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04-26-2004 (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, April 26, 2004 7:00 p.m. CALL TO ORDER CONSENT AGENDA 1. Consider and act upon approval of the Minutes of the February 23, 2004 Meeting. SWEARING-IN OF SPEAKERS PUBLIC HEARINGS 1. Hold a public hearing to consider and act upon a request by Michael Fredericks for a variance to Section 10.3(1)(b) of the 1985 Zoning Ordinance in order to decrease the required interior side yard setback from seven (7) feet to one and one-half feet (1.5) feet, this property being located at 1404 Scottsdale Drive and being Lot 38 of Block F of the Quail Meadow Addition. (ZBOA Case No. 2004-02) may.O+F++ ` Y p�d r SE A,,I_, ) ,;.7.7:-• ili'a� r- L,‘4i4.4.. •,,�',�y........ Posted Friday, April 23, 2004 at 5:00 p.m. %,,,,,++;yi,,0 NE 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 Adj ustments tillt City of Wylie April 26, 2004 Regular Business Meeting AGENDA Zoning Board of Adjustment City Council Chambers, Wylie Municipal Complex 2000 Highway 78 North Wylie, Texas 75098 Monday, April 26, 2004 7:00 p.m. CALL TO ORDER CONSENT AGENDA 1. Consider and act upon approval of the Minutes of the February 23, 2004 Meeting. SWEARING-IN OF SPEAKERS PUBLIC HEARINGS 1. Hold a public hearing to consider and act upon a request by Michael Fredericks for a variance to Section 10.3(1)(b) of the 1985 Zoning Ordinance in order to decrease the required interior side yard setback from seven (7) feet to one and one-half feet (1.5) feet, this property being located at 1404 Scottsdale Drive and being Lot 38 of Block F of the Quail Meadow Addition. (ZBOA Case No. 2004-02) may.O+F++ ` Y p�d r SE A,,I_, ) ,;.7.7:-• ili'a� r- L,‘4i4.4.. •,,�',�y........ Posted Friday, April 23, 2004 at 5:00 p.m. %,,,,,++;yi,,0 NE 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 February 23, 2004 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 December 8, 2003 Meeting. A motion was made by Mr. Morman, and seconded by Mr. Alexander, to approve the minutes as submitted. Motion carried 7 - O. SWEARING IN OF ADJUDICANTS Mary Bradley, Secretary, administered oath. ZBOA Commission Meeting February 23, 2004 Page 2 of Page 4 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) Thompson stated that the subject property is located in the Harvest Bend Phase 2 Addition, which was platted in 1998. Thompson reviewed the vested rights regulations of the Texas Local Government Code, which states that applications for private development shall be considered solely on the basis of municipal regulations in effect at the time the property is platted. The Zoning Ordinance adopted on May 7, 1985 was in effect at the time the subject property was platted and, therefore, governs the lot dimensions. 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. Thompson stated that upon initial construction of the house a form survey reported incorrect measurements, indicating that the building was placed six (6) feet from the side property line at the front building line. The error was identified by the final survey, showing that the front corner of the house is actually located only 5.3 feet from the side property line. The requested variance will provide an interior side yard of 5.3 feet, rather than the required 6 feet. The subject lot is located on a street with a subtle curve, which makes the lot more than 10 feet narrower along the front property line than along the rear. The house, on the other hand, is equally wide at its front as the rear. Chairman LeBaron opened the Public Hearing. Mr. Glenn Dixon, Colonnade Homes, 2314 E. Hebron, Carrollton, Texas, represented as the applicant, stated that there are review processes in place to avoid errors as this, unfortunately, the error on the subject property was not recognized. Mr. Dixon stated that in the eleven years of being a homebuilder, this error is the first occurrence. Chairman LeBaron closed the Public Hearing. A motion was made by Mr. Morman, and seconded by Ms. Jourdan, to GRANT the variance from the required interior side yard setback from six (6) feet to five and three- tenths (5.3) feet. Motion carried 7 —0. ZBOA Commission Meeting February 23, 2004 Page 3 of Page 4 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) Thompson stated that 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 is zoned Commercial Corridor (CC). The planned self-storage/mini-warehouses are allowed by right in the CC District. The site plan also approved at time of platting indicated that the development would comply with all requirements of the development codes. However, subsequent design and engineering have concluded that desired building area as well as required parking and landscaping cannot be accommodated on the site. The applicant is requesting a variance to reduce the required landscaping from twenty (20) percent to seventeen (17) percent. Compliance with the landscape requirements will require reduction in the total size of buildings and related parking. Landscape is related to lot size (which is not anticipated to change) than to building size. 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 lot backs on to the railroad corridor on the north, and no development will occur immediately adjacent to the north property line. Chairman LeBaron opened the Public Hearing. Mr. Edd Haskins, 3631 Coral Gables, Dallas, Texas, represented the owner of the property, stated that the Site Plan was approved with stipulations of including a dumpster and fire hydrant. When re-designing the project to include the dumpster and fire hydrant, the available space for required landscaping was reduced. There will be 31 trees planted along F.M. 544 and McCreary Road. Primary access to the property will be from F. M. 544, however, large trucks can enter from McCreary Road. Chairman LeBaron closed the Public Hearing. A motion was made by Mr. Henry, and seconded by Mr. Morman, to GRANT the variance to the landscaping requirements from the required 20 percent to 17 percent. Motion carried 6— 1, with Chairman LeBaron voting against. ZBOA Commission Meeting February 23, 2004 Page 4 of Page 4 ADJOURNMENT A motion was made by Mr. Eric Alexander, and seconded by Mr. Randle Henry to adjourn the meeting at 7:45 p.m. Layne LeBaron, Chairman Mary Bradley, Secretary e„yof WIdle Public Hearing Item No. 1 ZBOA No. 2004-02 Zoning Board of Adjustment Public Hearing: April 26, 2004 Owner/Applicant: Michael Fredericks Location: 1404 Scottsdale Drive, being Lot 38, Block F, of the Quail Meadow Addition Request: Variance of Section 10.3(1)(b) of the 1985 Zoning Ordinance to reduce the required interior side yard setback from 5 feet to 1.5 feet Background: The subject lot was created by the platting of the Quail Meadow Addition, approved by the City Council in September of 2000 and filed with Collin County in May of 2001. The property is occupied by a single-story, masonry single-family residence, which includes an attached two-car garage accessible from the alley to the rear of the lot. At the time of platting, the property was zoned Single-Family Residential (SF-2), requiring two (2) enclosed parking spaces behind the front building line. Interior side yard setbacks were seven (7) for main structures and five (5) feet for accessory buildings such as garages and carports. The owner/applicant is requesting the variance in order to construct a covered carport to the rear of the existing garage, for parking of an oversized truck and trailered boat. The existing garage will remain as it is currently, available for normal sized vehicles. The proposed carport will be attached to the rear of the house and be constructed of metal with open sides, and parking will be on concrete. The carport will be located one and one-half (1.5) feet from the side property line. This is a variant of three and one- half (3.5) feet or nearly forty-three percent (42.9%). Except for the requested setback, the carport will comply with all regulations of the Zoning Ordinance which was in place when the lot was platted and the residence constructed. ZBOA 2004-02 The property abutting on the west, adjacent to the proposed carport, is occupied by a two-story masonry residence. The drive and garage of this neighboring residence is to the opposite/west side of its lot, away from the proposed carport. 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 thirty (30) properties within 200 feet of this request, as required by State Law. Two responses have been submitted at the time of this posting, both favoring the requested variance. 2. The subject lot is 72 feet wide, with no drainage or utility easements along the rear or sides to obstruct the location or access to the proposed carport. ZBOA 2004-02 3. The Zoning Ordinance in force when the lot was created and the house was constructed, as well as the current one, require that each residence maintain two enclosed parking spaces. The garage will remain operative for vehicle parking, so the property will continue to be in compliance with this regulation. The carport is to be used for special, over-sized vehicles, in addition to the spaces available within the garage. 4. The rear yard of the subject property is fenced (shown as "-x-x-" on the site plan) to the east of the drive and proposed carport. The carport will extend approximately 6 feet into the west side yard, and approximately 22 feet toward the alley on the north/rear. 5. The house was constructed with a rear yard of approximately 43 feet, rather than the 25 feet required by the Zoning ordinance at the time. The proposed carport will extend into the rear yard toward the alley a distance of 22 feet, leaving approximately 21 feet of drive remaining between the carport and the alley, which is sufficient length for most residential vehicles to park. Both the previous and current Zoning Ordinances require that garages and carports be at least 20 feet from the rear property line, with which the proposal complies. 6. The drive and garage of the residence on the abutting property to the west, most immediately adjacent to the proposed carport, are to the far west side of the lot. The proposed carport will be adjacent to the rear yard of this lot. 7. The rear yard of the abutting lot to the west is currently not fenced. However, should this yard be fenced in the future, the proposed carport will be 1.5 feet from such fence. 8. State law requires that municipalities consider development requests "solely on the basis of adopted requirements in effect at the time of platting". The 1985 Zoning Ordinance, which was in force when the subject lot was platted, provided no specific regulation of materials or color with which carports must be constructed, and the proposed flat-roofed, metal structure complies with this previous code. However, in 2003, the City Council adopted revisions to the regulations of carports and other accessory buildings which require that the color of roof and walls of such structures "must closely resemble the color and materials of the main building". Attachments: Location Map Site Plan Site Photographs Notification List and Map, With Response t i Til I -------Tr 0 * _I -1_, ._,,,___, _, IP if i\ _2 Willi ', 1.-ri nimipmesrvir. 11111,4Wiii_ 1 ille .-_&40_ A - "J . A' 2 ll ^ - �I,i+ ilk- - 1 ' !Ilia ' �, ./c cooing* 1,,:s1111111f1�iots�� ���tii111 i . i 1 . IIIIIIIIIIII o.—$��������I�Iugui Q fir.rt.-rr..�r•r.? -1- • 7 IIi1111111100 0 Subject �1i• �!L . 1i�111111111111►t �����t r Property —t�1Ir1111N1■ ■11111111.10L �.■I�I- ", 111111111111111��;�,����t1111111111/ 1 11 I I 1 1 11 111 ►ISA%; �m0I'11111 � _..__-, 111111111111111p 11111111111111�1/;�*���11 ■ ' I I I I I I 111 lit ` ��,/ ' . e F.r11r11i�,.,► 1_w /1111111111i111111�i . ----4 nP 1 Ell �. IIIi11II1 /// l 4• \*.**;- 14--1..."11 'F .11 1r'. � is t I I I l l 11�_ 1 1 11 1 l.� (1 I I 1 1 1 1 1 I 1 ENO „Wil I I I l l l l m 0441111 1 :� . IIIl 1 I1IiIIIIlI / 1.1 AS.. 1-1I II - .� . .. . o ■ C: ■_ 1��1 o ` - . ov _ !�;::l� �IIII/ 1ia iv I k.II U In ila 'CIPAri Arigillam 11111 'f • 11/i/ „MORN!! II illlhllillll, __---__..__ -, _ FT I 'i . ,'!� — 1 ,_ ,.. . ‘s--- At d LOCATION MAP ZBA CASE #2004-02 ALLEY 1/2" IRF S 89°56' 11" E 72.00' 1/2•' IRF e N " 1..4e'-'\-->k==)' ==X=7 r \0.3 t • ,< 0.4 0.4 C N�t LOT 38 (}-)\ V DR�1 CONC. •CBLOCK F `" • ��1 II ?all µ F o 4--). V )1PATIO 8.4 25.6 0 22.0 16.0 GARAGE N 3 w 0.4 .4' r` Q1 O1 o ONE STORY o M to O BRICK HOUSE "' O 0M O °O O J N Lrp O J O 0 In z 0 of N 0.4 1,- 8.0 27.3 a 7.6 pp ri X )ice (N4 13.5 16.0 25' BL o$ o17 Y F N of v m t7 3 0 obi- N u3 i N 89°56' 11" W 72.00' 1/2" IRF (CONTROL BEARING) 1404 SCOTTSDALE DRIVE 50' ROW ZBOA Case No. 2004-02 1404 Scottsdale Drive View of subject property and adjacent house from alley showing concrete poured for carport. N View of boat parked on concrete in side yard immediately across alley from subject house. ZBOA Case No. 2004-02 1404 Scottsdale Drive . 4161;-- rile View of accessory building built in side yard in vicinity of subject house. _r_-- ' f '► f ilia aWleginalliggia3r _ .. View of recreational vehicle parked on grass in the side yard in vicinity of subject house. NOTIFICATION REPORT APPLICANT: Michael Fredericks APPLICATION FILE ZBA #2004-02 1404 Scottsdale Drive Wylie, Texas 75098 ® _FOB X*- ASC*Att4S r # BLK/ABST LOT/TRACT TAX I.D. # PROPERTY OWNER NAME ADDRESS Applicant 1404 Scottsdale Drive 1 Michael Fredericks Wylie, Texas 75098 Quail Meadow 1404 Quail Meadow Drive 2 Blk D _ Lot 14 R-4746-00D-0140-1 Wesley Phares Wylie, Texas 75098 Quail Meadow 1406 Quail Meadow Drive 3 Blk D Lot 15 R-4746-00D-0150-1 James Pearson Wylie, Texas 75098 Quail Meadow 1408 Quail Meadow Drive 4 Blk D Lot 16 R-4746-00D-0160-1 Johnny Cana Wylie, Texas 75098 Quail Meadow 1410 Quail Meadow Drive 5 Blk D Lot 17 R-4746-00D-0170-1 Samuel Baum Wylie, Texas 75098 Quail Meadow 1415 Quail Meadow Drive 6 Blk F Lot 7 R-4746-00E-0070-1 Christopher Seely Wylie, Texas 75098 Quail Meadow 1413 Quail Meadow Drive 7 Blk F Lot 8 R-4746-00E-0080-1 Jose Salas Wylie, Texas 75098 Quail Meadow 1411 Quail Meadow Drive 8 Blk F Lot 9 R-4746-00E-0090-1 Vickie White Wylie, Texas 75098 Quail Meadow 1409 Quail Meadow Drive 0 9 Blk F Lot 10 R-4746-00E-0100-1 Michael Reed Wylie, Texas 75098 Quail Meadow 1407 Quail Meadow Drive 10 Blk F Lot 11 R-4746-00E-0110-1 Jose Aponte Wylie, Texas 75098 Quail Meadow 1405 Quail Meadow Drive 11 Blk F Lot 12 R-4746-00E-0120-1 Paul Ritch Wylie, Texas 75098 Quail Meadow 1403 Quail Meadow Drive 12 BIk F Lot 13 R-4746-00E-0130-1 Joseph Effiong Wylie, Texas 75098 Quail Meadow 1401 Quail Meadow Drive 13 BIk F Lot 14 R-4746-00E-0140-1 Christopher Nail Wylie, Texas 75098 Quail Meadow 1310 Scottsdale Drive 14 BIk F Lot 35 R-4746-00E-0350-1 Gary Calhoun Wylie, Texas 75098 Quail Meadow 1400 Scottsdale Drive 15 Blk F Lot 36 R-4746-00E-0360-1 Ruben Sanchez Wylie, Texas 75098 Quail Meadow 1402 Scottsdale Drive 16 Bik F Lot 37 R-4746-00E-0370-1 _ Brenda Reed Wylie, Texas 75098 Quail Meadow 1404 Scottsdale Drive 17 Bik F Lot 38 R-4746-00E-0380-1 Michael Fredericks Wylie, Texas 75098 Quail Meadow 1406 Scottsdale Drive 18 Bik F Lot 39 R-4746-00E-0390-1 Gary Gaines Wylie, Texas 75098 Quail Meadow 1408 Scottsdale Drive 19 Blk F Lot 40 R-4746-00E-0400-1 Casey Wynn Wylie, Texas 75098 Quail Meadow 1410 Scottsdale Drive 20 Bik F Lot 41 R-4746-00E-0410-1 Guadalupe Garcia, Jr. Wylie, Texas 75098 Quail Meadow 1315 Scottsdale Drive 21 Blk H Lot 1 R-4746-00H-0010-1 Elizabeth Pryor Wylie, Texas 75098 Quail Meadow 1313 Scottsdale Drive 22 Blk H _ Lot 2 R-4746-00H-0020-1 John Cain Wylie, Texas 75098 Quail Meadow 1311 Scottsdale Drive ® 23 Bik H Lot 3 R-4746-00H-0030-1 Gary Bardin Wylie, Texas 75098 Quail Meadow 1401 Scottsdale Drive 24 Blk G Lot 1 R-4746-00G-0010-1 Juan Soto Wylie, Texas 75098 Quail Meadow 1403 Scottsdale Drive 25 Blk G Lot 2 R-4746-00G-0020-1 Jeanne Graham Wylie, Texas 75098 Quail Meadow 1405 Scottsdale Drive 26 Bik G Lot 3 R-4746-00G-0030-1 Prudence Tergerson Wylie, Texas 75098 Quail Meadow 1407 Scottsdale Drive 27 Blk G Lot 4 R-4746-00H-0030-1 Jeffery Baker Wylie, Texas 75098 Birmingham Farms 3A 1402 Summerdale Lane 28 Bik C I Lot 13 I R-5129-00C-0130-1 Gregory Berg Wylie, Texas 75098 Birmingham Farms 3A 2800 Surveyor Blvd., Bldg. 1 29 Blk C I Lot 14 I R-5129-00C-0140-1 Centex Homes P/S Carrollton, Texas 75006-5144 Birmingham Farms 3A 2800 Surveyor Blvd., Bldg. 1 30 Blk F Lot 1 R-5129-00E-0010-1 Centex Homes P/S Carrollton, Texas 75006-5144 31 32 33 34 35 36 .715 19 18 17 16 15 14 13 12 1 op® a aiIMedo Drive „� � t . ..4 ;,s,:.t.ces*,,,:24.. :,,,,, rr 7 14 1 't d �1% u" Vi �X� z � „ "S, a s 44e i v 4a a .s t e .i n ' z'7 5 3 ) .::,4.2 c to, ;. c w :`�e' +1a1 '.' s4��°U�ffaa �T e1 's ,{R `� rk tx S.�w iC ,c bo f�J5 ,ptJ" d a R* ,� 4' �, 1ugh t ,5 -a y- � � •b * >, s :a ,, Y" B art) � re. `" �+7+"zay, 0/41e..1"c?3frA*1.1:c giMPW,_,A Ur ��t��� fps~: � ���� � �� $� z + .: t S r Fes_ $- ; (S) 0 1 '; 12 13 14 1 2 3 (I � — (0° ( 0 1oK X ---: / \61k11\i —T. ZBA CASE #2004-02 PUBLIC COMMENT FORM (Please type or use black ink) Planning Department 2000 Highway 78 North Wylie,Texas 75098 I‘ I am FOR the requested variance as explained on the attached public notice for ZBA Case #2004-02. I am AGAINST the requested variance as explained on the attached public notice for ZBA Case#2004-02. Date,Location&Time of Zoning Board of Adjustment meeting: Monday, April 26,2004,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: i////C/ ,— ---- C.. - ems'-D (pleassee print) j Address: /T' J Q 04A.' / G 0bC`1 it_.-- Signature: i�g . "" . 67 Date: 514/E� COMMENTS: PUBLIC COMMENT FORM (Please type or use black ink) Planning Department 2000 Highway 78 North Wylie,Texas 75098 v I am FOR the requested variance as explained on the attached public notice for ZBA Case #2004-02. I am AGAINST the requested variance as explained on the attached public notice for ZBA Case#2004-02. Date,Location&Time of Zoning Board of Adjustment meeting: Monday, April 26,2004, 7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: G( , 4 10' �C. s Q►�d,n (please print) Address: ` k t .S co 'l 1-. Signature: -.N (JQ't-( ,r1,Q, Date: I—WIN COMMENTS: