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September 2016
Regular Business Meeting
Wylie Zoning Board of
Adjustment
i NOTICE OF MEETING
Regular Meeting Agenda
Monday, September 19, 2016 - 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 August 15, 2016
Meeting.
September 19,2016 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 by Kumars Poorkiyani for a
variance to Section 5.F.4 parking regulations of the Zoning Ordinance for the Automotive
Repair, Minor use, to allow parking spaces calculated at 1:375 in lieu of the required
1:300. Property located at 211 Regency Drive, being Lot 44 Block C of the Regency
Business Park Phase 2 Addition. ZBA 2016-12
ADJOURNMENT
CERTIFICATION
I certify that this Notice of Meeting was posted on this 16th day of September 2016 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 WYLIE Adjustment
Minutes
Zoning Board of Adjustment
Monday, August 15, 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, Board Member Kevin Finnell, Board
Member Daniel Prendergast, and Board Member Andres Gonzalez. Vice Chair Jason
Potts arrived late.
Staff members present were: Renae' 011ie, Development Services Director, Kevin
Molina, Planner and Mary Bradley, Administrative Assistant.
CONSENT ITEMS
1. Consider and act upon approval of the Minutes of the July 18, 2016 Meeting.
A motion was made by Board Member Gonzalez and seconded by Board
Member Finnell, to approve the Minutes as submitted. Motion carried 4 — 0,
Vice Chair Jason Potts arriving after the vote.
PUBLIC HEARINGS
Item 1 —ZBA 2016-10
Hold a public hearing to consider and act upon a request by Teri Dorazil for a
variance to Section 5.2.F parking regulations of the Zoning Ordinance for the
Retail, Personal Service & Commercial use, to allow parking spaces calculated at
1:110 in lieu of the required 1:75. Property located at 2592 FM 544, being Lot 9
Block B of Woodbridge Center Phase 1 measuring .0881 acres. ZBA 2016-10
Staff Comments
Mr. Molina stated that the applicant is requesting a variance to parking
requirements. The property is located within the Woodbridge Center Phase 1
Addition, being Lot 9 of Block B, and more generally southwest of the
intersection of FM 544 and Woodbridge Parkway.
Minutes August 15, 2016
Wylie Zoning Board of Adjustment
Page 1 of 3
The parking requirement calculates one space for every 75 square feet for a
restaurant without drive-in or drive through service. The use totals 62 parking
spaces and the applicant's request is reduction of 20 parking spaces, which
are 42 parking spaces.
In February 2012 a shared parking agreement within a reciprocal easement
agreement was approved and recorded in Collin County. Staff determined
that the existing Grocery Store was over parked by 189 parking spaces. Staff
also determined that a restaurant located to the west is also over parked by
24 parking spaces.
Thirteen comment forms were mailed to property owners within 200 feet. One
comment form was returned in favor or none returned in opposition.
Public Comments
Chair Jourdan opened the Public Hearing.
Ms. Teri Dorazil, Real Estate Agent for AGE Texas, 1778 Plano Road,
Richardson, stated that the proposed restaurant is IHOP. The proposed
facility will be 4,600 square feet. A cross parking is necessary due to the busy
hours are typically 9:00 am to 1:00 pm Saturday and Sunday, and three times
a year all day for Christmas, Thanksgiving and New Year's Day.
Mr. Sam Satterwhite, WEDC, 250 Highway 78, spoke in support of the
project.
Chair Jourdan closed the Public Hearing.
Board Action
A motion was made by Board Member Finnell, and seconded by Board
Member Gonzalez, to Grant the request as submitted. The property located
at 2592 FM 544. Motion passed 5—0.
ITEM 2 —ZBA 2016-11
Hold a public hearing to consider and act upon, a request from Walter
Finninger 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 508 S Hwy 78, being 2.001 acres of lot 2R2 Block A of the 78
Corner Addition. ZBA 2016-11
Staff Comments
Mr. Molina stated that the applicant has applied for a variance to the sign
ordinance, wall sign. The proposed sign is located on an existing building at
508 South Highway 78 and is zoned Commercial Corridor.
The applicant is requesting a variance to allow for a sign that measures five
(5) feet in height. The main structure is approximately 174 feet from State
Highway 78. The current sign ordinance allows for signs to have a maximum
Minutes August 15, 2016
Wylie Zoning Board of Adjustment
Page 2 of 3
of three (3) feet in height when mounted to a building that is within 200 feet
from a street.
The unique circumstance in this case is the applicant desires to replace an
existing sign that measures 30 square feet to a smaller sign of 25 square
feet, share the same height of five feet. The sign is a brand logo and is
narrow than the existing.
Public comment forms were mailed to sixteen property owners. Two
responses were received in favor of the request and no responses were
received in opposition.
Public Comments
Chair Jourdan opened the Public Hearing.
Mr. Mark Vergenz, Chandler Signs, 3201 Manor Way, Dallas, Texas,
representative for the applicant, stated that the sign is for logo is Texas
Health Hospital. The design of the sign maintains proportions in size and
footage is similar to existing surrounding commercial properties.
Chair Jourdan closed the Public Hearing.
Board Action
A motion was made by Board Member Prendergast, and seconded by Board
Member Finnell to Grant the variance as submitted. Motion carried 5— 0.
ADJOURNMENT
A motion was made by Board Member Finnell, and seconded by Vice Chair Potts to
adjourn the meeting. All Board Members were in consensus.
Linda Jourdan, Chair
ATTEST:
Mary Bradley, Administrative Assistant
Minutes August 15, 2016
Wylie Zoning Board of Adjustment
Page 3 of 3
Wylie Zoning Board of
Adjustment
CITY OF " LI
AGENDA REPORT
Meeting Date: September 19, 2016 Item Number: 1
Department: Planning Case Number: ZBA 2016-12
Prepared By: Jasen Haskins Project Location: 211 Regency Drive Wylie TX
Date Prepared: September 6, 2016 Subdivision Name: Regency Business Park Ph2
Location Map, Exhibits,
Notification List and Map
Exhibits: with Responses
Subject
Hold a public hearing to consider and act upon a request by Kumars Poorkiyani for a variance to Section 5.F.4
parking regulations of the Zoning Ordinance for the Automotive Repair, Minor use, to allow parking spaces
calculated at 1:375 in lieu of the required 1:300. Property located at 211 Regency Drive, being Lot 44 Block C
of the Regency Business Park Phase 2 Addition. ZBA 2016-12
Discussion
Applicant: Kumars Poorkiyani Owner: Axxess K Properies, LLC
The applicant is proposing an Automotive Repair Shop which is classified in the Zoning Ordinance as
Automotive Repair, Minor. The required parking ratio for such a use is listed as 1:300 which would require 22
parking spaces. The applicant is asking for a variance to reduce the required parking to a ratio of 1:375 which
would require 18 spaces which the applicant has on site.
Article 8, Section 8.4.C.4.e states that, the Board may waive or reduce the parking and loading requirements in
any district, whenever the character use of the building is such as to make unnecessary the full provision of
parking or loading facilities, or were such regulations would impose an unreasonable hardship upon the use of
the lot, as contrasted with merely granting an advantage or a convenience.
Staff feels that the applicant's property definitely has unique and challenging aspects that warrant consideration,
namely the large easement that bisects the property and prohibits the addition of more on-site parking. The
Board granted a variance on this same site in 2013 for a different business use.
Public Comment forms were mailed to 17 property owners within 200 feet of this request, as required by State
Law. One comment form was received in opposition and none were received in favor at the time of posting.
CONSIDERATIONS:
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
Page 1 of 2
Page 2 of 2
ZBOA 2016-12
(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.
Approved By
Initial Date
RO 09/06/16
Department Director
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CITY OF WYLIE
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APPLICATION—REQUEST FOR VARIANCE OR APPEAL
ZONING BOARD OF ADJUSTMENT
(�� `� CITY OF WYLIE
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Date: ® / ((
I,the undersigned owner or authorized agent of the following described real property located in the City of Wylie,Texas,hereby make
application for a request for a variance from the terms of section of the City of Wylie Zoning Ordinance.Or
Section 22-447 of Ordinance 2014-44.
LOCATION OF PROPERTY
Street Address: 7 ([ R q..€ n Cy y
Legal Description: Lot/Tract: 9 , Block C , of Subdivision/Abstract (gyp Q no/6_4,5003 e p4,, ,
Request Variance: Parking t Building Setbacks Building Materials Signs
(If there is additional information which you feel would be helpful to the Board in making a decision, be sure to
include this information in your request. If additional space is required to explain your request,please attach the
explanation to this application.)
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A non-refundable application fee of$100.00 is required at the time of application.
For a variance to be granted by the Board of Adjustment, the Board MUST determine that ALL of the following
conditions apply:
a. That special conditions and circumstances exist which are peculiar to the land, structure or building involved and
which are not applicable to other lands, structures, or buildings in the same district.
b. That literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly
enjoyed by other properties in the same district under the terms of this ordinance.
c. That the special conditions and circumstances do not result from the actions of the applicant.
d. That granting the variance requested will not confer on the applicant any special privilege that is denied by this
ordinance to other lands, structures, or buildings in the same district.
e. No nonconforming use of neighboring lands, structures, or buildings in other districts shall be considered ground
for the issuance of a variance.
f. Financial hardship shall not be considered grounds for the issuance of a variance.
I have read this application packet and understand that filing the application and paying the fee does not guarantee an
affirmative action by the Board of Adjustment. I further understand that at least seventy-five(75)percent concurring
affirmative otes --�`s • order to receive a variance.
1rvetvS P fA'Iy4
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Signature of Applicant Print Name
7At cy - vf�Lte Ti< ' co ' '72--l9 —'q4'(&
Mailing A� res Telephone(Home) Telephone(Day Number)
Staff a er's Signature Date Receipt Nu er
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OWNER NOTIFICATION MAP
Z BA CASE #2016- 12
PUBLIC COMMENT FORM
(Please type or use black ink)
Planning Department
300 Country Club Road
Building 100
Wylie. Texas 75098
_ I am FOR the requested variance as explained on the attached public notice for ZBA Case#2016-12.
si<
I am AGAINST the requested variance as explained on the attached public notice for ZBA Case#2016-12.
Date. Location&Time of
Planning&Zoning
Commission meeting: Monday.September 19.2016,6:30 pm
Municipal Complex,300 Country Club Road. Building 100,Wylie,Texas
Name: _ C-0 'W _I +- Cone-rac .ck trs i t
(please print)
Address: 29 i. Si
Signature: 2.—
Date: 11I -(]. 20
COMMENTS:
FOR PROPERTY ID SEE BELOW
ScoBilt Contractors, Inc. owns two pieces of property on Exchange. One is 281'4 Exchange
which is directly across from the party requesting the parking variance. And the second
property, ScoBilt also owns, is 2812 Exchange which is adjacent to 2814 Exchange.
The number of vehicles being parked on both Exchange and Regency has increased
dramatically in the last six months to the point that not only is it difficult to access our office
but it was impossible to obtain a clear line of sight to either turn off Regency onto Exchange or
turn from Exchange onto Regency.
Thus the intersection and both streets become very congested with parked cars and extremely
dangerous.
We have on numerous occasions have had to ask the occupants of the address in question to
move their automobiles in order for our employees to enter into our driveway.
Therefore we are completely opposed to allowing the parking variance.
Respectfully:
Bilt ntractors Inc.
'7
R. A. Be z,Jr. P.E.
President
2812 Exchange = Property ID: 10387-R-2208-00E-0020-1
2814 Exchange = Property ID: 10386-R-2208-00E-0010-1