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07-26-2004 (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, July 26, 2004 7:00 p.m. CALL TO ORDER CONSENT AGENDA 1. Consider and act upon approval of the Minutes of the June 14, 2004 Meeting. SWEARING-IN OF SPEAKERS PUBLIC HEARINGS 1. Hold a public hearing to consider and act upon a request by Bret Jacks for a variance to Sections 7.B.I.e.1 and 8.D of the 1962 Zoning Ordinance in order to decrease the front yard setback from the required twenty-five (25) feet to four and eight-tenths (4.8) feet, this property being located at 441 and 443 South Fourth Street and being Lot 1 of Block A of the Trails Addition. (ZBOA Case No. 2004-05) 2. Hold a public hearing to consider and act upon a request by Mark Rumenapp for a variance to Sections 7.B.IV.e.1 and 3 of the 1962 Zoning Ordinance in order to decrease the rear yard setback from the required twenty-five (25) feet to eighteen feet, seven inches (18 ft. 7 in.) and to decrease the side yard setback from the required six (6) feet to one (1) foot, this property being located at 702 Stoneybrook Drive and being Lot 2 of Block 1 of the Westwind Meadows No. 3 Addition. (ZBOA Case No. 2004-06) 3. Hold a public hearing to consider and act upon a request by Hai Nguyen of Palatium Homes for a variance to Section 3.3.B of the current 2002 Zoning Ordinance in order to decrease the rear yard setback from the required twenty-five (25) feet to fifteen (15) feet, this property being located at 276 Wyndham Meadows Way and being Lot 19B of Block A of the Wyndham Meadows Addition. (ZBOA Case No. 2004-07) ``y'; .1011111111 ",,„',i • �-= = SEAL Posted Friday, 1y' 3, 2004 at 5:00 p.m. THE WYLIE MUNICIPAL COMPLEX IS WHEELCHAIR ACCESSIBLE. SIGN INTERPRETATION OR OTHER SPECIAL ASS'INjE ATTENDEES MUST BE REQUESTED 48 HOURS IN ADVANCE BY CONTACTING THE CITY SECRETARY'S C F,ICEP(E T -' AT 442-8100 OR TDD AT 442-8170. �11111,111111►° Zoning Board of Adjustments ;i4/ .. City of Wylie July 26, 2004 Regular Business Meeting AGENDA Zoning Board of Adjustment City Council Chambers, Wylie Municipal Complex 2000 Highway 78 North Wylie, Texas 75098 Monday, July 26, 2004 7:00 p.m. CALL TO ORDER CONSENT AGENDA 1. Consider and act upon approval of the Minutes of the June 14, 2004 Meeting. SWEARING-IN OF SPEAKERS PUBLIC HEARINGS 1. Hold a public hearing to consider and act upon a request by Bret Jacks for a variance to Sections 7.B.I.e.1 and 8.D of the 1962 Zoning Ordinance in order to decrease the front yard setback from the required twenty-five (25) feet to four and eight-tenths (4.8) feet, this property being located at 441 and 443 South Fourth Street and being Lot 1 of Block A of the Trails Addition. (ZBOA Case No. 2004-05) 2. Hold a public hearing to consider and act upon a request by Mark Rumenapp for a variance to Sections 7.B.IV.e.1 and 3 of the 1962 Zoning Ordinance in order to decrease the rear yard setback from the required twenty-five (25) feet to eighteen feet, seven inches (18 ft. 7 in.) and to decrease the side yard setback from the required six (6) feet to one (1) foot, this property being located at 702 Stoneybrook Drive and being Lot 2 of Block 1 of the Westwind Meadows No. 3 Addition. (ZBOA Case No. 2004-06) 3. Hold a public hearing to consider and act upon a request by Hai Nguyen of Palatium Homes for a variance to Section 3.3.B of the current 2002 Zoning Ordinance in order to decrease the rear yard setback from the required twenty-five (25) feet to fifteen (15) feet, this property being located at 276 Wyndham Meadows Way and being Lot 19B of Block A of the Wyndham Meadows Addition. (ZBOA Case No. 2004-07) ``y'; .1011111111 ",,„',i • �-= = SEAL Posted Friday, 1y' 3, 2004 at 5:00 p.m. THE WYLIE MUNICIPAL COMPLEX IS WHEELCHAIR ACCESSIBLE. SIGN INTERPRETATION OR OTHER SPECIAL ASS'INjE ATTENDEES MUST BE REQUESTED 48 HOURS IN ADVANCE BY CONTACTING THE CITY SECRETARY'S C F,ICEP(E T -' AT 442-8100 OR TDD AT 442-8170. �11111,111111►° MINUTES 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. 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 Johnny Bray Randle Henry Linda Jourdan Layne LeBaron Wayne Morman CALL TO ORDER Chairman LeBaron called the meeting to order at 7:05 p.m. CONSENT AGENDA 1. Consider and act upon approval of the Minutes of the April 26, 2004 Meeting. Due to an error on the agenda, the minutes to consider are from the May 24, 2004 meeting rather than April 26, 2004. A motion was made by Ms. Herrera, and seconded by Mr. Henry, to approve the minutes as submitted. Motion carried 7 — 0. SWEARING IN OF ADJUDICANTS Mary Bradley, Secretary, administered oath. ZBOA Commission Meeting June 14, 2004 Page 2 of 5 PUBLIC HEARING 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. Thompson stated that 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. A portion of South Ballard Avenue, 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. State Law provides that the development regulations in place when a property is platted shall be enforced. The 1962 Zoning Ordinance required one parking space per residential dwelling but did not require the space to be covered or enclosed. The 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 feet from the front property line rather than the required 25 feet. This is a variance of 13 feet or 52 percent from the requirement. The construction of the carport as proposed will comply with current regulations that construction materials match the main structure. Parking spaces will be 10 feet wide and 20 feet long and constructed of concrete. The remaining 12 feet of drive will allow sufficient visibility and private maneuvering room between the carport and the public street. Alternative locations for the new oversized carport and parking are limited to the existing location because there is no developed alley to the rear, the concrete drainage flume along the north property line prevents wider access or swing drive to this side and the existing neighboring residence prevents access from the south side in front. Thus, the pattern of the platted lot and development create a hardship justifying the variance. Chairman LeBaron opened the Public Hearing. ZBOA Commission Meeting June 14, 2004 Page 3 of 5 Gary Braley, 503 South Ballard, represented homeowner of the subject property, stated that due to oversized vehicles and with no ability to park inside the garage, the carport is desired. The proposed size of the carport is 20 by 20, which will allow both vehicles to park side by side and will extend six feet past the end of the house. The drive way will be replaced with concrete from the current gravel. Mr. Braley stated that the drive will be wider than the garage, on the north side of the house which is toward the drainage flume. The carport will extend to the south of the garage door, and to the edge of the window in front of the house. The carport will not be attached to the house, as there will be a gutter between the house and the carport. Commissioners questioned the accessibility to the property from the south of the subject house. Mr. Braley stated that the neighboring property is too close for accessibility on the south side of the house and there is a big tree blocking further accessibility to the back yard. Chairman LeBaron closed the Public Hearing. A motion was made by Mr. Alexander, and seconded by Mr. Morman, to GRANT the variance with the following stipulations; that the carport have a flat or gabled roof to match the porch overhang; that the carport be made of similar materials as the rest of the house; and that the carport be attached to the house, with a setback of no closer than 12 feet. Motion carried 6 — 1, with Mr. Bullock voting in opposition. 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). Thompson stated that the subject lot was created by platting of Benedict Estates Planned Development District (PD 85-60), and was later amended to Stone Grove Addition in 1993 (PD 93-29). Accessory buildings are not specifically addressed in the PD, and therefore are subject to the standard regulations of the 1985 Zoning Ordinance. ZBOA Commission Meeting June 14, 2004 Page 4 of 5 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. Thompson reviewed the history of the project stating that the applicant initially applying for a variance in March. City Staff reviewed the plans and determined that no variance was required. A building permit was then issued and construction of the accessory building began. The applicant framed and partially sheathed the accessory building at an approximate height of 18 feet. A citizen complaint was made to the City that the building was too high and was a visual nuisance to traffic along Stone Road. Upon review of the plans and research of the Ordinance by Staff, the applicant was informed to stop construction and apply for a variance. The variance request is an increase of 3 feet or 20% above the height allowed by code. Chairman LeBaron opened the Public Hearing. Kevin Belew, 513 South Foxwood Lane, represented the property owner, stated that initial construction plans submitted specifically stated that the accessory building to be 17 feet in height rather than the allowed 15 feet, and an application for a variance was submitted. One week after a submission for a variance, an employee of the City of Wylie called and said that a variance was not required and a building permit had been issued. The Building Official called after the accessory building was partially constructed, stating that there was a height restriction of 15 feet, and a variance application was required. The construction of the accessory building was stopped when the second variance application was submitted. Mr. Morman questioned Mr. Belew if the building was actually two-story or open all the way from the floor to the roof so as to be defined as single-story. Mr. Belew stated that an additional foot was added after the construction of the building began, which made the building 18 feet, and it was clearly two-story with a separation sub floor and a stairwell. The initial first floor is 9 feet and then from the sub floor of the second floor to the actual top of the barn type rafters is an additional 9 feet. The first floor is initially designed for a work shop, and the second floor designed for storage. ZBOA Commission Meeting June 14, 2004 Page 5 of 5 Mr. Morman questioned the square foot inconsistency on the building permit and the actual building floor area just described. Mr. Johnny Bray, Building Official, stated that the foot print is 16 by 20, which is 320 square feet, but both floors are considered on the permit application. Therefore, the building is 640 square feet, which requires another variance because the maximum allowed square footage is 600 square feet for an accessory building. Mr. Belew acknowledged an error on his part of not specifying that the building would be two-story. The second floor will be removed, which will make the total building 320 square feet, and complying with the maximum floor area size. Ms. Herrera questioned the ability to have a work shop with no electricity in the accessory building. Mr. Belew stated that an electrical cord would be extended temporarily from the pool area that is 12 feet from the building. Ms. Herrera questioned the value of the accessory building as stated on the building permit. Mr. Belew stated that majority of the building supplies were donated and he and family are doing the construction, and the amount of money spent out-of-pocket up to this point is $2,000 as stated on the building permit. Bray stated that the value of the accessory building is reasonable, with construction by the applicant and no utilities or toilet facilities. Mr. John Jackson, 1022 West Foxwood Lane, neighbor of the subject property spoke in favor of the accessory building. Chairman LeBaron closed the Public Hearing. Ms. Herrera stated that builders and developers, who are familiar with the construction process, should be held to a higher standard of knowledge and performance than that of layman citizens. Ms. Jourdan said that residential accessory buildings should meet the code by height and square foot requirements and there is little reason for hardship exceptions. A motion was made by Mr. Alexander, and seconded by Mr. Henry, to GRANT the variance. Motion failed 2 — 5. Due to lack of an alternate motion, the variance was DENIED. ZBOA Commission Meeting June 14, 2004 Page 6 of 5 ADJOURNMENT With no further business to discuss, a motion was made by Mr. Morman, and seconded by Mr. Alexander, to adjourn the meeting at 8:45PM. Layne LeBaron, Chairman Mary Bradley, Secretary ifd V' , , ,... , -envofWilke Public Hearing Item No. 1 ZBOA No. 2004-05 Zoning Board of Adjustment Public Hearing: July 26, 2004 Owner/Applicant: Bret Jacks Location: 441 and 443 South Fourth Street, being Lot 1, Block A of the Trails Addition Request: Variance of Sections 7.B.I.e.1 and 8.D of the 1962 Zoning Ordinance to reduce the front yard from the required 25 feet to 4.8 feet Background: The subject property was created in 1982 with the platting of the Trails Addition, a subdivision of duplexes and townhouses. The property remains zoned for Townhouse (TH) residential uses. The property is occupied by a duplex, which is owned by the applicant. The subject duplex has two attached single-car garages with entry from the front street. Two concrete access drives and parking courts, divided by a grass median, totaling 40 feet in width are located in front of the garages (the attached site plan does not reflect the correct width of the drives). The applicant desires to construct a carport over these existing drives in order to provide protection for his passenger vehicles which are now too large to fit in the garages. The existing garages will remain available for parking or storage. 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". The subject duplex was constructed in 1983 and should therefore continue to comply with the development laws which were in place at that time, which was the 1962 Zoning Ordinance. ZBOA 2004-05 The 1962 Ordinance, in force at the time of platting, required one parking space for all residential dwellings, but did not specify that that space be covered or enclosed nor were building materials specified. That Ordinance required a front yard setback of twenty-five (25) feet for duplex residences, but the subject duplex was actually constructed slightly in front of the front building line or twenty-four feet and nine and one-half inches (24.8 feet) from the property line. The carport will be a flat-roofed, metal structure, painted to match the dwelling. It will be attached to the front of the duplex and anchored to the existing concrete drives. It will be 40 feet wide to serve both garages with at least one covered space. The carport will extend 20 feet from the duplex wall toward the street, and end 4.8 feet from the front property line. This is a variance of 20.2 feet or 80.8 percent from the required 25 feet setback. 