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11-21-2016 (Zoning Board of Adjustment) Agenda Packet Zoningoff • ustments r'iIA8 vie117 fr „.,,,, ,,,,.., 7 ,---‘—,,,.....,,L,,,,, ,w„,,,,..,,.,,,..., ,,,.... „ , ,,,,, s 't 'rq\''',0,i ...ar (._, .l II?_—at 7_ --,1 . :tl°` . ri rp,N W,q y 1 " -/Art OFTvir� November2016 Regular Business Meeting Wylie Zoning Board of `' , fa. . M Adjustment y; ...„,..Fe R0.P,.4, A oo r1887% NOTICE OF MEETING Regular Meeting Agenda Monday, November 21, 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 September 19, 2016 Meeting. November 21,2016 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 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 ADJOURNMENT CERTIFICATION I certify that this Notice of Meeting was posted on this 18th day of November 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, September 19, 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 Andres Gonzalez, Board Member Robert Holcomb. 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 August 15, 2016 Meeting. A motion was made by Vice Chair Potts and seconded by Board Member Gonzalez, to approve the Minutes as submitted. Motion carried 4 —0. PUBLIC HEARINGS Item 1 —ZBA 2016-12 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 Staff Comments Ms. 011ie stated that the applicant is proposing an Automotive Repair Shop. The applicant is requesting to reduce the parking requirements to allow 18 spaces. The use is a temporary use in nature; the applicant does have a contract signed for a new tenant in January, which will meet the required 22 parking spaces. Minutes September 19, 2016 Wylie Zoning Board of Adjustment Page 1 of 3 In 2013, the Board granted a variance on this same site for reduction in parking, but the variance was granted per the user. The lot does have 150 feet utility easement to the northern part of the property. Seventeen comment forms were mailed to property owners within 200 feet. No comment forms were returned in favor and one comment form was returned in opposition. Public Comments Chair Jourdan opened the Public Hearing. Mr. Kumars Poorkiyani, 211 Regency Drive, applicant/property owner, stated that the tenant repairs dents from vehicles with four employees. The lease is up in December, 2016. The new tenant will move in January as a Brewery, after the Alcoholic License is approved. The Commissioners questioned the parking over Oncor easement. The applicant did due diligence to get Oncor approval, and parking is allowed over the easement. Chair Jourdan closed the Public Hearing. Board Action A motion was made by Board Member Holcomb, and seconded by Vice Chair Potts, to Grant the request with expiration of December 31, 2016. The property located at 211 Regency Drive. Motion failed 3— 1. Chair Jourdan asked for clarification for the parking requirements. Ms. 011ie stated that the current use does not meet the required parking spaces. The use will change in January, and the new use will meet the requirement for 22 parking spaces. A motion was made by Board Member Holcomb, and seconded by Board Member Gonzalez, to Grant the request with expiration midnight of December 31, 2016. The property is located at 211 Regency Drive. Motion carried 4 — 0. Minutes September 19, 2016 Wylie Zoning Board of Adjustment Page 2 of 3 ADJOURNMENT A motion was mode by Board Member Gonzalez, and seconded by Vice Chair Potts to adjourn the meeting at7:03 PM. All Board Members were inconsensus. Linda Jourdan, Chair ATTEST: Mary Bradley, Administrative Assistant Minutes September 1Q. 2016 Wylie Zoning Board ofAdjustment Page 3nf3 Wylie Zoning Board of Adjustment CITY OF Y I AGENDA REPORT Meeting Date: November 21,2016 Item Number: 1 Department: Planning Case Number: 2016-13 Prepared By: Jasen Haskins Project Location: 2011 North Hwy 78 Date Prepared: November 14, 2016 Subdivision Name: Location Map, Elevations, Site Plan,Notification List and Exhibits: Map with Responses Subject 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 Hwy 78, being 2.062 acres of lot 1 block A of the Shahi Group Addition. ZBA 2016-13 Discussion Applicant: Nash Patel Owner: Southern Comfort Hospitality,LLC The subject property is located at 2011 North Hwy 78. The property measures 2.062 acres and is currently zoned Commercial Corridor. 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 installed before the current ordinance was in place. The current sign ordinance allows for signs to have a maximum of 4' in height with an area of no more than 600 square feet when mounted to a building that is more than 200 feet from a street. The main structure in question is approximately 215' from State Highway 78. The proposed sign is 5.25' in height and 28.4' in length with an area of 149.1 square feet. The intent of the Ordinance is to reduce distraction for motorists and pedestrians and reduce visual clutter. However, a unique circumstance may exist in this case as SH 78 is a 6-lane road making a larger sign appropriate for west bound motorists. The north side of SH78 is 300' from the building face which is 50% farther than the 200' minimum. The Board has approved other signs of this size in other cases and staff is working to amend the ordinance to reduce future needs for Variances. Public comment forms were mailed to 18 property owners within 200 feet of this request, as required by State Law. One comment form was received in favor and no responses were received in opposition at the time of posting. CONSIDERATIONS: Page 1 of 2 Page 2 of 2 ZBOA 2016-13 The Board shall not grant a variance to the development code which: (1) Peiuuts 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; (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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'III , \ \ \ Aft4, '7),'''''I, ,'1',1',1:A I.h'„',t,..'1.4,, e47.!;,F!'.:•;•:',':f7.1,.,,•i;,r•r:,.,,i 7,,v..".,..\\.-j—r 5g i ) . \- ...?.. \.,>.4.. \\k, tiliA kialail Esf-a-hx) ® 4()I •l 'i $--4 Wyndham Drive ss, ,, , ,,, ,., ,...„, ..,_,, \ \ , ...„,,:, ....,,,, , ., ,, ,.... ., 1 , it OWNER NOTIFICATION MAP ZBA CASE #20 1 6- 13 PUBLIC COMMENT FORM (Please type or use black Ink) Planning Department 300 Country Club Road Building 100 Wylie,Texas 75098 LZ-***------ 1 am FOR the requested variance as explained on the attached public notice for ZBA Case#2016-13. I am AGAINST the requested variance as explained on the attached public notice for ZBA Case#2016-13. Date,Location&Time of Planning&Zoning Commission meeting: Monday,November 21,2016,6:30 pm Municipal Complex,300 Country Club Road,Building 100,Wylie,Texas Name: W Et R Ggeivel ( ' (please print) Address: r ° I C,..54,, Dam,/ Ema ti i iLtik 1 Signature: el Date: Illk4o-V $' 1 13- COMMENTS: