09-22-2003 (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, September 22, 2003
7:00 p.m.
CALL TO ORDER
CONSENT AGENDA
1. Consider and act upon approval of the Minutes of the August 25, 2003 Meeting.
SWEARING-IN OF SPEAKERS
PUBLIC HEARINGS
1. Hold a public hearing to consider and act upon a request by Michael Shaw for a
variance to Section 11.3(1)(c) of the 1985 Zoning Ordinance in order to decrease the
required rear yard setback from twenty-five (25) feet to twelve (22) feet, this property
being located at 1702 Eastfork Lane and being Lot 2 of Block E of the Riverchase
Phase I Addition. (ZBOA Case No. 2003-11)
2. Hold a public hearing to consider and act upon a request by Earnest Tackett for a
variance to Section 7.B.I.e.1 of the 1962 Zoning Ordinance in order to decrease the
required front yard setback from twenty-five (25) feet to thirteen and one-half (13.5)
feet, this property being located at 414 South Second Street and being Tract 1 of the
J. Truett Survey, Abstract No. 920-2. (ZBOA Case No. 2003-12)
Pos ed Friday, eptember 19, 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 CITY SECRETARY'S OFFICE
AT 442-8100 OR TDD AT 442-8170r1)11'11114-- 614/03
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Zoning Board of
Adjustments
City if Wylie
September 22 , 2003 '
Regular Business
Meeting
AGENDA
Zoning Board of Adjustment
City Council Chambers - Wylie Municipal Complex
2000 Highway 78 North Wylie, Texas 75098
Monday, September 22, 2003
7:00 p.m.
CALL TO ORDER
CONSENT AGENDA
1. Consider and act upon approval of the Minutes of the August 25, 2003 Meeting.
SWEARING-IN OF SPEAKERS
PUBLIC HEARINGS
1. Hold a public hearing to consider and act upon a request by Michael Shaw for a
variance to Section 11.3(1)(c) of the 1985 Zoning Ordinance in order to decrease the
required rear yard setback from twenty-five (25) feet to twelve (22) feet, this property
being located at 1702 Eastfork Lane and being Lot 2 of Block E of the Riverchase
Phase I Addition. (ZBOA Case No. 2003-11)
2. Hold a public hearing to consider and act upon a request by Earnest Tackett for a
variance to Section 7.B.I.e.1 of the 1962 Zoning Ordinance in order to decrease the
required front yard setback from twenty-five (25) feet to thirteen and one-half (13.5)
feet, this property being located at 414 South Second Street and being Tract 1 of the
J. Truett Survey, Abstract No. 920-2. (ZBOA Case No. 2003-12)
Pos ed Friday, eptember 19, 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 CITY SECRETARY'S OFFICE
AT 442-8100 OR TDD AT 442-8170r1)11'11114-- 614/03
G.•�'L .
MINUTES
ZONING BOARD OF ADJUSTMENT
City Council Chambers Wylie Municipal Complex
2000 Highway 78 North, Wylie, Texas 75098
August 25, 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 Claude Thompson
Randle Henry
Marilyn Herrera
Layne LeBaron
Wayne Morman
Board Members Absent:
Linda Jourdan
CALL TO ORDER
Acting Chairman LeBaron called the meeting to order at 7:20 p.m.
ACTION! AGENDA
1. Elect and seat Chairperson and Vice-Chairperson.
A vote was made to elect Layne LeBaron as Chairperson. Vote carried 5-1, with
Mr. LeBaron opposing.
A vote was made to elect Eric Alexander as Vice-Chairperson. Vote carried 5-1,
with Mr. Alexander opposing.
CONSENT AGENDA
1. Consider and act upon approval of the Minutes of the July 28, 2003,
Meeting.
Mr. Alexander recommended a change on the last page, last paragraph,
removing the statement that the variance for ZBOA 2003-07, was granted with
stipulations, and stating that the variance for ZBOA 2003-07 was granted. A
motion was made by Mr. Alexander, and seconded by Mr. Bullock,, to approve
the minutes with the changes noted. Motion carried — 0.
ZBOA Commission Meeting
August 25, 2003
Page 2 of 3
PUBLIC HEARINGS
1. Hold a public hearing to consider and act upon a request by Sarah Lynch
for a variance to Section .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 1 feet, this property being located at
900C West Kirby Street and being Lot of Block I of the Wallace Industrial
Park Addition. (ZBOA Case No. 2003-09)
Thompson stated that the applicant operates an existing automotive repair
business at 900 West Kirby Street .11l1. 544). The subject Lot il has
approximately imately 3 feet of frontage along Kirby, but this area is occupied by a
common access drive and parking as well as the building of another business.
The applicant is proposing to install a new sign due to the recent reconstruction
on Kirby F.M. requiring relocation of the existing sign on the lot.
Section 6A.3 of the Sign Regulations require that 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 the lot does not provide
sufficient space to comply with the 40 feet setback from an existing sign on the
Lot's west side, and is requesting a variance to construct the sign generally as
located previously. Thompson stated that the City Council is considering
revisions to the Sign Regulations which will allow signs to be located at least
fifteen 1 feet from other signs, to which the proposed variance would comply.
Jon Lynch, 900 West Kirby, Wylie, Texas, represented owner of Jon's Paint and
Body, stated that the sign will be a monument with no illumination and will comply
with other requirements of the Sign Regulations.
A motion was made by Mr. Morman, and seconded by Mr. Bullock, to GRANT
the variance. Motion carried 6— O.
ZBOA Commission Meeting
August 25, 2003
Page 3 of 3
2. Hold a public hearing to consider and act upon a request by Tom Allred
for a variance to Section 4.4.E.1. . 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)
Thompson stated that the subject property is undeveloped and has never been
officially platted, although an unapproved plat it Cord's Little Six) has been
recorded with the Deed Records of Collin County. The subject property is 0.5884
acre (25,629.48 square feet) in size. It measures approximately 226 feet wide
along F.M. 544 but averages only 110 feet deep (125 feet along the west
property line and 102 feet on the east line). An open drainage ditch occupies the
eastern 20 feet of the property as well as part of the neighboring tract.
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), which is 211 square feet or OA
percent less than required. The applicant is requesting a variance from the
required 20 percent to 19 percent in order to allow this reduction in landscaping.
Tom Allred, 6116 N. Central, Dallas, Texas, represented the developer, stated
that the lot is restrained because of the widening of F.M. 544. The proposed
building will be 6,600 square feet multi-tenant office warehouse with eight spaces
to lease. Mr. Bullock questioned the ownership of the drainage. Mr. Allred
responded that the center of the drainage ditch is on the subject property, and
the majority of the ditch will be landscaped and maintained by the owner of the
property.
A motion was made by Mr. Henry, and seconded by Mr. Morman, to GRANT the
variance. Motion carried 6 — 0.
ADJOURNMENT
A motion was made by Mr. Alexander, and seconded by Ms. Herrera, to adjourn
j�ourn
the meeting at 8:00 p.m. Motion passed 6 — O.
Layne LeBaron, Chairman Mary Bradley, � --
lad ley, Secretary
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Public Hearing Item No. i
ZBOA No. 2003-11
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Zoning Board of Adjustment Public Hearing: September 22, 2003
Applicant: Michael Shaw
Location: 1702 Eastfork Lane, Lot 2, Block F, of the Riverchase
Phase I Addition
Request: Variance of Section 11.3 c of the 1985 Zoning
Ordinance to reduce the rear yard setback from the
required 25 feet to 22 feet
Background:
The subject property is part of the Riverchase Planned Development District (PD 99-
31). The Design Standards of the Planned Development establish special regulations
for the size of front and side yards, but provides no regulation for rear yards.
Therefore, residences within Riverchase must comply with the standard rear yard
requirements of the Zoning Ordinance in force at the time the subdivision was platted.
The lot was created by the Riverchase Phase I plat, filed in November of 2000. Section
11.3 1 c of the 1985 Zoning Ordinance, in force when the Riverchase subdivision was
platted, requires that rear yards have a depth of not less than twenty-five 2 feet.
The applicant desires to add a sunroom to the southwest facing back porch of the
existing residence, in order to provide shade for the rear of the house and thereby
reduce the cooling-related energy demand. The new addition will be 192 square feet,
with brick siding and roof design to match the existing residence. The new construction
will be twenty-two (22) feet from the rear property line rather than the required twenty-
five 2 feet. The applicant is requesting a variance of three 3 feet or twelve percent
(12%) in order to permit construction of the addition.
ZBOA 2003-11
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:
I. 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 eighteen
(18) properties within 200 feet of this request, as required by State Law. No
responses had been submitted at the time of this posting.
2. The conservation of energy resources is a stated goal of the City of Wylie. The
proposed sunroom addition is intended and designed to achieve this goal through
shading the rear wall from maximum sun exposure and providing the potential for
passive solar ventilation cooling and heating. Therefore, although the requested
variance is clearly self imposed and no site-related hardship has been
demonstrated, the variance will allow a quality design innovation which is otherwise
not allowed by the standard code requirements.
. The sunroom addition will match the design and materials of the parent residence
established by the Design Standards of the Planned Development District, and will
therefore be compatible with neighboring development.
. The residence on the subject lot is single-story and the rear yard is approximately
34 feet deep, rather than the required 25 feet. Existing residences to each side of
the subject lot are two-story and have even deeper rear yards. Therefore, the rear
yard of the subject lot is already significantly smaller than the neighboring lots and
this area will be further reduced by adding the sunroom.
5. The properties abutting the subject lot to the south are dedicated public park land for passive
open space uses such as trails, and will not be developed for other habitable uses. The subject
lot and neighboring lots have fences along the rear and side property lines. There is limited
visibility of the rear of the subject house from the side street (Country Walk Lane).
Therefore, the smaller rear yard will not be evident from surrounding properties.
. The proposed sunroom construction will intrude into the required rear yard a distance of
feet or 12% closer than allowed by the setback requirements. The applicant is requesting a
variance from the required 25 feet to 22 feet, a variance of 3 feet or 12 percent of the
requirement.
Attachments:
Location Map
Site Plan
Site Photographs
Planned Development Design Standards Yard Requirements
Zoning Ordinance Yard Requirements
Notification List and Map
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SURVEY FLAT
This is to . , .;icy that I have, this dale, made a careful and accurate surv.!y on the ground of properly located
ai No.__ 1702 EASTFORK LANE ,in the city of WYLIE ,Texas,
Lot o._ ._- - - - Block o __
__ _ IVE H E, PHASE I on addition
' to the City of w'LI , CQLLIN COUNTY ,Tea , according to the MAP THEREOF __
recorded i " _ VOLUME 41 at PAGE 364 of the MAP Records ofOLLI
Texas.
,ssumE 100.00
EASTFORK LANE •
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COUNTRY' WALK LANE N81 '44'27”E .
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OPEN SPACE: E -1 NOTE:
PUBUC PARK IN DECLARATION RECORDED IN { -
VOL. 4 06 PG. 1 2 1
1 VOL. 4806 PG. 1 469
F
NOTE: BEARINGS," EASEMENTS AND BUILDING LINES ARE BY RECORDED PLAT UNLESS OTHERWISE NOTED.
NOTE: According to the F.l.:.lvM. in Community Panel No. __ 48O8 0 65 H______ ,this property does lie in Zone_X .�
and_ DOES NOT _ __lie within the 100 year flood zone. _ V
This survey is mode relying upon the information provided by .��.. D I �_ Title Company in
-rtinn,r#inr with thekran r��. ' Ar+ described in C.F. I F R F--- ' ---r 9--` . Use of till{' survt y Iiv nnu nlhhp.r nnr i..-q nn-i inr for
pe i 6 1,1 D S
R 'ck?4e
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greenhouses
g. Garbage card and refuse containers
Plant material such as trees and bushes may be used for screening.
A.5 House Elevation-No house elevation shall be constructed adjacent to each other
A.6 Landscaping-The follo gninimumlandscapefeatures shall be installed prior to the
initial occupancy:
■
(a) Trees -a minimum of 4 inches in total diameter shall be installed. This may be
accomplished by one 4 inch tree or multiple trees whose diameters add up to at
least 4 inches.
(b) Shrubs-eighteen 1 gallon shrubs across the front of the house
(c) Grass-solid sod from the fence to the front cur
S '- `-Single Farail Residential Reculations
This classification shall conform to the City of Wylie SF-3 zoning classification except as noted
below:
. 1 Permitted uses. Uses specifically not permitted in SF-A above are not allowed in this
classification
11.2 Area�ulations.
ar.--":".--irize o yards
(b) 'Front yard. There shall be a front yard having a depth of not less than feet as
measured from the front property line.
.14 (c) Side yard. There shall be a side yard on each side of the lot having a width of not
less than 5 feet in width. A side yard adjacent to a side street shall not be less
than 15 feet.
L-L--\----'+*----'%---L---t....-_L,L)C.,.._,LA—K._._..\_....sr...._..-k_.--A........f---k----,..----..----A—•--.
(2) Size of`lot.
(a) Lot area. No building shall be constructed on any lot of less than 7,200 square
feet.
(b) Lot width. The mini num width as measured at the front building line of the lot
shall not be less than 60 feet.
(c) Lot depth. The minimum depth of the lot shall be not less than 110 feet.
(3) Minimum dwelling size. The raildITIUTI1 floor area of any dwelling shall be 1,600 square
feet exclusive of garages,breezeways and porches.
Additional Guidelines v ,'
A.1 Exterior fail Materials-A rrirliff u.m of 75%of the dwelling's total exterior area, inus
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(7, Zov4 '1 .)
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APPEND —ZONING § 12
shall be a maximum of one story in height and in Minimum dwelling size.The minimum floor
no case shall exceed the height of the main area of any dwelling shall be 1,100 square
structure. feet, exclusive of garages and breezeways
and porches.
Cooling towers, roofs, gables, chimneys and Lot cucrae. In no case shall more than 45
vent stacks may extend for an additional height percent of the total lot area be covered by
'not to exceed 40 feet above the average grade of the main building. Not more than 60 per-
the building. Water standpipes and tanks, church cent of the total lot may be covered by the
steeples, domes and spires exceeding two stories main structure, accessory buildings, drive-
in height may be erected, provided however that ways and parking.
one additional foot shall be added to the width
of side and rear yard, for each foot that 11• Parkingregulations. Two covered, en-
and depth
closed parking spaces per unit behind the front
such structures exceed two stories in height;. buildingline. Off-street parkingspaces shall be
In no event shall an such structure exceed 10 provided in accordance with the requirements for
y specific uses set forth in section 24.
feet in heig t. (Ord. No. 93-6, § Ill, 2- - ; Ord. No. 94-49, § I,
10-11-94)
11.3. Area regulations.
1 Size of yards. Section 12. 2F, two-family residential dis-
(a) Front yard. There shall be a front yard tr-i t regulations.
having a depth or not less than 25 feet General purpose and description. The 2F-1 [sici
as measured from the front building district is intended to provide the opportunity to
line. Where lots have double frontage, have development which is two-family(duplex) in
running through from one street to character, but which encourages individual own-
another, the required front yard shall ership of all dwelling units. This is permitted by
be provided on both streets. No re- dividing the typical duplex lot from front to back,
quired parking shall be allowed within thus encouraging the sale of each dwelling unit
the required front yard. A 60-foot set- and the land upon which it sits, to the occupant.
back is required for all accessory uses. 12.1. Use regulations. A building or premises
(b) Side yard. There shall be a side yard shall be used only for the following purposes:
on each side of the lot having a width 1 Two-family residence (duplex).
of not less than six feet. A side yard
adjacent to a side street shall be not Batch plant, temporary during construc-
less than 20 feet. No side yard for ton when permitted by code enforcement
allowable nonresidential uses shall be and limited to the subdivision for which
less than 25 feet. they are permitted.
4 (c) Rear yard. There shall be a rear yard, The following specific uses when granted in
a depth of not less than 25 feet. accordance with section
�
2 Size of lot. (1) Cemetery or mausoleum.
a) Lot area. No building shall be con- 2 Charitable organization.
strutted on any lot of less than 7,200 (3) University, college or parochial school and
square feet. related facilities (public or private).
b Lot width. The average width of the lot (4) Country club or golf course and related
shall not be less than o feet. uses such as driving ranges but not includ-
(c) Lot depth. The average depth of the lot ing similar forms of commercial amuse-
shall be not less than 100 feet. rnent such as miniature golf.
CDA:11
NOTIFICATION REPORT
APPLICANT: Mile Shaw APPLICATION FILE ZBA#2003-11,
1702 Easffork Lane Wylie,Texas 75098
[BLKIABST I
= LOT/TRACT TAX I D. PROPERTY WEER NAME ADDRESS
.-
__-- Applicant - 1702 Easifork Lane --I
1 Mike Shaw Wylie,Texas 75098 -
Riverchae 1 1803 Country Walk Lane
2 Blk A Lot 99 R '• Barry Flinn Wylie,Texas 75098
Riverchase 1 1801 Country Walk Lane
Blk A Lot 100 r # Wylie,Texas 75098
Riverchase 1 1707 Country Walk Lane
4 Blk A Lot 101 - 9 -O A-1010-1 Gary NeedhamWylie,Texas 75098
Riverchase 1 1705 Country Walk Lane
Blk A Lot 102 -4 94-00A-1020-1 Kristi Hentschei Wylie,Texas 75098
1 Riverchase 1 1703 Country Walk Lane
Blk A Lot 103 - - 0A-1.0 0-1 Russell.Jones Wylie,Texas 75098
Riverchase 1 1701 Country Walk Lane
7 Blk A Lot 104 R- 94-OOA-104 -1 James Wells - Wylie,Texas 759 - -
Y i
Riverchase 1 1802 Country WalkLane
8 Blk D Lot 31 R-4 94- 0D-0 10-1 rail• McCord Wylie,Texas 75098
Riverchase 1 Riverchase Homeowners 310 E. Interstate 30,Ste 280
9 Blk D Lot 32 R- 94- 0D-0320-1 Association, Inc. Garland,Texas 7 04 -4038
Riverchase 1 1703 East Fork Lane 7
: 10 Blk D Lot 33 I - 4-O D-0 -1 Melissa Cantu Wylie,Texas 75098
- Riverchase 1 1705 East Fork Lane
Blk D Lot 34 R-4 9 -00D-0 40-1 Alan Kosher Wylie,Texas 75098_
i Riverchase 1 1700 East Fork Lane
11 81k E Lot 1 I -494-OOE-0010-1 Aaron Hansen Wylie,Texas 70 -
iverchase 1 - - _ - Applicant 1702 Eastfork Lane
12 _ Blk E Lot 2 R- -0E- 0-1 Michael Shaw Wylie,Texas 75098
Riverchase 1 1704 East Fork Lane
13 Blk E Lot _ l - -0 E-00 -1 Tamara Ingraham Wylie,Texas 75098
Riverchase 1 1706 East Fork Lane
14 , Blk E Lot 4 I - -OOE- 0-1 B an Hart Wylie,Texas 75098
Riverchase 1 1708 East Fork Lane
15 Blk E Lot 5 R-494-00E- 0 -1 Kimberly Weems - Wylie, Texas 75098
Riverchase 1 1710 East Fork Lane
1 Blk E Lot 6 R-494-00E-000-I Shawn Brice Wylie, Texas 75098
Riverchase 2 Riverchase Homeowners Assoc PO Box 260997
17 Blk F Lot F-1 R- 1 - F-O F1-1 c/o Excel Assoc Mgmt,Inc. Plano, Texas 7 2 -0 9 - -
— - Riverchase 2
Riverchase Homeowners Assoc PO Box 260997
18 Blk E Lot E-1 R- 124-OOE-OOE 1-1 d o Excel Assoc I I•mtt Inc. Plano, Texas 7 02 -0997
g,k,i6corlse fl'
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Public Hearing Item No. 2
ZBOA No. 2003-12
.,
Zoning Board of A ju tment Public Hearing: September 22, 2003
Owner/Applicant: Earnest Tack ell
_rw - - - - \ --„IKr■■i-Mr�rr■r���
Location: 414 South Second Street, being Tract 1 of the J.
Truett Survey, Abstract No. 920-2
Request: Variance of Section .B.l.e.1 of the 1962 Zoning
Ordinance to reduce the front yard from the required
25 feet to 13.5 feet
Background:
The subject property has never been legally platted. It was created by division of the J.
Truett Survey, one of the oldest surveys within the City of Wylie, at some now
undeterminable time and manner.
The subject property is occupied by a frame residence, constructed in 1972, which has
an attached single-car garage. The house is located approximately thirty-four 3 feet
from the front property line.
The applicant desires to construct a single-car carport to the front of the existing
garage in order to provide protection for his current passenger truck which is too large
to fit in the garage. The garage will remain available for parking or storage.
Section 245 of the Texas Local Government Code requires that municipalities consider
private development requests "solely on the basis of the adopted requirements in effect
at the time of the original request for permit is filed". It is impossible today to verify the
specific regulations which were in force at the time the subject lot was created.
However, the residence was constructed in 1972, and therefore should comply with the
development laws in place at that time, which was the 1962 Zoning Ordinance.
ZBOA 2003-12
The 1962 Ordinance required one parking space per residential dwelling but does not
require that that space be covered or enclosed. That Ordinance required a front yard
setback of twenty-five (25) feet. The carport will be constructed the width of the
existing drive (18 feet) and 21 feet long, or 13.5 feet from the front property line rather
than the required 25 feet. This is a variance of 11.5 feet or 46 percent from the
requirement.
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:
I. 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 twenty-
three properties within 200 feet of this request, as required by State Law. No
responses had been submitted at the time of this posting.
ZBOA '"Y
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.
3, The City of Wylie currently requires that required parking spaces be 10 feet wide
and 20 feet long. The construction of the garage as proposed will comply fully with
this current regulation, and allow sufficient space for an oversized vehicle. The
remaining 1 .5 feet of drive will allow sufficient visibility and private maneuvering
room between the carport and the public street.
4. Wylie's parking spaces are larger than normally required elsewhere. Municipalities
often require 9 feet by 18 feet parking spaces, and it was not uncommon for older
regulations to allow as narrow as 8 feet spaces. The current State and National
requirement for handicapped parking spaces is 8.5 feet wide, when provided an
abutting dedicated landing/sidewalk of 3 feet. The size of the proposed carport and
drive is anticipated to accommodate most private passenger vehicles.
. Neighboring residences were constructed at varied times and in compliance with
varied code regulations. Other carports exist within the vicinity. The house
immediately to the north has a detached carport in the rear yard, and the next house
north has an attached carport in the front. The apartment/townhouses across
Second Street have carports and open spaces which are neither covered nor
enclosed. The duplexes further north on Second Street do have two-car garages.
The property abutting to the south is vacant and also owned and maintained by the
applicant as an extension of his yard.
6. The house was originally constructed 34.5 feet from the front property line rather
than the 25 feet required at the time. The enclosed garage and wider drive allowed
at least 3 parking spaces.
7. Although parking is today required to be enclosed, parking was not required to be
covered nor enclosed by the 1962 Zoning Ordinance to which the property is
allowed to comply. The need for a variance is, therefore, due to the applicant's
desire for a carport and is therefore largely self-imposed. However, the result
brings the property into closer compliance with the current requirement for covered
parking.
8. Alternative locations for the new oversized carport and parking are not accessed by
the drive and are further from the front door of the house. Thus, the developed lot
creates the hardship.
9. The requested front yard variance is 11.5 feet or 45 percent of the required length.
Attachment
Location Map
Site Plan (Illustrating requested variance)
Site Photographs
Zoning Ordinance Yard and Parking Requirements
Notification List and Map
Circle iiaiE_ rcL
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i Lot area shall be not lessthan 6, 500
d. .re Requirements: and .
square
feet witha minimum lot width of 6 , .fey
tminimum lot depth of 100 feet.
e. Yard Requirements: Each lot shall have front, side, and
rear yards not o less than the depths or widths as follows:
I . Front yard depth: 25 feet-
. Rear yard depth: 25 feet
•
3. Side and width: 10% of lot width_.
f. Offstreet Parking
and Suplementary Regulations: Refer to
Supplementary Regulations .
II. R- 0 -M
' � .rea of the main ui�.d�n all
a. Minimum Size: The �.r��not be less than 900 square feet exclusive of garages, breeze-
ways and servant quarters , ofMasonry
b.
or any higher type building al: The main structure shall be
'� I�r�a t e r� material.
c .
Building Height Limit:
No building shall exceed two and
�. (2-1/2) stories nor thirty five et.
d. one half thanrea c�e �
ire - eats: Lot area shall be not less
•
6, 500
square fetwlth minimum inimux lot widthof feet and a mini
a
roux. lot5,12.e. of 10 f et. ot shall have ran gy side, and e. hard Rec�u�.re nents. Each 1
._ . an the depths or widths as follows
rear yards not less th
( # 4.....:. Fro and .e jzf_.t.., c._______.
Rear yard depth: 25 feet
3. Side yard width: 10% of lot width
f. Supplementary Reba Refer to
off s treetParking_and upp _ - -__ - _ - �---.
Supplementary Regulations .
M. R-1100-M
• u . area of the main buildingshall
a. M�.x�.irzn i Thee minimum
be less than 1, 100 square feet exclusive ofgarages,
not
breezeways and servants quarters .
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C. Off s teet Parking
In order to reduce congestion in the streets the following offstreet
provided and maintained, the Owner
parking of
spaces shall be of this ordin-
ance, is
for each building which, after the date
the property, for anyof the follow-
ing erected, enlarged or altered for us
e ing purposes:
parking space for each d.��rl�.� � unit in
)t
1 . elling - at least one
the building or buildings .
Z.
Auditorium,• stadium, theater or other places of public assembly;
and consumption on the px�en��se of
establishments for the sale
.. least one parking space for each 150 square
food r evera at �
feet of floor area.
3. • � and assembly hallswithoutfixed
Dance halls, skating rinks, d (100)
space for each one hundred seats -� at least one parking sel •
square feet �.
floor area used for dancing, skating or as
4. Hotel - at least one parking
space for each two guest sleeping
rooms .
5. clinics is s - at least one parkingeta�� stores, office buildings, area.
space for each.
five-hundred (500) square feet of floor
• �- industrial or manufacturing es-
6. Shops, wholesale distributors,t r� u�o x s� thousand
at least one parking space for each one tabl�.sets
of floor area or for each five employees
(1, � squarefeet on the largest shift, whichever is greater.
h e .on the same lot with the building, ex-
cept1 re �.xe ar �z�g spaces s�ia�l al to:�' determines that i ins iratxc
that if the Governinga permit the parking
xne lot, said Governing Body x
pro-
vide parking on the feet f the ui�..d�.r�g.
apes to h on and l
ot within fivehundred (500)
NOTIFICATION REPORT
APPLICANT: Earnest Tackeff APPLICATION FILE ZBA 2003-12
414 S. Second Street Wylie,Texas 75098
LKIABST L T T ACT TAX 1.D. # PROPERTY OWNER NAME E , ADDRESS __I
---
--- -- Applicant - - ---------- -------414 S.Second Street
1 Earnest Tackett Wylie,Texas 75098
Lavon Terrace 408 S. First Street•
2 Blk A Lot 24 R-11 8- 01-020-1 Robert Wilhelm Wylie,Texas 75098
Lavon Terrace 410 S. First Street
3 Blk A Lot 25 R-11 8- 01- 2 0-1 Roger Barragan an _Wylie, Texas 75098
Lavon Terrace 412 S. First Street
4 Blk A Lot 26 F-11 8-001-020-1 Wanda Whitehead Wylie,Texas 76098
-
Lavon Terrace 414 S. First Street
5 Blk A Lot 27 R-i 1 8-001- 270-1 James Clifton Wylie, Texas 75098
Lavon Terrace 416 S. First Street
Blk A Lot 28 -11 8-001- 28 -1 Steven Alterio Wylie:Texas 75098
Lavon Terrace 1304 Parker Road
7 Blk A - -_Lot 29 R-11 8-001- 20-1 Billy Davis Wylie,Texas 75098
Trails Place 8754 FM 66
8 Blk A Lot 7 R-18 0-001- 070-1 John Willin•harm Grandview, Texas 76050-6817
Trails Place 6404 Ben Road
9 Blk A Lot 8A R-18 0-001-0 8A-1 Michael Campbell Garland,Texas 7 0 8-480
Trails Place 6404 Ben Road
10 Blk A Lot 8B -18 - 01- 8B-1 Michael Campbell Garland,Texas 75048-4806
Trails Place 8754 FM 6611 Blk A - Lot 9 R-1840-001-0090-1 John Willingham Grandview, Texas 76050-6817
Trails Place 1833 Logwood Road
12 BIk A Lot 10 R-18 0-001-0100-1 1 Joseph Geer e Kansas, OK 74347-9479
Trails Place 3310 Larkin Lane
13 Blk A -- Lot 11 R-18 -001- 11 A-1 Blair Cyres Rowlett,Texas 75089-2804
Trails Place 7424 Breckenridge Drive
14 Blk A Lot 12 -1 0-0 1- 1 0-1 I rishan Meta Plano,Texas 7 2 -2 28
Trails Place 8754 FM
15 Blk A Lot 13 R-18 0-0 1-0130-1 John Willingham Grandview, Texas 76050-6817
Second St.Addn 107 Red Oak Lane
16 Blk A Lot 1 R-1 8 -001-0010-1 Dean Goldsmith Hower Mound, Texas 75028-3538
300 E. Stone Road
17 81k 2 =IBIGIUMIM R-11 -002-0110-1 Sandra Phillips Wylie,Texas 75098
1130 Creekwood Drive
18 Abst. 2 -2 R-6920-002-0600-1 Donald Whitt Garland,Texas 75044-2412
412 S. Second Street
19 Abst. 920-2 Tract_ -- R- 9 0-0 - -1 Martha Dozier Wylie, Texas 7 098
Applicant 414 S. Second Street
20_ Abst. 920-2 Tract 1 R- 0- -001 -1 Earnest Tackett Wylie, Texas 75098
414 S. Second Street
21 Abst. 920-2 Tract 2 R- 9 -00 -0 0-1 Earnest Tac ett -- --Wylie,Texas 7 098
PO Box 518
22 Abst. 23 Tract 29 R- 02 -0 0-0 90-1 Melvin St.Johns Wylie,Texas 75098
Collin County 210 McDonald Street
23 ME FM 544/Stone RdCommissioner's Court_ MoKinne ,Texas 75069
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