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. ZBOA 2004-05 Considerations: 1. Public Comment Forms were mailed as required by State Law to owners of thirty- eight (38) properties within 200 feet of this request, as required by State Law. Two responses had been submitted at the time of this posting, one favoring and one opposing the request. 2. The subject duplex is constructed on a single lot, and the applicant owns the entire lot and both dwellings of the duplex. The applicant lives in one side of the duplex and rents the other side, and therefore largely controls the common drive and parking. This existing configuration eliminates the possibility that the ownership of the lot and duplex might become divided. Since at least 1985, duplexes within Wylie must be built on two separate lots with a dwelling on each lot, allowing individual ownership of a lot and single attached dwelling. 3. The current Zoning Ordinance requires that attached dwellings provide at least two off-street parking spaces, one of which must be enclosed (garage). The 1962 Ordinance under which the subject duplex was platted and constructed also required two off-street parking spaces, but did not specify that these need be enclosed. The existing drive which is to be covered by the carport provides for the parking of approximately three vehicles, one vehicle less than required to comply with the historic requirement of two spaces for each dwelling, but the garages will also remain available for parking thus satisfying the code. 4. The proposed carport will comply fully with Wylie's current requirement that parking spaces be 10 feet wide and 20 feet long, in direct response to larger vehicles. The previous requirement allowed 9 feet by 18 feet, and garages built to this earlier standard cannot accommodate today's larger vehicles. The proposed carport will comply fully with this current regulation, reflecting an upgrade larger than the required minimum. Wylie's parking spaces are larger than the 9 feet by 18 feet common in other municipalities, 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. 5. Other carports already exist within the vicinity. The Trails Place apartments immediately to the north across Fourth Street were constructed with detached carports in the rear yard, and the apartments to the west across the parking and drainage have attached carports in the front. Other duplexes within the Trails Addition have added carports, but all within the rear yards associated with rear- entry garages. In September of 2003, the Board approved a front yard variance to 13.5 feet for the construction of a carport for a single-family residence on South Second Street, immediately to the west of the Trail Place apartments. ZBOA 2004-05 6. South Fourth Street is a dead-end street, and the subject lot is the last residence at the terminus of the street. Previously provided access to the Trail Place apartments is closed. The subject lot is one of only three which fronts on to Fourth without alley access. The proposed carport will not impair visibility of traffic along Fourth nor of residences of the subject property accessing it. 7. The subject property backs on to Stone Road (F.M. 544), and the carport will not be visible from this major thoroughfare. This property is also the last lot accessed from Fourth Street and the carport will therefore have limited visibility from other residences and traffic along this minor local street, and it already faces the rear vehicular access areas of attached residences and duplexes to the west and north. 8. There are no apparent alternative locations for the new carport, as the garages and drive/parking are already in place and face the street. Entry to the duplexes is to the east and west sides of the lot and the drives/garages are to the north side and generally in the center. The rear/back yard of the lot is occupied totally by major drainage, water and electric transmission lines and no permanent facility can be built within it. In the Spring of 2003, a major hail storm resulted in significant damage to unsheltered vehicles in the Wylie area. Thus, the initial platting and development patterns of the lot creates a hardship to its utilization. 9. The proposed carport is to constructed of metal and have a flat roof. The Ordinance under which the subject dwelling was initially constructed required that the walls of the main structure be masonry, but the building materials of garages was not regulated. The current code requires that the walls of garages be composed of the same masonry content required of the main structure. Garages may have flat roofs. 10.The requested front yard variance is 20.2 feet or 80.8 percent of the required 25 feet front yard depth. Attachments: Location Map Site Plan (Illustrating requested variance) Site Photographs 1962 Zoning Ordinance Yard and Parking Requirements Notification List and Map 12 i t L"L'i _.,i _,_[----• t..--------\\ ‘..‘ fill i i i 1 i iNIII l _N I i i i f , ., _ 1 Smdo Pedc Ct i ' �n ..,, _ .1 7R I..i y` Aspen lane I i �4 O y a), O i ; oo� pii IllI �_�1 5��� i i ',,� 4' oc son venue 1 0. 1111 i N j ! 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Square Tubing@ 12' 7 - 6" Perlins@20' R panels W '' 3'• 00 - Per1L-n Screws 50 - Lap Screws 1\fc1 e s CAR?o4T TO -6e..- A 'rt'Actle0 o DLoC LL\ d fr C, A-@rT \ID c Pt,oIr�', Co0e_Dt0 A-p-e, To Dcu LLiN _, vlik CAIZ-ep�T Tub, -co b e__ Pobck 0 eco 'C0 D(.t ue ZBOA Case No. 2004-05 - 441 and 443 South Fourth Street t • is i ii. N : t . 'Ili .11- ...., , _ ,14 / ... 41::. W. ' iin ' .* . .1 ' 11 • AO .e 1n► .—. - 1 - :. _ All Nat -M110161011•110 Front of subject lot—the proposed carport will attach to the front of the duplex, and extent from approximately the basketball goal on the left to walk on the right. t � ' - - r • • p ..` 'J• 1 . , ----- ,f- '‘. -AP -0 0-at PFI -.4.. , -- ._„ems _ 1 Front of subject lot—the proposed carport will cover the nearest truck and extend to the grass on the right i ��F Yi" ti ° :r #70. ,.., is 4' t -1 ,,. . ,,: a� y •.br, �1 a yt 1 ',E,0Y �`s ; Looking east across the subject lot. Note location of property line. 7 4 r .� .., ,� , „ , ' MI s . _ • ^T. Looking north across Fourth Street from subject property. Note detached carports to rear of apartments to left and added carport to rear of duplex to right. 4-4 - - I. + ir -t 'Rt fir. j wswb'+dRK4i .. MFd fi ''� .i r :+,` ' 'fit `: i Looking west from subject lot across parking and drainage to detached carports of apartments. '-' f. �. 1711...• " i *41=17,--- 177111,11r1 ' ',., -- 'v'' '""RMIIIIIR ' / . - ' lk. , -- 1s 4� RstY AV. rLfikr ,r. . Carport added to SF dwelling at 414 So. Second Street, with front-yard variance approved by ZBOA 9/22/03. . 1 q 69 t Zc h, ►i, C) wh vvt.C,e, -11A/o-FA.,1444 y• RetiA.rmiciAakts Section 8. Regulations for the Two Family Residential District • The following regulations shall apply for all two family dwellings: A. Minimum Size. The minimum area of the main building shall not be less than 600 square feet per dwelling unit exclusive of garages, breezeways and other accessory buildings . B. Building Height Limit. No building shall exceed two and one-half (2-1/2) stories, nor thirty five (35) feet. C. Required Lot Area. Each lot shall have an area of not less than 8, 000 square feet with a minimum lot width of not less than 65 feet and a minimum lot depth i(4... of not less than 100 feet. D. Yards Required. Each of shall have front, side, and rear yards not less than those specified for the Single Family Residential District. E. Type Material. The main building shall be of masonry construction or any higher type building material. F. Offstreet Parking and Supplementary Regulations. Refer to Supplementary Regulations. 10 r 7 11� MCP Z Z.o vv'm s 0✓CAM e,.M,J0 i7F Re /, b. Type Material: The main structure shall be of Masonry x construction 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) d. Area Requirements: Lot area shall be not less than 7, 500 square feet with a minimum lot width of 65 feet and a mini- mum lot depth of 100 feet. e. Yard Requirementshave ll vwidths front, as follow sa / nd , --- rear yards not less than the depths or 7r. 1 . Front yard depth: 25 feet 2. Rear yard depth: 25 feet 3. Side yard width: 10% of lot width f. Offstreet Parking and Supplementer Regulations: Refer to Supplementary Regulations . IV. R-1300-M a. Minimum Size: The minimum area of the ipd.in building shall not be less than 1300 square feet exclusive of garages, breezeways and servants quarters . b. Type Materials: The main structure shall be of Masonry construction or any higher type building materials . c. Building Height Limit: No building shall exceed two and one-half (2-1/2) stories nor thirty five (35) d. Area Requirements: Lot area shall be not less than 8, 500 square feet with a minimum lot width of 70 feet and a mini- mum lot depth of 110 feet. e. Yard Requirements: Each lot depths or have w widths front, as follow and rear yards not less than the 1 . Front yard depth: 25 feet • 2. Rear yard depth: 25 feet 3. Side yard width: 10% of lot width f. Offstreet Parking and Supplementary Regulations: Refer to Supplementary Regulations. 9 x +I C. Offstreet Parking In order to reduce congestion in the streets the following offstreet parking spaces shall be provided and maintained, by the Owner of the property, for each building which, after the date of this 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 space for each5e ises of 0 square food or beverage - at least oneparking 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. ark 5. Retail stores, office buildings, clinics - at feet least of oneflo pr area g space for each five-hundred (500) square 6. Shops, wholesale distributors, industrial or manufacturing es- stablishments - at least one parking space for each one thousand (1, 000) square feet of floor area or for each five (5) employees on the largest shift, whichever is greater. • All required parking spaces shall be on the that it same ist withth the impractibuilding, ex- cept that if the Governing Body determines h pro- vide parking on the same lot, said Governing Body may permit the parking spaces to be on any lot within five-hundred (500) feet of the building. • 19 NOTIFICATION REPORT APPLICANT: Bret K. Jacks APPLICATION FILE ZBA#2004-05 441 S. 4th Street Wylie, Texas 75098 # BLK/ABST LOT/TRACT TAX I.D. # PROPERTY OWNER NAME ADDRESS Applicant 441 S. 4th Street 1 Bret K. Jacks _ Wylie, Texas 75098 Trailsplace Addn 8754 FM 66 2 Blk A Lot 3 _ R-1840-001-0030-1 John Willingham Grandview, Texas 76050-6817 Trailsplace Addn 8754 FM 66 3 Blk A Lot 4 R-1840-001-0040-1 John Willingham Grandview, Texas 76050-6817 Trailsplace Addn 1833 Logwood Road 4 Blk A Lot 5 R-1840-001-0050-1 Joseph George Kansas, OK 74347-9479 Trailsplace Addn 908 Memorial Drive 5 Blk A _ Lot 6A R-1840-001-006A-1 Kenan Rozier Wylie, Texas 75098 M Trailsplace Addn PO Box 10997 6 Blk A Lot 6B R-1840-001-006E-1 Kauti Alvar Separate Property Trust Palm Desert, CA 6(2255-0997 Trailsplace Addn 8754 FM 66 ()Zen.< 7 Blk A Lot 7 R-1840-001-0070-1 John Willingham Grandview, Texas 76050-6817 Trailsplace Addn 3508 Flintstone Drive Tele a( 8 Blk A Lot 11 R-1840-001-011A-1 Blair Cyres Plano, Texas 75074-7774 )1 II Trailsplace Addn 8754 FM 66 Q 9 Blk A Lot 18 R-1840-001-0180-1 John Willingham Grandview, Texas 76050-6817 Trailsplace Addn 8754 FM 66 10 Blk A Lot 19 R-1840-001-0190-1 John Willingham Grandview, Texas 76050-6817 Trailsplace Addn 8754 FM 66 11 Blk A Lot 20 _ R-1840-001-0200-1 John Willingham Grandview, Texas 76050-6817 Trails Addition 441 S. Fourth Street 12 Blk A Lot 1 C R-1275-001-0010-1 Bret Jacks Wylie, Texas 75098 Trails Addition 441 S. Fourth Street 13 Blk A Lot 1 D R-1275-001-001 D-1 Bret Jacks Wylie, Texas 75098 Trails Addition 2104 Ponderosa Trail 0 14 Blk A Lot 2A R-1275-001-002A-1 James Rose Garland, Texas 75048-3634 Trails Addition 2104 Ponderosa Trail 0 15 Blk A Lot 2B R-1275-001-002E-1 James Rose Garland, Texas 75048-3634 Trails Addition 7424 Breckenridge Drive - ,, 16 Blk A Lot 3 R-1275-001-0030-1 K. Mehta Plano, Texas 75025-2628 Trails Addition 1708 Parker Road 17 Blk A Lot 4 R-1275-001-0040-1 Judy Adcock Wylie, Texas 75098 Trails Addition 1708 Parker Road 18 Blk A Lot 5A R-1275-001-0040-1 Judy Adcock Wylie, Texas 75098 Trails Addition 242 Ferncliff Point 19 Blk A Lot 5B R-1275-001-05B0-1 _ Deltajo Limited Partnership Bull Shoals,AR 72619-3826 Trails Addition 423 S. Fourth Street 20 Blk A Lot 6 R-1275-001-0060-1 _ Linda Whitson Wylie, Texas 75098 Trails Addition 420 S. Fourth Street 21 Blk B Lot 1A R-1275-002-0010-1 Gracy Simmons Wylie, Texas 75098 Trails Addition 420 S. Fourth Street 22 Blk B Lot 1 B R-1275-002-001 B-1 Gracy Simmons Wylie, Texas 75098 Trails Addition 416 S. Fourth Street 23 Blk B Lot 2A R-1275-002-0020-1 Penny Majka Wylie, Texas 75098 Trails Addition 420 S. Fourth Street 24 BIk B Lot 2B R-1275-001-0010-1 Gracy Simmons Wylie, Texas 75098 Trails Addition 718 Stoneybrook Drive X 25 BIk B Lot 3A R-1275-002-0030-1 James Rice Wylie, Texas 75098 Trails Addition 416 S. Fourth Street 26 Blk B Lot 3B R-1275-002-0020-1 Penny Majka Wylie, Texas 75098 Trails Addition 414 S. Fourth Street 27 Blk B Lot 4A R-1275-002-0040-1 Mary Evans Wylie, Texas 75098 Trails Addition 718 Stoneybrook Drive 28 BIk B Lot 4B R-1275-002-0030-1 James Rice Wylie, Texas 75098 Trails Addition 412 S. Fourth Street 29 BIk B Lot 5A R-1275-002-0060-1 Carl Ralph Wylie, Texas 75098 Trails Addition 414 S. Fourth Street 30 BIk B Lot 5B R-1275-002-0040-1 Mary Evans Wylie, Texas 75098 Caldwell Estates 410 E. Stone Road 31 BIk 2 Lot 1 R-1159-002-0010-1 M.Armes Wylie, Texas 75098 Caldwell Estates 408 E. Stone Road 32 Blk 2 Lot 2 R-1159-002-0020-1 Lisa Huerta Wylie, Texas 75098 Caldwell Estates 406 E. Stone Road 33 Blk 2 Lot 3 R-1159-002-0030-1 Julie Catlett Wylie, Texas 75098 Caldwell Estates 404 E. Stone Road 34 Blk 2 Lot 4 R-1159-002-0040-1 Joe Flatt Wylie, Texas 75098 Caldwell Estates Robert Doyle PO Box 56 35 Blk 2 Lot 5 R-1159-002-0050-1 c/o Wylie Super Market Wylie, Texas 75098 Caldwell Estates 400 E. Stone Road 36 BIk 2 Lot 6 R-1159-002-0060-1 Denise McCord _ Wylie, Texas 75098 Caldwell Estates 100 Thompson Drive 37 BIk 2 Lot 7 R-1159-002-0070-1 Ed Smith Richardson, Texas 75080-5517 Caldwell Estates 306 E. Stone Road 38 BIk 2 Lot 8 R-1159-002-0080-1 Jacinda Yoder Wylie, Texas 75098 39 40 41 42 ._,, ( 7-r 8 6 0 17 20 --1---) • , e-- 5 A .,,k-t,414-4-4:tNqi,.4.,.. -.4.tAll 'f-,. 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I am AGAINST the requested variance as explained on the attached public notice for ZBA Case#2004-05. Date,Location&Time of Zoning Board of Adjustment meeting: Monday,July 26,2004,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: - JIJ e fj. fe0 -5 (please print) Address: 2-1 0 4/ f o ,v (le t c S .1 I V (--- GL5e) . ) -i, 7sU Li r Signature: 7z 12'-Cei e /Date; _ 2-6' Zoo COMMENTS: Z p ,vl l ,16,,S-5:41iy ...-, 7- , .. ,,LI: 1 _ 112/2_ 5, (/-4 c?-- /Z76-- odl- O624- ‘, 1--• ./PL-esi,,--e—,11.41-ti---,,,_ -Zit,/ ./.1(-414 ,,,,, i,s-e--,-- A.,(.4-1,-,--42- /6-T1d,tiii.?_- t).-.,-,-1126, -- --„7--, ci-e-t,--,------1/ '.4e--- Aa--.-.) 4,-,,,,k,,t— 6741:7 /Lill 1664-.7,6_,.. a" JA/CC:e.4-,-et 476 (L.±4_,_ (21--017-r--d , /--J-1-er-;:c-2-j4:tiff'Xi / i-eiet.:- at e r q r� ,i /2,_ 2?� 'Of 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 #2004-05. • X. I am AGAINST the requested variance as explained on the attached public notice for ZBA Case#2004-05. Date,Location&Time of Zoning Board of Adjustment meeting: Monday,July 26,2004,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: 5frieS RIC,kPG f R., (please� print) Address: L �t'3ri �. i-A LJYtie 7S01 Signature: 9 ,a.... �! . Date: 7/2/ , COMMENTS: bo No-T f L 7?-0Q-7- /7_ is /.J -7ZAc., &s* /iv kiec.r, O,4 �1E- /CM /,h iIOD� - Aife. e42,e.G74 A cfigewr yi Ioe•fek6 c 4 :City of Wylie Public Hearing Item No. 2 ZBOA No. 2004-06 Zoning Board of Adjustment Public Hearing: July 26, 2004 Owner/Applicant: Mark Rumenapp Location: 702 Stoneybrook Drive, being Lot 2, Block 1 of the Westwind Meadows No. 3 Addition Request: Variance of Sections 7.B.IV.e.1 and 3 of the 1962 Zoning Ordinance to reduce the rear yard from the required 25 feet to 18 feet seven inches and reduce the side yard from the required 6 feet to 1 foot Background: The subject property was created in 1984 with the platting of the third and final phase of the Westwind Meadows Addition, a single-family residential subdivision. When initially developed, the property was zoned Single Family Residential (R-1100) Residential, requiring lots of not less than 7,500 square feet. Alleys were required within all residential subdivisions. With the adoption of the new Zoning Ordinance in 2002, the property was rezoned to Single-Family 8.5/17 residential. The subject lot is actually 7,616 square feet, and is occupied by a single-family dwelling. The residence has an attached two-car garage with entry from the rear alley by a concrete access drive and parking court which are approximately 30 feet wide. The garage is constructed approximately 44 feet from the rear property line. The rear yard is not fenced. The applicant desires to construct a carport over the drive in order to provide protection for his additional and oversized passenger vehicles which cannot be fit into the garage. The existing garage will remain available for some parking or storage. The proposed carport will be a flat-roofed, metal structure supported by metal posts. ZBOA 2004-06 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". The subject lot was platted in 1984 and should therefore continue to comply with the development laws which were in place at that time, which was the 1962 Zoning Ordinance. The 1962 Ordinance, in force at the time of platting, required one parking space for all residential dwellings, but did not specify that that space be covered or enclosed. That Ordinance required a rear yard setback of twenty-five (25) feet and a side yard setback of six (6) feet (or 10% of the lot width). The carport will be attached to the rear of the house and constructed 28 feet 10 '/ inches wide (nearly as wide as the existing drive). The carport will be 24 feet long, or extend to approximately 18 feet 7 inches from the rear property line, and 1 foot 3 inches from the side property line. This is a variance of 1.6 feet or 6 percent from the required 25 feet rear setback, and approximately 1 foot 3 inches or 20.8 percent from the required 6 feet side yard. 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 2004-06 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 eighteen (18) properties within 200 feet of this request, as required by State Law. One response, favoring the request, had been submitted at the time of this posting. 2. The current Zoning Ordinance requires that attached dwellings provide at least two off-street parking spaces, one of which must be enclosed (garage). The 1962 Ordinance under which the subject residence was platted and constructed also required one off-street parking space, and did not specify that it need be enclosed or covered. The existing drive which is to be covered by the carport provides for the parking of as many as six vehicles, and the garage will also remain available for parking. 3. Wylie's current requirement that parking spaces be 10 feet wide and 20 feet long, in direct response to the trend toward larger vehicles. The previous requirement allowed 9 feet by 18 feet, and garages built to this earlier standard cannot accommodate today's larger vehicles. The proposed carport will comply fully with this current regulation, reflecting an upgrade larger than the initially required minimum. Wylie's parking spaces are larger than the 9 feet by 18 feet common in other municipalities, 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. 4. Other added carports and detached garages already exist within the vicinity (see photographs). A carport has been attached to the rear of the residence at the end of the alley south of the subject property (720 Stoneybrook). Some of these carports are apparently constructed within the required setback of 25 feet, while others are clearly in violation of that requirement (although there is no record as to the authority for such construction). 5. The area across the alley from the subject property is occupied by a floodplain and several major utility easements which cannot be developed, and the property across this floodplain is already developed as heavy commercial uses (fronting Martinez Lane). Therefore, the carport will not be visible from any public street or other residential property. 6. In the Spring of 2003, a major hail storm resulted in significant damage to unsheltered vehicles in the Wylie area. The applicant reports sustaining $20, 600 damage to several family vehicles. The carport is desired to avoid such losses. ZBOA 2004-06 7. The existing orientation of the garage and access drive dictate to a large degree the location and create the required hardship. The garage, although complying with code regulations when constructed, cannot now accommodate the trend toward oversized vehicle. If located at the side yard line to comply with the required side setback, the carport will not properly align with the garage and paved drive thus limiting its utilization, and will look off-balanced as well as require the loss of lawn area. If limited to 20 feet in depth so as to comply with the required rear yard setback, the covering will not be adequate to protect the over-sized vehicles. 8. The carport is to be constructed of metal and have a flat roof. The Ordinance under which the subject dwelling was initially constructed required that the walls of the main structure be masonry, but the building materials of garages and carports was not regulated. The current code requires that the walls of garages (or supporting posts of carports) be composed of the same masonry content as the main structure. Garages may have flat roofs. 9. The requested rear setback variance is 1.6 feet or 6 percent of the required 25 feet rear yard depth. The requested side setback variance is 1.25 feet or 20.8 percent of the required 6 feet side yard. Attachments: Location Map Site Plan (Illustrating requested variance) Site Photographs 1962 Zoning Ordinance Yard and Parking Requirements Notification List and Map ' ixtg, K 1111 I I \ I 1 . .....) ' i I ..): i i i I I ii ,. • . , ,.• ''''./ , .. ‘ MN OM i 1111 a) >i .. ,.* -. \ Mi / .-- ‘ iii 0 I . . . . . . . . i ;.• ,•'-'''. ° 1(6 -. ‘.. ‘...... ... 0 - . ... 0. 0 •- - • % , •\-. X.‘..,.'.. \ \_.. 11111 8 Ili -1 MI MI 0 01111 -6 .______ tx___ E or-- el. mk....._ . . -1 ----- ,,- :DM . e . K..,77 MN : ..- S '• 0. 1 OS 7. .. .I. .,. I j Subject 111 .,- Propeyrt i i .,. ... i: ..- ii ........- ..m.,-- \.0 i -••-"-"----"-- .. .. .. .._ .___________. S 4 4 • Altid _.._.._.. Joy 4 S__ Alb NW RI IT ow III$ - i /------. 1104 .._. _. / I° II ------ - Stone brook _......_\ 'c> -J---- -Y wLiiii1c 0 o c c o 3 i o e o- t/)thu > in o a) 1 1 1 IndcTeir Drive i i 8 1 .•_ .-••-•• [ i i 1 1 'iffen"---tbrie I i Fl . 1. -. i.. 1. . . 1 i i 1 i i i , , , , i i , LOCATION MAP ZBA CASE #200 4_06 0.0 - — :•.. ,, z8r to%it. „ -- oSed .i:iiiii:7.ii ::.......4k*C.• . :;04 - `.—. ) • • 3 POST - 5' , 0 ''•: • '*: :1 S>TB�GK —= _�_, 1-3" sci-B19CK ' - • 1 •_-- --....r..41H•-•(iii-ii ... ..-- Io.S ra' i 2 e. a 7. 4 -- p o sT w ZL-L BE_ I t 3" eo PRopostD (Enc,� of PRoPE RTy). 21-!'x z8'toVz" LX)co 1 GARPoR7 `� 44' CARPORT WZLI oV��`{LNG J- O CV `. e`• POj( 3 AND WELL LOT cc 1 , i s. 2 :•:;: a) r SE ►t p o p LOT 1 8. 9 r 0. 1 ' ONE STORY BRICK T. • zi FRAME RES . 2- 3. 7 un —" 7. 4 -•-- � _. cu9. 2 m co 12. 0~ �16. 5 _:, 25' BLDG :< : L I NE THIS PROPERTY DOES NOT LiE al A FLOOD HAZARD AREA ACCORDING TO , LOT2 THE F.E.Ma.FLOOD INSUR.RATE MAP In THE PROPERTY LIES INZONE'C' N B L K 1 COM.PANEL NO. -•-/Rz97. f3 o- 702 DRIVE 1 hereby certify that on the SJONEYBROOK/1' 0/�e - n and is true, correct, and accurate as day the d tensions of the subject this was made on the ground as per the field notes shown on tnis survey thereon, if any. The survey shows ell easements and visible easements of which ty n hichII have d the sknowl edgize, e and have or type of buildings and improvements beeproperty. There are no encroachments, conflicts, or protrusions visible on the ground other than thoseshown.n adv' affecting the subject Date: )NC. /3, /99D Jos+0: 9 --57// / By:[—_—___— ��G"G4�u GF: /e9(%77 Regist Professional Engineer Scale: /'-c20 ' R tend Public Surveyor v a Drawn By: .S. ~ Legend: o Fence Corner 0? * Liti 44[14 U • Steel Rod Found HARRY J. ROWELL • uwQ(� ('• Steel Rod Set 45 `�`-'a �'^ 'Wir v•• LI,41- aAssoctmmiNc• x•_ Wood F Inc.once •f,�0 .7..fv 0?vk Surveying & Engineering • • LI 1301 W.Beltline, Ste. 1178 • .... Property Line Carrollton, Texas 75006 J. ' 4b ''*CV / \ I ` TL1E MOBILE HOME PART( 411> — CAB. D.PC. 106 + A '.e" THE COLLINS PROPERTY COMPANY I CC/ 92-0076955 OF RMIRY MARTINEZ EWINDER TRACT BARIATRITCCASREINCGVTER C. I T—'u`me — VOL 626,PG. 54 / C�500 A 1 s e7•sr45 a 67616 _ i.�# - t ` s e6 36'4a"a 41e.67'_ s��� E4..� - uy cause K la es 7f 49 /21.� i -N VOL 773,PC.in O 100 200 300 N 2G II $ w f00 n "'A Scale 1" = 100' TEN GALLON LAND COMPaN7\ 1 I9 6.562 ACRES / .9 I I ► BLOCS/t . SO N ti 430,51V AL n. F, , ,/, ' o 9.663 ACRES n /// q .. J z o ,y / m vv c / utuc I q ti0 ,.} anm kr u.w __�_ 5 ��� 3 9)0743"K 72787• // •�• _ / (HO LAND HITCH OP TEXAS,INC) I �6' ��// I -1. �OZ tr u 3.322 ACRES yo o ag 102. BRaOyK N.Noz/ i / nN aT li vnifT A.•1 0' 8 .� NMI ��law InQ1 N 6r54'20"E 741.Sa' C f' n to g Y al.: I e I :$ „ LOCATION MAP LOT z BLOCK 1 pU (N.T�.) 15.033 ACRES / gu .j II r inx G" ' rosZI g I s P gg _ /-� 30'GAS MC LAMEST —J VOL 123e.Pc.Ito _ 7a1.30' �i All': 1 tA0 1 a — S 69'37'30'•W 1292.95' — — yr la lla. (BASIS OF BEARINGS) (VOL 1212, PG. 566) I 9 RAYNOR MANUFACTURING CO. •(' 10.01 ACRES 10 VOL 2020. PG.322 • .1,1.11ilitni.N.t a3 r(3IIW,,..g.ra1aaaBa1. 10Jt vo • 216Ot OLRRTtoIe p13tANct A portion of the above described property lies within Zone 'A' (specie) flood hazard areas inundated N 2T72b3"t Ta29' by 100-year flood - no base flood elevations determined), within Zone AK'(special flood hazard a 014617'w 3.02' areas Inundated by 1.00-year flood -base flood elevations determined) and with Zone 'X'(areas i N 0736'42"K sate determined to be outside of the 500-year flood plain) according to the Flood Insurance Rate Yap t 3 572719"C 33.34' Community Panel Numbers 48085C0470 G and 40085C0585 G. dated January 19. 1996. s 3 0476'42"V 447.07' • 5 X 001740"V 33.11' X 06'2653"t 2'2(N' • X 22'06'02"C 311.32' N pan-t 128.03-, pawn- 0 N Or2o'N"t 66.43' .1 N 020'06"t 263.93' 7 N O761'17't 00535' 3 X 0739'07"I 267.10' 4 3 66'373a-t 43.02' 5 X 69900'06"I 023.97' le N a7Tro6"w 23.27' SURVEYOR'S CERTIFICATE KNOW ALL MEN BY THESE PRESENTS: of �o� THAT. f.Donald J. Jackson. do hereby certify that I have prepared this plat from an actual and accurate J• s survey of the land d that the corner monuments shown thereon.ere properly p 1 pro I !seed under my 4Q_ tXJ``ruLJ J.JACKV` p<rso al Sup n i accordance with the Platting Rules and Regulaliom of the City o(w lie,Taxes. ACCT.! G FROM Sp!f et�%l - T FROM a{. Donei •J. Jec'rgon eglstered Professional Land Surveyor Na, 3949 ����.=-(pZ(o STATE OF TEXAS 0 ' COUNTY OF COW11 () I in accordance with Section 1.048 of the lul.Uons (Ordlunea No. 03-33). BEFORE LE.the undersigned authority, • Notary Public In and for the State of Trxas, on this date OWNER: personalty appeared Donald J.Jackson, known to Inn to be the person whose name is subscribed to the foregoing Instrument and acknowledged to me that he executed the same for the purpose and 8.75‘_U( conatderoUon therein expressed and under oath stated that the statements in the foregoing certificate ovwra• Services GIVEN UNDER MY HAND AND SEAL OF OFFICE this_Al&day of_../17y1..1# , 2001. NOTICE - -' �•»D it SURVEY Notary Public for t e Sta of Texan r<n .t, ... li 'dition by metes and bounds Is a violation of Clty lfy commission expires_- Zt"el/ _ . +'z:0...:..,. - .is subject to hoes and withholding of utillUes -" Jw.Llalf i Carports Page 1 of 1 f t3 dill_ . . ........". . . Carports Page 1 of 1 A a.a E• 5 iip r �i;:. x� . �� �.& + a a: e a i., a t,:°'.' ire 9is.' a4u w Yt r 8 4 x w Return Home ZBOA Case No. 2004-06 - 702 Stoneybrook Drive •r s� �Y 4i a " s .fie , A. . 9' :yE7' .. 3 , Looking across rear alley to subject lot and access drive and garage. g M• J itik^hex r. rl� ,fie.. yr t S. a - h.. �,q ... tyL r VIP! . P iiiiil 4ef ' c , ._. .F Looking north across subject lot from alley. Proposed carport will extend from garage approximately to front of truck. .�; t . * it ipt T'l ... ,.. ..,, i ., , ... , , II 4 , aMr _ ` 44 d"K tt'H'a3 '4 k' 11 -:. Carport at 720 Stoneybrook, at the end of dead-in alley. Metal with pitched roof, not attached to garage, and extending to +/- 15 ft. from property line a � ;_. r - 4 € ... vim -oil"- 4 7 :e4,. �. may Other carports within subdivision — some comply with setback and some do not comply. .414 t Y , Ilk p I era fi . r. a •• „ NOY- i 44, -71 Other carports within subdivision — some comply with setback and some do not comply. ► " , • • . _. gm Wit. 0000000,0,1900.4 1 — g yar-^ a), , ;1 +. r lit • Other carports within subdivision — some comply with setback and some do not comply. s - kI • Other carports within subdivision — some comply with setback and some do not comply. / • b. Type Material: The main structure shall be of Masonry construction or any higher type building material. c. Building Height Limit: No building shall exceed two and i one-half (2-1/2) stories nor thirty five (35) feet. d. Area Requirements: Lot area shall be not less than 7, 500 square feet with a minimum lot width of 65 feet and a mini- mum 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 Supplementary Regulations: Refer to Supplementary Regulations. IV. R-1300-M a. Minimum Size: The minimum area of the r :stin building shall not be less than 1300 square feet exclusive of garages, breezeways and servants quarters . b. Type Materials: The main structure shall be of Masonry construction or any higher type building materials. 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 8, 500 square feet with a minimum lot width of 70 feet and a mini- mum lot depth of 110 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 Supplementary Regulations: Refer to Supplementary Regulations . • . ' ./ 4,,,'A,, 11111 Zv1Drc2__Q_, ,,,,, C. Offstreet Parking et . "�. In order to reduce CObeeS the and maentainedo by the O�vnereo£ =� parking spaces shall provided the property, for each building which, after the date of this ordin- ance, is erected, enlarged or altered for use for any of the follow- ing purposes: i 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 on the premises of food or beverage - at least one parking space for each 150 square feet of floor area. j 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 - feetat least oone oneflo parkingr ar space for each five-hundred (500) square 6. Shops, wholesale distributors, industrial or manufacturing es- stablishrnents - at least one parking space for rch one thousand usad (1, 000) square feet of floor area or for e five (5) employees on the largest shift, whichever is greater. All required parking spaces shall be on the samel lot with Tactical toi pro- vide that if the Governing Body determines that t vide parking on the same lot, said Governing Body may permit the parking spaces to be on any lot within five-hundred (500) feet of the building. `' 19 3 NOTIFICATION REPORT APPLICANT: Mark Rumenapp APPLICATION FILE ZBA#2004-06 702 Stoneybrook Drive Wylie, Texas 75098 # BLK/ABST LOT/TRACT TAX I.D. # PROPERTY OWNER NAME ADDRESS Applicant 702 Stoneybrook Drive 1 Mark Rumenapp Wylie, Texas 75098 Westwind Meadows#2 642 Stoneybrook Drive. 2 Blk 1 1 Lot 48 1 R-1292-001-0480-1 John Zimmerman Wylie, Texas 75098 Westwind Meadows #2 644 Stoneybrook Drive 3 Blk 1 I Lot 49 1 R-1292-001-0490-1 Guy Gordon III Wylie, Texas 75098 Westwind Meadows #2 631 Stoneybrook Drive 4 Blk 7 I Lot 1 1 R-1292-007-0010-1 Lori Thompson Wylie, Texas 75098 Westwind Meadows #2 629 Stoneybrook Drive 5 Blk 7 I Lot 2 I R-1292-007-0020-1 Jason Powers Wylie, Texas 75098 Westwind Meadows #3 700 Stoneybrook Drive 6 BIk 1 1 Lot 1 I R-2100-001-0010-1 Larry Schultz Wylie, Texas 75098 Westwind Meadows #3 702Stoneybrook Drive 1-- 7 Blk 1 I Lot 2 1 R-2100-001-0020-1 Mark Rumenapp Wylie, Texas 75098 0 Westwind Meadows #3 704 Stoneybrook Drive 8 Blk 1 1 Lot 3 I R-2100-001-0030-1 Clemmie Benson Wylie, Texas 75098 Westwind Meadows #3 706 Stoneybrook Drive °kI 9 Blk 1 1 Lot 4 1 R-2100-001-0040-1 Joseph Gilmartin Wylie, Texas 75098 pp Westwind Meadows #3 708 Stoneybrook Drive t-- < 10 Blk 1 I Lot 5 1 R-2100-001-0050-1 Charmin McCune Wylie, Texas 75098 1‘ N Westwind Meadows#3 710 Stoneybrook Drive c 11 Blk 1 1 Lot 6 I R-2100-001-0060-1 Tim McQuillan Wylie, Texas 75098 Westwind Meadows #3 711 Stoneybrook Drive 12 Blk 2 1 Lot 15 I R-2100-002-0150-1 Howard Moody Wylie, Texas 75098 Westwind Meadows#3 709 Stoneybrook Drive 13 BIk 2 I Lot 16 I R-2100-002-0160-1 Nikie Hemphill Wylie, Texas 75098 Westwind Meadows #3 707 Stoneybrook Drive 14 Blk 2 1 Lot 17 I R-2100-002-0170-1 Johny Seaton Wylie, Texas 75098 Westwind Meadows#3 705 Stoneybrook Drive 15 BIk 2 I Lot 18 I R-2100-002-0180-1 Lisa Mosley Wylie, Texas 75098 Westwind Meadows#3 703 Stoneybrook Drive 0 16 BIk 2 1 Lot 19 I R-2100-002-0190-1 John Merriman Wylie, Texas 75098 Westwind Meadows#3 701 Stoneybrook Drive 17 Blk 2 1 Lot 20 1 R-2100-002-0200-1 Jay Boone Wylie, Texas 75098 Holland Hitch Ten Gallon Land Company 1301 Martinez Lane 18 --- Lot 1 R-4853-000-0010-1 c/o Holland Hitch of Texas Wylie, Texas 75098 19 20 21 _ 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 I 47 \( __,. • l'eshvi rd I r ro-• ,i ovas !,., g, 1 t tF "0. t :QZ,t f -4 n ,:i -AA.s ^t 5 k K -wA t - fs, fi � "�' t c 7 {i , N * i. 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'``-.q-'nf.,,,*;A.'..",:icje.,WA'?,-.1:' •;f,J:itZ4V'e.1:4MA,VE.Ni.';',$'i ,n ,, . e ,,bF, vi' , J © 6 C -=--- rOg X A &t KIST a 7 � 0 8 lit _ fix) ZBA CASE #2004-06 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 #2004-06. • I am AGAINST the requested variance as explained on the attached public notice for ZBA Case#2004-06. Date,Location&Time of Zoning Board of Adjustment meeting: Monday,July 26,2004,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas .....„,..„ Name: 1�rs, NQ1r I''in an (please print) Address: q 0-3 S+OrlQ,-t hr r o E-�> -- bc\;Q P_ 6,A.A...„ Signature: � r Date: 1 10 " Q Li COMMENTS: f4J . :l of Wyk Public Hearing Item No. 3 ZBOA No. 2004-07 Zoning Board of Adjustment Public Hearing: July 26, 2004 Owner/Applicant: Hai Nguyen, for Palatium Homes Location: 276 Wyndham Meadows Way, being Lot 19B, Block A of the Wyndham Meadows Addition Request: Variance of Section 3.7.B of the Zoning Ordinance to reduce the rear yard from the required 25 feet to 15 feet Background: The subject property was created in September of 2003 with the platting of the Wyndham Meadows Addition, a subdivision of attached townhouse and duplex residences. The property has been zoned Multi-Family (MF) Residential since at least 1985, and attached dwellings are permitted within the ME District by both the current and previous Zoning Ordinances. In Wylie, duplexes are platted with each individual dwelling on a separate lot, and the subject lot is the left-side/westerly of a two-lot combination. The subject lot is of a triangular/pie-shaped configuration, and is approximately 4,993 square feet in size. An easement for a major over-head electric transmission line occupies the southwest corner of the lot, and cannot be developed by structures of any kind. The Multi-Family District requires a rear yard setback of 20 feet from interior property lines, and townhouses require rear yard setbacks of 25 feet. Alleys were required within all residential subdivisions, and the Wyndham Meadows development connected to and extended an existing alley provided with the older Wyndham Estates Addition to the north. This alley provides potential for access to rear garages, although rear access is not required. ZBOA 2004-07 The applicant desires to construct on the subject lot a duplex dwelling with rear access to the garage. The unique configuration of the lot and alley creates a varied rear yard which does not easily accommodate the lines required by residential structures. The Zoning Ordinance requires attached single-family dwellings to provide two parking spaces, one of which must be enclosed and behind the front property line. That attached garage must comply with the rear yard setback of twenty-five (25) feet for the townhouse or 20 feet for the Multi-Family District. The duplex/garage will be constructed 16 feet 9 inches from the rear property line and alley, encroaching into the rear yard a distance of at least 9 feet 3 inches. The applicant is requesting a variance to the rear yard to 15 feet to allow sufficient space to for construction and overhang. This is a variance of 5 feet or 20 percent from the required 25 feet rear setback of the townhouse construction, and 10 feet or 25 percent from the required 20 feet rear yard of the Multi-Family District. 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. ZBOA 2004-07 Considerations: 1. Public Comment Forms were mailed as required by State Law to owners of twenty- three (23) 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. 2. The subject duplex is required to provide at least two off-street parking spaces, one of which must be enclosed (garage) and behind the front property line. The Subdivision Regulations requires alleys within all residential districts, but does not require that garages access from these rear alleys. The Zoning Ordinance provides incentive points when garages open to an alley rather than to a street, and requires that street-facing garages be off-set in order to lessen their visual impact. Within the new Wyndham Meadows subdivision, most of the recently constructed duplexes which have access to the alley have garages which are accessed from the front street. 3. The platted configuration of the lot and alley create a varied rear yard setback which does not align easily with the normally straight walls of dwellings, and in this case represents the hardship. The land within the variance area will be largely utilized for the garage and drive from the alley, but the remaining rear yard conforms to the 25 feet setback and provides sufficient space for recreation and other activities. 4. There are no other known yard variances within the immediate area. 5. The requested rear setback variance is 1.6 feet or 6 percent of the required 25 feet rear yard depth. The requested side setback variance is 1.25 feet or 20.8 percent of the required 6 feet side yard. Attachments: Location Map Site Plan (Illustrating requested variance) Site Photographs Notification List and Map i • i � 1 i • ^ i ... , I NI ww Alt itipqrpip i lit7 MN II.'11.1111,11i. in - � ■ _ , \ i alms 1 ./..'`' �.. .. k one T: \ • lr■1/\�'�' PIO Mr al in MB 111115.11114, Jr_ ;: 1 j Ni i i. i l i i 1:, 1:. pD 1 Q T.I... 1•_1 1_ I I Q ,1,�• .ol.r 1 i �.._.._.� : I I y j D �_! ( Windt° GrcN i ..__.. _._. 1 i o II'' I i 1. 1J -A Illy] 1 i I iiir. . -.1444 sir , m I` _' t 1 �e —imami. JXx, I - _ .= i i 0 '11 I re I Ni) z re � — ` ill _.._ CO O : 111111h1�_ I ;II O drew M111L _EE!E — I ._.._.._._._..,.._._... .p > ...; �._.. —1111 _.._.._.._. 1 -0 ig 0......p ..• ..rilm ,„ i i j i 111_1 MIIIIIIIP 1•'-. E■ V ii • MINN MEI =I=-= ,i VIII 2=MI NM H i r 1 (J OW I �• IIerin. 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ILL(Cana SN-9"p OIL(Nf1!N-NIr [�1111,,,.1 .0.1 ILL IW t1I-ITS tax rI SM-iNI wt.y•.NN M w Ie w ftNd N I..•• COMM U...Aral CONTACT ODOICM RUft[ Y <.rNwr.ere •R'VR S.IwA CKMJ R-N ®i.M I ZBOA Case No. 2004-07 - 276 Wyndham Meadows Way • • gOost 1 a►,may t rev 41.6 • Y.. t� g�yp. a r.Y "✓ ti - Looking across subject lot from front street. Fire hydrant and stake is south property line. • t C e r o sty Looking across subject lot from rear alley— at curve in alley. 1 i • •, 40110. 1 ... -'-: •'. ' . ,... ,- - ' • - ...,-, , s. 1 \ ti ---' ',• i _'.. -, 0-4 . 4 . i , •\. . , • "..'1,,,„,ormsrla%-4,40,11i!,..1/24,,,„.0.4•••• . . . _......, - 5ar f ..''',.4.'. ....4. • ' 1 _ • ..:..'..yr AI N I 1 V......... ,. •_.„ —--""-- - •4., :_ .., .- . .. ``:".-- v;.r,•thr'....- '- ... , .. 71.• * - Looking north across the rear of subject lot. Foundation framing of duplex is on the right. 4060 Anir 'IP, ........ -, - . '' --...*.' 1—- - ,.,-..-::::• ih. '4/ 111 I h 0 I,. 4 fr t,i n t 11.1 it ,... ., .11_21. .... , r. .... .... • I , • s -. i A 4..., ,r , ..W.E., ... .., ''''.:.. , . Looking east along Wyndham Meadow Way. NOTIFICATION REPORT APPLICANT: Hai Nguyen of Palatium Homes, LLC APPLICATION FILE ZBA#2004-07 PO Box 942221 Plano, Texas 75094 # BLK/ABST LOT/TRACT TAX I.D. # PROPERTY OWNER NAME ADDRESS Applicant - Hai Nguyen PO Box 942221 1 Palatium Homes, LLC _ Piano, Texas 75094 Wyndham Estates #2 1102 Old Knoll Drive 2 Blk G ( Lot 20 I R-2084-00G-0200-1 Kathi Shaffer Wylie, Texas 75098 Wyndham Estates #2 1100 Old Knoll Drive 3 BIk G I Lot 21 I R-2084-00G-0210-1 Scott Brown Wylie, Texas 75098 Wyndham Estates #2 PO Box 2483 4 Blk G I Lot 22 I R-2084-00G-0220-1 Richard Gaulden Wylie, Texas 75098 Wyndham Estates#2 203 Yorkshire Lane 5 BIk G I Lot 23 I R-2084-00G-0230-1 Patrick Welch Wylie, Texas 75098 Wyndham Estates#2 205 Yorkshire Lane 6 BIk G I Lot 24 I R-2084-00G-0240-1 David Shelhorse Wylie, Texas 75098 Wyndham Estates #2 207 Yorkshire Lane 7 Blk G I Lot 25 I R-2084-00G-0250-1 Leo Murray Wylie, Texas 75098 Wyndham Estates #3 PO Box 1956 8 --- I Lot 20 I R-2057-000-0200-1 Artex Electric, Inc. Wylie, Texas 75098 Wyndham Estates #3 PO Box 1956 9 --- I Lot 21 I R-2057-000-0210-1 Artex Electric, Inc. Wylie, Texas 75098 Wyndham Estates #3 507 Horizon Court 10 --- I Lot 22 I R-2057-000-0220-1 Randy Glenn Murphy, Texas 75094 Wyndham Estates#3 507 Horizon Court 11 --- I Lot 23 I R-2057-000-0230-1 Randy Glenn Murphy, Texas 75094 Wyndham Estates #3 2709 Pinewood Drive 12 --- Lot 24 I R-2057-000-0240-1 Larry Nelson Garland, Texas 75044-5951 Wyndham Meadows 5949 Sherry Lane #1225 13 Bik A Lot 15B I R-8298-00A-015B-1 Cinnamon Teal LLC Dallas, Texas 75225-8067 Wyndham Meadows 5949 Sherry Lane #1225 14 BIk A Lot 16A I R-8298-00A-016A-1 _ Cinnamon Teal LLC Dallas, Texas 75225-8067 Wyndham Meadows 5949 Sherry Lane #1225 15 Blk A Lot 16B I R-8298-00A-016B-1 Cinnamon Teal LLC Dallas, Texas 75225-8067 Wyndham Meadows 5949 Sherry Lane #1225 16 Blk A Lot 17A I R-8298-00A-017A-1 Cinnamon Teal LLC Dallas, Texas 75225-8067 Wyndham Meadows 5949 Sherry Lane #1225 17 BIk A Lot 17B I R-8298-00A-017E-1 Cinnamon Teal LLC Dallas, Texas 75225-8067 Wyndham Meadows 5949 Sherry Lane #1225 18 Blk A Lot 18A I R-8298-00A-018A-1 Cinnamon Teal LLC Dallas, Texas 75225-8067 Wyndham Meadows 5949 Sherry Lane #1225 19 Blk A Lot 18B I R-8298-00A-018E-1 Cinnamon Teal LLC Dallas, Texas 75225-8067 "Wyndham Meadows 5949 Sherry Lane #1225 20 Blk A Lot 19A I R-8298-00A-019A-1 Cinnamon Teal LLC Dallas, Texas 75225-8067 Wyndham Meadows 5949 Sherry Lane #1225 21 Blk A Lot 19B I R-8298-00A-019B-1 Cinnamon Teal LLC Dallas, Texas 75225-8067 Wyndham Meadows 2601 Sir Gawain Lane 22 Blk A Lot 20 I R-8298-00A-0200-1 Kent Pennington Lewisville, Texas 75056 Wyndham Meadows 5949 Sherry Lane #1225 23 Blk B Lot 7 R-8298-00B-0070-1 Cinnamon Teal LLC Dallas, Texas 75225-8067 24 _ 25 26 27 28 29 30 31 32 33 34 35 . 36 37 IV 1 ...} _A n I ....„,,,. -- -1r, 17a(1 4 W. 9 t ) g .,,,....,...•;-:,:..- : • ', ,. •- -, ,. ;,-.4.2..„,....,,a,,,,4,7.b%;r a 7 • 4• .„,.;, rY .,7 inn l i 2 j , fl ,krr,F. r• n . 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'. �� ., , i �,}5'n., ..,- v,Y, �� s3 A ds �' n, ��� 3Pr 'e' 21 s t 1" a ,4, �5a r` �$$. , ,,, „'9 . ice `` ^ ,��'�, Wy"s '''" Q �• to, r W. ,„,,,,,iii:44.,. . ,,, .r;,so* v, k rbw x!.. ;�x 3', 4,. ,,,,,,,, ,,,,,,,;::,,r .7 !a '4,,„ti,,....„. ..isitv,,,,..,„„x..,, „..4.,,,,„..,4," 4t� �; 1s$a �"!�'2 % 9 \\•„ .- 't 12; r '' ai75 v' x y'' • �`""'' • fit xi• a f s 1 ca s` '''' a `" 4''"15&c, �� � { �',' -, �,fT e. ,,' w+y U P,�i:ch � F��.+:��r �' ` f' F'"f �ia= 'r,r « ,`�. � ,° :. # 4, ";,,,, .1 ' 4 � e ` q t Y 3h� µt kf.: t ., we ,. ak . 8 l 6 1 � 1 Z F1 `s • " a 0 ,' I ''' i,a, {ak* y�s m ue. }-9 w+bv1 pU h'�► O x � .. 4 I. 17l Cl Zl I1 \ Q a J J gZ 61 e 0 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 #2004-07.XI am AGAINST the requested variance as explained on the attached public notice for ZBA Case#2004-07. Date,Location&Time of Zoning Board of Adjustment meeting: Monday,July 26,2004,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: SAc/Ie1 K kIjcicA (please print) Address: do 3 \ o r /� I r Lci-v) )/0 1 /cd ;TX • ) 1 Signature: 6-1/3 Date: ,- -o - 0 I-1 COMMENTS: � LOYLL Jl.uo i L