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07-17-2006 (Zoning Board of Adjustment) Agenda Packet Wylie Zoning Board of Adjustment CITY OFWYLIE NOTICE OF MEETING Regular Meeting Agenda Monday, July 17, 2006 - 7:00 pm Wylie Municipal Complex - Council Chambers 2000 Highway 78 North Layne LeBaron Chair Jeff Ellis Vice-Chair Weldon Bullock Board Member Marilyn Herrera Board Member Thomas Young Board Member Linda Jourdan Board Member Jan Sargent Board Member Mindy Manson Assistant City Manager/ Planning Director Renal§ 011ie Assistant City Planner Mary Bradley Secretary 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.inylietexas.gov within the required time frame. As a courtesy, the entire Agenda Packet has also been posted on the City of Wylie website: 11114 The texas.gov. The Chair and Commissioners 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 972.442.8100 or TD 972.442.8170. CALL TO ORDER Announce the presence of a Quorum. CONSENT AGENDA Consider and act upon approval of the Minutes of the April 24, 2006 Meeting. • July 17,2006 Wylie Zoning Board of Adjustment Regular Meeting Agenda Page 2 of 2 AGENDA Public Hearing 1. Hold a public hearing to consider and act upon a request by Richard M. Taylor — Habitat for Humanity for a variance to Section 3.2(B)(3) Single Family - 10 District Development Standards of the Zoning Ordinance to reduce the required lot size from 10,000 minimum square feet to 5,931 minimum square feet; to reduce the dwelling size from the minimum 2,400 square feet to 1,200 square feet; to reduce the side yard set back from ten feet to six feet; to allow a one car garage in lieu of the required two car garage; and a variance to the required masonry exterior finish to allow Hardiplank type exterior finish. (ZBOA Case No. 2006-05). 2. Hold a public hearing to consider and act upon a request by Tom Allred for a Variance to Section 4.1(C)3 - Rear Yard Regulations of the Zoning Ordinance to reduce the rear yard setback from the required 10 feet to 0 feet, being located north of FM 544, south of the DART railroad tracks and east of Springwell Parkway. (ZBOA Case No. 2006-06). ADJOURNMENT CERTIFICATION I certibi that this Notice of Meeting was posted on this 14 day of July, 2006 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 web`;`a��,o V;l{ 114tras.gov. ,\y ° VI/Yj�, v Cli ) 411\ %LeEitysecretar Notice Removed •, '::,,, �yL 1.. T � • Ey'P,`% 'r/rrrtnta1,��\� Zoning Board of Adjustments litt CITY OF WYLIE July 17, 2006 Regular Business Meeting Wylie Zoning Board of Adjustment CITY OFWYLIE NOTICE OF MEETING Regular Meeting Agenda Monday, July 17, 2006 - 7:00 pm Wylie Municipal Complex - Council Chambers 2000 Highway 78 North Layne LeBaron Chair Jeff Ellis Vice-Chair Weldon Bullock Board Member Marilyn Herrera Board Member Thomas Young Board Member Linda Jourdan Board Member Jan Sargent Board Member Mindy Manson Assistant City Manager/ Planning Director Renal§ 011ie Assistant City Planner Mary Bradley Secretary 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.inylietexas.gov within the required time frame. As a courtesy, the entire Agenda Packet has also been posted on the City of Wylie website: 11114 The texas.gov. The Chair and Commissioners 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 972.442.8100 or TD 972.442.8170. CALL TO ORDER Announce the presence of a Quorum. CONSENT AGENDA Consider and act upon approval of the Minutes of the April 24, 2006 Meeting. • July 17,2006 Wylie Zoning Board of Adjustment Regular Meeting Agenda Page 2 of 2 AGENDA Public Hearing 1. Hold a public hearing to consider and act upon a request by Richard M. Taylor — Habitat for Humanity for a variance to Section 3.2(B)(3) Single Family - 10 District Development Standards of the Zoning Ordinance to reduce the required lot size from 10,000 minimum square feet to 5,931 minimum square feet; to reduce the dwelling size from the minimum 2,400 square feet to 1,200 square feet; to reduce the side yard set back from ten feet to six feet; to allow a one car garage in lieu of the required two car garage; and a variance to the required masonry exterior finish to allow Hardiplank type exterior finish. (ZBOA Case No. 2006-05). 2. Hold a public hearing to consider and act upon a request by Tom Allred for a Variance to Section 4.1(C)3 - Rear Yard Regulations of the Zoning Ordinance to reduce the rear yard setback from the required 10 feet to 0 feet, being located north of FM 544, south of the DART railroad tracks and east of Springwell Parkway. (ZBOA Case No. 2006-06). ADJOURNMENT CERTIFICATION I certibi that this Notice of Meeting was posted on this 14 day of July, 2006 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 web`;`a��,o V;l{ 114tras.gov. ,\y ° VI/Yj�, v Cli ) 411\ %LeEitysecretar Notice Removed •, '::,,, �yL 1.. T � • Ey'P,`% 'r/rrrtnta1,��\� Wylie Zoning Board of Adjustment CITY OF WYLIE Minutes Zoning Board of Adjustment Tuesday, April 24, 2006 — 7:00 pm Wylie Municipal Complex — Council Chambers 2000 Highway 78 North CALL TO ORDER Announce the presence of a Quorum. Chairman LeBaron called the meeting to order at 7:00PM. Board Members present were: Chairman LeBaron, Board Member Herrera, Board Member Jourdan, Board Member Bullock, and Board Member Ellis, with Board Members Herzog and Sargent being absent. Staff members present were: Assistant City Manager/Planning Director Mindy Manson and Secretary, Mary Bradley. SWEARING-IN OF SPEAKERS Mary Bradley swore-in the applicants/developers. PUBLIC HEARINGS 1. Hold a public hearing to consider and act upon a request by Joe Bellows — Wylie Towing for approval to change a nonconforming use to another nonconforming use in accordance with Section 9.8 Changing Nonconforming Uses, property being located at south of SH 78 and west of Alanis Drive. (ZBOA Case No. 2006-02). Ms. Manson stated that the property is located at 2601 S. Highway 78 and has never been platted. The property is the last tract to the south that lies within the city limits of Wylie. The business has been operating without a Certificate of Occupancy (CO) for several years. The property was occupied by a rental Company (RentAll), and recently changed to a Vehicle Towing Company, but with the same ownership. Minutes April 24, 2006 Wylie Zoning Board of Adjustment Page 1 of 4 Upon applying for a fence permit, the applicant was told that a CO had never been issued for the property. The property was rezoned from Industrial (I) to Business Center (BC) District in February 2002 with the adoption of the city-wide Zoning Ordinance and Map. However, with the adoption of the new Zoning Ordinance in January 2006, Business Center District no longer exists. The Planning Department is in the process of working with the Planning and Zoning Commission to update the current zoning map to concur with the Zoning Ordinance. The newly adopted Zoning Ordinance changed the BC District to Light Industrial (LI) District. The Zoning Ordinance does not specify a category for "Auto Towing," but does state that a nonconforming use of a building may be changed to another nonconforming use of the same or more restrictive zoning district classification, upon approval by the Board. Outside Storage is the closest use that auto towing is similar and is allowed only in the Industrial Districts. Joe Bellows, 720 Main, Lavon, Texas, represented the applicant, stated that vehicles will be stored on the property for a short-term duration. The vehicles are stored while police department or the insurance company completes their procedures. If the vehicle is stored for the duration of state requirements, the vehicle is sold at a constable auction. The time frame is two to two and half months. The vehicle is not sold in parts or dismantled for sell, but the vehicles are auctioned as is. The number of people attending the auction range for five to ten people maximum. Mr. Bellows stated that the business has been operating for five months and that there was a misunderstanding with the City of Wylie, therefore no CO was applied or approved. A motion was made by Board Member Ms. Jourdan, and seconded by Board Member Mr. Ellis, to GRANT the request for a variance to change a nonconforming use to another nonconforming use in accordance with Section 9.8 Changing Nonconforming Use of the Zoning Ordinance. Motion carried 5 — 0. 2. Hold a public hearing to consider and act upon a request by David R. Cannon for a variance to Section 2.5.4(b) Accessory Buildings of the Zoning Ordinance to increase the allowed minimum size of an accessory building from 1,000 square feet to 1,080 square feet, and a variance to Section 2.5.4.e(3) of the Zoning Ordinance to allow composite masonry facade material on an accessory building exceeding 300 s.f. in lieu of the masonry requirements, this property being located at 931 Oakbrook Drive, Lot 14, Block A in the Stoneridge Farms Phase 2 Addition. (ZBOA Case No. 2006-03). Ms. Manson stated that the request is two-part variance; the applicant is proposing to construct a 1,080 square foot, where 600 square feet would normally be the maximum for an accessory building, and the second request is using composite masonry (hardi- plank) on three sides, instead of masonry content. The finished product will resemble the main structure in color, and the front facade will be constructed of masonry, which will match the main structure. The proposed requires is an 80% variance from the required size of structure, and a 75% variance from the required masonry content. Minutes April 24, 2006 Wylie Zoning Board of Adjustment Page 2 of 4 Mr. David Cannon, 931 Oakbrook Drive, applicant/property owner of the subject property, stated that the purpose of the 1,080 square feet was because of the dimension of the lot and practical purposes. The Collin County Tax Appraisal District classifies the property as being right at one acre. Ms. Manson stated that when the subdivision was constructed the zoning was 10,000 square foot lots, and the developer opted to construct larger size lots. The foundation was approved by Building Inspections, with the understanding that a variance would be requested, as the codes were not clear as to what was allowed and not allowed. The building will be used for storage of dirt bikes and accessory for children. Bob Day, 303 Rush Creek, representative as the Contractor for building, stated that the City of Wylie Building Department approved the concrete plans for the building and did not specify that the size of the building would require a variance. Due to carpentry logistics, the size of the building came to be 30 x 36, as close as possible to eight-foot increments. A motion was made by Board Member Mr. Ellis, and seconded by Board Member Ms. Jourdan, to GRANT the requests as submitted. Motion failed 3 — 2. A motion was made by Board Member Ms. Herrera, and seconded by Board Member Mr. Ellis, to GRANT the exterior composite masonry on three sides, and the size of the accessory building to be no larger than 1,000 square feet. Motion carried 4 — 1, with Board Member Mr. Bullock in opposition. 3. Hold a public hearing to consider and act upon a request by Rodney Hitt for a variance to Section4.3 Design Standards of the Zoning Ordinance to all 80% brick in lieu of the 100% brick requirement, this property being located south of FM 544 and northwest of SH 78 of the Greenway — 78 Addition. (ZBOA 2006- 04). Ms. Manson stated that a Final Plat was approved along with the conditional approval of the Site Plan by Planning and Zoning Commission on April 4, 2006. The property is platted as Greenway — 78 Addition and creates three commercial/retail lots. The conditions of approval for the site plan state that the applicant must full comply with the requirements of Section 4.3 Design Standards of the Zoning Ordinance or must acquire a variance from this Board to allow an 80% variance from the required brick content. The applicant is proposing to use a combination of building materials to achieve visual variety. The ordinance requires as a base standard that primary materials be constructed of brick with at least 20% stone on the front facade including, but not limited to brick, stone, cast stone, decorative concrete or stucco. The applicant has met the front facade requirements. However, the side and rear elevations do not meet the brick requirement per the Zoning Ordinance. Minutes April 24, 2006 Wylie Zoning Board of Adjustment Page 3 of 4 Mr. Mark Hardaway, 2808 Fairmount, Dallas, represented the developer of the subject property, stated that the intent is to construct a 14,500 square foot retail building, a continuation of another phase to the Albertson's shopping center, which is adjacent to the subject property. The intent is to develop the same type of development on the Albertson's retail center, but due to the cost of construction, forced to upgrade the front facade with additional canopies and features. The hardship is the 40,000 square foot warehouse in the back, which is the highest investment use on the property, which is zoned Light Industrial. The decorative concrete is not feasible to the rear of the building, which faces the Light Industrial District. The Board Members questioned what desirables from the architectural design requirements are being met with the back of the property not meeting the base standards. Lisa Swift, GSO Architects, 5310 Harvest Hill, Dallas, Texas, stated that the desirable points using two complementary primary facade materials, enhance the same style entire block, use of architectural detailing materials in visual appearance, and possibly continue the brick and awnings down the side, which will meet application of base standards to facades. The Board Members asked for clarification of meeting four desirables for Architectural Design Requirements. Ms. Swift stated that the same facade materials used for the front could be continued down the sides. A motion was made by Board Member Mr. Ellis, and seconded by Board Member Ms. Jourdan, to GRANT the request with stipulation that base standard desirables of application to facades along both sides. Motion carried 5 — 0. ADJOURNMENT A motion was made by Board Member Mr. Bullock, with the consensus from all Board Members to adjourn the meeting at 8:00PM. Layne LeBaron, Chairman ATTEST: Mary Bradley, Secretary Minutes April 24, 2006 Wylie Zoning Board of Adjustment Page 4 of 4 Public Hearing Item No. 1 City ofWylie ZBOA No. 2006-05 Zoning Board of Adjustment Public Hearing: July 17, 2006 Owner/Applicant: Richard M. Taylor, Habitat for Humanity Location: 408A Jackson Avenue, Lots 2B, 2C & 2F, Block 2 in the Russell #1 Addition. Request: Variance to Section 3.2(6)(3) Single Family - 10 District Development Standards of the Zoning Ordinance to reduce the required lot size from 10,000 minimum square feet to 5,931 minimum square feet; to reduce the dwelling size from the minimum 2,400 square feet to 1,200 square feet; to reduce the side yard set back from ten feet to six feet; to allow a one car garage in lieu of the required two car garage; and a variance to the required masonry exterior finish to allow Hardiplank type exterior finish. Background: The property is currently platted as three separate lots, Lot 2F, 2B and 2C of Block 2 of the Russell No. 1 Addition. With the inappropriate division of the original Lot 2, some lots became land-locked. Lot 2F has frontage along Jackson Avenue. Lots 2B & 2C do not have frontage along a public street and cannot be accessed by emergency vehicles. The subject property measures approximately 162.74 feet deep by 75 feet wide totaling approximately 12,205.5 square feet in area. The applicant desires to replat the lot into two separate lots to accommodate single family residences. When replatted, the lot will not be large enough to comply with the 10,000 square feet minimum required for single family detached dwellings. Therefore, the applicant is requesting to reduce the required lot width from 75 feet to 37.5 feet for each lot, and to reduce the required lot size from 10,000 minimum square feet to 5,931 minimum square feet. The subject property is located in an area that has received significant redevelopment throughout the years. The properties to the west were rezoned to Townhouse (TH) District and are developed as duplexes. This is an infill area within the city where a majority of the properties do not meet the regulations of the current code due to the size of the originally platted lots. ZBOA 2006-05 Page lof 3 The property was originally platted under the Single-Family 2 zoning district, but with the recently city-wide rezoning, the area is now zoned Single-Family 10/24. The applicant is proposing to construct two houses with a dwelling size of 1,200 square feet. This is a variance of fifty percent from the required 2,400 square feet dwelling size. The single family homes on the block range in size from 624 square feet to approximately 1,300 square feet. The town homes on the block that have been constructed since 2002 range from 1,066 square feet to approximately 1,586 square feet in size. The block itself is a mixture of both the old and the new, with single family frame type homes built in the 1950's to single family attached brick homes built as early as 2004. The zoning ordinance requires all single family detached dwellings provide two enclosed spaces per dwelling. The applicant is requesting a one car enclosed garage be allowed as this is more in line with the size and scale of the houses in the block. It is the applicant's desire to develop a cottage look for the homes by using Hardiplank for the exterior material of the homes. The ordinances requires 100% brick, stone or masonry stucco, with 20% stone or decorative brick accent 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 2006-05 Page 2of 3 Considerations: 1. Comment Forms were mailed to thirty-three (33) property owners within 200 feet of the subject property, as required by State Law. Two comment forms favoring and one opposing the request were received at the time of posting. 2. A number of properties in the neighborhood have been rezoned to Townhouse District and replatted to allow for single-family attached duplex/townhouse residential uses. 3. The requested variance is thirty-seven and one half (37.5) feet or fifty (50) percent of the required lot width, a variance of four thousand sixty-nine (4,069) feet or forty-one percent (40.69%) of the required lot size, and a variance of four feet or forty percent (40%) of the required side yard. 4. The subject property will require replatting. When replatted, each lot will have an area of 5,931 square feet. Attachments: Location Map Site Photos Copy of filed Plat Proposed Site Plan Notification List and Map with Responses Page 3of 3 J ley - t Q` * 'va �. • L __.. ; Subject .- Property minsiki ( j I orstw Court j 1 VI I -1 I r ! j _ f Q-ti v _..1 I-.._.,r..� 1 I ! r Brown Streit o, :- r Brown Q 7 r +, U-) —I ,fie erson Street , c iIH1IIiI - 0) U CO , -_ _1/ ::. iL i Marble Street m•I I/ _. 0 i ,• LOCATION MAP ZBA CASE #2006-05 Public Hearing Item No. 1 ZBOA Case No. 2006-05 408A Jackson Street by .. i ;1 r'y�.' 7•"aaL`j' ?v fx I'. • Y et :z`Fri: - �•. • Y II - d • Front view of subject property with existing house to the North. 4 • ,w ".i;�r 7f` �, .+: S?1+Hs it , rryy:Los 4 ...r . w - Abandoned Alley of subject property Public Hearing Item No. 1 ZBOA Case No. 2006-05 408A Jackson Street fir' S ' ��i 3 • _ ,S . I ..IIL. _. i milir..., .:k ' Ir IL 1 x �Y --- Eastside of block looking South along Jackson Street �� 4 V. w• / :. ,ram- - --Ys i r � tiy ' �....+r' Westside of block looking South along Jackson Street '- Pat.. No.Grant 9 .cr,z_z> �k1Ass _ ' r>V OC wua i u a�xxt� __ . -.1_i�2.-& a� ___ Assignee — r. t Certificate 3 x0.cin�v --� • _ School District itinsr -WY�IE Road District t _ 'No. 15 Scale 60 Feet 1 Inch RUSSELL AOpITION 1 i I • 3 y • 1 • • .. �-�xzThoM l. irs .Irk. C, K. 3_G 1, 2d- - bo tlFiW��rn ,L�Mns e ms erio 3f5S �3Gai- ::. ...t y F _ a, n y, �Q k r , ` • . , / ‘2 ?69-3ss �D t - I 4 1 ' k 3 2� mar�, s zr - i 1.;s: G �G d .•e ✓✓al« .a �r carp. ill.,'''' '-,,.',,,S.'.,,.ill, \Y1r...:` e D il J ..\' I:2 /_______i ,_ . f. 4 e.n1/l.....!f. L for J ' ,£ x - t ALAN GAUTHIER AND i ALAN GAUTHIER AND PATRICIA A. GAUTHIER PATRICIA A. GUATHlER VOLUME 4684, PAGE 2217 VOLUME 6004. PAGE 3768 D.R.C.C.T. D.R.C.C.T. Af I I I LOT 2 __.____—� �. -----BLOCK 2 FHD li2" i.,P, - — 1..— .-W_�l-o,.,,,rf,_. S 89'00'23* E 107.07' SET 5 8' I.R. 8 FNO 1/2" I � Z. • NI n A I I I" 4 kti II)w rn PR,rrr _ { F.I. 7b ` V Z. y4-_--___.. __._.__--F _-- . 6 P r, MI1 iff b .5' FN0 1 i NOn fir. T��, SET s/8" 1.R. a 89'34'53" W 106.62' ° n v . n A GRAYEL/ ASPHALT D RAIL `P--.,_OBT 1�•�') a 4 a i�a n I I /n` Q VOLU EM11E 91,MPAGE 867 I D.R.C.C.T. I i NOTIFICATION REPORT APPLICANT: Richard Taylor,Habitat for Humanity APPLICATION FILE #2006-05 PO Box 868117 Plano,Texas 75086 # BLKIABST LOT/TRACT TAX I.D. # PROPERTY OWNER NAME ADDRESS Applicant-Richard Taylor PO Box 868117 1 Habitat for Humanity Piano,Texas 75086 Russell#1 405 N.Ballard Avenue t) 2 81k 2 Lot 1A T R-1173-002-001A-1 Archer Henderson Wylie,Texas 75098 Russell#1 11548 County Road 736 - 3 Blk 2 Lot 1 B R-1173-002-001 B-1 Albert Thompson Princeton,Texas 75407 Russell#1 PO Box 921 4 elk 2 Lot 1C R-1173.002-001 C-1 Lummie Wolfe Wylie,Texas 75098 Russell#1 409 N.Ballard Avenue 0 5 Blk 2 Lot 2A R-1173-002.002A-1 Scott Mills Wylie,Texas 75098 Russell#1 Habitat for Humanity PO Box 868117 6 Blk 2 Lot 28 R-1 173.002-0028-1 of South Collin County Plano,Texas 75086 Russell#1 Habitat for Humanity PO Box 868117 7 Blk 2 Lot 2C R-1173.002-002E-1 of South Collin County Piano,Texas 75086 Russell#1 410 N.Jackson Avenue 8 Blk 2 Lot 2D R-1173-002-002D-1 Alan Gauthier Wylie,Texas 75098 Russell#1 410 N.Jackson Avenue 9 Bik 2 Lot 2E R-1173-002.002E-1 Alan Gauthier Wylie,Texas 75098 Russell#1 Habitat for Humanity PO Box 868117 10_ Blk 2 Lot 2F R-1173.002.002F-1 of South Collin County Plano,Texas 75086 Russell#1 407 N.Ballard Avenue 11 Blk 2 Lot 2G R-1173.002-002G-1 Martha Watkins Wylie,Texas 75098 Russell#1 407 N.Ballard Avenue 12 Blk 2 Lot 2H P-1173.002-002G-1 Martha Watkins Wylie,Texas 75098 Russell#1 414 B Jackson Avenue 13 elk 2 Lot 3A-1 R-1173-002-03A1-1 Gregory Smith Wylie,Texas 75098 Russell#1 414 B Jackson Avenue 14 81k 2 Lot 3A-2 R-1173.002.03A2.1 Gregory Smith Wylie,Texas 75098 Russell#1 509 N,Ballard Aveune 15 BIk 2 Lot 3B R-1173.002.003E-1 Jim Klugh Wylie,Texas 75098 Russell#1 PO Box 1568 16 BIk 2 Lot 3C R-1173-002-003C-1 Scott Living Trust Wylie,Texas 75098 t-.'L>. Russell#1 5810 Southampton Drive {. ��VA 1 A 17 Blk 2 Lot 3D R-1173.002-003D-1 Jerry Cooper Richardson,Texas 75082 Russell#1 PO Box 2589 18 _ Blk 3 Lot 28 R-1173.003-0028.1 Laurence DeBerry 11 Wylie,Texas 75098 Russell#1 311 Willow Wood Street 19 BIk 3 Lot 2C R-1173-003-002C-1 Ralph Rosier Plano,Texas 75094 Russell#1 PO Box 2589 20 Blk3 Lot 2D R-1173-003-2DRA-1 Laurence DeBerry II Wylie,Texas 75098 Russell#1 413 N,Jackson Avenue 21 BIk 3 Lot 2E R-1173.003.002E-1 Harvie Miller Wylie,Texas 75098 Brown&Burns 401 N.Ballard Avenue 22 BIk 4 Lot 19A R-1156.004.0180.1 Rita Smith Wylie,Texas 75098 Brown&Burns 401 N.Ballard Avenue 23 BIk 4 Lot 19B R-1156-004-0180.1 Rita Smith Wylie,Texas 75098 Brown&Burns PO Box 1201 24 Blk 4 Lot 33A R-1156-004-032A-1 Jay Davis Wylie,Texas 75098 LGD Townhomes 8277 Private Road 5397 25 --- Lot 1 R-5125.003.0010.1 LGD Properties Nevada,Texas 75173 LGD Townhomes PO Box 2589 26 --- Lot 2 R-5125-003.0020-1 Laurence DeBerry II Wylie,Texas 75098 LGD Townhomes PO Box 2589 27 --- Lot 3 R-5125-003-0030-1 Laurence DeBerry II Wylie,Texas 75098 LGD Townhomes PO Box 2589 28 --- Lot 4 R-5125.003.0040.1 Laurence DeBerry II Wylie,Texas 75098 LGD Townhomes PO Box 2589 29 --- Lot 5 R-5125.003.0050-1 Laurence DeBerry II Wylie,Texas 75098 LGD Townhomes PO Box 2589 30 . --- Lot 6 R-5125.003.0060-1 Laurence DeBerry II Wylie,Texas 75098 LGD Townhomes PO Box 2589 31 --- Lot 7 R-5125-003-0070-1 Laurence DeBerry II Wylie,Texas 75098 LGD Townhomes PO Box 2589 32 --- Lot 8 R-5125-003.0080-1 Laurence DeBerry II Wylie,Texas 75098 LGD Townhomes PO Box 2589 33 y --- Lot 9 R•5125.003.0090-1 Laurence DeBerry II Wylie,Texas 75098 34 35 36 37 i 38 f rr�ri. :.If - - - - - _ C i5rOWri OWNER NOTIFICATION MAP _:` . ZBA CASE #2006-05 PURLtC COMMENT FORriM. (Please type or use black ink) Planning Department 2000 Highway 78 North Wylliiee,,Texas 75098 _f I am FOR the requgtedvari3nce as explained on the attached public notice forZ43A Case Il2006-05. _, I am AGAI1 ST the requested variance as explained on the attached public notice for ZBA Case 020O6-05. Date,Location ec Time of Zoning Board of Adjustment meeting: Monday.Lune 26,1105,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas . ! LA Name: bs n i ' 1. f i°_';`L) (plee.S•e print) r m Adas: 1-�X'1 ',r l EG,✓(� _ Signature: . 2 r 1 ,Q (04,'`R-f LA Date: /2]lilt!