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)
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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++
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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
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LOCATION MAP
ZBA CASE #2004-02
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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.
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View of boat parked on concrete in side yard immediately across alley
from subject house.
ZBOA Case No. 2004-02
1404 Scottsdale Drive
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View of accessory building built in side yard in vicinity of subject house.
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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
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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
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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: