08-21-2017 (Zoning Board of Adjustment) Minutes ,..„ „ ;
} Wylie Zoning Board of
CITY OF WYLIE Adjustment
Minutes
Zoning Board of Adjustment
Monday, August 21, 2017- 6:30 pm
Wylie Municipal Complex— Council Chambers
300 Country Club Road, Building 100
CALL TO ORDER
The Zoning Board of Adjustment was called to order at 6:30 PM and a quorum was
present. Board Members present: Chair Linda Jourdan, Board Member Jason
Potts, Board Member Robert Reynolds and Board Member Robert Holcomb.
Board Member Andre Gonzalez and Board Member Kevin Finnell were both
absent.
Staff members present were: Jasen Haskins, Sr Planner, Kevin Molina, Planner
Bret McCullough, Building Official, and Mary Bradley, Administrative Assistant.
i ELECTION OF CHAIR AND VICE CHAIR
1. A motion to nominate Vice Chair.
2. A motion to nominate Chair.
Chair Jourdan recommended tabling the item until next meeting due to two Board
Members being absent.
A motion was made by Board Member Holcomb and seconded by Vice Chair Potts,
to table the election of Chair and Vice Chair until next meeting. Motion carried 4 —
0.
CONSENT ITEMS
1. Consider and act upon approval of the Minutes of the April 17, 2017 Meeting.
A motion was made by Vice Chair Potts and seconded by Board
Member Holcomb, to approve the Minutes as submitted.Motion carried
4- 0.
PUBLIC HEARINGS
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Item 1 ZBA 2017-07
Minutes August 21, 2017
Wylie Zoning Board of Adjustment
Page 1 of 6
Hold a public hearing to consider and act upon a request from Mohammed Haxat
for a Variance to Section 1 B of PD 94-48 for properties requiring a minimum of 10'
side yard building separation, property located at 216 Piccadilly Circle, Lot 12B,
Block H of the Wyndham Estates Phase 2 Addition. ZBA 2017-07
Staff Comments
Mr. Haskins stated that the property is located at 216 Piccadilly Circle
and is zoned Planned Development 94-48. The applicant is requesting
a variance to Section 1 B of the Planned Development 94-48 requiring
the side separation from each structure to be 101. The applicant is
requesting this requirement be reduced to 7'.
The PD allows for setback to be from structure to structure, which is
unique. The Zoning Ordinance requires setbacks to property lines.
However, the PD allows for zero lot lines and requires setbacks from
structure to structure. The property is an infill lot, within an established
subdivision, causing the hardship.
Twenty-Nine comment forms were mailed out. Three comment forms
were received in opposition and one comment form was received in
favor of the request.
Board Discussion
Mr. McCullough stated that the property doesn't have budding code
violations, but zoning violations. The atypical situation of this building is
the setback is from structure to structure. Whereas, all of the other
subdivisions that allow zero lot line, the setbacks are from property line
to property line.
Mr. Haskins stated that the current Zoning Ordinance does not allow the
setbacks from structure to structure, it is from property line to property
line.
Mr. McCullough stated that when the plans were reviewed and approved
by Building Inspections, the setbacks from structure to structure were
noted on the plot plans. When the plumbing rough was inspected, the
form survey and plot plan were compared and the inspection failed due
to inconsistency of setbacks. When plans are submitted for a permit, the
adjacent residential structures are not shown on the plot plan.
Mr. Muhammad Haxat, Builder, stated that he and the Engineer pulled
the current Zoning Ordinance and not the Planned Development
Ordinance 1994•-48. When the permit was picked up, did not notice the
notation of the required setbacks from structure to structure.
Minutes August 21, 2017
Wylie Zoning Board of Adjustment
Page 2 of 6
Public Comments
Chair Jourdan opened the Public Hearing.
Ms. Patricia Stratton, 214 Piccadilly Circle, spoke in opposition of the
request, stating that her house is built on the property line. The house
was 12 years old when purchased, and she has lived there for 18 years.
Chair Jourdan closed the Public Hearing.
Board Action
A motion was made by Board Member Holcomb, and seconded by Vice
Chair Potts to Deny the request for a Variance to Section 1 B of PD 94-
48 for properties requiring a minimum of 10' side yard building
separation. Property located at 216 Piccadilly Circle, Lot 12B, Block H
of the Wyndham Estates Phase 2 Addition. ZBA 2017-07 Motion carried
4 - 0.
Item 2 —ZBA 2017-08
Hold a public hearing to consider and act upon a request by Nga Kim Nguyen for
a variance to Section 5.2.F.5 Body Art Studio of the Zoning Ordinance for an
interpretation of the definition for Permanent Cosmetics. Property located at 2771
W FM 544, Suite 108, being Lot 2, Block A of the A&W Properties No 2 Addition.
ZBA 2017-08
Staff Comments
Mr. Molina stated that the applicant is requesting a variance to the
interpretation of how the permanent cosmetic use is defined within
Article 5 of the Use Regulations in the Zoning Ordinance.
The Body Art Studio use of the Zoning Ordinance is currently allowed in
the Light and Heavy Industrial Districts, and is defined as an
establishment whose services include tattooing and/or body piercing.
The applicant's use is defined as microblading or Intradermal Cosmetics
and is a manual skill of semi-permanent eyebrow drawing.
In March 2017, the Texas Health and Human Services separated the
licensing requirements for Tattooing, Intradermal Cosmetics, and Body
Piercing. The Texas Department of State Health Services requires a
license for the intradermal cosmetics, or microblading service, and
involves the insertion of pigments under the skin. The upkeep of
microblading depends on the client's skin and preference on how often
they return for touch ups.
Minutes August 21, 2017
Wylie Zoning Board of Adjustment
Page 3 of 6
Mr. Molina further stated that Staff was currently in the process of
revising the Zoning Ordinance to include Intradermal Cosmetics, and will
be classified separate from Tattooing and Body Piercing.
Twenty-six comments were mailed to property owners within 200 feet.
Three comments were returned in opposition and one was returned in
favor of the request.
Ms. Nga Kim Nguyen, 2771 W FM 544, Suite 108, applicant for the
request, stated that she is licensed for intradermal cosmetics or
microblading. Microblading is a service used for Cancer survivors that
have lost their hair and those that have suffered from Alopecia. The
microblading involves hand drawing small hair strokes using a needle
under the top layer of the skin, but not a tattoo machine. The
microblading is a semi-permanent procedure, and requires a touch up
every 12 to 24 months, due to fading of the hair strokes. The focus is
only to enhance the natural eyebrows, lips and eyelashes.
Ms. Nguyen stated that her salon is not open at this location. The
services that she will offer is manicure, pedicure and facial applications,
as well as the microblading.
Public Comments
Chair Jourdan opened the Public Hearing. With no one approaching the
Board Members, Chair Jourdan closed the Public Hearing.
Board Action
A motion was made by Vice Chair Potts, and seconded by Board
Member Holcomb, to Grant the variance to Section 5.2.F.5 Body Art
Studio of the Zoning Ordinance to permit Intradermal Cosmetics.
Property located at 2771 W FM 544, Suite 108, being Lot 2, Block A of
the A&W Properties No 2 Addition. Motion carried 4 — 0.
Item 3 —ZBA 2017-09
Hold a public hearing to consider and act upon a request by James J. Donaldson
for a variance to Section 6.3.E.4b(4) of the 2013-17 Zoning Ordinance for the
sidewalk width of 6'. Property located at 307 W. Oak St being Lot 10R, Block 10 in
the Keller's Second Addition. ZBA 2017-09
Staff Comments
Mr. Haskins stated that the property is located at 307 W Oak Street,
within the Downtown Historic District. Habitat for Humanity is
constructing a new single family residential dwelling for the property
owner.
Minutes August 21, 2017
Wylie Zoning Board of Adjustment
Page 4 of 6
The Zoning Ordinance requires a six foot sidewalk for all new residential
development. The applicant is requesting to construct a three foot
sidewalk adjacent to Cotton Belt. There are large mature Hackberry and
America Elm trees that would require removal in order to construct the
six foot sidewalk.
Public Comment forms were mailed to 21 property owners. No comment
forms were received in opposition and one in favor was received in favor
of the request.
Mr.James Donaldson, 3920 E Park Blvd, Plano, represented Habitat for
Humanity of South Collin County. The property has several trees that
have overgrown into the electrical lines. Mr. Donaldson expressed
appreciation to Staff for contacting with Oncor and getting them to trim
the trees back.
The purpose for the request is not only to save the mature trees on the
property, but to keep the character of the neighborhood, and provide
shade for the home.
Mr. Donaldson stated that a four foot sidewalk is existing in front of the
home. Even though the request is for a three foot sidewalk, a four foot
sidewalk could be constructed from power pole to power pole.
E Public Comments
Chair Jourdan opened the Public Hearing. With no one approaching the
Commission, Chair Jourdan closed the Public Hearing.
Board Action
A motion was made by Board Member Holcomb and seconded by Vice
Chair Potts, to Grant a variance to Section 6.3.E.4b(4) of the 2013-17
Zoning Ordinance for the sidewalk width to be 4' instead of 6'. Motion
carried 4 0.
Minutes August 21, 2017
Wylie Zoning Board of Adjustment
Page 5 of 6
ADJOURNMENT
A motion was made by Vice Chair Potts, and seconded oar Member Holcomb
to adjourn the meeting at 7 All Board Members were in consensus.
�
Linda Jourda Chair
a r= ,,'fey, inistr-.ive Assistant
Minutes August 21, 2017
Wylie Zoning Boardof djus ent
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