i i i i.—z Hill one Qrve ` �' ! ! j j i ! j 1 I ; j i i i 1 ! ■,,,,, • I • I 1 I 1 I I 1 I " ". i j ! ! j i i j i O,, - L ! ;1 ii i 4 •. •I• ' i i I I I i 1 ' ! --i 1 I Drive lost -.(—T AUM�n BteeZe ve —> [ mi I I I I 1 1 O Terrace give `� m S�r le , i..... ........... 1 > \ Harvest Bend Drive j .0 O J U L.._.._._ _a . c II±1I �` A j LOCATION MAP • ZBA CASE #2003- 16 Sent By: BENCHMARK; 9726803052; Dec-19-03 2:47PM; Page 1 I. SURVEY PLAT This is to certify shot 1 houe thvt date.made a car•fLJ and occrot•surrey on the good of the property located at: 303 PRLLSTONE DRIVE , n the Cty of WYLIE Texas. Lot Na.9 Block No E. / City Block No.__.of_______:____ HARVEST BEND PHASE II an addnon to the City of • VILE.COLLN County. Texas, occordngg to the _.MAP of PLAT THEREOF recorded it VOLUME N : 'PAGE N71 .of the PLAT Records. COLLN County. Texrr,. PARK - R .- () AD ( F . M . 2 514 ) Ioo. R.0.W. A=68.49' FND-x- R=768.51' 't 1• n �__ Ti FIR120. ESMT. WYLIE N.E. WATER SUPPLY/ 1 I / VOL. 659. PG 140 , S I T , • LOT9 � BLK E j t i o1 -t ' o . C 84 1 Q 0' 14 ;a WC-) ' c) (V a' 21.f C`J LOT 8 H 55 - 1 LOT 10 L) FORMS Im TRENCHED 4 Ilo 1I\ 11 l oQ t` b 1 CO 00 i 1kp�T L() 0 I `O\ 0 w 9A' l) io 1 1 1�8 ai 2u 5 ., THIS FORM CORNER . l• 25 B L. r , ,„:13 T T 71 S'.RAN 10' TS. 5 U.L.— _ I_ _ ESMT. FIR FIR A=57 74. R=648.51. a�0 . " ILLSTO \ - DRIVE 50' R.0.W. FLOOD CERTIFICATE AS DETERMFED BY THE FLOOD INSURANCE RATE MAPS FOR COLLIN COUNTY . TEXAS BY GRAPHIC PLOTTING. ThE ABOVE PROPERTY GOES NOT LE WITHIN A 100 YEAR FLOOD ZONE AREA. MAP DATE 1.19-96 Zane: X Pane'No. 48085 C0470 G The plat hereon it an accurate xep' tentotion of the sold property on the date or strx.y. The%nes and d..nnsons of said pr party.bang Fodcoted by /ddrplot Th.sae.locot'on.and tyypp of Lwkinys and improvements urn shor° on sod plot. The boISn9 eat bock lines ore of the dstance indcated. The d�atance to the nearest intersecting. street.road or point of curve ore indicated on sod pica. Thor. or.no apparent sable eotement,encroachments,cenficts. or protrns.ont except those shorn on said plat.Sad plot is intended for cleant um only. Date. 07/09/03 D 6 NOT N1T AP1 OFFIOAL SIGNATURE T , ' 0 F - COL.37085 LE ''�•'t' °++�f , Job No.: t' a ->,4 G.F. No.: ' 20• FIR.-a01RdD RON ROD V2- -BERNARD HENDERSON c Scda' JOH SIR.-SET IRON ROD 5/9' 1 Drown By: • 5 I i 6 o:, f I s dromnq is NOT FOR CONSTRUCTION purposes.te y W� Y•>. a se'0 f' Benchmark Group °N .ye•`.• ,v. V ., Tex./. tat. >l10161�H� '� .;Ii�c lee E.h dw sad•.eUX w.-taw Ma // Nl�eb.J07 AX 61a-7051 N� • 4.1 • 4 b 7 g ; 10 11 �� \ stone Drive try Y 13 22 i 2� 19 4 18 17 / 15 --j-- 16 1 CD 14 b I l i i I Orchard Trail ZBA CASE #2003- 16 NOTIFICATION REPORT APPLICANT: Glenn Dixon of Colonnade Homes APPLICATION FILE ZBA#2003-16 2314 E. Hebron Parkway Carrollton, Texas 75010-4424 # BLK/ABST LOT/TRACT TAX I.D. # PROPERTY OWNER NAME ADDRESS Applicant 2314 E. Hebron Parkway 1 Glenn Dixon Carrollton, Texas 75010-4424 Harvest Bend 2 311 Millstone Drive 2 BIk E Lot 5 R-5136-00E-0050-1 Gerardo Armendartz Wylie, Texas 75098 Harvest Bend 2 2314 E. Hebron Parkway 3 Blk E 6 R-5136-00E-0060-1 Colonnade Homes Carrollton, Texas 75010-4424 Harvest Bend 2 2314 E. Hebron Parkway 4 BIk E 7 R-5136-00E-0070-1 Colonnade Homes Carrollton, Texas 75010-4424 Harvest Bend 2 2314 E. Hebron Parkway 5 BIk E 8 R-5136-00E-0080-1 Colonnade Homes Carrollton, Texas 75010-4424 Harvest Bend 2 2314 E. Hebron Parkway 6 BIk E 9 R-5136-00E-0090-1 Colonnade Homes Carrollton, Texas 75010-4424 Harvest Bend 2 2314 E. Hebron Parkway 7 BIk E 10 - R-5136-00E-0100-1 _ Colonnade Homes Carrollton, Texas 75010-4424 Harvest Bend 2 217 Millstone Drive 8 Blk E 11 R-5136-00E-0110-1 Brian Clark Wylie, Texas 75098 Harvest Bend 2 2314 E. Hebron Parkway 9 BIk E 12 R-5136-00E-0120-1 Colonnade Homes Carrollton,Te as tone Drive-4424 Harvest Bend 2 10 BIk E 13 R-5136-00E-0130-1 Don Grissom Wylie, Texas 75098 Harvest Bend 2 PO Box 80 11 BIk G Lot 8 R-5136-00G-0080-1 Ray Morris Homes Allen Texas Orchard Trail 75013-0002 Harvest Bend 2 12 BIk G 9 R-5136-00G-0090-1 Charles Zascavage Wylie, Texas 75098 Harvest Bend 2 2314 E. Hebron Parkway 13 Blk G 10 R-5136-00G-0100-1 B&D Land LC Carrollton, Texas 75010-4424 Harvest Bend 2 2314 E. Hebron Parkway 14 BIk G 11 R-5136-00G-0110-1 Colonnade Homes Carrollton, Texas Millstone 75010-4424 Harvest Bend 2 15 BIk G Lot 15 R-5136-00G-0150-1 Clint Petzold Wylie, Texas 75098 Harvest Bend 2 2314 E. Hebron Parkway 16 BIk G 16 R-5136-00G-0160-1 B&D Land LC Carrollton, Texas 75010-4424 Harvest Bend 2 2314 E. Hebron Parkway 17 BIk G 17 R-5136-00G-0170-1 B&D Land LC Carrollton, Texas 75010-4424 Harvest Bend 2 2314 E. Hebron Parkway 18 Blk G 18 R-5136-00G-0180-1 B&D Land LC Carrollton, Texas 75010-4424 Harvest Bend 2 PO Box 80 19 BIk G _ 19 R-5136-00G-0190-1 Ray Morris Homes Allen, Texas 75013-0002 Harvest Bend 2 2608 Inwood Road 20 Blk G 20 _ R-5136-00G-0200-1 Wildwood Homes LLC Dallas, Texas 75235-7449 Harvest Bend 2 PO Box 80 21 BIk G 21 R-5136-00G-0210-1 Ray Morris Homes Allen, Texas 75013-0002 22 23 24 25 26 27 ZBOA Case No. 2003-16 303 Millstone Drive c.._ --t— ilk 1 __ "i_a ERB gill - t. t Ili a — ',:.;,...—__..----1 - L ., .i'' _ _____ FA.... --vr isOL_ __ ,/ _ , 1. t_....,.......1,7 , i i View of side yard of subject property and adjacent house from Millstone Drive. t , . t ti. ''�'• --. b ` rlificitioor % 8 4 r 1 l- - Y i n f. It c View of measurement between subject house and adjacent house - 13.7 feet ZBOA Case No. 2003-16 303 Millstone Drive r :,i-----...„„,----.,.. .. .... __ _ - ,„1 •�� �� i...,. 'IV "'t...:".?1 �ti "\ \4 - ' -- /), \ N '\'‘ ' r S - F� _itcs. �.-'1 1 .. View of side yard of subject property from back yard looking toward Millstone Drive. c _ '" . ) , ( I '' tili f r ...w�+r 't a " . 4 .. $ .2. , .... I t . s h ! • S`1 ti. _ 9 t l • • j—it> 4. Ems_ - Z. r, �' 1 t� 1 ° i`I, a irl', . {� _ i 11 4 View of measurement from side property line and foundation of subject house 5.3 feet. Id" My of Wylie Public Hearing Item No. 2 ZBOA No. 2004-01 Zoning Board of Adjustment Public Hearing: February 23, 2004 Applicant: Edd Haskins Location: 3475 F.M. 544, Lot 2, Block 1, of the McCreary-F.M. 544 Addition Request: Variance of Section 4.4.C.2.E of the Zoning Ordinance to reduce the landscaping of the lot from the required 20 percent to 17 percent Background: The subject lot was created as Lot 2 of the McCreary-F.M. 544 Addition, approved in December of 2003. The lot is 4.2 acres in size, and wraps around the remainder of the Addition with access from both F.M. 544 and McCreary Road. It is zoned Commercial Corridor (CC). The planned self-storage/mini-warehouses are allowed by right in the CC District. A site plan, also approved at the time of platting, indicated that the development would comply with all requirements of the development codes. However, subsequent design and engineering have concluded that the desired building area as well as required parking and landscaping cannot be accommodated on the site. Section 4.4.C.2.E of the Zoning Ordinance requires that twenty (20) percent of the site be landscaped in the Commercial Corridor District, and the applicant is requesting a variance to reduce the required landscaping to seventeen (17) percent. The development will comply fully with all other regulations of the code. Some as yet undetermined retail or office use will occupy the remaining Lot 1 of the McCreary-F.M. 544 Addition, which is located in the true corner of the intersection. ZBOA 2004-01 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 eight (8) properties within 200 feet of this request, as required by State Law. No responses had been submitted at the time of this posting. 2. The subject Lot 2 is configured in an "L" shape around the north and east of the corner Lot 1, and fronts on F.M. 544 with a side yard along McCreary Road. The Commercial Corridor District requires a front yard setback of twenty-five (25) feet and side and rear yards of ten (10) feet. A cross access easement is required within the front yard to provide access between the subject lot and properties to the west and east. The proposed development complies with these regulations. ZBOA 2004-01 3. The subject property is generally located in the northeast corner of F.M. 544 and McCreary Road. The lot backs on to the railroad corridor on the north, and no development will occur immediately adjacent to this north property line. The property abutting to the east is developed for commercial uses, and the vacant Lot 1 of the subject addition will be developed for retail or offices uses. Properties across F.M. 544 to the south are undeveloped and are zoned Agriculture (A) until appropriate urban uses are proposed. Properties to the west across McCreary Road are within the City of Murphy and are developing for retail uses similar to those allowed on the subject site. 4. The Zoning Ordinance requires that twenty (20) percent of the lot be landscaped, and that such landscaping be provided in the front yard as well as in side and rear yards when adjacent to or across a street from residential uses. Based on this ratio, the proposed development is required to provide a total of 36,100 square feet of landscaping, and the proposal anticipates only 31,333 square feet which is 17.36 percent of the site. This deficit represents a reduction of approximately 4,768 square feet or a variance from the requirement of 7.6 percent. 5. At least fifty (50) percent of the front yard must be landscaped, in a buffer-yard of at least ten (10) feet wide, as well a s trees. The proposed development plan is in compliance with this regulation. 6. The subject lot total 180,505 square feet in size, and it is proposed to construct a total of 83,599 square feet of building, resulting in 46.3 percent of the lot being covered. The Zoning Ordinance allows a maximum lot coverage of 50%, which is in compliance with this requirement. 7. The Zoning Ordinance requires that one parking space be provided for each 300 square feet of office area as well as one space for the resident caretaker and one space for every 10,000 square feet of storage area. Based on these ratios, the proposed development requires fifteen (15) parking spaces, and 15 spaces are provided in compliance with the regulation. A reduction in the area of storage area could possibly translate into reduction of the required parking. Attachments: Location Map Site Plan Notification List and Map ...... is i . ii •Wir gy . 'r-•• 4 D" ', 1111111111111111111111111M mg. 111 r------) - :3 111111111ffilffilliall"°NG 1111111 ..... . .. NOSH . . _ im g_____ IuxumIIm1jj . Ph ..1.1=Illithwinn , 1 . . 1111111iss. NNW• ) NI w./.4111111.1111 111111111_111111111111111111 'Aws.-1 i - r , ha ima111111111111111111 :-.uoia Erne ii I ' IN Illp/sBaglinignink 1111 1111 -IT_ r. / 1.11 a a!PH;Ill I I I I 111 ll II al 1111111111111 .-'VL. 1111111E1 Murphy City Limits i 11115 VI 11 Emile 1411, ,.‘,..,,, ._ , 1 R.8.,Hinum. /11111111114 °*16:\ 66 „ 41111111111114 1111 1 1 _____ IPDA1)11111111 :V.._ 1TESId '--1 111XIMMIEMI l ..MI • • • . - — witi,p1111#1111111 --'_ f Nomilmml ;MN 1 111Ma.‘ 10:01Miti. 0111 inn=•11-01.1g 111111.00111111..r.imMilb 11---- a"-- ----L7„,--- #41111111111 lam 8:109.F.M.1.1 . I ENE NM= i ai rm' Immlill'---&--- v.., . . ..-.. .._._.._..-..- ' .._.._.._..-..-.._.._.._..-..-. ._.._. . i DWI . 1 ! I !! ! ! ! ! ---, i • ! i i i5LI.A. F. M. , - i • , i-_- -1 .'- i c.) i cm ;;7."..k....... ! -‘.. . • Subject ‘eel ' ‘..- , Property i i i i i i _.. ._.. c> ! Coo,toStreet i i >, i , r0 c su i cf ,i, _.._.._.. •P Exchcng,e Streit , r i i 7t i r" --•.,,,,,,,, ,,m LOCATION MAP ZBA CASE #2004-01 NOTIFICATION REPORT APPLICANT: Edd Haskins APPLICATION FILE ZBA#2004-01 3631 Coral Gables Dallas, Texas 75229 # BLK/ABST LOT/TRACT TAX I.D. # PROPERTY OWNER NAME ADDRESS Applicant 3631 Coral Gable 1 Edd Haskins Dallas, Texas 75229 McCreary Estates 1 McCreary Estates HOA 8235 Douglas Ave, Ste. 650 2 Blk X Lot 3 R-4748-00X-0030-1 c/o McCreary 100 Partners LP Dallas, Texas 75225-6098 Moss Addition 3455 W. FM 544 3 Blk 1 Lot 2 R-2820-001-0020-1 Moss Brothers Real Estate Mgmt Wylie, Texas 75098 3245 Majestic Circle 4 Abst 849 Tract 6 R-6849-000-0060-1 Wessington Properties LLP Conway, AR 72034 3245 Majestic Circle 5 Abst 849 Tract 7 R-6849-000-0070-1 Wessington Properties LLP Conway, AR 72034 10 Carmarthen Court 6 Abst 835 Tract 1 R-6835-000-0010-1 Mary Allene Jones Dallas, Texas 75225-2457 1401 Pacific Avenue 7 Abst 849 Tract 42 R-6849-000-0042-1 Dallas Area Rapid Transit Dallas, Texas 75202-2714 210 S. McDonald Street 8 FM 544 Collin Co. Commissioners Court McKinney, Texas 75069 9 10 11 12 13 14 i —_ ' VU"ajflq Drive i 1I liaiiiin ___I I___,[ ___ 1 Ole. . . - 1 _ _ - Drive o MO 5 .-‘ . o I i il V J .F 1 • V i(1,04 mt gas 1 1 ( 2co ` 1 1 1 ZBA CASE #2004-01 N IRRIGATION NOTES 3 *AS MEM.MEAT BE PREATIO AS NOTES ' ate C2 TOR°MGON NO MC Ek" owe, 1 UP MIT i a a ".,��a a e.�..w ti RR SI MEE WN�R SAO, I { a_ ( I !_ f l J p AREA RAPID CIO TRANSIT 'ACTOR ------_ f ( (-- TOP SOIL i CRC. ,ACT _ __ ! NRM TARS NDSC 1 .; RSTAL.envaos -74' _ , r 1 till% • TN ATE R w«R '=!. ".) F tl d0�/�0 a 300 "u m""'"' / O ,f^„TOT eu Twws) 5011721 OF ME c oelom sr.io.em.m s.r. s N,2 t re.v,e J §4JR�mER »• 1. .11 • / g o\WET -m NUR. MCAT5.930,.S.F. 6.50T. er a 1 b 1 �PHASE 2 BLOC. x.d� TOTAL NET AREA imsass sr WM OF BUSMEN • 1 • is u- [ q" 120'X 1/0' Y..r _LANDSCAPE�wr. _ y�rz RER 1 rc_ssx0 .V.:.T TOTALrz C ♦ u.em sr. 366905f. as.b car N ___ •i'�1�, �' �� D L F arA��. ts.nxes S,rI - x.rnER WK.SPACE RECILIIRED T� m BLDG."P y ;SaTs S.F. .23E 1.1' T5'aRXa 3300' 4.14338 ACRES ENS ry m�-:'� PANEL. E SPACE PRONE. )a 99 :;.1.: ? rr_sez.s (LESS:RET:IL AREw i D RRPE0 R,S, ' __-�:� KINS SPACE el 1 MT '? 1i, v. Tielw sr. o 1 88 i /, .;"µ Rmui muwos� ' 01 1M44'1Pr i5»z'ar io,N rc,MU) wONATE 861.6116 � R TOME n.,u.er S.F. J� 'Pml ` aou,Rlos .., o,,m`�oxaRxa C _—W RPrAIALE PPP �--�•r'.:'I n.r. ,psi 8 III RCP y qq 1 :':l.: - �B121G.'c" ,r-u> ,,-"OO BLTrc.'Er ',. r ' murAa `: Ie PLANTING LEGEND: LANDSCAPE REQUIREMENTS: Si - aA .{•°•.. i 20'x200• 5'.aw e.r. 20Y226' Ts' R TOTAL LOT AMEX ITO..5.e I' ,_ ::::::a::::::::::::::.:: :::::::'p ... ., ..... _..__...__. YI .41. LOT 2,BLOCK 1 !may _ _ MOSS ADDITION l e[0 la URI �"",ro°''ICa+R[ ucs) fox"rc ms) d` 1 n'.::.. uvmr 013 +- �nw (oexi05 5T1 / I:•,<,^�` 1•i n �W MOSS CONSTRUCTION `I� AIDMAID OA a MPS T OR INIADFORD PEAR ArxsnPE Im GP TOT.O7 APE. 1 31.332. o o) m p::':R Isaseas �:,mxS� :. ''"' CC/92-0022956 7/,�- MONO TAO: INA 0,NE001'woscwr AME.1 �' `/:.5� Ir u TREES AT w-w'SPAGmI m.qq S,aF:.. vRu.w a.. TREES. Si RETAIL AREA r.'.Crrm't, t I„ (R,Onrtas) '88et. rai..,,. N JL CI e __ 2...,�p 4 e A�R o 'as TORN '",,;,.V) 8 -—-- u gy 3Y• fI(raEmol.eR � ,.of _ �.__... . M¢f °Lt.- pwr-rr T $}'. �._ z Tv B. `(!'cv°I: s ec3 _ _ ','•�".� •,.f,�b `"�i: a✓ r. _ • '__'-. c.L` .� r+� ....� == _— BBB • r .SAL TOR m w.r _ _ M_ 1 ¢+.an • F.M.NO.544 -- MOROI TB.MUNICIPAL WATER `MSTTNT E (120•R.O.W.) s>v EASEMENT RCP Now2M .. �... V. *V run ma e do_____ `-{� PROJECT ..... m SITE VICINITY MAP SCALE:NONE OWNER/DEVELOPER: HUDSON ENGINEERING COMPANY EXCAVATION NOTES: ROEMER/HASKINS,LC, 301 N.W.SECOND STREET,S1NTE 4 "THE GENERAL CONTRACTOR SHALL ACCEPT THE 3131 CORAL GABLES OWE' I97R2A)NM-2710 l,TE:((S72 XAS 0 DAL AS,TEXAS T822i CONTACT PERSON:BBALT NLID90N RESPONSIBILITY TO NOTIFY ALL UTILITY, CITY AND PHONE:214-363,0681 EM/L UINdE0rAD0�R0L00H LANDSCAPE PLAN COMMUNICATION COMPANIES TO PROVIDE LOCATIONS FAX:214-722418BS REBRUARY t3, O'' •_ r-nT (INCLUDING DEPTH) OF ALL UNDERGROUND PIPE, Rmxm mA,Mc BP". ,� INCLUDING GAS, COMMUNICATION CABLE AND ANY OTHER � v tic ''s LANDSCAPE PLAN 88020K scuE FIBER OPTIC CABLES PRIOR TO PERFORMING ANY rAcNo RT.Muw: A4�: !.T1 CONSTRUCTION EXCAVATION, FILLING OR HOLE DRILLING NWT1 G:nai�''r-'V/ MINI STORAGE CENTER RELATED TO ONSITE OR OFFSITE WORK FOR THE THE (I`��Si�}J. EXECUTION OF THE CONSTRUCTION DESIGN DRAWINGS , F 1 CITY OF WNLIE.COLLIN COUNTY,TEXAS /'� PERTAINING TO THIS PROJECT. - evll/w i 4.143BACRES C5