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01-20-2020 (Zoning Board of Adjustment) Minutes Zoning Board of Adjustment Minutes Regular Meeting January 20, 2020—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 6:34pm and announced the presence of a quorum. Board Members in attendance; Chair Jason Potts., Vice Chair Byron Betler, Board Member Andres Gonzalez, Board Member Dan Norris, and Board Member Lisa Shields. Board Members absent: Board Member Robert Blair, and Board Member Shaun Chronister. 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 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 citi:en participation No one addressed the Board. CONSENT AGENDA :111 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 December 16,2019 Meeting. Board Action A motion was made by Board Member Gonzalez, and seconded by Chair Potts, to approve the minutes as submitted. A vote was taken and carried 5—0. Minutes January 20,2020 Zoning Board of Adjustment Page 1 REGULAR AGENDA Public Hearing Public earinq I. 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 Staff Comments Mr. Molina stated that the property is located at 211 Masters Avenue and is zoned Commercial Corridor. In November 2019 the board approved a variance for the setbacks and building materials to retain the historical residential structure as a commercial use. The current variance request is to allow parking within the ROW. The property was originally developed with a drive within City ROW. Granting of the variance would allow on-street parking on Second Street, which is off-street, but within the ROW. Additionally, the property is the last lot on a dead end street so any actual on-street parking would have a minimal impact on traffic. The applicant is expecting tenants and customers to park either on the east side or in the rear of the property. The hardship in this case is allowing the adaptive reuse of the existing structure and preserving the historical character of the site and neighborhood. Comment forms were mailed to fourteen property owners, and four comment forms were received in favor and none in opposition of the request. Public Comments Chair Potts opened the Public Hearing. Mr. Bryan Rogers, 511 Rustic Place, represented for the applicant, stated that the property is on the corner of Second Street and Masters Avenue. Second Street has a barrier to prohibit access to State Highway 78. Mr. Rogers stated that six parallel parking spaces will be provided on the east side of the property, off Second Street. He further stated that at any one given time only four to six vehicles wiU be at the facility. Chair Potts closed the Public Hearing. Minutes January 20,2020 Zoning Board of Adjustment Page 2 Board Action A motion was made by Board Member Norris, and seconded by Board Member Gonzalez, to grant the variance to Section 7.3 of the Zoning Ordinance to allow off-street parking for commercial uses. Property located at 211 Masters Avenue. A vote was taken and carried 5 —0. 2. Hold a public hearing to consider and act upon a request by Kim Nail for a variance to 3.I.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 Staff Comments Mr. Haskins stated that the variance request is for a screen wall that is owed and maintained by the Birmingham Homeowners Association. The screen wall is located on Lot 6 of Block A and Lot 8 of Block D and is along Country Club Road. The property is zoned Planned Development Ordinance 2002-38. Masonry walls are generally required on residential properties that are adjacent to four to six lane streets. The applicant is requesting a variance stating the hardship is a combination of expense of a masonry wall, engineering difficulties, and durability as the masonry wall sits atop a retaining wall. Fourteen comment forms were mailed to surrounding property owners. One comment form was returned in favor and two responses were received in opposition of the request. Public Comments Chair Potts opened the Public Hearing. Ms. Brandy Schultz, 1300 Tuscalosa Drive, Treasurer for Homeowners Association, stated that the screen wall faces Country CIub Road and is within the Birmingham Farms Phase 4 Addition. There is a three foot retaining wall with a masonry wall on top. An Engineering Firm submitted a letter to the Homeowners Association stating that the current retaining wall may not support a masonry screening wall. A portion of the screen wall has collapsed and needs replacement of some kind. Ms. Schultz stated that the Homeowners Association is asking for a wooden fence to avoid having to spend money twice on repairing a masonry wall or in lieu of rebuilding the retaining wall to hold a masonry screening wall. The six-foot wooden fence would be made of cedar, board on board. The existing masonry posts would remain. No one approached the Board Members. Chair Potts closed the Public Hearing. Minutes January 20,2020 Zoning Board of Adjustment Page 3 Board Action A motion was made by Board Member Betler, and seconded by Board Member Gonzalez, to Deny the request for a variance to 3.I.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. A vote was taken and carried 4 - 1, with Board Member Norris voting in opposition. Ms. Bradley stated that a meeting will be held on February 17, 2020, and Rules and Procedures will be considered. ADJOU ' MENT A motion was made by Board Member Gonzalez and seconded by Board Member Betler, to adjourn the meeting. A vote was taken and carried 5 - 0. 0,-/ ,,,otason Potts, 4( hair ATTEST: i 1 "\,A.A .- ij&YQ4.. _ Maj Bra ley,Ad m inistr 've Assistant 1 Minutes January 20,2020 Zoning Board of Adjustment Page 4