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01-20-2020 (Zoning Board of Adjustment) Agenda Packet Zoning oar o A d . us men s F 47,1;, Ch> r 1 ..,;1/4-1' Fe ,, i ,- , - A. ...2, , Fi -. .,/ , .1, . ,,,,,. ,., 41 ,/,,, .., --„, __.„......-_ ,...,____ ---'''' ifi r N ...........ii EIT-- „A.,.,„,.- � s, «rsi. v oA V;10 ', , (T)' - .�,» COLORADO -4. lip rilk 90..4A RAt l r4k 1 (3 1887 sy,4.TE OF TEILS anuary 9 Regular Meeting Zoning Adjustment of Adjustment NOTICE OF MEETING Regular Meeting Agenda January 20, 2020 — 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 December 16, 2019 Meeting. January 20,2020 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 7.3 of the Zoning Ordinance to allow for no off-street parking requirements in lieu of required on-site parking for commercial uses, property located at 211 Masters Avenue. ZBA 2019-15 2. Hold a public hearing to consider and act upon a request by Kim Nail for a variance to 3.1.i of the Planned Development Ordinance 2002-38 to allow wooden fence on top of masonry retaining wall in lieu of masonry screen wall, property located at 1412 Abbeville. ZBA 2020-01 ADJOURNMENT CERTIFICATION I certify that this Notice of Meeting was posted on January 17, 2020 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 Zoning Board of Adjustment Minutes Regular Meeting December 16, 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 6:31pm and announced the presence of a quorum. Board Members in attendance; Chair Jason Potts, Vice Chair Byron Betler, Board Member Robert Blair and Board Member Andres Gonzalez. Board Members absent: Board Member Shaun Chronister, Board Member Dan Norris and Board Member Lisa Shields. 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 November 18, 2019 Meeting. Board Action A motion was made by Board Member Gonzalez, and seconded by Vice Chair Betler, to approve the minutes as submitted. A vote was taken and carried 4 —0. Minutes December 16,2019 Zoning Board of Adjustment Page 1 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 Staff Comments Mr. Molina stated that the property is located at 1322 Hill View Trail. The applicant is seeking a variance to allow for the construction of a 10 feet tall wooden fence in lieu of the maximum 8 feet allowed by the Zoning Ordinance. The applicant is requesting the variance for additional screening due to a RV Park being developed behind his property. The City of Wylie has no regulation or jurisdiction on the design standards as the RV Park is outside City limits. Comment forms were mailed to 18 property owners surrounding the property. No responses in favor or in opposition were received. Public Comments Chair Potts opened the Public Hearing. Mr. Jason Fuselier, 1322 Hill View Trail, the applicant, stated that his property slopes in the back, higher on the right than on the left. The developer of the RV Park has told the applicant no RV's would be closer than 40 feet to the property line, however the slope and the height of the RV's does cause a privacy concern. The applicant has tentative approval from his Homeowner's Association. Chair Potts closed the Public Hearing. Board Action A motion was made by Board Member Gonzalez, and seconded by Chair Potts, to grant the 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 A vote was taken and carried 4 —0. Minutes December 16,2019 Zoning Board of Adjustment Page 2 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 December 16,2019 Zoning Board of Adjustment Page 3 Wylie Zoning Board of Adjustment YLIE AGENDA REPORT Meeting Date: January 20, 2020 Item Number: 1 Department: Planning Case Number: 2019-15 Prepared By: Kevin Molina Project Location: 211 Masters Avenue Date Prepared: January 02, 2019 Subdivision Name: Raiload, Block 20, Lot 3 & 4 Locator Map,Photos, Exhibits: Notification Map Subject Hold a public hearing to consider and act upon a request by Bob Heath for a variance to Section 7.3 of the Zoning Ordinance to allow for no off-street parking requirements in lieu of required on-site parking for commercial uses,property located at 211 Masters Avenue. ZBA 2019-15 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 has received variances from the Board in November 2019, to reduce setbacks and retain the historical residential structure as a commercial use. As development proceeded,it has become apparent that reorganizing the parking to meet noiival commercial requirements would interfere with the historical nature of the property. Therefore,the applicant is seeking a variance to allow for zero required off-street parking. The proposed use is for a Wellness Center and will require 6-7 parking spaces.Noinially,those commercial parking spaces would be concrete with striping and curb stops. The property is too small for a developed parking lot. Granting of the variance would allow on street parking, however the applicant is expecting a majority of customers would park on the property, in either existing driveway on the east side or rear of the property. Additionally, this property is the last lot on a dead end street so any on-street parking would have a minimal impact on traffic. The hardship in this case is allowing the adaptive reuse of the existing structure and preserving the historical character of the site and neighborhood. The existing property was constructed in 1901 with a Victorian architectural style. Staff is in agreement with the applicant's request to preserve the structure's historical significance. Public comment foiius 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) Peiiuits 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 Page 1 of 2 Page 2 of 2 ZBOA 2019-15 (5) Is based on physical conditions or circumstances of the property so general or recurring in nature as to reasonably make practicable the foiiuulation 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 January 13 2020 Locator Map — 205 CO , II /'IIIIIII /88 I I „ 1 Ai IM A FR.B IL E S 1- > E MARBLE STHI....- II , 100 5 131 (-(11 5130 r::111 , , , 11,o, •.::::::: I 121 "I'II: 120 H ./..) — (Ail , \ (.. < 112 :EI „ 1 _ilia Er: , '' B C1111. 111Li. 10,9 1 I 104 II IZ 851 200 TH50 5'5' 1(21 () I 5]. ./5IIIIII ,,P15C6 „,"I'I'I" 100 103 li .„.,AI‘)IIL 05 W OAK S-I ,, ' ..,'11, ,„/ \ F.'....... OA K SI" " -. / , ............................. '''',.\'' , 113 '10'1 C:b I 1 10 1,1 ."(,,IIIII'' 101 100 101 102 11(81 I 18515L8111 1 iiii , 1110(41 ii 112 ,„5"'I 0515 / „ IIII ,' 85'0, 1105 11081 5 5 ' 104 '720 I 01.....DE , CI-I3Y/"' 3/ ,20 11 <3 \2 1.4 II — ' 30ii 7g, (r) 1 J L] ''' 5'","' , \''''''' r i°,./ ti.bt 11091 F3ARik ,, , ,' , '''''' IM A "T.E II:R.S." A\/..1 F''..,'...', II /1111'1 11-- 1.:D „ 200, Cf.) 200 n°81°A1 In°812/5' I I ill I CD /5 (IP , , II 1(0(i II t„11 1 D il IB L j „, z , III,I1I'I PIII' , ",37 205 F--- 203 .) 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I arn AGAINST the requested variance as explained on the attached public notice for ZBA Case #2020-01 Date, Location & Time of Planning & Zoning Commission meetinor: Monday, January 20, 2020, 6:30 pin INfunicipal Complex, 300 Country Club Road, Building 100, Wylie, Texas COMMENTS: