Loading...
11-20-2023 (Zoning Board of Adjustment) Agenda PacketWylie Zoning Board of Adjustments Regular Meeting November 20, 2023 — 6:00 PM Council Chambers - 300 Country Club Road, Building #100, Wylie, Texas 75098 CALL TO ORDER 1„I CITY OF WY'LIE 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 aform prior to the meeting in order to speak. Board requests that comments be limited to three minutesfor 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. 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. Meeting Minutes from September 18, 2023 Regular Meeting REGULAR AGENDA I.......... Hold a Public Hearing to consider and act upon a request by Charles R. Taylor for a variance to Section 5.2.18 of Planned Development 2002-52 to allow for an accessory structure with a 1' proximity setback to the main structure in lieu of the required setback of 5'. Property located at 1302 Taren Trail. ZBA 2023-08 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 November 16, 2023. 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 IIIIa �� m � 1 1 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 executive 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. IIIIa m � e 2 2 11120120231tem A. Department: Prepared By: Zoning Board of Adjustment Planning Item: Lillian Baker AGENDA REPORT Consider, and act upon, Minutes from the September 18, 2023 Regular Meeting. Motion to approve Item A as presented. The minutes are attached for your consideration 9 1112012023 Item A. Wylie Zoning Board of Adjustments Regular Meeting September 18, 2023 — 6:30 PM Council Chambers - 300 Country Club Road, Building #100, Wylie, Texas 75098 CALL TO ORDER 1„I CITY OF WYLIE Chair Jennifer Grieser called the meeting to order at 6:30 pm. Board members in attendance were Chair Jennifer Grieser, Board Member Byron Betler, Board Member Richard Covington, Board Member Hamza Faraz, Board Member Michael Innella, Director of Community Services Jasen Haskins, Sr Planner Kevin Molina, and Secretary Lillian Baker. Absent were Vice Chair Harold Smith, and Board Member Aaron Lovelace. 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 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. 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. A. Meeting Minutes from August 21, 2023 Regular Meeting Board Action on Consent Agenda A motion was made by Board Member Covington and seconded by Board Member Innella to approve the consent agenda as presented. A vote was taken and carried 5 — 0. REGULAR AGENDA 1. Hold a Public Hearing to consider and act upon a request by Clayton McLucas for a variance to Section 2.5.0 of the Zoning Ordinance to allow for 0' side setbacks in lieu of the required side setback of 5'. Property located at 3122 Grandview Dr. ZBA 2023 -07 Staff Discussion on Regular Agenda Item I Sr Planner Molina presented. The applicant is requesting a 0' setback in lieu of the 5' setback for a patio cover that has already been started. If the variance is approved, modifications will need to be made to make it structurally sound. However, for this variance it is only for the setback. Twenty-three notices were mailed and none were received in favor or against. The height is less than the fence height. The applicant was issued a stop work order. In order to proceed for a permit, he needs the variance approved. The applicant was present and approached the Board. 11120120231tem A. Applicant Clay McLucas stated that the structure is being built for protection of lawn equipment for his business. He stated it is not attached to the house, but attached to the fence. He stated he was unaware that a permit was required. He does not have any other plans for other builds of this nature. The roofing is fiberglass. The Board asked if two structures were being built. Applicant McLucas stated it was separated for a garden area and was two separate structures. He stated it was not visible from the street or his neighbor's residence. The Board asked if fuel would also be stored. The applicant stated no, that the only fuel would be contained within the equipment itself. The Board also asked about the material for the roofing, to which applicant McLucas stated it was corrugated fiberglass. Chair Grieser opened the Public Hearing at 6:42 pm. Citizen Charles Elrinq approached the board in favor of Applicant Lucas' request. The public Hearing was closed at 6:43pm Board Action and Regular Agenda Item I A motion was made by Board Member Faraz and was seconded by Board Member Innella to approve the variance from a 5' setback to a 0' setback. A vote was taken and carried 5 — 0. 2. Discuss adjusting the meeting start time from 6:30 pm to 6:00 pm to be in line with the other boards, commissions, and city council. Board Discussion on Regular Agenda Item 2 Director Haskins addressed the board on changing the start time to align with all other City Meetings. All Board Members were in agreement that there was no issue to change the meeting start time. Board Action on Regular Agenda Item 2 A motion was made by Board Member Betler and seconded by Commissioner Covington to move the meeting start time from 6 : 3 0 pm to 6: 00 pm. A vote was taken and Carried 5 — 0. ADJOURNMENT A motion was made by Board Member Betler and seconded by Board Member Covington to adjourn. A vote was taken and carried 5 — 0. Chair Grieser adjourned the meeting at 6:48 pm. Jennifer Grieser, Chair ATTEST Lillian Baker, Secretary IIII a g e 12 11120120231tem 1. Department: Prepared By: Planning Kevin Molina Wylie Zoning Board of Adjustments AGENDA REPORT Item Number: Hold a Public Hearing to consider and act upon a request by Charles R. Taylor for a variance to Section 5.2.18 of Planned Development 2002-52 to allow for an accessory structure with a 1' proximity setback to the main structure in lieu of the required setback of 5'. Property located at 1302 Taren Trail. ZBA 2023-08 Motion to annrove. denv. OWNER: Charles R. Taylor APPLICANT: Charles R. Taylor The applicant is requesting a variance to Section 5.2.18 of Planned Development 2002-52 to allow for 1' proximity setback to the main structure in lieu of the required setback of 5' for the permitting of an accessory structure that measures 80 sq. ft. (8'XIO'). The property is located at 1302 Taren Trail. The accessory structure is being proposed to replace a previously existing structure of the same dimensions. The previous structure was placed without a permit. The new structure shall provide wood siding with matching shingles to the primary house. The applicant believes the variance request has merit for the following reasons: - The applicant has received HOA approval pending the City's approval of the variance. The letter is included in the packet. - The accessory structure has a minimal impact on the surrounding property as it does not contain windows and will be screened by an existing wooden fence on the subject property. The height of the accessory structure is 7' at the peak of the roof. Public comment forms were mailed to thirty-two (32) property owners within 200 feet of this request, as required by State Law. At the time of posting three comment forms were returned in favor and one in opposition of the request. The comment form received in opposition was from a property owner located within a different subdivision located outside of the notification area. 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: 11120120231tem 1. (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. m o.2 0.3 Miles I I I I I I J Date: 11/2/2023 I 11120120231tem 1. i / j rill. / / / / ai / ` a J / / / _ r / / / 11/20/20231tem 1. Mvkiw would I'like to f6rmatly rer/quest approvIalfor a, I "keto replace an, e,,x,',, 1 302'Tc�ren 0 / ................../ ." ...." / / I / I I IIli / � I i I uu i I / I I / / I I / / I 1 / / / / / I I / / / / / a / / 1 / / I i I / / / / I / / I Turaiii. would Jj I lex i e 1 / 0 / I / I / / � I st L I _ I I _ I I� / ,, 1 I 1 11 1 I i I I / I I l / 1 ; / I r: r i pierm" I I Which q I i I, � I ; I ', I / / Structure I / / moire I I / tothe'resid / / I �I I a / a / I I 1 I ( / / I / J totheand I matching I � 1 , I t ; , , I � I / / „ f / 1 y, electr 'j III �I I I 6try, II I I I ,, IL J f t l I 1 �l I f I I I / , J / / i / 1 I %/ � 1. 1 I I I ,.. , ,li � w _I, �f . ICI ( , I I � I , � � I . ,.i I� � I �,% � + � � J rt �u I � I J � �� If � II Ul ,II�� � ( I 1 10 1112012023 Item 1. f JII 1 I IIII 1 1 J ,., I���)�V19'!�'�WIV!;PfJNI (NI',rv'4➢'�WNN' II� l ! �, r III �+III I III III �, " I I I..' f i o i ➢➢ Y 1 I N I I 4 %t � I f I G f 1 f i s f gry,�/��prrrp/gip , ����f�IWr�ll�➢ r„ _ i l Iff 1112012023 Item 1. A acm LLC Do �zman Mm "'aster, H M' 10, C10 `12,7,00`; IwI Wla II t. TXV, 7 5 91,72-A1l5,l8,,,,N,2,:200 ..... . ........ . ...... . ............ ............ DPW Da/te: Oct,'o'ber 31, 2023 1302"Twixx, "'dry ,l Cln,"stfi.na. lTAy1Qc/,r,, 302 c"i 175098 Dicar-C,hi III ", 6 "11 a y ,iarll J, 9 - For it All "If the 11,111,11-11i,tls,�t M prqjec, Sh'*,/d I'an a to D: / Mr, �'I, y on'ti that, the';AA ozrnnaa M tal J-110A, A,,,,rc/,Ii,,i"I"L(,C,,i,rMC M,M111 "'0 as- er t t 0 ro"Howing, A he -city, apprulove s,thcN, variance f6r the�/',,Illt),ca��t��*tllo,,tk� of tb�/",/e,,s,,,,:,,,,,'�,h,,,,,i ,p aved �as "fong-ass it" pr 'v RI A Ch , s p"I" aliotx, '41" al is col ngent ui,,pon comi/,111,11"n1ce, W�11 'b /m ,,,e rcPons". b IT , NXI 'r i o, u. n / t y. coo Ity or" pe glood, f 1, etter ft),r yvourfi Its' . Till, s 1, ,I's nust be ditud., "you have a,,n,, q an 1� "T 'b a ip, at nr - n M lfa agic-C i],"us ozm s R "Ji M 14 1112012023 Item 1. tj 22 0 13, 111"'y . . . . . . . . // 0 13 2 N CAl';` at4, "goo"" M a .......... ............ rl 13 12%, � � ��i�F �Nlu'Nl 13 10 13 15 13 17 1 19; 13 2 1 r rig rr 13, 131 113 1,3018', 113 0 9 ... . .. ..... ..... .... ........ .. /# AP 11017 C)A, ZONING BiOlA,RD OF ADJUSTMENT CASE: ZBA 20123-08 1302'Thren'Trail a fiflou ff i SUBJECT property tio 1 200 foot Notification Bu�ff6ir in aj aj a 01 50 11010 2010 31010 Feet, H I DD EN -/VA LLEY.1-C I R M 15 ,.ICILY OF �� WYLIE IF ii irst IN a im e IKaine Sb� eet Add�ress 1303'TaireIrk 'Tirli AMress i ........... lii iiri e 2 GAY Wylke i)ostar i / Zp Code '75098 Case #* ZIBA2023-08 1302'TaireIrk 'Tiralill Last INaime Milt State / i:'rovlii in / iReg011 'TX Respoinse * 11 aim FOR the Ire quested zoiniiIrk g as exIll allIrk ed oin th IpulbIllic Irk o-fice 11 aim AGAIIINST the ireques-ted zoIrk i'lIrk g as expliallIre ed oin th IpulbIllic agree and understand that by signing the electronic signature, that it is the equivalent to my many allhandwritten signature.. Sliginatuire *ii Date of Sliginatuir 11/13/2023 1 16 11/14/23, 8:21 AM Public Comment Form 11120120231tem 1. Planning and Zoning Department 11 Country Club Rd, Building ! • . 1 7oning Case Public Comment/Response Form III KatheirIIne Street Address r in tr iI I Address Line 2 City Wy�he Zip Code Middle �Naime Johnson Last �N m y Matheiney State Email * auntiekatie007@gmaii.com ftu Case # (please select,the casOthat corresponds with'the 1 ' it in 'i H I aim FOR the requested zoinin4hedI ii in tii aim AGAINSTthe t in iI in I ii in in t I iI Comments �Einjoy your inew shed! agree and understand that by signing the electronic signature, that it is the equivalentrid signature. 17 https://Ifweb.wylietexas.gov/Forms/form/submission/history/63229/131255?hideHeader=true 11/14/23, 8:21 AM Public Comment Form 11120120231tem 1. Staff Review Date of Signature 11/11/2023 Selections below will be used to generate email and calendar invite to citizen. Meetling'Type* In I Ing Boardf Adjustiment i MeetlingTime* Meetling Location II, H , Couin6I Ir Meetling County300 � . 100, Wyhle Add additional h' i III Meetling 18 https://Ifweb.wylietexas.gov/Forms/form/submission/history/63229/131255?hideHeader=true ,.ICILY OF �� WYLIE IF ii irst IN a im e lEirlic Sb� eet Add�ress 1318 H111111 MewTiralill AMress i ........... lii iiri e 2 GAY Wylke i)ostar i / Zp Code '75098 Case #* ZIBA2023-08 1302'TaireIrk 'Tiralill MliddIle INaime W111111liairn Last IN aim e Kell-UhIley State / i:'rovlii in / iReg011 'TX Respoinse * 11 aim FOR the Ire quested zoiniiIrk g as exIll allIrk ed oin th IpulbIllic Irk o-fice 11 aim AGAIIINST the ireques-ted zoIrk i'lIrk g as expliallIre ed oin th IpulbIllic agree and understand that by signing the electronic signature, that it is the equivalent to my many allhandwritten signature.. Sliginatuire *ii Date of Sliginatuir 11/15/2023 1 19 ,.ICILY OF �� WYLIE IF ii irst IN a im e IMair� Sb� eet Add�ress 1509 wilindwair d II life AMress i ........... lii iiri e 2 GAY Wylke i)ostar i / Zp Code '75098 MliddIle INaime Joyce Case #* ZIBA2023­08 Setback --for 1302'Tairein'Tirafill Last IN aim e Wairineir State / i:'rovlii in / iReg011 'TX Respoinse * 11 aim FOR the Ire quested zoinliIrk g as exIll allIrk ed oin th IpulbIllic inotlice 11 aim AGAIIINST the ireques-ted zoIrk i'lIrk g as expliallIre ed oin th IpulbIllic Comments IMoved -tII ii ii lid IIt'sIbex oimeto imuch tiraffliIrk Ipeoplie agree and understand that by signing the electronic signature, that it is the equivalent to my many allhandwritten signature.. Sliginatuire *ii Date of Sliginatuir 11/5/2023 1 20