05-19-2025 (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.
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 April 21, 2025, Zoning Board of
Adjustments meeting.
REGULAR AGENDA
I Hold a Public Hearing to consider and act upon a request by Tina Brown for a variance to Section 5.0 of
Planned Development 2000-20 to allow for a fence eight feet in height. Property located at 1909 Fountain
Spray Drive. (ZBA 2025-08).
2. Hold a Public Hearing to consider and act upon a request by Eric Harger for a variance to Section 4.2.A.3 of
the Zoning Ordinance to allow for 10' front setbacks in lieu of the required 25'. Property located at 1603
Martinez Lane. ZBA 2025-09
3. Hold a Public Hearing to consider and act upon a request by Meezan Investments LLC for a variance to
Section 3A.D.1(a), 3.4.D.1(c) & Figure 3-4 of the Zoning Ordinance to allow for Single Family 10/24
development with a variance to the required 30' buffer from a flood plain, variance to the required 40' buffer
from a thoroughfare and variance to the double frontage lot depth and rear setback requirements. Property
located at 1501 W Brown St. ZBA 2025-10
WORK SESSION
RECONVENE INTO REGULAR SESSION
EXECUTIVE SESSION
RECONVENE INTO OPEN SESSION
Take any action as a result from Executive Session.
age 11
1
CERTIFICATION
I certify that this Notice of Meeting was posted on May 16, 2025 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
05119120251tem A.
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CITY OF
WYLIE
Department: Planning
Prepared By: Gabby Fernandez
Zoning Board of Adjustment
Item: A
Consider, and act upon, minutes from the April 21, 2025 Regular Meeting.
Motion to approve Item A as presented.
The minutes are attached for your consideration.
0
05119120251tem A.
Wylie Zoning Board of Adjustments Regular Meeting fN
April 21, 2025 — 6:00 PM CITY
Council Chambers - 300 Country Club Road, Building #100, Wylie, Texas 75098 WYLIE
CALL TO ORDER
Chair Covington called the meeting to order at 6:00 p.m. In attendance were Chair Richard Covington, Board
Member Aaron Lovelace, Board Member Jon Ennis, Board Member Hamza Fraz and Board Member Gordon
Hikel. Staff present were Director of Community Services Jasen Haskins, Senior Planner Kevin Molina, and
Administrative Assistant Gabby Fernandez. Absent was Vice -chair I-isha Hudson.
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. Consider, and act upon, approval of the meeting minutes from the March 17, 2025 Zoning Board of
Adjustments Meeting.
BOARD ACTION
A motion was made by Board Member Lovelace and seconded by Board Member Hikel to approve the Consent
Agenda as presented. A vote was taken and carried 5 — 0.
MI'll 9ftow1aM"0101 —ITAI
1. Hold a Public Hearing to consider and act upon a request by Amy Elliot for a variance to Section 3.1.
and Section 9.5 of the Zoning Ordinance to allow for side setbacks of five feet in lieu of ten feet and
the expansion of a non -conforming use. Property located at 200 S Third Street. (ZBA 2025-07).
Chair Covington opened the public hearing at 6:09 PM. None approached the Commission. Chair Covington
closed the public hearing at 6:09 PM.
BOARD ACTION
A motion was made by Board Member Hikel and seconded by Board Member Fraz to approve Regular Agenda
Item 1 as presented. A vote was taken and carried 5 — 0.
Page 11
0
05119120251tem A.
ADJOURNMENT
A motion was made by Board Member Lovelace, and seconded by Board Member Hikel, to adjourn the meeting.
A vote was taken and carried 5 — 0. Chair Covington adjourned the meeting at 6:11 pm.
Richard Covington, Chair
ATTEST
Gabby Fernandez, Secretary
Page 12
5]
0511912025Item 1.
0
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 Tina Brown for a variance to Section 5.0 of Planned
Development 2000-20 to allow for a fence eight feet in height. Property located at 1909 Fountain Spray Drive. (ZBA 2025-
OWNER: Manuel Gallegos
APPLICANT: Manuel Gallegos
The applicant is requesting a variance to Section 5.0 of Planned Development 2000-20 to allow for a fence eight feet in
height in lieu of seven feet. The property is located at 1909 Fountain Spray Drive.
The purpose of the ordinance having height restrictions is to ensure a uniform appearance throughout the subdivision.
The applicant believes the variance request has merit for the following reasons:
- The current city Zoning Ordinance allows for fences eight feet in height. The seven feet limitation was established
by Planned Development 2000-20.
- Additionally, the rear of the property is adjacent to a multistory apartment complex, therefore a higher fence could
provide additional privacy.
- The Cascades Homeowners Association has provided a conditional approval letter for the fence.
Public comment forms were mailed to twenty-four (24) property owners within 200 feet of this request, as required by State
Law. At the time of posting no comment forms were returned in favor or 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:
(1) That there are unique physical circumstances or conditions of the lot, or other exceptional physical condition
particular to the affected property;
6]
0511912025Item 1.
(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.
0
ZONING BOARD OF ADJUSTMENT CASE: 10
ZBA 2025-08 1909 Fountain Spray Drive fN
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Submitted on 4/22/2025
Plan Details
Build a fence that is 8' tall instead of the regulated 7'. The fence will be inside
the fence that's already there, so we will not take it down, and will only be on 2
sides. The shorter side (left) is 35 feet and the other (top) is 50 feet long. The
fence itself will be made of cedar wood and painted a red cherry color. l have
also provided a survey of where the fence will be (marked in yellow)
•
0 Add Attachment
5 1909 Fountain Spray Drive- Marked Surve 0412212025 1
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1 0511912025 Item 1.
Pi, aprnty Address 1909 Fountain Spray Dr, Wylie, TX 75098 C4 Log Out
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0511912025Item 1.
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Date: 4/30/2025 — — — -- — — — — —
0511912025 Item 2.
0
Department:
Prepared By:
Planning
Kevin Molina
Wylie Zoning Board of
Adjustments
Item Number: 2
Hold a Public Hearing to consider and act upon a request by Eric Harger for a variance to Section 4.2.A.3 of the Zoning
Ordinance to allow for 10' front setbacks in lieu of the required 25'. Property located at 1603 Martinez Lane. ZBA 2025-
09
OWNER: Eric Harger
APPLICANT: Johnson Volk Consulting
The applicant is requesting a variance to Section 4.2.A.3 of the Zoning Ordinance to allow for 10' front setbacks in lieu of
the required 25' to allow for the construction of two commercial structures closer to the right-of-way and accommodate
space for rear parking and fire lane requirements. The property is located at 1603 Martinez Lane and is zoned in the Light
Industrial district.
The purpose of the Ordinance restricting front setback requirements is to provide separation from public right of ways
While the City's zoning ordinance standard requirement for setbacks is 25', the required front setback of properties does
not take into consideration the additional buffer provided by parkways within the right of way.
The applicant and staff believe the variance request has merit for the following reasons:
- A spacing of at least 23' will remain from the front of the structures to the curb of Martinez Lane. The applicant
intends to install a 5' wide sidewalk adjacent to the front of the structures. Martinez Lane is not listed as a
thoroughfare on the thoroughfare plan and is fully built out at a 50' right of way width.
- The Zoning Ordinance recommends having loading areas not be visible from the right of way. Additional space is
necessary at the rear of the property for the maneuverability of loading trucks and access to rear loading doors.
- Fire lanes are typically required on -site to ensure fire trucks and emergency vehicles can access structures while
not being blocked by public traffic. The proposed plan allows for emergency vehicles to access both structures
while meeting the 150' hose lay requirement.
- A similar variance was approved across from the street of this property at 1602 Martinez Ln. The applicant is
requesting to install buildings and sidewalks with a similar configuration due to having similar limitations due to
the lot shape. ZBA 2022-01
Public comment forms were mailed to seven -teen (17) property owners within 200 feet of this request, as required by State
Law. At the time of posting no comment forms were returned in favor or in opposition of the request.
A site plan review with approval by the Planning and Zoning Commission shall be required were this variance to be
approved.
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
0511912025 Item 2.
(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:
(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.
SCl, 20008260RR
0511912025 Item 2.
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0511912025 Item 3.
0
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 Meezan Investments LLC for a variance to Section 3.4.D.1(a),
3.4.D.1(c) & Figure 3-4 of the Zoning Ordinance to allow for Single Family 10/24 development with a variance to the
required 30' buffer from a flood plain, variance to the required 40' buffer from a thoroughfare and variance to the double
frontage lot depth and rear setback requirements. Property located at 1501 W Brown St. ZBA 2025-10
OWNER: Meezan Investments LLC APPLICANT: Meezan Investments LLC
The applicant is requesting a variance to Section 3.4.1).1(a), 3.4.1).1(c) & Figure 3 -4 of the Zoning Ordinance to remove
the provisions of the Single Family SF 10/24 zoning district and residential design standards that require a 30' buffer from
a flood plain, a 40' buffer from a thoroughfare, and double lot frontage depth as generally shown on the Variance exhibit
with double lot rear setbacks of 30' in lieu of 45'. The property is located at 1501 W Brown St. and is zoned Single Family
SF 10/24. The variance exhibit shows the development of 12 single family detached units and one open space Home Owners
Association lot accessed by a newly created public street.
The purpose of the landscape buffers from the flood plain and major thoroughfares is to provide enhancements to public
spaces and thoroughfares. The purpose of double frontage lots having increased lot depths and increased setbacks is to
provide adequate rear yard sizing and building spacing from public roadways.
The applicant believes the variance request has merit for the following reasons:
- The irregular shape of the subject property, adjacency to the floodplain, and requirement to dedicate 20' of Right
of Way for West Brown Street limits the developable area of the site while maintaining a 50' wide public street and
10,000 sq.ft. residential lots.
- While the 30' landscape buffer is not being provided the developer intends to create a 41,353 sq.ft. Home Owners
Association open space lot adjacent to the flood plain to serve as a public open space for the subdivision.
- While the 40' landscape buffer is not being provided there is a 20' Right of Way dedication which contains an
existing sidewalk along the parkway. The developer shall also provide a 6' wrought iron fence between brick or
stone column screening or a Landscape Earthen Bern with a 3:1 slope.
- The double frontage lot depth and setback requirements of 120' depth and 45' rear setback shall be reduced to the
depths as shown on the Variance exhibit with rear setbacks of no less than 30'. The developer shall ensure that the
residential units meet all other setback and dwelling unit size requirements.
Public comment forms were mailed to six -teen (16) property owners within 200 feet of this request, as required by State
Law. At the time of posting no comment forms were returned in favor or in opposition of the request.
A Plat review with approval by the City Council shall be required were this variance to be approved.
The Board shall not grant a variance to the development code which:
11 Permits a land use not allowed in the zoninLy district in which the nronerty is located: or
0511912025 Item 3.
(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:
(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.
0
0511912025 Item 3.
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