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06-26-2006 (Zoning Board of Adjustment) Agenda Packet Wylie Zoning Board of Adjustment CITY iFWYLIE NOTICE OF MEETING Regular Meeting Agenda Monday, June 26, 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 Mitch Herzog Board Member Linda Jourdan Board Member Jan Sargent Board Member Mindy Manson Assistant City Manager/ Planning Director Renae 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: urwwAwj,/ietexas.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 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. SWEARING IN OF ADJUDICANTS June 26,2006 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 certiA,that this Notice of Meeting was posted on this 23 day of June, 2006 at 5:00 p.m. as required by law in accordance with Section 551.042 of the Texas Government Code aVikt^t�!!['l-itiappropriate news media was contacted. As a courtesy, this agenda is also posted on the City of Wylie website: .10 xt�wl�[12tex4e dr,,' air _ � (3��(c��� Car ,City Secretary '`` t `Date Notice Removed /�5//EihIE,%`%\ Zoning Board of Adjustments O Q) • V�CJm 4 Y OF WYLIE June 26 , 2006 Regular Business Meeting Wylie Zoning Board of Adjustment CITY iFWYLIE NOTICE OF MEETING Regular Meeting Agenda Monday, June 26, 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 Mitch Herzog Board Member Linda Jourdan Board Member Jan Sargent Board Member Mindy Manson Assistant City Manager/ Planning Director Renae 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: urwwAwj,/ietexas.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 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. SWEARING IN OF ADJUDICANTS June 26,2006 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 certiA,that this Notice of Meeting was posted on this 23 day of June, 2006 at 5:00 p.m. as required by law in accordance with Section 551.042 of the Texas Government Code aVikt^t�!!['l-itiappropriate news media was contacted. As a courtesy, this agenda is also posted on the City of Wylie website: .10 xt�wl�[12tex4e dr,,' air _ � (3��(c��� Car ,City Secretary '`` t `Date Notice Removed /�5//EihIE,%`%\ Wylie Zoning Board of Adjustment CITY OF WYLIE NOTICE OF MEETING Regular Meeting Agenda Monday, June 26, 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 Mitch Herzog Board /- ber Linda Jourdan Bo, ' - ber Jan Sargent fl: • ember Mindy Manson Assistant City. ge Planning Director Renae 011ie .. Assistant City Planner Mary Bradley . � Secretary ►►e In accordance with Section 551.042 of the Texa' Gnment Code, this agenda has been posted at the Wylie Municipal Complex, distributed to the appropriate 4•ia, and posted on the City website: www.wylietexas.gov within the required time frame. As a courtesy eVn ire Agenda Packet has also been posted on the City of Wylie website: www.wylietexas.gov.The Chair and CommissionCPIC\C) quest 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. SWEARING IN OF ADJUDICANTS June 26,2006 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(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. (ZBOA Case No. 2006-05). 2. Hold a public hearing to consider and act upon a request by`\'i Allred for a Variance to Section 4.1(C)3 - Rear Yard Regulations of the Zoni • � chance to reduce the rear yard setback from the required 10 feet to 0 feet, beira, . ed north of FM 544, south of the DART railroad tracks and east of Springwerkway. (ZBOA Case No. 2006-06). ego ADJOURNMENT `ea► O`� GP �e� I CERTIFICATION I certify that this Notice of Meeting was posted on this 23 day of June, 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 website: www.wylietexas.gov. Carole Ehrlich,City Secretary Date Notice Removed 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 o ©` CALL TO ORDER O V Announce the presence of a Quorum. Chairman LeBaron called the it to order at 7:00PM. Board Members present were: Chairman LeBaron .: i' Member Herrera, Board Member Jourdan, Board Member Bullock, and r. ember Ellis, with Board Members Herzog and Sargent being absent. Ga► 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 appli , u ated that vehicles will be stored on the property for a short-term duratio :b - icles are stored while police department or the insurance company comple e - r procedures. If the vehicle is stored for the duration of state requirements vehicle is sold at a constable auction. The time frame is two to two and hkeonths. The vehicle is not sold in parts or dismantled for sell, but the vehi s auctioned as is. The number of people attending the auction range for fiv oJn people maximum. Mr. Bellows stated that the business has been operatin 'eke months and that there was a misunderstanding with the City of Wylie, t no CO was applied or approved. A motion was maby 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 buil .ng, stated that the City of Wylie Building Department approved the concrete plar=4 building and did not specify that the size of the building would require rnce. Due to carpentry logistics, the size of the building came to be 30 x 36 se as possible to eight-foot increments. "C\() A motion was made by Board Mem4eEllis, and seconded by Board Member Ms. Jourdan, to GRANT the requests matted. Motion failed 3 — 2. A motion was made by : •'• Member Ms. Herrera, and seconded by Board Member Mr. Ellis, to GRAt+e -xterior composite masonry on three sides, and the size of the accessory buildint6 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, T as, stated that the desirable points using two complementary primary facade mat enhance the same style entire block, use of architectural detailing mate ��;�►O\'isual appearance, and possibly continue the brick and awnings down the sidle 711ich will meet application of base standards to facades. (O The Board Members asked for clariAAirdof meeting four desirables for Architectural Design Requirements. Ms. Swift that the same facade materials used for the front could be continued do rr` %e des. A motion was ma0eia�oard Member Mr. Ellis, and seconded by Board Member Ms. Jourdan, to GRAN,/ 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: June 26, 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(B) gr.161 Family - 10 District Standards of U. g Development n Ordinance to reduce p the required lot size f 10,000 minimum square feet to 5,931 minimum se a eet; to reduce the dwelling size from the mini . '' 0S square feet to 1,200 square feet; to reduceAS•i:e yard set back from ten feet to six feet; to al . j- a car garage in lieu of the required two car garage; • a variance to the required masonry exterior finish to Gay 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 e exterior material of the homes. The ordinances requires 100% brick, stone or stucco, with 20% stone or decorative brick accent nNO Section 8.4(E)(4)(b) of the Zoning Ordinance ides that the Zoning Board of Adjustments may permit a variance to the reartieleents of the Zoning Ordinance if the variance is not contrary to the public inter aha, due to special conditions of the site, a literal enforcement of the ordinanc Wp� esult in unnecessary hardship, and so that the spirit of the Ordinance is obse �i ►id'substantial justice is done. The Board may impose any reasonable conditions ‘.rSsuance of a variance and may amend the variance from that requested. The c g vote of 75 percent of the members of the Board shall be necessary to re er any order, requirement, decision or determination of any administrative officia , 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 Considerations: Page 2of 3 1. Comment Forms were mailed to thirty-three (33) property owners within 200 feet of the subject property, as required by State Law. Three comment forms were received two favoring the request, and one opposing the request. 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 I will have an area of 5,931 square feet. ���� O a‘N Attachments: cQ Location Map Site Photos n‘Ne Copy of filed Plat A Proposed Site Plan Notification List and Map w 1 onses G?� Page 3of 3 Je iey Cor 4` a v L ; Subject �-"- Property minifti ( j I orsky Court f O��► I cl)I. , , 1 ,,, ,,c„., i 1 1 Wtreet iBrown ! o, v ast r ,3t > B own I'. C7'' I _______ cp ; IIII - _ _ —I de erson Street -0 a) 1 o i 0� U 1 u) CO, M- 7) , Marble Street L---- (Dn n =• . . , ._ LOCATION MAP ZBA CASE #2006-05 Public Hearing Item No. 1 ZBOA Case No. 2006-05 408A Jackson Street : � A I. T by . i :;� -45 , y� ' ={41 it6 . - -4.... : , 1 . _ _ ..,., r! _ .._ ....,..._.__. ‘,...-4:,--ws- _id ,..,...,-.41 ..=._ ___ ,\, __. . .....„, __. ._ . ,.._... • .,.„ 4,...i...7t,.!....._..r. _ __ . ..,. . . .„_ . .. ,..4,..„.._ _, _ _ ...,..„ . :___, .. _ _ ... . _._. .,...„.._.. f., ,c\ ".' _ _;/1,1 -,:rz., ;144„dr,o,.. e . fcP‘ e4. c)e� view of subject property with existing house to the North. ,,,, :y',�.S:• ti.' 4Y�i4.fir .1j�- f.. • • F '. .' 14.',W.' .:.y: °'�•: ?14.1 ,..s `.r w ' _ ,. • I ' awl . -Jr:• • ...r + ,,11+ : . 'fir �_ - `� w • r 4e_ Abandoned Alley of subject property Public Hearing Item No. 1 ZBOA Case No. 2006-05 408A Jackson Street fir' S ' ��i 3 • _ ,S . 61,4..}.,, ,_,.... „ _ _ .. ._ . - .,,.7.---_-=_, ,., c). :, -_ ? .... = ________ . - ,,c,,,, _Ell- ..•:"' fed �" w s.� • IF Eastside of block looking South along Jackson Street 5 �� 4 V. w• / :. ,ram- r v.� tiy ' �....+r' Westside of block looking South along Jackson Street ALAN GAUTHIER AND I ALAN GAUTHIER AND PATRICIA A. GAUTHIER PATRICIA A. GUATHIER VOLUME 4684, PAGE 2217 VOLUME 6004, PAGE 3768 D.R.C.C.T. D.R.C.C.T. I 2 BLOCK 2 iii r 7,6' FND 1/2" I.P. — �Y/ e, S 89'00'23n E 107.07' SET 5/6" I.R. o 13 1/2" I.R. 0.7' is a fi.0' 0 in II O x 610 kJ.n ca 'j' DONALD W. DRAIN, JR, 3 3Vi 18.1' N. N. Q VOLUME 1708, PAGE 893 a D.R.C.C.T. 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CO?-AC,^ f lt.. - ,4Lso3r3a ..` / lye a w� lzY. .1 p }y-1 r,•n=ecr<sc NA¢WE¢Y-- PLAN c. r.!0 10'7°. hr4 a 79 46/9�P69 1 0 4i , s• £ ' ,,• AP .a¢ -zr�6 5 . 4xr-cxecesc a f 4357 L xnq.",ks k �- ,Mn ,z� � 1�i'..r A nWihid 1 Ov,T• 1, µ 5,, y- j 0. ,, of P n •w,S. sq') 'a. a-y8�'IL 4! V ' - �F}1y! O �r6 '..9 � 2iUY ,rir 14 — • '.; • iLl -4 M r • G 11 1E 4 f ,•:„..„,.,....,. 3 h . �' N'GL7 1 Ar-r��YeD /rrp E` \V� l 'YAV., s'' C • 1 A+ri�r r tV"..”•,•..1 .Z t' 'art•;1 s. '' P f* - b 15. Co he C�n,,r iv rb. 1 r �y^ r Ve + -' 1 " x (.,' d. �' G r - a.r'''39 kl t ',--/1tcEy-"'a ' - e r. .thy r T' I y � C@ t,! ;a°r$ ,+�• � � ! ° �e,Lr Lek .L.� K �S ../"'a1, F S r,`y-:1,�.''1'ty'Y r1.i' i ,� r•.,-', t . � t �\ Er17ai'_ ' �CCf - rA ., f k f SSA / 11 yr 7 1 ti1 4-. y� � : Sq,1+t j^ c i .V,ii 3.4- 3 �'c ti`1 i• 4 H kP�^tk f� 9vi1,wz .•--n pn �+ ,...,IN.!�a u.W.., �...;,,,I, a1 lj iv? .;5� r .... rF .1. . ,, n,9 c..; et�4�«:'.7d:'f4'�m.:, •s- s.:• ��. ALAN GAUTHIER AND i ALAN GAUTHIER AND PATRICIA A. GAUTHIER PATRICIA A. GUATINER VOLUME 4684. PAGE 2217 VOLUME 6004. PAGE 3768 D.R.C.C.T. D.R.C.C.T. Af I I I LOT 2 ___.___._--.- I• ----�"BLOCK 2 0 I7.6' FHD t/2" i.,P.�--_ — 1-- _---ol-_ S aA'DO'.'t3" E 107.07' SET 5 8' I.R. 8' 1. 1 FNO 1/2 .....�..« f-- i an en a k. 6:14 NI �7. Is. an I I wrn llR,raY _ { ca I "' I WS • -5' END 1 N On4'53 5a.12' ".- T. ' .b r o 1i 89• 7 E _1_ T s/a, I.R. �� S°89'34'53" W 106-62' J . 4 15 0 A GRAVEL/ ASPHALT D I`P�.„. (DEEDeMfEST 1AO.D0') I I l n` Q VOLUME M1191,E MPAGE 867 I D.R.C.C.T. I i l I f !"=/oo' ro vvt S ee--+-' (1) Q OWNER NOTIFICATION MAP ZBA CASE #2006-05 NOTIFICATION REPORT APPLICANT: Richard Taylor,Habitat for Humanity APPLICATION FILE #2006-05 PO Box 868117 Plano,Texas 75086 n BLK/ABST LOT/TRACT TAXgA PROPERTY OWNER NAME ADDRESS Applicant-Richard Taylor PO Box 868117 1 Habitat for Humanity Plano,Texas 75086 Russell#1 405 N.Ballard Avenue 0 _2 Blk 2 Lot 1A R-1173.002.00% Archer Henderson Wylie,Texas 75098 Russell#1 11548 County Road 736 3 Blk 2 Lot 18 R-1173-002-001 B-1/ Albert Thompson Princeton,Texas 75407 Russell#1 PO Box 921 4 Blk 2 Lot 1C R-1173-002-001C-1 C> Lummle Wolfe Wylie,Texas 75098 Russell#1 409 N.Ballard Avenue 0 5 81k 2 lot 2A R-1173.002 002A-1 Scott Mills Wylie,Texas 75098 Russell#1 bitat for Humanity PO Box 868117 6 Blk 2 Lot 2B R-1173.002-0028-1 uth Collin County Plano,Texas 75086 Russell#1 tat for Humanity PO Box 868117 of 7 Blk 2 Lot 2C R-1173.002-0028-1 out Collin County Plano,Texas 75086 Russell#1 410 N.Jackson Avenue 8 elk 2 Lot 2D R-1173-002-002D-1 AOGauthler Wylie,Texas 75098 Russell#1 410 N.Jackson Avenue 9 Blk 2 Lot 2E R-1173-002.002E-1 Alarduthier Wylie,Texas 75098 Russell#1 Habitat f inanity PO Box 868117 10 Blk 2 Lot 2F R-1173-002-002E-1 of South Co in County Plano,Texas 75086 Russell#1 407 N.Ballard Avenue 11 Blk 2 Lot 2G R-1173-002-002G-1 Martha W Wylie,Texas 75098 Russell#1 407 N.Ballard Avenue 12 81k 2 Lot 2H R-1173-002-002G-1 Martha WatkinQ Wylie,Texas 75098 Russell#1 IC 414 B Jackson Avenue 13 Bik 2 Lot 3A-1 R-1173-002-03A1.1 Gregory Smith Wylie,Texas 75098 Russell#1 414 B Jackson Avenue 14 BIk 2 Lot 3A-2 R-1173-002-03A2-1 Gregory Smith Wylie,Texas 75098 Russell#1 509 N.Ballard Aveune 15 Blk 2 lot 38 R-1 173-002.0038.1 Jim Kiugh Wylie,Texas 75098 Russell#1 PO Box 1568 16 Blk 2 Lot 3C R-1173.002.003C-1 Scott Living Trust Wylie,Texas 75098 07:.1'e>v. Russell#1 5810 Southampton Drive .. r➢1rr,1S1 X 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-1173-003-002E-1 Laurence DeBerry II Wylie,Texas 75098 Russell#1 1 311 Willow Wood Street 19 Blk 3 Lot 2C ' R-1173-003-002C-1 Ralph Rozler Plano,Texas 75094 Russell#1 PO Box 2589 20 Blk 3 Lot 2D R-1173-003-2DRA-1 Laurence DeBerry II Wylie,Texas 75098 Russell#1 413 N.Jackson Avenue 21 Blk 3 Lot 2E _ R-1173.003-002E-1 Harvie Miller Wylie,Texas 75098 Brown&Burns r^) 401 N.Ballard Avenue 22 Blk 4 Lot 19A R-1156-0�4•U180.1 Rita Smith Wylie,Texas 75098 Brown&Burns 401 N.Ballard Avenue 23 Blk 4 Lot 19B R-1156.004- -1 Rita Smith Wylie,Texas 75098 Brown&Burns PO Box 1201 24 Blk 4 Lot 33A R-1156-004-0 Jay Davis Wylie,Texas 75098 LGD Townhomes 8277 Private Road 5397 25 --- lot 1 R-5125-003-0010 LGD Properties Nevada,Texas 75173 LGD Townhomes 1 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 aurence DeBerry II Wylie,Texas 75098 LGD Townhomes PO Box 2589 28 --- Lot 4 R-5125-003-0040-1 �//Caurence DeBerry ll Wylie,Texas 75098 LGD Townhomes PO Box 2589 29 --- Lot 5 R-5125.003.0050.1 (Pence DeBerry ll Wylie,Texas 75098 LGD Townhomes ���.../// PO Box 2589 30 --- Lot 6 R.5125.003.0060.1 Lae DeBerry II Wylie,Texas 75098 LGD Townhomes PO Box 2589 31 --- Lot 7 R-5125-003-0070-1 LaurenyleBerry II Wylie,Texas 75098 LGD Townhomes PO Box 2589 32 --- Lot 8 R-5125-003-0080-1 Laurence Berry II Wylie,Texas 75098 LGD Townhomes PO Box 2589 33 --- Lot 9 R-5125-003-0090-1 Laurence DE9 II Wylie,Texas 75098 34 O 35 It), ‘s 36 37 38 PUBLIC COMWENT FORM O./caw type or asc black ink) Planning r)epattment 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested variance as explained on the attached public notice for ZdA Case #2006-05. l am AGAINST the ecquested variance as explained on the attached public notice for ZBA Case#21106.05. `31' Date,Location&Time or 0� Zoning Board of Adjustment.meeting: Monday,lune 26,2015,7:00 Municipal �C�om^pllexOfy Texas j�Kighvny 78 North,Wylie,Tes Name: �,J, (plc ' i 1 Address f,r GQ�n�tore: . Qc\a Date: ( £NT& •d bSI62ti�ZL6 SIIIW 1700g e2It50 9D 20 unr PUBLIC COMMENT FOAM (Please type OF use black ink) Planning Department 2000 Highway 78 North Wylie,Tev. c 75098 I am FOR the requested variance as explained on the attached public notice for ZBA Case #2006-05. I am AGAINST the requested variance as explained on the attached public notice for ZBA Case#2006-05. Date,l a-ation&Time of C\3► Zoning Board of Adjustment meeting: Monday,June 26,2005,7:00 pm Municipal Complex,2000 Hi wa, 1€orth,Wylie,Texas ii Name: / _!e if'/r4 i,-e. (kJ/..s /e- J,', (please print] b.9! ff���� Address: 4( , ' �� 1!i /f f y � 111. ,/ r q p iF '�1:/✓f,_ / GJ ri"f{JIBS//_1 'erg-':I ho o r COM TS: 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 #200-6-05. • (------- 7, I am AGAINST the requested variance as explained on the attached public notice for ZBA Case#1200b-05 Date,Location&Time of *c‘ Zoning Board of Adjustment meeting: Monday,June 26,2005,7:00 pm Municipal Complex,2000 Hi iw 8 rth,Wylie,Texas Name: ���,x\ 0 E 'P 2, (please print) 5- Address: S C II Pi-+(1 p 11 o r\; L , art Sam . j ,4zs ys g CFP Date: �� 0Co '--j_ ! c 4 c 2 ltl . V C ti A% St , fis-/L__ 4 4- ./_ - /-c..___: , r qv__ _.x-. L ;2_0 . 3 C) C jx ,� I ti -,a-o iL..-CZ X`l� r -t {"t G'-'4"-[;f/�— •v /� i u "J' 1 Public Hearing Item No. 2 City ofWylie ZBOA No. 2006-06 Zoning Board of Adjustment Public Hearing: June 26, 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 Yard regulations of the Zoning OrdinancettsAQI e the rear yard setback from the required To 0 feet. .�O 'cr\v V):3 Background: ` The subject property has r een platted and is zoned Commercial Corridor. The property is bounded a est by an existing office/warehouse single story building and to the north1 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 neighborh od; (6) That the variance, if granted will not change the ter of the zoning district in which the property is located; ^�O (7) That the variance, if granted is in kee g�h the intent of the development code; and (8) That the variance, if grante..f il1Pot adversely affect the health, safety or welfare of the citizerts , ie. Considerations: e``e 1. Public commecAns were mailed to nineteen (19) property owners within 200 feet of this request, as required by State Law. One response 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 ' ! ! Siii0\- ' ' Admiral Dr re )r ! i i I I Springwall 11 �rlVe 1 1 glegency �rNe fl f 1111111 a oo e roe Avenue i i i ' `,� a i • -_ i i i i ! j W ' ' Q I I 1_ J r ... .� 'vr«ah txnw'a - m,- I i I i "' aesonDive r • o a3 roe a 1 D j . a - �-i � .h _ - CI-AN. i i a rass Creek Drive ; i i TIE Decker Court O' I ! I i Vv rvFine venue rffaini Q N io j'• Tien on Dwa J I ` , O ° i I ' i I ,,. Lbkeironi 6dve r-�._,._ _ _„� i ' • 1 1 i 1. Araerwooci Drive ,i m i T IiIII III • O law rve I IN) r I I 1 0 i WoSe !d OfN® I / ry I 1 Co-unt ood 29F I ���� / ± H i O C i \i-FrIc \/ L C _. Se Grit COust �, !' .x.. ., { \ w i n. i 1 I • ,i • • • i Li () ...-., k// r L .. . /;: - - ---= am..i a.:•' ... b.. O _ NOTIFICATION REPORT APPLICANT: Tom Allred APPLICATION FILE ZBA#2006-06 PO Box 38346 Dallas,Texas 7523E-0346 # BLK/ABST LOT/TRACT TAX 1,D, PROPERTY OWNER NAME ADDRESS Applicant PO Box 3 46 1 ^ Tom Allred Dallas,Texas 78238 A&W Addn („' 3838 Oak Lawn Avenue#1100 2 Blk A Lot 1 R-8408.00A-0010.10 Robert Westerburg Dallas,Texas 75219 Lakeside Estates#3 _ 313 Lakefront Drive 3 8Ik M Lot 20 R-4861-00M-0200.1 I�1 Julia McHargue Wylie,Texas 75098 Lakeside Estates#3 �`r+ PO Box 45 4 B1k0 Lot 21 R-4861.000-0210-1 C>Kenneth Shields Schertz,Texas 78184 Lakeside Estates#3 PO Box 850501 5 91k O Lot 22 R-4861-000-0220-1 6ayne Williams Mesquite,Texas 75186 Lakeside Estates#3 <' PO Box 245 6 BIk U Lot 1 R-4861.ODU-0010-1ptgAmaechl Wylie,Texas 76098 Lakeside Estates#3 LL`VVV 2213 Lakeridge Lane 7 BIk U Lot 2 R-4861.00U-0020.1 WilllieNunez Wylie,Texas 75098 Lakeside Estates#3 2211 Lakerldge Lane 8 BIk U Lot 3 R•4861.00U-0030.1 Jackie t Christian Wylie,Texas 75098 Lakeside Estates#3 Lakesid s tes 1431 Greenway Drive#700 9 8Ik H Lot 1A R-4246.00H-001A-1 , Home Owners lotion Irving,Texas 75038 Lakeside Estates#2 • 312 Trenton Drive /, 10 BIk M , Lot 19 R-4531-OOM•0190-1 Zufan Abeb Wylie,Texas 75098 PO Box 1042 11 Abst 849 Tract 41 R-6849.000-0410-1 Ida Pearl Schol e Wylie,Texas 76098 //�� 1401 Pacific Avenue 12 Abst 849 Tract 42 R-6849-000-0420-1 Dallas Area Rapid Tranait Dallas,Texas 76202 013 Abst 835 Tract 8 R-6835 O00-0080-1 Mary Davis ,I 7615 Courtney CircleSachse,Texas 75048 3 Chula Vista Terrace 14 Abst 836 12 R-6836-000-0120-1 William Henry Wylie,Texas 75098 PO Box 3067 15 Abst 836 12R R-6835-000.012R-1 State of Texas Dallas,Texas 75221 2722 West FM 544 0 16 Abst 835 46 R-6836-000.0460-1 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 644 West 18 Abst 1061 Tract 8 R-7061.O00.0080.1 Henry Garland Wylie,Texas 76098 ir. 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''.-.:..:: I-A."41. -::‘•••'.•'• I ' ::••.2''••:-.', SI••,::: .:•,.:„e.: .!•.''.7:':•-•..";.::;,,'‘• : ,.::.'....C.:. _; ..'; ••-i:;;7'!...- :••••:,:,.•." i..-::;::•,•-'''ail••: : .',..-414,3.:• . :717.r.,,..-442:::• frr. . ; .::, .4,.....f r_. 0.::- .:...:,:...7...:::. .t... ..,..7). ..q.: ...••1 .-.. ..-..:,_.._...._). 1 i r 1 .- 1.• . 1 ....,: )CO,Ar :5E- .. I _. ••----, I %., • \ \ \ \ \ 0 1 ‘..., \ \ \ ... kJ i "-=2.0, IC s''.)•-.•Ve3v. ,f,•:...A01,11•1s1" OWNER NOTIFICATIONP 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. 'ON Olaifed on the attached public notice for ZBA /ILL\ I am AGAINST the requested v��P Case €2006-06. O ic\0 e'� Date,Location cr i ZoningBo At •Nstment meeting: Monday,June 26,2005,7:00 pm Municipal.Complex,2000 Highway 78 North,Wylie,Texas G a�� Name: 7_11,rt, A c 4he (please Address: .g I T 4f4t-CIi I Signature: 74 Date: D 0.6 COMMENTS: PUBLIC COMMENT FORM (Please type or use black ink) Planning Department 2000 Highway 78 North Wylie,Texas 75098 VI am FOR the requested variance as explained on the attached public notice for ZBA Case #2006-06. I am AGAINST the requested wa `Olained on the attached public notice for ZB A Case 42006-06. ic\O 'ego Date,Location& i Zoning a\ljustment meeting: Monday,June 26,2005,7:00 pm GeW Municipal Complex,2000 Highway 78 North, Wylie,Texas Cfj\ Name:` F Da- 115 (please print) -� Address: I. - 5 e [i5dkse r ( Signature: / Jy I Date: "'�� 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 vai&—explained on the attached public notice for ZSA Case#2006-06. ,c\O ►eo Date,Location f-& in Zoning a\ljustment meeting: Monday,June 26,2005,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas G�� Name: /D/g ii4-c c 4. y73 o Ti (please print) Address: 2 72 Z 5 4 Signature C . Date: d- - aL COMMENTS: _ /.C�rnfo rr r ,4 �!--Lr,efor.2✓ Oxr� �rp� r �5 7z. 7- t;a' AlsUArg a&r }j .vte "Pie.4"444e-i Gr1LLc /2 R7 41)44 ru.44, re, 5-6.6-l1- Pi7 ns 14 To ��.41r .r- -4.664, f r � �y !� — LJ m