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01-16-2017 (Zoning Board of Adjustment) Agenda Packet Zoningoff Adj ustments iii oF 1-* IV rem / ,r I irrifiA r r., .,,, „0,,,,_ ir „,,,, ,,,,,, 7 ,---‘—,,,.....„,,,,,<„,:Tit„....,.,,,..., ,,,.... „ , ,,,,, s 't 'r97-li ...ar ,, - „,, ,,„', 4 ,',. . AMfr 01. ' -. 0� e A 0 i It r p,N y y 1 " � Airok Tt �. January1 6 201 7 Regular Business Meeting Wylie Zoning Board of Adjustment i NOTICE OF MEETING Regular Meeting Agenda Monday, January 16, 2017 - 6:30 p.m. Wylie Municipal Complex— Council Chambers 300 Country Club Road, Building #100 Linda Jourdan Chair Jason Potts Vice Chair Robert Holcomb Board Member Andres Gonzalez Board Member Kevin Finnell Board Member Robert Reynolds..........................................Alternate Board Member Daniel Prendergast......................................Alternate Board Member Renae' 011ie Planning Director Jasen Haskins . Sr. Planner Kevin Molina Planner Mary Bradley Administrative Assistant In accordance with Section 551.042 of the Texas Government Code, this agenda has been posted at the Wylie Municipal Complex, distributed to the appropriate news media, and posted on the City website: www.wylietexas.gov within the required time frame. As a courtesy, the entire Agenda Packet has also been posted on the City of Wylie website: www.wylietexas.gov. The Mayor and City Council request that all cell phones and pagers be turned off or set to vibrate. Members of the audience are requested to step outside the Council Chambers to respond to a page or to conduct a phone conversation. 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. CALL TO ORDER Announce the presence of a Quorum. CONSENT AGENDA 1. Consider and act upon approval of the Minutes for the November 21, 2016 Meeting. January 16,2017 Wylie Zoning Board of Adjustment Regular Meeting Agenda Page 2 of 2 REGULAR AGENDA Public Hearing 1. Hold a public hearing to consider and act upon a request from Rusty Roach for a variance to Section 10.3.(1) of the 1985 Zoning Ordinance for properties requiring a minimum of 7 foot side yard setback for building, property located at 427 Kylie Lane, Lot 14, Block E of the Pointe North Phase 2 Addition. ZBA 2017-01 ADJOURNMENT CERTIFICATION I certify that this Notice of Meeting was posted on this 13th day of January, 2017 at 5:00 p.m. as required by law in accordance with Section 551.042 of the Texas Government Code and that the appropriate news media was contacted. As a courtesy, this agenda is also posted on the City of Wylie website: www.wylietexas.gov. Carole Ehrlich,City Secretary Date Notice Removed Wylie Zoning Board of City WyLit Adjustment Minutes Zoning Board of Adjustment Monday, November 21, 2016 — 6:30 pm Wylie Municipal Complex— Council Chambers 300 Country Club Road, Building 100 CALL TO ORDER Chair Linda Jourdan called the meeting to order at 6:30 p.m. and stated that a quorum was present. Those present were: Chair Jourdan, Vice Chair Jason Potts, Board Member Kevin Finnell, Board Member Daniel Prendergast. Staff members present were: Renae' 011ie, Development Services Director, Jasen Haskins, Sr Planner, Bret McCullough, Building Official and Mary Bradley, Administrative Assistant. CONSENT ITEMS 1. Consider and act upon approval of the Minutes of the September 19, 2016 Meeting. A motion was made by Board Member Finnell and seconded by Chair Jourdan, to approve the Minutes as submitted. Motion carried 4—0. PUBLIC HEARINGS Item 1 —ZBA 2016-13 Hold a public hearing to consider and act upon a request from Nash Patel for a variance to Ordinance 2014-44, Section 22-447 Wall Signs, requirements for the maximum height of a wall sign. The property is located at 2011 North Highway 78, being 2.062 acres of Lot 1 Block A of the Shahi Group Addition. ZBA 2016-13 Staff Comments Mr. Haskins stated that the subject property is located at 2011 North Highway 78 and is 2.062 acres. The applicant is proposing to replace an attached wall sign to the main structure due to an updated logo. The applicant has requested the variance that will allow a sign of roughly the same height as an existing sign that was Minutes November 21, 2016 Wylie Zoning Board of Adjustment Page 1 of 2 installed before the current ordinance was in place. The proposed sign is 5.25 feet in height and 28.4 feet in length with an area of 149.1 square feet. The unique circumstance for the request is that State Highway 78 is a six-lane road making a larger sign appropriate for west bound motorists. The north side of State Highway 78 is 300 feet from the building face which is 50 percent farther than the 200 feet minimum. Due to the number of variances granted, Staff is working on revising the current Sign Ordinance, which will ultimately be approved by City Council. Public Comment forms were mailed to 18 property owners. Two comment forms were received in favor and no comment forms were received in opposition. Public Comments Chair Jourdan opened the Public Hearing. Ms. Pauline Wright, National Sign Service, 799 Greenbriar Road, Fate, Texas, stated that several sizes were reviewed and the letter set options give different sizes with linear footages. The company logo is on a different color changes on sign to be more visible. The monument sign and the wall sign will match. Chair Jourdan closed the Public Hearing. Board Action A motion was made by Board Member Finnell, and seconded by Vice Chair Potts, to Grant a sign that is 5.25 feet in height and 28.4 feet in length with an area of 149.1 square feet. Motion carried 4— 0. ADJOURNMENT A motion was made by Board Member Prendergast, and seconded by Vice Chair Potts to adjourn the meeting at 7:03 PM. All Board Members were in consensus. Linda Jourdan, Chair ATTEST: Mary Bradley, Administrative Assistant Minutes November 21, 2016 Wylie Zoning Board of Adjustment Page 2 of 2 Wylie Zoning Board of Adjustment CITY OF YLI. AGENDA REPORT Meeting Date: January 16, 2017 Item Number: 1 Department: Planning Case Number: 2017-01 Prepared By: Kevin Molina Project Location: 427 Kylie Lane Date Prepared: January 11, 2017 Subdivision Name: Pointe North Addition Location Map, Site Layout, Statement from Applicant, Notification List and Map Exhibits: with Responses Subject Hold a public hearing to consider and act upon a request from Rusty Roach for a variance to Section 10.3.(1) of the 1985 Zoning Ordinance for properties requiring a minimum of 7 foot side yard setback for building, property located at 427 Kylie Lane, Lot 14, Block E of the Pointe North Phase 2 Addition. ZBA 2017-01 Discussion The subject property is located at 427 Kylie Lane and is currently zoned S-F 10/24 The applicant is requesting a variance to Section 3.2.B (3) of the Zoning Ordinance for the side yard setback requirement of 10' to 6.5' The applicant is requesting a 6.5' side yard setback to allow for an addition to an existing home that currently has those side setbacks. The applicant has requested for the 6.5 feet side setbacks so that the addition will match the existing structures building line. The addition will be 30 feet in length and approximately 25 feet in width. The rear setbacks will remain in compliance at 25 feet. The existing house on the lot is legally non-conforming as at the time of construction the house was allowed side setbacks of 6.5'. The request represents a 65% adjustment to the requirements of the Zoning Ordinance. The setback is an established building line, parallel to a property line, over which no part of a building shall project, except as otherwise provided by the zoning ordinance. The purpose of the building setback requirement is to preserve and promote open space and increase neighborhood safety. Public comment forms were mailed to 8 property owners within 200 feet of this request, as required by State Law. At the time of this posting,no responses have been received. 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 Page 1 of 2 Page 2 of 2 ZBOA 2010-01 (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. 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