05-18-2015 (Zoning Board of Adjustment) Agenda Packet Zoning of ustments
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,418137x,s NOTICE OF MEETING
Regular Meeting Agenda
Monday, May 18, 2015 — 6:30 p.m.
Wylie Municipal Complex — Council Chambers
300 Country Club Road, Building #100
Linda Jourdan Chair
Jason Potts Vice Chair
Robert Holcomb Board Member
William Hiney Board Member
Kevin Finnell Board Member
Karyn McGinnis Alternate Board Member
Andres Gonzalez Alternate Board Member
Renae' 011ie Planning Director
Jasen Haskins Sr. Planner
Mary Bradley Administrative Assistant
In accordance with Section 551.042 of the Texas Government Code, this agenda has been posted at the Wylie
Municipal Complex, distributed to the appropriate news media, and posted on the City website:
www.wylietexas.gov within the required time frame. As a courtesy, the entire Agenda Packet has also been posted
on the City of Wylie website: www.wylietexas.gov.
The Mayor and City Council request that all cell phones and pagers be turned off or set to vibrate. Members of the
audience are requested to step outside the Council Chambers to respond to a page or to conduct a phone
conversation.
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 972.516.6020.
Hearing impaired devices are available from the City Secretary prior to each meeting.
CALL TO ORDER
Announce the presence of a Quorum.
CONSENT AGENDA
1. Consider and act upon approval of the Minutes of the April 20, 2015 Meeting.
May 18,2015 Wylie Zoning Board of Adjustment Regular Meeting Agenda Page 2 of 2
REGULAR AGENDA
Public Hearing
1. Continue a Public Hearing to consider and act upon, a request from Caliber Collision for
a variance to Ordinance 2014-44, Section 22-447.a.c.1, regulation for maximum area for
an attached wall sign. Property located at 451 Westgate Way being Lot 1, Block A in the
Caliber Collision Addition. ZBA 2015-05.
2. Hold a Public Hearing to consider and act upon, a request from Glen Perkins for a
variance to Ordinance 2014-44, Section 22-450(3)c Promotional Signage requiring
promotional signs to be displayed for no more than 2-2 week periods, property located at
2300 W FM 544 being Lot 1 Block A of the Medical Plaza Addition. ZBA 2015-10
ADJOURNMENT
CERTIFICATION
I cert5 that this Notice of Meeting was posted on this 15th day of May, 2015 at 5:00 p.m. as required by law in
accordance with Section 551.042 of the Texas Government Code and that the appropriate news media was
contacted. As a courtesy, this agenda is also posted on the City of Wylie website: www.wylietexas.gov.
Carole Ehrlich,City Secretary Date Notice Removed
This page is intentionally blank
Wylie Zoning Board of
CITY OF WYLIE Adjustment
Minutes
Zoning Board of Adjustment
Monday, April 20, 2015 — 6:30 pm
Wylie Municipal Complex — Council Chambers
300 Country Club Road, Building 100
CALL TO ORDER
Chair Linda Jourdan called the meeting to order at 6:31 p.m. and stated that a
quorum was present. Board Members present were; Vice Chair Jason Potts,
Board Member Robert Holcomb, Board Member Kevin Finnell and Board
Member Bill Hiney.
Staff members present were: Jasen Haskins, Planner and Mary Bradley,
Administrative Assistant.
CONSENT ITEMS
1. Consider and act upon approval of the Minutes of the March 16, 2015
Meeting.
A motion was made by Board Member Holcomb and seconded by
Board Member Hiney, to approve the Minutes with changes noted to
reflect results from vote. Motion carried 5 — 0.
PUBLIC HEARINGS
Item 1 —ZBA 2015-05
Hold a public hearing to Consider and act upon, a request from Caliber
Collision for a variance to Ordinance 2014-44, Section 22-447.a.c.1, regulation
for maximum area for an attached wall sign. Property located at 451 Westgate
Way being Lot 1, Block A in the Caliber Collision Addition. ZBA 2015-05.
Staff Comments
Mr. Haskins stated that the property owner never filed final plat. The
property is classified as "Legally Nonconforming" until the plat is filed.
Minutes April 20, 2015
Wylie Zoning Board of Adjustment
Page 1 of 6
Staff is asking the Board Members to table the item until May 18, 2015,
giving the applicant additional time to file the plat.
Public Comments
Chair Jourdan opened the Public Hearing.
Board Discussion
Board Member Finnell questioned if the applicant considered the
location of the facility before construction. One of the written
statements from the applicant was visibility to FM 544 due to Chili's.
Mr. Brian Killebrew, Building Official stated that the applicant
constructed their building before the new sign ordinance, which allows
450 square feet in length for the maximum wall signage. However, the
applicant is requesting the variance to go over the required two feet
height.
Board Action
A motion was made by Board Member Holcomb, and seconded by
Board Member Potts, to Table the request until May 18, 2015, to allow
additional time for the applicant to file the plat. Motion carried 5 — 0.
Item 2 ZBA 2015-06
Hold a public hearing to consider and act upon a request from Napa Auto
Store for a variance to Ordinance 2014-44, Section 22-447.1 .c.1, to allow
three franchise signs; one of the front facade and two on the side of the
building. Property located at 1303 Century Way, Lot 1R1, Block C, of
Century Business Park. ZBA 2015-06.
Staff Comments
Mr. Haskins stated that the applicant is Napa Auto Store, which is a
new development being constructed at 1303 Century Way. The
applicant is requesting three sign variances. However, the applicant is
requesting two signs be 39 inches in height, and the other is 69 inches
in height.
The location of the development is approximately 90 feet from Century
Way, the ordinance allows maximum two feet in height when mounted
to a building that is within 100 feet of a street.
Minutes April 20, 2015
Wylie Zoning Board of Adjustment
Page 2 of 6
Public Comment Forms were mailed to 13 property owners within the
200 feet of this request, four responses were received. Three
responses were in favor and one response in opposition of the request.
Public Comments
Chair Jourdan opened the Public Hearing.
Mr. Bryan Rogers, 511 Rustic Place, Wylie, represented the builder of
the subject property, and stated that the franchise provides various
signs to the franchisee. The request is for the smallest sizes available.
The proposed signs will be mounted on two locations on the building.
Two will be to the side of the building, in order to draw traffic from
Highway 78 and the other to the front of the building. The backboard of
the signs to the back of the building will be over the two feet in height
requirement.
Chair Jourdan closed the Public Hearing.
Board Action
A motion was made by Board Member Finnell, and seconded by Board
Member Hiney, to Grant the variance for three signs, two 39 inches
and one 69 inches in height. Motion carried 5 — 0.
Item 3 ZBA 2015-07
Hold a public hearing to consider and act upon a request from Rene
Lawson for a variance to Section 11.3.c of the 1985 Zoning Ordinance for
properties requiring a minimum 25 foot rear setback for accessory
buildings, property located at 813 Autumn Hill Drive, Lot 16, Block E of
Quail Hollow Estates Addition. ZBA 2015-07
Staff Comments
Mr. Haskins stated that the applicant is requesting a variance to the 25
foot rear yard setback requirement to be reduced to eight feet. The
applicant desires to construct a two-car carport to the rear of the
property.
The unique circumstance may exist due to the residence being a rear
entry garage. Traffic is limited to the homeowners in the area and the
utility easements run perpendicular in this subdivision.
Public comment forms were mailed to 26 property owners within 200
feet, and one response in favor of the request was received. No
comment forms were received in opposition.
Minutes April 20, 2015
Wylie Zoning Board of Adjustment
Page 3 of 6
Public Comments
Chair Jourdan opened the Public Hearing.
Mr. and Mrs. Billy Lawson, 813 Autumn Hill Drive, the applicants,
stated that they have a two car garage, which is used as a garage and
not as storage. However, they have more than two vehicles, and the
desire to protect all vehicles from weather elements.
The carport will be adjacent to the house, with four wooden posts and
an approximate two foot overhang past the posts.
Chair Jourdan closed the Public Hearing.
Board Action
A motion was made by Board Member Hiney, and seconded by Board
Member Finnell, to Grant the variance for minimum eight foot rear
setback allowing a two-car carport. Motion carried 5 — 0.
Item 3 ZBA 2015-08
Hold a public hearing to consider and act upon a request from Randy
Glenn for a variance to Section 20.3.1.c of the 1985 Zoning Ordinance
regarding building setbacks. Property located 209 Industrial Court, Lot 5 of
Railroad Industrial Park Addition. ZBA 2015-08
Staff Comments
Mr. Haskins stated that the 1985 Zoning Ordinance requires twenty
(20) feet front yard setback. The property is for sale, and in preparing
the survey, it was determined that the main structure did not meet the
required setback. The original permit was likely issued in the late
1980's and may have inadvertently allowed for the error.
The property has a 14.4 foot front setback and the 1985 Zoning
Ordinance requires a 20 foot setback. Staff would deem the property
as Legally Non-Conforming. However, if the variance is allowed the
property would be deemed Legally Conforming which is preferable.
Further, it is the intent of the potential buyer, Wylie Economic
Development Corporation (WEDC), to redevelop the area at a point in
the future so a time limit could be put on the approval, if so voted.
Public comment forms were mailed to 16 property owners. One
response was received in favor and no responses received in
opposition of the request.
Minutes April 20, 2015
Wylie Zoning Board of Adjustment
Page 4 of 6
Public Comments
Chair Jourdan opened the Public Hearing.
Mr. Sam Satterwhite, Director of WEDC, 250 Highway 78, stated that
the size of the building is 3500 square feet. The desire in the future is
to redevelop several properties on Industrial Court. WEDC owns all but
one tract of land at this time. However, until the one tract of land is
purchased, the intent is to rent the subject property until the area
becomes re-developable.
Chair Jourdan closed the Public Hearing.
Board Action
A motion was made by Board Member Holcomb, and seconded by Board
Member Hiney, to Grant the variance to Section 20.3.1.c , allowing for a
14 foot front yard setback. Motion carried 5 — 0.
Item 3 ZBA 2015-09
Hold a public hearing to consider and act upon a request from Eastfork
Special Utility District to Section 9.5 of the Zoning Ordinance to Expand
a non-conforming structure. Property located at 1355 Troy Road, Lot 25,
Block G of Bozman Farm Estates, Phase 1C Addition. ZBA 2015-09
Staff Comments
Mr. Haskins stated that the applicant is Eastfork Special Utility District
(EFSUD). The applicant is proposing to expand the office space. The
current building is a legally non-conforming metal building. The
Ordinance requires all commercial facilities to have masonry exteriors.
Staff was informed that EFSUD is looking at other properties in which
to build a more permanent solution, but until such time they are asking
for a variance so they can add a 1,300 square foot expansion to the
current facility.
Comment forms were mailed out 22 property owners within the 200
feet. One comment was received in favor and one in opposition of the
request.
Public Comments
Chair Jourdan opened the Public Hearing.
Mr. Matt Boley, 118 McKinney, Farmersville, Texas, consultant
engineer for the subject property, stated that the applicant desires to
Minutes April 20, 2015
Wylie Zoning Board of Adjustment
Page 5 of 6
expand the back portion of the building. A new facility will be
constructed at a later time at a new location. However, the existing
building and the proposed expansion on the subject property will be
used for fieldworkers and storage. The subject request for a variance
to an expansion is permanent, and Mr. Boley provided no reason as to
why the permanent expansion was needed.
Board Member Holcomb questioned if temporary structures were
considered until the new facility is constructed. Mr. Boley was unable
to answer.
The covered parking will be on the north and west side of the property.
Mr. Todd Stone, 1607 Crescent Oak, spoke in opposition of the
request, encouraged the Board Members to require the applicant to
come in conformance.
Mr. John McCarty, 1333 Canyon Creek, spoke in opposition of the
request, stating that it is a bad idea.
Chair Jourdan closed the Public Hearing.
Board Discussion
The Commissioners discussed the lack of unique circumstance and
hardship for the request.
Board Action
A motion was made by Board Member Holcomb, and seconded by
Board Member Finnell, to Deny the request for expansion of a non-
conforming structure. Motion carried 4 — 1, with Chair Jourdan voting in
opposition.
ADJOURNMENT
A motion was made by Board Member Finnell, and seconded by Vice Chairman
Potts to adjourn the meeting. All Board Members were in consensus, and the
meeting adjourned at 7:40p.m.
Linda Jourdan, Chair
ATTEST:
Mary Bradley, Administrative Assistant
Minutes April 20, 2015
Wylie Zoning Board of Adjustment
Page 6 of 6
Wylie Zoning Board of
_74/111 Adjustment
CITY OF WYLIE
AGENDA REPORT
Meeting Date: May 18, 2015 Item Number: 1
Department: Planning Case Number: 2015-05
Prepared By: Jasen Haskins Project Location: 451 Westgate
Date Prepared: May 7, 2015 Subdivision Name: Caliber Collision Addition
Location Map,Applicant
Exhibits, Notification List and
Exhibits: Map with Responses
Subject
Continue a public hearing to consider and act upon, a request from Caliber Collision for a Variance to
Ordinance 2014-44, Section 22-447.1.c.1, regulation for maximum area for an attached wall sign. Property
located at 451 Westgate Way being Lot 1, Block A in the Caliber Collision Addition. ZBA 2015-05
Discussion
Applicant: Robert McDonald Owner: Caliber Collision
REMOVE FROM TABLE
The subject property is located at 451 Westgate Way. The property is 2.0 acres currently zoned Commercial
Corridor(Special Use Permit).
The applicant is proposing to add an attached lighted wall sign to the south side of the main structure. The
proposed sign is approximately 38-1/2" in height and 24'8" in length. Currently, the Ordinance only allows for
signs to be a maximum of 2' in height when mounted to a building that is within 100' of a street. Caliber
Collision is approximately 70' from Westgate.
The intent of the Ordinance is to reduce distraction for motorists and pedestrians and reduce visual clutter.
Because the requested sign exceeds the allowed height by 14-1/2" (38%), the applicant is requesting a variance
to Section 22-447.1.c.1 of Ordinance 2014-44.
The applicant maintains that due to the property's location off of Westgate, north of a Chili's restaurant the sign
size allowed by the Ordinance is insufficient to attract attention to the property from the traffic on FM544.
Public comment forms were mailed to 8 property owners within 200 feet of this request, as required by State
Law. No responses have been received at the time of this posting.
The Board shall not grant a variance to the development code which:
(1) Permits a land use not allowed in the zoning district in which the property is located; or
(2) Is in the public right-of-way or on public property; or
(3) Alters any definition of the development code; or
(4) Is other than the minimum variance that will afford relief with the least modification possible to the
Page 1 of 2
Page 2 of 2
ZBOA 2015-05
requirements of the development code; or
(5) Is based on physical conditions or circumstances of the property so general or recurring in nature as to
reasonably make practicable the formulation of a general regulation to be adopted as an amendment to
the development code; or
(6) Is based exclusively on findings of personal or financial hardship.
In order to grant a variance to the development code the Board shall find that all the following have been
satisfied:
(1) That there are unique physical circumstances or conditions of the lot, or other exceptional physical
condition particular to the affected property;
(2) That because of these unique physical circumstances or conditions, the property cannot be reasonably
developed or used in compliance with the provisions of the development code;
(3) That due to such unique physical circumstances or conditions, the strict application of the development
code would create a demonstrated hardship;
(4) That the demonstrable hardship is not self-imposed;
(5) That the variance if granted will not adversely affect the proposed development or use of adjacent
property or neighborhood;
(6) That the variance, if granted will not change the character of the zoning district in which the property is
located;
(7) That the variance, if granted is in keeping with the intent of the development code; and
(8) That the variance, if granted will not adversely affect the health, safety or welfare of the citizens of
Wylie.
Per Section 8.4.E.1 The administrative procedures and requirements of the ordinance, with regard to
Commission consideration and action, on concept plans, detail site plans, preliminary plats and final plats, must
be exhausted prior to requesting a variance from the terms of this ordinance.
Because the owner has not filed the Final Plat with Collin County, it is staffs recommendation that all
procedures have not yet been exhausted and therefore this request should not be granted. However,
because the case was properly advertised, the public hearing should be held and afford any interested
person to provide comment.
Approved By
Initial Date
RO 05-07-15
Department Director
Wylie Zoning Board of
_74/111 Adjustment
CITY OF WYLIE
AGENDA REPORT
Meeting Date: May 18, 2015 Item Number: 2
Department: Planning Case Number: 2015-10
Prepared By: Jasen Haskins Project Location: 2300 W FM 544
Date Prepared: May 7, 2015 Subdivision Name: Medical Plaza Addition
Location Map, Earth and Street
views,Notification List and
Exhibits: Map with Responses, Letter
Subject
Hold a public hearing to Consider and act upon, a request from Glen Perkins for a Variance to Ordinance
2014-44, Section 22-450(3)c Promotional Signage requiring promotional signs to be displayed for no more than
2-2 week periods, property located at 2300 W FM 544 being Lot 1 Block A of the Medical Plaza Addition.
ZBA 2015-10
Discussion
Applicant: Glen Perkins Owner: PM Wylie MOB,LP
The subject property is located at 2300 W FM 544 in the Medical Plaza Addition. The property is 3.302 acres
and currently zoned PD 2012-03.
The applicant is proposing to extend the time temporary signage is allowed. Currently, the Ordinance only
allows temporary signs for 2-2 week periods each year.
Therefore, the applicant is requesting a variance to Section 22-450(3)c of Ordinance 2014-44.
The applicant has provided a written statement(attached) as to the reason for the request.
A unique circumstance may exist as the ordinance was written and intended for business Grand Openings and
special promotional events. This property has a use that is similar to phased residential or commercial
construction on which the City allows longer-term, albeit hardier, temporary signage.
Public comment forms were mailed to 5 property owners within 200 feet of this request, as required by State
Law. No responses have been received at the time of this posting.
The Board shall not grant a variance to the development code which:
(1) Permits a land use not allowed in the zoning district in which the property is located; or
(2) Is in the public right-of-way or on public property; or
(3) Alters any definition of the development code; or
(4) Is other than the minimum variance that will afford relief with the least modification possible to the
requirements of the development code; or
(5) Is based on physical conditions or circumstances of the property so general or recurring in nature as to
Page 1 of 2
Page 2 of 2
ZBOA 2015-10
reasonably make practicable the formulation of a general regulation to be adopted as an amendment to
the development code; or
(6) Is based exclusively on findings of personal or financial hardship.
In order to grant a variance to the development code the Board shall find that all the following have been
satisfied:
(1) That there are unique physical circumstances or conditions of the lot, or other exceptional physical
condition particular to the affected property;
(2) That because of these unique physical circumstances or conditions, the property cannot be reasonably
developed or used in compliance with the provisions of the development code;
(3) That due to such unique physical circumstances or conditions, the strict application of the development
code would create a demonstrated hardship;
(4) That the demonstrable hardship is not self-imposed;
(5) That the variance if granted will not adversely affect the proposed development or use of adjacent
property or neighborhood;
(6) That the variance, if granted will not change the character of the zoning district in which the property is
located;
(7) That the variance, if granted is in keeping with the intent of the development code; and
(8) That the variance, if granted will not adversely affect the health, safety or welfare of the citizens of
Wylie.
Approved By
Initial Date
RO 05-07-15
Department Director
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LOCATION MAP
ZBA CASE #2015- 10
PM Wylie MOB, LP
Wylie Medical Plaza—2300 FM 544—Wylie,TX
The city recognized the need for granting liberal building signage as reflected in the current PD zoning.
However, due to the confusion among the Wylie community as to the building's actual use/purpose, the
building has experienced much lower than expected patient volumes. This has translated into an inability
to attract new specialists for whom that liberal building signage was to be designed.
Many believe, even two years later, that the facility is a hospital, not a medical office building. This
confusion as to the building's use has been conveyed to us by physicians currently practicing in the
building as well as residents of the community. Upon calling the city to discuss something about our
building, we even had some city staff acknowledge they were unaware of Wylie Medical Plaza; once we
described it and its location,their response was "Oh,the Lake Pointe hospital building!" In hindsight, we
would qualify this under"the law of unintended consequences" in having the ER opening simultaneously
with the overall building. Additionally,we believe the prominent LP signage and required Emergency way-
finding signage reinforces this misconception. Two of our ENT doctors in Wylie Medical Plaza even noted
that 80%of the volume of patients seen in the Murphy facility are actually residents of Wylie.
In short, we have installed 2 large banners as a community service to counter this misconception. One
reads: "Need a Doctor Closer to Home?" The second reads: "Does your Doctor Office Here?" In an effort
to convey to the citizens they don't have to travel to another community to find an outstanding doctor,
we are hopeful the city will provide an extension on the length of time the banners might remain on the
building. We believe the message we're trying to convey via the banners benefits the community as a
whole and we'd like to leave the banners up for an extended period. Equally as important, if we can drive
more volume to the building, we are hopeful we can recruit other physician specialties that are currently
underserved or non-existent in the Wylie community, a clear benefit to all.
Sign�F Construction working hours are 6:00 am to 9:00 pm Monday through Saturday and are regulated by April 15,2015
CITY OF T r YLIE a City of Wylie ordinance and are activetly enforced by the City of Wylie Police Deparment
Phone:972-516-6420 http://permits.wylietexas.gov/impactwebclients/permits/permits.aspx Fax:972-516-6432
Job Address: 2300 FM 544 W Permit Number SIGN-15-1555 Issue Date: April 15,2015
Subdivision: Project Name: Pm Wylie Mob,LP
Lot: Block: Building/Permit Fee:
Front Set Back: Rear Set Back: Side Set Back: Water Impact Fee:
Description: 2 banners attached to building-(1)Need a doctor closer to home?(2)Does your doctor officer Sewer Impact Fee:
here? DISPLAY DATES:4/6/15-4/20/15
Pm Wylie Mob,LP Roadway Impact Fee
Fire Fee:
Contractor Code
NOTE
Demolition permits expire 30 days after issue.Irrigation and Fence permits expire 60 days after issue.,Temporary Cut In Electrical,
Gas and Sign permits expire 90 days after issue date.All other permit types expire 180 days after issue date.
All Provisions of laws and ordinances governing this type of work must be complied with whether specified herein or not.The granting
of a permit does not presume to give authority to violate or cancel the provisions of any other federal,state or local law
regulating construction or the performance of construction.
This permit becomes void if work or construction authorized is not commenced within 180 days,or construction on work is suspended
or abandoned for a period of 180 days at any time after work is commenced.
11 City of Wylie-300 Country Club,Bldg 100-Wylie,Tx 75098-www.wylietexas.gov Page 1 of 1
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OWNER NOTIFICATION MAP
ZBA CASE #2015- 10
NOTIFICATION REPORT
APPLICANT: Glen W. Perkins APPLICATION FILE 2015-10
2828 Routh Street#700 Dallas,Texas 75201
# , BLK/ABST LOT/TRACT TAX I.D. # PROPERTY OWNER NAME ADDRESS
Applicant 2828 Routh Street#700
1 Glen W. Perkins Dallas,Texas 75201
Medical Plaza Addn 2828 Routh Street#700
2 Blk A Lot 1 R-10333-00A-0010-1 PM Wylie MOB, LP Dallas,Texas 75201
Wylie Civic Center 300 Country Club Road
3 Blk A Lot 4 R-10086-00A-0040-1 City of Wylie Wylie,Texas 75098
PO Box 307
4 Abst 563 Tract 2 R-6563-000-0020-1 Parker/Scholz Properties, Ltd Wylie,Texas 75098
PO Box 307
5 Abst 841 Tract 1 R-6841-000-0010-1 Parker/Scholz Properties,Ltd Wylie,Texas 75098
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