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02-17-2020 (Zoning Board of Adjustment) Minutes Zoning Board of Adjustment I® CITY OF WYLIE Minutes Regular Meeting February 17, 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 6:37pm 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 Robert Blair. Board Members absent:, Board Member Lisa Shields and Board Member Shaun Chronister. Staff present were Mr. Jasen Haskins, Planning Manager, Mr. Kevin Molina, Senior Planner and Ms. Tina Link, Deputy City Secretary. 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. No one addressed the Board. CONSENT AGENDA All matters listed under the Consent Agenda are considered to he 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 January 20, 2020 Meeting. Board Action A motion was made by Board Member Gonzalez, and seconded by Board Member Blair, to approve the minutes as submitted. A vote was taken and carried 5 —0. Minutes February 17,2020 Zoning Board of Adjustment Page 1 REGULAR AGENDA Public Hearing 1. Hold a public hearing to consider and act upon a request by Jake Fears for a variance to Section 4.2.A.3 of the Zoning Ordinance to allow for a side setback of 3 feet in lieu of the required 10 feet, property located at 809 Woodbridge Parkway. ZBA 2020-02 Staff Comments Mr. Molina stated that the property is located at 809 Woodbridge Parkway and is zoned Planned Development (PD 2003-01) within the Woodbridge Centre Phase II. The applicant is seeking a variance to allow for three feet side setbacks for 199 square foot of building area on the northern side of the lot. The northern property line indents to the south midway along the property line. The indentation creates a hardship for the required 10 feet side setback is excessive compared to the setbacks for the rest of the property. The property also has a 60 feet wide easement from North Texas Municipal Water District on the southern side of the property. Nine public comment forms were mailed to surrounding property owners. No comment forms were received in favor or in opposition of the request. Public Comments Chair Potts opened the Public Hearing. Jay Jamerson, Seqouiz Retail Group, 1700 Cedar Spring Road, Suite 1204, Dallas, Texas, represented the buyer of the property, stating that the property will be developed as an 8,000 square foot retail strip center. The developer for Woodbridge Centre Phase I created the indentation on the property line, but they were unable to locate the reason for the indentation. Additionally, Krogers is the owner of the property and approves the site layout. Ms. Casey Orr, Wier Associates, civil engineering firm for the property, stated that the spirit and intent of the lot is being met with the layout of the building and generally conforms to the requirements within the zoning code. Chair Potts closed the Public Hearing. Board Action A motion was made by Vice Chair Betler, and seconded by Board Member Gonzalez, to grant the variance to Section 4.2.A.3 of the Zoning Ordinance to allow for a side setback of three feet. Property located at 809 Woodbridge Parkway. A vote was taken and carried 5 —0. Minutes February 17,2020 Zoning Board of Adjustment Page 2 2. Hold a public hearing to consider and act upon a request by Divyesh Patel for a variance to Section 3.2.A.3 and 7.3.C.3 of the Zoning Ordinance to allow for a side setback of two feet and for the use of gravel as a parking surface, property located at 412 Foxwood Lane. ZBA 2020-03 Staff Comments Mr. Molina stated that the subject property is located at 412 Foxwood Lane and is currently zoned within the Stone Grove Planned Development Ordinance 1993-29. The applicant is seeking a variance to allow for a two feet side setback for the placement of a carport. The Zoning Ordinance requires a five feet setback. The applicant is also requesting to use gravel in lieu of concrete. The City Engineer does not recommend gravel due to environmental reasons and maintenance issues. Twenty-four comment forms were mailed to surrounding property owners. Three comment forms were received in opposition of the request and no comment forms received in favor of the request. Public Comments Chair Potts opened the Public Hearing. 111 Mr. Divyesh Patel, 412 Foxwood;property owner of the subject property, stated that the area for the carport will be part gravel and the majority is concrete. There is current gravel in the driveway, which was there when he purchased the house. The proposed carport is for two-car parking. The Board Members expressed concern for anchoring the carport. Mr. Patel stated that a portion of the carport would be anchored in through the gravel. Board Members expressed concern of losing three feet of driveway and closeness of the placement of the carport to neighbors property line. Chair Potts closed the Public Hearing. Board Action A motion was made by Board Member Blair, to deny the variance for the use of gravel as a parking surface. Motion failed for lack of second. Staff recommended that the motion be one vote for the entirety and not to split the votes into two. A motion was made by Vice Chair Betler, and seconded by Board Member Gonzalez, to Deny the request for variances to Section 3.2.A.3 and 7.3.C.3 of the Zoning Ordinance, property located at 412 Foxwood Lane. ZBA 2020-03. A vote was taken and carried 4 — 1, with Board Member Blair voting in opposition. WORK SESSION 1. Hold a work session to review proposed updated Board Rules and Procedures. Minutes February 17,2020 Zoning Board of Adjustment Page 3 Staff Comments Mr. Haskins reviewed the proposed rules and procedures for the Zoning Board of Adjustment, that is similar to the Planning and Zoning Commission. However, the Zoning Board of Adjustment is regulated by the State. Staff is requesting direction on the rules and procedures, which will be taken to Council for approval and brought back to the Zoning Board of Adjustment for adoption. Board Discussion The Board was in agreement to leave the start time for meetings at 6:30PM and directed staff to take the document to Council for consideration. ADJOURNMENT A motion was made by Board Member Blair and seconded by Board Member Norris, to adjourn the meeting. A vote was taken and carried 5 —0. i son Potts, Chair ATTEST: Tina Link, Deputy Secretary - Minutes February 17,2020 Zoning Board of Adjustment Page 4