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08-25-2003 (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, August 25, 2003 7:00 p.m. CALL TO ORDER CONSENT AGENDA 1. Consider and act upon approval of the Minutes of the July 28, 2003 Meeting. ACTION AGENDA 1. Elect and seat Chairperson and Vice-Chairperson. SWEARING-IN OF SPEAKERS PUBLIC HEARINGS 1. Hold a public hearing to consider and act upon a request by Sarah Lynch for a variance to Section 6.A.3.b. of the Sign Regulations in order to decrease the required distance between monument signs and property lines from forty (40) feet to twelve (12) feet, this property being located at 900C West Kirby Street and being Lot 1 of Block I of the Wallace Industrial Park Addition. (ZBOA Case No. 2003-09) 2. Hold a public hearing to consider and act upon a request by Tom Allred for a variance to Section 4.4.E.1.a.(1) of the Zoning Ordinance in order to decrease the required landscape area from twenty (20) percent of the lot to nineteen (19) percent, this property being located north of F.M. 544 and east of Springwell Parkway and being a part of Tract 23 of the M. Sparks Survey, Abstract No. 849. (ZBOA Case No. 2003-10) .._%10•C Posted Friday, A gus 22, 2003 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 CFIY SECRETARY'S OFFICE AT 442-8100 OR TDD AT 442-8170. Zoning Board of Adjustments , a 1 City of Wyli • August 25, 2003 t } t� Regular Meeting AGENDA Zoning Board of Adjustment City Council Chambers - Wylie Municipal Complex 2000 Highway 78 North Wylie, Texas 75098 Monday, August 25, 2003 7:00 p.m. CALL TO ORDER CONSENT AGENDA 1. Consider and act upon approval of the Minutes of the July 28, 2003 Meeting. ACTION AGENDA 1. Elect and seat Chairperson and Vice-Chairperson. SWEARING-IN OF SPEAKERS PUBLIC HEARINGS 1. Hold a public hearing to consider and act upon a request by Sarah Lynch for a variance to Section 6.A.3.b. of the Sign Regulations in order to decrease the required distance between monument signs and property lines from forty (40) feet to twelve (12) feet, this property being located at 900C West Kirby Street and being Lot 1 of Block I of the Wallace Industrial Park Addition. (ZBOA Case No. 2003-09) 2. Hold a public hearing to consider and act upon a request by Tom Allred for a variance to Section 4.4.E.1.a.(1) of the Zoning Ordinance in order to decrease the required landscape area from twenty (20) percent of the lot to nineteen (19) percent, this property being located north of F.M. 544 and east of Springwell Parkway and being a part of Tract 23 of the M. Sparks Survey, Abstract No. 849. (ZBOA Case No. 2003-10) .._%10•C Posted Friday, A gus 22, 2003 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 CFIY 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 July 28, 2003 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 Mary Bradley Weldon Bullock Terry C p hart Marilyn Herrera Linda Jourdan Layne LeBaron Board Members Absent: Randle Henry Wayne Morman CALL TO ORDER Acting Chairman LeBaron called the meeting to order at 7:1 5 p.m. CITIZEN PARTICIPATION TICIPATI I No one was present to speak. CONSENT AGENDA 1. Consider and act upon approval of the Minutes of the June 23, 2003, Meeting. A motion was made by Ms. Herrera, and seconded by Mr. Alexander, to approve the minutes as submitted. Motion carried — O. ZBOA Commission Meeting July 28, 2003 Page 2 of PUBLIC HEARINGS GS 1. Hold a public hearing to consider and act upon a request by Kirk Maxwell f Paul Taylor Homes for a variance to Section 3.3 of the Zoning Ordinance in order to decrease the required front yard from twenty-five 2 feet to twenty (20) feet, this property being located at 1700 Tamarack Drive and being Lot 32 of Block I of the Country Ridge Phase I Addition. (ZBOA Case No. 2003- 06) Capehart stated that the subject property is located on a cul-de-sac and in the Country Ridge Addition. The zoning was approved in 2001 as a Planned Development District. The PD provides that the development shall comply with the regulations of the Single-Family 8. 1 District of the Zoning ordinance, and with limited exceptions. The required front yard setback is twenty-five feet and all residences are to have front porches. The building plans included the front porch however, when the construction of the house began no front porch was included. In order to add the straight-front porch on this curved-front lot, construction will encroach into the front yard a distance of just over two (2) feet. The applicant is requesting a variance of five feet of twenty-five 2 percent in order to make the residence legal as constructed. The residence as located will appear visually in line with neighboring houses, in part due to the cul-de-sac lot being larger than that normally required by City code. In its constructed location, the porch is twelve (12) feet on from the north side property line and twenty-six 2 feet from the other side yard, compared to the eight and one-half (8.5) feet side yards required by the Conditions of the Planned Development District. Kirk Maxwell, Paul Taylor Homes 17950 Preston Road, Dallas, Texas, represented builder for the subject subdivision, stated that the architect made the mistake by not drawing the dimensions for the porch. The realization of not having the porch was discovered upon framing of the house. Denise Crocco, 3801 Clearwater Court, Plano, Texas, represented the potential buyer of the home, stated that the house elevations is the only one located on 1 the cul-de-sac, and is the layout the family desires to have. ZBOA Commission Meeting July 28, 2003 Page 3 of Ms. Herrera questioned the builder if there was another lot on a cul-de-sac in the subdivision. Maxwell stated that there are no more cul-de-sac lots that the subject house with the same elevations would fit. There are lots within the subdivision that the elevations for the house would fit, but the request from the potential buyer was for the lot to be located on a cul-de-sac due to the large back yard. A motion was made by Mr. Alexander, and seconded by Ms. Jourdan, to GRANT the Variance. Motion carried 5 — O. 2. Hold a public hearing to consider and act upon a request by Dr. John Ross Stooksberry, DDS for a variance to Section 5.A of the Sign Regulations in order to increase the size of attached signage on the front of the building from the allowed maximum of twenty and seventy-five hundredths (20.75) square feet to forty-one 1 square feet, this property being located at 112 F.M. 544 and being part of Lot 1, Block A of the Greenway Addition. (ZBOA Case No. 2003-07) Capehart stated that the applicant leases an office space within the new Westgate Crossing Shopping Center at Farm Market 544 and Westgate Way. The business signs within the shopping center are attached to the glass waits and doors as well as the masonry wall above the glass. The applicant contends that a larger sign is necessary in order to be sufficiently visible from surrounding streets. Dale Jackson, Building Official, discussed with the Board Members the current Sign Regulations, which was adopted last April 2002 and is in the process of being revised and adopted by City Council. The requested sign is 97.6 percent larger than currently allowed by the Sign Regulations and 48.2 percent larger than the proposed revisions to the Sign Regulations. The subject lease space is twenty-seven feet eight inches 271rrwide, allowing a total area of twenty and seventy-five hundredths (20.75) square feet of attached signage. The applicant proposes an attached sign which is approximately forty-one square feet. John Ross Stooksberry, DOS, 1125 East FM 4 , Suite Too, Wylie, Texas, stated that the purpose for the larger sign is due to the length of last name and the logo design. Angela Wells, represented the designer Fast Signs, stated that the sign will be illuminated and purpose of the larger sign is to allow neon lights. The fonts for the letters are small and the sign would require being larger due to the length of the name. g ZBOA Commission Meeting July 28, 2003 Page 4 of 4 A motion was made by Ms. Herrera, and seconded by Mr. Alexander, to GRANT the Variance with the stipulations that the variance carried with the applicant at the subject location only. Motion carried 4 — 1, with Mr. Bullock opposing. ADJOURNMENT iENT A motion was made by Mr. Alexander, and seconded by M . Herrera, to adjourn the meeting at 8:00 p.m. Motion passed 5 — O. Layne LeBaron, Acting Chairman Mary Bradley, Secretary reivor' • 1 . 1 -----.-7---.1-- • -- i - i . . , : . , . : ___ „lityrdyilylie Public Hearing Item No. 1 ZBOA No, 2003-09 Zoning Board of Adjustment Public Hearing: August 25, 2003 Owner/Applicant: Sarah Lynch Location: 900C West Kirby Street, being part of Lot I, Block 1 of the Wallace Industrial Park Addition Request: Variances of Section 6.A.3.b of the Sign Regulations to allow an Monument Sign to be twelve (12) feet from a side property line rather than the required forty (40) feet Background: The applicant operates an existing automotive repair business at 900 West Kirby Street (FM 544). The subject property has been platted and developed since 1985. The subject Lot 1 has approximately 137 feet of frontage along Kirby, but this area is occupied by a common access drive and parking as well as a building occupied by another business, leaving only approximately twenty-five 2 feet width for the sign of the subject business. The recent construction of improvements ver ents to Kirby AA. 544) required relocation of the existing sign on the lot, and the applicant is proposing to install a new sign replacing the existing sign. The existing sign is a pole sign, allowed when the property was originally developed. However, the current Sign Regulations require that all detached signs be monuments with no separation between the base of the sign and the ground. Section 6.A.3 of the Regulations requires that such signs be located not less than fifteen 1 feet from street rights-of-way and not less than forty feet from other property lines. The applicant contends that, as platted, the lot does not provide sufficient space to comply with the 40 feet setback on the lots west side, and is requesting a variance to construct the sign generally as located previously. ZBOA 2003-09 The proposed monument sign will comply with all requirements of the Sign Regulations except for the required side-yard setback. The applicant proposes to locate the sign fifteen 1 feet from the side property line, a variance of twenty-five 2 feet or sixty- two and one-half (62.5) percent. The proposed location is approximately where the previous sign was located and is similar to the location of the existing sign on Lot abutting to the west which is allowed under the previous code requirements. The Building Official has proposed revisions to the Sign Regulations which are currently under consideration by the City Council. If adopted, these rules will change the required side yard setback for monument signs from the currently required forty (40) feet to the fifteen 1 feet (the same as currently required for front yard setbacks). The requested location of the subject sign would still be three (3) feet closer to the side yard than the than allowed ed r a variant of twenty 2 percent. Section 3 of the Sign Regulations provides that appeals of the provisions of the Sign Regulations shall be heard by the Zoning Board of Adjustment. Unlike other considerations by the Board, a simple majority of the Board in favor of the variance is required to approve any variance, and no proof of hardship is required to grant a variance. However, like all other considerations of the Zoning Board of Adjustment, Board, the decision of the Board of Adjustment shall be final with appeals being directed to the District Court. In considering a variance request, the Board shall consider the following criteria: • the variance maintains the spirit and purpose of the Sign Ordinance; • the effects of the variance on the protection of public safety and welfare and of neighborhood property values; • the type of sign; • the degree of variance; • the reason for the requested variance; • the location of the sign and existence of other signs in the general area; • the duration of the requested variance; and • such other factors as they deem pertinent to the specific request. Considerations: I. Public Comment Forms were mailed as required by State Law to owners of eleven (11) properties within 200 feet of this request. Three Comment Forms have been returned at the time of this posting, all favoring the requested variance. 2. The requested sign is . % closer to the side property line than allowed by the current Sign Regulations, and 20% closer than the proposed revisions to the Regulations. ZBOA2003-09 3. Although the existing sign does not conform to the current Sign Regulations, it could have remained and retained its Legally Nonconforming status until the owner requested a change, at which time the sign would have been required to comply with current Regulations. The relocation and proposed replacement of the sign has been caused at least in part by public activity related to the widening of F.M. 544 beyond the control of the sign owner. However, the owner is proposing to replace the old sign with a new sign, which terminates its Legally Nonconforming status. 4. As proposed, the location and construction of the sign complies with all other provisions of the Sign Regulations, with the exception of the required setback from the west side yard. The proposed sign design and location generally conform to existing neighboring signs. . The existing lot platting and building construction would limit visibility of the sign if located in a manner complying with the Sign Regulations (toward the center of the Lot, closer to the building). A sign located closer to the subject building would comply with the current setback requirements, but could not be seen from Kirby Street. The existing access drive is not only permanently located by platting, but is also established by the curb-cut entry provided by the recent improvements to F.M. 544 (as are other entries along 544, limiting their relocation). , The Board may make a decision to approve the variance as requested, to disapprove any variance or approve an alternate variance. No hardship need be demonstrated and only a simple majority of the Board is required for action. 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MONUMENT SIGN REGULATIONS ./ a All Monument Signs shall be compatible with the colors and materials of the building that is located on the same lot as the sign. Sculpted aluminum sign panels will be allowed; however, plastic panel signs are not allowed to be utilized on Monument Signs. Additional monument sign regulations are as follows: A. Properties with Multiple Tenants Shopping centers and office buildings with multiple tenants are permitted to erect Monument Signs that comply with the following regulations: 1. Maximum size -150 square feet . Maximum height- 10 feet measured from grade. 3. Setbacks a. 15 feet from street right-of-way. b. j feet from property lines other than thoseroerty lines fronting the + .--' {13;Teted:40 street right-of-way. right-of way. c. 250 feet from any other Monument Sign on the same property, measured along the right-of-way. 4. Changeable Message Signs. Monument Signs may include a maximum area of thirty-two 2 square feet that incorporates changeable messages or lettering, as defined, in the sign face. Such messages shall not blink, flash,scroll or change more than once per hour with the exception of signs that only display the time and temperature. B. Properties with Single Tenants Businesses located on individually platted land including individual pad sites within a shopping center,__ partmerlt schools, model homes and other__non- resiidential uses located on residentiallyzoned propel are permitted to erect Monument Signs that comply with the following regulations: 1. Maximum size-90 square feet 2. Maximum height-- 10 feet setbacks Fe,T:te12:61\t a. 15 feet from street right-of-way. Ccrik5:;•wx b. 1 feet from property lines other than those property lines fronting the street right-of-way. exkiV c. 250 feet from any other monument sign on the same property, ei\Zpi measured along the right-of-way. . Changeable Message Signs. Signs may include a maximum area of thirty- two square feet that incorporates changeable messages or lettering, as defined, in the sign face. Such messages shall not blink,flash,scroll or CITY OF IIwYLIE SIGN REGULATIONS Page 23 NOTIFICATION REPORT APPLICANT: Sarah Lynch APPLICATION FILE B 2003-09 900C West l rl y Wylie, Texas 75098 BLK AB T LOT/TRACT TAX I.D. # : PROPERTY OWNER NAME ADDRESS C) Applicant - 900C West fray 1 Sarah Lynch Wylie, Texas 75098 _ Wallace Incl. Park 9308Indian Knoll Drive Blk 1 Lot 1 R-1897-001-001 -1 Dallas Whirlpools Ltd. McKinney, Texas 7 070- 912 Wallace Ind. Park PO Box 1090 0 3 BR 1 Lot 2 -139 -0 1- 2 -1 -. . . . . Wylie, Texas 75098 Wallace Ind, Park 9308 Indian Knoll Drive 4 -- BR 1 Lot 3 R-139 -001-0030-1 Dallas Whirlpools Ltd. Mol inney, Texas 75070-4912 639 Treasure Road Abst. 2 Tract I - 2 - 00- 00-1 Hobart Indstrlal Inc. garland# Texas 01-29 1 0 Park view� Drive • Abst, 2 .. r k-1 Jerry B o nfn• Garland, Texas 1 7 II 0 W. Lookout Drive, Apt. 228 Abst. Tract 3 - 2 -0 0-0030 1 Chemical Recycling, Inc Richardson, Texas 75080-2158 Dallas Whirlpools Ltd. 1 WelchDrive C) 8 Abst. 266 Tract 2 R- 2 - -0 2 -1 Attention: De rey Wallace Farmer vllle, Texas 75442-3415 28 Fairmount Street, Suite 100 Abst. Tract - 2 -000-00 0-1 green pray - 3 LP Dallas, Texas 2 1- 62 900 Hensley Lane -- CoIlin County A st. 2 167 Tract �4 R- 2 0 0-0 20-1 Hardcast, Inc. Wylie, Texas 75098 900 Hensley Lane Abst. 2 Tract 43 2 '- -0 3 -1 Hardcast, Inc, Wylie, Texas 3 - -- 210 S. McDonald Street FM McKinney, Texas 75069 1001 =. 1%) LO- i210 4 vez I . to.m 'F-1 1 r---** . . .,..„--- ___... . ...._____I 17 ...d, 16771 . , '..hl id/ 1 7./h 1.-L : . .‘si . VII) i9113Y9V---- X 'ht19 \AiA, j,d.. . ,.._,-- 0 1 • • F t L# bi r . ram _;�. ' 1 '4 llA !.-1,:)/,.--4-ic,./ 4:-,.7z.,V.:67:1',,,,.T. ' kJ' 0 ...-xv Z : -,;= r;, .. `-, ,. - ,�. err`;., ,:,,,,i.ki,!,.c,-,S?kattiripPici1;54:re,t-'14r,-;Te.i:A,,..,..t,-. 47:',.. 'T ::-,:y4'.' I . . 'f,O.Nt'fpt-4,- ik,.- g4 ',F;' • I 'it.1 :te-t:'-"` '',E,Z2,'... 0".41091,*- - i.,, -21;1,1.4‘ kr .;-. V,- 4',,-3 14.:'11.11%_.4,1 Ittr,' .. ,,,Ct-Ar•k.,‘..-c, ._-%.1,. .4,...,4,Ai?,,..--.1„t-, .1,, _ , .y+-. K +spy, }� . A . r4kk ar # Ji....), ,3,:..V-4;,‘; VW,.- T:-):-Fit.fl-411A, '. ° ./jr° ...___, ..,;', ,,,. '.-,F&L,,,,*„P„..,,, ,...4-ii.-.4.,: .."-Vrip... ,m-C__,-A,, 4 i --trii.. .:,- '. Y 5 Ab.,74-;'.'frt's-041,.. .k:V4-4-,g0iti3t-# �+ ." , }.{ „.,. a Sir iii.,,' ,30 ++1L Sri .F .. i e °VI 147' . ram , .,i - lill\r\lV\ : i ji I .- ..f:7›.71/ . . c Z 0-h a fig°1\ iTh 52 . + . (1).ki '' s a PUBLIC COMMENT FORM (Please type or use black ink) Planning Department 2000 Highway 78 North Wylie,Texas 75098 V I am FOR the requested variance as explained on the attached public notice for.SBA Case #2003-09. I am AGAINST the requested variance as explained on the attached public notice for ZBA Case# 003-09. Date, Location&Time of Zoning Board of Adjustment meeting: Monday, August 25, 2003,7:00 — Municipal Complex, 2000 Highway 78 North, Wylie,Texas Name: - .�- . .. /64—(te, (please print) Address: 0 (.4J Kit iZ 76--o9g /7 Signature: Date: --- :S COMMENTS: PUBLIC COMMENT FORM (Please type or use black ink) Planning Department 2000 Highway 78 North Wylie,Texas 75098 v/F I am FOR the requested variance as explained on the attached public notice for ZBA Case #2003-09. I am AGAINST the requested variance as explained on the attached public notice for ZBA Case# 00 -0 . Date, Location&Time of _ Zoning Board of Adjustment meeting: Monday, August 25, 2003, 7:00 pm Municipal Complex, 2000 Highway 78 North, Wylie,Texas i Tame: 4' "' - (please print) Address: - 96-.61 ' c Li X ' 00 &CI 4_,/,-6,--r_.,-1---. Signature: Date: -7.-45-'0 3 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 #2003-09. I am AGAINST the requested variance as explained on the attached public notice for ZBA Case#2003-09. Date, Location&Time of Zoning Board of Adjustment meeting: Monday, August 25, 2003, 7:00 pm Municipal Complex, 2000 Highway hwa 78 North, Wylie,Texas Name: — -=LIE ED1 T I ' (PleasViitAltD S.PILKIN T ,M.D. ,J rt .•, l',ALAII,M.D. Address: 900 A W.Kirby (Tel)97244 -35 (Fax) 972442-6555 rt Signature: Date: `I f • 03 COMMENTS: I_ ' 1 k?toil• i _ ______ ___ ____ 1 . , __= ___City_g_Wylie Public Hearing Item No. ZBOA No. 2003-10 Zoning Board of Adjustment Public Hearing: August 25, 2003 Applicant: Tom Allred Location: North of F.M. 544 and East of Spring Drell Parkway, Tract 32 of the M. Sparks Survey, Abstract No. 849 Request: Variance of Section 4.4.E.1.a.(1) of the Zoning Ordinance to reduce the landscaping from the required 20 percent to 19 percent Background: The subject property is undeveloped and has never been officially platted, although an unapproved plat (McCord's Little Six) has been recorded with the Deed Records of Collin County. Therefore, any development of the property must comply with all requirements of the current Zoning Ordinance. The tract is zoned for Corridor Commercial uses. The subject property is 0.5884 acre (25,629.48 square feet) in size. it measures approximately 226 feet wide along F.M. 544 and averages 110 feet deep (125 feet along the west property line and 102 feet on the east line). The property abuts the railroad corridor to the rear/north. An open drainage ditch, which cannot be developed, occupies the eastern 20 feet of the property as well as part of the neighboring tract. Abutting properties are developed, and the subject tract cannot be expanded. The applicant has attempted to design a multi-tenant building (for office/warehouse uses) on the subject property. The Zoning Ordinance requires approval of a site plan in association with plat approval, and the applicant has been unable to achieve a design which accommodates the desired size of building as well as required parking and landscaping. ZBOA 003-10 Section 4.4.E of the Zoning Ordinance, requires that at least twenty (20) percent of the site shall be landscaped within the Corridor Commercial District, as well as in Neighborhood Services and Community unity Retail Districts. The subject site of 25,629 square feet will require 5,126 square feet of landscaping. The applicant is proposing to construct a building of 6,600 square feet, requiring 12 parking spaces. The proposed plan provides 4,915 square feet of landscaping including the drainage ditch (2,100 sq. ft.), which is 211 sq. ft. or 0.4 percent less than required. The applicant is requesting variance from the required 20% to 19% in order to allow this reduction in landscaping. Section 8.3 of the Zoning Ordinance provides that the Zoning Board of Adjustment may permit a variance to the requirements of the Zoning Ordinance if the variance is not contrary to the public interest and, due to special conditions of the site, a literal enforcement of the ordinance would result in unnecessary hardship, and so that the spirit of the Ordinance is observed and substantial justice is done. The Board may impose any reasonable conditions on the issuance of a variance and may amend the variance from that requested. The concurring vote of 75 percent of the members of the Board shall be necessary to reverse any order, requirement, decision or determination of any administrative official, or to decide in favor of the applicant to effect any variance in the Ordinance. This section further states that in order to grant a variance to the Ordinance, the Board shall find that all of the following have been satisfied: 1. That there are unique physical circumstances or conditions of the lot, or other exceptional physical conditions particular to the affected property; 2. That because of these unique and exceptional circumstances, the property cannot be reasonably developed or used in compliance with the provisions of the Zoning Ordinance; 3. That due to such unique and exceptional circumstances, the strict application of the Ordinance would create a demonstrated hardship (convenience, profit or caprice shall not constitute undue hardship); 4. That the demonstrated hardship is not self-imposed; 5. That the variance, if granted, will not adversely affect the proposed development or use of adjacent property or neighborhood; 6. That the variance, if granted, will not change the character of the zoning district in which the property is located; 7. That the variance, if granted, is in keeping with the intent of the Ordinance; and 8. That the variance, if granted, will not adversely affect the health, safety or welfare of the citizens of Wylie. ter. ZBOA 2 -4 Considerations: 1. Public Comment Forms were mailed as required by State Law to owners of fourteen (14) properties within 200 feet of this request, as required by State Law. One (1) response, favoring the requested variance, had been submitted at the time of this posting. 2. The subject property must be platted prior to development, and a site plan documenting compliance with all code requirements must be approved as part of the platting process. Rather than the required 20 percent of the site devoted to landscaping, the applicant is proposing to provide landscaping equal to 19 percent, including counting the drainage ditch as landscaping. Such will require a variance of 211 square feet or o.4 percent of the requirement. 3. Prior to February of 2002, the landscape requirement for nonresidential development was 5 percent of the site, and adjacent properties were developed in apparent compliance with this lesser requirement than the current code. If developed in compliance with this previous regulation, the subject site would require 1,282 square feet of landscaping. The applicant proposes to provide 4,915 square feet. The proposed variance to allow 19 percent landscaping is nearly four times the earlier requirement. 4. Properties abutting the subject tract have already been developed, and the small size and shallow depth of this remnant parcel is likely a major reason for its slower development. However, it has not yet been fully demonstrated that some size of building with required parking and landscaping cannot be developed on the property in an economically viable manner. The applicant contends that reduction in the size of the building is not a feasible option due to the high cost of the land and development, although economic hardship alone cannot justify variance. 5. The proportion of landscaping is the only development requirement related directly to the size of the site, and therefore the most applicable for a variance. The required number of parking spaces is tied to the size and use of the building and could be subject to variance, but the size of parking spaces and access drives are controlled by the Thoroughfare Standards rather than by Zoning and are not subject to variance by the Board of Adjustment 6. Several natural characteristics of the subject lot dictate or constrain its development. The site is approximately one-third the depth of commercial developments just to the west of Springwell Parkway and it cannot be enlarged or reconfigured. Access to the site is limited to the single curb-cut provided by the recent improvements to F.M. 544. The open drainage channel occupies nearly 10 percent of the lot, although this area has been allowed to count toward landscape requirements. ZBOA 2003-10 7. In its undeveloped state, the property provides limited tax revenue to the City f Wylie. Some degree of nonresidential development provides potential for both increased property taxes and sales taxes. However, c nomics alone is neither hardship nor benefit. Aftachments: Location Map Site Plan and Code Compliance Tabulation Site Photographs Zoning Ordinance Landscaping Requirement Notification List and Map with Response - I t [ i . m f r MI 1111 1. .... I iiiii aim a , 1 i 4 o' „„,„„...... MEIER 1 I , i Subject i �} , 1 , 1, Property 1 L..1 i , i . 1 , I , , 1 m I i i ,i.4 4 r i --4.........e,1 I I i j- + 1 S i j 1 1 it. i I 1 \4./ AMIE gi.' ., _ i__. _7i. 1 MEM NI -- 1 t_ _ __-----Lakeffeici..&Iva---—--..t..7:_...::._-r-------i _,,,iyitilii ic........; ii".. ' .--T..........Zer* , '_____ ____-__ . ...-. i ii_ --FT.--1 1---i___, I MEM Iiii / './ 4C-11—MiHde—Drtie • _ mi t, ,, r Eli till. I 'OIL lig ��' Iii! r I= 5_, , I .1$--.1- . r . * ii fFA . 1 MIEEMPi. 1_,L__ imma 1 _ 11.[. s:\\ -1.. = •�.. •• I EMI FAT +�--r. +• �Ri� i Et:-. 1 . 1 ,�- ,.,a I ltbrgi Woe am mill th"" ' '.1 .. ..,_ ._, 7-------------------____ .._.._.._,__........_.._•......•._..._ ____,....••_,.......,_.. .•.,.•, ., .• ,. ,. ..... 1 i 1 I i 1 il;,,..: ,,...,, , ,....„,,ik . _.._........,.___.............................._. m ____ 41-__ _ ---- , , 1§. 1 I ..i . i 2-, i . - I 1 1 ! I {• 1__••....... ecuri Do r.----\\\ o o ----'-(#tj:4— i i 1 ! c i.i,.. Rood D cu a C tee c I :uj i + • I 1 r I 1 1 . I 1-1—,* 'a'zi Off} 9 +H - - ----- �------ , _ ic,,, -;...d ,.‘9/x•V I II ® , - -- -.". -N/7'•9a7k? gz, I EN iit'd..Tr.L-4-1..e • Fii:,..7. . ...Ii!."-i-:.. - .\ r1i i,t '/:as( " r A -Ii_I c, ., /.11-, 1: 4. r. { _ O r � _ 4+s oy - ,yam I t- / r 2;5 a 0,91c? r + } # iL i_c.r ' ; Z---- IY- 4+-r_r-• /'f�f ram{n 2�4 r � F, .---.-._.___.________._÷________. i /r..S'11-7X 4 C 1 ,_•,,,,,,a •?'N r...5/14.s,9 r \., .‘ 'r- q' 1'1V7d g 11 } SCALD; }f' - dot fSITE PLAN : DA— :� ref r{ CC COlvfkloiciAL-. CactQvJiv.. l OP a ,C," + - ACC COVEgArvs PARKING f L11 1.;',!'; 1� Us. o,= c CoMP:-/M.9Nrilizr ,+ ; 4 Y % o=•FicE 11504350 = , A E 1 4~ g1. :. a. P L 1C4 10N OF bA66 97-,41%inig176i0 P. R, is G RMtoEP } c0 c � Norrrf +,C � .+ f r, ' 70 . , . f ' �' 3. L1 i-{,- -r:.,' -'•:. 0E *„�;,l1/4''G 4.p! -- 1 1 L 4.} A P A"N+G to LA+lL ci, E. AREA ,, , o 1 :P cf 1 {^ • ap:r e.Aa' 5.5 .�-� or : ,+ � TF E5 10 PO1KITS 2. No J'A NIG I r,+ 0" - Zf{:. f,f r' 3. coma/IJ CC 5 ? AJ 5 r A r 4. 6.5"RvdC5,A,cE,A, .m,Sava s 1 l J , r 5 0 GO r if P rrIJI Y+i.Y ZEwl f.f D j + f: "r Y 1 '1F4 0110 f GE7AP,rg.#L. E P y 4, CONr "'W i 7-0 FcwiDgp .55 Q. QUiRSP SITE FLAN' A W PRoP5g-TraisADAD/T/oN i+7" OF !..t, L.:.I, ` w J. f;" r .`# - t # ate • a ., /Y - -3. . ..Y.• . ZBOA Case No. 2003-10 A&W Properties - Landscape Variance f . ti I [b1.. L...'? �� , ..�{ l ,•'�...55.*fir-*' .- d/� . I ' *i;1.,,.r• .L.' ..'1#+ -Y ,� x ' 4.'t-r� , :## .L `.+ . F ,! '%.,-i - . 1' -I_ili,.� F, �i_ ,!..y.- y T J•y7 • * } • L _ i+ ` ,1. :IL,64-•'.-,-..'...'..,7.t-1L.:(•••4••:"-t.a .1.,.:,r i...,.':..,'.,,:.t.'.i0,v.0 t1:.:.I.P, .f ti''• f• �`' i"� �'_.+Z4x�+/ .yam 4-•+��. - ' fit t � - ;yl** i � '#.lf�- ,' ti.fT. �-,' ��•, . L .; * 4-�y*- +++ ,,', r ,; { *1 -. - ..w _ ;74 t -. L •- N � r�i.i� r ram. .i L 7 '' F _ ,.*ti 7i/ 5 5 i. .a't'+ F r, + 1, 'Sir - " ,fix -}t -a_ { y y ,3}.F v -ay ..fir- _B. }}�� _f i., ,'�-` y. =y . r._. _:__ -_..-' - —=r r , - Viewof Subject Property showing existing drainage ditch on eastern edge of lot. leZoning ordinance (c) Flowering trees or large trees from the approved plant list or seulp ral artwork or a combination ofthe two. (d) Direct connection between buildings and street. Figure 4-1 -Landscape Treatment of. trances F.. JP,n• / il 'III% 1 ' " I ei old', 'brio --I. al- , 4..1 IOW = .-- .....-.. .... ..-. ..... ....- . ,''''. ' WOW E 1 # Ji1# iit- ill . = . 4, ' IN PI II PH 1 1 -' ' , . .. , . ,-.40-0---p . . „,,,, ,..r. 4 . 0....... id, ,. .. 7 .: e' ' i n - II i J . it 4 n't c t' AM I :51 r,._ 4.1.1ili 4. Location of Service Areas at Loading a. Base Standard l Service areas and oading areas shall be located here they are not visible from public street or from aelacent residential lots. (2) Service or loa ion areas which cannot fully meet the :hove requirement shall have a masonry scr .ruing wall with gates which prevent visibi Fty from a public street or adjacent residential ot. Masonry materials must match or comple •ent the masonry materials of the building. b. Desirable iesign Attributes (I) erv- e and loading areas which are not visible from a public street or adjacent residential lot *Lit which provide screening using a masonry screening wall with gates to screen the area from on-site areas, shall earn 10 points. E. Landscaping Landscaping points are awarded to projects in accordance with the following criteria: 1. Landscaping in Required Yards a. Base Standard I At least 20 percent of the site shall be landscaped in NS, CR, and CC Districts, and at least 10 * percent of the site in BC and I Districts shall be landscaped. If a single building of 100,000 square feet or more is to be constructed on a single lot in CR or CC Districts then only 10% of the site will be required to be landscaped. Landscaping is required in the front yard. Landscaping is required in the side and rear yards when adjacent to or across the street from a residential use, Page 64 ARTICLE 4---NONRESIDENTIAL DISTRICT REGULATIONS February 27, 2002 NOTIFICATION REPORT APPLICANT: Tom Allred APPLICATION FILE ZBA 2 03-10 6116 NC. Expwy #200 Dallas, Texas 7 206 # LK A ST LOT/TRACT TAX I.D. # PROPERTY OWNER NAME ADDRESS Applicant 6116 N.C. Expwy #200 1 Tom Allred Dallas, Texas 75206 Lakeside Est. 2 309 Trenton 2 Blk L Lot 12 R-4 31-00L- 12 -1 Craig Sommerfeldt Wylie, Texas 75098 Lakeside Est. 2 312 Trenton 3 Blk M Lot 19 R-4 31-OOM-0190.1 James Wri•ht Wylie, Texas •: Lakeside Est. 2 Gehan Homes, Ltd. 1101 N. Union Bower Rd. #16 Lot39 R-4 31# 1 89 -1 HOA Irving, Texas 7 6i- 82 Lakeside Est. 3 - ---- - .�-,�._.�.�..._... _.._.__...... ...._w 313 Lakefront Drive Lot 20 R-4861-0011 - 200-1 Julia McHar ue Wylie, Texas 7 098 Lakeside Est. 3 Gehan Homes, Ltd. 1101 N. Union Bower Rd. #16 se Blk H Lot 1 A R-4861- O - 1 A-1 clo HOA Irving, Texas 75061-5825 715 Sherwood Drive Abst. 849 Tract 32 R-6849-000-0320-1 Dou las Williams Richardson, Texas 7 8 -6018 3341 Avenue P Tract 33 R-6849-000-0330-1 Juan Apariia Piano, Texas 75074-2612 PO Box 803209 • Abst. ; • ■ Tract 23 R-6849-000-0230-1 Peter Park Dallas, Texas 75380-3209 PO Box 1042 10 Abst. • • Tract 41 Elliallig Ida Pearl Scholz Wylie, Texas 75098 8421 PR 5201 Abst. 835 Tract 7 R-6835-000-0070-1 Patsy Sue Lewis Princeton, Texas 75407-4843 105 Tanglewood Court 0 11 Abst. 835 Tract 10 R- 83 -000-010 -1 Mary Davis Wylie, Texas 7 098 2722 W. FM 544 12 Abst. 835 Tract 46 R-683 - - 460-1 Michael Byboth Wylie, Texas 75098 Bill Lovil, P.E. PO Box 90 44 Texas Dept. of Transportation ellnney, Texas 75069 PO Box 66016 14 DART DART Railway Dallas, Texas 75266 15 17 '‘... I 0 y j 1 ! i.,... ,t0Z, 5.17_7-_ 1_: 1 Leti0- ‘1d 6I - 3 ri 8 0, -, i , r, ,____ _____ _ _ • ,.. ,, , 1 ____ -, .:...„-_, _. , ,,,, eii., 1 • . . L______________ 1 1 9 • Grassy cr Drive ..,, ,,.....0 ,,_, 4110. ke 39 kewc 0 I 0 ‘• 1 A. -------L_____ ______ PAe7-- ,. .. _ . . . _ . ..._____ „.,,..,,„.. ,... . r + Rn •-r 1 .�-,� � e � � . pirt...• �i a , i t t. d!;Y" r ".**" .,a,-.-51-kkv..,vprtml.firri-it. -',3'...:PIFif14,,-'t —-- ----•• 7-Vft•--..-*?-,1_10,......-:• —vg, .4,-,..i.•,_,...,.., , Tr. -5i ‘,... .--*+''''''. I,- .-4liv,--Til . • -.-, . ..--a'.-.. .,., • • ..... i.,,,t .,_,44-1,,,,,, -,.,,Liww- .41/4_ -,-i —y,.0 , �l �� + �5 .4i...,,q,,41.,,,,,,c.n.,,,,,,, --,,..-....4,41tirt-,_,-t.;:0-0,-,..e...„t„K. F_,,w livig ,_. ,,,,17..".w.,.-v, "1..‘,.. ,- .„ 17.64-": -iy.. .c:,,,,„: •-• ,,,,c.v..40,,,- ,,.. •,- .,,,, ....„,,,--. , . • ',.,....lriq .f,i, -7 L,11.7 74r:. "4-. _ .. .1-_Wilt i }} 44 j� �4ir a, y� f y • • • Fi i\A S LLqj --rt DDI-- '17r: I Tr to I Tr LiZip .-. 0 1 1 • Avd-f--- 0 S I \ \ , 0 _ .F OK L . \x f ,. \ \ i4cats,1K5T PUBLIC COMMENT FORM (Please type or use black ink) Planning Department 2000 Highway 78 North Wylie, Texas 7509 r• + I am FOR the requested variance as explained on the attached public notice for BA Case P #2003-10. I am AGAINST the requested variance as explained on the attached public notice for ZBA Case#2003-10. Date, Location&Time of Zoning Board of Adjustment meeting: Monday, August 25,2003, 7:00 pm Municipal Complex, 2000 Highway 78 North, Wylie,Texas le/414/24 61- f--/Leel 71 .71 /11 tr-V inaNIS (tad Plea. r' t * Address: 654 Ak.- 45.- 34 q R ,2b7g6-7Ka 1V\A//(re, 7 676 R 12 9-e Signature: 7,14- b-y,"0 Date: \IF o 7,3-20K COMMENTS: