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12-16-2019 (Zoning Board of Adjustment) Agenda Packet Zoningof Ad • us men 4 oF 147k ,Ir " 17,112441t lefitit,* "_ r _ . -..-...1.1i ,.it.i(4;,. t Via, p"A.'44..4,.4.\0.4\-\.\.Tj...ryi t."g..o.t1i N'.„4,N,' /° -''s-.'/'..'.' ..r„,...i.7.-1..w,.E..-.A1.',,l".i i.I4,cit'L,A,,,„,„,\i„,S,„ r " "` { c t)... ar 7, Ack, It tta4 s 4fI OFT1 ' December 16, 2019 Regular Meeting Zoning Board of Adjustment CITY OF NOTICE OF MEETING Regular Meeting Agenda December 16, 2019 — 6:30 pm Wylie Municipal Complex - Council Chambers 300 Country Club Road, Building #100 Wylie, TX 75098 Jason Potts Chair Byron Better 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: wwwwvlietexas.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 November 18, 2019 Meeting. December16,2019 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 Jeremy Fuselier for a variance to Section 3.F.12.a.2 of the Zoning Ordinance to allow for the construction of a 10' tall wooden fence, property located at 1322 Hill View Trail, Lot 29, Block A of Lake Trails of Bozman Farm.ZBA 2019-14 ADJOURNMENT CERTIFICATION I certify that this Notice of Meeting was posted on December 13, 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 Minutes Regular Meeting November 18, 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. Chair Jason Potts called the meeting to order at 6:30pm and announced the presence of a quorum. Board Members in attendance; Chair Jason Potts, Vice Chair Byron Betler, Board Member Shaun Chronister, Board Member Dan Norris and Board Member Lisa Shields. Board Members absent: Board Member Robert Blair and Board Member Andres Gonzalez. 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 one addressed 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 August 19, 2019 Meeting. Board Action Vice Chair Betler stated that there is a correction to the minutes. Public Hearing 1, the motion did not include a second by a Board Member. The motion to grant the variance was made by Board Member Norris, and seconded by Board Member Gonzalez. A motion was made by Vice Chair Betler, and seconded by Board Member Shields, to approve the minutes with corrections noted. A vote was taken and carried 5 —0. Minutes November 18,2019 Zoning Board of Adjustment Page 1 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 Staff Comments Mr. Molina stated that the property is located at 211 Masters Avenue and is currently zoned Commercial Corridor (CC). The applicant is requesting to change the residential use to a commercial use. The house was constructed in 1955 as a Victorian architectural style. The applicant desires to preserve the historical character of the site and neighborhood. Staff agrees with the applicant's request to preserve the structure's historical significance. The proposed use is for a Wellness Center. The variance would allow the commercial use without being brought up to current standards. The variance applies to setbacks, landscaping, building materials and changing the use of the residential structure to a commercial use. Public Comment Forms were mailed to 14 property owners within 200 feet. Eight comment forms were returned in favor with two outside the 200 feet and no comment forms returned in opposition of the request. Public Comments Chair Potts opened the Public Hearing. Mr. Bryan Rogers, Better Design Resources, representative for the applicant, 511 Rustic Place, Wylie, stated that the property is 7,500 square feet and the existing structure is 1,900 square feet. The intent is to keep the existing accessory structure as well. The applicant has applied for a county historical marker and a local historical marker to the property. Chair Potts closed the Public Hearing. Board Action A motion was made by Board Member Norris, and seconded by Board Member Chronister to grant the variance to Section 4.1.C.3 and 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 A vote was taken and carried 5 — 0. Minutes November 18,2019 Zoning Board of Adjustment Page 2 ADJOURNMENT A motion was made by Vice Chair Better and seconded by Board Member Shields, to adjourn the meeting. A vote was taken and carried 5 —0. Jason Potts, Chair ATTEST: Mary Bradley, Administrative Assistant Minutes November 18,2019 Zoning Board of Adjustment Page 3 This page is intentionally blank Wylie Zoning Board of I Y OF Adjustment LI AGENDA REPORT Meeting Date: December 16, 2019 Item Number: 1 Department: Planning Case Number: 2019-14 Prepared By: Kevin Molina Project Location: 1322 Hill View Trail Lake Trails of Bozman Farm, Date Prepared: December 09, 2019 Subdivision Name: Block A, Lot 29 Locator Map,Aerial, Exhibits: Notification Map Subject Hold a Public Hearing to consider and act upon a request by Jeremy Fuselier for a variance to Section 3.F.12.a.2 of the Zoning Ordinance to allow for the construction of a 10' tall wooden fence,property located at 1322 Hill View Trail, Lot 29, Block A of Lake Trails of Bozman Farm.ZBA 2019-14 Discussion Applicant: Jason Fuselier Owner: Jason Fuselier The subject property is located at 1322 Hill View Trail and is currently zoned within the Bozman Farms Estates Planned Development(PD 2002-52). The applicant is seeking a variance to allow for the construction of a 10' tall wooden fence in lieu of the maximum 8' allowed by the Zoning Ordinance. The applicant is requesting this variance as the extra height will provide additional screening from an RV park that is being developed south of the subject property. The RV park is not in City limits and therefore the City has no control over the development standards. Public comment forms were mailed to eighteen (18)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 (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. Page 1 of 2 Page 2 of 2 ZBOA 2019-14 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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', Ord Y a ,a d „„ 4 , " Notification Map , i !„.„. , , , , 1 I ��,..........4„, .... �.�.__.,,,_ ti 1 ' 4 y� #� %# t r' �s,...w,,, 4... 4 .V 1 i 1 r [ i 1317 1 1 .. ,,.....�,... 41► +} z I 4 4 1 E 4 y±ti�y R 1 1 o . ,�.� t r.' 1 ":75 4 n...,,..,. n I I ! i 1 J LAFF �P_ � W w��.v l j TRAILS OF # _..,_BO -MAN I FARM j 1 1 i HILL ViEw .I I ! ".H x E g ������������������ 1 1 . ® ® 1 1. ��i�i`�i�i�i�i�i�i 1 t �iiiiiiiii i I i w i r r % ► % i I l .e* r. #�A .4* . ' HIDDEN VALLEY CIA. -•'"`�.- ZBOA 2019-14 : � �t L ,i200 Foot Notifcation Buffer ����������� Subject Property1r vit ,",-,c.„-„.„,,,,„,,, ,„,,,,,,,„..,,,... ,-,,�0 ��L yi isi CI T t 0 25 50 100 150 200 250 5 - - - WYLIE 4 Feet