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10-25-2004 (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, October 25, 2004 7:00 p.m. CALL TO ORDER CONSENT AGENDA 1. Consider and act upon approval of the Minutes of the September 27, 2004 Meeting. SWEARING-IN OF SPEAKERS PUBLIC HEARINGS 1. Hold a public hearing to consider and act upon a request by Greg Zemanek for variances to Sections 5.1.F and 9.2 of the Zoning Ordinance in order to allow a legally nonconforming use to be renovated and continue, this property being located at 2809 Exchange Street and being Lot 41 of Block C of the Regency Business Park Phase 2 Addition. (ZBOA Case No. 2004-11) 2. Hold a public hearing to consider and act upon a request by Gilbert Delgado for a variance to Section 20.3(1)(a) of the 1985 Zoning Ordinance in order to reduce the front yard from the required 20 feet to 8.2 feet, this property being located at 1011 Squire Drive and being Lot 3 of the Wyndham Estates Phase 3 Addition. (ZBOA Case No. 2004-12) 3. Hold a public hearing to consider and act upon a request by Glenn Sparks for a variance to Article XI, Section 22-394 of the Building Regulations of the Code of Ordinances in order to construct a 4 feet high picket fence within the front yard, this property being located at 301 Duncan Way and being Lot 12 of Block 2 of the Caldwell Estates Addition. (ZBOA Case No. 2004-13) 4. Hold a public hearing to consider and act upon a request by Jal Dennis for variances to Sections 2.5.4.b and 2.5.4.e.(3) of the Zoning Ordinance in order to increase the maximum size of an accessory building from 600 square feet to 650 square feet and to allow metal exterior walls rather than the required masonry, this property being located at 811 Crestview Lane and being Lot 2 of Block C of the Stoneridge Farms Phase 1 Addition. (ZBOA Case No. 2004-14) ZBOA Agenda October 25, 20004 Page 2 of 2 5. Hold a public hearing to consider and act upon a request by James Patterson for variances to Sections 7.3.F.2 and 7.7.B.1 of the Zoning Ordinance in order to allow off-premises compliance with required parking and landscaping requirements, this property being located at 2015 State Highway North and being Lot 1 R-3 of Block C of the Woodlake Village Addition. (ZBOA Case No. 2004-15) OF [A, • • • Post d Friday, Oc r 22, 2004 at 5:00 p.' .LIE,CP ny14 /111/119111 V THE WYLIE MUNICIPAL COMPLEX IS WHEELCHAIR ACCESSIBLE. SIGN INTERPRETATION OR OTHER SPECIAL ASSISTANCE FOR DISABLED IV 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 :/1/71 .. City of Wylie October 25, 2004 Regular Business Meeting AGENDA Zoning Board of Adjustment City Council Chambers, Wylie Municipal Complex 2000 Highway 78 North Wylie, Texas 75098 Monday, October 25, 2004 7:00 p.m. CALL TO ORDER CONSENT AGENDA 1. Consider and act upon approval of the Minutes of the September 27, 2004 Meeting. SWEARING-IN OF SPEAKERS PUBLIC HEARINGS 1. Hold a public hearing to consider and act upon a request by Greg Zemanek for variances to Sections 5.1.F and 9.2 of the Zoning Ordinance in order to allow a legally nonconforming use to be renovated and continue, this property being located at 2809 Exchange Street and being Lot 41 of Block C of the Regency Business Park Phase 2 Addition. (ZBOA Case No. 2004-11) 2. Hold a public hearing to consider and act upon a request by Gilbert Delgado for a variance to Section 20.3(1)(a) of the 1985 Zoning Ordinance in order to reduce the front yard from the required 20 feet to 8.2 feet, this property being located at 1011 Squire Drive and being Lot 3 of the Wyndham Estates Phase 3 Addition. (ZBOA Case No. 2004-12) 3. Hold a public hearing to consider and act upon a request by Glenn Sparks for a variance to Article XI, Section 22-394 of the Building Regulations of the Code of Ordinances in order to construct a 4 feet high picket fence within the front yard, this property being located at 301 Duncan Way and being Lot 12 of Block 2 of the Caldwell Estates Addition. (ZBOA Case No. 2004-13) 4. Hold a public hearing to consider and act upon a request by Jal Dennis for variances to Sections 2.5.4.b and 2.5.4.e.(3) of the Zoning Ordinance in order to increase the maximum size of an accessory building from 600 square feet to 650 square feet and to allow metal exterior walls rather than the required masonry, this property being located at 811 Crestview Lane and being Lot 2 of Block C of the Stoneridge Farms Phase 1 Addition. (ZBOA Case No. 2004-14) ZBOA Agenda October 25, 20004 Page 2 of 2 5. Hold a public hearing to consider and act upon a request by James Patterson for variances to Sections 7.3.F.2 and 7.7.B.1 of the Zoning Ordinance in order to allow off-premises compliance with required parking and landscaping requirements, this property being located at 2015 State Highway North and being Lot 1 R-3 of Block C of the Woodlake Village Addition. (ZBOA Case No. 2004-15) OF [A, • • • Post d Friday, Oc r 22, 2004 at 5:00 p.' .LIE,CP ny14 /111/119111 V THE WYLIE MUNICIPAL COMPLEX IS WHEELCHAIR ACCESSIBLE. SIGN INTERPRETATION OR OTHER SPECIAL ASSISTANCE FOR DISABLED IV 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, September 27, 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 Linda Jourdan Layne LeBaron Jan Sargent Board Members Absent: Staff Members Absent: Weldon Bullock Renae 011ie 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 August 23, 2004 Meeting. A motion was made by Mr. Alexander, and seconded by Ms. Sargent, to approve the minutes as submitted. Motion carried 5—0. SWEARING IN OF ADJUDICANTS Mary Bradley, Secretary, administered oath. ZBOA Commission Meeting September 27, 2004 Page 2 of 3 PUBLIC HEARING 1. Hold a public hearing to consider and act upon a request by Edd Haskins of Roemer/Haskins, L.C. for a variance to Section 4.4.E to reduce the landscape requirement from 20% to 13.6% coverage and Section 4.2.B.3 to reduce the sideyard building setback from 10 ft. to 4.80 ft., this property being located at 3475 FM 544 and being Lot 2, Block 1 of the McCreary-FM 544 Addition. (ZBOA Case No. 2004-10). Thompson stated that the subject property was created as Lot 2 of the McCreary-F.M. 544 Addition, approved in December of 2003, and the zoning is Commercial Corridor (CC) District. The landscaping specifications from the CC District requires 20 percent of each lot to be irrigated landscaping. In February of 2004, the Board of Adjustment granted the subject property a variance to the landscape requirements from 20 percent to 17 percent. At that time, the applicant assumed that the development could not accommodate the desired building area as well as required landscaping. A landscape requirement is related to lot size. After development was initiated, and foundation and concrete slabs were completed, staff reviewed the form survey, which indicated that the slabs for future buildings along the south property line were actually constructed 4.80 to 5.52 feet north of the property line instead of the required 10 feet. Due to the error in the placement of the property line, the proposed landscaping is only 13.6 percent of the lot instead of the required 20 percent. The applicant is requesting a variance to reduce the sideyard building setback from 10 feet to 4.80 feet, and a variance to landscaping requirements from 20 percent to 13.6 percent coverage to compile with the landscaping requirements. Thompson reviewed the landscaping ratio of the subject property and the configurations of Lot 1 and Lot 2, which is also owned by the applicant, and stated that there are three alternate solutions available to correct the error and be in compliance with the Zoning Ordinance. The Board may permit the applicant to demolish portions of the foundation and slabs; or recommend that the applicant replat both lots; or grant the variance and allow the reduced landscaping. Edd Haskins, 3631 Coral Gables, Dallas, Texas, represented the applicant, stated that another option for the Board to consider is to approve the requested landscape variance while denying the setback variance. Board Members questioned the type of screening for the mini-storage unit on Lot 2. Haskins stated that an ornamental wrought iron fence between Lot 1 and Lot 2 and six to eight foot brick wall along the back of the lot, between the railroad and the subject property. ZBOA Commission Meeting September 27, 2004 Page 3 of 3 Haskins stated that the request is not economical or financial hardship but will limit the type of user for retail business on Lot 1, if setback variance is not granted. After discussing the user impact, Ms. Sargent made a motion, and seconded by Ms. Jourdan, to GRANT the variances as submitted. Motion failed 3 -2, with Chairman LeBaron and Mr. Alexander voting in opposition. Mr. Alexander questioned visibility of the landscaping. Thompson stated that due to the depth of the lots and the shape configuration of the property, much of the visibility for the landscaping will not be visible by the public. A motion was made by Mr. Alexander, and seconded by Ms. Herrera, to GRANT the variance for the landscaping requirements not to be below 14% and DENY the setback variance. Motion failed 3 -2, with Chairman LeBaron and Ms. Jourdan voting in opposition. With no further proposals, the request was DENIED for variance to Section 4.4(E) to reduce the landscape requirement from 20% to 13.6%, and Section 4.2.3.E to reduce the sideyard building setback from 10 feet to 4.80 feet. ADJOURNMENT With no further business to discuss, a motion was made by Ms. Herrera, and seconded by Mr. Alexander, to adjourn the meeting at 8:30PM. &OA, La eBaron, Chairman Ma Badley, Secret Public Hearing Item No. 1 PS/Icily of Wylie ZBOA No. 2004-11 Zoning Board of Adjustment Public Hearing: October 25, 2004 Owner/Applicant: Greg Zemanek Location: 2809 Exchange Street, Lot 41, Block C of the Regency Business Park Phase 2 Request: Variance to Section 5.1 Use Regulations to allow the expansion and continued operation of a nonconforming use. Background: The subject property has been platted since 1987 as Lot 41, Block C of the Regency Business Park Phase II. M.L. Johnson & Associates, an irrigation and landscape construction company, has occupied the property since 1998. A wood frame house is used as the office, and land behind the existing office is being used as a staging area for plants, trees and storage of landscape materials prior to leaving for specific job sites as well as for storing any equipment associated with the business. The tract was rezoned from Industrial (I) to Business Center (BC) District in 2002 with the adoption of the new city-wide Zoning Ordinance and Map. Contractor's Maintenance Yards and Outdoor Storage are not allowed within the BC District (Section 5.1.1.2 and 8 of the Zoning Ordinance). The owner/applicant is proposing to expand the existing building which is used for the business. Expansion of the structure beyond fifty (50) percent removes all vested rights in the previous development regulations and all such new construction must conform to all the current Zoning Ordinance (Section 9.4.A). Sixty (60) percent of the back side of the lot is occupied by a TXU Transmission Line and Explorer Pipeline easement. Construction of any type is prohibited within these easements. Therefore, this portion of the property is undevelopable. ZBOA 2004-11 Section 8.4(E)(4)(b) of the Zoning Ordinance provides that the Zoning Board of Adjustments 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. In order to grant a variance to the development code the Board shall find that all the following have been satisfied: (1) That there are unique physical circumstances or conditions of the lot, or other exceptional physical condition particular to the affected property; (2) That because of these unique physical circumstances or conditions, the property cannot be reasonably developed or used in compliance with the provisions of the development code; (3) That due to such unique physical circumstances or conditions, the strict application of the development code would create a demonstrated hardship; (4) That the demonstrable 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 development code; and (8) That the variance, if granted will not adversely affect the health, safety or welfare of the citizens of Wylie. Considerations: 1. Comment Forms were mailed to twelve (12) property owners within 200 feet of the subject property, as required by State Law. One form has been returned at the time of this posting. 2. The subject property totals 0.6609 (28,789 square feet) acres in size, and the office building is approximately 920 square feet. It is proposed to construct approximately 1,535 square feet of additional office space for a total of 2,455 square feet, resulting in 11% of the lot being covered. The Zoning Ordinance allows a maximum lot coverage of 50%. 3. The new construction will comply with all requirements of the current Zoning Ordinance. Exterior walls will be two types of masonry, the entry will be emphasized by wall off-sets and the roof is pitched. Landscaping exceeds the current requirement and loading areas are screened from the street. (see Site Plan) 4. The existing off-street parking will be reconfigured or required parking will be provided in the rear of the building. No on-street or head-in parking is allowed on public streets. 5. Several similar contractor yards remain within the Regency Addition. Some have made no effort to comply with new code requirements, some (i.e., the landscape company on Regency and Steel) have made some effort to improve existing facilities, while others have fully complied with codes (some providing storage of equipment inside of buildings). The subject proposal is a significant effort to comply with the new development regulations. 6. The rear sixty (60) percent of the subject property cannot accommodate building construction or storage of equipment. The existing storage is largely plant materials. If the current use is not allowed to remain, the lot will likely not be used in the future. 7. Lots to the east and to the south across Exchange are not developed. Attachments: Location Map Memo from Applicant Conceptual Site Plan Site Photos Notification List and Map with Responses 287'-10 3/4" __. • bd I cu• 1 _ n00.22.27.w 287.9o' ZONING ORDINANCE n•�— — —MO�t— —1—i- T — — mil DEVELOPMENT REQUIREMENTS I I \ Pw 120eline ren I I 20'drainag C? ' I \O.H. 'pipeline 1 1 leas merit 46, , I \ lea ent ' 1 Site Design N 40'-21/2' ` 30'-21/2" 20'-9" , d >entry tor street \\\\\\ , existlnn drainaaelslope' ' S >smaller than 20,000sf 8 > loading screen _ concrete `, . I I I I u ' k' 4 space. Parkings -� existing structure d .6609 acres p g ry ` , I t I M Landscape CA S . I g m �' \ 10'erlsearch > percentage of site-variance ��o r. �� pipeline 1 > landscaped parking C• lea erhent , > landscaped front yard 0 • Iu 1 I 1I I addition I Architectural _ g �� 150' T.P.&L. „• 0easement > 100%masonry CF 1 A` in > 2 masonry materials • AM* '\ __ L�_ _ MIN MN _ _ _ _ _I_ >entry emphasized �� 5oo.22.27.e 2e7so >facade offset plant schedule site= .6609 acres > pitched roof '�'N loriope bldg= 2,571 square feet ® 5-gal dwf burford holly % building coverage= 11% 5-gal maiden grass parking req'd @ 1:500= 5 spaces ` 3"live oak parking provided = 6 spaces - landscape req'd @ 10%of site= 2,878 square feet �J landscape provided = 872 square feet, plus landscape points site plan scale: 1:30 north c.cal young.architect 2809 Exchange issue 280o9 additior n site plan C) 1829 ridgelop lane Wylie, Texas plans.texas 7507/ Lot 41 Block C c•Y•a , 2,�.957.U977 Regency Business Park Phase II 04.sept.2004 A 1.00 cyoung@c yaweb.com ZE tbE:::::j 1--2 i__.=-1 7_____—.= —i � �- �Unde nee _ ) '! ; ._r i _fig b • - i i i — i F. M. 544 . , F. M.! - — —'Y-1� i i -L..1 i L�. i i i i i C i i i Ii i \--------r•-••\ Subject .._.._.._.._.._ ._..___..«. U 0 i Property _..«. ._..______ i i i i i 11 i \ - i11 i ..«._.._.._..- .• Steel Rood , steel ■ .) i i i • i i i I i i i i! •i i i i i ..,..-...._._. i i i _._ _— ! i I .._.._.._.._.. i Illl O i i m -- i ! i i CO WI !reef ._.._.._.._.. i i i i i ; 0 i i m i a i iIY i i t.x hpnae SEfe1t - i I "_Ifll i i i i i i LF i i i i i —— i i i i i i i i 1 -^4 i i i LOCATION MAP ZBA CASE #2004- 11 , , , ", ., , , JIHNSOYAssec:Ams,if, A. 0 ,tL0ifuc, H .i SERVICE WHEN You WANT IT P.O. Box 460897 • Garland, Texas 75046 • (972) 442-2594 • FAX (972) 442-4353 August 19, 2004 Board of Adjustment City of Wylie 2000 Highway 78 North Wylie, Texas 75098 Dear Board Members, The purpose of this letter is to request a hearing to review the zoning requirements of our property at 2809 Exchange Street, Wylie, Texas. This property, Lot Number 41, Block Number C of Regency Business Park-Phase 2, is owned by M.L. Johnson & Associates, Inc., which has operated within the City of Wylie since February of 1998. M.L. Johnson & Associates is an irrigation and landscape contractor that uses this property as the location for our business office. The yard behind our office is used as a staging area of plants, trees and landscape materials prior to leaving for job sites as well as, storing any equipment associated with our business. We recently submitted a building permit application for the purpose of expanding our office to accommodate the growth of our company. In doing so, we have learned that this expansion to the business office would mean we would loose our current legally non- conforming status to the new zoning requirements. This would eliminate our ability to use this property for any outside storage. Under the new zoning restrictions, in order to continue storing materials and/or equipment on our property, we would be required to enclose any storage areas under roof. Special conditions apply to all of the lots on the North side of Exchange Street that will not allow this type of structure to be built. Sixty percent of our lot is a TXU Transmission Line and Explorer Pipeline easement. The construction of any type of permanent structure within these types of easements is forbidden. This renders that sixty percent of the property unusable according to these current zoning restrictions. It is for these reasons that we feel a variance to these zoning restrictions is warranted. From the beginning, we made a good faith effort to correctly plan this project having met with city officials on three occasions during the planning process. During these meetings, we were provided verbal approval for the expansion. We have since moved forward with our engineering and construction loans that have closed and payments are being made. We also SPECIALIZING IN NEW CONSTRUCTION IRRIGATION • LANDSCAPE • SOD • MAINTENANCE have an e-mail from one city official to another providing written approval of the project as planned with only two exceptions. It was not until we applied for permits that these zoning issues arose. This request not only affects the use and value or our property but also every other property owner on the North side of Exchange Street. If this variance to the zoning restrictions is not granted, our properties become useless, unmarketable & significantly devalued. In addition, we will be forced to relocate our business operations outside the City of Wylie. Sincerely, Gre Ze Regional Director M.L. Johnson & Associates, Inc. attachments cc: All property owners on the North side of Exchange Street Public Hearing Item No. 1 ZBOA Case No. 2004-11 2809 Exchange Street I. ----------__Overhead Power lines / Exchange Street View of west side of building TXU Power Lines Approx.line of proposed expansion ext nds 20'-9"from face-0:existing bldq Approx_extent of ut'` , asements 170' from rear proppert' -- _• eight Subject property facing east Public Hearing Item No. 1 ZBOA Case No. 2004-11 2809 Exchange Street i I 1 1 11 -- 1,inehtOe!eU, eet ,i, s: d Existing Metal Building on Regency Drive • Existing nonconforming use with masonry exterior fronting Regency Drive Public Hearing Item No. 1 ZBOA Case No. 2004-11 2809 Exchange Street .411 141 ` , - Mom, - - 41, Jt View of parking in front of building NOTIFICATION REPORT APPLICANT: Greg Zemanek APPLICATION FILE ZBA#2004-11 2809 Exchange Street Wylie, Texas 75098 Fin BLK/ABST LOT/TRACT TAX I.D. # PROPERTY OWNER NAME ADDRESS Applicant 2809 Exchange Street 1 Greg Zemanek Wylie, Texas 75098 Regency Bus. Park#2 PO Box 51676 2 BIk C Lot 1 R-2208-00C-0010-1 Marilyn Pennington Amarillo, Texas 79159-1676 Regency Bus. Park#2 1105 E. Plano Pkwy. #3 3 Blk C Lot 2 R-2208-00C-0020-1 Plumlee Real Estate LT Plano, Texas 75074-8585 Regency Bus. Park#2 1105 E. Piano Pkwy. #3 4 BIk C Lot 3 R-2208-00C-0030-1 Plumlee Real Estate LT Plano, Texas 75074-8585 Regency Bus. Park#2 Gene Willingham 1320 Lorraine Drive 5 BIk C Lot 4 R-2208-00C-0040-1 Bravo Food Eqpt Sales Plano, Texas 75074-5912 Regency Bus. Park#2 2806 Capital Street 6 BIk C Lot 5 R-2208-00C-0050-1 NGH LLC Wylie, Texas 75098 Regency Bus. Park#2 2804 Capital Street 7 BIk C Lot 6 R-2208-00C-0060-1 Red River Construction Company Wylie, Texas 75098 Regency Bus. Park#2 2802 Capital Street 8 Blk C Lot 7 R-2208-00C-0070-1 Doug Hughes Wylie, Texas 75098 Regency Bus. Park#2 Jim Lewis 2802 Capital Street 9 BIk C Lot 38 R-2208-00C-0380-1 Affordable Boats Wylie, Texas 75098 Regency Bus. Park#2 2804 Capital Street 10 Blk C Lot 39 R-2208-00C-0390-1 Red River Construction Company Wylie, Texas 75098 Regency Bus. Park#2 PO Box 460897 11 BIk C Lot 40 R-2208-00C-0400-1 ML Johnson &Associates Garland, Texas 75046-0897 Regency Bus. Park#2 PO Box 460897 12 BIk C Lot 41 R-2208-00C-0410-1 ML Johnson &Associates Garland, Texas 75046-0897 Regency Bus. Park#2 PO Box 51676 13 Blk C Lot 42 R-2208-00C-0420-1 Marilyn Pennington Amarillo, Texas 79159-1676 Regency Bus. Park#2 1105 E. Plano Pkwy. #3 14 BIk C Lot 43 R-2208-00C-0430-1 Plumlee Real Estate LT Plano, Texas 75074-8585 Regency Bus. Park#2 PO Box 51676 15 BIk C Lot 44 R-2208-00C-0440-1 Marilyn Pennington Amarillo, Texas 79159-1676 Regency Bus. Park#2 2812 Exchange Street 16 BIk E Lot 2 R-2208-00E-0020-1 Scobilt Contractors, Inc. Wylie, Texas 75098 Regency Bus. Park#2 2810 Exchange Street 17 Bik E Lot 3 R-2208-00E-0030-1 Charles Hayes Wylie, Texas 75098 Regency Bus. Park#2 431 Lakefield Drive 18 BIk E Lot 4 R-2208-00E-0040-1 Josh Van Slightenhorst Plano, Texas 75094-4287 Regency Bus. Park#2 PO Box 51676 19 BIk E Lot 5 R-2208-00E-0050-1 Marilyn Pennington Amarillo, Texas 79159-1676 Regency Bus. Park#2 PO Box 51676 20 BIk E Lot 6 R-2208-00E-0060-1 Marilyn Pennington Amarillo, Texas 79159-1676 Regency Bus. Park#2 PO Box 51676 21 BIk E Lot 7 R-2208-00E-0070-1 Marilyn Pennington Amarillo, Texas 79159-1676 BC Wood PO Box 1042 22 Abst 835 Tract 17 R-6835-000-0170-1 c/o Ida Pearl Scholz Wylie, Texas 75098 23 24 25 26 27 28 29 30 31 32 33 34 7 CcD ° Lo S L r 7 0(SenCq ivte55 Park. 2 - CnC ./Thce S [ r 1 77 1v 11 ZBA CASE #2004- 1 `s PUBLIC COMMENT FORM (Please type or use black ink) Planning Department 2000 Highway 78 North Wylie,Texas 75098 4 I am FOR the requested variance as explained on the attached public notice for ZBA Case #2004-11. • I am AGAINST the requested variance as explained on the attached public notice for ZBA Case#2004-11. Date,Location&Time of Zoning Board of Adjustment meeting: Monday,October 25,2004,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: �A-i V( in /./19c/-F (please print) Address: 2-VQ 6 Ca,flit(...- • zy Signature: 1 .� �01-- Date: / 6 f COMMENTS: 4 it,-9 Ge,O %g/e4,9„,„4-; (ze.A. Asti ZIvlaz.,/7 J46, c . &A_ At f idt, Public Hearing Item No. 2 City flfWylie ZBOA No. 2004-12 Zoning Board of Adjustment Public Hearing: October 25, 2004 Owner/Applicant: Gilbert Delgado Location: 1011 Squire Drive, Lot 3 of Wyndham Estates Ph 3 Request: Variance to Section 20.3(1)(a) Industrial District front yard regulations of the 1985 Zoning Ordinance to allow a decrease in the front yard setback requirement by 8.2 feet. Background: The subject property has been platted since 1986 as Lot 3, of the Wyndham Estates Phase III Addition, and is zoned Industrial (I). When the building was built in 1997, the southwest corner was built 11.8 feet into the required building setback line. Section 20.3(1)(a) of the Zoning Ordinance in place at the time of platting requires a minimum front yard setback of 20 feet. The building has a front building line setback of 16.8 feet at its narrowest point (western side). The eastern side is located on the building line. The current owner is selling the property and the financial institution for the purchaser is requesting a variance to show the property to comply with requirements. Section 8.4(E)(4)(b) of the Zoning Ordinance provides that the Zoning Board of Adjustments 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. In order to grant a variance to the development code the Board shall find that all the following have been satisfied: ZBOA 2004-12 (1) That there are unique physical circumstances or conditions of the lot, or other exceptional physical condition particular to the affected property; (2) That because of these unique physical circumstances or conditions, the property cannot be reasonably developed or used in compliance with the provisions of the development code; (3) That due to such unique physical circumstances or conditions, the strict application of the development code would create a demonstrated hardship; (4) That the demonstrable 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 development code; and (8) That the variance, if granted will not adversely affect the health, safety or welfare of the citizens of Wylie. Considerations: 1. Comment Forms were mailed to ten (10) property owners within 200 feet of the subject property, as required by State Law. One form had been returned at the time of this posting, favoring the request. 2. The previous Zoning Ordinance in force when the building was constructed, required a front yard set back of twenty (20) feet for Industrial zoned districts. It is not known why the existing structure was permitted to be constructed and occupied contrary to this requirement. However, as constructed, the building is illegal. 3. The building and grounds do not or may not comply with other requirements of the current development code, including landscaping, parking, building articulation and exterior masonry. Approval of the requested variance will make the setbacks legal but will not correct other nonconformities. Attachments: Location Map Survey Plat Site Photos Notification List and Map with Responses rrf U / i fM 4_ i !t f i :i 1g State Highway No. 78 z SN s. No i ss I. JT. Subiect • i /• Si s-,`^♦ 1rk Wit.c. / ` �i IIIIIIII J �y allillEIWIIN I , r� `"' _a �`�I, IN '1 __.__._.._.._ .■■■■■liar z Si. 1111111111111 i!■■■i � - ■INIIII/ .._...__.._.._._.___-. lat I" 1111111VOIMMIIIWZilw 1111i1 ■■■NNii-iilinn V_.._._.._.. _...._.._.... __ _I I1 K �i�� ..,I11 � p111111 ■1111■r -._ -- uuINN r--,..inti /W ■IINm ` liii., --- -- --• � UMW IIIIIIR iiIIIP ?Lt itill& UN& ''' i ,itia i _ . istuipgr PIC CAI►\lii► --r--.._... III '�_; •;_:_ LOCATION MAP ZBA CASE #2004- 12 SURVEY PI-,AT THIS IS TO CERTIFY that I have, this date, made a careful and accurate survey, on the ground of property located at No. 1011 SQUIRE DRIVE in the City of L1E COLLIN _ County, Texas. Being Lot 3 , Block of WYN➢HAM ESTATES. PHASE Ill, an addition to the city of WYLIE. COLLIN COUNTL , Texas, according to I the MAP OR PLAT thereof recorded in VOLUME F. PAGE 579 of the MAP Records of COLLIN County, Texas. And, According to Community-Panel No. 48085C - 0470 Rev. C of the FEDERAL EMERGENCY MANAGEMENT AGENCY Flood Hazard Boundary or Flood insurance Rate Maps dated 1-19-96_, ithe subject property IS NOT located in a designated Zone A (Area of 100 Year Flood Plain). 1 I 1V 1 t N 89'56'00"E 160.86' z K s'uTrunf cFWIT—KARAT N x ate- s'nramcasrMT-PER RAT �// -- --- OFF IN w Oes N N 2 W �\ LOT 3 4 It o o 0 0 N N O 7935 Ca 0 WA ONE STORY METAL — Fl01I _ __ IRIS IRF NOTE'PROTRUDES w471,,, SLOG.LINE-&2O \_ Q'v4114• ry ------- zaR c sroNE o sPo � :` S �s,O?O q ` w ri a�i METFq _ ,• � OFT IRS °Rive To: COMMONWEALTH LAND TITLE in connection with the transaction described in CF No. 22320000/6 . Use of this survey by other parties and/or for other purposes shall be at user's risk and any loss resulting from other use shall not be the responsibility of the undersigned. AND the plat hereon is a correct and accurate representation of the property, lines and dimensions are as indicated; location and type of buildings are as shown; and EXCEPT AS SHOWN,all improvements are located-vithin the boundaries the distances indicated,and EXCEPT AS SIiOWN,there are no visible and apparent encroachments or protrusions on the ground. PURCHASER: BLACK Eoo.. SCALE: I' 30' ALLIANCE LAND TITLE SURVEYS 9 `a, �� DATE: _9215t04__ P.O. BOX 870075 MIL E '"°` L JOB NO: 2O4149 MESQUITE, TEXAS 75150 44Va°3 phis w,lie - Ke terea r ro 1 w 972-613-9997 FAX 972-613-4707 �"9M''� J rid jeesiu65. DRAWN BY: P Duna surveyor No.J653 Public Hearing Item No. 2 ZBOA Case No. 2004-12 1011 Squire Drive I I ''.I i . : : I ':I I I i 1 1 I ' I I d.x... :. <c - i I ! � I + ii1 I � I ! ( 20' Bldg'Linesetback ' , i ; ! ! 11'-8"western corner. , III i - . Western view of subject property 11•11,J11- 2,t- .- ' 111 II II i . ' 1 0 ' OF— ha a`.• - Subject property facing west NOTIFICATION REPORT APPLICANT: Gilbert Delgado APPLICATION FILE ZBA#2004-12 1011 Squire Drive Wylie, Texas 75098 0 BLK/ABST LOT/TRACT TAX I.D. # PROPERTY OWNER NAME ADDRESS Applicant 1011 Squire Drive 1 Gilbert Delgado Wylie, Texas 75098 Wyndham Estates#3 3020 Paint Brush Trail 2 --- Lot 1 R-2057-000-0010-1 Joe Cowgill Rockwall, Texas 75032-6534 Wyndham Estates #3 PO Box 941209 3 --- Lot 2 R-2057-000-0020-1 Gallagher Construction Co. Plano, Texas 75094-1209 Wyndham Estates#3 401 Adams Avenue 4 --- Lot 3 R-2057-000-0030-1 Superior Carpet Cleaning Wylie, Texas 75098 Wyndham Estates #3 PO Box 519 5 --- Lot 4 R-2057-000-0040-1 Arthur Criscuolo Wylie, Texas 75098 Wyndham Estates #3 PO Box 1132 6 --- Lot 6R R-2057-000-006R-1 Tommy Pulliam Wylie, Texas 75098 Wyndham Estates#3 PO Box 1132 7 --- Lot 8R R-2057-000-008R-1 Tommy Pulliam Wylie, Texas 75098 Wyndham Estates #3 304 Yale Boulevard N. 8 --- Lot 9 R-2057-000-0090-1 Jerry Randack Richardson, Texas 75081-3927 Wyndham Estates#3 304 Yale Boulevard N. 9 --- Lot 10 R-2057-000-0090-1 Jerry Randack Richardson, Texas 75081-3927 Wyndham Estates #3 7205 Seascape 10 --- Lot 25 R-2057-000-0250-1 Carlos Meireles Rowlett, Texas 75088-6336 Wyndham Estates#3 PO Box 451356 11 --- Lot 26R R-2057-000026R-1- Squire &Associates, LP Garland, Texas 75045-1356 Wyndham Estates#3 1010 Squire Drive 0 12 --- Lot 28R R-2057-000-028R-1 Rushin Truss Ltd. Wylie, Texas 75098 4008 Rollings Knolls Drive 13 Abst 688-2 Tract 58 R-6688-002-0580-1 Sharman Family Trust 1997 Parker, Texas 75002-2750 14 a- go, Z( AGNtNST 15 16 17 I Ms4-' 688 - 2 fir `5. ) c i ` Wqrldilab'vi f-aAeb 3 0 1 lo e o _______ rive _________ _ vi to (J .., EcA7-, #2004- 12 '` � �ZBA CASE 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 #2004-12. I am AGAINST the requested variance as explained on the attached public notice for ZBA Case#2004-12. Date,Location&Time of Zoning Board of Adjustment meeting: Monday,October 25,2004,7:00 pm Municipal Complex, 2000 Highway 78 North,Wylie,Texas Name: P fdSl l 0 If Y'5 (please print) Address: 1010 SGt,A,, e b t t1 e- (1)t(`)e -T)c -'SO9r? Signature: \ i`✓ `a I e Date: i ,//- COMMENTS: Public Hearing Item No. 3 rill:Hye ZBOA No. 2004-13 Zoning Board of Adjustment Public Hearing: October 25, 2004 Owner/Applicant: Glenn Sparks Location: 301 Duncan Way, Lot 12, Block 2 of Caldwell Estates Request: Variance to the Building Regulations, Article XI- Fences, Section 22-394, to allow a front yard 4 feet picket fence. Background: The subject property was created as Lot 12, Block 2 in the Caldwell Estates Addition. The property was developed according to the regulations of the Single Family-3 (SF-3) Residential District of the 1985 Zoning Ordinance, and is now zoned SF 8.5/17. The property is located on a corner lot. The front yard measures approximately 30 feet deep and 77.5 feet wide. The owner/applicant constructed a 4 feet high decorative picket fence within the required front yard to provide safety for their three children while playing in the front yard. The fence has 50% visibility. In addition, the applicant is proposing to install several solar powered lights in the fence. The applicant has stated that this area is the only area that provides adequate shading for the children's play. Section 22-394 of the Building Regulations of the Code of Ordinance states that front yard fences in residential districts are prohibited, except that side yard fences may extend between the building line and front property line and/or street side building line for corner lots for residential buildings facing the side street, if of an ornamental type. Ornamental type fences shall not exceed six feet in height with at least 50 percent through vision. Section 8.4(E)(4)(b) of the Zoning Ordinance provides that the Zoning Board of Adjustments 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 ZBOA 2004-13 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. In order to grant a variance to the development code the Board shall find that all the following have been satisfied: (1) That there are unique physical circumstances or conditions of the lot, or other exceptional physical condition particular to the affected property; (2) That because of these unique physical circumstances or conditions, the property cannot be reasonably developed or used in compliance with the provisions of the development code; (3) That due to such unique physical circumstances or conditions, the strict application of the development code would create a demonstrated hardship; (4) That the demonstrable 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 development code; and (8) That the variance, if granted will not adversely affect the health, safety or welfare of the citizens of Wylie. Considerations: 1. Comment Forms were mailed to twenty-one (21) property owners within 200 feet of the subject property, as required by State Law. Two forms have been returned at the time of this posting. 2. Duncan Way and Second Street are both local neighborhood streets providing residential access and are not major collector streets. The fence provides no conflict to vision of traffic on the streets. 3. No other fences were observed within front yards within the immediate area. A similar fence does exist on Stone Road to the northeast of the subject lot, but it is not known how that fence was allowed. 4. The Board approved a request for a similar picket fence in a front yard facing Parker Road in January of 2001 (Case No. 2001-8). The fence has not yet been constructed. ZBOA 2004-13 5. The reasons for the prohibitions of front yard fences are not clear. Fences which comply with the shorter height and greater through visibility pose no crime or emergency access problems according to Fire and Police. Attachments: Location Map Memo from Applicant Site Photos Buildings and Building Regulations Sec. 22-394 Notification List and Map with Responses i Aspen Lane ! °`/6 t0 i N : i .._. 1 9` i, Io i Vail Court 1 1 1 I 1 1 j 1 rive j i N n - I I I I i7 Taos Court 0 C J NIm Q L_.. CO 1 -2 .-. --1 _ _.._ • 1— i o o O 0 1 _, „) Q 0 0 ______, 7, 0 c --c Silver Cityr Drive < I - 0 00 -* D j N N D Cf) 1 Cl, i i I m j _ - I i i j I i i I • 0 j Se d Street RPIIIP N z Sierra Blancal Drive i i o ■ I .1°° 1 -0 j 1 • 1 I Red River Drive I jF j ; -Ti 1 j I 1 i ourth Pa)arlto Mountain Drive I < / i Hilltop Lane •. .._..i.._ ._. . ._.._.1_.._. _ j III 1 I / /I , III J 1 jIII i HI Ito 1 I — ' 1 til 1 I I I I 1 1 Dear Board of Adjustment, We live at 301 Duncan Way and would like to request a variance for the fence in our front yard. The main reason we need to keep this fence is because it provides a boundary for our three young children, Hayden 6, Micah 23 months and Emma 7 months, as they are playing in the front yard. The reason this is so crucial is because of the traffic on the corner of Second and Duncan Way. Drivers have a tendency to speed around this corner very quickly, and there is also a significant amount of traffic during school drop- off and pick-up times. We believe this fence is added safety for our family. Secondary, but also very important, is the fact that this is the only shaded area that we have for our children to play. It is a four-foot decorative fence, not a privacy fence, and it has 50% visibility. The fence is also lit up at night with several solar powered lights for safety. For these reasons we are asking for you to please grant this variance. Thank you for considering our request. Sincerely, Glenn, Keli, Hayden, Micah And Emma Sparks Public Hearing Item No. 3 ZBOA Case No. 2004-13 301 Duncan Way ■�ja _ t : r im,i _. _, , It - • `{ III { ( , ' la ,ill i k 1. ' 1 ilitii ! ii i !1,, , , , , , Existing picket fence in front yard • s -* 46k. -j1�' v, r'-I.' 's rT ts.I :..-' -.c ''#" t N d Y iq,.a Y >` _ ,. Lys "s ..x- Existing picket fence in front yard BUILDINGS AND BUILDING REGULATIONS §22-396 Sec. 22-389. Compliance with the zoning or- Sec. 22-392. Height limit along rear yard or dinance. alley line in residential dis- All fences and fence locations shall conform to tricts. the requirements of the zoning ordinance of the No fence shall be constructed at a height ex- city, and nothing in this article shall be construed ceeding eight feet along the rear yard or alley line as permitting construction of a fence which would in residential districts. violate the provisions of the zoning ordinance, as (Ord. No. 78-15, §VII, 4-18-78; Code 1991, ch. 3, such ordinance presently exists or as it may be § 12.07) hereafter amended. (Code 1991, ch. 3, § 12.04) Sec. 22-393. Height limit on side yard line in Sec. 22-390. Location on or protrusion over residential districts. city property. No fence shall be constructed at a height ex- No privately owned fence or guy wires, braces ceeding eight feet on any side yard line in resi- or any other part of a privately owned fence shall dential districts up to the building line of the be constructed upon or caused to protrude over house proper.All such fences constructed on side property owned by the city. yard lines in residential districts must be vertical. (Code 1991, ch. 3, § 12.05) (Ord. No. 78-15, §VIII, 4-18-78; Code 1991, ch. 3, § 12.08) Sec. 22-391. Visibility obstruction. No fence shall be erected or maintained in a Sec. 22-394. Front yard fences in residential manner so as to be a visibility obstruction as districts prohibited;exceptions; indicated in figure 1 of this section and made a height limit and visibility of side part of this section. property line fences extending Figure 1 or constructed past the build- ing line. No fence shall be constructed between the build- ing line and front property line and/or street side I r I I building line for corner lots for residential build- ings facing the side street, except for ornamental 1 _ ' type fencing on side yard property lines built _____J __ between the building line and front property line. J �I Ornamental type fences shall not exceed six feet in height with at least 50 percent through vision. - VICb•-TT•IATIO• (Ord. No. 78-15, § IX, 4-18-78; Code 1991,ch. 3, § �. IOU 12.09) MI\ :� It _; of YAW OSf TRYCT10■ ta .or.vit.a C.T TC. ..C�o• C Sec. 22-395. Height limit in industrial dis- tricts. AREA OF VISIBILITY No fence shall be constructed at a height ex- _ ceeding ten feet in industrial districts. _ (Ord. No. 78-15, §X, 4-18-78; Code 1991, ch. 3, § a 12.10) 3 at Sec. 22-396. Height limit around tennis courts; fence arms. Fences around tennis courts, regardless of the district in which they are located, shall be con- structed at a height not exceeding ten feet, and (Ord. No. 78-15, §VI,4-18-78; Code 1991, ch. 3, § fence arms shall not be allowed thereon. 12.06) (Code 1991, ch. 3, § 12.11) CD22:15 NOTIFICATION REPORT APPLICANT: Glenn Sparks APPLICATION FILE ZBA#2004-13 301 Duncan Way Wylie, Texas 75098 # BLK/ABST LOT/TRACT TAX I.D. # PROPERTY OWNER NAME ADDRESS Applicant 301 Duncan Way 1 _ Glenn Sparks Wylie, Texas 75098 Caldwell Estates 100 Thompson Drive 2 BIk 2 Lot 7 R-1159-002-0070-1 Ed Smith Richardson, Texas 75080-5517 Caldwell Estates 306 E. Stone Road 3 BIk 2 Lot 8 R-1159-002-0080-1 Jacinda Yoder Wylie, Texas 75098 Caldwell Estates 304 E. Stone Road 4 BIk 2 Lot 9 R-1159-002-0090-1 _ Robert Lobo Wylie, Texas 75098 Caldwell Estates 302 E. Stone Road 5 BIk 2 Lot 10 R-1159-002-0100-1 KG Morgan Wylie, Texas 75098 Caldwell Estates 300 E. Stone Road 6 BIk 2 Lot 11 R-1159-002-0110-1 Sandra Phillips Wylie, Texas 75098 Caldwell Estates 301 Duncan Way 7 BIk 2 Lot 12 R-1159-002-0120-1 Glenn Sparks Wylie, Texas 75098 Caldwell Estates PO Box 1256 8 BIk 2 Lot 13 R-1159-002-0130-1 Bruce Epple Wylie, Texas 75098 Caldwell Estates 305 Duncan Way 9 BIk 2 Lot 14 R-1159-002-0140-1 Jason James Wylie, Texas 75098 Caldwell Estates 1130 Creekwood Drive 10 BIk 2 Lot 15 R-1159-002-0150-1 Donald Whitt Garland, Texas 75044-2412 Caldwell Estates 309 Duncan Way 11 BIk 2 Lot 16 R-1159-002-0160-1 Rafael Ramirez Wylie, Texas 75098 Caldwell Estates 209 Duncan Way 12 BIk 3 Lot 1 R-1159-003-0010-1 Felipe Almendarez Wylie, Texas 75098 Caldwell Estates PO Box 784 13 BIk 3 Lot 2 R-1159-003-0020-1 Jacky Rollins Wylie, Texas 75098 Caldwell Estates 205 Duncan Way 0 14 BIk 3 Lot 3 R-1159-003-0030-1 Belinda Whatley Wylie, Texas 75098 Caldwell Estates 2900 Park Avenue S. 15 BIk 4 Lot 1 R-1159-004-0010-1 Charles Kuykendall, Sr. Denison, Texas 75020-7328 Caldwell Estates 206 Duncan Way 16 BIk 4 Lot 2 R-1159-004-0020-1 Dorsey Murphy Wylie, Texas 75098 Caldwell Estates 204 Duncan Way 17 BIk 4 Lot 3 R-1159-004-0030-1 Howard Nesler Wylie, Texas 75098 -_ 11O,L1NST Caldwell Estates 308 Duncan Way 18 Bik 5 Lot 7 R-1159-005-0070-1 Jesus Vasquez Wylie, Texas 75098 Caldwell Estates 306 Duncan Way 19 Blk 5 Lot 8 R-1159-005-0080-1 Ricky Blain Wylie, Texas 75098 Caldwell Estates PO Box 877 20 Blk 5 Lot 9 R-1159-005-0090-1 Kerry Meuir Princeton, Texas 75407-0877 Caldwell Estates 302 Duncan Way 21 Blk 5 Lot 10 R-1159-005-0100-1 Glenda Deleon Wylie, Texas 75098 Caldwell Estates 100 Thompson Drive 22 Blk 5 Lot 11 R-1159-005-0110-1 Ed Smith Richardson, Texas 75080-5517 PO Box 56 23 Abst, 23 Tract 29 R-6023-000-0290-1 Milford Founders Ltd Wylie, Texas 75098 24 25 26 27 28 29 30 31 32 33 34 35 36 7 6 5Fo Per-A- 2-3 f oad 6o-ld 'el1 uu 6s-1-o,fe 7 6 L_ o 17 a „ Duran W a 0 CD 0 e rive a = ��2 1 "-= 100' X = AG►Ai tisT ZBA CASE #2004- 13 PUBLIC COMMENT FORM (Please type or use black ink) Planning Department 2000 Highway 78 North Wylie,Texas 75098 \X I am FOR the requested variance as explained on the attached public notice for ZBA Case #2004-13. I am AGAINST the requested variance as explained on the attached public notice for ZBA Case#2004-13. Date,Location&Time of Zoning Board of Adjustment meeting: Monday,October 25, 2004,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas i Jr It° <,( Name: L__ 10--t)(--.) Lk )1f. 1 :_tr ing Address: 7-s) )f 0 if) LAI. 7 9 ... , , Signature: nn pp J`" Date: .- l �If )l_ I COMMENTS: 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 #2004-13. • I am AGAINST the requested variance as explained on the attached public notice for ZBA Case#2004-13. Date,Location&Time of Zoning Board of Adjustment meeting: Monday,October 25,2004,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: J 6S U Lc 4, ills E x, (please print) Address: `3C PE(i C1l/ 07,41 1vYL i ( TK 7L5Q9' Signature: - ✓,ar L' ` Date: - j 7 "/ ..� 0 y COMMENTS: PUBLIC COMMENT FORM (Please type or use black ink) Planning Department 2000 Highway 78 North Wylie,Texas 75098 rI am FOR the requested variance as explained on the attached public notice for ZBA Case #2004-13. I am AGAINST the requested variance as explained on the attached public notice for ZBA Case#2004-13. Date,Location&Time of Zoning Board of Adjustment meeting: Monday,October 25,2004,7:00 pm Municipal Complex, 2000 Highway 78 North,Wylie,Texas Name: (r Cky ,/�o/// �-S (please pint) Address: j© .7 J 3 ,,- G Az2---- y 9i 7 / `.�y�r-j&' PJ ' Signature: `2% GC r Date: 1/4 — /d ,2-4967 COMMENTS: f ,( Me c.e/A-ce / *s ' -T 4T ley) o /ve ©-f- 11,5 k f1-47,A7 - -) i/I' The .51 eel o/ e!/e.' ,p/0 tier- /"�i e' b o,c .6-e; ,6; n-- ,f 5/.7iny dam, 4 fr/50. be //eve /42 t/ salr�,%%� A//o' peA, '/e _ v/v av c,�� .9 7P /i-A-e C /'`vvoh75✓ 7 4,/ rye 71-e ifi ®' (>9) /,.�/3 C e 4'eir- A p ?J -E / .rF/y' 7/ A>-- e/, .__,. - il [0 ._ i T Tri\I 1 , 1 OCT 2 5 2004 I By 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 #2004-13. I am AGAINST the requested variance as explained on the attached public notice for ZBA Case#2004-13. Date,Location&Time of Zoning Board of Adjustment meeting: Monday,October 25,2004,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: (2IhI LEs , ei)//< /f),A9z e- (please print) v Address: 2. e2 s b V A)(./1� �/ / R - // 5---y , 00 -Ft „-- 0 0/075L, Signature: ti V,-_, Date: I e 0 cf 7 0 COMMENTS: [)) Lg (:6 LL--, li T p JL OCT 25 2004 L By rdifl Public Hearing Item No. 4 City of Wylie ZBOA No. 2004-14 Zoning Board of Adjustment Public Hearing: October 25, 2004 Owner/Applicant: Jal R. Dennis Location: 811 Crestview Lane, Lot 2, Block C of Stoneridge Farms Phase I Request: Variance to Section 2.5.4(b) Accessory Buildings of the Zoning Ordinance to allow a minimum square feet of accessory buildings from 600 square feet to 650 square feet minimum, and a variance to Section 2.5.4(e)(3) Exterior Wall Requirements of masonry to allow metal building. Background: The subject property was created as Lot 2, Block C in Stoneridge Farms Phase I. The property was developed according to the regulations of the Single Family-1 (SF-1) Residential District of the 1985 Zoning Ordinance, and is now zoned SF 10/19. The property totals 0.86 acres and is occupied with a residence of masonry construction. The owner/applicant desires to construct a metal shop and carport on the subject property, which it is claimed, to have been in the construction process since September 2003. In September 2003, new regulations for residential accessory buildings were added to the Zoning Ordinance. Section 2.5.4(b) states that detached accessory buildings shall not be more than two (2) accessory buildings placed on any residential lot. The combined floor area of all accessory buildings shall not exceed six hundred (600) square feet or twenty-five (25) percent of the primary structure, whichever is less. Furthermore, Section 2.5.4(e)(3) of the Zoning Ordinance requires that accessory buildings over three hundred (300) square feet in area be constructed with exterior walls composed of the same masonry content required of the main structure. The masonry used on the accessory building shall closely resemble the masonry used in the main building. ZBOA 2004-14 Section 8.4(E)(4)(b) of the Zoning Ordinance provides that the Zoning Board of Adjustments 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. In order to grant a variance to the development code the Board shall find that all the following have been satisfied: (1) That there are unique physical circumstances or conditions of the lot, or other exceptional physical condition particular to the affected property; (2) That because of these unique physical circumstances or conditions, the property cannot be reasonably developed or used in compliance with the provisions of the development code; (3) That due to such unique physical circumstances or conditions, the strict application of the development code would create a demonstrated hardship; (4) That the demonstrable 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 development code; and (8) That the variance, if granted will not adversely affect the health, safety or welfare of the citizens of Wylie. Considerations: 1. Comment Forms were mailed to fourteen (14) property owners within 200 feet of the subject property, as required by State Law. No forms had been returned at the time of this posting. 2. The proposed carport and shop will total 1,300 square feet. The shop will be 650 square feet, or 7.7% larger than the maximum allowed 600 square feet. ZBOA 2004-14 3. The proposed shop and carport will be constructed of metal, rather than of masonry resembling the main residence. 4. There are several large accessory buildings existing within the Stoneridge Farms subdivision, including lots across Crestview from the subject property and on abutting lots to its south and southeast. A very similar design as proposed is existing at 640 Oakbrook Drive. No masonry accessory buildings were observed in the immediate area, although a masonry shop matching the residence is located at 900 Oakbrook Drive. 5. It is claimed that the proposed building was initiated prior to changes in the code limiting size and requiring masonry walls. However, only grading has been completed and no foundation or structure has been completed to date. 6. An application for building permit was submitted on May 12, 2004 for a carport and shop building. Building Inspections did not grant the permit, citing that the owner/applicant must appear before Board of Adjustment for a variance. 7. Building Inspections requested that the owner/applicant obtain a letter of acceptance from the Engineer on the existing slab. Attachments: Location Map Site Photos Proposed Plan Notification List and Map with Responses I o 3 Heotherwood Drive �" J . a> > — i -op 0 o N o c 3 J v 3 ores e Lone c )‘..\// s,„ ch. s D b p 1 a _. O p I I L Autumn Hill Drive �� m ,� i 1 0 Subject - --- - Property a hway 544) -JAI I (I) 1 1 > I • 1 r= . view I ane c4- Z .„ - I L I , y 4K4, .1 . 1 • 1 L I iL C i ` N 1 11 � O0 D in rive 1 1 i :\ 1 1 1 1 1 ...F.T.ITT.T.T.T.T r r r r. r..r..r.._.. LOCATION MAP ZBA CASE #2004- 14 Public Hearing Item No. 4 ZBOA Case No. 2004-14 811 Crestview — Backyard of subject property showing existing slab Backyard of subject property from rear property line Public Hearing Item No. 4 ZBOA Case No. 2004-14 811 Crestview View of storage building across the street from subject property 40 View of storage building diagonally across the street from subject property Public Hearing Item No. 4 ZBOA Case No. 2004-14 811 Crestview ot 2,rv.., 'lR� �4��IYyt k e.— NC View of property within subdivision with masonry accessory building. View of property within subdivision with detached metal carport and shop A N Li?, gil Cre5rvfece2 . pasionkii 1011114 fisailf. filrgilat . c'At.5-i;41i , • . c. ,•,, • . 4..,,....„ , . - I 1 ( \if . • !1 005i.45 thw"E . i t 'il • 1/2/k tiltf . -11 L . ). -Prik I ' L --)-?..-- i,.,rafe. ,0 I * 114 . of -..;,..i. - . . A. . . . :0. . t . 0 tin - f7 .(411* #1546 19,41, ve Rir 1/2I1*' . ..__ . .... - . . • • . 31 i ft N 89•35 31 W 1 !•1 �d cti .lts Het-air en v'`z a t Y 3 "r2u4sest AJai I �ed r oo� Pur 4 J hi s 0 ''4� w O cA by Wee". 14 Yet," a4 ��o lc /"-- hoi+ t '�.. -a 4x� cc�a +�oaFe� e t raN "'7"+ u s Ca<ic H "-'"' Pos t t *. - 1. PIP a1CIo UM I Gur+s fi s bo ktofA, form NOTIFICATION REPORT APPLICANT: Jal Dennis APPLICATION FILE ZBA#2004-14 811 Crestview Lane Wylie, Texas 75098 Q BLK/ABST LOT/TRACT TAX I.D. # PROPERTY OWNER NAME ADDRESS Applicant 811 Crestview Lane 1 Jal Dennis Wylie, Texas 75098 Stoneridge Farms #1 620 Oakbrook Drive 2 BIk A Lot 3 R-3718-00A-0030-1 Joe Murray Wylie, Texas 75098 Stoneridge Farms#1 630 Oakbrook Drive 3 BIk A Lot 4 R-3718-00A-0040-1 Greg Wyrem Wylie, Texas 75098 Stoneridge Farms#1 640 Oakbrook Drive 4 BIk A Lot 5 R-3718-00A-0050-1 Troy Kardokus Wylie, Texas 75098 Stoneridge Farms #1 650 Oakbrook Drive 5 BIk A Lot 6 R-3718-00A-0060-1 Jose Mendez Wylie, Texas 75098 Stoneridge Farms #1 801 Crestview Lane 6 Blk C Lot 1 R-3718-00C-0010-1 Joel Scott Wylie, Texas 75098 Stoneridge Farms#1 811 Crestview Lane 7 BIk C Lot 2 R-3718-00C-0020-1 Jal Dennis Wylie, Texas 75098 Stoneridge Farms#1 821 Crestview Lane 8 BIk C Lot 3 R-3718-00C-0030-1 Matthew Russell Wylie, Texas 75098 Stoneridge Farms#1 831 Crestview Lane 9 BIk C Lot 4 R-3718-00C-0040-1 Jack Bader Wylie, Texas 75098 Stoneridge Farms #1 651 Oakbrook Drive 10 BIk C Lot 9 R-3718-00C-0090-1 Joseph Savarese Wylie, Texas 75098 Stoneridge Farms #1 641 Oakbrook Drive 11 BIk C Lot 10 R-3718-00C-0100-1 Denise Robinson Wylie, Texas 75098 Stoneridge Farms#1 830 Crestview Lane 12 BIk D Lot 3 _ R-3718-00D-0030-1 - Travis Nelson Wylie, Texas 75098 Stoneridge Farms#1 820 Crestview Lane 13 BIk D Lot 4 R-3718-00D-0040-1 Arthur Willingham Wylie, Texas 75098 Stoneridge Farms #1 810 Crestview Lane 14 BIk D Lot 5 R-3718-00D-0050-1 Diana Liegel Wylie, Texas 75098 Stoneridge Farms #1 800 Crestview Lane 15 BIk D Lot 6 R-3718-00D-0060-1 John Hendrix Wylie, Texas 75098 16 17 + er ; Fdtrrn D CnesTvOew 77 40. ZBA CASE #2004- 14 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 #2004-14. I am AGAINST the requested variance as explained on the attached public notice for ZBA Case#2004-14. Date,Location&Time of Zoning Board of Adjustment meeting: Monday,October 25,2004,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: i De, and /n creel 111 IAurrzq (please print) Address: (p 2 0 Go b rn o k Dr, 1111 inkgdA cevuiezV Signature: Date: I b v2. 5 v y COMMENTS: 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 #2004-14. I am AGAINST the requested variance as explained on the attached public notice for ZBA Case#2004-14. Date,Location&Time of Zoning Board of Adjustment meeting: Monday,October 25,2004,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: L/,t4)4 3e.O*1 (please print) Address: ISO I C CE'TO I E W LA) y l�. 1 X 7�c T V Signature: .et JAati4 Date: /0 62 d-- O Ci COMMENTS: 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 #2004-14. • I am AGAINST the requested variance as explained on the attached public notice for ZBA Case#2004-14. Date,Location&Time of Zoning Board of Adjustment meeting: Monday,October 25,2004, 7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: Cr'R Age IW 111 `%/I4 (please print) Address: C 3 0 0 I,e6 RO O e 0 tv"j L. ( t r 7`71- —7 so 9ci' Signature: �`j W�i� Date: [9C T— / f— ZOv COMMENTS: PUBLIC COMMENT FORM (Please type or use black ink) Planning Department 2000 Highway 78 North Wylie,Texas 75098 VIam FOR the requested variance as explained on the attached public notice for ZBA Case #2004-14. _ 1 am AGAINST the requested variance as explained on the attached public notice for ZBA Case#2004-14. Date, Location&Time of Zoning Board of Adjustment meeting: Monday, October 25, 2004, 7:00 pm Municipal Complex, 2000 Highway 78 North,Wylie,Texas Name: 0, F lE__-&-7-61-1- , -) , (please print) Address: I a 0 g k `1 `c GO tel•nr / 0 4/ C3 Signaure: a . /�t✓ Date: /6 /4- 0 COMMENTS: 6 l OCT 2 5 2004 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 #2004-14. I am AGALNST the requested variance as explained on the attached public notice for ZBA Case#2004-14. Date, Location&Time of Zoning Board of Adjustment meeting: Monday, October 25, 2004, 7:00 pm Municipal Complex, 2000 Highway 78 North, Wylie,Texas Name: /6YI /D / 5 (please print) Address: (0(f/ filiK6XGY)/(_ U( -7LS 7 J Signature: 2s ', Date: /0--/ y COMMENTS: U � S 1.11 0CT 2 5 2004 PUBLIC COMMENT FORM (Please type or use black ink) Planning Department 2000 Highway 78 North Wylie,Texas 75098 17-- I am FOR the requested variance as explained on the attached public notice for ZBA Case #2004-14. I am AGAINST the requested variance as explained on the attached public notice for ZBA Case#2004-14. Date,Location&Time of Zoning Board of Adjustment meeting: Monday,October 25,2004,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: 701-14, /1. I-k<atd t2 i �C .�•nd.�.0/��nd a<.�(, (please print) Address: 800 C1e e.7<v!e_a) £A NG Wy,C.<e ,.r 76o9S Signature: r(yiy hdo , Date: l 0,-a.U—0-54 COMMENTS: • U \.J �1.. ocT 2 5 7-n4 U 1 IP City of Wylie Public Hearing Item No. 5 ZBOA No. 2004-15 Zoning Board of Adjustment Public Hearing: October 26, 2004 Owner: C.T. Beckham Applicant: James Patterson, of OmniPlan Architects Location: 2015 State Highway 78 North, being Lot 1 R-3 of Block C of the Woodlake Village Addition Request: Variance to Section 7.3.F.2 and 7.7.B.1 of the Zoning Ordinance in order to allow shared/off-premises parking and landscaping Background: The subject property is currently zoned Corridor Commercial (CC), and has been zoned for such diverse commercial uses since at least 1985. It was initially created in 1987 as Lot 1 of Block C of the Woodlake Village Addition, and is the rear portion (Lot 1 R-3) of the 7 acre remnant created by replatting of the Wal-Mart tract in June of 2004. Two lots of approximately one (1) acre each front State Highway 78 to the south of the subject tract. The subject property is to be further subdivided into two (2) lots totaling 5.311 acres which will be developed in phases and possibly as separate ownerships. Lot 1 R-3R1 will be the extreme rear 2.411 acres, and no plans have as yet been finalized for that tract. Lot 1 R-3R2 will be 2.9 acres and will be developed immediately with a proposed single-story, multi-tenant building of 20,250 square feet. ZBOA 2004-15 Access to this lot is provided to the lot by joint access easements from the undeveloped pad sites on the south and the Wall-Mart lot to the east. An underground drainage easement, 40 feet in width, transects the lot from west to east and this corridor cannot be developed except for parking and landscaping. The Zoning Ordinance provides that all required landscaping (based on the size of the lot) and required parking (based on the use and size of the building) be accommodated on the lot for which it is required. The current applicant desires to provide for shared landscaping and parking between the two lots. Lot 1 R-3R2, the southernmost, to be developed initially, will provide more parking than potentially required by its development. Lot 1 R-3R1, the northernmost rear, to be developed later and possibly by others, will provide more parking than required. A deed restriction on the lots will secure these shared rights in perpetuity, in addition to legal dedications on the plats. Section 7.3 of the Zoning Ordinance provides that the required parking may be located off-site on parcels of common ownership or shared off-site on parcels of other ownership, when such off-site locations are zoned the same as and contiguous to the main site. Section 7.7 provides that special exceptions to the landscaping may be granted when such measures equal or exceed normal compliance. The Board of Adjustment must approve such requests for alternative compliance based upon finding of sufficient hardship and justification as well as corresponding benefit to the City. Considerations: 1. Public Comment Forms were mailed as required by State Law to owners of four (4) properties within 200 feet of this request. No response had been submitted at the time of this posting. 2. Both parking and landscape requirements will be fully met for all future development, except that some may be located on an adjoining lot. The request does not waive or reduce these regulations in any way. 3. Although legally "off-site", the proposed location for the "shared" parking is adjacent to the subject property and fully accessible by vehicles and pedestrians. The two lots will be developed and maintained as a coordinated single unit. The proposal complies with all other parking requirements. 4. The Board may approve the requests, deny either or both requests or approve a substitute request which is less that than requested. / / Count Rood 384 Skye Driv " y ! • i • i I' i i % i i i %� i i 1 PiwAL•-L-N•WC'----"` ! i i rr i i i i i i I i 1 i l.. ..,.,......‘i-",c; Subject N\\3 \ J \ ti\ Property ,....,... / \, / �' -i • \ • i i 1 N i \-- • / 1 ,o i r i 1 ! woy - . ! ; !% rli ' —then t� i J.• 1: i f•• Kansas _..�o d5 ! i i i i i i i t `Itl 1 . ! -1- i i i ■ i ; i a i i 1Q ; .S State Highway No. 78 i i i . 1 1 i i 1 1 1 i 1 1 1 1 1 1 1 1 1 i ! i i i i ; r n Im i i C ! ` 41 ' ' i A 1 i r. 1 i 1 ee�, ' i uon.•l3 Drive i II =E i ; i k L"�u ;- I �innminuIu��_ _��1111111 1 r I'�� ' JJIIB, JI I I 111 1 1• 1 141 ; II 1 I IIN I 1 ' D Street LOCATION MAP ZBA CASE #2004- 15 OMNIPLANARCHITECTS MEMORANDUM DATE : October 1, 2004 T O : Mr. Claude Thompson Planning Director City of Wylie 2000 Highway 78 North Wylie,TX 75098 FROM : James R. Patterson, AIA R E: Harvest Village Retail Center Wylie,Texas Proposed Off-Site Easements Dear Mr.Thompson, REMARKS: This memo is to confirm our discussion of Monday, September 27, 2004 regarding potential retail development on Lot 1 R-3 of Woodlake Village, located on Highway 78 adjacent to the City of Wylie office building. It is the desire of our client to develop this site in two phases,with a separate shell retail building as part of each phase.The site will be platted with the phase line between the two properties defined as a property line. Although the combined developed site will meet the City requirements for amount of parking and landscaping, it will be necessary to create two easements in order to allow each phase of the development to meet the requirements individually. The Phase 1,or southernmost property,will contain more potential parking than required for development on that portion of the site,while the Phase 2 site will be underparked. It is therefore the desire of the developers to provide an off-site parking and site access easement on the Phase 1 property that will accommodate the parking shortfall from Phase 2. Similarly,the Phase 2, or northernmost property,will contain an excess of landscaped area and Phase 1 will have an insufficient amount.Therefore,the developer would like to provide all off-site ldlldscape easel leiit on tht Pilate 2 pioperty that will accommodate the site landscaping shortfall from Phase 1. It is also the developer's request that an access easement be provided along a portion of the existing driveway at the southeast entrance to the adjacent City property in order to allow access to the new development from Highway 78. We will provide Site Plans which further indicate the requested easements no later than Wednesday October 6, 2004. Please let us know if this proposal is acceptable to the City of Wylie, or if any additional information is required. Sincerely, tiale heaWell( r�!� OCT 0 1 2004 1845 Woodall Rodgers Freeway Phone 214 826 7080 Suite 1500 Direct 214 775 6163 Dallas,Texas 75201 Fax 214 826 7016 B y Page 1 of 1 www.omniplan.com E-mail jpatterson@omniplan.com Omniplan 200423.00 PD-1 • • 1 rive -- """ iiiiniiiinii 41. CC II Lot IR RI I / Il AR A I ,61 i I1 ! �i1I 1 VILA MART ' 1 �� i , .b' 111 I i i I ��,,,, 11.1111111L- `- i II ..._ o:.•>.�� OV A� ��A�� A���V�QV�>S: �`:S��AV� I II _Iii1.ot1AJA2 I II • c+ I II S _ elc V P. P . II • ii — /.4 I] 1 i P11 i , '_I III► Ti J Ea_ % , ' 1 1 . 41111 ) 0 ' I a I — uui 0 as i 1, i IMe �! ;I /� I I M . I COPe� .��'NI 111111111114111.11111111n11111111111;\ State Highway 78 C (Variable width RO.W.) I:0 V ) SITE VICINITY PLAN (I)O N.T.S. NORTH 0 80' 160' 320' 480 v — i� Ce�teowa _: __ - T ——-_— 20'utility Easement z-, ,--j -i"— ," 1 1 I 25'Building Line PHASE II ! I' Lot 1R-3R1 h 1 I; 2.411 Acres i ; I 00I I r I It I ci !�11 I I1 , ry I N I I I I I 11 I111 1 II 20'Drainage Easement 4. 1 (To Remain) 1 I 1 1 WO_ I II jI IFUTURE OFF-SITE I I LANDSCAPE I I MIN.11,480 S.F. II I I I PRovOStD FP(U.c S88°31'13"E_I _—__3 ER SCREEN WALL 278.h2 ' SIDES I 1 (— i 11 a 15'Utility Easement +I; J \ — (per this replat) I I • ;1 HI S88°31'13"E• 1 _� 12 12^ PARKf,OE I I I r &PHASE NI __J Cip I I I PROPOSED- ME-STORY STRP RE7ALSO. BULONG I I I 2D.2S0 F7. 1 II 111111 . w I II J Lot 1R-3R2 ACCESS C; I I , : I PHAS/E 112.900 Acres <wusE,, k\\\:\ \s,„\i\\\\i.\,....„,,, 3 V Z I I I j 4 4 4 a j or • , ! F. O FUTURE (PHASE 11) / 11 \ • �� i Q �Y` 1t. 1 \NJ 1 1—III I I-. \ i ( ...) : „.-- ,.---\40'Drainage Easement !'� I L 1 . ,. I I ' I liii TMUTUAL ACCESS -- __J/ EASEMENT ! I s88v34'11^E 347.61' i � i-4 CI SB 432'36.E I ( / aHillir I PROPOSED FIRE LINE I I 588431' un n-anme w-am.aanc e I 0� SITE PLAN 7reaacwc vS, w ADDITION To ---T.As N.T.S. I amJiTY. j MORTM HARVEST VILLAGE RETAIL CENTER ! 0 20' 40• 80' ,20' z \ I Public Hearing Item No. 5 ZBOA Case No. 2004-15 2015 S.H. 78 North View of subject property from Municipal Complex driveway Proposed 30' Mutual Proposed Off-Site Access Easement Parking Easement ...�.■ ter- -, • View of Subject property from Wal-Mart Parking Lot LAW l)5rAne2; Rgavaz6 iyi&AI Ts Zoning Ordinance 8. To conserve energy. 9. To protect the public health, safety and general welfare. B. Applicability 1. Except as otherwise provided below, these landscape regulations shall apply to all land located in the City of Wylie.These landscaping requirements shall become applicable to each individual lot when a site plan is submitted for Commission review or an application for a G of this section shalllapplytlding o allt on the lot is made.The maintenance requirements in subsection applications for building permits. 2. This section does not apply to lots containing only single-family and/or duplex uses where only one single-family or two-family structure is constructed. 3. This section applies to the following: a. Multifamily Districts b. Neighborhood Services Districts c. Community Retail Districts d. Commercial Corridor Districts e. Business Center Districts f. Industrial Districts g. Planned Development Districts h. Specific Use Permits i. Applications for building permits or for certificates of occupancy for a change in use. j. Applications for building permits for construction work that: (I) Increases the number of stories in a building on the lot;or (2) Increases by more than ten percent or 10,000 square feet,whichever is less,the combine floor areas of all buildings on the lot;or (3) Increases the non-permeable lot coverage obdelumigr�than a value 000 square q�to or greater than k. Building permit applications for exterior $10,000.00 exclusive of maintenance and repair. 4. When the ordinance becomes applicable to a lot, its requirements are binding on all current and subsequent owners of the lot. 5. When establishing or amending a planned development district,or amending a special use peril the Council shall, as a minimum,impose landscaping requirements as a part of any ordinance, are reasonably consistent with the standards and purposes of this section. All landscaping requirements imposed by the Council must be reflected in landscape and irrigation plans that comply in form and content with the requirements of Subsection C.Submission Requirements ,* 6. The Board ma rant a s ecial exce tiothe lands�atng requic ements of e with the section ui em n1'ticing a special finding from the evidencepresented of this Article will result in substantial finananddlihcashi or t ens in accomplishing pl shing the objectives ar i to the applicant without st,�,.�A„r�nrrespondins�ben efit o e City t purposes of this section.The applicant,to be considered for special exception,must submit justification statement that describes: Adopted November 2001. ARTICLE 7^GENERAL DEVELOPMENT REGULATIONS F Amended September 2003 Zoning Ordinance F. Parkin Alternativ S The Council may allow parking requirements to be met by either one or a combination of the methods described in this section in lieu of the required on-site parking. 1. Off-Site Parking.The parking requirement may be met by locating the required parking spaces on a separate parcel from the lot on which the principal use is located,subject to the following conditions: a. The parcels containing the use and off-site parking must be under common ownership; b. The parcel must be located not more than 300 feet from the building or use it is intended to serve; c. The parcels shall not be separated or divided from the building or use it is intended to serve by a freeway,expressway,highway,or major street; and d. An agreement, subject to approval by the City Attorney,shall be prepared to outline the terms and conditions of the off-site parking use.The agreement, containing the legal description of both the off-site parcel and the parcel where the principal use is located,shall be recorded in the office of the County Deed Records to permanently register the existence of the off-site parking arrangement with each parcel. 2. Shared Parking a. Requirements.The parking requirements may also be met by securing the consent to share parking facilities on the same or another parcel and under another ownership. Shared parking may only be approved if: (1) The parking facilities are located on a parcel zoned for the same use as the primary use; (2) The owners cooperatively establish and operate the facilities; (3) The uses separately generate parking demands primarily during hours when the remaining uses are not in operation; (4) A minimum number of spaces are provided to meet the requirements of the use with the single greatest parking demand; (5) Satisfactory evidence, as deemed by the Director,has been submitted describing the nature of the uses and the times when the uses operate so as to demonstrate the lack of potential conflict; (6) The consent agreement, subject to the approval by the City Attorney,must be in the form of a binding contract,of sufficient length of time,between the property owners operating the shared parking facility to ensure the continued use of the facility.The contract shall be filed with the City with the Certificate of Occupancy for each use; (7) The parking facility shall not be more than 300 feet from the building or use it is intended to serve; and (8) The shared parking facility shall not be separated or divided from the building or use it is intended to serve by a freeway,expressway,highway,or major street. b. Termination of Agreement.If the parking agreement is terminated,the owner shall be required to provide adequate parking or the certificate of occupancy shall be revoked. • G. Downtown Historic District Overlay District Exemption Buildings located in the Downtown Historic District Overlay District shall comply with the parking standards Section 6.3 F(4)(c)Downtown Historic District. Adopted November 2001 ARTICLE 7—GENERAL DEVELOPMENT REGULATIONS Page 181 • Amended September 2003 NOTIFICATION REPORT APPLICANT: James Patterson of OmniPlan Architects APPLICATION FILE ZBA#2004-15 1845 Woodall Rodgers Fwy. Dallas, Texas 75201 # BLK/ABST LOT/TRACT TAX I.D. # PROPERTY OWNER NAME ADDRESS Applicant-James Patterson 1845 Woodall Rodgers Fwy. 1 OmniPlan Architects Dallas, Texas 75201 Woodlake Village 5949 Sherry Lane #1220 2 Blk B Lot 1 R-2381-00B-0010-1 CT Beckham Dallas, Texas 75225-6532 Woodlake Village 17480 Dallas Parkway #220 3 Blk C Lot 1 R-2381-00C-0010-1 R&B Venture LP Dallas, Texas 75287-7337 2000 Highway 78 North 4 Abst 688-2 Tract 195 R-6688-002-1950-1 City of Wylie Wylie, Texas 75098 5 6 7 8 9 10 11 12 13 14 15 16 17 v • — .• • • • 7rt. -rrin3in3- a• sk' w^-s'^'na a+s2 . ,s a4".-"'''' .,2N 'Y 4" ,,• ° i tav°.2 a rN,su,.,,,,,y m, •- • , e .5 - . fix -. wee.., w- a r 5.3it, ps e s t n� a ..�.er;n.. x rz .s b • may, :4 s _ rrk mn a P �� w max. T � T F zdt. ' ,AfAtS; 1 R-1 r k� Z*t" .▪ ut.,n a - 5 -;.........'4,-.,,..,--,,-,,,-;- :-:`..,:pw..%:-.1-,:m4,-,,,z.z,,,v,-, „4.;,:,,..:,,;4t,',,,,sie ,.. .„,._:,:,:...,.....,.....,...:: ,, ., .. , . .,.,. ..5.,*-iii:.:4-tkli:,:kr.,..i.,4,,--. ---t-44,, :,,..,-.7...-,::,.,,,,..,..,...-t,t,14 . i; � ' r> ' i t ' ` as ¶/ & --h tax .rw ''- r- vG.,S'L V x.�„y 2 'C Y 3ua` 'fa s': .&. r. i :ly \ / 8 o o , , i .............. ZBA CASE #2004- 15