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01-24-2005 (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, January 24, 2005 7:00 p.m. CALL TO ORDER CONSENT AGENDA 1. Consider and act upon approval of the Minutes of the December 7, 2004 Meeting. SWEARING-IN OF SPEAKERS PUBLIC HEARINGS 1. Hold a public hearing to consider and act upon a request by Larry DeBerry for a variance to Section 3.3(B)(3) Townhouse District Development Standards of the Zoning Ordinance to reduce the required lot width from 30 feet to 25 feet, and to reduce the required lot size from 3,500 minimum square feet to 3,300 minimum square feet, this property being located at 415 N. Jackson, Lot 2D, Block 3 in the Russell Addition. (ZBOA Case No. 2004-17). 2. Hold a public hearing to consider and act upon a request by Robert and Rosemary Love for a variance to Section 11.3(1)(c) of the 1985 Zoning Ordinance to reduce the required rear yard from the required 25 feet to 20.85 feet, this property being located at 500 Crenshaw Drive, Lot 1, Block D of the Meadows of Birmingham Phase 2 Addition. (ZBOA Case No. 2005-01). 3. Hold a public hearing to consider and act upon a request by Stephen C. Averill for a variance to Section 9.2 (11) of the Planned Development District (PD 99-32) to reduce the required street-side side yard from the required 20 feet to 17.71 feet, this property being located at 1530 Lynn Drive, Lot 3, Block C in the Creekside Estates Phase 1 Addition. (ZBOA Case No. 2005-02). 4. Hold a public hearing to consider and act upon a request by Jay Cullar for a variance to Section 4.2(A) of the Zoning Ordinance to reduce the required front yard setback from 50 feet to 25 feet, and to reduce the rear yard setback from the required 25 feet to 24 feet,,this property being located South of Alanis Drive at Martinez Lane, and north of Glen Kroll Mobile Home Park. (ZBOA Case No. 2005-03). ‘(fi° ?� + t P s d 'day, January 21, 2005 at 5:00 p.m. 4 0 v)?' THE LI MUNIC L C IS HEELCHAIR ACCESSIBLE IN ADVANCE INTERPRETATION BYR CONTACTING R OOTHER T CITY SEC SPECIAL ASS STANCE IS OFFICE FOR DISABLED ATTENDEE UST BE REQUESTED 48 HOURS AT 442-8100 OR TDD AT 442-8170. k Zoning Board of Adjustments I ..' ' City of Wylie January 24, 2005 Regular Business Meeting AGENDA Zoning Board of Adjustment City Council Chambers, Wylie Municipal Complex 2000 Highway 78 North Wylie, Texas 75098 Monday, January 24, 2005 7:00 p.m. CALL TO ORDER CONSENT AGENDA 1. Consider and act upon approval of the Minutes of the December 7, 2004 Meeting. SWEARING-IN OF SPEAKERS PUBLIC HEARINGS 1. Hold a public hearing to consider and act upon a request by Larry DeBerry for a variance to Section 3.3(B)(3) Townhouse District Development Standards of the Zoning Ordinance to reduce the required lot width from 30 feet to 25 feet, and to reduce the required lot size from 3,500 minimum square feet to 3,300 minimum square feet, this property being located at 415 N. Jackson, Lot 2D, Block 3 in the Russell Addition. (ZBOA Case No. 2004-17). 2. Hold a public hearing to consider and act upon a request by Robert and Rosemary Love for a variance to Section 11.3(1)(c) of the 1985 Zoning Ordinance to reduce the required rear yard from the required 25 feet to 20.85 feet, this property being located at 500 Crenshaw Drive, Lot 1, Block D of the Meadows of Birmingham Phase 2 Addition. (ZBOA Case No. 2005-01). 3. Hold a public hearing to consider and act upon a request by Stephen C. Averill for a variance to Section 9.2 (11) of the Planned Development District (PD 99-32) to reduce the required street-side side yard from the required 20 feet to 17.71 feet, this property being located at 1530 Lynn Drive, Lot 3, Block C in the Creekside Estates Phase 1 Addition. (ZBOA Case No. 2005-02). 4. Hold a public hearing to consider and act upon a request by Jay Cullar for a variance to Section 4.2(A) of the Zoning Ordinance to reduce the required front yard setback from 50 feet to 25 feet, and to reduce the rear yard setback from the required 25 feet to 24 feet,,this property being located South of Alanis Drive at Martinez Lane, and north of Glen Kroll Mobile Home Park. (ZBOA Case No. 2005-03). ‘(fi° ?� + t P s d 'day, January 21, 2005 at 5:00 p.m. 4 0 v)?' THE LI MUNIC L C IS HEELCHAIR ACCESSIBLE IN ADVANCE INTERPRETATION BYR CONTACTING R OOTHER T CITY SEC SPECIAL ASS STANCE IS OFFICE FOR DISABLED ATTENDEE UST BE REQUESTED 48 HOURS AT 442-8100 OR TDD AT 442-8170. k MINUTES Zoning Board of Adjustment City Council Chambers, Wylie Municipal Complex 2000 Highway 78 North Wylie, Texas 75098 Monday, December 6, 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 Renae 011ie Marilyn Herrera Mary Bradley Linda Jourdan Layne LeBaron Jan Sargent CALL TO ORDER Chairman LeBaron called the meeting to order at 7:00 p.m. CONSENT AGENDA 1. Consider and act upon approval of the Minutes of the October 25, 2004 Meeting. A motion was made by Ms. Sargent, and seconded by Mr. Alexander, to approve the minutes as submitted. Motion carried 6 — 0. SWEARING IN OF ADJUDICANTS Mary Bradley, Secretary, administered oath. ZBOA Commission Meeting December 6, 2004 Page 2 of 3 PUBLIC HEARING 1. Hold a public hearing to consider and act upon a request by Steven Lewis for a variance to Section 26.4(1) (b) Accessory Building Regulations of the 1985 Zoning Ordinance to reduce the required side yard from the required 5 feet to 3.5 feet and to reduce the required distance between the accessory building and the main structure from 5 feet to 3.5 feet, this property being located at 1204 Quail Meadow Drive and being Lot 12 of Block E of the Quail Meadow Addition. (ZBOA Case No. 2004-16). Thompson stated that the subject property was created as Lot 12, Block E in the Quail Meadow Addition. The property totals 0.203 acres and is occupied with a two story residence of masonry construction. The applicant constructed a wood frame and siding accessory building approximately 3.5 feet from the main structure and 3.5 feet from the western property line. Twenty-five surrounding property owners within 200 feet of the subject property were notified as required by State Law. Two forms were in opposition and eight favoring the variance. The accessory building is not on a permanent foundation, but is rather on wood skids. The applicant has not indicated why the building cannot be relocated to a position within the rear yard, which complies with the setback requirements. A number of accessory buildings within the neighborhood appear to be less than the required setback dimensions and there is not a record if these structures were legally permitted or provided variances. Chairman LeBaron opened the Public Hearing. Mr. Steven Lewis, applicant/owner, 1204 Quail Meadow, stated that the accessory building would take up his yard and there is plenty of room to mow around the building. If unable to obtain a variance, the fence would need to be removed and the accessory building is very heavy. Mr. Lewis expressed not understanding the issue of not placing the building where he desires. Dr. Howard Linn, 1206 Quail Meadow, neighbor to the adjacent west of the subject property, spoke in opposition of the size of the building because deters from the curb appeal of the neighborhood. Chairman LeBaron closed the Public Hearing. ZBOA Commission Meeting December 6, 2004 Page 3 of 3 The Board Members discussed the location of the accessory building and the ability and inability to move the building to the back of the property. A motion was made by Mr. Alexander, and seconded by Ms. Sargent, to GRANT the variance. Motion failed 2 — 4. With no other motion made, the request for a variance was DENIED. MISCELLEANOUS Thompson reminded the Board Members of the Board and Commission Appreciation on December 14, 2004, at the City Council meeting at 5:30pm. ADJOURNMENT With no further business to discuss, a motion was made by Ms. Herrera, and seconded by Mr. Alexander, to adjourn the meeting at 7:30PM. Layne LeBaron, Chairman Mary ra y, Secretary Public Hearing Item No. 1 City of Wylie ZBOA No. 2004-17 Zoning Board of Adjustment Public Hearing: January 24, 2005 Owner/Applicant: Laurence DeBerry Location: 415 N. Jackson, Lot 2D, Block 3 in the Russell Addition. Request: Variance to Section 3.3(B)(3) Townhouse District Development Standards of the Zoning Ordinance to reduce the required lot width from 30 feet to 25 feet, and to reduce the required lot size from 3,500 minimum square feet to 3,300 minimum square feet. Background: The property was originally platted as single Lot 2, Block 3 of the Russell No. 1 Addition, and later divided into Lots 2B, 2C, 2D, and 2E. The subject property is Lot 2D. The abutting properties to the south were rezoned from Single-Family 2 (SF-2) of the previous Zoning Ordinance to Townhouse (TH) District by the City Council in September of 2001. That property was subsequently replatted and duplexes were constructed on the new lots. The subject property measures approximately 135 feet deep by 50 feet wide totaling approximately 6,748 square feet in area. The applicant desires to replat the lot to accommodate townhouse. When replatted, the lot will not be large enough to comply with the 3,500 square feet minimum required for attached dwellings. Therefore, the applicant is requesting to reduce the required lot width from 30 feet to 25 feet, and to reduce the required lot size from 3,500 minimum square feet to 3,300 minimum square feet. 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 ZBOA 2004-17 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. One (1) form favoring and one (1) form opposing the request had been received at the time of this posting. 2. A number of properties in the neighborhood have been rezoned to Townhouse District and replatted to allow for single-family attached duplex/townhouse residential uses, and the applicant has successfully constructed several such duplexes. 3. The requested variance is five (5) feet or sixteen and seven tenths (16.7) percent of the required lot width, and two hundred (200) feet or five and seven tenths (5.7) percent of the required lot size. 4. The subject property will require replatting. When replatted, each lot will have an area of 3,374 square feet. Attachments: Location Map Site Photos Notification List and Map with Responses U 111111111111111 IJL a) Harvest Bend Drive D 7 r t co o I IIII Ann breve o gip* _ o - .Edison Lane i ' c ,.. ,` I 111111pciv . .,- i moo— ' Subject it C 0 tm� ,� Property Bin W _ , Mkt. Lane _ illW ' / . An air d Da nci till 1 ma it viclG Lane ,, I Ws r ...' 1 _ Sikor Cou + I } r '• I 1 I HE -17 • ; '--- 1-"1 1—' i I D I I I West rown Street a) i _ > Eost Brown Street Q t a) , Je erson Street 11%.40,MI 711111 ■III _ a R o ' erson''' NNuI __.__ ]c(of..3) _. -•• , �� = m il % „. Morble , Street )e i . ____ i F 111$*1 — toL. -11110 .. —__ // / c _ Q r Z1 Street a oak Street oak a � �— y n� ' a) p,_ FM - (I) a)I , , k LOCATION MAP ZBA CASE #2004- 1 7 Public Hearing Item No. 1 ZBOA Case No. 2004-17 415 Jackson Street f LY r 1 t 4. r ,- F,,.— Front view of subject property w f :w _' t , 7- \ it `` 4` A ►� . T lii - ;. ' fir_ �`° araJ View looking north along Jackson Street toward subject property NOTIFICATION REPORT APPLICANT: Laurence DeBerry APPLICATION FILE ZBA#2004-17 8277 PR 5397 Nevada, Texas 75173 # BLK/ABST LOT/TRACT TAX I.D. # PROPERTY OWNER NAME ADDRESS Applicant 8277 PR 5397 1 _ Laurence DeBerry Nevada, Texas 75173 Russell Addition PO Box 921 2 Blk 2 Lot 1 C R-1173-002-001 C-1 Lummie Wolfe Wylie, Texas 75098 1111 Wheelis Road 3 Blk 2 Lot 2B R-1173-002-002B-1 Oti6 Ferguson Wylie, Texas 75098 1111 Wheelis Road 4 BIk 2 Lot 2C R-1173-002-002B-1 Oti& Ferguson Wylie, Texas 75098 410 N. Jackson Avenue )( 5 Blk 2 Lot 2D R-1173-002-002D-1 Alan Gauthier Wylie, Texas 75098 1111 Wheelis Road 6 BIk 2 Lot 2E - R-1173-002-002E-1 Oti6 Ferguson Wylie, Texas 75098 PO Box 495184 7 BIk 2 Lot 2F R-1173-002-002F-1 _ Donald Drain, Jr. Garland, Texas 75049-5184 • 414 N. Jackson Avenue 8 Blk 2 Lot 3A-1 R-1173-002-03A1-1 _ CT Construction, Inc. Wylie, Texas 75098 414 N. Jackson Avenue 9 BIk 2 Lot 3A-2 R-1173-002-03A2-1 CT Construction, Inc. Wylie, Texas 75098 5810 Southampton Drive 0 10 BIk 2 Lot 3D _ R-1173-002-003D-1 Jerry Cooper Richardson, Texas 75082-4942 8277 PR 5397 11 BIk 3 Lot 2B R-1173-003-002B-1 Laurence DeBerry II Nevada, Texas 75173 311 Willow Wood Street 12 Blk 3 Lot 2C R-1173-003-002C-1 Ralph Rozier III Plano, Texas 75094-3523 100 ALJackson Avenue 13 BIk 3 Lot 2D R-1173-003-002D-1 Tommie Sue Lemons Wylie, Texas 75098 413 N. Jackson Avenue 14 BIk 3 Lot 2E R-1173-003-002E-1 Harvie Miller Wylie, Texas 75098 LGD Prop.Townhomes Addn 8277 PR 5397 15 --- Lot 1 R-5125-000-0010-1 LGD Properties Nevada, Texas 75173-6342 8277 PR 5397 16 --- Lot 2 R-5125-000-0020-1 LGD Properties Nevada, Texas 75173-6342 8277 PR 5397 17 --- Lot 3 R-5125-000-0030-1 LGD Properties Nevada, Texas 75173-6342 8277 PR 5397 18 --- Lot 4 R-5125-000-0040-1 Laurence DeBerry II Nevada, Texas 75173-6342 8277 PR 5397 19 --- Lot 5 R-5125-000-0050-1 Laurence DeBerry II Nevada, Texas 75173-6342 Meadowview Estates 14801 Quorum Drive #200 20 Blk 4 Lot 21 R-8518-004-0210-1 Richmond American Homes _ Dallas, Texas 75254-1448 2000 Hwy. 78 North 21 Blk 4 Lot 22 R-8518-004-0220-1 City of Wylie Wylie, Texas 75098 14801 Quorum Drive #200 22 Blk 4 Lot 23 R-8518-004-0230-1 Richmond American Homes Dallas, Texas 75254-1448 14801 Quorum Drive #200 23 Blk 4 Lot 24 R-8518-004-0240-1 Richmond American Homes Dallas, Texas 75254-1448 14801 Quorum Drive #200 24 Blk 4 Lot 25 R-8518-004-0250-1 Richmond American Homes Dallas, Texas 75254-1448 17480 Dallas Pkwy#110 25 Blk 4 Lot 26 R-8518-004-0260-1 Saddlebrooke Investments Ltd Dallas, Texas 75287-7303 PO Box 66016 26 DART Railway DART Railway Dallas, Texas 75266 27 28 29 30 31 32 33 34 35 36 X = AGNIKIST- 31 18 19 -g L nL 2S � - �1 / 21 L _ (1' / / 3A- 3E 3A-2 l 0 © 3C ' ' Z 2A ' " I 0 2H i 1 2 3 2G 4 26 I AiiiK 1A J . I 1 33A 19A -I / 8 33B 4 19B 0 = F0'2 X - PGA'I''1ST ZBA CASE #2004- 1 7 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 #2004-17. • I am AGAINST the requested variance as explained on the attached public notice for ZBA Case#2004-17. Date,Location&Time of Zoning Board of Adjustment meeting: Monday,January 24,2005,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas ' ZK C � Name: f (please print) ----AAddress: ( 2 - k) J C V' ``V S Signature: )'ke1.,11.11/4./1 Date: / f - C� S� 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 #2004-17. • ?‹ I am AGAINST the requested variance as explained on the attached public notice for ZBA Case#2004-17. Date,Location&Time of Zoning Board of Adjustment meeting: Monday,January 24,2005,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas 4 Name: \ c(please print) print) Address: "--1) cLI-K -t- Signature: Date: — 1(1 - COMMENTS: S A t-Oct -met:64? - -\ •.%-\ t —k c, 4 A I Ci ti," ( )‘. Pcs•-e k Obi-0 - *-,-= 6:\ t \ I ifC '\(‘ r 't 2-1-e- --5.; C, -0,- \/--(3. Public Hearing Item No. 2 Pi/lefty of Wylie ZBOA No. 2005-01 Zoning Board of Adjustment Public Hearing: January 24, 2005 Owner/Applicant: Robert and Rosemary Love Location: 500 Crenshaw Drive, Lot 1, Block D of the Meadows of Birmingham Phase 2 Addition. Request: Variance to Section 11.3(1)(c) of the Zoning Ordinance to reduce the rear yard from the required 25 feet to 20.85 feet. Background: The subject property was created in April of 2003 with the platting of Phase 2 of the Meadows of Birmingham Addition. The property was developed according to the regulations of the Single-Family-3 (SF-3) Residential District of the 1985 Zoning Ordinance, although it is now zoned Single-Family 8.5/17. A rear yard setback of twenty-five (25) feet is required in both the SF-3 and SF-8.5/17 districts. The subject property is located on the northeast corner of Crenshaw Drive and Overton Drive and faces west. The rear yard measures 30.85 feet deep and approximately 60.28 feet wide at the rear property line. The eastern side of the rear yard abuts the adjacent residential property and is separated by a wood fence along the property line. The rear exit of the subject residence is by a single door, opening on to a paved patio which measures 10 feet by 20 feet. This door faces east and receives a majority of the direct sun. The applicant desires to construct a shade covering over this rear porch to assist in keeping the living area cooler and to provide adequate shelter from the elements for their Labrador Retriever as well as provide protection to the back door from damage (i.e., water damage, warping, mold and mildew). The covering will be 20.85 feet from the rear property line, extending 4.15 feet into the required rear yard or a variance of 16 percent from the required setback. Public comment forms were mailed to twenty (20) property owners within 200 feet of this request, as required by State Law. One (1) form favoring the request had been received at the time of this posting. ZBOA 2005-01 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. The existing uncovered porch extends from the rear wall of the residence a distance of ten feet, and the proposed 20 feet width of the covering is a minimal measurement to cover the paved porch area. Although the residence was constructed 30.8 feet from the rear property line rather than the required 25 feet, this distance does not allow sufficient space for the desired covering within the allowed building pad, and thus in this case creates a hardship. There are no design or construction alternatives to the request which can comply with the required setback, as other methods of covering the porch will require similar dimensions. ZBOA 2005-01 2. In August of 2004, the Board approved a similar request within this same subdivision. 3. The requested variance is 20.85 or 16 percent of the required 25 feet rear yard depth. 4. Although the patio cover will be visible from the intersection, Crenshaw Drive and Overton are secondary streets and are not designed to carry increased traffic. 5. The Meadows of Birmingham Homeowners Association has approved the porch covering as requested as complying with the restrictive covenants of the HOA. Attachments: Location Map Letter from Applicants HOA Approval Site Plan (Illustrating requested variance) Site Photos Photo of proposed cover Estimate from Metro Patio & Carport, Inc. Notification List and Map with Responses /7---- Subject a ii Property ;_.._.._.._.._.._.._.._.._..� i i _in.:..1m:.ibi 1111111111 tilOir •.'lse.wg.e•.l.-m.'.—a..--- ,..UI.. _.l.- . _ ._ ; iiii, ii-.iiii, I ! �.._.._.�.. - -----iiii ,iiiiii i • !■11 1 . 1 1 i : 1 immi mom In • raw .�_. - - •inunie 1 1 me 1 ...1 '.. •HHIIiu �I i r... — ,, _---. re,iik A,iimialina 1111/411- ill! mai 9.111AnINE'd1.1..1111, ** I * .*AV"- 101 — — ,_ITITTEirce.firal s• . ____FTe 2....- i4vit Li .f„, i or I I'--- gap . 1 w.-1 , 4riokipl lopi .N..,,,, 4ti I. IIPP4ttP if++, ..' re 4V.''' W _ 2 • 4.,,,,_44 ,4 ow' . ,Alik,. Mi 1 61 W 1 ri P it I 1"W ,#Vium....1 ,+_,AL. AL. A L, , �" 7 Wil(P4 „ � �: • Milk .� r`- i � � ,6 a •� �, � Si s. .< \ ., .` re 'I .. `, 1 galloon 111111 i■■■■■■ Il■■ill 1 , iiiMMIIIIIIMIIMI 1�/est Brown ree r.,_.- , i , i i >. r r--t ' ... Immijr f Hamm III Mil IN in in. Ntk LOCATION MAP ZBA CASE #2005-01 Robert and Rosemary Love 500 Crenshaw Drive Wylie, Texas 75098 January 3,2005 City of Wylie Board of Adjustment Re: Application for Variance on 25-Foot Rear Setback Dear Board of Adjustment: On October 28,2004, we applied for a building permit for a covered patio. However,due to a 25-foot rear setback regulation,we were advised to apply for a variance to this regulation. Therefore,pursuant to the procedures to request a variance or appeal,we have outlined our reasons for a variance with regard to the 25-foot rear setback regulation. We appreciate your time to review our request and documentation. 1. Protection from Elements—In July 2004,we rescued a Labrador retriever, Woody, who was ill and needed a new home. Unfortunately,our backyard does not provide adequate shelter from the rain and sun,as shown on enclosed pictures. The covered patio will provide Woody shade in the summer and cover during the rain. In addition,the covered patio will protect our back door from damage (e.g., water damage,warping, mold,and mildew). 2. Privacy—As shown on the enclosed pictures,there are two (2)two-story homes that are able to see into our backyard and view the back door. Even with curtains over the windows,there is still a lack of privacy. The covered patio will prevent people from seeing our windows and back door. 3. Shade—The covered patio will assist in keeping our living room cooler by blocking the sun. We trust our explanation and documentation provide proof as to the reason that we request this variance. Again,we appreciate the time taken to review our request. Sincerely, Rosemary and Robert Love Enclosures Captions for Photographs Photograph 1 —Northern view of patio and backyard. Photograph 2—Eastern view of patio,backyard,and back door. Photograph 3—Eastern view of patio, backyard,and back door via fence. Photograph 4—View of backyard as seen from back door. Photograph 5—Southern view of patio and backyard. Oct-25-2004 03:58pm rom-RYLAND HOMES 972488105T T-690 P.002/002 F-200 10/21/2004 111:kt 41 ocuowoa __...._.._ . 10/14/2 11: 5 145206463 CORNERSTONE 0� � MEADOWS OF BIRMINGHAM HOMEOWNERS ASSOCIATION 'Ff r MODIFICATIONS SUBMISSION FORM NAME: Robert Love IltlRosemary Lave October 1 z0a goo Crenshaw Drive Phone# �'1 • �f�— Wylie TX 75098 I would like to request approval for the following submission: (Please make sure to Include specifications, height, materials, color,etc.and a site plan showing location of the improvementt) X t pc U 1i 11, °i pffPi ant-sL _/vo'( _c% ,iw4Fh 1-A4 ee4 ' V. a / S\ 9 J Cltain Homeowner's Signature IIPO( ANT NOTICE: For your protection, inquire with either the City or the County about permit requirements before starting any work on this property involving new construction,additions,alterations, or any modifcetions to structural, electrical, heating,water, gas, of sanitary plumbing systems or property Improvements. Mail to: Meadows of Birmingham Homeowners Association P.Q. Box 191185 Dallas,Texas 15219 or fax to: (214)520-6413 P ll n n otf'r� 0 8 a ua mt REVIEWED BY MODIFICA S COMMITTEE: DATE N'2.<I • Approved Denied Conditions/Reasons/Comments; i .•ten ' c t 6u (? 1 o SS Q1 • Architectural Modifications Representative; �;` PROPERTY DESCRIPTION — ROOM 20 S Address: 500 Crenshaw Drive, Lot 1, Block D of The VEYI GNG INC , Meadows of Birmingham Phase 2, an Addition to the City , of Wylie, Collin County, Texas, according to the Plat ENUE thereof recorded in Volume 0, Page 499, Map Records, LAND00A SUITE VSUR 810 Collin County, Texas. PLANO, TX 75074 Phone Number (972)423-4372 Fax Number (972)423-7523 W — q LOT 2 d6 N 4, O 97.15.N .� % 97.eC5 `H 1.y E o . util.HH 9aas S8T32'S4° 20.00' N ag Z. =� odj's wd.fnc. on line ram— 8885 y :o .9655 1000 63.9 99J 30.8 a0 10001 q I conc. drive cl d i '� NJ�� r .', O .- ,conc. 0 cO 1�1 w"1.0 7.3 : MI �esi17' LOT 1 be4 f LOT 3 li/� One Story Brick q rm.. cp Residence F.F.=100Pssumer0 `. I 01 � 1 / V 26.7 AOOJ 58.9 99.25 / N1 99.5 100.02 30.85 / ="i on line \ \ / 97.15, Cpd.IRF/ 1 ?ems/ �' wd.inc./ / /c / ok 1.05 W \ ;� 9685 96:95 / CI / , \ /./96.65 /.!, III s:cs;1 � ..cec`et 96.55 /�•Nq / c\ R=200.00• \/`o<�` 7% . : 4'. Arc=120.45' �1 '.`° Chd.N14'48'06 W 118.64' 96 a; .95.73 -- .A/ 1-ii ii , 1 \ O r) ,II NOTES: (1) Source bearing is based on recorded plat unless otherwise noted. (2) (CM) = Controlling monument. (3) Surveyor's signature will appear in red ink on original copies. (4) No part of the R tii subject property lies within a Special Flood Hazard Area inundated by 100—year flood per Map Number U 48085C0470 G of the F.E.M.A. Flood Insurance Rate Mops for Collin County, Texas and Incorporated - Areas dated January 19, 1996. (Zone X). This statement does not imply that the property and/or structures will be free from flooding or flood damage. On occasion, greater floods can and will occur c. and flood heights may be increased by mon—made or natural causes. This flood statement shall not S create liability on the part of the surveyor. (5) Final grade assumed finished floor elevations are at g the brick ledge. (6) Drainage arrows, if shown, were determined by elevations shown hereon. (7) c Subject property is affected by any and all notes, details, and easements, and other matters, that are shown on or as part of the recorded plat and/or as part of a title commitment/survey request. e, _OF TF CERTIFICATION ) c,"" 1 S T ejR •12 1 On the basis of my knowledge, information and belief, I certify to Ryland Title Company that as a �' �' i' result of a survey made on the ground to the normal standard of care of Registered Professional Land ••'-` - • • Surveyors practicing in the State of Texas, I find the plat hereon is true, correct, and accurate as to �'` CH SLEDGE the boundaries of the subject property, and if shown, location and type of buildings and visible :,.o" �` / s improvements hereon. .1s •5733 �P; i 'FE S S 1 c'•' S Date: 5/26/2004 Revised: Job No. L842162 9'O SURVE�O Title commitment/Survey Request File No. 04001905-334 dated: 5/21/2004 - Public Hearing Item No. 2 ZBOA Case No. 2005-01 500 Crenshaw Drive T it II ..� C —1 3 as -- ~� ___ T r w Fx.?C' s � a, + X, W S :-f ..7� Y` - # ..A is t.,r , � , arr7w3f �f7�"� ,,q '. .1 h y4 i4 b _ .�P i Eastern view of patio, backyard, and back door via fence tee,. .. Southern view of patio and backyard Public Hearing Item No. 2 ZBOA Case No. 2005-01 500 Crenshaw Drive • .. �.apt "•� ,�'; �.�: f r .; View of backyard as seen from back door pI a ,JI t, 1 • • Northern view of patio and backyard �t (0) ) ) /1 ,,,,, , „ ( 4 11 ,,,,.., ' i 1 0 s E ., , , , ;i r Add beautiful new outdoor 4. III itXt_ V* living space and provide all , a: r 4 weather living for you ""`' : " � and yourfamily. ..- .� .t 4 1p1 """ aa METRO CARPORT , itim iu,ui,uu,►,,,,,nm. ,,µnrm„ifi mo mulm sm.YAYYm..aYsw m.YYYYYYY YYYY IY'11 111 lrlllly.e. ....-lll 2.1 -32,E-. ��,p++�pryj,/q' �(e��yy�/✓� �p"py �{y'/yj�`yj.(/may ■ry/ ,- .. P�°" Yf.metr atio c10../ v er_ 4 -41 1-3() \l s(p itc., '1'1 A Metro cover gives you protected out- door living area for all of your outdoor activities: play, cookouts, parties or relaxation. The colors and design har- monize with any patio setting. An open patio, surrounded by the beauty of yard <<„ [ and garden serves as an extension of ,- your home's interior and adds to its resale value. .- Provide shelter from rain, hail, snow � .- and blistering heat. Year-round '_" protection is available at a . ., . reasonable cost to you. (Theiro Aluminum if ce Whether it's free-standing or p,, attached to your home, an open rail ,,,�� � I� i lattice shade structure minimizes , ,,,dill' [ ,�� I of ��, harsh sunlight and heat, yet admits ,'' i , ����� '��� ,Itit, 11���0 plenty of light and allows the free- ' �;�,�iii�', ►lifii���� LOP" �11��,• �,,1�1111 u 111i!?Ill�ll 1611111111�� 1 +VIIII flow of cool circulatingbreezes. ,I,i���,..I ►ono r1111 i1111�i ►',. ili%Initiililiiiliiiiitillin ' <<=tilllii = Illiii°iiiiiiii �i.9„�IIUI,III i 1111t 01111 iii1V91t 111mp 11tU� Lattice covers not only adds beauty and comfort, with low maintenance I�' but value to your home. �' ' . i{ „- . ,ter 1.,,,imitis II .:. s. � tJrn 0"" )Niu �ft(tlru je i ��� r y PA 0 & ' PORT 214- 28-9090 www.metropatio.com 4441 I-30 Mesquite, TX - '` . , �;:N - 4 4 f� Imagine a shade structure that �''" r.� ! �t ' looks like perfectly cut, premi- 4r - � ..,- um-grade wood, yet never .. �= �" needs paint or stain. Never warps, splits, or cracks. Won't burn or become infested with : ;. ..r . insects. That's the enduring A beauty and advantage of an aluminum shade structure. The lattice structure has a very f.§ _- vri realistic, deep wood grain look, li is �1 {' ," € 'lit coated with a tough, sun and time tested based finish. n Dallas Office OFFICE USE ONLY 4441 130 5 INSTALLER lfrfMesquite, Texas 75150-2019 5t 1/e/ (214) 328-9090 54 ! Awn Sherman/North Texas (800) 246-4040 METRO PATIO & CARPORT INC. Fax (214) 321-2185 Friendly People& Quality Products Date /0' 2 1- -e)(r Customer Name ���`I' Res. Phone 0 71) YS/Z e 2 Ve, Address \Zv C ‘.cs i Of ice hone (Z19) 4 7•5 7/_S-- City l�t/y/, State Zip73-72Y41 Other Phone ( ) Installed at 5 le Fax Phone ( ) The contractor proposes to furnish all labor and material necessary to perform the following work on the above premises according to job specifications. 3 ' MApsco // �fi�� /0,0-6 �-,i=ei.:)- / 1 741' 4 2- 3 /3X L- T,,i,�y. A/ -) r-Mdelie.-/- ef),(-- 6.41-6.) Ki.7 ''/,-I/ crane>.7 /'L-/ / ,, lj a,, .`j,,.y,_ cl S �'X 3" /�M/4'tzvi (2- 3x3 ' F ,, fi 1> w4-1 i- o 71710 A4// w/ MT. HEIGHT O JACK HAMMER B.O.E. CHAIN SAW i G` cif_ TOTAL COST S �� � MIN.CLEAR SAWS ALL PERMIT/DEPOSIT S Referral: ..-•)�'.1 ati /(See attached) �G, c/ BALANCE DUE S Please Read Carefully Terms and Conditions on Back and Sign. In consideration of above work and materials and service, the customer (owner) agrees to pay Metro Patio & Carport, Inc. or it s order the sum of( /cd0 c14- ) Dollars, to be paid as follows / /„(_ 4c.1//s, / lU (/y4oi-ey,i6>e)-(.. . Mettati & Carport, (tiosiY �,c� " �-- ' 3} _ it '>� Owner Contractor Owner By NOTIFICATION REPORT APPLICANT: Robert &Rosemary Love APPLICATION FILE ZBA#2005-01 500 Crenshaw Drive Wylie, Texas 75098 # BLK/ABST LOT/TRACT TAX I.D. # PROPERTY OWNER NAME ADDRESS Applicant 500 Crenshaw Drive 1 Robert &Rosemary Love Wylie, Texas 75098 Meadows of B'mingham 600 Sumter Drive 2 BIk A I Lot 21 I R-8196-00A-0210-1 Tonia Sharp Wylie, Texas 75098 Meadows of B'mingham 701 Chelsea Drive 3 BIk A I Lot 22 I R-8196-00A-0220-1 Terrence Ing Wylie, Texas 75098 Meadows of B'mingham 500 Crenshaw Drive 4 BIk D I Lot 1 I R-8196-00D-0010-1 Robert Love Wylie, Texas 75098 Meadows of B'mingham 502 Crenshaw Drive 5 BIk D I Lot 2 I R-8196-00D-0020-1 Robert Meagher Wylie, Texas 75098 Meadows of B'mingham 604 Overton Drive 6 BIk D I Lot 3 I R-8196-00D-0030-1 Nathaniel Dunham Wylie, Texas 75098 Meadows of B'mingham 601 Overton Drive 7 Blk D I Lot 4 I R-8196-00D-0040-1 Jason Pitzaferro Wylie, Texas 75098 Meadows of B'mingham 603 Overton Drive 8 Blk D I Lot 5 I R-8196-00D-0050-1 Michael Gentry Wylie, Texas 75098 Meadows of B'mingham 605 Overton Drive 9 BIk D I Lot 6 I R-8196-00D-0060-1 Frederick Gregory Wylie, Texas 75098 Meadows of B'mingham 607 Overton Drive 10 BIk D I Lot 7 I R-8196-00D-0070-1 Eduwiges Martinez Wylie, Texas 75098 Meadows of B'mingham 609 Overton Drive 11 Blk D I Lot 8 I R-8196-00D-0080-1 Steven Blumer Wylie, Texas 75098 Meadows of B'mingham 611 Overton Drive 12 BIk D I Lot 9 I R-8196-00D-0090-1 Samuel Chavez Wylie, Texas 75098 Meadows of B'mingham 613 Overton Drive 13 BIk D I Lot 10 I R-8196-00D-0100-1 Mark Rains Wylie, Texas 75098 Meadows of B'mingham 514 Brighton Court 14 BIk E I Lot 25 I R-8196-00E-0250-1 Aurora Cray Wylie, Texas 75098 Meadows of B'mingham 512 Brighton Court 15 BIk E I Lot 26 I R-8196-00E-0260-1 _ Kevin Feldkamp Wylie, Texas 75098 Meadows of B'mingham 510 Brighton Court 16 BIk E I Lot 27 I R-8196-00E-0270-1 Selitha Wilson Wylie, Texas 75098 Meadows of B'mingham 616 Overton Drive 17 BIk E I Lot 31 I R-8196-00E-0310-1 _ Thomas Fiore Wylie, Texas 75098 Meadows of B'mingham 17855 Dallas Pkwy #200 18 BIk E I Lot 32 I R-8196-00E-0320-1 RH of Texas, LP Dallas, Texas 75287-6857 Meadows of B'mingham 501 Crenshaw Drive 19 Blk E I Lot 33 I R-8196-00E-0330-1 Daniel Hoyt Wylie, Texas 75098 Meadows of B'mingham 503 Crenshaw Drive 20 Blk E I Lot 34 I R-8196-00E-0340-1 Wendy Stenzel Wylie, Texas 75098 Meadows of B'mingham 505 Crenshaw Drive 21 Blk E Lot 35 R-8196-00E-0350-1 Jason Collins Wylie, Texas 75098 B'mingham Farms 14B 2800 Surveyor Blvd, Bldg #1 22 BIk C Lot 24 R-8486-00C-0240-1 Centex Homes Carrollton, Texas 75006-5143 B'mingham Farms 14B 2800 Surveyor Blvd, Bldg #1 23 Blk C Lot 25 R-8486-00C-0250-1 Centex Homes _ Carrollton, Texas 75006-5143 B'mingham Farms 14B 2800 Surveyor Blvd, Bldg #1 24 BIk C Lot 26 R-8486-00C-0260-1 Centex Homes Carrollton, Texas 75006-5143 B'mingham Farms 14B 2800 Surveyor Blvd, Bldg #1 25 BIk C Lot 27 R-8486-00C-0270-1 Centex Homes Carrollton, Texas 75006-5143 B'mingham Farms 14B 2800 Surveyor Blvd, Bldg #1 26 BIk C Lot 28 R-8486-00C-0280-1 Centex Homes Carrollton, Texas 75006-5143 B'mingham Farms 14B 2800 Surveyor Blvd, Bldg #1 27 BIk C Lot 29 R-8486-00C-0290-1 Centex Homes Carrollton, Texas 75006-5143 B'mingham Farms 14B 2800 Surveyor Blvd, Bldg #1 28 BIk C Lot 30 R-8486-00C-0300-1 Centex Homes Carrollton, Texas 75006-5143 29 30 31 32 33 34 35 • 36 3.0- v1 1vl It.I1/4./1C-i � 25 ��e 26 27 28 29 O 30 Ann Drive ' ' _ ._ . n m 4L 23 # e 4c) 1 29 D 0 . (/ /)( . - ' 17 04 7 S 16 ,\\).e \ _ 17 ,10 °9 " = 140' ZBA CASE #2005-01 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 #2005-01. • I am AGAINST the requested variance as explained on the attached public notice for ZBA Case#2005-01. Date,Location&Time of Zoning Board of Adjustment meeting: Monday,January 24,2005,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: IVk1C k k t+ (please print) j Address: 5c I C4 e ci v Or. \Mlle 15c q b Signature: %,(24.,\ W04-- Date: 24 I r(}S COMMENTS: Public Hearing Item No. 3 City of Wylie ZBOA No. 2005-02 Zoning Board of Adjustment Public Hearing: January 24, 2005 Owner/Applicant: Stephen C. Averill Location: 1530 Lynn Drive, Lot 3, Block C in the Creekside Phase 1 Addition. Request: Variance to Section 9.2(11) of Planned Development District 99-32 to reduce the side yard from the required 20 feet to 17.71 feet. Background: The subject property was zoned in October of 1999 as Creekside Estates Addition with the adoption of Planned Development District 99-32. The conditions of the PD required a side yard setback of twenty (20) feet when a side yard is adjacent to a side street. The subject property is located on the northeast corner of Lynn Drive and Glenwood Drive. The lot is approximately 18,400 square feet and narrows to floodplain in the rear. The applicant is requesting that the side yard that faces Glenwood Drive be reduced by two feet four inches to allow for a 2,500 square feet home. The requested variance is 11 percent from the required setback. The PD stipulates a minimum lot area of 8,500 square feet, lot width of not less than sixty (60) feet, lot depth of not less than 100 feet, and a minimum dwelling size of 1,800 square feet exclusive of garages, breezeways and porches. Public comment forms were mailed to twenty (20) property owners within 200 feet of this request, as required by State Law. No Comment forms had been submitted at the time of this posting. ZBOA 2005-02 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. The minimum dwelling size for this subdivision is 1,800 square feet. The applicant is proposing to construct a dwelling unit of 2,500 square feet. 2. The southern property line of the subject property narrows from a front property line width of 94.25 feet to a rear property line width of 63.44 feet. The rear of the property contains a 68.52 feet drainage easement. ZBOA 2005-02 3. The southeast corner of the house will be 17.71 feet from the side property line, encroaching 2.08 feet into the required setback or a variance of 11 percent of the required 20 feet side yard depth. 4. Public comment forms were mailed out to fourteen (14) property owners within 200 feet of this request, as required by State Law. No comment forms had been received at the tine of this posting. Attachments: Location Map Site Plan (Illustrating requested variance) Site Photos Notification List and Map with Responses i oss Rid•e M Road 10 _.._.._.._.._.._..� i .._.._.._ PA K E R CITY L M ITc I I i i Subject i Property i i i i C.R. 247 I - I I ,,:„.„ i Glenwood Drive i Ceslie Drive II i1 Pf- o 0 :I- i 11", fieagenea brive ea enea 111 wd.,-, 41 .gEj Brerxfen IlltiNi I n HlnnanFCouf�„ Hinnant Drive 1 \ a1 ' 4 !.iiil I I I 1 te*011i I I I I IrP 411 I 1 I k I h . lat." -4°‘. OW - -1A1 -n c . 0.3v-acw .0. 00,,, ,',:---E aco mre arc ' k ♦7 11111110 4.., ' , lens q. ._._11.171- i i ti illi• IOW i ! I Charles Cf. 1 1 1 i I y —I— LOCATION MAP ZBA CASE #2005-02 U ;j A ., K 1 m } tO o, D N�I ttn -0 1 1 A 0 o _ '_ cv � I 1 a 1 73 -I1 ". ‘-):CO. I" Ij 1 1 25.00'FRONT BUILDING LINE Y : I W I ---- - 10' •d U.E. 5 U.E. 545.00 .,4DM. 4'CITY WALK LYNN DR. I I Subdivision GREEKSIDE ESTATES 4IB OWEN , A Custom Residence For : F1 .1 ,=o ro z Lot Blk Z M.ly > 5G 151 SOUTH TENNESSEE UK)544-2442 cc z x MCKINNEY, TX. 75069 Fax(214)5442490• fo Address 0 r r 3-2 LYNN DRIVE GENERAL NOTES: DRAWN BY -..._ LEAF6REEN -0 c PUBLIC SIDEWALK: MIN.4'WIDE "� I. Q -m'? City SIDEWALK APPROACH : MIN.5'WIDE FILE NAME I Ic,< „ WYLIE, GOLLII COUNTY, TEXAS DRIVEWAY DRIVEWAY a GARAGE: MIN.lb'WIDE 2I01_PP.DWG U`\ REVISIONS Date BUILDER TO CHECK FOR ANY DISCREPANCIES,ERRORS,AND/OR a-, 0��02�02 I I SCALE : I" = 2O'-O" OMISSIONS TO THIS PLOT PLAN PRIOR TO CONSTRICTION. 01/11/2005 11:26 9724295229 BOWEN BUILDERS GROUP PAGE 02 • . . 7 14: \ \ . / CI, 0\ fl • ..1.- • . ._ '. \ Wq ,••D . r • 0 I 1 . . , -.%t . , 1. 54 \ \I)‘7 WV1\1(/ \ 7 0 Di • • '0 , . r A C3 IP. , e' . ., .. • 7.14 kt \ I: •• ILI' •, , . • I 1 I , in • . . : . i I , , 411,• . ; 25.00'19R0NT SUlL1,11449 LINE 1,i • 1 . • , . 1 •, 1 • : 1 , 2 : , . . . , . 4 . . , ., . . - - - -• '1,iv: , a U.E. . ... .. 5'U.E. _—_............_—giti...:=5' -.......,-—_,—.—_,—-.:_...--..--.---•—••-•---- —,---, ..---------- 4'airy WALK LYNN R. — f I Subdivision _ >MIMI _ c, C.,REEKSIDE ESTATES A Custom Rosidlenac For : I I . : 5,To eelFPF:MjarMe40.0=40.MAR /4560 „ At-BOWEN . c.,.,..# ,e,...,,,...t. .....sr Z 41 1 La `.. Lot Blk 3 C IN SOUTH T[NNt5SEE (211-),1-42.-1-1-2 —1 MC.K1NNtY, TX.7,069 Fax(214)544 2+90• C, ic.:: 'I-Z Addrdss _ 0 4,...J 0 I ...1. LYNN ',RIVE ilit*-1 Z34)Z. l' SENERAL NOTES: DRA144 DY: LDAPORE5N li =.°: GIN eveu L.K.:o sidEwA MIN.4'AIDE SIDEWALK APPROACH. MIN.D' ICE r'I NA,45 Imin 61 ',•?,,4 c:0 •C••••• c..,c•+ HYL Z, COLL IN COUNTY, TEXAS DRIVID.IAY APPROACH: miN 12'WIDE IORIVEk•LAY•asARA.55. MIN.le At0E 2101-PP OAS ADYI•IoN• 1,ate GUILDER TO CHECK Fort ANY I,- VISGKEPAmciEZ,elltPiOR5.AsevoR. a 2 01/02/02 SCALE : 1" s 20.-0" or-115510N5 TO THIS PLOT PLAN I I PRIOR TO CONSTRICTION •... ../IIIIIIIIIIIIIIIIIIIIIMIIIIIIIIIIIII•11.1a.• Public Hearing Item No. 3 ZBOA Case No. 2005-02 11/ ae_.: View of subject property looking west • .., D ',wives �- Front view of subject property NOTIFICATION REPORT APPLICANT: Steven C.Averill APPLICATION FILE ZBA#2005-02 1530 Lynn Drive Wylie, Texas 75098 # BLK/ABST LOT/TRACT TAX I.D. # PROPERTY OWNER NAME ADDRESS Applicant 1530 Lynn Drive 1 Steven C. Averill Wylie, Texas 75098 Creekside Estates 1 3500 Brenden Court 2 BIk A Lot 29 R-5128-00A-0290-1 Richard Ware Wylie, Texas 75098 Creekside Estates 1 3501 Lynn Court 3 BIk A Lot 30 R-5128-00A-0300-1 Timothy Taylor Wylie, Texas 75098 Creekside Estates 1 - 3503 Lynn Court 4 Blk A Lot 31 R-5128-00A-0310-1 Nan Jiang Wylie, Texas 75098 Creekside Estates 1 3505 Lynn Court 5 BIk A Lot 32 R-5128-00A-0320-1 Theodore Johnson Wylie, Texas 75098 Creekside Estates 1 3502 Lynn Court 6 Blk A Lot 37 R-5128-00A-0370-1 Jennifer Kramer Wylie, Texas 75098 Creekside Estates 1 3500Lynn Court 7 Blk A Lot 38 R-5128-00A-0380-1 Jackson Snipes Wylie, Texas 75098 Creekside Estates 1 PO Box 868 8 Blk A Lot 39 R-5128-00A-0390-1 Juanita Akagi Rusk, Texas 75785-0868 Creekside Estates 1 11494 Luna Road #210 9 Blk A Lot 40 R-5128-00A-0400-1 Mercedes Homes of Texas, Ltd. Farmers Branch, Texas 75234-9421 Creekside Estates 1 11494 Luna Road #210 10 BIk C Lot 1 R-5128-00C-0010-1 Mercedes Homes of Texas, Ltd. Farmers Branch, Texas 75234-9421 Creekside Estates 1 11494 Luna Road #210 11 Blk C Lot 2 R-5128-00C-0020-1 Mercedes Homes of Texas, Ltd. _ Farmers Branch, Texas 75234-9421 Creekside Estates 1 131 S. Tennessee 12 BIk C Lot 3 R-5128-00C-0030-1 Bowen Family Homes of Texas Inc. McKinney, Texas 75069-4321 Creekside Estates 1 1528 Lynn Drive 13 Blk D Lot 1 R-5128-00D-0010-1 James Pickens _ Wylie, Texas 75098 Creekside Estates 1 1526 Lynn Drive 14 BIk D Lot 2 R-5128-00D-0020-1 Towfique Chowdhury Wylie, Texas 75098 Creekside Estates 2 Estates at Creekside Phase II 8235 Douglas Avenue #650 LB-65 15 Blk K Lot 1 R-8318-00K-0010-1 _ Development, Inc. Dallas, Texas 75225-6015 Creekside Estates 2 3308 Glenwood Drive 16 BIk K Lot 2 R-8318-00K-0020-1 Rashard Walls Wylie, Texas 75098 Creekside Estates 2 3306 Glenwood Drive 17 Blk K Lot 3 R-8318-00K-0030-1 Earl Berner Wylie, Texas 75098 Creekside Estates 2 Estates at Creekside Phase II 8235 Douglas Avenue #650 LB-65 18 BIk I Lot 1 R-8318-00I-0010-1 Development, Inc. Dallas, Texas 75225-6015 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 . Cuf,ra(ee Gi i S , r D ' e photse 2 . 41 An (A) Greek. id6 \ (` o � 5 36 o�aSe, 1)r(1)- 2 1Pel f 2 coJ\Lynilli, I.v 1 33 32 O '� 4 29 -4c 'j 7 28 4 25 26 27 5 A‘7\ ZBA CASE #2005-02 Estates at Creekside Development, Inc. 8235 Douglas Avenue Suite 65o,LB-65 Dallas,Texas 75225 January 12, 2005 J AN 1 4 Z005 Mr. Steve Averill, Area Construction Manager Bowen Builders Group of Texas, Inc. 131 South. Tennessee McKinney, TX 75069 Re: Variance Request for Creekside Estates Phase I, Wylie, Texas Dear Steve, We have received and approved the enclosed plot plan for Block C, Lot 3 (1530 Lynn Drive) at Creekside Estates Phase I. This approval is contingent upon the City of Wylie's approval of the variance request to encroach approximately 2'4"into the side yard building setback. As the Developer of Creekside Estates, Estates at Creekside Development, Inc. has no problem with the encroachment. Based on the lot's proximity to the existing creek, along the lot's rear property line, the encroachment will have no visual or functional effect on the community. Please advise me of Wylie's decision. ggiely,/ _ dito es J. Melino Authorized Representative Enclosure Public Hearing Item No. 4 City of Wylie ZBOA No. 2005-03 Zoning Board of Adjustment Public Hearing: January 24, 2005 Owner/Applicant: Jay Cullar, ROW Agent For the City of Wylie Location: South of Alanis Drive at Martinez Lane, north of Glen Knoll Mobile Home Park. Request: Variance to Section 4.2(A) of the Zoning Ordinance to reduce the front yard setback from 50 feet to 25 feet, and to reduce the rear yard setback from the required 25 feet to 24 feet. Background: The subject property fronts to the south of Alanis Drive. The property is zoned Business Center (BC) District, which requires a front yard of fifty (50) feet and rear yard of twenty-five (25) feet. The subject property is zoned Business Center (BC) District. The widening and improvements of Alanis requires additional right-of-way from the subject property approximately seventy-five (75) feet deep and one thousand three hundred seventy feet (1,370) long. The City's Right-of-Way Agent has determined that this purchase will create a remnant lot which is too small to accommodate the setback required by the BC zoning. Therefore, the city, in behalf of the owner, is requesting a variance to reduce the front yard set back from fifty (50) feet to twenty-five (25) feet and to reduce the required rear yard setback of twenty-five (25) feet to twenty-four (24) feet. 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 ZBOA 2005-03 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. The Thoroughfare Plan recommends that Alanis Road be six lanes with a dividing median, in order to serve as a loop system to collect traffic throughout south Wylie and direct it to regional routes S.H. 78 and South Ballard/Sachse Road. The City Council has determined that there is no alternative route and that the right-of-way is required from the subject property. 2. Widening of Alanis Road and the required fifty (50) feet front yard setback would leave a depth of approximately fifty-eight feet, and render the property undevelopable. 3. Public comment forms were mailed out to twenty-five (25) property owners within 200 feet of this request, as required by State Law. No comment forms had been received at the tine of this posting. Attachments: Location Map Site Photos Notification List with Responses 44. dikst ' ,i 4 , „.. .. - , „,---- 1.__ _ _ \ 1111111111111 „ N:r , ..,..n,sgra 4? i -i— 1111 = :1111111111 .. - i L7____,T,-.e-4,-.% ga-•••/-•1.1 g: - --X ME , . I /;c1... \ :7*.S,- • .," S4.\ i c.i, ......._._.._._ _Subject _ - Properl —I-- 0-----8 I S — — 4TrTicresi 5Th------- I. 46" T-1.! i i i i i a • ! i i , 4 . a i , a i a ... ,a, i ili . ' i a......._ _._ i i i a !----1 I i i a a ! i i i i a i Monis Drive ! i ,r. I Drive , , , , .: .. I; , .. ... /i . : ///muff :- , r----, Mil/Li Him, : / i - -- I' . i i \\•-1-7:1‘ \\\\\\\\W\1(1/1/ I i , i r/ H s.iffillial -' : i i i i i i i i. • • ‘ 3 ) . olortIbi Dm , `41 111111 ..a 15 ..., 14 .....-• w ...... ....-- ,----- ...,...----- 1111 \ , . . `....... _ - - , -.., .., ---.„.„.. ‘ ''.-... '‘ -...,._. -%. -.. 'L. 't i ii i .4d L . " LOCATION MAP ZBA CASE #2005-03 Public Hearing Item No. 4 ZBOA Case No. 2005-03 Alanis at Martinez Lane tom- io Subject property facing south loi ti. Subject property from intersection of Alanis and Martinez Lane Public Hearing Item No. 4 ZBOA Case No. 2005-03 Alanis at Martinez Lane IIIIMpr View of subject property from intersection of Century Way and Alanis 1 a vr, . Subject Property `dt"riare q/oi1/s View of subject property looking east on Alanis Drive NOTIFICATION REPORT APPLICANT: Jay Cullar of ROWAC, Inc. APPLICATION FILE ZBA#2005-03 11615 Forest Central Drive #205 Dallas, Texas 75243 Q BLK/ABST LOT/TRACT TAX I.D. # PROPERTY OWNER NAME ADDRESS Applicant - Jay Cullar 11615 Forest Central Drive #205 1 ROWAC, Inc. Dallas, Texas 75243 Glen Knoll MHP PO Box 56 2 --- Lot 1 R-1633-000-0010-1 Glen Knoll Mobile Home Park Ltd Wylie, Texas 75098 Glen Knoll MHP 1 Glen Knoll Drive 3 --- Space 1 M-4432-000-0010-1 Mary Swires Wylie, Texas 75098 Glen Knoll MHP PO Box 55 4 --- Space 58 M-4432-000-058A-1 Betty Webb Wylie, Texas 75098 Glen Knoll MHP PO Box 56 5 --- Space 59 M-4432-000-059C-1 Glen Knoll Mobile Home Park Ltd Wylie, Texas 75098 Glen Knoll MHP 60 Glen Knoll Drive 6 --- Space 60 M-4432-000-060H-1 Rueben Alvizo Wylie, Texas 75098 Glen Knoll MHP 61 Glen Knoll Drive 7 --- Space 61 M-4432-000-061A-1 Gene Dunlap Wylie, Texas 75098 Glen Knoll MHP PO Box 56 8 --- Space 62 M-4432-000-064D-1 Glen Knoll Mobile Home Park Ltd Wylie, Texas 75098 Glen Knoll MHP 63 Glen Knoll Drive 9 --- Space 63 M-4432-000-063F-1 Doris Bailey Wylie, Texas 75098 Glen Knoll MHP PO Box 56 10 --- Space 64 M-4432-000-0640-1 Glen Knoll Mobile Home Park Ltd, Wylie, Texas 75098 Glen Knoll MHP 65 Glen Knoll Drive 11 --- Space 65 M-4432-000-065A-1 Linda Ellison Wylie, Texas 75098 Glen Knoll MHP 554 County Rd. 4975 12 --- Space 66 M-4432-000-066D-1 _ Melanie Hanes Leonard, Texas 75452-4229 Glen Knoll MHP 67 Glen Knoll Drive 13 --- Space 67 M-4432-000-067E-1 Teresa Warren Wylie, Texas 75098 Glen Knoll MHP 1910 Pacific Avenue #1300 14 --- Space 68 M-4432-000-068A-1 FDIC Dallas, Texas 75201-4526 Glen Knoll MHP 69 Glen Knoll Drive 15 --- Space 69 M-4432-000-069D-1 Mary Pruitt Wylie, Texas 75098 Glen Knoll MHP PO Box 860271 16 --- Space 70 M-4432-000-070E-1 Janie Aguilera Piano, Texas 75086-0271 Glen Knoll MHP 71 Glen Knoll Drive 17 --- Space 71 M-4432-000-071 D-1 Ross Oliver Wylie, Texas 75098 Glen Knoll MHP 211 Spence Drive 18 --- Space 72 M-4432-000-072A-1 Charlene Bishop Wylie, Texas 75098 Glen Knoll MHP 73 Glen Knoll Drive 19 --- Space 73 M-4432-000-073C-1 Richard Lang _ Wylie, Texas 75098 Glen Knoll MHP PO Box 216 20 --- Space 74 M-4432-000-074A-1 Danny Harrison Wylie, Texas 75098 Glen Knoll MHP PO Box 56 21 --- Space 75 M-4432-000-075D-1 Glen Knoll Mobile Home Park Ltd , Wylie, Texas 75098 Creek Bend Ind Park PO Box 128 22 BIk B Lot 2 R-1675-00B-002R-1 Charles Beeler Wylie, Texas 75098 Creek Bend Ind Park PO Box 1520 23 BIk B Lot 3 R-1675-002-0030-1 John Fitzpatrick Wylie, Texas 75098 Century Business Park PO Box 14638 24 Blk C Lot 5R R-2103-00C-005R-1 David Lasiter Haltom City, Texas 76117-0638 Century Business Park 2695 Villa Creek Drive #145 25 Blk A Lot 1 B R-4885-00A-001 B-1 Heatley Moist Inc. Dallas, Texas 75234-7392 2000 Hwy. 78 North 26 Abst 660 Tract 3 R-6660-000-0030-1 City of Wylie Wylie, Texas 75098 PO Box 518 27 Abst 660 Tract 4 R-6660-000-0040-1 Melvin St. John Wylie, Texas 75098 2000 Hwy. 78 North 28 Abst 660 Tract 5 R-6660-000-0050-1 City of Wylie Wylie, Texas 75098 2000 Hwy. 78 North 29 Abst 267 Tract 11 R-6267-000-0110-1 City of Wylie Wylie, Texas 75098 1702 Martinez Lane 30 Abst 267 Tract 12 R-6267-000-0120-1 Lois Fuentes Wylie, Texas 75098 2709 PR 5279 31 Abst 267 Tract 18 R-6267-000-0180-1 Ernest Martinez _ Wylie, Texas 75098 PO Box 708 32 Abst 267 Tract 37 R-6267-000-0370-1 Marcos Martinez Wylie, Texas 75098 2701 Troy Road 33 Abst 267 Tract 40 R-6267-000-0400-1 Ronald Martinez Wylie, Texas 75098 34 35 36