06-27-2005 (Zoning Board of Adjustment) Agenda Packet f
AGENDA
Zoning Board of Adjustment
City Council Chambers, Wylie Municipal Complex
2000 Highway 78 North Wylie, Texas 75098
Monday, June 27, 2005
7:00 p.m.
CALL TO ORDER
CONSENT AGENDA
1. Consider and act upon approval of the Minutes of the May 23, 2005 Meeting.
SWEARING-IN OF SPEAKERS
PUBLIC HEARINGS
1. Hold a public hearing to consider and act upon a request by Jonathan Cantu for a
variance to Section 2.5.4(b) Accessory Buildings of the Zoning Ordinance to
increase the allowed minimum size of an accessory building from 1,000 square feet
to 1,104 square feet, and a variance to Section 2.5.4.e(3) of the Zoning Ordinance to
allow composite masonry façade material on an accessory building exceeding 300
s.f. in lieu of the masonry requirements, this property being located at 640
Rockspring Drive, Lot 3, Block B in the Stoneridge Farms Phase 2 Addition. (ZBOA
Case No. 2005-14).
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Posted F . ay, June 24, 2005 at 5:ittvp! t""
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
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City of Wylie
June 27, 2005
Regular Business Meeting
f
AGENDA
Zoning Board of Adjustment
City Council Chambers, Wylie Municipal Complex
2000 Highway 78 North Wylie, Texas 75098
Monday, June 27, 2005
7:00 p.m.
CALL TO ORDER
CONSENT AGENDA
1. Consider and act upon approval of the Minutes of the May 23, 2005 Meeting.
SWEARING-IN OF SPEAKERS
PUBLIC HEARINGS
1. Hold a public hearing to consider and act upon a request by Jonathan Cantu for a
variance to Section 2.5.4(b) Accessory Buildings of the Zoning Ordinance to
increase the allowed minimum size of an accessory building from 1,000 square feet
to 1,104 square feet, and a variance to Section 2.5.4.e(3) of the Zoning Ordinance to
allow composite masonry façade material on an accessory building exceeding 300
s.f. in lieu of the masonry requirements, this property being located at 640
Rockspring Drive, Lot 3, Block B in the Stoneridge Farms Phase 2 Addition. (ZBOA
Case No. 2005-14).
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,,,� CIE,SE.\\‘
Posted F . ay, June 24, 2005 at 5:ittvp! t""
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, May 23, 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 Mary Bradley
Jeff Ellis Renae 011ie
Marilyn Herrera Claude Thompson
Mitch Herzog
Linda Jourdan
Layne LeBaron
Jan Sargent
CALL TO ORDER
Chairman LeBaron called the meeting to order at 7:10 p.m.
CONSENT AGENDA
1. Consider and act upon approval of the Minutes of the April 23, 2005 Meeting.
A motion was made by Ms. Herrera, and seconded by Ms. Sargent, to approve the
minutes as submitted. Motion carried 7 — 0.
SWEARING IN OF ADJUDICANTS
Mary Bradley, Secretary, administered oath.
ZBOA Commission Meeting
May 23, 2005
Page 2 of 6
PUBLIC HEARING
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).
Ms. 011ie stated that 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 2000-20 requiring a rear yard
setback of twenty-five (25) feet.
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, providing extra space to the sideyard but restricting the location of
structures.
The property faces north, with the back door receiving full exposure of the southern
afternoon sun. The back door of the residence opens onto a paved patio which
measures 10 feet by 10 feet. The applicant desires to construct a shade covering over
the paved patio 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 patio covering will be attached to the rear wall and measures 10 feet in
depth by 50 feet in length, extending into the required rear yard a distance of 10 feet.
The covering will therefore be 15 feet from the rear property line, or a variance of 40
percent from the required setback.
Public comment forms were mailed to eighteen (18) property owners, and two comment
forms returned favoring and one neither favoring nor opposing the request.
The residence was constructed at the rear building line of 25 feet from the rear property
line, and this placement does not allow sufficient space for the desired covering within
the allowed building pad and thus creates a hardship.
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.
Chairman LeBaron opened the public hearing.
ZBOA Commission Meeting
May 23, 2005
Page 3 of 6
Jerry Terry, 5555 E Mockingbird Lane, Suite 3402, Dallas, Texas, general contractor for
the applicant, stated that a mistake was made by the property owner by building a
plastic covering without a permit. The covering will be replaced with composite shingles
to match the roof and guttered along the sides.
Chairman LeBaron closed the Public Hearing.
A motion was made by Mr. Ellis, and seconded by Ms. Jourdan, to GRANT the variance
with understanding that the covering be guttered and shingled to match the residence.
Motion carried 7 — 0.
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).
Ms. 011ie stated that the subject property is zoned Agricultural and is located 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 Zoning Ordinance
stipulates that Accessory Buildings shall not be located within fifty feet of any property
line. The requested variance is 20 percent of the required setback on the north.
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.
Public comment forms were mailed to five (5) property owners within 200 feet of the
subject property, no comment forms have been returned.
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.
A single family residential dwelling is being constructed to the south, but the property to
the north is vacant.
ZBOA Commission Meeting
May 23, 2005
Page 4 of 6
The accessory building will be constructed of steel framing and metal siding. Barns and
stables may be constructed of any siding material.
Chairman LeBaron opened the public hearing.
Joe Tolleson, 1036 S. Kreymer, property owner of the subject property, stated that the
northern side has a natural approach with existing rock road, which the accessory
building would fit at the end of the road. There is no fence around the property. The
intent of the accessory building is to house equipment used for farming and
maintenance of the property.
Mr. Bullock questioned the location of the building. Mr. Tolleson stated that the building
could be placed directly in front of the end of the drive but would take up a majority of
the back yard, and additional approach to the building would be needed. Some
variance would be needed no matter where the building is located; the property is 110
feet wide. If the building was placed within the center of the property, a variance of 15
feet on each side would be required.
Chairman LeBaron closed the Public Hearing.
A motion was made by Mr. Ellis, and seconded by Ms. Jourdan, to GRANT the variance
with the stipulation that there is 30 feet minimum setback on each side. Motion carried
7 - 0.
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).
Ms. 011ie stated that 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 feet by 8 feet (80 square feet) accessory
building/sun shed in the rear yard of the subject lot, and is requesting a variance to the
75% masonry requirement. The building will be constructed of treated wood and glass
panels. Ms. 011ie stated that the glass panel walls/roof could be considered masonry.
The wood material presents the major variant from the code.
ZBOA Commission Meeting
May 23, 2005
Page 5 of 6
The proposed accessory building has already been purchased by the applicant. The
applicant states that the prefabricated structure is not designed to withstand the weight
of masonry or hardy plank covering. Therefore, the applicant is requesting a variance to
waive the requirement of exterior masonry on the sun shed. The shed is factory-primed
and ready to paint, which when painted will match the color of the residence.
The shed will not be visible from the street and an eight foot tall fence will be installed.
The proposed accessory building will comply with all setback requirements of the
current zoning ordinance.
Chairman LeBaron opened the public hearing.
Ray Hulse, 304 Harvest Bend Drive, property owner of the subject property, stated that
the building will be placed upon concrete blocks with trailer ties, the height will be nine
(9) feet and two (2) inches. A vacant field is adjacent to the back of the property. The
siding will closely resemble hardy plank and a portion will be glass.
Chairman LeBaron closed the public hearing.
A motion was made by Ms. Sargent, and seconded by Ms. Jourdan, to GRANT the
variance. Motion carried 6 — 1, with Ms. Herrera voting in opposition.
MISCELLANEOUS
Thompson addressed the board regarding siding requirements for accessory buildings,
in relation to several requests for variance of the rules. The exterior materials for
accessory buildings 120 feet to 300 feet must be made of the same masonry content as
the main structure or some composite masonry façade material. Masonry has an air
space between the masonry wall or installation wall, whereas if masonry composite
materials are used, it is suppose to have an air space but quite often it does not. The
material might qualify by the Building Official, but the installation process may not which
causes water or some other type of damage to develop between the installation process
and exterior material.
Thompson stated that the Planning and Zoning Commission is currently considering
revisions to the Zoning Ordinance, and recommended that the Board Members review
and the accessory buildings requirements. In making revisions to the Zoning
Ordinance, the Commission will review any input received by the Board Members.
ZBOA Commission Meeting
May 23, 2005
Page 6 of 6
ADJOURNMENT
With no further business to discuss, a motion was made by Ms. Sargent, and seconded
by Mr. Herzog, to adjourn the meeting at 8:20PM.
Layne LeBaron, Chairman Mary Bradley, Secretary
Public Hearing Item No. 1
City of Wylie
ZBOA No. 2005-14
Zoning Board of Adjustment Public Hearing: June 27, 2005
Owner/Applicant: Jonathan Cantu
Location: 640 Rockspring Drive, Lot 3, Block B in the
Stoneridge Farms Phase 2 Addition.
Request: Variance to Section 2.5.4(b) Accessory Buildings of
the Zoning Ordinance to increase the allowed
minimum size of an accessory building from 1,000
square feet to 1,104 square feet, and a variance to
Section 2.5.4.e(3) of the Zoning Ordinance to allow
composite masonry facade material on an accessory
building exceeding 300 s.f. in lieu of the masonry
requirements.
Background:
The subject property was platted in December of 1998 as Lot 3, Block B of the
Stoneridge Farms Phase 2 Addition. The property was developed according to the
regulations of the Single-Family-1 (SF-1) Residential District of the 1985 Zoning
Ordinance. However, with the adoption of the 2001 Zoning Ordinance, the property was
rezoned to Single-Family 10/19.
The subject property currently has an accessory building of approximately 204 square
feet, and the applicant desires to construct an additional accessory building 900 square
feet in size in the rear yard. The two buildings will total 1,104 square feet, or 104
square feet larger than the maximum combined size of accessory buildings allowed on
a single lot by section 2.5.4(b) of the Zoning Ordinance. The applicant is requesting a
variance to the minimum square feet for combined accessory buildings allowed on a
single lot. Placement of the building will comply with all necessary requirements of the
Zoning Ordinance except that the building is constructed of a composite masonry
facade material.
The applicant is also requesting a variance to the masonry exterior wall requirement of
the Zoning Ordinance. The main residence on the subject property is 100% masonry,
but was only required to have 75% by the zoning ordinance in effect at the time.
ZBOA 2005-14
Section 2.5.4.e requires that accessory buildings between 120 and 300 square feet
have exterior walls of the same masonry content required for the main structure.
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 2005-14
Considerations:
1. Public comment forms were mailed out to fifteen (15) property owners within 200
feet of this request, as required by State Law. Two comment forms favoring the
request were received at the time of this posting.
2. An existing 8 feet high fence surrounds the front portion of the property, with a 6
feet high fence at the rear.
3. The proposed accessory building along with the existing accessory building will
total 1,104 square feet or 10.4% larger than the maximum allowed 1,000 square
feet. There are several large accessory buildings existing within the Stoneridge
Farms subdivision, including the lot to the north of the subject property.
4. No masonry accessory buildings were observed in the immediate area, although a
masonry shop matching the residence is located at 900 Oakbrook Drive.
5. In October of 2004, the Board approved a similar request within this same
subdivision. The variance granted non-masonry exterior materials, while denying
the variance to increase the size of the accessory building from 600 square feet to
675 square feet.
6. The proposed accessory building will comply with all setback requirements of the
current zoning ordinance.
7. The subject property was platted under the 1985 Zoning Ordinance prior to the
adoption of revisions which regulate materials. The previous code did not regulate
construction materials for accessory buildings.
8. The Board may approve either or both variances, deny either or both variances or
approve a substitute variance(s) less than that requested.
Attachments:
Location Map
Survey Plat showing location of Accessory Building
Property Photos
Notification List with Responses and Map
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LOCATION MAP
ZBA CASE #2005- 14
JONATHAN E. CANTU
640 ROCKSPRING DR.
STONERIDGE FARMS
PHASE II
JUNE 27 ' 2005
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PROPERTY DESCRIPT ON:
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Collin Lot 3, Block , of STdk 0 to the Plat thereofRMS E In Addition
K,t Popst770, of of Wylie,
the
Collin County, Texas, according
hop Records of Collin County, Team.
direction and supervision of the tabove described tract ofs dole a survey was land on the ground, under rrW •
There are no visible conflicts, visible evidence of easements or rights-of-way, or
Protrusions, except as sMur+, and that this dote the ot easementsle a Ynf- been adviser are
way or other
low:Ades matters of record of which the undersigned
m *hewn or noted hereon.
The subject property does not appear to-lie within the.limits of a 100-year t flood
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urns according to the Flap published by the Federal F,,,.rge,cy rbaagen'rn
70 G, dated JANUARY 19, KM, The
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taken
that thee the property will or will not flood. This `Survey is not to be
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used cartrur ien s+rpoeee t to the one certain title convnitrment under the GF
only end this surnrey is made title carapaM named Noreen. - ..
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ZBA CASE #2005- 1ill 27
0 - F .v2-
NOTIFICATION REPORT
APPLICANT: Jonathan E.Cantu APPLICATION FILE ZBA#2005-14
640 Rockspring Drive Wylie,Texas 75098
n BLK/ABST LOT/TRACT TAX I.D. # PROPERTY OWNER NAME ADDRESS
Applicant 640 Rockspring Drive
1 Jonathan E.Cantu Wylie,Texas 75098
Stoneridge Farms 2 Mortgage Electronic PO Box 1169
2 BIk B Lot 1 R-4003-00B-0010-1 Registration Systems, Inc. Milwaukee,WI 53201
Stoneridge Farms 2 630 Rockspring Drive
3 BIk B Lot 2 R-4003-00B-0020-1 Ronald Haffner Wylie,Texas 75098
Stoneridge Farms 2 Jonathan E.Cantu 640 Rockspring Drive
4 BIk B Lot 3 R-4003-00B-0030-1 Melinda Hughs Wylie,Texas 75098
Stoneridge Farms 2 950 Oakbrook Drive
5 BIk B Lot 4 R-4003-00B-0040-1 Scott Wilkinson Wylie,Texas 75098
Stoneridge Farms 2 940 Oakbrook Drive
6 Blk B Lot 5 R-4003-00B-0050-1 Elizabeth May Wylie,Texas 75098
Stoneridge Farms 2 930 Oakbrook Drive
7 BIk B Lot 6 R-4003-00B-0060-1 Phillip Gordon Wylie,Texas 75098
Stoneridge Farms 2 920 Oakbrook Drive
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8 BIk B Lot 7 R-4003-00B-0070-1 James Hoggatt Wylie,Texas 75098
Stoneridge Farms 2 910 Oakbrook Drive
9 BIk B Lot 8 R-4003-00B-0080-1 Timothy Nicks Wylie,Texas 75098
Stoneridge Farms 1 399 Alliston Drive
10 Bik B Lot 10 R-3718-00B-0100-1 Roland Blois Florence, MS 39073
Stoneridge Farms 1 631 Stoneridge Drive
11 Blk B Lot 11 R-3718-00B-0110-1 Sidney Hoover Wylie,Texas 75098
Stoneridge Farms 1 621 Stoneridge Drive
12 BIk B Lot 12 R-3718-00B-0120-1 Dwight Johnson Wylie,Texas 75098
Stoneridge Farms 2 651 Rockspring Drive
13 Bik A Lot 27 R-4003-00A-0270-1 Rebecca Page Wylie,Texas 75098
Stoneridge Farms 2 641 Rockspring Drive
0 14 Blk A Lot 28 R-4003-00A-0280-1 Gene Chadwick Wylie,Texas 75098
Stoneridge Farms 2 631 Rockspring Drive
15 BIk A Lot 29 R-4003-00A-0290-1 Regina Schirmer Wylie,Texas 75098
Stoneridge Farms 2 621 Rockspring Drive
16 BIk A Lot 30 R-4003-00A-0300-1 Francis Zucconi Wylie,Texas 75098
17
18
19
20
a= cot2
X( =AG ,11ST
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
#2005-14.
I am AGAINST the requested variance as explained on the attached public notice for ZBA
Case#2005-14.
Date,Location&Time of
Zoning Board of Adjustment meeting: Monday,June 27, 2005, 7:00 pm
Municipal Complex, 2000 Highway 78 North,Wylie,Texas
Name: Aerie.. P. 4 Me/liSa (�1dw I6K
(pleasee print)
Address: i^► / RO '*5p /114 Orive_,
IAA( I ►-,.TX 75g
Signature: 24-1' r", IT A., Tda ( cc ; k.
Date: 9y...41.1_. I C1 (-)C...)5.-
COMMENTS:
PUBLIC COMMENT FORM
(Please type or use black ink)
Planning Department
2000 Highway 78 North
Wylie,Texas 7509
I am FOR the requested variance as explained on the attached public notice for ZBA Case
#2005-14.
•
I am AGAINST the requested variance as explained on the attached public notice for ZBA
Case#2005-14.
Date,Location&Time of
Zoning Board of Adjustment meeting: Monday,June 27,2005,7:00 pm
Municipal Complex,2000 Highway 78 North, Wylie,Texas
Name: \ ykt—
(please print)
Address: qa 0 OLrL
ns
Signature: ).-1-0),)c711A--
Date: 1...0 —
COMMENTS: