06-14-2004 (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, June 14, 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) Continued from the May 24
meeting
2. Hold a public hearing to consider and act upon a request by Kevin G. Belew for a
variance to Section 26.3 of the 1985 Zoning Ordinance in order to increase the
height of an accessory building from the maximum fifteen (15) feet to eighteen (18)
feet, this property being located at 513 South Foxwood Lane and being Lot 8 of
Block B of the Stone Grove Phase 1 Addition. (ZBOA Case No. 2004-04)
SEAL = //po
Posted Friday, June 11, 2004 at 5 614, .� ..... XpS‘ .
THE WYLIE MUNICIPAL COMPLEX IS WHEELCHAIR ACCESSIBLE. SIGN INTERPRETATION OR OTHER SPECIAL WAISTANCE 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
:4(
City of Wylie
June 14, 2004
Regular Business Meeting
AGENDA
Zoning Board of Adjustment
City Council Chambers, Wylie Municipal Complex
2000 Highway 78 North Wylie, Texas 75098
Monday, June 14, 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) Continued from the May 24
meeting
2. Hold a public hearing to consider and act upon a request by Kevin G. Belew for a
variance to Section 26.3 of the 1985 Zoning Ordinance in order to increase the
height of an accessory building from the maximum fifteen (15) feet to eighteen (18)
feet, this property being located at 513 South Foxwood Lane and being Lot 8 of
Block B of the Stone Grove Phase 1 Addition. (ZBOA Case No. 2004-04)
SEAL = //po
Posted Friday, June 11, 2004 at 5 614, .� ..... XpS‘ .
THE WYLIE MUNICIPAL COMPLEX IS WHEELCHAIR ACCESSIBLE. SIGN INTERPRETATION OR OTHER SPECIAL WAISTANCE 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
Monday, May 24, 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
Marilyn Herrera Mary Bradley
Randle Henry
Layne LeBaron
Board Members Absent:
Weldon Bullock
Linda Jourdan
Wayne Morman
CALL TO ORDER
Chairman LeBaron called the meeting to order at 7:15 p.m.
CONSENT AGENDA
1. Consider and act upon approval of the Minutes of the April 26, 2004 Meeting.
A motion was made by Mr. Henry, and seconded by Mr. Alexander, to approve the
minutes as submitted. Motion carried 4 — 0.
PUBLIC HEARING
1. ZBOA Case Number 2004-03
The State Law requires at least four Board Members to make a quorum to hear and
approve a variance. Because there were only four Board members present, Chairman
LeBaron recommended that the hearing be postponed until additional members could
be present to consider the request. The applicant and all Board members agreed to
reschedule the Meeting to June 14, 2004. No one else was present to address the
request.
ZBOA Commission Meeting
May 24, 2004
Page 2 of 2
ADJOURNMENT
With no further business to discuss, a motion was made by Mr. Alexander, and
seconded by Ms. Herrera, to adjourn the meeting at 7:16PM.
Layne LeBaron, Chairman Mary Bradley, Secretary
- C, of-Wylie
Public Hearing Item No. 1
ZBOA No. 2004-03
Zoning Board of Adjustment Public Hearing: June 14, 2004
Continued from May 24, 2004 Meeting
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. One
response, opposing the request, 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.
ZBOA 2004-03
Attachments:
Location Map
Site Plan (Illustrating requested variance)
Site Photographs
Zoning Ordinance Yard and Parking Requirements
Notification List and Map
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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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(Variance approved by ZBOA on January 27, 2003)
t l Z6mii,i oieD/APINC'
i. rro tki- Yzvvc-1 5e 4-j be---k-5
d. P.rea Requrements: 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. Type 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. :area Requirements: Lot area shall be not less than 6, 500
square feet with a minimum lot width of 60 feet and a mini-
m um l o t d th of 100 feet. —�--�/���'�s�Th
e,�ard Requirem'e tc.-E h the depths or lot shall vwidths e 'as slfollode, a-sa
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rear yards not less than
(6./'
21 . Fo t ad d th e `25 ~e �_,
Rear yard depth: 25et 3. Side yard width: 10% of lot width
f. Offstreet Parking and Supplementary Re ulations: Refer to
Supplementary Regulations.
III. R- 1100-M
a. Minimum Size: The minimum area of exclusive main buildin of garageg�shall
not be less than 1 , 100 square feet
breezeways and servants quarters .
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PAArkivt R/thicatiAijs
C. Offstreet Parking
lowing
et
In order to reduce congestion in and maentained the olby the O�vnereof
parking spaces shall be providedafter the date of this the property, for each building which,
ordin-
ance, is erected, enlarged or altered for use for any of the follow-
ing purposes:
:. 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 and consumption pce for1e premises of
each 150 square
food or beverage - at least one parking
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 two (2) guest sleeping
rooms .
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 or for each five (5) employees
ao thousand
(1, 000) square feet of floor area
on the largest shift, whichever is greater.
All required parking spaces shall be on the same
tlst with the
ibulldig, ex-
cept that if the Governing Body determines arkin
pro-
vide parking on the same lot, said Governing Body may
eet of the building.the
parking
spaces to be on any lot within five-hundred (500)
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 Blk 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 Blk 8 Lot 3 R-1166-008-0030-1 Jose Orozco Sachse, Texas 75048-3020
Kellers 1st Addn 2316 Ingram Road
)0Q 6 Blk 8 Lot 4 R-1166-008-0030-1 Jose Orozco Sachse, Texas 75048-3020
$1 I I Kellers 1st Addn 2194 Beaver Creek
ran 7 Blk 8 Lot 5 R-1166-008-0050-1 Kelly Thedford Wylie, Texas 75098
fill" Kellers 1st Addn 2194 Beaver Creek
8 Blk 8 Lot 6 R-1166-008-0050-1 Kelly Thedford Wylie, Texas 75098
ZP
Kellers 1st Addn 111 College Street
Z9 Blk 8 Lot 7 R-1166-008-0070-1 James Munley Wylie, Texas 75098
101 Kellers 1st Addn 111 College Street
44 10 Blk 8 Lot 8 R-1166-008-0070-1 James Munley Wylie, Texas 75098
Calloway Addn 3314 Springwell Pkwy.
11 Blk 1 Lot 1 A R-1160-001-001 A-1 Lenore Marren Wylie, Texas 75098
Butler Addn 4209 Country Club Drive
12 Blk 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 Plano, 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 Blk A Lot 11 R-1157-001-0110-1 Bobby Brailey Sr. Wylie, Texas 75098
Butler Addn 100 Thompson Drive
16 Blk 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 Blk 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 Blk A Lot 15A R-1157-001-015A-1 Herbert Smith, Jr. Richardson, Texas 75080-5517
Lavon Terrace PO Box 1138
23 Blk 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 BIk 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
X 30 Blk A Lot 15 R-1168-001-0150-1 Charles Strous Wylie, Texas 75098
Lavon Terrace 328 S. 1st Street
31 Blk 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 Blk B Lot 12 R-1168-002-0120-1 Jeffrey Jones Wylie, Texas 75098
Lavon Terrace 3913 Promontory Pt.
34 Blk 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 Mcllnney, Texas 75069
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ZBA CASE #2004-03
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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.
•
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
Name: #(' o�j ' !RA4 1 it 670.--ED tc.5
(please print)
Address: 3Z4 5 . �5
Signature: f
76
Date: fj -ZD O ei-
COMMENTS:
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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.
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,June 14,2004,7:00 pm
Municipal Complex,2000 Highway 78 North,Wylie,Texas
Name: il/?id / C) € O k o a co
(please print)
Address: (93/4 f NG ri
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Signature: . -e...1l a/17 l_ JZ .L
Date: 0 6 " O 6 -- 1 7 D
COMMENTS: 1 0
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Public Hearing Item No. 2
ZBOA No. 2004-04
Zoning Board of Adjustment Public Hearing: June 14, 2004
Owner/Applicant: Kevin G. Belew
Location: 513 South Foxwood Lane, being Lot 8 of Block B of
the Stone Grove Phase I Addition
Request: Variance of Section 26.3 of the 1985 Zoning
Ordinance to increase the allowed maximum height of
an accessory building from 15 feet to 18 feet
Background:
The subject lot was created in 1987 by platting of Benedict Estates, later changed to
the Stone Grove Addition. The property was originally zoned as a Planned
Development District (PD 85-60), which was amended in 1993 (PD 93-29).
The Conditions of the Planned Development District includes special Design Standards
to regulate the development, but generally tied the development to the standard
requirements of the Single Family-1 (SF-1) Residential District of the 1985 Zoning
Ordinance. The PD regulations did not specifically address accessory buildings, and
accessory buildings are therefore subject to the standard regulations of Section 26.3 of
the Ordinance.
The owner of the subject lot recently initiated construction of an accessory building
within the rear yard. The accessory building is two-story and will reach to a height of
18 feet. Section 26.3 of the applicable Zoning Ordinance states that "an accessory
building is restricted in height to 15 feet or the height of the main structure, whichever
is less". The main residence is a two-story structure, the height of which is
approximately 36 feet. No electricity, water or sewerage will be provided to the
accessory building, nor will it qualify for human habitation as planned.
ZBOA 2004-04
In March, the applicant applied for a building permit from the Building Inspection
Department, with plans indicating a height of 17 feet for the accessory building, and
was informed that the maximum allowed height was 15 feet. He then submitted a
request for a variance to the Planning Department (to be heard by the Zoning Board of
Adjustment) to allow a height of 18 feet. He subsequently withdrew the request for
variance and was refunded his fee, staff believing that he intended to construct the
building the maximum-allowed 15 feet.
The applicant has subsequently framed and partially sheathed the accessory building
at an approximate height of 18 feet. The attached photographs reveal that the building
is largely complete. A citizen complaint was made to the City that the building was too
high and was a visual nuisance to traffic along Stone Road. The applicant was given a
"stop-work" order by the Building Official when it was noted that the building exceeded
the allowed height, and reapplied for the currently-requested variance. The variance
need is an increase of 3 feet or 20% above the height allowed by code.
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
ZBOA 2004-04
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 twelve
(12) properties within 200 feet of this request. One response representing two lots
had been submitted at the time of this posting, opposing the requested variance.
2. The City of Wylie initially established maximum height regulations for residential
accessory buildings with the 1985 Zoning Ordinance, at the lesser of 15 feet or the
height of the main structure. In 1999, specifically to allow larger agricultural
buildings, the City Council increased the maximum size of such buildings to two
stories (or approximately 36 feet) when on lots of two (2) acres or larger. The July
2000 revisions to the residential requirements of the Zoning Ordinance reaffirmed
the maximum height of accessory buildings on detached residential lots at 36 feet
and at 40 feet on common multifamily lots. However, in direct response to the
proliferation of larger accessory buildings within developed residential
neighborhoods, the maximum height was reduced to 14 feet with the adoption of the
new Zoning Ordinance in September of 2003 (the new Ordinance also requires that
siding match the main structure — ie; be masonry).
3. There are no known accessory buildings within the Stone Grove community which
are higher than the 15 feet allowed by code.
4. The higher accessory building is located within the rear yard, and largely screened
from view of other residences within the subdivision, although it is clearly visible
from the immediately adjacent lots to either side. The building is also visible from
Stone Road, a major traffic collector.
5. The accessory building will comply with all setback requirements of the current
Zoning Ordinance, but will not be provided with utilities and will not qualify for
habitation. The building will also replace a smaller accessory building which
currently exists in the rear yard, and will accommodate yard maintenance equipment
currently stored outside within the back yard.
6. The requested variance in height is three (3) feet or twenty (20) percent larger than
the maximum allowed fifteen (15) feet.
7. City staff was in error when the building permit was issued for a building when the
plans indicated a height of 17 feet rather than the allowed 15 feet. Conflicting
communications is the only available explanation for the staff withdrawing the
variance application and issuing the permit. The permit issuing and review process
already provides sufficient monitoring to identify and correct such conflicts between
code and construction, and revoking the permit was the only legal option available.
ZBOA 2004-04
8. The applicant has an investment of funds and time in the partially constructed
building (completed cost is estimated on the Building Permit at $2,000). However, it
is illegal completed as planned, and it could also be a potential liability for sale or
refinancing the property.
9. The Board may approve the variance, deny the variance or approve a substitute
variance less that than requested.
Attachments:
Location Map
Site Photographs
City of Wylie Building Permit Issued for the Accessory Building
Site Plan Indicating Location of the Accessory Building
Drawings of the Building Indicating Measurements
Design Standards for the Stone Grove Planned Development District (PD 92-39)
1985 Zoning Ordinance Requirements for Accessory Buildings
Notification List and Map, with Responses
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LOCATION MAP
ZBA CASE #2004-04
ZBOA Case No. 2004-04 - 513 South Foxwood Lane
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will be removed). Stone Road is across fence at center and behind existing building.
City of Wylie BUILDING PERMIT APPLICATION
Building inspections ections Print or Type in a Clear,Legible Manner PERMIT# / r L 1C, o" r
Job Address: 3--/3 z ro'n:,,.)0 F ./.,=t.',.t c Date: 3/// /oq
' R Phase:
Lot: Block: 3 Subdivision: TT •l ��
Owner: r ' . '-2 1 - Address: Si3 :: x ;.1 �+' - -tE'. Phone: 2/ '-- k,9- %&8
Contractor: `Add res a Phone: ?7,,2
;;�;t Total Square Footage: Value of Project:
Description of work to be done: , �� o 0
( CY( k f F.irstt+Floor Second Floor Nbr. of Bedrooms: Nbr. of Baths:
e 4 l,`°'1 /" �,)CO{r'If ?ri.Gt L'el c,,, S :-Iic-it:e &cam.,-
114(
�``='F Garage
Water Meter Size: Quantity:
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,(; y� /� ' J / / Electric Provider:
,�;'t,1JLl A)7` (_'7' -T E 0/1 A 1I e=�l/ v. d' `;;,�fi. ti..:t A. ....
Plumbing Contractor Mechanical Contractor Electrical Contracto-r.,
Gas Provider:
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Company Name Company Name Company Name ,1 GRAY AREA ISi.FOR'OFFICE USE ONLY
ButldingzFee -Water Impact ti4; * . 3 £
NOTICE
Electrical t � A Sewer Impact ;°�� '��`
This permit becomes null and void if work or construction authorized is not commenced within
180 days,or construction on work is suspended or abandoned for a period of 180 days at any time
after work is commenced.
Plumbing Impact Fee Total
I hereby certify that I have read and examined this application and know the same to be true and MPG h ant a1; ai 17 p ,
correct. All provisions of laws and ordinances governing this type of work will be complied with ,- k'r"' �, .., Bld Ins wTOtal * °
whether specified herein or not. The granting of a permit does not presume to give authority to Plan''Review Fee : g. p
violate or cancel any other Federal,State or local law regulating construction or the performance of
construction. Fence' Grand Total
'Lawn sprinkler and fence permits expire G0 days from the date of issue. Swimming pool permits Zoning - '
expire 180 day m date of issue.
���E t,i,,k3 Approved: Date Issued:-
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licant's Signature Print Name
Comments:
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BEAR.NC/5 ARE BASED ON PEAT o _ ---'
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T--k5 SURVEr 15 VALID ONLY k11-1-1 ORIGINAL OIGNATURE IN BLACK NK, eSMl!Fissiiiiiiii
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THIS IS TO DECLARE that on this date a survey leas made on the ground, under my direction end supervision of
1 the property located et 513 S. FOXWOOD LANE, and 'Being Lot 8, Block B of STONE GROVE, PHASE I, en Addition to
the City of WYLIE, CO!TIN County, Texas, according to the *1.Plat ...pronf r00.000010.A t., ct,..1........... 0, 0-,....__ ..,..... ..
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS, as follows:
SECTION I
(a) That the Comprehensive Zoning Ordinance, as Codified by Section 1, of Chapter 12 of
the Wylie City Code, be, and it hereby is, amended by amending the Zoning District Map, as
the same currently exists, so as to change the zoning classification on the following described
property, to wit:
The Entirety of Stone Grove Subdivision in the City of Wylie,
Collin County, Texas
from Planned Development with no permitted uses are requirments to Planned Devel ment
with the uses and restrictions as hereinafter set out;
(b) The use of all propertyin such area beinglimited to andgoverned bythe following o g
conditions:
r� Permitted Uses: Those set forth in Section 9.0 of the Chapter 12 of the Wylie City Code
pertaining to SF-1 Zoning Classification.
Height Regulations:: Those set forth in Section 9.1 of Chapter 12 of the Wylie City Code
pertaining to SF-1 Zoning Classification.
Area Regulations: Those set forth in Section 9.2 of Chapter 12 of the Wylie City Code
pertaining to SF-1 Zoning Classification; except for sub section (3) thereof "Minimum
Dwelling Size" which is hereby established and set at 2,000 square feet.
Garage Entry: No garage entry shall face, or open to, any street which is adjacent to the
lot on which it is located.
(c) The above provided uses being generally in conformance with the standards
and regulations associated with the SF-1 zoning district classification, except for the variations
from such standard requirements as herein above set forth.
SECTION II
The stated purpose and intent of granting the within specified Planned Development
Designation is to allow development of the lots in a fashion more consistent with and
2
§ 25
WYLIE CODE
25.7. Minimum structure
or
25. The wallc standards exterior
for all start-
uc-
dards.in Te vexteri r ricts shall be in accordance C The minimum exterior wall standards eplanned development and specific use
with the following standards: mit shall be of exterior fire resistant con-
with Exterior wall standards, residential. per-
tionstruction as specified byon
A• Exterior wall construction for dinance. the amending or-
tures to be used as a residence, located in D. Exterior wall construction other than in
al-
any zoning tobe district [shall] consiste, of a min-in accordance with this section
in um o 75 percent mason lowed onlyshall
veneer. For7 the masonry or masonry percn issuance of a specific2 use
purpose of this section zoning
in accordance with section 23 of the
masonry or masonry veneer are [is] defined zoning ordinance.
as brick, stone, decorative concrete block,
or such other similar material as a 25.7.3. [Percentage of fire resistant ctiononst uc-
by the building official. roved tion.] Exterior fire resistant construction as
PP
herein specified for residential structures shall
B. No single wall face of any residence shall
consist of the designated percentage of the total
ex exterior wall surface exclusive of windows and
contain less than 50 percent of its surface of mason Posed doors.
specified. �' construction as herein (Ord. No. 93-22,
C. Exterior wall construction for residential 7-27-93)
III, 4-13-93; Ord. No. 93 34, I
structures, other than in
accordance with Section 26. Accessory
this section, shall be allowed onlyn on issu- building regulations.
with section 23 of the zoning o accordance seer 1. In a residence or apartment
D• Where more than 60 ordinance. ory dinate district, an
ceeding q building is a subordinate building
percent of[the] exist- 120 square feet of floor area, attached to
without
ing number of residential structures along
both sides of street an lyingor detached from the main building,
te separateommerbath por kitchen facilities,rnnote used for
two nearest intersecting streets betweeno not meet
the above minimum standards, the build_ commercial purposes
and not rented.
s
ing official maynew 26.2. In other districts, an accessory
be equal to that majority existing, i to a subordinate building,
ry building i-
case less than required by but in no dental to and used only ine conjunction wit use of which ish the
Building Code. the Uniform main building.
25.7.2. Nonresidential exterior wall standards. r~�������^('
26.3. An accessory building ��, i
A. Minimum exterior wall standards for non- Lure, whichever is les is restricted in
height to 15 feet or the height of the main struc-
residential structures shall be of at least 75
percent brick, `- ��. - s'
stone brick v �`�� �'J
treated tilt wall, decorative concrete block,cust 26 4.Area regulations for access ory residential and apartment districts. buildings in
[or] glass. These standards shall apply to (1) Size o
any wall or portion of wall fronting
, siding of yards.
g upon a thoroughfare, and on all (a) Front yard. Attached front accessory
walls facing or abutting residential zoned
districts. building shall have a front yard not
B. This construction standard shall applyless than the main building or as spec-
the followingonstr to ified in the particular district. Acces-
districts: sory buildings and carports shall be
R
located in the area defined as the rear
B-1 yard.
I
B-2 (b) Side yard. There shall be a side yard
not less than five feet from any side lot
line, alley line, or easement line; ex-
CDA:34
NOTIFICATION REPORT
APPLICANT: Kevin Belew APPLICATION FILE ZBA#2004-04
513 S. Foxwood Lane Wylie, Texas 75098
# BLK/ABST LOT/TRACT TAX I.D. # PROPERTY OWNER NAME ADDRESS
Applicant 513 S. Foxwood Lane
1 Kevin Belew Wylie, Texas 75098
Stone Grove 1 1020 Foxwood Lane
2 Blk A Lot 20 R-2248-00A-0200-1 James Sharp Wylie, Texas 75098
1022 Foxwood Lane
3 Blk A Lot 21 R-2248-00A-0210-1 John Jackson Wylie, Texas 75098
1022 Foxwood Lane
4 BIk A Lot 22 R-2248-00A-0220-1 John Jackson Wylie, Texas 75098
1019 Foxwood Lane
X 5 Blk B Lot 5 R-2248-00B-0050-1 Peter Zeller Wylie, Texas 75098
1019 Foxwood Lane
6 BIk B Lot 6 R-2248-00B-0060-1 Peter Zeller Wylie, Texas 75098
1023 Foxwood Lane
7 Blk B Lot 7 R-2248-00B-0070-1 John Knackstadt Wylie, Texas 75098
513 S. Foxwood Lane
8 BIk B Lot 8 R-2248-00B-0080-1 Kevin Belew Wylie, Texas 75098
511 S. Foxwood Lane
9 BIk B Lot 9 R-2248-00B-0090-1 Paul Davis Wylie, Texas 75098
509 Foxwood Lane
10 BIk B Lot 10A R-2248-00B-010A-1 Paul Curtis Wylie, Texas 75098
5001 LBJ Freeway#830
11 Abst 979 Tract 25 R-6979-000-0250-1 Bozman Farm Development Dallas, Texas 75244-6153
Collin County 210 S. McDonald Street
12 Stone Road Commissioner's Court McK lnney, Texas 75069
13
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ZBA CASE #2004-04
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
#2004-04.
•
(` I am AGAINST the requested variance as explained on the attached public notice for ZBA
Case#2004-04.
Date,Location&Time of
Zoning Board of Adjustment meeting: Monday,June 14,2004,7:00 pm
Municipal Complex,2000 Highway 78 North,Wylie,Texas
Name: ?if-re/2 �'n r/c.ct-+J 2c-✓�-
(please print)
Address: /v i' Fox w Q 01.) Lon+c
wy C rX oc
Signature:
Date: iotf
COMMENTS:
cui1y ton Prnmir m /}n;L)1 SSvC 4?-,s2 To 14,e,4,;cc
t p i ?
z� t-c , AT Ic 1 i' P e ,aU;z-�,n! C
wriy b E , T r4 Y C TO L"X c_.czo /5 rT
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
#2004-04.
I am AGAINST the requested variance as explained on the attached public notice for ZBA
Case#2004-04.
Date,Location&Time of
Zoning Board of Adjustment meeting: Monday,June 14, 2004,7:00 pm
Municipal Complex,2000 Highway 78 North,Wylie,Texas
Name: Frqui VA- kJ
(please print)
Address: S/ ( W G 0 G
�✓y 1 X
Signature: � L+��2✓��G'l�`�
Date: (% J/ 3 - „2(x)Ll
COMMENTS: