05-24-2004 (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, May 24, 2004
7:00 p.m.
CALL TO ORDER
CONSENT AGENDA
1. Consider and act upon approval of the Minutes of the April 26, 2004 Meeting.
SWEARING-IN OF SPEAKERS
PUBLIC HEARINGS
1. Hold a public hearing to consider and act upon a request by Gary Braley for a
variance to Section 7.B.I.e.1 of the 1962 Zoning Ordinance in order to decrease the
front yard setback from the required twenty-five (25) feet to twelve (12) feet, this
property being located at 503 South Ballard Avenue and being Lot 11 of Block A of
the Butler Addition. (ZBOA Case No. 2004-03)
•
SEAL •
E TEX
osted Enid y, May 21, 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.
AGENDA
Zoning Board of Adjustment
City Council Chambers, Wylie Municipal Complex
2000 Highway 78 North Wylie, Texas 75098
Monday, May 24, 2004
7:00 p.m.
CALL TO ORDER
CONSENT AGENDA
1. Consider and act upon approval of the Minutes of the April 26, 2004 Meeting.
SWEARING-IN OF SPEAKERS
PUBLIC HEARINGS
1. Hold a public hearing to consider and act upon a request by Gary Braley for a
variance to Section 7.B.I.e.1 of the 1962 Zoning Ordinance in order to decrease the
front yard setback from the required twenty-five (25) feet to twelve (12) feet, this
property being located at 503 South Ballard Avenue and being Lot 11 of Block A of
the Butler Addition. (ZBOA Case No. 2004-03)
•
SEAL •
E TEX
osted Enid y, May 21, 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
April 26, 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 Mary Bradley
Marilyn Herrera
Randle Henry
Layne LeBaron
Linda Jourdan
Wayne Morman
CALL TO ORDER
Chairman LeBaron called the meeting to order at 7:10 p.m.
CONSENT AGENDA
1. Consider and act upon approval of the Minutes of the February 23, 2004
Meeting.
A motion was made by Mr. Morman, and seconded by Mr. Henry, to approve the
minutes as submitted. Motion carried 7 - O.
SWEARING IN OF ADJUDICANTS
Mary Bradley, Secretary, administered the oath.
ZBOA Commission Meeting
April 26, 2004
Page 2 of 3
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)
Thompson stated that the subject property is located in the Quail Meadow Addition, the
plat for which was approved by the City Council in September 2000 and filed with Collin
County in May 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.
The applicant is requesting a variance to the west side yard and rear yard setbacks in
order to construct a covered carport to the rear of the existing garage, for parking of an
oversized truck and trailer boat. The required interior side yard setbacks are seven (7)
for main structures and five (5) feet for accessory buildings such as garages and
carports. The carport will be located one and one-half (1.5) feet from the side property
line. Rear yard setbacks are required to be 25 feet and the carport will be located 21
feet from the rear property line.
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. The carport is to be
used for special, over-sized vehicles, in addition to the spaces available within the
garage. The garage will remain operative for vehicle parking.
Chairman LeBaron opened the Public Hearing at 7:20pm.
Mr. Michael Frederick, 1404 Scottsdale Drive, Wylie, Texas, represented as the
applicant, stated that the carport will closely resemble the vinyl on the garage and will
be a metal structure with a flat roof. The purpose of the carport is to allow parking for
his over-sized truck and a boat, and provide shelter from inclement weather. The
carport will be attached to the garage.
Chairman LeBaron closed the Public Hearing at 7:30pm.
A motion was made by Mr. Henry, and seconded by Mr. Morman, to GRANT the
variance from the required drive side yard setback from five (5) feet to one and one-half
(1.5) feet five and from the required rear yard setback of 25 feet to 21 feet. Motion
carried 6— 1, with Ms. Jourdan voting against.
ZBOA Commission Meeting
April 26, 2004
Page 3 of 3
MISCELLANEOUS
1. Thompson asked the Board a preference for the day of meeting. The Board
stated unanimously that the fourth Monday of the month is the best night.
2. An article from The Wylie News, ranking the City of Wylie as one of the Top 100
communities from relocate in America was distributed and discussed. Thompson
mentioned the volunteers such as the Board members help make Wylie the
quality living place it is.
ADJOURNMENT
A motion was made by Mr. Wayne Morman, and seconded by Mr. Eric Alexander to
adjourn the meeting at 7:50 p.m.
Layne LeBaron, Chairman Mary Bradley, Secretary
r
, of
--tit*-of-VVVie Hearing Item No. 1
ZBOA No. 2004-03
Zoning Board of Adjustment Public Hearing: May 24, 2004
Owner/Applicant: Gary Braley
Location: 503 S. Ballard Avenue, being Lot 11, Block A of the
Butler Addition
Request: Variance of Section 7.B.I.e.1 of the 1962 Zoning
Ordinance to reduce the front yard from the required
25 feet to 12.0 feet
Background:
The subject property is occupied by a wood frame residence with an attached single-
car garage constructed in 1963. The house and street-facing garage entry is located
approximately thirty-two (32) feet from the front property line.
The applicant desires to construct a single-car carport to the front of the existing
garage in order to provide protection for his current passenger truck that is too large to
fit in the garage. The garage will remain available for parking or storage.
The portion of S. Ballard Avenue onto which the subject house fronts was recently
widened to a four lane divided thoroughfare, with new driveway approaches installed
for each residence including the subject property. The existing drive is gravel.
Section 245 of the Texas Local Government Code requires that municipalities consider
private development requests "solely on the basis of the adopted requirements in effect
at the time of the original request for permit is filed". It is impossible today to verify the
specific regulations that were in force at the time the subject lot was created. However,
the residence was constructed in 1963, and therefore should comply with the
development laws in place at that time, which were within the 1962 Zoning Ordinance.
ZBOA 2004-03
The 1962 Ordinance required one parking space per residential dwelling but does not
require that that space be covered or enclosed. That Ordinance required a front yard
setback of twenty-five (25) feet. The carport will be constructed the width of the
existing drive (20 feet) and 20 feet long, or 12.0 feet from the front property line rather
than the required 25 feet. This is a variance of 13.0 feet or 52% percent from the
requirement.
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-
five (35) properties within 200 feet of this request, as required by State Law. No
responses had been submitted at the time of this posting.
ZBOA 2004-03
2. The City of Wylie currently requires that all required parking spaces be 10 feet wide
and 20 feet long and be constructed of concrete. The construction of the carport as
proposed will comply fully with this current regulation, and allow sufficient space for
the oversized vehicle. The remaining 12 feet of drive will allow sufficient visibility
and private maneuvering room between the carport and the public street.
3. Wylie's parking spaces are larger than normally required elsewhere. Municipalities
often require 9 feet by 18 feet parking spaces, and it was not uncommon for older
regulations to allow as narrow as 8 feet spaces. The current State and National
requirement for handicapped parking spaces is 8.5 feet wide, when provided an
abutting dedicated landing/sidewalk of 3 feet. The size of the proposed carport and
drive is anticipated to accommodate most private passenger vehicles.
4. Neighboring residences were constructed at varied times and in compliance with
varied code regulations, some with and others without garages or carports. The
Board of Adjustment has approved several requests for carports in the immediate
vicinity of this request (414 S. Second Street and 504 S. Jackson Street) since a
severe hailstorm damaged unprotected vehicles in April 2003. The property
immediately to the north is an apartment complex with no covered parking
separated from the subject house by a concrete drainage flume. The remaining
single-family structures on this block were all constructed similarly with either no
garage or with only a single vehicle garage, and with gravel driveways.
5. The requirement for all parking and drives to be concrete is not a zoning regulation,
but an engineering requirement and a construction issue will be addressed during
the building permit process.
6. Although parking is currently required to be enclosed (garage), parking was not
required to be covered nor enclosed by the 1962 Zoning Ordinance to which the
property is allowed to comply. The carport is an addition desired by the applicant
that was not addressed by the previous code. However, the result brings the
property into closer compliance with the current requirement for two covered and
enclosed parking spaces.
7. Alternative locations for the new oversized carport and parking are limited to the
front yard because there is no developed alley to the rear, the concrete drainage
flume alone the north property line prevents wider access or swing drive to this side
and the existing residence prevents access from the south side in front. Thus, the
pattern of platted lots and development create a hardship justifying the variance.
8. The requested front yard variance is 13.0 feet or 52 percent of the required length.
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LOCATION MAP
ZBA CASE #2004-03
"LAND TITLE SURVEY"
BEING LOT 11, BLOCK A OF BUTLER SUBDIVISION, AN ADDITION
TO THE CITY OF WYLIE, COLLIN COUNTY, TEXAS, ACCORDING
TO THE PLAT THEREOF RECORDED IN VOLUME 2, PAGE 55,
MAP RECORDS, COLLIN COUNTY, TEXAS.
S. BALLARD AVENUE
REF. BRG. (ASSUMED)
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ZBOA Case No. 2004-03
503 S. Ballard Avenue
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Subject property showing single car garage with proposal to add carport.
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Existing carport located at 504 S. Jackson St. one block from subject house.
(Variance approved by ZBOA on January 27, 2003)
Cie d f1/I\ D PD/A /'1 C-
/ Fro vet VoAici 5e k l') e--k-s .
d. Prea Requirements: Lot area shall be not less than 6, 500
square feet with a minimum lot width of 60 .feet and a
minimum lot depth of 100 feet.
e. Yard Requirements: Each lot shall have front, side, and
rear yards not less than the depths or widths as follows:
1 . Front yard depth: 25 feet-
2. Rear yard depth: 25 feet .
3. Side yard width: 10% of lot width_.
f. Offstreet Parking and Suplementary Regulations: Refer to
Supplementary Regulations .
II. R-900-M
- a. Minimum Size: The minimum area of the main building shall
not be less than 900 square feet exclusive of garages, breeze•
ways and servant quarters ..
b. Tyne Material: The main structure shall be of Masonry con-
struction or any higher type building material.
c . Building Height Limit: No building shall exceed two and
one-half (2- 1 /2) stories nor thirty five (35) feet.
d. Prea Requirements: Lot area shall be not less than 6, 500
square feet with a minimum lot width of 60 feet and a mini-
mum lot depth of 100
feet.
fe et.
. d -�/ he"---- ^
eTar Requirements: ahlohall have front, side, and
rear yards not less than the depths or widths as follows:
1+tFx0nt yard dee� 25� fe_el_.. 1-
(.\_____>" 2. Rear yard depth: 25 feet
3. Side yard width: 10% of lot width
f. Offstreet Parking and Supplementary Regulations: Refer to
Supplementary Regulations.
III. R- 1100-M
a. Minimum Size: The minimum area of the main building sha
not be less than 1 , 100 square feet exclusive of garages,
breezeways and servants quarters .
8
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C. Offstreet Parking
In order to reduce congestion in the streets the following offstreet
parking spaces shall be provided and mafter ithe date ned, by heoft Os er of-
the property, for each building which,
in
ance, is erected, enlarged or altered for use for any of the follow-
ing purposes:
r 1 . Dwelling - at least one parking space for each dwelling unit in
the building or buildings .
2. Auditorium, stadium, theater or other places of public assembly;
establishments for the sale consumption each square
the
food or beverage - at leastone parking
a k ng space for
feet of floor area.
3. Dance halls, skating rinks, and assembly halls without fixed
seats - at least one parking space for each one hundred (100)
square feet of floor area used for dancing, skating or assembly.
4. Hotel - at least one parking space for each o.vo (2) guest sleeping
zooms
5. Retail stores, office buildings, clinics - at least one parking
space for each five-hundred (500) square feet of floor area.
6. Shops, wholesale distributors, industrial or manufacturing es-
stablishments - at least one parking area or forace for each each five (5)one employees thousand
(1, 000) square feet of floor
on the largest shift, whichever is greater.
All required parking spaces shall be on the same lot withheibullditog, ex-
cept that if the Governing Body determines thatit is
P
pro-
videractc parking on the same lot, said Governing
Body may
et of the buildin permit the parking
spaces to be on any lot within five-hundred
19
NOTIFICATION REPORT
APPLICANT: Gary Louis Braley APPLICATION FILE ZBA#2004-03
503 S. Ballard Ave. Wylie, Texas 75098
# BLK/ABST LOT/TRACT TAX I.D. # PROPERTY OWNER NAME ADDRESS
Applicant 503 S. Ballard Avenue
1 Gary Louis Braley Wylie, Texas 75098
Kellers 1st Addn 1614 Paisley Drive
2 Blk 5 Lot 8 R-1166-005-0060-1 Barbara Martin Arlington, Texas 76015-2242
Kellers 1st Addn 500 S. Ballard Avenue
3 BIk 8 Lot 1 R-1166-008-0010-1 Jodi Hines Wylie, Texas 75098
Kellers 1st Addn 500 S. Ballard Avenue
4 Blk 8 Lot 2 R-1166-008-0010-1 Jodi Hines Wylie, Texas 75098
Kellers 1st Addn 2316 Ingram Road
5 BIk 8 Lot 3 R-1166-008-0030-1 Jose Orozco Sachse, Texas 75048-3020
Kellers 1st Addn 2316 Ingram Road
6 Blk 8 Lot 4 R-1166-008-0030-1 Jose Orozco Sachse, Texas 75048-3020
Kellers 1st Addn 2194 Beaver Creek
7 BIk 8 Lot 5 R-1166-008-0050-1 Kelly Thedford Wylie, Texas 75098
Kellers 1st Addn 2194 Beaver Creek
8 Blk 8 Lot 6 R-1166-008-0050-1 Kelly Thedford Wylie, Texas 75098
Kellers 1st Addn 111 College Street
9 BIk 8 Lot 7 R-1166-008-0070-1 James Munley Wylie, Texas 75098
Kellers 1st Addn 111 College Street
10 BIk 8 Lot 8 R-1166-008-0070-1 James Munley Wylie, Texas 75098
Calloway Addn 3314 Springwell Pkwy.
11 BIk 1 Lot 1 A R-1160-001-001 A-1 Lenore Marren Wylie, Texas 75098
Butler Addn 4209 Country Club Drive
12 BIk A Lot 8 R-1157-001-0060-1 Kroviak Kompanies LC Plano, Texas 75074-3609
Butler Addn 4209 Country Club Drive
13 Blk A Lot 9 R-1157-001-0060-1 Kroviak Kompanies LC Piano, Texas 75074-3609
Butler Addn 4209 Country Club Drive
14 Blk A Lot 10 R-1157-001-0060-1 Kroviak Kompanies LC Plano, Texas 75074-3609
Butler Addn 503 S. Ballard Avenue
15 BIk A Lot 11 R-1157-001-0110-1 Bobby Brailey Sr. Wylie, Texas 75098
Butler Addn 100 Thompson Drive
16 BIk A Lot 12A R-1157-001-012A-1 Herbert Smith, Jr. Richardson, Texas 75080-5517
Butler Addn 100 Thompson Drive
17 Blk A Lot 12B R-1157-001-012E-1 Herbert Smith,Jr. Richardson, Texas 75080-5517
Butler Addn 100 Thompson Drive
18 BIk A Lot 13A R-1157-001-012B-1 Herbert Smith, Jr. Richardson, Texas 75080-5517
Butler Addn 100 Thompson Drive
19 Blk A Lot 13B R-1157-001-013B-1 Herbert Smith, Jr. Richardson, Texas 75080-5517
Butler Addn 100 Thompson Drive
20 Blk A Lot 14 R-1157-001-013E-1 Herbert Smith, Jr. Richardson, Texas 75080-5517
Butler Addn 100 Thompson Drive
21 BIk A Lot 15B R-1157-001-013E-1 Herbert Smith, Jr. Richardson, Texas 75080-5517
Butler Addn 100 Thompson Drive
22 BIk A Lot 15A R-1157-001-015A-1 Herbert Smith,Jr. Richardson, Texas 75080-5517
Lavon Terrace PO Box 1138
23 BIk A Lot 8 R-1168-001-0080-1 Jerry Tyler Greenville, Texas 75403-1138
Lavon Terrace 314 S. 1st Street
24 BIk A Lot 9 R-1168-001-0090-1 Joel Salazar Wylie, Texas 75098
Lavon Terrace 316 S. 1st Street
25 Blk A Lot 10 R-1168-001-0100-1 Jonathan Lupplace Wylie, Texas 75098
Lavon Terrace 318 S. 1st Street
26 Blk A Lot 11 R-1168-001-0110-1 Justin Coleman Wylie, Texas 75098
Lavon Terrace 320 S. 1st Street
27 Blk A Lot 12 R-1168-001-0120-1 John Kelsey Wylie, Texas 75098
Lavon Terrace 2303 Rock Creek Estates Lane
28 BIk A Lot 13 R-1168-001-0130-1 Ronald Gentry Allen, Texas 75002-8363
Lavon Terrace 324 S. 1st Street
29 BIk A Lot 14 R-1168-001-0140-1 Arthur Harris, Jr. Wylie, Texas 75098
Lavon Terrace 326 S. 1st Street
30 Blk A Lot 15 R-1168-001-0150-1 Charles Strous Wylie, Texas 75098
Lavon Terrace 328 S. 1st Street
31 BIk A Lot 16 R-1168-001-0160-1 Trini Paredes Wylie, Texas 75098
Lavon Terrace 319 S. 1st Street
32 BIk B Lot 11 R-1168-002-0110-1 Brian Jones Wylie, Texas 75098
Lavon Terrace 321 S. 1st Street
33 BIk B Lot 12 R-1168-002-0120-1 Jeffrey Jones Wylie, Texas 75098
Lavon Terrace 3913 Promontory Pt.
34 BIk B Lot 13 R-1168-002-0130-1 James Magee Plano, Texas 75075-3546
Lavon Terrace 4000 Central Expy. #9
35 Blk B Lot 14 R-1168-002-0140-1 Roberto Sanchez Plano, Texas 75074-2279
FM 2514 Bill Lovil, PE PO Box 90
36 Ballard Ave Texas Dept of Transportation McKGnney, Texas 75069
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ZBA CASE #2004-03
PUBLIC COMMENT FORM
(Please type or use black ink)
Planning Department
2000 Highway 78 North
Wylie,Texas 75098
I am FOR the requested variance as explained on the attached public notice for ZBA Case
#2004-03.
2‹, I am AGAINST the requested variance as explained on the attached public notice for ZBA
Case#2004-03.
Date,Location&Time of
Zoning Board of Adjustment meeting: Monday,May 24, 2004,7:00 pm
Municipal Complex,2000 Highway 78 North, Wylie,Texas
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Name: �— 4 1 R.A 4 l 6 J Gt 1-ED cjr
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Address: 324 5 . r5
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Signature: .(5L# 42 - -- -77-#1-w-----7S4 -
Date: S -ZO ` O
COMMENTS:
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