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02-18-2019 (Zoning Board of Adjustment) Agenda Packet Zoning oar o Ad . us men filVa,,,,,,,,,s, 0 F wt„,,,. 44„„,„,,,, ,..„ _(5,--- --_,..., re„ ,., , , „ ..„ Ai., ,.._ ii, „..,„ , ___ ,ILL .4' -,./ iflOr 19C, .,., ( i. ` . " er .(, r ' ✓,a . , ,k ,,, � �„,x \\\ss\\,...„.....„„,...._ �,,,„ . siii FE RAiLw 4 v Alcill7111111:1:30,COLOR400 7 _ 'rE OF It e ruary 9 Regular Business Meeting Zoning Board of Adjustment NOTICE OF MEETING Regular Meeting Agenda February 18, 2019 — 6:30 pm Wylie Municipal Complex - Council Chambers 300 Country Club Road, Building #100 Wylie, TX 75098 Linda Jourdan Chair Jason Potts Vice Chair Kevin Lanier Board Member Andres Gonzalez Board Member Byron Betler Board Member Robert Blair Alternate Board Member Lisa Shields Alternate Board Member Renae 011ie Planning Director Jasen Haskins Sr. Planner Kevin Molina 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.wvlietexas.gov within the required time frame. As a courtesy, the entire Agenda Packet has also been posted on the City of Wylie website: www.wvlietexas.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 CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Board regarding an item that is not listed on the Agenda. Residents must fill out a non- agenda form prior to the meeting in order to speak. Board requests that comments be limited to three(3) minutes. In addition, Board is not allowed to converse, deliberate or take action on any matter presented during citizen participation. CONSENT AGENDA A. Consider and act upon approval of the Minutes for the January 21, 2019 Meeting. February 18,2019 Zoning Board of Adjustment Regular Meeting Agenda Page 2 of 2 EXECUTIVE SESSION If during the course of the meeting covered by this notice, the Planning & Zoning Commission should determine that a closed or executive meeting or session of the Planning & Zoning Commission or a consultation with the attorney for the City should be held or is required, then such closed or executive meeting or session or consultation with attorney as authorized by the Texas Open Meetings Act, Texas Government Code § 551.001 et. seq., will be held by the Planning & Zoning Commission at the date, hour and place given in this notice as the Planning & Zoning Commission may conveniently meet in such closed or executive meeting or session or consult with the attorney for the City concerning any and all subjects and for any and all purposes permitted by the Act, including, but not limited to,the following sections and purposes: Texas Government Code Section: § 551.071—Private consultation with an attorney for the City. REGULAR AGENDA Public Hearing 1. Hold a public hearing to consider and act upon a request from Cesar Figueroa for a variance to Section 9.5.a of the zoning ordinance to allow for an increase in square footage of a non- conforming single family detached house for the addition of a garage, and front/rear porch with siding exterior material on a property zoned Multi-Family (MF). Property located at 407 Masters Avenue. ZBA 2019-02 2. Hold a public hearing to consider and act upon a request from Tommy Reuthinger for a variance to Section 7.1 of the Zoning Ordinance to allow for a decrease to the residential proximity slope to 20 feet in lieu of a 70 foot requirement. Property located at 600 Marble Street,being Lots 1B, 2B, and 3B, Block 13 of Railroad Addition. ZBA 2019-03 ADJOURNMENT CERTIFICATION I cert that this Notice of Meeting was posted on February 15, 2019 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.wvlietexas.gov. Stephanie Storm,City Secretary Date Notice Removed 0,001 01V0v11t Zoning Board of Adjustment 'I iIIP iUu Minutes Regular Meeting January 21, 2019—6:30 p.m. Wylie Municipal Complex— Council Chambers 300 Country Club Road, Bldg. 100 Wylie, TX 75098 CALL TO ORDER Announce the presence of a Quorum. Chair Linda Jourdan called the meeting to order at 6:30 and announced the presence of a quorum. Board Members in attendance; Vice Chair Jason Potts, Board Member Andres Gonzalez, Board Member Byron Betler, and Board Member Lisa Shields. Staff present were; Ms. Renae' 011ie, Planning Director, Mr. Jasen Haskins, Senior Planner, Mr. Kevin Molina, Planner and Ms. Mary Bradley,Administrative Assistant. CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Board regarding an item that is not listed on the Agenda. Residents must fill out a non- agenda form prior to the meeting in order to speak. The Board requests that comments be limited to three (3) minutes. In addition, Board is not allowed to converse, deliberate, or take action on any matter presented during citizen participation. No one came forward. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. A. Consider and act upon approval of the Minutes for the October 22,2018 Meeting. Council Action With no comments or revisions, a motion was made by Vice Chair Potts, and seconded by Board Member Gonzales,to approve the minutes for the October 22, 2018 Meeting. A vote was taken and carried 5 —0. REGULAR AGENDA Public Hearing Minutes January 21,2019 Zoning Board of Adjustment Page 1 1. Hold a Public Hearing to consider and act upon a request from Colton Tapp for a variance to Section 3.3.a of the Zoning Ordinance to allow a side yard less than 30 feet and lot size 2,820 square feet in lieu of 3,000 square feet. Property located 611 Walton Way, being Lot 1, Block C of The Village Addition.ZBA 2019-01 Staff Comments Ms. 011ie stated that the property is located at 611 Walton Way and is currently zoned Multi-Family and platted since 2003. The subject lot sits a little more than 200 feet from the primary entrance into the subdivision. The purpose of the request is to allow the applicant to subdivide Lot 1 into two separate lots. The applicant desires to construct an additional dwelling unit on the west side of the existing structure. The applicant is requesting a variance to the development standards requiring a lot width of a minimum of 30 feet and a minimum lot size of 3,000 square feet for interior lots. According to the Thoroughfare Driveway Standards,the driveways must be located a minimum of 30 feet from a secondary street's end of curb radius. Based upon the conceptual layout submitted, this requirement would not be met for a driveway approach on Walton Way for the new dwelling. Thirty-five notifications mailed, as required by State Law. No comments forms in favor or in opposition were received. Board Comments Chair Jourdan opened the Public Hearing. Vice Chair Potts asked if the property would be occupied by the current owner or if it would be a rental property and for the reason for subdividing the property. Mr. Colton Tapp, 2250 Sachse stated that he has owned the property for four years and that it was a rental property. Mr. Tapp explained that the lot is the largest lot in the subdivision, and the tenant that is occupying the existing structure does not want to maintain the current yard. An outline of the proposed new structure was done,with access from Stephanie Street. The new structure would cover up the windows to the existing structure. Mr. Tapp also stated that the drive could also be placed on Stephanie Street and that the dwelling would be similar to the existing townhome. Board Member Betler questioned the circumstantial hardship. Mr.Betler stated that the lot is one of the first properties noticed when driving into the subdivision. Mr. Tapp stated that the lot is 45 feet in the back and 65 feet across the whole property and that the lot had an irregular shape with it almost being the right size for two dwelling units. Ms. 011ie stated that the backside does meet the 45 feet and it is measured at the front building line, with the property being a corner lot the setbacks did not meet the ordinance. Vice Chair Potts questioned if there was an easement on the property for utilities. Ms. 011ie stated that according to the survey, a 10 feet public utilities easement is located in the back of the property. Chair Jourdan closed the Public Hearing. Board Discussion Staff reviewed the request for variances. The existing lot would be 20 feet at the building line as opposed to 30 feet width. The existing structure and the proposed dwelling would each become single lots. The proposed new lot would have 13 feet width at the building line as opposed to 45 feet width. The existing Minutes January 21,2019 Zoning Board of Adjustment Page 2 lot would become less than 3,000 square feet as required by the ordinance with the newly created lot being greater than 3,000 square feet and in conformance. Board Action A motion was made by Chair Jourdan, seconded by Board Member Shields to approve the request with the stipulation that the driveway be on Stephanie Street. The property being located at 611 Walton Way, being Lot 1, Block C of The Village Addition. A vote was taken and failed 2 — 3. No other action was taken. ADJOURNMENT A motion was made by Commissioner Gonzalez and seconded by Commissioner Betler, to adjourn the meeting.A vote was taken and carried 5 —0. Linda Jourdan, Chair ATTEST: Mary Bradley,Administrative Assistant Minutes January 21,2019 Zoning Board of Adjustment Page 3 Wylie Zoning Board of Adjustment CITY OF WYLIE AGENDA REPORT Meeting Date: February 18, 2019 Item Number: 1 Department: Planning Case Number: 2019-02 Prepared By: Kevin Molina Project Location: 407 Masters Avenue Lot 5R, Block 23 Railroad Date Prepared: February 11, 2019 Subdivision Name: Addition Location Map, Site Layout, Notification List and Map Exhibits: with Responses Subject Hold a public hearing to consider and act upon a request from Cesar Figueroa for a variance to Section 9.5.a of the zoning ordinance to allow for an increase in square footage of a non-conforming single family detached house for the addition of a garage, and front/rear porch with siding exterior material on a property zoned Multi- Family (MF). Property located at 407 Masters Avenue. ZBA 2019-02 Discussion Applicant: Cesar Figueroa Engineer: JD Rivero Inc. The applicant is requesting for a variance to allow for the expansion of a single-family detached house. This expansion is not allowed without a variance as single-family detached houses are not allowed within the Multi-Family zoning district. The existing house is currently classified as a legal non-conforming use and is not allowed to be increased in square footage. The zoning board of adjustments has the authority to allow for the expansion of a non-conforming use on a case by case basis. The applicant's house was constructed in 1960 prior to the adoption of the first zoning map. The homes to the north, east and west are also zoned in the Multi-Family district and are also legal non-conforming single-family detached homes. This particular block of properties enclosed by streets East Oak Street, South 5" Street, Masters Avenue, and South 4" Street share unique conditions as they all were constructed as single-family detached homes and were classified as non- conforming after the adoption of the first zoning map. The applicant is requesting to allow for the addition of a garage, front porch and rear porch. The new additions will use the same exterior material and roofing as the existing house. All setbacks and height requirements will comply with the minimum requirements typically found in the single-family zoning. On February 12t'the City Council approved a Replat that established the property lines and building setbacks for existing and future additions that the applicant seeks. Public Comment forms were mailed to 14 property owners within 200 feet of this request, as required by State Law. No comment forms were received in opposition or in favor at the time of 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 Page 1 of 2 Page 2 of 2 ZBOA 2019-02 (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 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 02-13-19 Department Director Notification Map 1 10„, I 00 602 ®� m, 10 ��® VILLAGE.. .. .. .. �.® ........ aka ®®` � 1a � o I "�® EAST � , ARTMENTS __ __ V, � U ..�m�........➢..kmM Immmmmm,...... • 101 ........ �..........L.. p...... RAILROAD / 106 �..,m.I c 1 r a LT 1 i 11. ♦♦♦♦♦♦♦♦♦♦♦♦♦�♦�♦�♦�♦���.�.�.�.�.�. I CO 1 i : ♦♦♦♦i♦♦♦♦♦ i♦♦♦♦i,♦i♦iI " i ♦♦♦♦[fr♦♦♦®..®®®®®♦�♦�♦4 I C I i i♦i♦i♦i♦i♦i♦i♦i♦i♦i♦i♦i♦i♦i♦i♦i♦i♦i 60 1 [ I ♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦ i i I i i i ® MASTERS AVE t r i r ® / ®®I a ''''.RAILROAD 0.71. ' A 60 mm.m [m..mmmmmmmmmmmm.�.mmmmmmmmmmmmmmm ZBA 2019-02 407 Masters t r` __f' n nm inm inm ii 1 � al 111} 1 .. 200 Foot Notifcation Buffer ��♦�♦�♦�♦�� Subject Property 0 _ _ , ',.i -----� ,4 �t r # 0ifJ 1111a1T III /♦♦♦♦♦ > ' III ♦♦♦♦♦� C �v 0 30 60 120 180 240 3006 Feet ri�. i,,, "Tr u tro N0 oW SQUARE FOOTAGE ,111 d _ o0 EXISTING LIVING AREA APPROX 2020 S.F. / o'—o" / w°s ADDITION LIVING AREA APPROX 71 S.F. / o'—B" / / v" / 6wg wzw aoQ zz TOTAL LIVING AREA APPROX, 2091 S.F. \ \ -----------/ a9sa3s'Ei2a' PROPER LINE -__-_ O \ d�wF >�E 4, IN RIOR REMODEL LIVING APPROX, 784 S.F. I i o O. AREA ,9 m ADDITION PORCH APPROX, 330 S.F. s ADDITION GARAGE APPROX. 450 S.F. I I tm I I oog `- ADDITION PATIO APPROX. 161 S.F. EXISTING FOUNDATION APPROX. 2020 S.F. 1 : ,, ADDITION SLAB APPROX. 1012 S.F. I Eh EAw F TOTAL FOUNDATION APPROX. 3032 S.F wl ONE STORY I o EP° 'LP ,N Iz TOTAL COVERED AREA APPROX 3032 S.F. 7 r1 SINGLE FAMILY wIE O El IJ o,,, how w� RESIDENCE LOT SIZE APPROX 15000 S.F. Q of I1 E OF COVERED AREA APPROX, 20 0 00w -1 I� '�I 1= ;oo ¢goE'° oI r: Q _'12 FOye � oOF ©ADDITION I I'n mad I U N ❑INTERIOR REMODEL I I zr,;- DREMAIN TO EXISTING 1 `= ^ g C ...ter ...... W LOT 9A 1 LOT 8 LOT 7 LOT 6 "`;: :°N •,.. 1 - �erocwry.;,.. LOT 5 I LOT 4 Legal Desc (Current 2019) I � ` '':',,',.....' lull RAILROAD, BLK 23, LOT 5 6 7 8 NB9"5433'W,70'PROPERTY LINE __ __---�3 � JD RIeVERONC. Blueprint rmit Constructions NAME SHEET: SITE PLAN NORTH :...:.... . . . . .... ........:.r ADDRESS: 407 MASTERS AVENUE, WYLIE TX 75098. MASTERS A V E N U E . PROJECT: ADDITION/INTERIOR REMODEL DATE: D1/18/2019 SCALE SHEET: 1 SITE PLAN 1'= 2O' SP SP SCALE:1"=20' OWNER: FIGUEROA—AGUILAR CESAR E DRAWN BY: project®;dfive,O.c om 88'-3 /p 1 FLOOR PLAN NOTES: ° _F o 1. ALL STRUCTURAL INFORMATION SHOWN FOR REFERENCE PURPOSES ONLY , a __ E CONTRACTOR SHALL HAVE LICENSED STRUCTURAL ENGINEER REVIEW AND ''n DESIGN ALL STRUCTURAL ELEMENTS SUCH AS ALL FRAMING WALLS.BEAMS, NM xmsx/oc >0 aoz-a ,E84 °uu s HIE' m o 0 CONNECTION. HEADERS,JOIST AND RAFTERS ---- --- ¢a H p 0 3 a 2. ALL DIMENSIONS ARE FROM FACE OF STUD TO FACE OF STUDS UNLESS ± IAIN N PLACOVERED LANS '_e UTILITYM0L,1 WAY FROM PUVISUA1MN NT r z°'M 0 W D 5. CONTRACTOR SHALL COORDINATE ALL CLOSET NTS WNGS, WMNNUTILITY F R ul NBEFOREIOWW MMMXIMUISH SILL HEIGHT c e ur. r e_ u m z z -z zz' _ o OF 43 FROM FINISH FLOOR -- .J- o o°W w '" °' .�� , omzz� om D. ALL CLASS LOCATED WITHIN 18 OF FLOOR,12 of A DOOR DR LOCATED klintl _ sWx o,8 00 WITHIN 60 OF FLOOR AT BATHTUBS WHIRLPOOLS SHOWERS SAUNAS, STEAM ROOMS OR HOT TUBS SHALL BE TEMPERED I \\ o W 5 oQz 10. ALL EXPOSED INSULATION SHALL HAVE A FLAME SPREAD RATING OF LESS _ Ili" D tl BEe'0 ® W zw °s THAN 25 AND A SMOKE DENSITY RATING OF LESS THAN 450. 'e eM V,^,� '¢ ° o 11. PROVIDE COMBUSTION AIR VENTS,WITH SCREEN AND Brl '>MNM oz VaMNMMMNNGE MED 0 WFNNG - 0' oZArdA w Fooa az r, 5/8 TYPE-X GYP.BOARD W/1-HOUR FIRE RATING. ALL EXT.DOORS IN s w-'�¢ o 0 0 o s GARAGE TO BE METAL OR SOLID CORE DOORS INCLUDING DOORS ENTERING \ \ ® \ \\ V d 0 W o HEAT/COOLED PORTION of RESIDENCE IV tG _ w a° ° s15. ALL FIREPLACE CHASE WALLS SHALL BE INSULATED INSIDE AND OUTSIDE. 'e0, \ -6 �PROVIDE HORIZONTAL DRAFT 2x4J AT EACH FLaoR LEVEL ar PAGKmc s - n °" -° BEDROOM 3', \ BEDRO�, \\ ® - sR-1G)IN N AnNN BETWEEN 2.4 Galsis. ,° "�"'° F 0116. ALL INTERIOR WALLS SHALL BE COVERED WITH 1/2'GYPSUM BOARD,WITH \ �' \ -"METAL CORNER REINFORCING. TAPE FLOAT AND SAND. (3 COATS)USE \ :1891 ci 5/8'GYPSUM BOARD ON CEILING WHEN SUPPORTING MEMBERS ARE 24" w x w"'s z pr7 O.C.OR GREATER USE 1/2"GYP.HOARD ON CEILING MEMBERS LESS THAN '� \ \ \ d 24"O.0 w-� a..,CVr> Tspom sue itt o sue ao.0® 0 V " m E 17. ALL BATH AND TOILET AREA WALLS AND CEILINGS SHALL HAVE WATER ` N. co 0 RESISTANT GYPSUM BOARD. e a e,x. e a xx a uu a xu W >.8 uiao C Q C E X DOOR SCHEDULE COVERED I► rY 0 - CEILING ui w m 0 o TAG SIZE DESC. QTY. 2-CAR GARAGE n D o 1 3'-0"X 6'-8" SC 1 ,...1 rl ro o rn 2 2' 8"X 6' 8" HC 2 3 2' 0"X 6' 8" HC 4 J/�b H.C. = HOLLOW CORE A S.C. = SOLID CORE JD RIVER ONC 1--- NAME SHEET: WINDOW SCHEDULE FLOOR PLAN ADDRESS: 1°-2' 1p-<h F 407 MASTERS AVENUE, TAG SIZE DESC. QTY, o-a a 0-T WYLIE TX 75098. 4a.5i" A 3—6 X 3—0 SG 1 PROJECT: ADDITION/INTERIOR REMODEL B 3'-0" X 6'-0" SG 1 1 FLOOR PLAN PROPOSED DATE: A2 SCALE 1/8'=1'-0" ® REMAIN TO EXISTING 01/18/2019 C 3-O X 5-O SG 1III ADDITION SCALE: SHEET: S.G.= SINGLE HUNG GLASS © INTERIOR REMODEL OWNER: F.X.= FOXED GLASS FIGUEROA-AGUILAR CESAR E DRAWN BY: project®jdrivero.com / J 0 0g. 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U, O zOF CONSTRUCTION TEL 462 0663 R ` 3 r- _ z n ww.jdrivero.00m ALTERING OF THESE PLANS IS NOT PERMITTED.VIOLATORS WILL BE SUBJECT TO PROSECUTION UNDER COPYRIGHT LAWS. \ m w J a oLo a jo ERR R 1 o� o 11111111111, am 4v I 0© 00 Hilllwil. a_, F,D T Qv -7 N rn IIIIIIIII • I a 0 Fv 0=❑ l/ ®ram❑ l ' �8 o! h _ - �a Fo ORS a= m W = ,AND ll o _ '4f� We enrich your life ALL PED�L,sAT�EANDLOCA�CO'DESAND ®'' i -<G Blueprint-Permit-Constructions RESTRICTIONS TAKE PA.OETHesePLANs. N ;`7-1 v 9304 Forest Ln Suite N274 GREAT CARE AND EFFORT HAVE GONE INTO THE CREATION OF THESE BLUEPRINTS HOWEVER,BECAUSE OF THE VARIANCE. Dallas, TEXAS. 75243DEFICIENCIES ONTHESE PLANS RIVERO INC WILL NOT ASSUME LIABILITY FOR N MUST COMPLY WITHLOCALANY BUILDINGDAMAGES CODES PRIOR TO ERRORS, COMMENCEMENT r. p 0 z TEL 462 0663 a ` OF CONSTRUCTION 3 r- z n ww.jdrivero.S rE ALTERING OF THESE PLANS IS NOT PERMITTED.VIOLATORS WILL BE SUBJECT TO PROSECUTION UNDER COPYRIGHT LAWS. \ m w 2 loolo Zoning Adjustment of Adjustment AGENDA REPORT Meeting Date: February 18, 2019 Item Number: 2 Department: Planning Case Number: Prepared By: Jasen Haskins Project Location: 600 Marble Street Date Prepared: February 12, 2019 Subdivision Name: Railroad Addition Location Map, Site Layout, Notification List and Map with Exhibits: Responses Subject Hold a Public Hearing to consider and act upon a request from Tommy Reuthinger for a variance to Section 7.1 of the Zoning Ordinance to allow for a decrease to the residential proximity slope to 20 feet in lieu of a 70 foot requirement. Property located at 600 Marble Street,being Lots 1B, 2B, and 3B, Block 13 of Railroad Addition. ZBA 2019-03 Discussion The subject property is located at 600 Marble Street. It is currently zoned Multi-Family and has been since at least 1991. The property is a part of the Railroad Addition and is currently vacant. The purpose of the request is to allow a proposed multi-family structure within the 2-1 proximity slope as required by Section 7.1.D.2.a of the Zoning Ordinance. The purpose of the requirement is to allow adequate separation between residential lots and relatively taller structures on adjacent lots. The lot to the east is zoned as Agricultural (AG/30)which is a residential zoned district. Specifically, the applicant is requesting a variance to the requirement to allow a 35' high multi-family structure to be placed 20' from the lot to the east instead of the required 70'. However,a hardship based on a unique circumstance may exist in this case.AG/30 districts are,in many cases,eventually rezoned and developed thus the proximity slope being a requirement on what may currently be a vacant lot. In this case, the property to the east is a cemetery.While the property could be rezoned and redeveloped,the purpose for the separation does not apply at this time. Public comment forms were mailed to 11 property owners within 200 feet of this request,as required by State Law. Two forms were returned at the time of this posting against the request. 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 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. Page 1 of 2 Page 2 of 2 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. Final Plans and details would be subject to Engineering review and approval. A Replat would also be required for consideration by Planning and Zoning Commission and City Council prior to the submission of building/construction plans. Approved By Initial Date RO 2-15-19 Department Director Notification Map mm..mms _ _ _ _ ADDITION (BLK _RAILROAD �® V.......,IIZAILR �.% b® OAD OAKSETAIL e� ...,.,.,.,.. i WYLIE 03 mmmmm�,mmmmmmmm \ I r i E MAR;LE ST 1 .... em... . ... ♦��������������♦ i i I— ♦iiiiiiiiiiiiiii 100 i LT 106 ♦♦♦♦♦♦ 411, ♦♦♦♦♦♦ ,m. ( .... ♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦ i ♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦ �♦�♦�♦�♦�♦�♦�♦�♦�♦�♦�♦�♦�♦�♦�♦� t mmm. 101 RAILROAD ♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦ j ® ♦iiiiiiiiiiiiiii I 1 1 1 I l i i i I r r r° r` ® ��...M....e�.. a m Np�a�`�® 0.0. ..AA A E OAK ST WYLIE VILLAGE EAST APARTMENTS P ZBA 2019-03 600 E Marble t r` • n mu imn imn ii � rJ J 14242 L1}V ,,f .. 200 Foot Notifcation Buffer ��♦�♦�♦�♦�� Subject Property 0 i_ _ , ',.i � n��t r O��IIllaalT � III /♦♦♦♦♦ ,C ..>r'— y du III ♦♦♦♦♦� / c v 0 37.5 75 150 225 300 375 1 Feet r i‘.' i,,. u r 1,� I I 1 1 Ft' 1 i COOPER X MARBLE STREET , 1. (-- 1 F.K. 544 B KIRBY 1 I i OIL i FIGURE 4-7 SITE DESIGN REOUIREMENTS ' '‘' i •A i : .Y`' P.Ets CLOW :5> A r s -. i • !4, A.—smar,,til':,411‘k[s.1— , ,.'''' _ s I TE i I 1 — 44 ,....7,- i 4LAN IS DRI VE . A V IC INI TY MA. ;KX!bl:Plg.erollr.V.:"'"' 0 A".•°""'"""° ''''"""""""''"' I i ! e tgv„. „.—..„.,.,....rklop. ! I I I ,NO T TO SCALE'1 I ! N 4. ,............,.....,—...=---- i i . . r:,:r ,-97,.......,:..ii .. - .,...'..= -- 1 g i ce i . i I : ti ! I C! W ! 4 JC''' IL C...'." i , /------\' . 7527 g .15.0' i MP i SC IN FEET ALE:14 420 1Y. i i ,.. i. GENERAL NOTES::: C I TIC APPURTENANCE RETRACT THE HEIGHT AC :0Ir, 1»L,,,,,,,GLEs ,,„, . , , WEAFIAANK ! I I 01,OF nALIF COSMO,MONUMENT. FOCATTO,NOP,SOF OF SF/8 NEAP / ! I I FNE SASE SAI.SPE OPIVE TOP PlIA I ! I i MAE ACME CORTESS SEFEI SN V N I I VAPNEW FIAGE 6848. E.AE/ATION-5.28A Ol,OF WOE CONIAOT MONUMENT 4. I FEET,A Ai FHA CET ST,PANE . I OF SOP,OF PAP PUSENe, i FAA sa,-BALLAPE I I 8 qi T.AFION-E,FAP ! ; : r! ; PROPOSED ORME DUIRSTER 4002T48 , • i I I i 1 1 i Et i P 1.- ! i ! Z i 5,i, i OWNER: u-) , 1300 ALI 4'4'1 IERJA.V.EVIr 250 ! 1 i SPRINGVILLE.UTAH 84663 i PROPOSED PAUL POTEET dl STORY ! :2531 320-0357 ENGINEER: REL.:BERGER ASSOCIATES. INC. 1525rir,:RTa,. sg. RANDALL T.NELNBERGER.PE :9721 442-TANS i ! DEVELOPMENT PLAN i ! LINE LEGEND: LOT I8,28 8, 38,BLOCK 13 -RAILROAD ADDITION ----PROPERTY L INE COTTOWELT APARTMENTS —....-DRAINAGE ELOW —PROPOSED WATER LINE WYLIE,TEXAS ---ROAD CENTER L INE === ',181431ES EIR2r7'E8ER ,„.. H HELMBERGER ASSOCIATES,INC. ,.11,A.4"8 ES:ISS»USE rnm CIVIL ANO ENV:ROM:ENT AL ENGINEERS ..........E.,..............,:w...,2.......,....:0, :--:--...BNIALliarE EIL2,1E:T OAK STREET --•DRAINAGE DIVIDE LINE OES. PRA. RATE sr.( Notts 222 40. ROW I LOT LINE 1 KLm cono ..ror .2. sm. tool Cl :SKEIN 8g,1/23/2018,11 n.. 1 PUBLIC COMMENT FORM (Please type or use black ink) Planning Department 300 Country Club Road Building 100 Wylie,Texas 75098 I am FOR the requested variance as explained on the attached public notice for ZBA Case#2019-03. ✓ I am AGAINST the requested variance as explained on the attached public notice for ZBA Case#2019-03. Date, Location&Time of Planning&Zoning Commission meeting: Monday,February 18, 2019,6:30 pm Municipal Complex,300 Country Club Road, Building 100,Wylie,Texas Name: DA-vra (please print) / Address: 1C9 3 /If ;rw Sr: /a cif X 09-S 7S-61-98 Signature: " e —' Date: 15a.e64'2 a0<9 COMMENTS: PUBLIC COMMENT FORM (Please type or use black ink) Planning Depart nent 300 Country Club Road Building 100 Wylie,Texas 75098 1 am FOR the requested variance as explained on the attached public notice for ZBA Case#2019-03. I am AGAINST the requested variance as explained on the attached public notice for ZBA Case #2019-03. Date, Location & Time of Planning &Zoning Commission ineetin,I.: Monday, February 1$, 2019. 6:30 pm Municipal Complex. 300 Country Club Road, Building 100, Wylie.Texas Name: : OLJ (please prior) Address: M JLEL3:L... 1/k/Y Signature: _C-7, Date: COMMENTS: