02-20-2006 (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, February 20, 2006
7:00 p.m.
CALL TO ORDER
CONSENT AGENDA
1. Consider and act upon approval of the Minutes of the October 24, 2005 Meeting.
SWEARING-IN OF SPEAKERS
PUBLIC HEARINGS
1. Hold a public hearing to consider and act upon a request by Gabe Santiago for a
variance to Section 9.2.(c) Rear Yard regulations of the 1985 Zoning Ordinance and
as defined in Planned Development No. 1999-39 to reduce the rear yard setback
from the required 25 feet to 22 feet, this property being located at 3401 Olivia Drive,
Lot 11, Block F in the McCreary Estates Addition. (ZBOA Case No. 2006-01).
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Posted Friday, February 17, 2006 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 442.8170.
Zoning Board of
Adjustments
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CITY OF WYLIE
q
February 20 , 2006
Regular Business Meeting
AGENDA
Zoning Board of Adjustment
City Council Chambers, Wylie Municipal Complex
2000 Highway 78 North Wylie, Texas 75098
Monday, February 20, 2006
7:00 p.m.
CALL TO ORDER
CONSENT AGENDA
1. Consider and act upon approval of the Minutes of the October 24, 2005 Meeting.
SWEARING-IN OF SPEAKERS
PUBLIC HEARINGS
1. Hold a public hearing to consider and act upon a request by Gabe Santiago for a
variance to Section 9.2.(c) Rear Yard regulations of the 1985 Zoning Ordinance and
as defined in Planned Development No. 1999-39 to reduce the rear yard setback
from the required 25 feet to 22 feet, this property being located at 3401 Olivia Drive,
Lot 11, Block F in the McCreary Estates Addition. (ZBOA Case No. 2006-01).
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Posted Friday, February 17, 2006 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 442.8170.
MINUTES
Zoning Board of Adjustment
City Council Chambers, Wylie Municipal Complex
2000 Highway 78 North Wylie, Texas 75098
Monday, October 24, 2005
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:
Weldon Bullock Mary Bradley
Jeff Ellis Renae 011ie
Marilyn Herrera Claude Thompson
Mitch Herzog
Linda Jourdan
Layne LeBaron
Jan Sargent
CALL TO ORDER
Chairman LeBaron called the meeting to order at 7:02p.m.
CONSENT AGENDA
1. Consider and act upon approval of the Minutes of the September 26, 2005
Meeting.
A motion was made by Mr. Herzog, and seconded by Ms. Jourdan, to approve the
minutes as submitted. Motion carried 5 — 0, with Ms. Herrera and Ms. Sargent
abstaining.
SWEARING IN OF ADJUDICANTS
Mary Bradley, Secretary, administered oath.
ZBOA Commission Meeting
October 24, 2005
Page 2 of 3
PUBLIC HEARING
1. Hold a public hearing to consider and act upon a request by Billie Drummond
for a variance to Section 2.5.4.c (1) of the Zoning Ordinance to reduce the front
yard setback for a carport from the required thirty (30) feet required by platting to
ten (10) feet, this property being located at 410 Duncan Way, Lot 1, Block 5 in
the Caldwell Estates Addition. (ZBOA Case No. 2005-17).
Ms. 011ie stated that the property was platted under 1962 Zoning Ordinance, and is part
of the Caldwell Estates Addition Lot 1, Block 5. The single-family residence is located
on a corner lot with a front-entry garage. The applicant is proposing to construct a ten
feet wide by twenty feet long carport to the front of the existing garage.
The requested variance is to reduce the required front yard from the platted thirty feet to
ten feet. The front yard measures approximately 30 feet deep and 77.5 feet wide. This
is a variance of 20 feet or 66% percent from the requirement.
Although two enclosed parking spaces are currently required, only one space was
required and was not required to be covered nor enclosed by the 1962 Zoning
Ordinance. The carport is desired in order to protect a new vehicle.
Public comment forms were mailed to eighteen (18) property owners within 200 feet of
this request, and two comment forms were received favoring the request.
Ms. Billie Drummond, 410 Duncan Way, applicant for the subject property, stated that
the hardship for the variance is due to physical ability, and building a garage in the back
or side would create additional hardship. The intent is to receive approval for a variance
before purchasing materials for the carport. Ms. 011ie stated that if approved, a
stipulation could be made for the material on the carport.
A motion was made by Ms. Sargent, and seconded by Ms. Herrera, to GRANT the
variance with the stipulation that the carport match the color of the existing structure.
Motion carried 6 — 1, with Mr. Ellis in opposition.
2. Hold a public hearing to consider and act upon a request by Ronnie Kirk for a
variance to Section 26.4(1) of the 1985 Zoning Ordinance to reduce the twenty
feet required side yard and twenty-five feet platted building lines for an accessory
building, this property being located at 402 Monroe Drive, Lot 1, Block G in the
Presidential Estates Addition. (ZBOA Case No. 2005-21).
Ms. 011ie stated that the subject property was created in May of 1987 as Lot 1, Block G
of Presidential Estates Addition. The property was developed according to the
regulations of the Single-Family-1 (SF-1) Residential District of the 1985 Zoning
Ordinance, although it is now zoned Single-Family 10/19.
ZBOA Commission Meeting
October 24, 2005
Page 3 of 3
The applicant is requesting that the side yard along the street be reduced by seventeen
feet to allow 24 feet by 24 feet accessory building, which is a free-standing garage. The
requested variance is 15 percent of the required side yard setback, and a variance of 12
percent of the platted building line.
The dwelling contains an existing two-car side entry garage which will remain available
for vehicular parking.
The location of the proposed detached garage allows sufficient visibility and private
maneuvering room between the garage and the public street.
Public comment forms were mailed to seventeen (17) property owners and no forms
were received.
Ronnie Kirk, 402 Monroe Drive, applicant for the request, stated that the purpose of the
size is to house a boat, and provide additional storage space. The materials will be
masonry, same colors as the house and have a hip roof. The intent is to have sufficient
space to work on vehicles, which is a hobby. The applicant did not want to make the
garage smaller than proposed.
Due to no motion made, the request for a variance was DENIED.
MISCELLANEOUS
Thompson reminded the Board Members that the next meeting will be on December 12,
2005 if a request is submitted.
ADJOURNMENT
With no further business to discuss, a motion was made by Ms. Sargent, and seconded
by Mr. Ellis, to adjourn the meeting at 7:36PM.
Layne LeBaron, Chairman Mary Bradley, Secretary
Public Hearing Item No. 1
City ofWylie ZBOA No. 2006-01
Zoning Board of Adjustment Public Hearing: February 20, 2006
Owner/Applicant: Gabe Santiago
Location: Lot 11, Block F in the McCreary Estates No. 1
Addition.
Request: Variance to Section 9.2.(c) Rear Yard regulations of
the 1985 Zoning Ordinance and as defined in Planned
Development No, 1999-39 to reduce the rear yard
setback from the required 25 feet to 22 feet.
Background:
The subject property was created in December of 1999 with the platting of Phase 1 of
the McCreary Estates Addition. The property was developed according to the special
regulations of Planned Development District No. 1999-39 requiring a rear yard setback
of twenty-five (25) feet.
The subject property is located on the southwest corner of Olivia Drive and Mahonia
Drive and faces north. The rear yard measures approximately 38 feet deep and
approximately 93.12 feet wide at the rear property. The southern and western side of
the rear yard abuts the adjacent residential property and is separated by a wood fence
along the property line.
The rear exit of the subject residence is by a single door, opening on to a paved patio
which measures 10 feet by 20 feet. This door faces south and receives full exposure of
the afternoon sun. The applicant desires to increase the existing patio width by three
feet and the depth by five feet and to construct a shade covering over the full
measurement of the porch. The applicant desires this configuration in an effort to allow
improved backyard accessibility for a disabled relative. In addition, the added
dimensions and patio cover would provide a safe shelter for their children to play out
side as well as provide protection to the back door from damage (i.e., water damage,
warping, mold and mildew). The covering is to be attached to the rear wall of the
residence and measures 24 feet in width by 16 feet in depth. The covering will be 22
feet from the rear property line, extending 3 feet into the required rear yard or a variance
of 12 percent from the required setback.
ZBOA 2006-01
Public comment forms were mailed to twenty-five (25) property owners within 200 feet
of this request, as required by State Law. No responses had been received at the time
of this posting.
Section 8.4(E)(4)(b) of the Zoning Ordinance provides that the Zoning Board of
Adjustments 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. 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.
ZBOA 2006-01
Considerations:
1. The cover will extend from the rear wall of the residence a distance of sixteen feet,
and the proposed 24 feet width of the covering will shade the entire back length of
the patio. Although the residence was constructed 38 feet from the property line
rather than at the rear building line of 25 feet, this distance does not allow sufficient
space for the desired covering within the allowed building.
2. The direct exposure of the sun into the wall and door from the south — facing
orientation also increases the heat load within the house and requires increased use
of mechanical cooling and air circulation equipment. The covering will shade the wall
and door and decrease the required internal cooling. The conservation of energy
resources is a stated goal of the City of Wylie.
3. The requested variance is 3 feet or 12 percent of the required 25 feet rear yard
depth.
4. The patio cover will be constructed of composite shingles to match the roof of the
main structure.
Attachments:
Location Map
Site Plan (Illustrating requested variance)
Letter from HOA
Notification List and Map with Responses
757
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01/12/2006 09:37 FAX 9725299330 CCMC a 001
McCREARY ESTATES HOMEOWNERS ASSOCIATION, INC.
1515 Heritage Drive, Suite 100
Mckinney,Texas 75069
Telephone: 972-529-6967
January 12, 2006
GABRIEL SANTIAGO
LAURA SANTIAGO
3401 OLIVIA DR
WYLIE,TX 75098
RE: 3401 OLIVIA DR
44-0001 0611 01
Dear Homeowner:
After careful examination, the Architectural Committee approved your application for the
below referenced improvement.
The approval or lack of approval by the Architectural Committee shall not be deemed to
constitute any warranty of representation by such Committee of the Board of Directors,
including,but not limited to,any warranty of or the compliance thereof with applicable
statutes, codes or. regulations.
If the Architectural Committee can be further help,please let me know_ Thank you for
submitting your request.
Sincerely,
CAPITAL CONSULTANTS MANAGEMENT CORPORATION
i<k.o/r/,Na,/oref/
Susan Garrett
Community Association Manager
APPROVAL: 16 X 24 COVERED PATIO.
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ZBA CASE #2006-01
NOTIFICATION REPORT
APPLICANT: Gabe Santiago APPLICATION FILE ZBA#2006-01
3401 Olivia Drive Wylie, Texas 75098
n BLK/ABST LOT/TRACT TAX I.D. # PROPERTY OWNER NAME ADDRESS
Applicant 3401 Olivia Drive
1 Gabe Santiago Wylie,Texas 75098
McCreary Estates#1 3400 Olivia Drive
2 Blk E Lot 12 R-4748-00E-0120-1 Verle Walters Wylie,Texas 75098
McCreary Estates#1 3402 Olivia Drive
3 Blk E 13 R-4748-00E-0130-1 David Liu Wylie,Texas 75098
McCreary Estates#1 310 Montcliff Avenue
4 Blk E 14 R-4748-00E-0140-1 Russell Ligad Henderson, NV 89074
McCreary Estates#1 3500 Olivia Drive
5 BIk E 15 R-4748-00E-0150-1 Ted Cox Wylie, Texas 75098
McCreary Estates#1 3501 Olivia Drive
6 Blk F Lot 8 R-4748-00E-0080-1 Kevin Nguyen Wylie,Texas 75098
McCreary Estates#1 3405 Olivia Drive
7 BIk F 9 R-4748-00E-0090-1 Thomas Young Wylie, Texas 75098
McCreary Estates#1 3403 Olivia Drive
8 Blk F 10 R-4748-00E-0100-1 Steven Wojs Wylie, Texas 75098
McCreary Estates #1 3401 Olivia Drive
9 BIk F 11 R-4748-00E-0110-1 Gabriel Santiago Wylie,Texas 75098
McCreary Estates#1 3400 Catalpa Drive
10 Blk F 12 R-4748-00E-0120-1 Khanh Ngo Wylie, Texas 75098
McCreary Estates#1 3402 Catalpa Drive
11 Blk F 13 R-4748-00E-0130-1 Frendy Moesa Wylie,Texas 75098
McCreary Estates #1 3404 Catalpa Drive
12 BIk F 14 R-4748-00E-0140-1 Rosalie Arion Wylie, Texas 75098
McCreary Estates#1 505 Robinwood Drive
13 Blk F 15 R-4748-00E-0150-1 Stewart Revocable Trust Wylie,Texas 75098
McCreary Estates#1 112 Mahonia Drive
14 Blk G Lot 5 R-4748-00G-0050-1 Thomas Haas Wylie,Texas 75098
McCreary Estates#1 110 Mahonia Drive
15 BIk G 6 R-4748-00G-0060-1 Michael Gharbin Wylie,Texas 75098
McCreary Estates#1 108 Mahonia Drive
16 Blk G 7 R-4748-00G-0070-1 Bradley Dibble Wylie, Texas 75098
McCreary Estates#1 106 Mahonia Drive
17 BIk G 8 R-4748-00G-0080-1 William Harvey Wylie,Texas 75098
McCreary Estates #1 104 Mahonia Drive
18 Blk G 9 R-4748-00G-0090-1 Joseph Grant Wylie, Texas 75098
McCreary Estates#1 102 Mahonia Drive
19 BIk G 10 R-4748-00G-0100-1 Jody Roberts Wylie,Texas 75098
McCreary Estates#1 100 Mahonia Drive
20 BIk G 11 R-4748-00G-0110-1 Lance Wallace Wylie,Texas 75098
McCreary Estates#1 3401 Catalpa Drive
21 Blk G 12 R-4748-00G-0120-1 John Bianchi Wylie, Texas 75098
McCreary Estates#1 3403 Catalpa Drive
22 BIk G 13 R-4748-00G-0130-1 Charles King Wylie, Texas 75098
McCreary Estates#1 3405 Catalpa Drive
23 BIk G 14 R-4748-00G-0140-1 Billy Goad Wylie,Texas 75098
McCreary Estates#1 3407 Catalpa Drive
24 Blk G 15 R-4748-00G-0150-1 Shikus Amaa Wylie, Texas 75098
McCreary Estates#2 3403 Hibiscus Drive
25 BIk E Lot 10 R-5120-00E-0100-1 Orville Turner Wylie, Texas 75098
McCreary Estates#2 3401 Hibiscus Drive
-26 Blk E Lot 11 R-5120-00E-0110-1 Giang Vu Wylie,Texas 75098
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