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07-15-2024 (Zoning Board of Adjustment) Agenda PacketCALL 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 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. ELECTION OF CHAIR AND VICE -CHAIR Nominate and motion for Chair Nominate and motion for Vice -Chair WORK SESSION DVS 1. Discuss ZBoA rules and procedures. 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. Consider and act upon, approval of the meeting minutes from the March 18, 2024 Zoning Board of Adjustments meeting. REGULAR AGENDA I Hold a Public Hearing to consider and act upon a request by Crystal Thomas for a variance to Section 2.5.0 of Zoning Ordinance 2023-23 to allow for an accessory structure within a utility easement, within the side setback and within the setback of the proximity to a main structure. Property located at 1725 Port Tack Lane. (ZBA 2024-03). RECONVENE INTO REGULAR SESSION EXECUTIVE SESSION RECONVENE INTO OPEN SESSION Take any action as a result fNom Executive Session. age 11 1 CERTIFICATION I certify that this Notice of Meeting was posted on July 12, 2024 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 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. 2 0711512024 Item WS1. Wylie Zoning Board of Department: Prepared By: Planning Item Number: Jasen Haskins, AICP Case Number: Discuss ZBoA rules and procedures. Staff will give a presentation on Zoning Board of Adjustment Rules and Procedures. WS -1 N/A Adjustment 0 07/15/2024 Item WS1. .�k } IN z..... r. .. . 0711512024 Item WS1. 19 91 1111111111011101111 Land Use Authority Chapter 1 LGC iing Board of Ad -lal Government Ml 7-1 munm om ILI A R 0711512024 Item WS1. .......... bill PH. ➢ LI A 0711512024 Item WS1. r t t tt when require( 00-00-� a ,a owe - -we HaskinsJasen Director of Community Services Qasen. as lit Kevin Molina Senior i Gabby Fernandez Administrative Assistant 11 , rietexas.gov 0711512024 Item A. JAI f'V CITY OF WYLIE Department: Planning Prepared By: Gabby Fernandez Zoning Board of Adjustment Item: A Consider, and act upon, Minutes from the March 18, 2024 Regular Meeting. Motion to approve Item A as presented. The minutes are attached for your consideration 0711512024 Item A. Wylie Zoning Board of Adjustments Regular Meeting March 18, 2024 — 6:00 PM Council Chambers - 300 Country Club Road, Building #100, Wylie, Texas 75098 CALL TO ORDER JAI f'N CITY OF WYLIE Vice -Chair Smith called the meeting to order at 6:01 p.m. In attendance were Vice -Chair Harold Smith, Board Member Michael Innella, Board Member Byron Betler, Board Member Richard Covington, Director of Community Services Jasen Haskins, Senior Planner Kevin Molina, and Administrative Assistant Gabby Fernandez. Absent was Chair Jennifer Grieser. 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 February 19, 2024 Regular Meeting A motion was made by Board Member Innella and seconded by Board Member Covington to approve the Consent Agenda as presented. A vote was taken and carried 4 — 0. I R DR111) MR N U. "pr r� Hold a Public Hearing to consider and act upon a request by Sudheer Vootkuri for a variance to Section 5.5.1) of Subdivision Regulations Ordinance 2003-03 to allow for a retaining wall within a utility easement. Property located at 3201 Trailing Vines Bend. (ZBA 2024-02). Board Discussion on Regular Agenda Item 1 Senior Planner Molina stated that the applicant was requesting for a variance to Section 5.5.13 of the Subdivision Regulations Ordiance 2003-03 to allow for a retaining wall within a utility easement. The applicant has verified that there are not any utilities where he is planning on having the retaining wall. He explained that the purpose for the applicant wanting the retaining wall is to preserve his property and so that his children can play in the backyard. The Home Owner's Association has submitted a letter approving the retaining wall depending on the Cities response to the request. 33 notices were mailed out to surrounding property owners and received 5 responses in favor for the retaining wall. Flage 11 0711512024 Item A. The Board did not have any additional questions. Vice -chair Smith opened the public hearing at 6:04pm. The applicant, Sudheer Vootkuri approached the Board to answer any questions that may have been raised. No additional questions were had. Vice -chair Smith closed the public hearing at 6:05pm. Board Action on Regular Agenda Item 1 A motion was made by Board Member Innella and seconded by Board Member Covington to approve as presented. A vote was taken and carried 4 — 0. ADJOURNMENT A motion was made by Board Member Betler, and seconded by Board Member Covington, to adjourn the meeting. A vote was taken and carried 4 — 0. Chair Grieser adjourned the meeting at 6:06 pm. Jennifer Grieser, Chair ATTEST Gabby Fernandez, Secretary Flage 12 19 1 0711512024 Item 1. Department: Prepared By: Planning Kevin Molina Item Number: Wylie Zoning Board of Adjustments Hold a Public Hearing to consider and act upon a request by Crystal Thomas for a variance to Section 2.5.0 of Zoning Ordinance 2023-23 to allow for an accessory structure within a utility easement, within the side setback and within the setback of the proximity to a main structure. Probertv located at 1725 Port Tack Lane. (ZBA 2024-03). OWNER: Crystal Thomas APPLICANT: Crystal Thomas The applicant is requesting a variance to Section 2.5.0 of Zoning Ordinance 2023-23 to allow for an accessory structure within a utility easement and within 2' of the side setback in lieu of 3' and 2' from the main structure in lieu of 5'. Property located at 1725 Port Tack Lane. The framing of the structure is completed and the project is on hold pending the decision of this variance (Permit #24-001600). The purpose of the Ordinance restricting accessory structures within an easement and within setback requirements is to keep utility easements clear and provide separation from adjacent properties and existing structures. This allows for adequate space for repair and/or replacement of utility lines or pipes and the maintenance of grassy areas. The applicant believes the variance request has merit for the following reasons: The accessory structure will maintain approximately 2'-3' feet of clearance from the property line and existing house. A concrete slab is located in between the existing house and accessory structure which alleviates maintenance concerns. A walkable area remains in between the accessory structure and fence. The exterior materials on the house are non-combustible materials, brick, and Hardie Board cement siding. The exterior material installed on the accessory structure will also be non-combustible material, Hardie board cement siding and comply with Fire Code requirements. 811 Dig has been contacted and has confirmed that all utilities have been cleared from the area where the accessory structure is proposed. Public comment forms were mailed to thirty-three (33) property owners within 200 feet of this request, as required by State Law. At the time of posting five comment forms were returned in favor and three 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 0711512024 Item 1. (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: (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. ZONING BOARD OF ADJ U STM ENT CAS E: ZETA 2024-03 1725 Port Tack Lane SUBJECT property 0 0A 02 0.3 0A 0.5 Miles I I 1 I 1 1, 1 1 0711512024 Item 1. Height = 14. 71 F23] RR. 21. 20033' 8:49A Il ANAMERICAN TJTLE=TGAGE FAX ta 000M000000NO. 8882 P, 3/3 1 / 07/15/2024 Item 1. b L*t 3 an to t�o Slid 17.25 PORT TAM tjM FSu ey Approved .Y i. a. ay w� i I. VIII�111 111111IIII I BARROW 1k i REGISTERED - •. AL a. y0 7104 .., _ q W ,: r LelaTABI Building 100 Wylie, TX 75098 Below are our written responses to the comments received via e-mail from Kevin Molina, Senior Planner, dated Tuesday, June 11m'2024.for the application requesting mvariance. 1. COMMENT Section 2.5.0 of the Zoning Ordinance: When the accessory building is located in the side yard, the setback for the accessory building will be the same as the setback requirement for the main building. (There iaaM'side setback, and the accessory structure ieshown aubeing 3'8nmthe side property |inul RESPONSE: ewould like torequest avariance for the setback requirement. VVewould like torequest that the accessory building be lowed tobo3'fromthe property line instead of0' Most zoning laws require sheds 0oheplaced oileast 3-5 feet from the opedy!ine. Our shed io3feet away, it has been cleared for maintenance and we will adhere tofire safety codes. Leaving least 2 to 3 feet of clearance around the shed allows for the integrity of the shed. There iaenough clearance around the iedfor adequate airflow and the shed will stay dry and ventilated. 2. COMMENT Section 2.5.0 of the Zoning Ordinance: Accessory buildings, other than carports, shall not be located within five (5) feet of any other structure. (The submitted drawing shows the accessory structure being 2' away from the house.) RESPONSE: We want to request mvariance for the location of the accessory building. We request that the accessory building be allowed 1mbe2'frnmthe house. The exterior materials on the house are of non-combustible materials, brick, and Hardie board cement siding. The exterior material installed on the accessory building will also be of non-combustible material, Hardie board cement siding. I COMMENT Section 2.5.C: No accessory structure shall be located within any easement. (There is a 5' Utility easement which the shed is built over) RESPONSE: VVehave received responses from all the utility companies that may have access to this utility easement. All utilities have been cleared. They have confirmed that the accessory building will be allowed to be built within this easement. I have attached the link and all ofthe comments from 811. The 811ticket number ia24O0Q800T5. Thank you for your time and attention tothis project. Should you have any questions orneed additional information, please contact me. Sincerely, Attochments, Responses WYL|ECity ofWylie Jun 17.2024.12:27:25pK8byjamee.hathom@wyietexee.gov:Clear UFTRTX01 Frontier Communications Inc Jun 19.2O24.3:41:4GPK8bytxusio.prLocated K8K4OncorElectric Distribution Jun 1Q.2024.3:41:48PK8bytxuaic.pr:Located PL4OncorElectric Distribution Jun 1S.2O24.3:41:4OPMbytxusicpr:Located CCTXNSpoctrum Jun 1S.2O24.3:42:OOPN1byirth.prClear Jun 19.2O24.3:41:4GPK8bytxusio.pcLocated UPNUnite Private Networks L|o iA 1514 1512 1300 11212 120 ® ti ® 07/15/2024Item 1. ® 15" ■ ■IN M w rc�p 1507"1®os ® Notification Map___.M 1511d"-1509 5"1m7.,m1.5151513 ® ®13 " gym, _ .1"2'07�„12 1305 1303 130f 1213 1211 1209 ® ® ® ............ 1406 �? ti � C� 1309 ""1307 ® ® ® �® 1408 ® �a \",", 1401 1410 ®\ "„� 1403 ® � Mom" 1416 $ 14112 ® p 141`4 w "'`� 1418 ® ® 1407 0 1300 1 1212 1210 12081206 1204 1202 1502 1500 1420 ®fl 1409 ® * 1306 130411302� ® ® ® ® ® -"""1411 ® ��. 1308, ,,-" 1413 ® 1400' �F.""..."... �..."9 "„ .... ""... " ,.." 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"..�_ _ ."..._ .....".__, .. ......"..w _..... w . ....."." �._ .�."....."_" "".. ._.�_..w 1, M I „��� "�" 1400 1306� 1304 �1302 1300 1208 1206 1500 1420� 1418 1416 1406 1404 1402 1204 1202 ® ® ® ® 1414 1412 1410 1408 ® ® ® ® ® ® ® ® ® 1,10 ..".. w QUAtL MEADOW D _...["1301 ®5 1®23a 1421 1419 1417 1415 1®3 @1401 1®09 1305 1®03 1®9 1®7 1®5 1®3 1413 1411 1409 1407 1405 1307 ® ®�®�®® "� ..�. " ���."� �_ ley M"� 14181416 1304 1302 130011208 1206 1204 1202 1200 420 ® ® 1414 1412 1410 1408 1406 1404 1402 1400 1310 1308 1306 TT D L D "• u. wm ZONING BOARD OF ADJUSTMENT CASE: , ZBA 2024-03 1725 Port Tack Lane -M ammma SUBJECT property 1 200 foot Notification Buffer , `�""� OF ®, WYLIEYz-1 0 100 200 300 400 500 Feet I i I i 1 i 1 i 1 i 1 Date: 6/12/2024�� ,. 27 0711512024 Item 1. First Name* Khuloud Address* Street Address 1400 Lonesome Dove Tri Address Ling: 2 City Wylie Postal / Zip Code 75098 Case #* ZC2024-03 1725 Port Tack Lane Middle Name Last Name* Sultan State I Province / Region Texas Response* I am FOR the requested zoning as explained on the public notice I am AGAINST the requested zoning as explained on the public Comments The addition will be a violation to our Privacy agree and understand that by signing the electronic signature, that it is the equivalent to my manual/handwritten signature. Date of Signature 7/6/2024 F28] First Name* Aaron Street Address 1409 StarpnntLenm Address Line 2 City Wylie Postal / Zip Code 75098 Case#+ ZC2024-03 1725 Port Tack Lane Middle Name Last Name* Deitz State / Province /eoomn TX Response* |emFOR the requested zoning asexplained onthe public notice 0� |amAGAINST the requested zoning asexplained onthe public Comments I am against the requested zoning change as detailed in the public notice for ZBA Case# 2024-03. The property owners failed bomeet zoning requirements, with the accessory structure only 2feet from another structure instead of the required 5 feet, and only 2 feet from the property line instead of the required 6 feet. Additionally, the structure encroaches on a telephone utility easement established by the 2000 plat. The foundation and framing were constructed without proper approvals. A survey should have been conducted, alerting the owners that the structure could not be enacted without City of Wylie approval. If permits had been applied for by the owner or contractor, these issues would have been identified before construction began. /agree and understand that bysigning the electronic signature, that it is the equivalent to my manuallhandwritten Date of Signature 0711512024 Item 1. First Name* Grace Address* Street Address 1411 Lonesome Dove Trl Address Linea 2 City Wylie Postal / Zip Code 75098 Case #* ZC2024-03 1725 Port Tack Lane Middle Name Last Name* Griffith State I Province / Region TX Response* I am FOR the requested zoning as explained on the public notice I am AGAINST the requested zoning as explained on the public Comments If this is a ADU I am against them in my neighborhood. The streets are already congested with all of the vehicles parking on the street. I also feel this is a fire hazard being so close to the fence and home. I agree and understand that by signing the electronic signature, that it is the equivalent to try manual/handwritten signature. Date of Signature 7/10/2024 F30] 0711512024 Item 1. First Name* Heidi Address* Street Address 1303 maritime lane Address Une 2 City Wylie Postal / Zip Code 75098 Case #* ZC2024-03 1725 Port Tack Lane Middle Name Last Name* Mundt -Smith State I Province / Region TX Response* I am FOR the requested zoning as explained on the public notice I am AGAINST the requested zoning as explained on the public I agree and understand that by signing the electronic signature, that it is the equivalent to my manual/handwritten signature. Date of Signature 6/28/2024 F31] 0711512024 Item 1. First Name* Anal Address* Street Address 1402 Lonesome Dove Trail Address tine 2 City Wylie Postal / Zip Code 75098 Case #* ZC2024-03 1725 Port Tack Lane Middle Name Last Name* Zulayma Santos State / Province / Region TX Response* I am FOR the requested zoning as explained on the public notice I am AGAINST the requested zoning as explained on the public Comments We have no issues with our wonderful neighbors building this. Thank you. I agree and understand that by signing the electronic signature, that it is the equivalent to my manual/handwritten signature. Date of Signature 6/28/2024 F32] 1 0711512024 Item 1. -1VOW M. MP III I Wyk-W/W whiMll - or by scanning the QR code in the upper right hand corner. (If completing theform below, please type or use black ink) QjiMIMil rammly ou Building 100 Wylie, Texas 75098 I am FOR the requested zoning as explained on the attached public notice for ZBA Case #2024-03. V! 1110010MR11W•••• ••••I . . Date, Location & Time of 4- . il ? ?' Address: Signature-, [Vill 31a P=t$ !1!!I!Ill!!111!! ii, MISINF•ORM!@ Ill IFITIRINVIl ill � 1 4 0 - Monday, July 15, 2024 6: 00 pm Municipal Complex, 300 Country Club Road, Building 100, Wylie, Texas F33] 0711512024 Item 1. First Name* Chris Address* Street Address 1727 Port Tack Ln. Address Line 2 City Wylie Postal / Zip Code 75098 Case #* ZC2024-03 1725 Port Tack Lane Middle Name Last Name* Bailey State I Province / Region TX Response* I am FOR the requested zoning as explained on the public notice I am AGAINST the requested zoning as explained on the public Comments I have no problem with the planned building. i agree and understand that by signing the electronic signature, that it is the equivalent to my manual/handwritten signature. Date of Signature 6/26/2024 F34] 0711512024 Item 1. First Name* William Address* Street Address 1729 Port Tack Ln Address Linn. 2 City Wylie Postal / Zip Code 75098 Case #* ZC2024-03 1725 Port Tack Lane Middle Name Last Name* Streefkerk State I Province / Region TX Response* I am FOR the requested zoning as explained on the public notice I am AGAINST the requested zoning as explained on the public Comments This structure should be properly ventilated if used for lawn care equipment due to the limited access available in the event of a fire. First responders may have trouble with the narrow access. Other than that, it looks fine. I agree and understand that by signing the electronic signature, that it is the equivalent to my manual/handwritten signature. F35]