06-12-2023 (Zoning Board of Adjustment) Agenda Packet
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Wylie Zoning Board of Adjustment Regular Meeting
June 12, 2023 – 6:30 PM
300 Country Club Road #100 - Executive Conference Room #106 , Wylie, Texas 75098
CALL TO ORDER
COMMENTS ON NON-AGENDA ITEMS
Any member of the public may address Board regarding an item that is not listed on the Agenda. Members of the public must
fill out a form prior to the meeting in order to speak. Board requests that comments be limited to three minutes for an indiv idual,
six minutes for a group. In addition, Board is not allowed to converse, deliberate or take action on any matter presented during
citizen participation.
CONSENT AGENDA
All matters listed under the Consent Agenda are considered to be routine by the Board and will be enacted by one motion.
There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Ag enda
and will be considered separately.
A. Consider, and act upon, Minutes from the April 17, 2023 Regular Meeting.
REGULAR AGENDA
1. Hold a Public Hearing to consider and act upon a request by Barrett Smith for a variance to Section 4.2 of
Planned Development 2005-24 to allow for 10’ rear setbacks in lieu of the required rear setback of 20’ and
4’ side setback in lieu of 11’ side setback. Property located at 1209 Cedar Point. ZBA 2023-02
WORK SESSION
RECONVENE INTO REGULAR SESSION
EXECUTIVE SESSION
RECONVENE INTO OPEN SESSION
Take any action as a result from Executive Session.
ADJOURNMENT
CERTIFICATION
I certify that this Notice of Meeting was posted on June 9, 2023 at 5:00 p.m. on the outside bulletin board at Wylie
City Hall, 300 Country Club Road, Building 100, Wylie, Texas, a place convenient and readily accessible to the
public at all times.
___________________________ ___________________________
Stephanie Storm, City Secretary Date Notice Removed
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The Wylie Municipal Complex is wheelchair accessible. Sign interpretation or other special assistance for disabled
attendees must be requested 48 hours in advance by contacting the City Secretary’s Office at 972.516.6020. Hearing
impaired devices are available from the City Secretary prior to each meeting.
If during the course of the meeting covered by this notice, the Board should determine that a closed or execut ive
meeting or session of the Board or a consultation with the attorney for the City should be held or is required, then
such closed or executive meeting or session or consultation with attorney as authorized by the Texas Open Meetings
Act, Texas Government Code § 551.001 et. seq., will be held by the Board at the date, hour and place given in this
notice as the Board may conveniently meet in such closed or executive meeting or session or consult with the
attorney for the City concerning any and all subjects and for any and all purposes permitted by the Act, including,
but not limited to, the following sanctions and purposes:
Texas Government Code Section:
§ 551.071 – Private consultation with an attorney for the City.
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Zoning Board of Adjustment
AGENDA REPORT
Department: Planning Item: A
Prepared By: Lillian Baker
Subject
Consider, and act upon, Minutes from the April 17, 2023 Regular Meeting.
Recommendation
Motion to approve Item A as presented.
Discussion
The minutes are attached for your consideration
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06/12/2023 Item A.
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Wylie Zoning Board of Adjustments Regular Meeting
April 17, 2023 – 6:30 PM
2nd Floor Conference Room #230- 300 Country Club Road, Building #100, Wylie, Texas
75098
CALL TO ORDER
Meeting was called to order by Chair Byron Betler at 6:30PM. Board Members present: Board Member Aaron
Lovelace (arrived at 6:35PM), Board Member Richard Covington, Chair Byron Betler, Vice Chair Harold Smith,
Alt Board Member Jennifer Grieser, Director of Community Services Jasen Haskins, Senior Planner Kevin Molina,
and Secretary Lillian Baker. Absent: Board Member Sharon Osisyana and Alt Board Member John Perdomo.
COMMENTS ON NON-AGENDA ITEMS
Any member of the public may address the Board regarding an item that is not listed on the Agenda. Members of the public must fill
out a form prior to the meeting in order to speak. Board requests that comments be limited to three minutes for an individual , six
minutes for a group. In addition, the Board is not allowed to converse, deliberate or take action on any matter presented during citizen
participation.
CONSENT AGENDA
All matters listed under the Consent Agenda are considered to be routine by the Board and will be enacted by one motion. The re will
not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and wi ll be
considered separately.
None approached the Board.
A. Consider, and act upon, Minutes from the January 12, 2023 Regular Meeting.
BOARD ACTION
A motion was made by Board Member Smith and seconded by Alt Board Member Grieser to approve the Consent
Agenda as presented. A vote was taken and the motion passed 4-0.
REGULAR AGENDA
1. Hold a Public Hearing to consider and act upon a request by Samantha Molina for a variance to Section 2.02(n)
of Planned Development 1998-15 to allow for 1’ rear setbacks in lieu of the required rear setback of 10’. Property
located at 2214 Fair Parke Lane. ZBA 2023-01
PUBLIC HEARING ON REGULAR AGENDA
Chair Betler opened a Public Hearing. Senior Planner Molina presented applicants submittal for an outdoor structure
and variance request. Staff noted that both were approved by HOA and Applicant went through proper channels for
request. Citizen Sheets, next door neighbor to applicant, addressed the Board with concerns on the height and outdoor
fireplace. Distance between build and property line were also raised by Citizen Sheets. Staff stated that the structure
and other items were a topic of discussion with the HOA and that the Boards focus of discussion was the variance
that the Applicant applied for with the city. Chair Betler closed the Public Hearing.
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06/12/2023 Item A.
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BOARD ACTION
A motion was made by Board Member Covington and seconded by Alt Board Member Grieser to approve the
Regular Agenda. A vote was taken and the motion passed 5-0.
ADJOURNMENT
A motion to adjourn was made by Vice Chair Smith and seconded by Alternate Board Member Grieser. A vote was
taken and passed 5-0. The meeting was adjourned at 6:52PM.
Byron Betler, Chair
ATTEST
Lillian Baker, Secretary
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06/12/2023 Item A.
Wylie Zoning Board of
Adjustments
AGENDA REPORT
Department: Planning Item Number: 1
Prepared By: Kevin Molina
Subject
Hold a Public Hearing to consider and act upon a request by Barrett Smith for a variance to Section 4.2 of Planned
Development 2005-24 to allow for 10’ rear setbacks in lieu of the required rear setback of 20’ and 4’ side setback in lieu of
11’ side setback. Property located at 1209 Cedar Point. ZBA 2023-02
Recommendation
Motion to approve, deny.
Discussion
OWNER: Barrett Smith APPLICANT: Barrett Smith
The applicant is requesting a variance to Section 4.2 of the Braddock Place Estates Planned Development (PD 2005-24) to
allow for 10’ rear setbacks in lieu of the required rear setback of 20’ and 4’ side setback in lieu of 11’ side setback for t he
construction of a 1,086 residential addition. The property is located at 1209 Cedar Point. The purpose of the addition is to
allow for an elderly family member to move into the home. The dimensions of the structure are compliant with ADA
recommendations for wheelchair accessibility (36’ wide doorways, 48” hallway and passages).
The applicant believes the variance request has merit for the following reasons:
- The Braddock Place Estates Architectural Committee has approved the applicant’s request contingent on city
approvals.
- The proposed structure has a minimal impact on privacy for the adjacent properties as no large windows are being
installed that face the north or west side of the property .
- The proposed structure has a minimal impact to the adjacent property to the west due to there being a 10’ wide
utility easement on the western property. This easement functions as an additional setback for the two properties.
Public comment forms were mailed to seventeen (15) property owners within 200 feet of this reque st, as required by State
Law. At the time of posting two comment forms were returned in favor and none in opposition of the request.
The Board shall not grant a variance to the development code which:
(1) Permits a land use not allowed in the zoning district in which the property is located; or
(2) Is in the public right-of-way or on public property; or
(3) Alters any definition of the development code; or
(4) Is other than the minimum variance that will afford relief with the least modification possible to the requirements
of the development code; or
(5) Is based on physical conditions or circumstances of the property so general or recurring in nature as to reasonably
make practicable the formulation of a general regulation to be adopted as an amendment to the development code;
or
(6) Is based exclusively on findings of personal or financial hardship.
In order to grant a variance to the development code the Board shall find that all the following have been satisfied:
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(1) That there are unique physical circumstances or conditions of the lot, or other exceptional physical condition
particular to the affected property;
(2) That because of these unique physical circumstances or conditions, the property cannot be reasonably developed
or used in compliance with the provisions of the development code;
(3) That due to such unique physical circumstances or conditions, the strict application of the development code
would create a demonstrated hardship;
(4) That the demonstrable hardship is not self-imposed;
(5) That the variance if granted will not adversely affect the proposed development or use of adjacent property or
neighborhood;
(6) That the variance, if granted will not change the character of the zoning district in which the property is located;
(7) That the variance, if granted is in keeping with the intent of the development code; and
(8) That the variance, if granted, will not adversely affect the health, safety or welfare of the citizens of Wylie.
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