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08-21-2023 (Zoning Board of Adjustment) Minutes Wylie Zoning Board of Adjustments Regular Meeting August 21, 2023—6:30 P Council Chambers- 300 Country Club Road,Building#100,Wylie,Texas 75098 CITY OF WYLIE CALL T Vice-Chair Harold Smith called the meeting to order at 6:30 p. . Board Members present were Vice-Chair Harold Smith, Board Member Jennifer Grieser, Board Member Richard Covington, Board Member Aaron Lovelace, Director of Community Services Jasen Haskins, Senior Planner Kevin Molina, and Secretary Lillian Baker. Absent were Alternates Hamaz Faraz and Michael Innella. COMMENTS 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 individual, six minutes for a group. In addition, Board is not allowed to converse, deliberate or take action on any matter presented during citizen participation. None approached the Board. ELECTION OF CHAIR AND VICE-CHAIR A. Nominate and Motion for Chair B. Nominate and Motion for Vice-Chair Board Action on Election of Chair and Vice-Chair Items A and A motion was made by Board Member Lovelace and seconded by Board Member Covington to nominate and elect Board Member Jennifer Grieser for Chair. A vote was taken and carried 4—0. A motion was made by Chair Jennifer Grieser and seconded by Board Member Lovelace to nominate and re-elect Vice-Chair Smith for Vice-Chair.A vote was taken and carried 4—0. WORK SESSION S 1. Hold a work session to discuss the Zoning Board of Adjustments Rules and Procedures Board Discussion of Work Session WS1 Director Haskins presented an overview of rules and procedures for the Zoning Board of Adjustment. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the Board and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. Page 11 A. Consider and Act upon Zoning Board of Adjustment Regular Meeting Minutes from June 12,2023. Board Action on Consent Aggnda A motion was made by Vice-Chair Smith and seconded by Board Member Lovelace to approve the Consent Agenda as presented. A vote was taken and carried 4—0. REGULAR AGENDA I. Hold a Public Hearing to consider and act upon a request by Jeffrey Basch for a variance to Section 2.5.0 of the Zoning Ordinance to allow for l' side setbacks in lieu of the required side setback of 20' and I' residential proximity requirement in lieu of 5'. Property located at 100 N Westgate Way. ZBA 2023-04. Staff Comments on-RMular-Agenda Item I Senior Planner Molina presented an overview of the variance request for a patio cover. The patio cover measures 352 square feet. Construction had already begun before variance was requested. Twenty-seven comment forms were mailed and three were returned in favor. The applicant was present and approached the Board. Applicant Basch stated that he obtained signatures from neighbors that were in favor of the variance request, with a photo of the partial construction. The Board asked why approval for the variance was not obtained prior to the Zoning Board of Adjustment's approval. Applicant Basch stated that it was an unfortunate oversight. Public Hearing on Regular Agenda-1tern I A Public Hearing was opened at 6:45 p.m.None approached the Board and the Public Hearing was closed. Board Action on-Regular Agenda Item I A motion was made by Board Member Lovelace and seconded by Vice-Chair Smith to approve Regular Agenda Item 1 as presented. A vote was taken and carried 4—0. 2, Hold a Public Hearing to consider and act upon a request by Susan Cranford for a variance to Section 4.2 of Planned Development 2005-24 to allow for 5' rear setbacks in lieu of the required rear setback of 18'. Property located at 1213 Shadow Hills Drive. ZBA 2023-05. Staff Comments on Regular Agenda Item 2 Senior Planner Molina presented on overview of the variance request. The 18' setback is calculated by the depth of the lot by 10%that was determined previously by the Planned Development(PD). The Zoning Ordinance states that the rear setback can be 3' and the applicant is building at 5',which is two more feet than is allowed by right, according to the ordinance. Nineteen notifications were mailed and three were received in favor and one against. Applicant was present. Board asked for location clarification,which Senior Planner Molina presented. The Board asked if it was for the side or just the rear setback. It was just for the rear of the property. The Board also asked what was behind the residence,which was another residence/house. Applicant Todd Cranford and Susan Cranford approached the Board and stated they wanted an accessory/garage on their property. They wanted it setback 5' from rear and said bringing it closer to their home would be less ideal and not useable as a garage. They stated that they did consult with their rear neighbor who did not have issue. Board asked if they obtained HOA approval,which applicant stated that they decided to start with the City before approaching their HOA. Director Haskins stated that the setback, for this subdivision, was based on longer lots which creates a wider than necessary setbacks. Page 12 Public Hearing-on RegujaLAgeuda Item 2 A Public Hearing was opened at 6:54 pm. Citizen Christine Meredith approached the Board and stated concerns of the pool location based on the setbacks. She suggested that the structure be built closer to the applicant's pool. Citizen Meredith also expressed concern on the height and asked for clarification. Senior Planner Molina stated that the PD does allow for 36' for accessory structures and the City allows for 15'. Applicant Cranford was allowed rebuttal. Applicant Cranford stated it was only the rear setback that was being addressed and if the building is moved closer to the residence or the pool, they would not be able to use for intended purpose. The drive-way already exists and moving the structure to another location on the property is not an option. Director Haskins addressed the question from Citizen Meredith, regarding the setback for pools, and stated that pools do not have setback requirements. The Public Hearing was closed. The Board had her discussion and reiterated the rear setback requirement was within reason based on the City Ordinance. Board Action on Rggular Agenda Item 2 A motion was made by Vice-Chair Smith and seconded by Board Member Covington to approve Regular Agenda Item 2 as presented. A vote was taken and carried 4-0. 3. Hold a Public Hearing to consider and act upon a request by Timothy Wren for a variance to Section 3.2.13 of the Zoning Ordinance to allow for 3' rear setbacks in lieu of the required rear setback of 25'. Property located at 306 Harvest Bend.ZBA 2023-06. Calf Oom ants can R ular agenda Items Senior Planner Molina presented. The addition is for a garage and mainly a vacant lot. The thoroughfare shows Anne Drive will go through the area and that homes may be there in the future, but currently it is vacant. Board Member Lovelace asked if homes were built, would that pose an issue? Director Haskins stated that it would be an S-curve and would not pose an issue. Applicant was present. Applicant Sarah Wren, Timothy Wren, and their Contractor Mark Grazele approached the Board.Applicant stated they were looking to build extra garage space. There is an existing slab that was previously approved. Director Haskins reiterated that they did not start the garage before they approached the Board. The slab was already approved prior to the variance request for the structure. The Board asked about the material and the applicant stated it would be similar to the back siding of their residence and is not in view of the neighbors,based on how it is situated. Public ffearing-on-Re!glar Agenda-Itern 3 - A Public Hearing was opened at 7:07 p.m.No one approached the Board and the Public Hearing was closed. 13-o-a-rd-Action-on Repula - r_AUnda I A motion was made by Board Member Covington and seconded by Board Member Lovelace to approve Agenda Item 3 as presented. A vote was taken and carried 4-0. ADJOURNMENT A motion was made by Board Member Covington and seconded by Vice-Chair Smith to adjourn. A vote was taken and carried 4-0. The meeting was adjourned at 7:08 p.m. Page 63 -------- ..... ------- 4, n ier4G ,per air — ATTEST 49LEII�ian Ba�ker, Secretary Page 14