Loading...
07-21-2025 (Zoning Board of Adjustment) Agenda Packet P a g e | 1 Wylie Zoning Board of Adjustments Regular Meeting July 21, 2025 – 6:00 PM Council Chambers - 300 Country Club Road, Building #100, 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. WORK SESSION WS1. Staff will give a presentation regarding the roles and responsibilities of the ZBA members. ELECTION OF CHAIR AND VICE-CHAIR Nominate and motion for Chair Nominate and motion for Vice-Chair CONSENT AGENDA All matters listed under the Consent Agenda are con sidered 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 approval of the meeting minutes from the May 19, 2025 Zoning Board of Adjustments meeting. REGULAR AGENDA 1. Hold a Public Hearing to consider and act upon a request by AFA Enterprises, LLC for a variance to Section 22-250(c)(8)e&f of the City of Wylie Code of Ordinances to allow for a monument sign greater than the allowed high and square footage. Property located at 3201 W FM 544. ZBA 2025-11 ADJOURNMENT CERTIFICATION I certify that this Notice of Meeting was posted on July 18, 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. 1 P a g e | 2 ___________________________ ___________________________ 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 Welcome to the Zoning Board of Adjustments (ZBA) 3 07/21/2025 Item WS1. Municipal Planning Authority Zoning Authority (legislative) Chapter 211 LGC Subdivision Authority (ministerial) Chapter 212 LGC Land Use Authority (planning) Chapter 213 LGC Overall Authority to protect the Health, Safety, and Welfare of the City and Citizens 4 07/21/2025 Item WS1. Allowance •Zoning Board of Adjustment is allowed by Sec 211.008 of the State of Texas Local Government Code 5 07/21/2025 Item WS1. General Decision Responsibilities •Appeals to administrative decisions •Variance requests from Zoning Ordinance •Make recommendation to Zoning Ordinance based on variances •Special Exceptions to the Zoning Ordinance 6 07/21/2025 Item WS1. Appeals to Administrative Decisions •Hear and decide an appeal that alleges error in an order, requirement, decision, or determination made by an administrative official •The board may reverse or affirm, in whole or in part, or modify the administrative official’s order •The concurring vote of 75 percent of the members of the board is necessary 7 07/21/2025 Item WS1. Variance Requests •Hear and decide an appeal that alleges a special circumstance applies to a property •In order to grant a variance to the development code the Board shall find that all the following have been satisfied: ○That there are unique physical circumstances or conditions of the lot, or other exceptional physical condition particular to the affected property; ○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; ○That due to such unique physical circumstances or conditions, the strict application of the development code would create a demonstrated hardship; ○That the demonstrable hardship is not self-imposed; ○That the variance if granted will not adversely affect the proposed development or use of adjacent property or neighborhood; ○That the variance, if granted will not change the character of the zoning district in which the property is located; ○That the variance, if granted is in keeping with the intent of the development code; and ○That the variance, if granted will not adversely affect the health, safety or welfare of the citizens of Wylie. •The concurring vote of 75 percent of the members of the board is necessary •Variance runs with the property, not the owner. 8 07/21/2025 Item WS1. Ordinance Amendments •Covers only Zoning Ordinance •Board gives direction to staff, usually as a result of favorable vote for applicant •P&Z makes recommendation to City Council 9 07/21/2025 Item WS1. Special Exceptions •Only when required by the Zoning Ordinance •Wylie does not currently use this provision 10 07/21/2025 Item WS1. ZBA Operates by Adopted Rules and Procedures •Written by Board Members •Approved by City Council •Updated March 2020 11 07/21/2025 Item WS1. General Meeting Format •Chairman calls meeting to order •Citizen Comments on Non-Agenda Items •Executive or Work Session (as needed) •Consent Items (minutes) •Public Hearings •General Business •Adjournment Texting during a meeting may and can constitute as Public Information, please refrain from using personal devices during meetings. 12 07/21/2025 Item WS1. General Item Format •Chairman Introduction •Staff Report •Applicant Remarks •Public Hearing •Citizen Comment •Applicant Rebuttal •Board Discussion •Motion (approve, approve with conditions, disapprove) 13 07/21/2025 Item WS1. Other Considerations •Packet Delivery •Attendance •Quorums/Open Meetings •Pre-Meeting Questions •Open Records •Conflict of Interest 14 07/21/2025 Item WS1. Planning Staff Jasen Haskins Director of Community Services jasen.haskins@wylietexas.gov (972) 516-6324 Kevin Molina Senior Planner kevin.molina@wylietexas.gov (972) 516-6323 Gabby Fernandez Administrative Assistant II gabby.fernandez@wylietexas.gov (972) 516-6321 15 07/21/2025 Item WS1. Zoning Board of Adjustment AGENDA REPORT Department: Planning Item: A Prepared By: Gabby Fernandez Subject Consider, and act upon, minutes from the May 19, 2025 Regular Meeting. Recommendation Motion to approve Item A as presented. Discussion The minutes are attached for your consideration. 16 07/21/2025 Item A. Wylie Zoning Board of Adjustments Regular Meeting May 19, 2025 – 6:00 PM Council Chambers - 300 Country Club Road, Building #100, Wylie, Texas 75098 CALL TO ORDER Chair Covington called the meeting to order at 6:00 p.m. In attendance were Chair Richard Covington, Vice-Chair I-isha Hudson, 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 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. Consider, and act upon, approval of the meeting minutes from the April 21, 2025 Zoning Board of Adjustments Meeting. BOARD ACTION A motion was made by Board Member Hikel and seconded by Vice-Chair Hudson to approve the Consent Agenda as presented. A vote was taken and carried 4 – 0. REGULAR AGENDA 1. Hold a Public Hearing to consider and act upon a request by Tina Brown for a variance to Section 5.C of Planned Development 2000-20 to allow for a fence eight feet in height. Property located at 1909 Fountain Spray Drive. (ZBA 2025-08). Chair Covington opened the public hearing at 6:04 PM. None approached the Board. Chair Covington closed the public hearing at 6:04 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 4 – 0. Page | 1 17 07/21/2025 Item A. 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). Chair Covington opened the public hearing at 6:11 PM. 1 speaker approached the Board. Chair Covington closed the public hearing at 6:13 PM. BOARD ACTION A motion was made by Board Member Hikel and seconded by Vice-Chair Hudson 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 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). Chair Covington opened the public hearing at 6:24 PM. 1 speaker approached the Board. Chair Covington closed the public hearing at 6:27 PM. BOARD ACTION A motion was made by Board Member Hikel and seconded by Board Member Fraz to approve Regular Agenda Item 3 as presented. A vote was taken and carried 4 – 0. ADJOURNMENT A motion was made by Board Member Hikel, and seconded by Vice-Chair Hudson, to adjourn the meeting. A vote was taken and carried 4 – 0. Chair Covington adjourned the meeting at 6:29 PM. ______________________________ Richard Covington, Chair ATTEST ______________________________ Gabby Fernandez, Secretary Page | 2 18 07/21/2025 Item A. Wylie Zoning Board of Adjustments AGENDA REPORT Department: Planning Item Number: 1 Prepared By: Jasen Haskins Subject Hold a Public Hearing to consider and act upon a request by AFA Enterprises, LLC for a variance to Section 22 - 250(c)(8)e&f of the City of Wylie Code of Ordinances to allow for a monument sign greater than the allowed high and square footage. Property located at 3201 W FM 544. ZBA 2025-11 Recommendation Motion to approve or deny. Discussion OWNER: AFA Enterprises, LLC APPLICANT: Malik Perez The applicant is requesting a variance to Section 22-250(c)(8)e&f of the City of Wylie Code of Ordinances to allow for a monument sign greater than the allowed high and square footage. Property located at 3201 W FM 544. The property is located at 3201 W FM 544 and is zoned Commercial Corridor. The variance exhibit shows a 20’ x 8’ monument sign which totals 160 sqft. The city ordinance allows for a monument sign no taller than 14’ and 60 sqft. on a property of this size (1.315 acres). The purpose of the sign size regulations is to regulate the size, illumination, movement, materials, location, height, and condition of all signs placed on private property for exterior observation, thus ensuring the protection of property values, the preservation of the character of the various neighborhoods, the creation of an attractive and harmonious community, landscape as signs obstruct views, distract motorists, displace alternative uses for land, and pose other problems that legitimately call for regulation. The applicant believes the variance request has merit due to the number of tenets on the property. However, staff feels the issue was self-imposed and not a candidate for a variance due to lot coverage and number of small tenets. Public comment forms were mailed to eleven (11) 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: 19 07/21/2025 Item 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. 20 07/21/2025 Item 1. 21 07/21/2025 Item 1. A.F.A. ENTERPRISES LLC 3201 Farm to Market Road 544 Wylie, TX 75098 Phone: (214) 430-1053 | Email: maliksamerperez@gmail.com Date: June 07, 2025 City of Wylie Board of Adjustment 300 Country Club Rd Wylie, TX 75098 Subject: Letter of Intent - Sign Variance Request for Monument Sign Dear Board Members, We respectfully submit this Letter of Intent to request a sign variance for the property located at 3201 Farm to Market Road 544, Wylie, TX 75098. The property is a commercial retail shopping center which includes a grocery store, fast food restaurant, smoke shop, and other retail tenants. The property is zoned Commercial Corridor, with current land use as General Merchandise Store. We are requesting a variance to install a new monument sign that will be: - 20 feet tall from the ground - Contain two cabinet sign boxes measuring approximately 8' x 8' - Constructed with brick base to match exiting monument sign and engineered to meet city requirements The purpose of this request is to provide adequate visibility for the businesses within the shopping center, as the current sign regulations limit visibility from nearby major thoroughfares. The additional height and size of the proposed monument sign will allow tenants to better advertise their business, improve wayfinding for customers, and support the continued commercial vitality of the center. The proposed sign will comply with all applicable engineering, safety, and aesthetic standards and 22 07/21/2025 Item 1. will be subject to final city approval. We appreciate your time and consideration in reviewing this request and look forward to your favorable decision. Sincerely, Malik Perez A.F.A. Enterprises LLC (214) 430-1053 maliksamerperez@gmail.com 23 07/21/2025 Item 1. Brick to match the existing sign 12ftHeight: 20ft from ground Lenght: 8ft new monument sign 24 07/21/2025 Item 1. S1.dgn 6/11/2025 12:20:29 PM S10 2 4 1/2 "=1’-0" PLAN (TOP VIEW)1S1GROUND 8’-0"+- (MONUMENT SIGN, NOT IN CONTRACT)1S10 2 4 1/2 "=1’-0" ELEVATION SECTION S1 1 0 2 4 1/2 "=1’-0"(SIGN NIC)2’-0" +-8’-0"+- (MONUMENT SIGN BY OTHERS, NOT IN CONTRACT) GROUND SIGN ELEVATION VIEW NOT TO SCALE MONUMENT SIGN PLAN AND DETAILS (F.V.) 24" DIA 4’-0"+-4’-0" +- (F.V.) 24" DIA (SIGN NIC) 2’-0" +- A GROUND STEEL PIPE 12" DIA x 0.5" THK OR 14" DIA x 0.375" OR EQUIVA. MATERIALS PLACED AT CENTER OF CONC FILLED PIER STEEL PIPE 12" DIA x 0.5" THK OR 14" DIA x 0.375" OR EQUIVA. MATERIALS PLACED AT CENTER OF CONC FILLED PIER CONCRETE PIER FOUNDATION 24" DIA x 12’+- EMBEDMENT DEPTH (3000 PSI) CONCRETE PIER FOUNDATION 24" DIA x 12’+- EMBEDMENT DEPTH (3000 PSI) EXTERIOR FACE OF MONUMENT SIGN (SEE DETAIL A SIGN ELEV VIEW) SIGN CABINET AND FRAMES ARE NOT IN CONTRACT (REFER TO CONTRACTOR SHOP DWGS FOR MONUMENT SIGN FRAMING SUPPORTS,BRACINGS, MATERIALS AND CONNECTION AS REQ’D)12’-0"20’- 0" +- (MONUMENT SIGN NIC)SIGN CABINET AND FRAMES ARE NOT IN CONTRACT (REFER TO CONTRACTOR SHOP DWGS FOR MONUMENT SIGN FRAMING SUPPORTS,BRACINGS, MATERIALS AND CONNECTION AS REQ’D) SIGN CABINET AND FRAMES ARE NOT IN CONTRACT (REFER TO CONTRACTOR SHOP DWGS FOR MONUMENT SIGN FRAMING SUPPORTS,BRACINGS, MATERIALS AND CONNECTION AS REQ’D) STEEL PIPE 12" DIA x 0.5" THK OR 14" DIA x 0.375" OR EQUIVA. MATERIALS PLACED AT CENTER OF CONC FILLED PIER STEEL PIPE 12" DIA x 0.5" THK OR 14" DIA x 0.375" OR EQUIVA. MATERIALS PLACED AT CENTER OF CONC FILLED PIER CONCRETE PIER FOUNDATION 24" DIA x 12’+- EMBEDMENT DEPTH (3000 PSI) EXTERIOR FACE OF MONUMENT SIGN (SEE DETAIL A SIGN ELEV VIEW)SHEET NO.OETATSSAXETF AL ENGINEERP R OF E SSION NSEDLICE JASON L. HO 84469E-MAIL: ARCHONIFY@YAHOO.COMTEL: (214) 952-2880ARCHONIFY , LLCCIVIL . STRUCTURAL . CONSULTANTSG SIGNS & GRAPHICS1014 DALWORTH DR, MESQUITE 75149TEL: (469) 878-0265 HTTPS://GSIGNS.USE-MAIL: GOGSIGNS@GMAIL.COM MONUMENT SIGN PLAN AND DETAILS3201 FM 544WYLIE, TEXAS 75098RETAIL STORES25 07/21/2025 Item 1. 2607/21/2025 Item 1. 303 3340 300 3100 3002 307 203 205 3400 201 209 206 3100 213 3000 3020 303 307 209 3040 3026 305 207 203 301 207 208 205 305 200 208 3102 3300 203203 204 207 301 304 100 305 306 207 302 306 200 3080 202 205 104 206 200 301 204 309 204 300 3420 211 202 307 302 3200 206 102 3360 303 201 3060 3008 202 304 201 205 209 3405 3401 3402 3404 3401 3402 206 3406 308 306 3403 300 302 3400 3403 208 304 3400 204 3404 3459 2961346332013401 3457 3101 3101 3301 290129513001 3030 3461 SUBJECT property 200 foot Notification Buffer ¯ ZONING BOARD OF ADJUSTMENT CASE: ZBA 2025-11 3201 West FM 544 Date: 6/18/2025 ¯ Notification Map 0 100 200 300 400 500 60050 Feet WEST FM 544 27 07/21/2025 Item 1.