�X COMMENTS; • 1111 • Y d bSY6ZbbZLS SITTW a/ooS 021i55 90 00 Ur ' PUBLIC COMMENT FORM (Please type or use black ink) Planning Department 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested variance as explained on the attached public notice for ZBA Case #2006-05. I am AGALNST the requested variance as explained on the attached public notice for ZBA Case#2006-05. Date,I caation&Time of Zoning Board of Adjustment meeting: Monday,June 26,2005,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: 4fAee4- /.6l� ie, /1f��•� (please print) Address: �G' ) /J e__, (4_,y 5k �J7 Alaa,_)/c. Date: (/-, COMMENTS: PUBLIC COMMENT FORM (Please type or use black ink) Planning Department 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested variance as explained on the attached public notice for ZBA Case 42006-05. I am A e requested variance as explained on the attached public notice for ZBA (----- Case#2006-0� Date,Location&Time of Zoning Board of Adjustment meeting: Monday,June 26,2005,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: L'k k T :Iig . C O ZJ P'e & (please print) Address: S O)' /C S O CE.1 i-I/'l p I a ti ,b( , R l c 1c?1,R so r /,,-S r .) L Signature: Ut., IS-- Date: 6 ^ o 6 COMMENTS: N) . .'y/4 cice_60 AD ct : &I___ 4 q-. /-0-e(A__i___) , r6�3_ r . { .%k1 c � v_o 3 ci� 2� J . Public Hearing Item No. 2 City ofWylie ZBOA No. 2006-06 Zoning Board of Adjustment Public Hearing: July 17, 2006 Owner/Applicant: Tom Allred Location: North of FM 544, south of the DART railroad tracks and east of Springwell Parkway. Request: Variance to Section 4.1(C)3 Rear Yard regulations of the Zoning Ordinance to reduce the rear yard setback from the required 10 feet to 0 feet. Background: The subject property has never been platted and is zoned Commercial Corridor. The property is bounded to the west by an existing office/warehouse single story building and to the north by the Dallas Area Rapid Transit Railroad (DART). The subject property is triangular in shape measuring one hundred and two feet (102.09') along the western property line and tapering along the northern property line for a distance of 1,219.65 feet. The applicant is proposing to construct a 7,300 square feet building and is requesting a variance to the rear yard setback to allow the building to be constructed at the rear property line. The CC District requires that a ten (10) foot setback be maintained from the rear property line to the back face of the main building. All other requirements will comply with the Zoning Ordinance and all other pertinent code requirements of the City of Wylie. 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: ZBOA 2006-06 (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. Considerations: 1. Public comment forms were mailed to nineteen (19) property owners within 200 feet of this request, as required by State Law. Three responses favoring the request and one response opposing the request had been received at the time of this posting. 2. The subject property does not directly abut any residential district. 3. The lot is shallow and abuts the DART Railroad right-of-way to the north. 4. The requested variance is 10 feet or 100 percent of the required 10 feet rear yard setback. Attachments: Location Map Site Plan (Illustrating requested variance) Notification List and Map with Responses ' ! i i t\--0� Mtnlral Dr re 1 I j j j ! i i I I SprIngwell •ai• )1 )rive 1 1 Hie JIT fl f it a oo e rae Avenge i i i _ i- _ rb ! I ' + - ..b urn Trl l l i l . i i '' a es on D1Ne r i ,_. `o - g ., i L - j r Ill.' o . _ ...i ,F bass Creek Drive i [UTE Y 1 Decker Court j ; 1 I $'�Iv®IV Fine venue i fILL1 o Tien on Dive D .� �I�ill_lffll II 11 1�I II ! 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'--.-..../.:••-•?5. .'0.....- : _ -- . ,.,...... - C...7-:=---.•••_,:-.F.-i • - • . ...--• r .. ...., .,...,..,... • ••-••••..• --:•...... .t;-'!...'•:.:.%},..' ::,...., ..,.. •..: ....,„..,....„...-..... ..... •...•:...... .•...... •.• •- ... .. ........ ..„.....,..,-:... ..4,40.0.001.1...7...... ....•• •• •• ••• . .— S''.7.., • NOTIFICATION REPORT APPLICANT: Tom Allred APPLICATION FILE ZBA#2006-06 PO Box 38346 Dallas,Texas 75238-0346 # BLK/ABST LOT/TRACT TAX I.D. # PROPERTY OWNER NAME ADDRESS Applicant PO Box 38346 1 Tom Allred Dallas,Texas 75238 A&W Addn 3838 Oak Lawn Avenue#1100 C) 2 Blk A Lot 1 R-8408-00A-0010.1_ Robert Westerburg Dallas,Texas 75219 Lakeside Estates#3 313 Lakefront Drive 3 Blk M Lot 20 R-4861-00M-0200.1 Julia McHargue Wylie,Texas 75098 Lakeside Estates#3 PO Box 45 4 Blk 0 Lot 21 R-4861.000.0210-1 Kenneth Shields Schertz,Texas 78154 Lakeside Estates#3 PO Box 850501 5 Blk O Lot 22 R-4861.000.0220.1 Dwayne Williams Mesquite,Texas 75185 Lakeside Estates#3 PO Box 245 6 Blk U Lot 1 R-4861-00U-0010-1 Louis Amaechi Wylie,Texas 75098 Lakeside Estates#3 2213 Lakeridge Lane . 7 81k U Lot 2 R-4861.00U-0020-1 William Nunez Wylie,Texas 75098 Lakeside Estates#3 2211 Lakerldge Lane 8 81k U Lot 3 R-4861.00U-0030-1 Jackie McChristlan Wylie,Texas 75098 Lakeside Estates#3 Lakeside Estates 1431 Greenway Drive#700 9 Blk H Lot lA R-4246-00H-001A-1 Home Owners Association Irving,Texas 75038 Lakeside Estates#2 312 Trenton Drive X, 10 Blk M Lot 19 R•4531.00M-0190-1 Zufan Abebe Wylie,Texas 75098 PO Box 1042 11 Abst 849 Tract 41 R-6849-000-0410-1 Ida Pearl Scholz Wylie,Texas 75098 1401 Pacific Avenue 12 Abst 849 Tract 42 R-6849-000.0420-1 Dallas Area Rapid Transit Dallas,Texas 75202 7515 Courtney Circle O 13 Abst 835 Tract 8 R-6835.000-0080-1 Mary Davis Sachse,Texas 75048 3 Chula Vista Terrace 14 Abst 835 12 R-6835-000-0120-1 William Henry Wylie,Texas 75098 PO Box 3067 15 Abst 835 12R R-6835-000-012R-1 State of Texas Dallas,Texas 75221 2722 West FM 544 0 16 Abst 835 46 R•6835-000-0460.1 Michael Byboth Wylie,Texas 75098 2610 FM 544 West 17 Abst 1061 Tract 2 R-7061-000-0020.1 Henry Garland Wylie,Texas 75098 2610 FM 544 West 18 Abst 1061 Tract 8 R-7061-000-0080-1 Henry Garland Wylie,Texas 75098 0=~;=or& Collin County 210 S.McDonald Street 19 FM 544 Commissioners Court McKinney,Texas 75069 ,A08..rsr - I i p 7 v5 L 1': ^_1 8 _u 'I El , . ' . ,:. 19 i4.1 LL k:__:�.g-e L_ane.., reek Drive X Lakewood bane Shoreline Lane i Q. 1 a�a '� -i' ��ei 7 o ; �y 4' 7 t ,- -- �`i A,i3 .` � Try,, � ,a#t ° $ °03 ,4�..r�"3r:�, r''g s .r. t) k, sC/-s- r_:r4 ,q3m',,.,-.1 :� .a ^r,;#d rp .. - F . A./dGf 101;� IVin A /Ofc! i. I? -3 N s k ' k s, m �;t"i� iir f� � F �"��I s t. .- '. ,E, 1rL . A. .83 - 2610-A I 1 .._. _ _.._ _ 4 \ \ \ "' l \ \ v ! I 7 200 OWNER NOTIFICATION MAP ° " Q X�Acaraiaai ZBA CASE #2006-06 PUBLIC COMMENT FORM (please type or use black ink) Planning Department 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested variance as explained on the attached public notice for ZBA Case 42006-06. l lam AGAINST the requested variance as explained on the attached public notice for MA Case 4 2006-06. Date,Location&Time of Zoning Board of Adjustment meeting: Monday,June 26,2005,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: /� A�o (please pri t) Address: .gig, -ford-on 1,91‘r0 --1501 X Signature: Date: J ,�i 1 o COMMENTS: f i PUBLIC COMMENT FORM (Please type or use black ink) Planning Department 2000 Highway 78 North Wylie,Texas 75098 / I am FOR the requested variance as explained on the attached public notice for ZBA Case #2006-06. • I am AGAINST the requested variance as explained on the attached public notice for ZBA Case#2006-06. Date,Location 8t,Time of Zoning Board of Adjustment meeting: Monday,June 26,2005,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: (please ppint) Address: .]5- � Q Signature: Date: Lj -t,J COMMENTS: PUBLIC COMMENT FORM (Please type or use black ink) Planning Department 2000 Highway 78 North Wylie,Texas 75098 X I am FOR the requested variance as explained on the attached public notice for ZBA Case #2006-06. I am AGAINST the requested variance as explained on the attached public notice for ZBA Case#2006-06. Date,Location&Time of Zoning Board of Adjustment meeting: Monday,June 26,2005,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: /8/I t (-17, E yB o 7i-f (please print) Address: 2-72 2 • R l ¢ it4Z-r '_c 43� Signature j' Date: - COMMENTS: �.Lbrkfro d r i4 1Md iA ve, 't 7rs fyi57 ,17. 7Z4e'r a .#LA r1ii-gIA rR y !/� is�,n'e A-A/ Pi,19.02 ra,✓Eri re, 04, .er nw g 5a, /`�`��bt)rr}eAiAC L'h�tirr'l rac. "+4& . Dnora- p P774 ns rS To 4fwrt /r- -.e4, I r Ugg-Airz y !s- 161,xFrr,s • PUBLIC COMMENT FORM (Please type or use blackink) Planning Department 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested variance as explained on the attached public notice for ZBA Case #2006-06. 1 am AGAINST the requested variance as explained on the attached public notice for ZBA Case#2006-06. Date.Location&Time of Zoning Board of Adjustment meeting: Monday,July 17,2005,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: j . ,S Jr,( !if i �Li rz_ (please print) 1 Address: j 3 X. 7 _ Signature: 7 / Date: I /` / �. COMMENTS: