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03-25-2019 (Zoning Board of Adjustment) Agenda Packet Zoningof Ad • us men.44,, oF 117k ""_ r _ i s'',„„/,7-i.// i.1.,.,1._,-.,4'.-.:1-1'w r ik-‘.-'.'1."ifS.1«,1u„eiw,,c:,zcri,t,,,.,,:''4,:-',‘,,'L,,',".144r"...t_.1.7.0 .-.',,.,-H',,.,.."',, LLLa•P,_,1/..-1 .L017..., a, p ,',.,v'a /° r \ " - ..,.1_.e..',''1„.4_9„,''''i_,t'..:.i‘*'_r.i,....(_I.Lt,.,,{.„'._4,_i'iS,ir,.i,,,I_i iiVrLvirii s,i_,,,.e4_.,. 7, \ r arc019 Special Called Meeting Zoning Board of Adjustment CITY OF NOTICE OF MEETING Special Called Meeting Agenda March 25, 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.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 Board 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 the 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, the 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 February 18, 2019 Meeting. March 25,2019 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 Zoning Board of Adjustment should determine that a closed or executive meeting or session of the Zoning Board of Adjustment 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 Zoning Board of Adjustment at the date, hour and place given in this notice as the Zoning Board of Adjustment 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 pe,mitted 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 David Dyess for a variance to Section 4.2.8 of PD 2005-24, to change the side setback from being 10% of the lot width to 1' to allow for the placement of an unenclosed carport on a property located at 1702 Timber Falls Lane, Lot 10 Block G of the Braddock Place Phase I addition. ZBA 2019-04 2. Hold a public hearing to consider and act upon a request from Wylie Economic Development Corporation for variances to Sections 4.3.F.l.a(1) and 7.3.C.3 to allow for metal building materials and asphalt drives and parking, respectively, on a property located at 908 West Kirby, Tract 2 of EC Davidson Survey. ZBA 2019-05 ADJOURNMENT CERTIFICATION I certify that this Notice of Meeting was posted on March 22, 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 This page is intentionally blank Zoning Board of Adjustment Minutes Regular Meeting February 18, 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 6:33 and announced the presence of a quorum. Board Members in attendance; Vice Chair Jason Potts, Board Member Robert Blair, Board Member Byron Betler, and Board Member Lisa Shields. Staff present were; 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 citizens present to address the Board. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the Board 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 January 21,2019 Meeting. Council Action With no comments or revisions, a motion was made by Vice Chair Potts, and seconded by Board Member Blair, to approve the minutes for the January 21, 2019 Meeting. A vote was taken and carried 5 —0. REGULAR AGENDA Public Hearing Minutes February 18,2019 Zoning Board of Adjustment Page 1 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 Staff Comments Mr. Molina stated that the applicant is requesting a variance to allow for the expansion of a single-family detached house located at 407 Masters Avenue. 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. An expansion to a single-family detached house requires a variance when located within the Multi-Family District because the use is non-conforming. The single-family detached house was constructed in 1950 and the first zoning map was adopted in 1962. The map designated the property as Multi-Family District. The property has never had a multi-family use and has always been a single-family house. On February 12, 2019, 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 with no comment forms received in opposition or in favor of the request. However, for the Replat public comments, one comment form in favor was received. Board Discussion Vice Chair Potts asked the purpose of the zoning. Staff stated that the zoning has been in place since 1960. The surrounding properties include duplexes and single-family residential lots. Board Member Shields asked if all setbacks were met. Staff stated that the setbacks are in compliance, the front yard setback is 40 feet, in excess of the required 25 feet. Board Comments Chair Jourdan opened the Public Hearing. Mr. Cesar Figueroa, 5426 Meadow Creek Drive, Dallas, relative for the applicant, stated the home will continue as a single-family house. The garage will not include bedrooms, and currently there is a driveway, with no carport or garage. No one came forward to speak in favor or in against of the request. Chair Jourdan closed the Public Hearing. Board Action A motion was made by Vice Chair Potts, and seconded by Board Member Shields, to grant the request for a variance to Section 9.5.a of the Zoning Ordinance. The property being located at 407 Masters Avenue. A vote was taken and carried 5 - 0. 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 Minutes February 18, 2019 Zoning Board of Adjustment Page 2 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 Staff Comments Mr. Haskins stated that the property is located at 600 Marble Street, is zoned Multi-Family, 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 Agricultural(AG/30), a residential zoned district, and the use is a cemetery. The applicant is requesting a variance to allow a 35 feet high multi-family structure to be placed 20 feet from the lot to the east instead of the required 70 feet. However, the 70 feet requirement is met on all the other adjacent properties. A Multi-Family apartment is across the street from the proposed subject property and constructed in the late 1970's. Public Comment Forms were mailed to 11 property owners with two comment forms received in opposition and none received in favor of the request. Board Discussion Mr. Dennis Richmond, 120 Collin Court, Murphy, Texas, representing Richmond Capital Group, stated that he wanted to receive approval for the variance before purchasing the property, and adjacent property at 100 North Fifth Street. The properties will be combined and total 1.6 acres. The proposed building will be a three-story apartment complex, with 24 units in two buildings. One building does not meet the proximity slope to the east only, which backs up to a cemetery. Board Member Belton asked if the concept plan flipped, would the 70 feet requirement be met. Mr. Richmond stated that a variance would be required to the west, if the concept plan were flipped. The proposed apartment will be market rate affordable housing, but not government subsided. Board Comments Chair Jourdan opened the Public Hearing. Mr. David Morgan, 904 Forest Edge Lane, owns 108 N Fifth Street, adjacent property, requested an 8 feet to 10 feet fence be installed between the subject property and adjacent existing residential properties. Staff stated that there is no requirement within the Zoning Ordinance for a fence; however, the Board may place a stipulation to include a fence. The fence would not to be allowed within a visibility triangle, as required in the Zoning Ordinance. Mr. Don Poole, 104 North Fifth Street, spoke in favor of the request. Mr. Richmond stated that the request for a fence is reasonable and agreed to a fence. The height requirement is a concern. Staff stated the typical height of the fence is between 6 feet to 8 feet. The Board agreed upon a fence and not a living screen. Chair Jourdan closed the Public Hearing. Minutes February 18, 2019 Zoning Board of Adjustment Page 3 Board Action A motion was made by Board Member Shields, and seconded by Board Member Blair, to grant the request for a variance to 7.1 to the Zoning Ordinance, to reduce the residential proximity to 20 feet, with stipulation that a fence be constructed along the adjacent western residential properties, per city ordinance. The property being located at 600 Marble Street, being Lots 1B, 2B, and 3B, Block 13 of Railroad Addition. A vote was taken and carried 5 - 0 ADJOURNMENT A motion was made by Commissioner Blair and seconded by Vice Chair Potts, to adjourn the meeting. A vote was taken and carried 5 —0. Linda Jourdan, Chair ATTEST: Mary Bradley, Administrative Assistant Minutes February 18, 2019 Zoning Board of Adjustment Page 4 Wylie Zoning Board of art -y Adjustment I AGENDA REPORT Meeting Date: March 25, 2019 Item Number: 1 Department: Planning Case Number: 2019-04 Prepared By: Kevin Molina Project Location: 1702 Timber Falls Lane Date Prepared: March 18, 2019 Subdivision Name: Braddock Place Phase I Exhibits: Site Layout,Notification Map Subject Hold a public hearing to consider and act upon a request from David Dyess for a variance to Section 4.2.8 of PD 2005-24, to change the side setback from being 10% of the lot width to 1' to allow for the placement of an unenclosed carport on a property located at 1702 Timber Falls Lane, Lot 10 Block G of the Braddock Place Phase I addition. ZBA 2019-04 Discussion The subject property is located at 1702 Timber Falls Lane and is currently zoned under Planned Development 2005-24. The applicant is requesting a variance to the development standards side yard setback requirement of 10% of the lot width to be changed to 1' to allow for the placement of an unenclosed carport. In accordance with Ordinance 2005-24, Section IV.3, only a single garage door may face the street. At no time may the carport become an enclosed garage unless the Planned Development is amended through the adoption of an ordinance. The applicant is requesting the 1' side yard setback to allow for the placement of a carport for additional covered parking. The applicant has stated that the homeowners association will allow for the placement of the carport pending the approval of this variance. In 2018 two similar variances were granted to homeowners in this subdivision. Case 2018-02 at 1213 Braddock Way was granted approval to have a carport at a 7' side yard setback and case 2018-11 at 1219 Braddock Way was granted approval to have a carport at a 1' side yard setback. The applicant's reason for wanting to install the carport are to allow for him to protect his truck from the possibility of hail damage. The applicant has stated that his truck does not fit in his garage. The carport is being requested to be 1' away from the side yard. The home adjacent to the carport will be approximately 33' away from the carport. Public comment forms were mailed to 10 property owners within 200 feet of this request, as required by State Law. At the time of this posting no responses were received in favor or in opposition of 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 ZBOA 2019-04 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. 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Deets �SCALE I"— 0° (Clerks File No, 95-- 003 991) yyy^t ,�ryy/�'*'�� x 0 00'OO" 1 OO. tJ' -`- _r...,„„.a 00111,14AMMIMMAY ---- ,..---.41 7711; 5t7,5 5/Z4 5f6.8 F`.1.R. FIR. i C.M. 1 SURVEY EXAMINED AND a RCHASERS I' 516'5 trot 10 `"3t 1 Block SATE. ` . ' l aI x a r g. } _.y St6.7 V7 F _ � �! A 7 ,, -.--. Lot it a x �p o 1 b 1 1b 1 ... . Po 8 d i �„ a 1.0' L1 I '"><..I 516.5 _m P 51 ,4 35` BLDG. LINE ,. C t. min .Trasnsformer bfl aesAer li . . .....--- EL.:,,f,, ._,._ ,.....,,,..----- C.M. . 50. .. L , a97. R-3 0,007 a. 11 .= 0,U L.P. 514.29 rti s Fire Hydrant L1O1.O 3 (60 ROW) .P411Note: The following easements do not affect: TIMBER "fil A. Vol.510,Pg,338; Vol.514,Pg.330. PROPERTY DESCRIPTION; Being Lot 10,Block of Braddock Place Phase 1,an addition to the City of Wylie,Collin County,Texas, I according to the Plat thereof recorded in Volume 2007,Page 596,Map Records,Collin County,Texas. LIIORNrl-C.M.3,Controlling Monument; P.I.R.3 Found Iron Rod;r,LP,-Pound Iran Pipe; FLOOD NOTE:: It is my opinion that the property described hereon is not within the 100-yeat F C S',==1'tnce Corner Pont.0ll13{}vcrheaaf Electric. S:I.Sw5-Set Iron Rods Ill"diameter withflood zone area according to the Federal Emergency Management Agency Flood Insurance Rate yellow cap stamped"Arthur Surveying Company".All found iron rods are 1d2"diameter unless Map Community-Panel No.48075110535.I,present Effective Date of map June 02,2009,herein I otherwise noted.-----x — Ocoee) _.—.0111 ---- (overhead power) property situated within Zone"X"(Unshaded), Date: 08/05/2010 SURVEYORS.CERTIFICATION; ,,,,p IA. SC lefts„ 1710 9 v f' was this day made tltebgrouy nd of the prify that operts y ''d-r I 4, r a sty , legally described hereon and is correct,and to the best t 1 S 545 lok - 1 Dratwn/CU DM. / ' },t 4t t s 1 u ,,I of my knowledge,there are on visible discrepancies, t*.. 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' 2,,, z„.,L,MM _- E-.E«—.-,,„-.—,;,---� " 7r ,, , e Wylie Zoning Board of art ne Adjustment I AGENDA REPORT Meeting Date: March 25, 2019 Item Number: 2 Department: Planning Case Number: 2019-05 Prepared By: Jasen Haskins Project Location: 908 West Kirby Date Prepared: March 18, 2019 Subdivision Name: EC Davidson Survey Exhibit,Notification Map, Exhibits: Photo Subject Hold a public hearing to consider and act upon a request from Wylie Economic Development Corporation for variances to Sections 4.3.F.1.a(1) and 7.3.C.3 to allow for metal building materials and asphalt drives and parking, respectively, on a property located at 908 West Kirby, Tract 2 of EC Davidson Survey. ZBA 2019-05 Discussion The subject property is located at 908 West Kirby and is currently zoned Commercial Corridor (CC). The property is owned by the Wylie Economic Development Corporation(WEDC). The property is 2.4683 acres accessed by an asphalt drive. On the north side of the property is a 9,000 square foot metal structure built in 1970 and expanded in 1991. The site was previously used as a light assembly/fabrication use that moved from the building about 2017,thus the legally non-conforming status of the site has been lost. The applicant is requesting variances to the development standards of masonry building materials and concrete paving for access drives and parking spaces in order to lease the property as is. The applicant has a user that wants to lease the space for a Contractor's Maintenance Yard, which is a use allowed by right on property zoned Commercial Corridor. Public comment forms were mailed to 17 property owners within 200 feet of this request, as required by State Law. At the time of this posting no responses were received in favor or in opposition of 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 ZBOA 2019-05 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. 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