04-17-2017 (Zoning Board of Adjustment) Minutes Wylie Zoning Board of
CITY OF WYLIE Adjustment
Minutes
Zoning Board of Adjustment
Monday, April 17, 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 6:35 PM and a quorum
was present. Board Members present: Chair Linda Jourdan, Board Member
Jason Potts, Board Member Kevin Finnell, and Board Member Andre Gonzalez.
Board Member Robert Holcomb arrived late.
Staff members present were: Renae' 011ie, Development Services Director,
Jasen Haskins, Sr Planner, Kevin Molina, Planner and Mary Bradley,
Administrative Assistant.
CONSENT ITEMS
1. Consider and act upon approval of the Minutes of the March 20, 2017
Meeting.
A motion was made by Board Member Finnell and seconded by Board
Member Gonzalez, to approve the Minutes as submitted. Motion
carried 4— 0. Board Member Holcomb arrived after vote.
PUBLIC HEARINGS
Item 1 —ZBA 2017-04
Hold a public hearing to consider and act upon a request by Amanda Peterson
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 201
N Ballard Suite 300, being lots 3A-B and Lots 4A-4B, Block 2 in Brown and Burns
Addition. ZBA 2017-04
Staff Comments
Mr. Molina stated that the applicant is requesting a variance on the
interpretation of the permanent cosmetic use as defined within the
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Wylie Zoning Board of Adjustment
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Zoning Ordinance. The property is located within the Downtown
Historic District at 201 N Ballard, Suite 300,
The form of permanent cosmetics is called m.icroblading and is a
manual skill of semi-permanent eyebrow drawing. The pigment is
applied into the surface layer of the dermis using sterilized tools. The
pigment is chosen so to match the natural hair or eyebrow's color.
The permanent cosmetic use conforms within the Body Art Studio use
of the Zoning Ordinance and is currently allowed in the Light and
Heavy Industrial District. While the State of Texas does require
licensing similar to tattooing and/or body piercing, permanent
cosmetics is recognized as a separate category, labeled as
Intradermal Cosmetics.
With that being said, the Board may direct Staff to request City Council
amend the Zoning Ordinance to evaluate to determine if the use
properly fits the definition of Body Art Studio.
Eighteen comment forms were mailed out, two were received in
opposition and no comment forms were received in favor.
Ms. Amanda Petersen, 201 N Ballard, Suite 300, Wylie, the applicant,
stated that she only started doing the microblading service for a year,
but doing facial cosmetics for eight years. 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 Texas Health and Human Services does recognize the
pigments as cosmetics as a separate classification from the Tattooing
and Body Piercing. The focus is only to enhance the natural eyebrows,
lips and eyelashes.
For the past six years, Ms. Petersen has had spa business in
downtown Wylie for six years, and has cultivated clientele desiring the
microblading. Before she only performed waxing and tinting eyebrows;
full body waxing, threading tanning and clients complaining the
treatment was not lasting long enough; or having cancer survivors
losing all hair and wanting something to replace their hair.
Public Comments
Chair Jourdan opened the Public Hearing.
Ms. Beth Bell, owner of Salon by the Park, spoke in favor of the
request, stating enhancing her business for her clients.
Minutes April 17, 2017
Wylie Zoning Board of Adjustment
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Mr. Bob Heath, 4506 E Parker, owner of the property, and spoke in
favor of the request, from two prospective; relatives as cancer
survivors and business owner/property owner. He further stated
against tattoo parlor within the downtown area and that the Intradermal
Cosmetics is not the same.
Ms. Heather Petty, 1301 Windward Lane, spoke in favor of the request
as a patient of disease causing eyes watering constantly.
Chair Jourdan closed the Public Hearing.
Board Discussion
Ms. 011ie stated that in view of information received from the Texas
Health and Human Services separating the Intradermal Cosmetics
from Tattooing and Body Piercing, staff will be researching to amend
the Zoning Ordinance to separate the definitions and possibility to take
to Council.
Board Action
A motion was made by Board Member Finnell, and seconded by Board
Member Holcomb to Grant the Intradermal Cosmetics as defined by
the State, and direct staff to amend Zoning Ordinance to include
definition of Intradermal Cosmetics. Motion carried 5— 0.
Item 2 —ZBA 2017-05
Hold a public hearing to consider and act upon a request by Tom Thumb Ross
McArthur for a variance to Ordinance 2014-44, Section 22-447 Wall Signs,
requirements for the maximum height of a wall sign. Property is located at 921
Westgate Way, Lot 2, Block A of the Greenway Addition. ZBA 2017-05
Staff Comments
Mr. Molina stated that the current sign ordinance has a restriction on
the height of a sign as four feet. The applicant is requesting a sign
eight feet and four inches in height. The purpose for the size of the
sign is that the building is 735 feet from Westgate Way and 210 feet
from FM 544. The current sign ordinance allows for signs to have a
maximum of four feet in height when mounted to a building that is
located 200 or more feet from a public right of way.
Mr. Ross MacArthur, 151 Iron Holser Drive, San Diego, CA,
represented for Tom Thumb. The request is to increase the sign to 71
1/2 inches, in keeping with previous business sign and maintaining the
image. The previous business was Albertsons, and was recently
Minutes April 17,2017
Wylie Zoning Board of Adjustment
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changed to Tom Thumb, which is all owned by the same company.
The proposed sign was ordered, but not made.
Public Comments
1-1
Chair Jourdan opened the Public Hearing. With no one approaching
the Board Members, Chair Jourdan closed the Public Hearing.
Board Discussion
Mr. Molina stated that according to calculations, the proposed sign
would be allowed, if the revised Sign Ordinance is approved by
Council.
Board Action
A motion was made by Board Member Gonzalez, and seconded by
Vice Chair Potts, to Grant the variance for increase size of sign to 71
1/2 inches sign. Motion carried 5— 0.
Item 3 —ZBA 2017-06
Hold a public hearing to consider and act upon a request from Tommy Bell for a
Variance to Ordinance 2014-44, Section 22-447(1)c Wall Signs, requirements for
the maximum height of a wall sign and Section 22-447(h), requirements for the —�
maximum width of a monument sign. The property is located at 2210 West FM
544, being Lot 1 Block A of the LaQuinta Addition. ZBA 2017-06 .�
Staff Comments
Mr. Haskins stated that the property is located at 2210 West FM 544,
LaQuinta Inn. The applicant is requesting two sign variances. The first
request is wall sign and the other request is for a monument sign.
The hotel logo is eight feet three inches high and the name sign is four
feet ten inches high and twenty-four feet wide. Both signs exceed the
current allowed four feet maximum height for a mounted wall sign. The
structure is approximately 450 feet from the right-of-way.
The hardship is the distance from the right-of-way and from the
roadway visibility triangle.
According to calculations, the proposed sign is less than the allowed
size for the proposed amendments to the Sign Ordinance.
The other request is to the monument sign proposed as five feet high
and fourteen feet wide. The Ordinance allows for single tenant
monument signs to be a maximum of eight feet wide and total 96
square feet.
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Wylie Zoning Board of Adjustment
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Mr. Tommy Bell, 4250 Asher, representative from Sign Company,
stated that the logo is over the height requirements from the sign
channel in the Sign Ordinance and not all the letters within the sign.
The monument sign is more backed onto property owner property and
not within the right-of-way.
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
Board Member Gonzalez, to Grant a variance to wall sign and Grant a
variance to monument sign. Motion carried 5 —0.
ADJOURNMENT
A motion was made by Vice Chair Potts, and seconded by Board Member Finnell
to adjourn the meeting. Ail Board Members were in consensus.
Linda Jour n, Chair
ATTEST:
1 4
Ma Br alley, Administrative a Assistant
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Wylie Zoning Board of Adjustment
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