Loading...
07-28-2003 (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, July 28, 2003 7:00 p.m. CALL TO ORDER WELCOME & ORIENTATION OF NEW MEMBERS CONSENT AGENDA 1. Consider and act upon approval of the Minutes of the June 23, 2003 Meeting. SWEARING-IN OF SPEAKERS PUBLIC HEARINGS 1. Hold a public hearing to consider and act upon a request by Kirk Maxwell of 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 (25) 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 1 Addition. (ZBOA Case No. 2003-06) 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 (41) square feet, this property being located at 1125 F.M. 544 and being part of Lot 1, Block A of the Greenway Addition. (ZBOA Case No. 2003-07) (, 7.1-Q 3 Posted Frida ,July 25, 2003 at 5:00 p.m. (J([/�/�/� 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. i I Zoning Board of Adjustments / ,• ei 'if Wylie July 28, 2003 4i I ' Regular Business AGENDA Zoning Board of Adjustment City Council Chambers - Wylie Municipal Complex 2000 Highway 78 North Wylie, Texas 75098 Monday, July 28, 2003 7:00 p.m. CALL TO ORDER WELCOME & ORIENTATION OF NEW MEMBERS CONSENT AGENDA 1. Consider and act upon approval of the Minutes of the June 23, 2003 Meeting. SWEARING-IN OF SPEAKERS PUBLIC HEARINGS 1. Hold a public hearing to consider and act upon a request by Kirk Maxwell of 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 (25) 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 1 Addition. (ZBOA Case No. 2003-06) 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 (41) square feet, this property being located at 1125 F.M. 544 and being part of Lot 1, Block A of the Greenway Addition. (ZBOA Case No. 2003-07) (, 7.1-Q 3 Posted Frida ,July 25, 2003 at 5:00 p.m. (J([/�/�/� 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 June 23, 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 Gerald Clark Claude Thompson Dennis Gibbons Terry Capehart Marilyn Herrera Dale Jackson Wayne Morman Sam Satterwhite - EDC Board Members Absent: Staff Member Absent:. Eric Alexander ---- Mary ry Bradley Weldon Bullock Layne LeBaron CALL TO ORDER Chairman Clark called the meeting to order at 7:05 p.m. CITIZEN PARTICIPATION f No one was present to speak. CONSENT AGENDA 1. Consider and act upon approval of the Minutes of the April 28, 2003 Meeting. A motion was made by Mr. Gibbons, and seconded by Mr. Morman, to approve the minutes as submitted. Motion carried 4 - O. PUBLIC HEARINGS 1. Hold a public hearing to consider and act upon a request by Pamela Goodwin of Chili's Brinl er International for a variance to Section 5 of the Sign Regulations in order to allow a sign to project from an exterior wall not located within the Downtown Historic District and to project a distance of four 4 feet rather than the allowed maximum of three feet and be ten and eight-tenths (10.8) square feet in size rather than the allowed four (4) square feet, to allow a sign/logo monument to project above the wall a distance of sixty-four 4 inches rather than the allowed maximum zero (0) inches, and to increase the size of attached signage on the front of the building from the allowed maximum of sixty 0 square feet to one-hundred 1 square feet, this property being located at the northeast corner of Westgate Way and Kirby Street F.M. 544) and being part of Tract 25 of the E.C. Davidson Survey. (ZBOA Case No. 2003-04) ZBOA Commission Meeting June 23, 2003 Page 2 of 4 Mr. Thompson stated that the subject property was located at the NE corner of Westgate Way an F.M. 544 across from the Albertson's shopping center. The Brinker Corporation proposes to build a new Chili's Restaurant on the site. The property is currently unplatted; therefore plat and site plan must be approved before issuance of a building permit. Mr. Thompson son then reviewed the sign regulations pertinent to this case and continued to describe the four variances being requested by the applicant as written in the planning report. Mr. Thompson also reviewed alternatives to the requested variances, which could possibly reduce or eliminate the need for variances. Seven Public Comment Forms were mailed to owners within 200 feet of the subject variance request nest as required by State Law. Three comment forms have been returned all favoring the request. Pam Goodwin, Brinker International, 6820 LBJ Freeway, Dallas, Texas 75240, the applicant, made a PowerPoint presentation, and argued that the proposed signage is part of Chili's international corporate identity and marketing strategy. While the chili pepper artwork monument is relatively new, all requested signs are Chili's standard design elements. Chairman Clark asked the applicant if any variances were required to get approval for these signs in any of the area cities. Applicant did not know but offered to find out. Ms. Herrera asked if these are the same size signs as used elsewhere. Bridget Farrell, Brinker international, replied that all of the most recent restaurants constructed used these exact same signs. Sam Satterwhite, Director of the Wylie EDC, 1515 Anchor Drive, Wylie, Texas, spoke in favor of the proposed variances, suggesting that the sign variance could determine whether Chili's locates in Wylie or a neighboring community. He expects this store to do as much as three million dollars in business each year. lll'is. Herrera asked if businesses would still come to Wylie if allowed only smaller signs. Does the size of the sign determine their revenue? Mr. Satterwhite responded it is impossible to know just what would keep a business from locating here or if no incentives or compromises were offered at all would they still come. But the City needs to project a pro-business environment in order to compete successfully with surrounding communities in attracting new businesses, and our sign regulations may not appear positive. Mr. Morman - It is more just a matter of having uniformity in their signs, rather than having to design buildings and signs differently for each municipality. Chairman Clark asked why the pepper was considered a sign. Dale Jackson, Building Official, reviewed the definition of a sign in the Sign Ordinance to explain that the pepper is indeed considered a sign, rather than artwork or building element. ZBOA Commission Meeting June 23, 2003 Page 3 of Mr. Jackson further explained that projection is determined by the surface to which it is attached. Ms. Farrell explained that the pepper could be mounted from the wall behind it instead of the canopy roof and thus not project above the roofline of the structure it is attached to thus eliminating that variance. However, Mr. Jackson specified that the mounted sign cannot project more than twelve inches from the wall. Ms. Herrera asked if any other sign variances have been denied. Mr. Thompson responded that the off premises residential development sign that was initially denied but then later approved on a temporary basis until the Sign Regulations could be revised. Several other sign variances were approved in the past including Extruders, Carlisle, McDonald's, etc., which were all under the old code. This is the first variance request under the newly adopted Sign Regulations. Mr. Morman reported that the City of Murphy's sign regulation does not favor restaurant logos and they had to make exceptions to get them to locate there. He does not think that the Chili's signs in Allen and Rowlett are aesthetically offensive nd supports the Chili's request. Mr. Gibbons stated that if Chili's was just starting and we were the test case he could see denying the request, but this is an internationally recognized business logo allowed everywhere. Mr. Gibbons made a motion to approve all variances as requested, seconded by Mr. Morman. Motion carried 4-0. Mr. Thompson then explained that State Law says that the Board of Adjustment can approve only variances for individual cases and not for a class of signs such as restaurants. If similar requests are made the sign regulations will need to be changed rather than approval of a variance. 2. Hold a public hearing to consider and act upon a request by Lloyd Allberg of Grand Homes for a variance to Section 6.F of the Sign Regulations in order to increase the size of a model home sign from the allowed maximum of six square feet to seventy-one and one-half (71.5) square feet and to increase the height of a model home sign from the maximum four feet to six and one-half (6.5) feet, this property being located at 1713 Tamarack Drive and being Lot 15 of Block J of the Country Ridge Phase A Addition. (ZBOA Case No. 2003-05) Mr. Thompson stated that the subject property is located in the new Country Ridge Subdivision and is the location where the Grand Homes models will be built. Mr. Thompson then reviewed the pertinent Sign Regulations concerning model home signs and the requested variances. Regardless of the approval or denial of the request, model homes signs are only temporary and are removed when the house is sold for residency. ZBOA Commission Meeting June 23, 2003 Page 4 of 4 Dale Jackson, Building Official, stated that amendments to the Sign Regulations would be going to the City Council in July and changes will include increasing the maximum height of model home signs from 4 feet to 5 feet and the maximum m square footage from 8 square feet to 32 square feet. Mr. Morman asked if the size of the sign include the brick, stone, wrought iron and not just the face of the sign. Mr. Jackson responded that, the measurements of model home signs include any monument to which it is attached. { Mr. Lloyd Allberg of Grand Homes, 8315 North Central Expressway, Suite 900, Dallas, Texas 75206, stated that Grand is building much larger homes than any of the neighboring subdivisions and would like to have a sign that is representative of their product. The same sign is being used in Grand's other building locations, such as, Murphy, Piano and Allen. They were not required to get any additional permits for the same sign in the other communities. Mr. Morman made a motion to approve the variance as requested, seconded by Ms. Herrera. Motion carried 4-0. ADJOURNMENT Mr. Gibbons made a motion to adjourn, seconded by Mr. Morman. Motion carried 4-0. Gerald Clark, Chairman Claude Thompson, Director • i �I Public Hearing Item No. 'l ZBOA No. 2003-06 Zoning Board of Adjustment Public Hearing: July 28, 2003 Owner/Applicant: Kirk r1 Maxwell of Paul Taylor Homes Location: 1700 Tamarack Drive, Lot 32 of Block I of the Country Ridge Phase al Addition Request: Variance of Section 3.3.A of the Zoning Ordinance to reduce the front yard from the required 25 feet to 20 feet Background: The Country Ridge Addition is zoned by Planned Development District created in 2001, and the construction of houses is just getting started. The PD provides that the development shall comply with the regulations of the Single-Family 8.5/17 District of the Zoning Ordinance, with a few limited exceptions. Therefore, the required front yard setback is to be a minimum of twenty-five feet and all residences are to have front porches. A buyer selected a house plan with a front porch for the subject lot located on a cul-de- sac. However, building plans were drawn and approved by the City, and the foundation of the house was constructed, with no front porch. 1n 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 or twenty-five 2 percent in order to make the residence legal as constructed. The variance, if granted, will apply to this residence only and can not be transferred to other lots within the subdivision. Z2003-06 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. Considerations: 1. Public Comment Forms were mailed as required by State Law to owners of six (6) properties within 200 feet of this request, as required by State Law. One (1) response (letter from the potential buyer), favoring the requested variance, had been submitted at the time of this posting. 2. The current Zoning Ordinance requires that all residences of the size anticipated have a front porch of at least twenty (20) square feet and provides incentive points for the addition of railings and for larger porches. The Planned Development District governing this subdivision requires compliance with this requirements of porches on all residences. ZBOA 2003-06 3. Construction of the foundation for the house had been completed and approved by the City before the absence of a porch was noticed. The house, with its required front porch, could be located on the tot without encroachment onto any setbacks or easements but to do so at this stage of construction would require completely demolishing and rebuilding it. Thus, an apparent economic hardship exists, created in part by the City's erroneous permitting of the illegal construction. 4. The subject lot is located on a cul-de-sac, resulting in curved front and rear yards. In its current location, the ends of the porch will comply with the required setback, and the house and porch would be in compliance if the front property were straight as are most lots within the subdivision. 5. 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. 6. The requested front yard variance is five feet or twenty-five 2 percent. Attachments: Location Map Site Plan (Illustrating requested variance) Site Photographs Zoning Ordinance Requirement for Front Porch Notification tion List and Map with Response ri-PARKER CITY LIMITS<1. 1 A111111 11111 - ��� iiiIIIIIIiimiiiil To lia----‘' '_Led..„-imi y .„: 4; m•q„, _ / us . 7. -imm-,,,,- 4v• mnvia--- b• .__... . . Subject �� ., • fti, 48itiereisd, � .�iim�r�ur�►�.Pro e ; �� �■�m1O1 ' 11*-1\ulailLfswitr.$c r-- --- - �1.1?-iiirldli.eptair... Puumm�mt� 0N111. ..''.. nirierirnillit . . _. .,.., . . . . . . . ���imn�nmmr� ninuimPli0"� 11111111111111iiiiiii nmniuoloni� , Maliviiiiirilitilb.: I hi x 1 ,1 1 1-LLU-3;___„._rT I ammull-.:-. 1 1 t I I an' I IP ° Rat" 1.; I - in/ " n-\\ yp�.aE:m„I��C0 Mgf I." C�:ii auu'� dowzmi.... i1_ i �1� 111011111111111111111111t �ummor RI � Q �nu.w;y�; MIM� ii-aratikr;- IWO .-. "'"'dasillit__; , .i.,> i ii106-,..i...-- r; ' 1 , ' Mil _.„ _ _.•,. ..__1 L '- '' '''''''.. XI i ' 1 ii F--------__7 ...--r LZ I 8 1 1 ''ILL-L4 I. ,. ___.Li --. 1 I -i--( . ' K t- , 111 :'' ) -.- --------7 I --T-T- ----TT : . . . fili ,,,_ _., 1 , , L._ , , in ! . NW ---1=-F--------1 , 9- Li�� .. _ i LOCATION MAP ZBA CASE #2003O6 . („,7, r t „ si„0" uic---sm"r, r 7 ,pew #N.k °�N +lYf�,r / , (.. ( i3 ?/ 1 i ...... ....---- -- „ 7- .,....... 1 /.it„ / ,,,, , }`x / / i -. .` 2s- ii . V---, ‘q .6° / -......,, P� if 20 / ' '.. r M • f 1 0) ,..,... „.....11 i CV/ / -6 1 • / .. - 4 . / w 1 i / (.4 1/ ...*4' 1 u-__•t / --c)izt / o / , iii 51 DE I rV: 6 hi---- -(-,..i i / i i 5. L, , 1 /\/ '-cr. 0 *. i / \ / •j#V.-‘‘ 1 . \ / okil / \ ii .1 A\ -...... A ii C /1 -‘-f f+.+�".,...-^hw.�L ' • 7, wr ,L+�P . i -, y \ / i„\,° ,, /p *_ \\,, .--.....k L, . 5 1 1 e7,-(4:',E,‘P5-51L. \ 71. ., ,6: t-ci % 1 ' \ i, \ ..-- \ \i,s, c I ,\ ii f 7.51-0" , L, 1 -N0\1\ , . 1 i \ ---,. .....-- i • , • ...-- ,...-- , '04 I t... .1d1,,- .‘‘: '\ fill lb:C. \. ,1 /1 1 04,* ow ,• ., ,,, , ii , 0 ,. ,.., , 1 � ,\_i i.\ i �, , ,. ,, i /, , ii i . ..., ,.. .,••.,,•.,,..,,.,...,.„..•., , , , . •=` • / \ 1 . / .1),4bic \ ,---\ . .,,,,,...w.t....6. 1 , 4t A ILL F PC/Q r . Pi .,.._0,-. F?'' .1*"<;'' S � ....,FP `� i FN CR 04,C.141,4 Ft4 T. ,,.4, ! • e"/ :R.,. prr2. N 7- e, L. I -- I +i LIV ' �� f��1�� GINC.HI. I WILL.ONLY �..I"VIF LIABILITY FOR 1 S LOT/ I"�i+r�tANC3 # 1 }"� iI'..�{"" I� ICED FOR 1 T I IERv' E. SERVEYOR 1-u T VERIFY PLAT IDIIIERSIOgS,BEARINGS.BALDING LANE AND EASEMENTS BEFORE ANY WORK PROCEEDS. ZBOA Case No. 2 3-06 Paul Taylor Homes - Front Yard Setback ari n e • * — — • • - I• 'a ' y ' 'i` = ? ,.= 'I.} ill "f ,, • :. , ':116 --L. '1'4 ` _ i - may 4 - ' 'i fi A t.I ''{ + ,�.� / •.."I4`-''- y . .. ' f i* •h., J• • !.1.Z,, .--.1.47.: „...... „IP...4 OIL i.....,' .. .1..t.I.! 1.21 i"FW if..i.g4......7'..ii"....:=1 1--.7:.....-.--: '. .' :4.J..'..,,C..t-.1,if-4114. Lie:.....::'•:, gp...11recADIT.."..:;„„1 View of subject house at 1700 Tamarack Drive currently under construction without porch. 7 ,' -'N,„, F.-,I .. ,,1. ...• • •,... • N---,.. '�` ;,-.-. ', _....,_ . "• ,•• �, .. ..._,.......,,,,•,.....-, .......7_,„, 1 • _ 7 .: __ ___ , .. • .__. - •--,..,,,...... - . .7- ,__,1,....,.., x-..,,,,„vn i .• --, --• ,-..._ „F.! ..,-7,-,7 . .• - -17-.--7- 7.7--- 1.. -...... r,-, . '..''' 1.1.':' MA VPI-‘-•:1-- . .. ; '''- I.:::.:17-:1:11. yi11 a.y • r It; iL+��' � i ;i�:. •/. `+ ... I ., + +; 1-L .: _. :" Yam` -- 3 r y • i ,7. ,.. ......,.. ,mi iff i +tip# �_ .i I'i i F 2,.. z.7 - .. ice, _0(...) � 1: + ' "ice .'. � � r +•, t.�.~' wWi �.� � . _TJ r f + a • :Hr±- 4 t ` T s S�ti ; r T View of another house with same floor plan with porch proposed on subject house. Zoning Ordinance _ __P___ -_ -_ D. ARCHITECTURAL REQUIREMENTS (For all Villa i e Residential Districts) - --- PAGE ---. ---_-. _ ---- - ---- IASE STANDARD DESIRABLE POINTS Element 43 Exterior Façade Material 1 0% brick or stone None NA -- __ Chimne enclosure re(Hired Brick fireplace matching exterior 5 45 Roof Pitch 8:12 or greater with architectural grade Dormers,or combination hip and gable 10 overlas shin les -._ ---45 Roof --Materials Asphalt shingles,no wood shingles. Paint Architectural grade overlap shingles rooftop accessories to match - - -46 -- • s with same floorplan and same 4 lots skipped same side of street, 7 lots skipped same side ofstreet, 10 Units PP street elevation 2 lots skipped opposite side of street 4 lots skipped opposite side of street and and no idential floor plans side by no identical floor plans side by side Si VillageResidentialcover 20 sf minimum front porch,5' minimum a. Porch railing part of ;root porch design i 48 front en ry � width b.40 sf minimum front porch,5' minimum filth Ill/ 49 Village Residential Mail box Paired at lot line One style throughout development location 49 Wine Residential garage doors Offset, 12" minimum,maximum 50 Not on primary street elevation 20 percent of elevation - Architectural Points Available - 70 Total Number�f -— Points Re uired -_. �--- ---. 40 Total Number of Architectural o Pageli ARTICLE LE 3—RESIDENTIAL ENTIAL DISTRICT REGULATIONS IO February 27, 2002 NOTIFICATION REPORT APPLICANT:T: Kirk Maxwell of Paul Taylor Homes APPLICATION FILE 7BA 00 -0 --------------- -- - - - - - 179 0 Preston Road #700 Dallas 75252 BLK/A135fi L T T ACT TAX 1. . # PROPERTY OWNER NAME IADDRESS 1111 ApplicantKirkMa + ell 179 0 Preston Road #700 Paul Taylor Floe i i Dall:10 nas, Texas 75252 p a 0 B 1 v d a Abst. 71 �- Tract 2 R- 71 -002-0 0-1 ShaddockDevelopment Ltd I it - iii( HMIQuail Meadow 1716 Clements Way Lot 25 R- 746-OOA-0 0-1 Jeremy Ions Wylie, Texas 75098-7982 MeadowQuail 1714 Clements Way 4 Blk B Lot 26 R- 7 -OOA-0 0-1 Brent Kemp p Wylie, Texas 75098-7982 --- Quail Meadow - 1515 Quail Meadow Drive 811 G Lot 11 R- 7 -00G-0110-1 Helen Wells Wylie, Texas 75098-7982 Collin County 210 S. McDonald Street A -- FM 1378 Commissioner's Court McKinney, Texas 75069 t 21 0) 11 C3 36 2 0 ,3 • F F•4r` * r 0 9 3 >. • • • T '' . - •- ii„ ..C3 • ' C3 . 1 > ,., 116 __..... ..__ ____ JT3 CO : R. ,. .p c a) 1,- ,i\ ,....... ----- -I All 9 33 ....__Z _________ .._ _ E 4.... 0, lye . ,„,,,r,L. „4„.„,,...,,,,,.,...,.. , , . . , ..._,_,, fa.) _ , _ „..,,,,,,,,,,„„,,,, ..„:•.. ..........m.. 3 .,.*e;jizi'ratilf aaaaaa i .5 C---.) (0) i i.4?k:."12.e.-';1 1 1,4'4',,i142e4tai W-4. Y� j1'.r'f},.--�•LLLLL...���}}t- ,ASS i f- -1- ,7;-1 i.5y k'i itrl� }ri .•1i.rr� *..., •,c.,.• ...,ftrir,.......li,,,',...,! ,?7-cf,. . 4_0 .1-.MP'4'4X1• ,i,:rr'tr i,, ,-,-,-3,,, ')--- .1)1•611/4.A\ 1 4 'tkie,:',-1,,.-:ATA.,..4.4).; I -1 Z,,,,,. 4.6.d.:-kj'At% 4.,21,1•14-4,•;•• -- • .7,t.r F.44�1 , •f X-• c\-.......) o 2 ] I 1 Q , 1 \.,... 1 1 I ....._...L__ , • 1 ' , 1 c\in lye tf) ,. c,,,,,c,-,:) _ \------ \\\ 1 Z (1/2\1\ Q L C 23 .."., 13 12 11 1:1 C) -,,,,- 0 l CO 1:1), Cf) Page 1 o letter ready s • • Date: 6/15/03 : :0 AM Pacific Daylidht From: JD S1 To:_ JDKS3 Dear Sirs, 1 am writing this letter to [ for your approval for a Ian dispensation bualt at ? Tarr� r by Paul+1' [�r � �3 or four extrafeet for homebeing Homes. In May of 2002 I was crushed to learn that myhusband was being relocated to Dallas fromHarrisburg, Leaving thehome Weloved therll town atmosphere of � had and in North Carolina was traumatic. church, Harrisburg, thechildren'sschool where I wasan active our closeknit neighborhood and friends wehad rf7ad � couldn'tvolunteer, our similar toHarrisburg near Dallas. After months imaginethat therewas a community ofr'er�htr� every county, town and school within a hundred mile radius around thecity, 1 narrowed the field to about communities.. one after another in despair until I cametoWylie. [ r�lr`�t�n�t� � visited thesecommunities town I had leftbehindwithitsfriendly ' Il� w instantlythat this wasour place! It reminded meof people and sense of community. Once I seat the my search for a house and a neighborhood, Aftersearching,� r. lid on ! l� , 1 tl�tn aar� ni l�bori�ood it too, months n� I finally found it! Likemyold had homeswith largewelcoming front porches where everyone play and converse with neighbors. The subdivision alsooffered lot that ' � could sit, watchtheir kids largechild friendly backyard. stay-at-home mom was large enough to accommodatea found a placethat met all thequalifications �� port� �r[ar were err in�� r��nt � rn . vV ' f��nlf h we were looking for and would fit within our budget. We have lived with relatives in northwest Piano since Decemberawaiting home, We put everything in storageand ► it2002the construction of our dream wehavecommutedd. Because � did not want children to beuprooted [: daily to Wyliefor school and community activities, twooldest again, Dodd Elementary and semester andhavebecomeMy children began school at heavilyinvolved in scouts, school clubs, sports and other extracurricular atrities. Despite the commute and living arrangements well, having each mad the A honor roll, earned the DynoKidchildren have assimilated citizenshipaward and Principal's Club Award, and scored exceedingly well on the state tests that were given. We were devastated to learn that our home foundation was not as expected Thn goodness the hor sits are asharpoux` e with any the large front porch. will never benoticeable. It will, and isnot in line any other homes an extra few feet .__., however, make e a world of difference to husband, Reese allow these four feet. Theremy� � ����� our3 children, and myself. is not another lot left in the subdivision to accommodate know I will not be ableto find another likeit and it will be detriment � this plan. I community that wehave alreadycome to love. ifwe not makeour home in this v . Thank you for your time, William Denise Crocco Katherine Crocco Sarah-Grace Crocco 7 Dane Crocco cc: Kirk Paul Taylor Homes rs, ' ' ��� Wednesday, June 18, 20 v o r r 1'� ; Z : ' 8 ' U I I _ { Public Hearing Item No. 2 ZBOA No. 2003-07 Zoning Board of Adjustment Public Hearing: July 28, 2003 Owner/Applicant: Dr. John r . St l berry Location: 1125 `.I I. 544, Suite 700, being part of Lot 1, Block of the Gre nw y Addition Request: Variances of Section 5.A f the Sign Regulations to allow an Attached Sign to be forty-one 41 square feet in area rather than the allowed twenty and seventy-five hundredths (20.75) square feet Background: The applicant leases office space within the new We tg to Crossing Shopping Center (adjoining Iberts n , at.F,.I'lll. 544 and Westgate Way. In this center, business signs are attached to the glass walls and doors as well as the masonry wall above the glass. The applicant currently has his business name painted on the lower glass wall only, and desires to add a sign on the upper masonry wall above the glass which exceeds the allowed size. The applicant contends that a larger sign is necessary in order to be sufficiently visible from surrounding streets, and is requesting the variance to allow a larger sign. Section 5.A.1 of the Sign Regulations currently limits the maximum um size of attached signs to seventy-five hundredths (0.75) square feet of sign for each lineal foot of building frontage, not to exceed a cumulative total of three hundred 3 square feet. The subject lease space is twenty-seven feet eight inches (2T-8") wide, 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 441 square feet. This represents a variance of twenty and twenty-five hundredths (20.25) square feet or ninety-seven and six tenths (97.6) percent. ZBOA 2003-07 The Building Official has proposed revisions to the Sign Regulations which are currently under consideration by the City Council. If adopted, these will change the ratio for determining the size of attached signage from the current 0.75 sq. ft. of sign to each one linear foot of wall to one 1 sq. ft. of sign for each one (1) ft. of wall. The requested sign of 41 square feet would still (13.33) feet larger than the then-allowed 27.67 sq. ft. or a variant of forty-eight and two tenths (48.2) 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 ofth 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 ofth 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: 1. Public Comment Forms were mailed as required by State Law to owners of eleven 11) properties within 200 feet of this request. No Comment Forms have been returned at the time of this posting. . The requested sign is 97.6 percent larger than currently allowed by the Sign Regulations, and 48.2 percent larger than the proposed revisions. . Other signs attached to the center (sandwich shop, barber and video rental) comply fully with the current Sign Regulations. The sign for the manicurist is over-sized, but was installed without a City permit. . As proposed, the location and construction of the sign complies with all other provisions of the Sign Regulations, with the exception of the overall size. . There are no obvious obstructions which limit visibility of the applicant's office from adjacent streets. ZBOA 2003-07 . The Board may make a decision to approve the variances as requested, to disapprove or any combination or alternative of related designs. No hardship need be demonstrated and only a simple majority rity f the Board is required for action. Attachments: Location Map Site Plan and Details of the Attached Sign Photograph of the Retail Center and Specific Leased Space Sign Regulations for Attached Signs Notification List and Map L.._..ji c •----''"tc Lane ---,../(/---------4_-_—[i -,—L__i_i_ 1 _j oelli-Anders LiL il a) c 0-r—T-4---Onviie one , 0 p-_,,, • ---------...,_........_.._._ o ! , co ;S bOir:E,h-gh- i,./' •. i ..._,_______. r.--..---.-..-..---- ,_„:..7.•--_,....:--:.-z,---,._.I.r,„-. ., , , , I , ! •••,,. .., • I ; 1 .. ,..,. --.•-..1- LE l s7ert . .i 1 i Hem! i Mil i 1 1 CI Street . i -c i ME L____, —i 0 *Hon av Subject i•Ni-111111111 : r i Wir, • ny •is Mil . j Property in ni I 1 I • ''g - S : 17 8'"swoon g . in •1 1 ; ,e21,‘I. 1 iMIME irnral - ! ! !IEW Wirn • i INIMIIIIIR 7 sun i i -irP !I _.. i_.._.._____1(.._.._.._..—..-----..----..—• - ,----- -—---—- i kB- inie_s_s ..,>,.. tiIF -1 ,. i!.------i N _ a I i fr---- i 1 ...... i ! i i i L i ! 1 •! 1 ,._ i i 1 i i i i i 1 i i 1 i _I 14--.. 0E i • o i i i L. ---,_ ..____ _.1 1 fli ___ , 11' F. M . ' 44 I1, ..,,;:„.„..4.,,,,,,„•:,...,.•... .„.,... y i IP i. i i 0 d'ec i i • • i 0 1 i .rf ! , . • '‘. i ..... i ..f. f-• i . ...- ._,-• i ..., i .,.. i ,.,- i ,,.. i .,...-. ../.• Al° • .,.• CD\'Ci# -' ---[•11 i .,_.-. LOCATION MAP zBA CASE #2003-07 i 'S GROCERY al 4:ti 10\--lral.%".1.1"="--,,,,, 0 1:1 I 1 CD , . . ./ FIRE SPRIPMER RtStn ROOM 1 . _ ',iv _. . _ ....iii 7,0.7-e 4 , I N i , e 1 1,.0-1' 6 I cu 1 0- . _Al ..._ _. _. _ ill_ , ill _ A ill 1 ii , P t ci- - 1 __....— _ C II_MI. —._HA__ 1 ir . _________, i .., , 11 11 IV-Er /I, I .--its -s''� 11 I w ilC !7 Wit a!1 � • � �}�' am � •—•• I X :Chu 1 Fa 1 I I I i -7-1 i r I 1 / Min IDI2 SUITE GOO, SUITE r SUM 400 a x 1J� ,o 1 li QL NOlS SUTrE. BOO I CI,S1 S0E A A LE 'F.Jf E AVAILABLE 1 - PROJgC1JT/S S'8 S I 5■•r. 5El 1 ST I " op �}rt �1 4 ,F. 1, 211 F. - 4 N ■i •F • ���'p0 1i• iQ9a t t � ..a.,.��_..�F 1 . . 1;:gE I; -—-—4.•......... i ....= -�.Ii a<au+n,r f..a _r ......r F �a aW�a w arm •wx ; 11 . I I ii 1 Ili I I . : i Ii i i . 1 I i i . , 1'I i I I i I Vrog.(...D.4 !.*I it( MP I 1 I tgairsOLPS— 1 1 I Ilia (-1 *i 1 {i _ - J try 1 I _ 1 ..y. or ft -6,-.- t--- r---- F---[-41' - Y---- Or- r- -0 - -- W - z----- 15TA. -------1.11 ----W.'-- 10.400; A° . '.Z'Lrl*:. LET, . .* 3Imir� s Ar-a i 2JWa1 t .r F y P-1- 3:,d. ' ir 'ID.' D 4 a.... - —--—.la, . .. -—6 I - I."- - - ....... ......"----....1. — . (:,#) ei 6 0 CrikLA.?""L'" iiiii. ZOO . ..... I OTAL'GROSS AREA , 14,567 S.F. ' F ti• 112 ..WY ,�S . is ' LEASE WIDTH 18" 27' 8" _ . ._.. _.... . ._••..._ ........._......_...._ ._._. __._._.... _ . . _L. . • • . _ _ • _ __ ._ ... .. _. _ . ----- ., , _..,.,. . .. ..:. : . .. •.... ___ . , i..,..,....,47.....,,,...:‘,...,!... . ..,:,......,7.7.:„6„...,,t-.7.--_,-,,.. . : . . . . . . . . . • .. . . ........,_ 4,___,.....T„......._,.,:,_.7........„t_7,,,...„... . Ti, . , .• : -:.- ... •-•• ,.....,• .'.,,,,, . _..._________.. ._ . • - •''',.i..1:,.,...- --,,":•:=.-,1 UL LABELED OVERALL WIDTH 171.89" LETTERS RACEWAY MOUNTED .______• ,; 0 i OSS N OVERALL .34 42":111 i .P 10.1...-.4..y.0 ?!...,..:411.1 i ,. /ads . HEIGHT , . I I . ', . . . . _ `.-'--• , . I ',-.....•...,-,-,......., • - •F------....1--.--,r----,...-,--.. ,. ,. -•:- ,..; ...--,,:: ,... ii,..,......--,.....3.,....,..___.7•_..., •., • •.• • - - .0 ,...,'-1 P .-•.." 1 . . - 1...,. • I will,i, 410... -; •.-,,.:; ._...--J. , r 1-- - - . -ft. •• =. -. • - •,-..:, 4 -.-•N i§.... . Aotildwri‘,... - -• •, , ,.. . •-.... ; ,• --.'.- I . ' -•I ' .., ...•• •....•. 7:•-. -'!.-.- ..r:: ;--,-.--•,•• 1-7" i-:::1; .1 •,.•L- • 1 7.--_-;-", .,.....,-..,...i p.-...--17.,--:• , I ill .. ' •-•, 1 FOR LIAR-.'--• - 4.' L--.' •:1! LLZ:-• - " E t: ... • ,. .1. 1W064614 ' 1 .-1.... WY : VI '''..-'. -"....,.... ! i. t •• ' . .• E ..,,,,..,...,„„...T. . ., . .,......:„...„.„_,.. .;. ,. ,,..--,. ..._.. ., ?!-- ..., J . - ., ,.. .. .. ,,,I..,,__ .:'.'!r•c,.- - -1 - . ' . • .. .. ,:.....L.I .•-, ,.. .,,, .. . , t,,....., - o . •, . . ,, . , ,-... •-'-'471=7f--2 -7-f.151 :!:'r't,''':. --, , . . . — r ,'7 4.--,-,•-•,,,zw c;‘,1,...- ' ,iti... ,....,:....... 4::..,.. :-L.1,2..............•... ._..,...i. . 4it , 4111.11111--112"'—ii--,OP: .... .. .,. • —• - '-','-,..-. ..-..-:- ., _ . , :., ,c,.... •_../-.--.7.77-7-.' ___. .--.- .,,.,-,L. , _„.... . . . . . ,.-..- - k AN.e.,:-.'1";*';•''- : • . , -1-• ....-:•••.•'VJ. t ...,- , - -. . ,L„......._•,....., L. .. L _..,... • . - - ._. __ . \ •• ' ‘ 4.T ..... 1-7 , ••.•...... ....._..._...__....... •., _.... ••. . . ,• • : . _ . ..*.:.:k . ... _ ,,,• • - • •,. . • •...L. --a -a...-, • •••-•-• •..-• .„ .. ----- .• -...- ----•-.: J. Ross Stooksberry, DDS 1125 E. FM 544 Suite 700 Wylie,Texas OVERALL WIDTH 171.89" : --' .f.10.: ':`-i':,•,. '17'-'' • Lir''. 0 ,•.!. "''....''. . .„,,, ,•.. ~ r1}4 +l�.t• : �{ i i f:-{=. :R i ty F} !rliL. `.l.'' :'_ ;'fX ,"aa • ;{'j a � �•+-,�-y} r=•r�4'�, I`e1.5 ..rw}% y'_y'5 _'�+ y +� I LLi, r.r rr 1' -{. 'I ,"'rTi* k ,] .f �!��`-,1 'huh T}i' 1 !}• }"-� T7" , OVERALL 1 -{. `"I }:.,��R .+* �'; ;.'a .•� -R, i'��+ 'F ' �1L �,. } �. ;C r „:za' ,�k=k'�: i -i' ':x}" },'# -It5.7'F ��1;li J•�." +'.• • , - .#{ 7n ,1 �S rl ai{� ' :4 iml� `rt��l �,�,rs •!��'' •i�';Kr, 'bra.��_iJ�..-.•t�}` t�*�r�l'�a��j�, �i1"I '}�II'�-.i �4.� 74���F��'��'';-� �41.K�}�[� I�� �1 ���i • Y� *� '� .i �,+# •. }i T'-r a .f • ''+' . 1• k"x` �' .}�.1' _j, R'� . 'l'• a•�� t,'1��.,.k4- „y'1^8 'I i r i+, .-k s"•i • '''•� HEIGHT -‘1 Tr - ` ��`�r ��"`� T:l�R.' ;1'r��1,•, �,�'�.t�,1�',�R,_ �r.--' , -y�.y11J"�St i�F 1� � �• �1��,,+ am*; ti.R A. F�J 8 .. CI '2 ' r4L ' +6•'R ~� F ii'1. ,`1'tom' '-T)} \ Pi k.. -I �,i;-1 4:.; .,`F i r '•. . {. `1' It} r{ _ • ' '4 i, I� ,111� _I+f T'V:i.2 4 ! ~j 5F �I}}'/•�4 �}f' 1+'•4. .1�.; .' ,F.. + __ _ f SIF•i .J �I •�r a"r .a i• hti i t� �.\I 5�. Ffc'•.�J ., ` +,i.. .f I� }I •J(T 'Ir *� i. ,. ��iF '�* } ��I',f�'"'I j.•' F , .:3'r f1 t , -''• ':1!; �- =1 -'t"t. .r 4. f t.� 1 �` ; ,.i - -. .r{k .i',� y� M1 ;iy mi 12 5.. ULLABELED 68" LETTERS RACEWAY MOUNTED :--..:......, ZBOA Case No. 2003-07 John R. Stooksberry, DDS - Sign Variance f3 55 ..) Cel\ c., V _re'3 QP 7:C''' - il e,"-%Pr __- i - . 1 • :1= , ± 'i - - • •:.' 4 ice-++ - _ ' - ,_,_ -- View of signage on adjacent suites and location of proposed sign. r-O. ,- --- ------...-------T. Prot5 Etei ,;, - - -- ,--"--, _ ___ _ _.. --— ,i i,...i.'; SUX)1..,t1.1e//:‘,!▪.14 I• ,,,ILLI li:''.q.f!'"_:%:,• • !:•• '• . ... .. • • r▪.,i,, . v• ,....... . • ,,!•,. , . , - =Tr _ �= _ y'i ,��� _� �� it s + . II`` ,.L"i .\- w. 1Yl� • � � 4�ly +F ' '�+l#{F F ''}`r Stooksberry suite on the left showing split-face brick façade where proposed sign will be attached, • r t • ->1 . ATTACHED SIGN REGULATIONS _ --- - regulations set forth in this Section shall be Unless otherwise specifically provided, ther , to all attached signs that areallowed under thisrdinane. Al! �gr� and applicabletothebuildingsurface to which they are attached, their words shall bemounted parallel � rtwelve inchesfrom that surface, except for project no more than andshall � and , F. Wall signs shall and Marquee signs as allowed in Sections 5. E., Projecting � isattached. Bannernot extend above the wall or building surface to which the sign signs shall not be utilized as permanentwall signs. A. Maxim u m Sign Area ( i. Attached ed signs shall not exceed the following area schedules: a. An attached sign located at a height of thirty-six feet 3 ' or less is limited to 0.75 square feet of sign area for each lineal foot of building L... L. toe for a sin le tenant building, or lease space frontage in a frontage g building, not to exceed three hundred (300) square feet. nnult� le tenantb g� b. An attachedh sign located above a eig t of t .. ix fee 3 shall be permitted an increase in maximum um effective area. Such increases shall not exceed four 4 square feet in effective area for each additional one (1') height of hei ht above thirty-six feet 3 measured g from the base of the sign. Signs may be increased hereunder to a maximum size of four hundred (400) square feet. c. Attached signs may be located on any facade except for signs located sideo or rear wall of a building where the sign would face an n the adjacent residential zoning district.g The sum of the effective area of all � attached signs shall not exceed the allowable effective area specified in paragrap hs a. or b. above, whichever paragraph is applicable. B. Illumination lnati f Attached Signs Attached Signs may only be illuminated utilizing internal lighting. Exterior letters with exposed neon lighting are allowed. C. Window Signs Window signsgmust meet do not require permit or a permit fee. Window Signs the following regulations. 1. Window Signs must not obscure more than 25 percent of the window area per facade. shall be measured bydrawing a rectangular or square box 2. The sign area around the signelements, then multiplying the height by the width. For signs whoseirregular, shape is irre the box must enclose all elements of the sign. 3. No illuminated Window Signs shall be allowed within two feet of the window surface, except for open closed signs. CITY OF WYLIE SIGN REGULATIONS NOTIFICATION REPORT APPLICANT: John R. Stooksberry, DDS APPLICATION FILE ZBA 2003-07 3213 Appalachian Way Plano, Tx. 75078 BLK/ABST LOT/TRACT ; TAX I.D. # PROPERTY OWNER NAME ADDRESS --- --- --- ------------- ----- ------------- -------- -- - Applicant 3213 Appalachian Way r 1 John R. Stooksberry,erry, DDS Plano, Texas 75078 544 Industrial Park PO Box 667180 2 Blk 2 Lot IA R-2000-002-0010-1 United States Postal Service Dallas, Texas 7 2 -7180 544 Industrial Park 2820 E. Stone Road Blk 2 Lot 1 B -2 - 2- 1 B-1 James Cooper Wylie, Texas 75098 9 Treasure Road A st. 2 Tract 4 R- 2 -000-00 0-1 Hobart Industries, Inc. Garland, Texas 75041-2947 PO Box 109 Abst 266 Tract 26 P- 2 - - 2 -1 AWLM Industries, Inc. Rowlett, Texas 7 030-0109 - 2301 Cedar Springs Rd • Abst 267 Tract 70 R-62 7-000- 700-1 Greenway -Wylie LP Dallas, Texas 7 201- 937 2301 Cedar Springs Rd #400 Abst 267 Tract 72 R-62 7-000-0720-1 Greenway -Wylie LP Dallas, Texas 7 201-69 7 - ------ -- - - --- --- -- PO Box 20 Abst 267 Tract 3 R- 2 7-000-0 3 -1 Albertson's Inc. Boise, ID 83726-0020 900 Hensley Lane • Abst 267 Tract 42 R-62 7-000-0 20-1 Hard cast, Inc. Wylie, Texas 75098 900 Hensley Lane 10 Abst 267 Tract 43 R-6267-000-0430-1 H Ord ast, Inc. Wylie, Texas 7 098 Collin County 210 S. McDonald Street 11 FM 544 Commissioner's Court Mcl nney, Texas 75069 13 15 16 17 12 1, 0- 1912 / 0,9-• :::: / (:.'''' . ICD)? r—i 0 1 14 29P31'71 )112n1 142?) ,,, hiR.71--- . i .- Liz r t, . 7.7.. . ..... -.7.—7..-, ,, --. . r" , _b" ' 075 *A-t : , 6 11 ffr 1 i f1.;�i`i'[i:i.{'Cri Y1ibi+*:�T•1=:fx'.w{ �;%l.i:}'-!* 1 1 .• }its•"ii,",L, ,-J Pr...�.,....Or,, +kYj,,, i--d)-,,.fir.=;:",, ,,,,i,"r. ': � 1 . ., '.7,i,.,,,,y.i.7-;6,11fp,''.,i4:.:•Litis 40.-;.-arki-.3'..i.,.-,i c -1-Id ' ...._•r. St -4 1 : '..,-,ti!.,-akz;,1K -,70it::Vgf'4..,:s:,-.4A.--4-4,11-e":!‘ , 0 I yy� 0,4..).1 . :Le70 .15'/V �y� Et f) 441 1 ik"-.rPfrrY4-'. .'TAN i ...., ,,,,•,- r.,-• M*4;6, .,...._ f .r -! 'y'i�•'1-`t.L..!1 Fr,11 •}�'Cr 4-,:.-_,,..,r,„.,; t ti c • * A _ . 1 1 i , • 1 i il ! ._......._ 1 o 1 , .' 1 3 0 1 V 1 . ,)17e 'V ...o , 0 I „.0, . _kis, ‘. i idi i _________ _ imi • i --1 -Avd. 'P4) kb-C I 1.--------___H a) 4_...._ _ I___ 1 _____[ -F.-T-1 i