05-23-2005 (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, May 23, 2005
7:00 p.m.
CALL TO ORDER
CONSENT AGENDA
1. Consider and act upon approval of the Minutes of the April 25, 2005 Meeting.
SWEARING-IN OF SPEAKERS
PUBLIC HEARINGS
1. Hold a public hearing to consider and act upon a request by Beverly Dempsey-Moody
for a variance to Section 4.(1)(a) of Planned Development No. 2000-20 and section
11.3(1)(c) of the 1985 Zoning Ordinance to reduce the required rear yard from the
required 25 feet to 15 feet, this property being located at 1901 Water Fall Way, Lot 36,
Block D of the Cascades Phase 1 Addition. (ZBOA Case No. 2005-10).
2. Hold a public hearing to consider and act upon a request by Joe Tolleson for a
variance to Section 2.5.4.b of the Zoning Ordinance to reduce the setback
requirement for Accessory Buildings (Barns & Stables) in Agricultural Districts from
the required fifty feet to ten feet (one side only), this property being located at 1036 S.
Kreymer(ZBOA Case No. 2005-11).
3. Hold a public hearing to consider and act upon a request by Melissa & Ray Hulse for a
variance to Section 2.5.4.e(1) of the Zoning Ordinance in order to allow the use of wood
and glass in lieu of masonry — Accessory Buildings Exterior Wall Finish, this property
being located at 304 Harvest Bend Drive, Lot 14, Block A of the Harvest Bend Addition.
(ZBOA Case No. 2005-12).
3
Posted Friday, May 20, 2005 at 5:00 p.m.
THE WYLIE MUNICIPAL COMPLEX IS WHEELCHAIR ACCESSIBLE. SIGN INTERPRETATION OR OTHER SPECIAL ASSISTANCE FOR DISABLED
ATTENDEES MUST BE REQUESTED 48 HOURS IN ADVANCE BY CONTACTING THE CITY SECRETARY'S OFFICE
AT 442-8100 OR TDD AT 442-8170.
Zoning Board of
Adjustments
I -
4
City of Wylie
May 23 , 2005
Regular Business Meeting
AGENDA
Zoning Board of Adjustment
City Council Chambers, Wylie Municipal Complex
2000 Highway 78 North Wylie, Texas 75098
Monday, May 23, 2005
7:00 p.m.
CALL TO ORDER
CONSENT AGENDA
1. Consider and act upon approval of the Minutes of the April 25, 2005 Meeting.
SWEARING-IN OF SPEAKERS
PUBLIC HEARINGS
1. Hold a public hearing to consider and act upon a request by Beverly Dempsey-Moody
for a variance to Section 4.(1)(a) of Planned Development No. 2000-20 and section
11.3(1)(c) of the 1985 Zoning Ordinance to reduce the required rear yard from the
required 25 feet to 15 feet, this property being located at 1901 Water Fall Way, Lot 36,
Block D of the Cascades Phase 1 Addition. (ZBOA Case No. 2005-10).
2. Hold a public hearing to consider and act upon a request by Joe Tolleson for a
variance to Section 2.5.4.b of the Zoning Ordinance to reduce the setback
requirement for Accessory Buildings (Barns & Stables) in Agricultural Districts from
the required fifty feet to ten feet (one side only), this property being located at 1036 S.
Kreymer(ZBOA Case No. 2005-11).
3. Hold a public hearing to consider and act upon a request by Melissa & Ray Hulse for a
variance to Section 2.5.4.e(1) of the Zoning Ordinance in order to allow the use of wood
and glass in lieu of masonry — Accessory Buildings Exterior Wall Finish, this property
being located at 304 Harvest Bend Drive, Lot 14, Block A of the Harvest Bend Addition.
(ZBOA Case No. 2005-12).
3
Posted Friday, May 20, 2005 at 5:00 p.m.
THE WYLIE MUNICIPAL COMPLEX IS WHEELCHAIR ACCESSIBLE. SIGN INTERPRETATION OR OTHER SPECIAL ASSISTANCE FOR DISABLED
ATTENDEES MUST BE REQUESTED 48 HOURS IN ADVANCE BY CONTACTING THE CITY SECRETARY'S OFFICE
AT 442-8100 OR TDD AT 442-8170.
MINUTES
Zoning Board of Adjustment
City Council Chambers, Wylie Municipal Complex
2000 Highway 78 North Wylie, Texas 75098
Monday, April 25, 2005
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:
Weldon Bullock Claude Thompson
Jeff Ellis Mary Bradley
Marilyn Herrera
Mitch Herzog
Linda Jourdan
Layne LeBaron
Jan Sargent
CALL TO ORDER
Chairman LeBaron called the meeting to order at 7:08 p.m.
CONSENT AGENDA
1. Consider and act upon approval of the Minutes of the February 21, 2005
Meeting.
A motion was made by Ms. Herrera, and seconded by Mr. Herzog, to approve the
minutes as submitted. Motion carried 7 — 0.
SWEARING IN OF ADJUDICANTS
Mary Bradley, Secretary, administered oath.
ZBOA Commission Meeting
April 25, 2005
Page 2 of 5
PUBLIC HEARING
1. Hold a public hearing to consider and act upon a request by Glen Chancellor for
interpretation of and variance to Section 2.5.4e of the Zoning Ordinance
regulating the exterior wall material of accessory buildings, this property being
located at 1750 McMillen Road, Tract 1-4, Abstract No. 688-5. (ZBOA Case No.
2005-07).
Thompson stated that the property was initially created in 1993 by platting of McMillen
Farms, which was later renamed by replat to the McMillen Estates Addition. The
McMillen Farms subdivision was zoned as Single-Family Residential (SF-1), for lots of
10,000 square feet and larger under the 1985 Zoning Ordinance. This zoning
classification was converted to Single-Family-10 (SF-10) Residential District with the
City-wide revision of the Zoning Ordinance and Map in November of 2001.
The subject lot is 2.1805 acres in size and complies with the Agriculture District,
although it is zoned Residential.
The applicant desires to construct an accessory building in the rear yard of the subject
lot, and is seeking clarity of the regulations and a variance if necessary to construct the
structure with exterior walls of synthetic siding (Hardiplank).
Other existing accessory buildings in the vicinity have metal or wood siding, differing
from the masonry walls of their residences. In August of 2004, the Board approved a
similar request adjacent to the subject property.
Public comment forms were mailed out to ten (10) property owners within 200 feet of
this request, and two were received in favor of the request at the time of posting.
Chairman LeBaron opened the public hearing.
Glen Chancellor, 1750 McMillen Road, applicant/homeowner of the subject property,
stated that he has owned the property since 1997. He has already poured concrete
measuring 20 feet by 25 feet for the accessory building, which is located 216 feet away
from the home.
Chairman LeBaron closed the public hearing.
The Board Members questioned the zoning and requirement for accessory buildings.
Thompson stated that the applicant is requesting that the Board Members to consider
the lot size and not the zoning of the subject property.
ZBOA Commission Meeting
April 25, 2005
Page 3 of 5
A motion was made by Ms. Sargent, and seconded by Mr. Ellis, to GRANT the variance
to construct the structure with exterior walls of synthetic siding (Hardiplank). Motion
carried 5 — 1, with Ms. Jourdan voting in opposition and Mr. LeBaron abstaining.
2. Hold a public hearing to consider and act upon a request by the Scott Wolfe for
a variance to Section 4.3.A.3 of the Zoning Ordinance regulating the setback
requirements for the Industrial District, including the front yard setback from the
required fifty feet to twenty-five feet, and the rear yard setback from the required
twenty-five feet to ten feet and the side yard setback from the required twenty-
five feet to ten feet, this property being located at Lot 1, Block A of the Allen
Atterbury Survey Abstract 23, a part of the unrecorded Caldwell Estates Addition.
(ZBOA Case No. 2005-08).
Thompson stated that the subject property has been platted since 1986 as Lots 20 and
21, of the Wyndham Estates Phase III Addition, and is zoned Industrial (I). The
applicant desires to replat the two lots into one single lot, which would cause the subject
property to loose all vested rights to previous code regulations and would require
conformance with the current Zoning Ordinance.
The applicant requests a variance to change the currently required 50 feet front setback
to 25 feet, the required 25 feet side yard setback to 10 feet and the required 25 feet rear
setback to 10 feet.
The subject property was platted under 1985 Zoning Ordinance requirements for a front
yard setback of 20 feet for Industrial zoned districts. However, these requirements were
modified with the city-wide revision to the Zoning Ordinance in 2001, increasing the
required front yard setback to 50 feet and the rear and side yards to 25 feet.
Sixteen comment forms were mailed to property owners within 200 feet of the subject
property, three comment forms were returned, one favoring and two in opposition of the
requested variance.
The subject property totals 0.367 (16,009 square feet) acres in size. It is proposed to
construct a 1,500 square feet office/warehouse facility, resulting in 9% of the lot being
covered. The Zoning Ordinance allows maximum lot coverage of 50%.
Scott Wolfe, 1412 Leeward Lane, Wylie, represented the engineer for the subject
property, stated that the applicant Artex Electric Company, who currently has two
offices, one in west Texas and one in Oklahoma. The applicant desires to build a
facility in Wylie that will have space to park electrical equipment when not on a job site.
Board members discussed the concern of the screening between the subject property
and the residential homes directly adjacent. Mr. Wolfe stated that a six-foot masonry
wall will screen the residential district located directly behind the subject property.
ZBOA Commission Meeting
April 25, 2005
Page 4 of 5
A motion was made by Ms. Jourdan, and seconded by Ms. Sargent, to GRANT the
variance with the stipulations that the screen wall will be eight-foot masonry wall.
Motion failed 5 —2. With no one making a different motion, the variance was DENIED.
3. Hold a public hearing to consider and act upon a request by the WISD for a
variance to Section 4.4 Nonresidential Design Standards — Exterior Building
Materials of the Zoning Ordinance to allow the use of a stucco-finish metal panel
in lieu of the required masonry, this property being located east of Ballard
Avenue and south of Pirate Drive of the A. Atterberry Survey, Abstract No. 23,
Tract 26. (ZBOA Case No. 2005-09).
Thompson stated that the subject property is located to the rear (east and south) of the
Wylie Independent School District (WISD) Intermediate school and administration
building. The proposed development is a new 45,000 square feet storage/maintenance
facility for the WISD. The applicant is requesting a variance to allow the use of a Stucco
covered metal panel wall system to satisfy the exterior masonry requirement.
The applicant proposes to use a composite material consisting of a stucco material
affixed to a metal backing. The Maintenance Facility is designed for future expansion,
and the applicant states that at the time of expansion, the metal wall panels can be
removed, stored and reused on the new exterior walls, unlike laid-in-place masonry
units thus saving on cost and resource depletion.
The Zoning Ordinance requires that the exterior walls of nonresidential buildings be
"100% masonry, including brick, stone, cast stone, decorative concrete or stucco."
Stucco is defined as a masonry substance troweled on to a supporting lath material.
This regulation controls the exterior finish of the wall, rather than the structural
elements. The Building official has ruled that the material does not comply with the
definition of masonry or stucco.
Seventy-five comment forms were mailed to property owners within 200 feet of the
subject property, two comment forms were received, both in favor of the request.
The subject property totals 60.403 acres in size. The subject building will be partially
screened from public streets and neighboring properties by the other WISD buildings.
ZBOA Commission Meeting
April 25, 2005
Page 5 of 5
Brian Miller, Assistant Superintendent Business, Wylie ISD, P. O. Box 490, Wylie,
Texas, stated that the request for the use of the metal panels will help in being
conservative of the materials when or if expanded. The panels are guaranteed for
twenty years, and can be replaced without having to remodel the entire building. The
panels are 16 inches wide and up to 22 feet in length.
Robert Graham, PBK Architect, service architectural firm for the WISD, stated that the
durability is better for the metal panels because it has compressed marble product. The
appearance is the same as Stucco, but has more durability than Stucco. Single panels
can be replaced and expanded, however, if the building was out of masonry or stucco,
then the entire wall or facility would be remodeled. In the future, the subject property
will be screened by a possible performing center, which will be out of brick. No schools
or performing center will be built out of any thing other than masonry.
Chairman LeBaron closed the public hearing.
A motion was made by Mr. Ellis, and seconded by Ms. Jourdan, to GRANT the variance
for the use of stucco-finish metal panels on the exterior building materials. Motion
carried 7 — 0.
ADJOURNMENT
With no further business to discuss, a motion was made by Ms. Sargent, and seconded
by Mr. Herzog, to adjourn the meeting at 8:15PM.
Layne LeBaron, Chairman Mary Bradley, Secretary
Public Hearing Item No. 1
riof
w,►iie ZBOA No. 2005-10
Zoning Board of Adjustment Public Hearing: May 23, 2005
Owner/Applicant: Beverly Dempsey-Moody
Location: Lot 36, Block D in the Cascades Phase I Addition.
Request: Variance to Section 4.10.3(1)(a) of Planned
Development No, 2000-20 to reduce the required rear
yard from the required 25 feet.
Background:
The subject property was created in July of 2002 with the platting of Phase 1 of the
Cascades Estates Addition. The property was developed according to the special
regulations of Planned Development District No. 2000-20 requiring a rear yard setback
of twenty-five (25) feet.
The subject property is a triangular shaped lot and fronts the intersection of Water Fall
Way and Three Fountains Road with the house facing north. The rear yard measures
25 feet deep and approximately 192 feet wide at the rear property line. A portion of the
rear and eastern side yard contains a fifteen feet sewer easement, within which there
can be placed no permanent structure.
The rear exit of the subject residence is by a single door, opening on to a paved patio
which measures 10 feet by 10 feet. This door faces south and receives full exposure of
the afternoon sun. The applicant desires to construct a shade covering over this rear
porch to provide shade to the wall and to the opening as well as provide protection to
the back door from damage (i.e., water damage, warping, mold and mildew). The
covering is to be attached to the rear wall of the residence and measures 10 feet in
depth by 50 feet in length, extending into the rear yard a distance of 10 feet. The
covering will therefore be 15 feet from the rear property line, extending 10 feet into the
required rear yard or a variance of 40 percent from the required setback.
Public comment forms were mailed to eighteen (18) property owners within 200 feet of
this request, as required by State Law. One (1) form favoring and one (1) form neither
favoring nor opposing the request had been received at the time of this posting.
ZBOA 2005-10
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 porch extends from the rear wall of the residence a distance of ten feet,
and the proposed 50 feet width of the covering will shade the entire back length of
the residence. Because it is attached to the residence rather than free standing, the
covering must be attained within the allowed building envelope. The residence was
constructed at the rear building line 25 feet from the rear property line, and 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,
ZBOA 2005-10
as other attached methods of covering the porch will require similar dimensions and
orientation.
2. The direct exposure of the sun into the wall and door from the south — facing
orientation also increases the heat load within the house and requires increased
use of mechanical cooling and air circulation equipment. The covering will shade
the wall and door and decrease the required internal cooling. The conservation of
energy resources is a stated goal of the City of Wylie.
3. As developed the larger east side yard provides the more efficient out door use of
this lot. The smaller rear yard, into which the shade covering will encroach, is used
less.
4. The requested variance is 10 feet or 40 percent of the required 25 feet rear yard
depth.
5. The patio cover will be constructed of composite shingles to match the roof of the
main structure and will not be visible from a street.
Attachments:
Location Map
Site Plan (Illustrating requested variance)
Site Photos
Notification List and Map with Responses
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LOCATION MAP
ZBA CASE #2005- 10
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Public Hearing Item No. 1
ZBOA Case No. 2005-10
1901 Water Fall Way
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View of rear yard of subject property.
NOTIFICATION REPORT
APPLICANT: Beverly Ann Dempsey-Moody APPLICATION FILE ZBA#2005-10
1901 Water Fall Way Wylie,Texas 75098
BLK/ABST LOT/TRACT TAX I.D. # PROPERTY OWNER NAME ADDRESS
Applicant 1901 Water Fall Way
1 Beverly Ann Dempsey-Moody Wylie,Texas 75098
The Cascades 1 2608 Inwood Road
2 Blk C Lot 20 R-5132-00C-0200-1 Wildwood Homes LLC Dallas,Texas 75235
The Cascades 1 1903 Three Fountains Road
3 Blk C Lot 21 R-5132-00C-0210-1 Richard Morrow Wylie,Texas 75098
The Cascades 1
4 Blk C Lot 22 R-5132-00C-0220-1 No Info available
The Cascades 1 1902 Water Fall Way
5 Blk C Lot 23 R-5132-00C-0230-1 Zia Ahmed Wylie,Texas 75098
The Cascades 1 The Cascades#1 HOA 5949 Sherry Lane#1225
6 Blk C Lot 33 R-5132-00C-0330-1 Cascades Companies LLC Dallas,Texas 75225
The Cascades 1 108B West Marble
7 Blk D Lot 32 R-5132-00D-0320-1 Christina Barrera Wylie,Texas 75098
The Cascades 1 2608 Inwood Road
8 Blk D Lot 33 R-5132-00D-0330-1 Wildwood Homes LLC Dallas,Texas 75235
The Cascades 1 1905 Water Fall Way
9 Blk D Lot 34 R-5132-00D-0340-1 John Sommers Wylie,Texas 75098
The Cascades 1 1903 Water Fall Way
10 Blk D Lot 35 R-5132-00D-0350-1 Keith Taylor Wylie,Texas 75098
The Cascades 1 1901 Water Fall Way
11 Blk D Lot 36 R-5132-00D-0360-1 Beverly Ann Dempsey-Moody Wylie,Texas 75098
The Cascades 1 1900 Three Fountains Road
12 Blk D Lot 37 R-5132-00D-0370-1 Lymari Ames Wylie,Texas 75098
The Cascades 1 1445 MacArthur Drive#100
13 Blk D Lot 38 R-5132-00D-0380-1 Buescher Interests LP Carrollton,Texas 75007
The Cascades 1 1904 Three Fountains Road
14 Blk D Lot 39 R-5132-00D-0390-1 Joel Perfetto Wylie,Texas 75098
The Cascades 1 1906 Three Fountains Road
15 Blk D Lot 40 R-5132-00D-0400-1 Clayton Eddings Wylie,Texas 75098
Newport Harbor 3 1218 Anchor Drive
0 16 Blk 10 Lot 2 R-3830-010-0020-1 Chet Hodges Wylie,Texas 75098
Newport Harbor 3 1216 Anchor Drive
17 Blk 10 Lot 3 R-3830-010-0030-1 Robert Ulbik Wylie,Texas 75098
Newport Harbor 3 1214 Anchor Drive
18 Blk 10 Lot 4 R-3830-010-0040-1 Anthony Stewart Wylie,Texas 75098
Newport Harbor 3 1212 Anchor Court
19 Blk 10 Lot 5 R-3830-010-0050-1 Christian Martin Wylie,Texas 75098
Newport Harbor 3 1210 Anchor Drive
20 Blk 10 Lot 6 R-3830-010-0060-1 David Plumiee Wylie,Texas 75098
Newport Harbor 3 1208 Anchor Drive
21 Blk 10 Lot 7 R-3830-010-0070-1 Jack Gates Wylie,Texas 75098
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ZBA CASE #2005- 10
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
#2005-10.
I am AGAINST the requested variance as explained on the attached public notice for ZBA
Case#2005-10.
Date,Location&Time of
Zoning Board of Adjustment meeting: Monday,May 23, 2005,7:00 pm
Municipal Complex,2000 Highway 78 North,Wylie,Texas
Name: C. A-R A -o& e S
(please print)
Address: _� Ai�,/► v[/ CA 1
W ,
Signature: Q...004.A-- 9•01.0(Se- ---
Date: S - \3- 0 5—
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
#2005-10.
I am AGAINST the requested variance as explained on the attached public notice for ZBA
Case#2005-10.
Date,Location&Time of
Zoning Board of Adjustment meeting: Monday,May 23,2005,7:00 pm
Municipal Complex,2000 Highway 78 North,Wylie,Texas
Name: Poarx-r Of ilk
(please print)
Address: 04, /INC foe- 0.
Signature:
Date:
51//4 �
COMMENTS: /' grje,e.% `O avy4 , .on Can
p-tt_ Gatrulde /0010 GO-Ad %to-e cc—
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it( Public Hearing Item No. 2
City of Wylie ZBOA No. 2005-11
Zoning Board of Adjustment Public Hearing: May 23, 2005
Owner/Applicant: Joe Tolleson
Location: 1036 S. Kreymer Lane, in the Franscisco De La Pina
Survey, Abstract No. 688-5.
Request: Variance to Section 2.5.4(b) of the Zoning Ordinance
to reduce the side yard from the required 50 feet to
10 feet (one side only).
Background:
The subject property is zoned Agricultural and is east of Kreymer Road and
approximately 2,160 feet south of Brown Street. The lot fronts on Kreymer a distance of
110 feet and is 1,992 feet in depth, totaling approximately 5 acres.
The applicant is requesting that the side yard that faces north be reduced by forty feet
to allow for a 1,200 square feet accessory building (barn). The requested variance is 20
percent of the required setback.
The narrow width of the subject property prohibits the compliance of the required fifty
feet setback on each side yard. Although the applicant will meet the required set back
on the south side, the north side can not be met.
The Zoning Ordinance stipulates Accessory Buildings located on lots that are two (2)
acres or more shall not exceed three thousand (3,000) square feet, and shall not be
located within fifty feet of any property line. The applicant is proposing a 1,200 square
feet barn.
Public comment forms were mailed to five (5) 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.
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
ZBOA 2005-11
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 maximum size for an accessory building in AG District is 3,000 square feet. The
applicant is proposing to construct a barn of 1,200 square feet, which complies with
these size provisions.
2. Although agricultural in character, the subject lot is only 109.36 feet wide. The north
side of the accessory building will be 10 feet from the northern property line,
encroaching 40 feet into the required setback or a variance of 80 percent of the
required 50 feet side yard. The south side of the accessory building will be 69.36
feet from the southern property line, complying fully with the setback.
3. There is a vacant lot north of the subject property. A single family residential
dwelling is being constructed to the south.
ZBOA 2005-11
4. The accessory building will be constructed of steel framing and metal siding. Barns
and stables may be constructed of any siding material (Sect. 2.5.4.e.3)
5. There are existing metal barns/stables in close proximity to the subject property.
6. Public comment forms were mailed out to five (5) property owners within 200 feet of
this request, as required by State Law. No comment forms had been received at the
time of this posting.
Attachments:
Location Map
Site Plan (Illustrating requested variance)
Site Photos
Notification List and Map with Responses
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Public Hearing Item No. 2
ZBOA Case No. 2005-117
1036 Kreymer Road
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Public Hearing Item No. 2
ZBOA Case No. 2005-11
1036 Kreymer Road
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NOTIFICATION REPORT
APPLICANT: Joe Tolleson APPLICATION FILE ZBA#2005-11
1036 S.Kreymer Lane Wylie,Texas 75098
BLK/ABST LOT/TRACT TAX I.D. # PROPERTY OWNER NAME ADDRESS
Applicant 1036 S.Kreymer Lane
1 Joe Tolleson Wylie,Texas 75098
4306 Miller Road#A
2 Abst 688-5 Tract 149 R-6688-005-1490-1 DR Horton Texas,Ltd. Rowlett,Texas 75088
1036 S.Kreymer Lane
3 Abst 688-5 Tract 223 R-6688-005-2230-1 Joe Tolleson Wylie,Texas 75098
3209 Ranch Drive
4 Abst 688-5 Tract 148 R-6688-005-1480-1 _ John Yates Garland,Texas 75041
3209 Ranch Drive
5 Abst 688-5 Tract 147 R-6688-005-1470-1 John Yates Garland,Texas 75041
10200 Arnwell Cove
6 Abst 688-5 Tract 125 R-6688-005-1250-1 Hardy Realty, Inc. Austin,Texas 78716
1033 S.Kreymer Lane
7 Abst 688-5 Tract 128 R-6688-005-1280-1 Kikuchi Living Trust Wylie,Texas 75098
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ZBA CASE #2005- 11
Public Hearing Item No. 3
City of Wylie ZBOA No. 2005-12
Zoning Board of Adjustment Public Hearing: May 23, 2005
Owner/Applicant: Melissa & Ray Hulse
Location: 304 Harvest Bend Drive, Lot 14, Block A in the
Harvest Bend Addition.
Request: Variance to Section 2.5.4.e(1) of the Zoning
Ordinance to allow the use of wood siding and glass
in lieu of masonry requirements.
Background:
The subject property was platted in May of 2000 as Lot 14, Block A of the Harvest Bend
Addition. The property was developed according to the regulations of the Single-
Family-3 (SF-3) Residential District of the 1985 Zoning Ordinance. However, with the
adoption of the 2001 Zoning Ordinance, the property was rezoned to Single-Family
8.5/17.
The applicant desires to construct a 10' by 8' (80 s.f.) accessory building - sun shed
(see attached photo) in the rear yard of the subject lot, and is requesting a variance to
the 75% masonry requirement. Placement of the building will comply with all necessary
requirements of the Zoning Ordinance except that the building is constructed of treated
wood and glass.
Section 2.5.4.e.(1) of the Zoning Ordinance, adopted by the City Council in September
of 2003, provides that "accessory buildings one hundred twenty (120) square feet or
less in area are required to be constructed with exterior walls composed of metal with a
baked-on enamel finish, composite masonry façade or the same masonry content
required of the main structure". Prior to this amendment, the previous zoning ordinance
did not specify building materials for residential accessory buildings.
The proposed accessory building has already been purchased by the applicant.
Applicant states that in conversation with the manufacturer, the prefabricated structure
is not designed to with stand the weight of the hardy plank. Therefore, the applicant is
asking for a variance to waive the requirement of exterior masonry on the sun shed.
The shed is factory-primed and ready to paint. The applicant also states that the roof
and the exterior siding will match the color of the residence.
ZBOA 2005-12
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.
ZBOA 2005-12
Considerations:
1. Public comment forms were mailed out to twenty two (22) property owners within
200 feet of this request, as required by State Law. One comment form in favor of the
request was received at the time of this posting.
2. The green house will not be visible from the street. Applicant will install an 8 feet
high fence at the front building line.
3. The proposed accessory building will comply with all setback requirements of the
current zoning ordinance. The accessory building will be located 5 feet from the
west property line and 5 feet from the south property line.
4. The subject property was platted under the 1985 zoning ordinance prior to the
adoption of revisions which regulate materials.
5. A 30 feet North Texas Municipal Water District easement occupies a great portion
of the rear yard. No portion of the proposed sun shed falls within this easement.
6. The Shed/green house has already been purchased.
7. The Board may approve the variance, deny the variance or approve a substitute
variance less than that requested.
Attachments:
Location Map
Letter from Applicant
Survey Plat showing location of Sun Shed
Photo of proposed Sun Shed
Notification List with Responses and Map
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ZBA CASE #2005- 12
Please note the following reasons as to why we are requesting a variance or appeal.
The shed/green house will be the same color as our house, it will also have the same color
of shingles and the siding will look like hard plank. The shed will not be visible from the
street due to the face that we plan to increase the height of the fence to 8 feet.
The shed has already been purchased from Lowe's and is designed by Heartland. It
comes with a 30 year smart side treated siding, which has been treated for termite
prevention and decay. We have talked to Heartland to see if the shed could be made with
hardy plank but it is pre fabricated and already designed for assembly. We were also told
that the structure is not designed to with stand the weight of the hard plank.
The shed will be placed on prefabricated concrete blocks and be anchored down by
mobile home type tie downs and will also have a treated floor.
Please find the attached picture of the shed/greenhouse, the survey plat and the
application for request for variance or appeal.
Thank you for your time.
Sincerely,
Melissa & Ray Hulse
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S U R V E Y PLAT ;
This is to certify that I have, this date, made a careful and accurate survey on the ground of property located a
at No. 304 HARVEST BEND DRIVE ,in the city of WYLIE ,Texas,
Lot No. 14 Block No. A t:
of HARVEST BEND ADDITION an addition
to the City of WYLIE, COLLIN COUNTY ,Texas, according to the_ MAP THEREOF '
recorded in Volume Lat Page 945 of the MAP Records of COLLIN County,Texas. .
1.
HARVEST BEND DRIVE
50' R.O.W. ASSUME 100.0'
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S 88° 57' 58" E 1 10.50' BAL8ARD.22 TO.
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NO1E: BEARINGS, rk,ASEMENIS AND BUILDING LINES ARE BY RECORDED PLAT UNLESS OTHERWISE NOTED. r
.NOTE: According to the F.LR.M. in Community Panel No. 48085C0470 G ,this property does lie in Zone X N L6
and DOES NOT lie Within the 100 year flood zone. 6' u,
This survey is made relying upon the information provided by REPUBLIC Title Company in o
'connection With the transaction described in G.F. RI R10252A . Use of this survey by any other parties and/or for -6;
other purposes shall be at user's own risk and any loss resulting from other use shall not be the responsibility of the undersigned. °n
The plot hereon is a correct and accurate representation of the property lines and dimensions are as indicated; location and type of :, I
buildings are as shown: and EXCEPT AS SHOWN, all improvements are located Within the boundaries and the distances indicated, and w r,`
there are no visible and apparent encroachments or protrusions on the ground. o
ACCEPTED BY: —___
, SIGNATURE DATE SIGNATURE DATE ' 8
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Drawn 6y0RTENCIA_
END LEG DOUG CONNALLY & ASSOC., I C. o
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Scale: 1" = 20' • POWER POLE ,/, EDGE OF ASPHALT DALLAS, TEXAS 7524 �F .'F• TF�'
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0 5/8" IRON ROD SET PHONE:(21 4) 349-9 - 5,:e‹, cc'•.
Date: 04-23-02 _❑ WOOD FENCE
0 1" IRON PIPE FOUND FAX:(214) 349-221 *:Q' Q '�` CD
El"X" FOUND/SET xBARBED WIRE cU
Borrower: A UNDERGROUND ELEC. fU—IRON FENCE www.dcasurveyinq or��YP'N CONNALLY
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SAUVIAC OVERHEAD ELECTRIC —OES—OVERHEAD ELEC. i t.`{d�. 5513
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Job No.0105325-2 f -.". •-1 CONCRETE ►!�COVERED AREA .'
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NOTIFICATION REPORT
APPLICANT: Melissa and Ray Hulse APPLICATION FILE ZBA#2005-12
304 Harvest Bend Drive Wylie,Texas 75098
r# BLK/ABST LOT/TRACT TAX I.D. # PROPERTY OWNER NAME ADDRESS
Applicant 304 Harvest Bend Drive
1 Melissa&Ray Hulse Wylie,Texas 75098
Harvest Bend Phase 1 3556 C.R. 449
2 Blk A Lot 10 R-4447-00A-0100-1 Michael Kittleson Princeton,Texas 75407
Harvest Bend Phase 1 13455 Noel Road#600
3 BIk A Lot 11 R-4447-00A-0110-1 Federal National Mortgate Dallas,Texas 75240
Harvest Bend Phase 1 300 Harvest Bend Drive
4 Blk A Lot 12 R-4447-00A-0120-1 Scott Albert Wylie,Texas 75098
a Harvest Bend Phase 1 302 Harvest Bend Drive
0 5 Bik A Lot 13 R-4447-00A-0130-1 Susan Wilson Wylie,Texas 75098
Harvest Bend Phase 1 304 Harvest Bend Drive
6 Blk A Lot 14 R-4447-00A-0140-1 Jason Sauviac Wylie,Texas 75098
Harvest Bend Phase 1 306 Harvest Bend Drive
7 Blk A Lot 15 R-4447-00A-0150-1 Charles Partridge Wylie,Texas 75098
Harvest Bend Phase 1 308 Harvest Bend Drive
8 Blk A Lot 16 R-4447-00A-0160-1 Laurie Saunders Wylie,Texas 75098
Harvest Bend Phase 1 310 Harvest Bend Drive
9 BIk A Lot 17 R-4447-00A-0170-1 Jeffrey Brickert Wylie,Texas 75098
Harvest Bend Phase 1 309 Harvest Bend Drive
10 Blk C Lot 1 R-4447-00C-0010-1 Dwight Lancaster Wylie,Texas 75098
Harvest Bend Phase 1 307 i�'•.rvest Bend Drive
11 BIk C Lot 2 R-4447-00C-0020-1 Charles Maltese Wylie,Texas 75098
Harvest Bend Phase 1 305 Harvest Bend Drive
12 Blk C Lot 3 R-4447-00C-0030-1 Robert Biltz Wylie,Texas 75098
Harvest Bend Phase 1 303 Harvest Bend Drive
13 BIk C Lot 4 R-4447-00C-0040-1 Michael Losurdo Wylie,Texas 75098
Harvest Bend Phase 1 301 Harvest Bend Drive
14 BIk C Lot 5 R-4447-00C-0050-1 Allonia Taylor-Harry Wylie,Texas 75098
Harvest Bend Phase 1 207 Harvest Bend Drive
15 BIk C Lot 6 R-4447-00C-0060-1 Salvador Varillas Wylie,Texas 75098
Harvest Bend Phase 1 205 Harvest Bend Drive
16 Bik C Lot 7 R-4447-00C-0070-1 Ulric Williams Wylie,Texas 75098
Harvest Bend Phase 1 206 Terrace Drive
17 Blk C Lot 13 R-4447-00C-0130-1 Jessica Lovelace Wylie, Texas 75098
Harvest Bend Phase 1 300 Terrace Drive
18 Blk C Lot 14 R-4447-00C-0140-1 Blake Pasker Wylie,Texas 75098
Harvest Bend Phase 1 302 Terrace Drive
19 Blk C Lot 15 R-4447-00C-0150-1 Terry Ventris Wylie,Texas 75098
O = FOrZ Harvest Bend Phase 1 304 Terrace Drive
X( =ACa11.-1yST. 20 BIk C Lot 16 R-4447-00C-0160-1 Maria Rokita Wylie, Texas 75098
Harvest Bend Phase 1 306 Terrace Drive
21 Bik C Lot 17 R-4447-00C-0170-1 Gerald Colegrove Wylie,Texas 75098
Harvest Bend Phase 1 308 Terrace Drive
22 Blk C Lot 18 R-4447-00C-0180-1 Matthew Shermer Wylie,Texas 75098
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ZBA CASE #2005- 12
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
#2005-12.
I am AGAINST the requested variance as explained on the attached public notice for ZBA
Case#2005-12.
Date,Location&Time of
Zoning Board of Adjustment meeting: Monday,May 23,2005,7:00 pm
Municipal Complex,2000 Highway 78 North,Wylie,Texas
Name:
(please print \ \ \
Address: `�(,��.I
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Signatu
Date: C� S
COMMENTS: