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November 18, 2019
Regular Meeting
ZoningBoard of Adjustment
CITY J
NOTICE OF MEETING
Regular Meeting Agenda
November 18, 2019 — 6:30 pm
Wylie Municipal Complex - Council Chambers
300 Country Club Road, Building #100
Wylie, TX 75098
Jason Potts Chair
Byron Betler Vice Chair
Robert Blair Board Member
Andres Gonzalez Board Member
Lisa Shields Board Member
Dan Norris Alternate Board Member
Shaun Chronister Alternate Board Member
Jasen Haskins Planning Manager
Kevin Molina Sr 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 Board 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
CITIZENS COMMENTS ON NON-AGENDA ITEMS
Residents may address the Board regarding an item that is not listed on the Agenda. Residents must fill out a
non-agenda form prior to the meeting in order to speak. The Board requests that comments be limited to three(3)
minutes. In addition, the Board is not allowed to converse, deliberate or take action on any matter presented during
citizen participation.
CONSENT AGENDA
A. Consider and act upon approval of the Minutes for the August 19, 2019. Meeting.
November 18,2019 Zoning Board of Adjustment Regular Meeting Agenda Page 2 of 2
EXECUTIVE SESSION
If during the course of the meeting covered by this notice,the Zoning Board of Adjustment should determine that a
closed or executive meeting or session of the Zoning Board of Adjustment or a consultation with the attorney for the
City should be held or is required, then such closed or executive meeting or session or consultation with attorney as
authorized by the Texas Open Meetings Act,Texas Government Code§ 551.001 et. seq.,will be held by the Zoning
Board of Adjustment at the date, hour and place given in this notice as the Zoning Board of Adjustment may
conveniently meet in such closed or executive meeting or session or consult with the attorney for the City
concerning any and all subjects and for any and all purposes permitted by the Act, including,but not limited to,the
following sections and purposes:
Texas Government Code Section:
§ 551.071 —Private consultation with an attorney for the City.
REGULAR AGENDA
Public Hearing
1. Hold a public hearing to consider and act upon a request by Bob Heath for a variance to
Section 4.1.C.3 and 4.3 of the 2019 Zoning Ordinance to allow for the use of an existing
residential structure as a commercial use in order to preserve the historical character of
the structure. Property located at 211 Masters Avenue, being Lot 3 & 4, Block 20 of
Railroad Addition. ZBA 2019-13
ADJOURNMENT
CERTIFICATION
1 certify that this Notice of Meeting was posted on November 15, 2019 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.
Stephanie Storm,City Secretary Date Notice Removed
This page is intentionally blank
Zoning Board of Adjustment
CITY OF
Minutes
Regular Meeting
August 19, 2019—6:30 p.m.
Wylie Municipal Complex—Council Chambers
300 Country Club Road, Bldg. 100
Wylie, TX 75098
CALL TO ORDER
Announce the presence of a Quorum.
Vice Chair Jason Potts called the meeting to order at 6:30pm and announced the presence of a
quorum. Board Members in attendance; Vice Chair Jason Potts, Board Member Byron Betler,
Board Member Andres Gonzalez and Board Member Dan Norris. Board Member absent: Board
Member Robert Blair.
Staff present were Mr. Jasen Haskins, Planning Manager, Mr. Kevin Molina, Senior Planner and
Ms. Mary Bradley, Administrative Assistant.
CITIZENS COMMENTS ON NON-AGENDA ITEMS
Residents may address Board regarding an item that is not listed on the Agenda. Residents must fill out a non-
agenda form prior to the meeting in order to speak. The Board requests that comments be limited to three (3)
minutes. In addition, Board is not allowed to converse, deliberate, or take action on any matter presented during
citizen participation.
No citizens present to address the Board.
CONSENT AGENDA
All matters listed under the Consent Agenda are considered to be routine by the Board and will be enacted by one
motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed
from the Consent Agenda and will be considered separately.
A. Consider and act upon approval of the Minutes for the June 17, 2019 Meeting.
Board Action
A motion was made by Board Member Gonzalez, and seconded by Board Member Betler, to
approve the minutes as submitted. A vote was taken and carried 4—0.
ELECTION OF CHAIR AND VICE CHAIR
1. A motion to nominate Chair.
Minutes August 19,2019
Zoning Board of Adjustment
Page 1
Board Action
A motion was made by Board Member Betler and seconded by Board Member Gonzalez, to
nominate Board Member Potts as Chair. A vote was taken and carried 4—0.
2. A motion to nominate Vice Chair.
Board Action
A motion was made by Chair Potts and seconded by Board Member Gonzalez, to nominate
Board Member Betler as Vice Chair. A vote was taken and carried 4—0.
REGULAR AGENDA
Public Hearing
1. Hold a public hearing to consider and act upon a request by Matthew Davis for a
variance to Section 3.3.B, Section 3.4.F.3 and Section 5.B.1 of the Zoning Ordinance
for Multifamily setbacks, parking, and exterior material requirements, property
located at 105 S. 5' Street, being Lot 1, Block 24 of the Railroad subdivision. ZBA
2019-10
Staff Comments
Mr. Molina stated that the property is Village East Apartments, constructed in 1974 and is
currently zoned Multifamily (MF). The applicant is requesting to add 443.50 square feet to the
existing office building.
Three development standards that the site is not conforming with are setbacks, parking and
exterior building materials.
The variance request to the setbacks will allow current setbacks of 12 feet on the northern side,
12 feet on the western side, 0 feet on the southern side, and 6 feet on the eastern side. The
southern side is adjacent to an abandoned alley next to a cemetery.
The variance request for the parking will allow 48 existing parking spaces to remain. The
applicant has stated that the office building addition will not require additional parking as it will
be used for storage space.
The variance to exterior materials to allow the use of brick and siding as primary exterior
materials. The building materials is not applicable due to the new legislative laws, which allows
development to use any type of material regulated within Building Code.
Due to expansion of the property, a site plan is required and will be considered by Planning and
Zoning Commission.
Public Comment Forms were mailed to 20 property owners within 200 feet. No comment forms
were returned in favor or in opposition of the request.
Minutes August 19,2019
Zoning Board of Adjustment
Page 2
Public Comments
Chair Potts opened the Public Hearing. With no one approaching the Board, Chair Potts closed
the Public Hearing.
Board Action
A motion was made by Board Member Norris made a motion to grant the variance to Section
3.3.B, Section 3.4.F.3 and Section 5.B.1 of the Zoning Ordinance for Multifamily setbacks,
parking, and exterior material requirements, property located at 105 S. 5th Street, being Lot 1,
Block 24 of the Railroad subdivision. ZBA 2019-10 A vote was taken and carried 4—0.
2. Hold a public hearing to consider and act upon a request by Wylie ISD for a
variance to Section 5.1 of the Zoning Ordinance for secondary schools required
parking at 7 parking spaces per classroom, property located at 3000 Wylie East
Drive, being Lot 1, Block A of the Wylie East High School. ZBA 2019-11
Staff Comments
Mr. Molina stated that the property is located at 3000 Wylie East Drive and is currently zoned
Agricultural District (AG/30). On August 6, 2019 the Planning and Zoning Commission
conditionally approved an amended site plan for Wylie East High School with an increase of
classrooms from 160 to 164 and increase of parking spaces from 930 to 1,059 parking spaces.
The applicant is seeking a variance to allow for a parking ratio of 6.4 spaces per classroom in
lieu of the required 7 parking spaces per classroom. The applicant is requesting this variance as
Wylie ISD typically runs their student capacity at 85%. The proposed parking count exceeds the
minimum requirement at the 85% capacity as the school is proposing to provide 1,059 parking
spaces when it would be required 1,050 parking spaces at the 85% capacity count.
Public comment forms were mailed to 56 property owners within 200 feet. No responses
received in favor or in opposition of the request were received.
Public Comments
Chair Potts opened the Public Hearing. With no one approaching the Commission, Chair Potts
closed the Public Hearing.
Board Action
A motion was made by Board Member Gonzalez, and seconded by Chair Potts, to Grant the
request for a variance to Section 5.1 of the Zoning Ordinance for secondary schools required
parking at 7 parking spaces per classroom, property located at 3000 Wylie East Drive, being Lot
1, Block A of the Wylie East High School. ZBA 2019-11. A vote was taken and carried 4- 0
Minutes August 19,2019
Zoning Board of Adjustment
Page 3
ADJOURNMENT
A motion was made by Board Member Gonzalez and seconded by Chair Potts, to adjourn the
meeting. A vote was taken and carried 4—0.
Jason Potts, Chair
ATTEST:
Mary Bradley,Administrative Assistant
Minutes August 19,2019
Zoning Board of Adjustment
Page 4
Wylie Zoning Board of
CI..f..Y�O�r Adjustment
AGENDA REPORT
Meeting Date: November 18, 2019 Item Number: 1
Department: Planning Case Number: 2019-13
Prepared By: Kevin Molina Project Location: 211 Masters Avenue
Date Prepared: November 12, 2019 Subdivision Name: Raiload, Block 20, Lot 3 & 4
Locator Map, Photo,
Exhibits: Notification Map
Subject
Hold a public hearing to consider and act upon a request by Bob Heath for a variance to Section 4.1.C.3 & 4.3
of the Zoning Ordinance to allow for the use of an existing residential structure as a commercial use in order to
preserve the historical character of the structure, property located at 211 Masters Avenue.
ZBA 2019-13
Discussion
Applicant: Bob Heath Owner: Bob Heath
The subject property is located at 211 Masters Avenue and is currently zoned Commercial Corridor(CC).
The applicant is seeking a variance to allow for the use of an existing residential structure as a commercial use. The
proposed use is for a Wellness Center.
The purpose (hardship) of the variance request is to allow the adaptive reuse of the existing structure and preserve the
historical character of the site and neighborhood. The existing property was constructed in 1955 with a Victorian
architectural style. Staff is in agreement with the applicant's request to preserve the structure's historical significance.
Approval of this request will allow for the applicant to move forward by granting variances to the setbacks, site,
landscaping, and architectural design of the subject property. Under the current CC zoning, the required setbacks are 25'
front, 10' side and rear. The structure is approximately 30' from the street curb along Second Street, and approximately
45' from the street curb of masters Avenue. However with 80' of right-of-way on Second Street, the structure is right at
the property line. On Masters there is 100' of right-of-way, which places the structure right at the property line. If
approved the applicant will be required to combine the two lots and provide parking for the proposed use.
Public comment forms were mailed to fourteen (14) property owners within 200 feet of this request, as required by State
Law. At the time of posting there were no responses in favor or in opposition of the variance proposal.
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
Page 1 of 2
Page 2 of 2
ZBOA 2019-13
(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 foiiiiulation 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
Department Director JH November 13, 2019
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