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11-16-2020 (Zoning Board of Adjustment) Agenda Packet Zoningof Ad • us men 4 oF 147k r _ r - [fir "it -''s-.'/'..'.' ,,. -..-...1.1i ,.it.i(4;,. t Via, p"A.'44..4,.4.\0.4\-\.\.Tj...ryi t."g..o.t1i N'.„4,N,' /° ..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 ' November 1 6, _ 2020 Regular Meeting Zoning Board of Adjustment CITY OF NOTICE OF MEETING Regular Meeting Agenda November 16, 2020 — 6:30 pm Wylie Municipal Complex - Council Chambers 300 Country Club Road, Building #100 Wylie, TX 75098 Byron Better Chair Robert Blair Vice Chair Andrew Wight Board Member Shaun Chronister Board Member Richard Covington Board Member Lance Kiser 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: wwwwylietexas.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 October 19, 2020 Meeting. November 16,2020 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 Jerry & Sue Williams for a variance to Section 3.2.B of the Zoning Ordinance to allow for a rear setback of 10' in lieu of a 25' rear setback for the placement of an attached carport. ZBA 2020-18. ADJOURNMENT CERTIFICATION I certify that this Notice of Meeting was posted on November 13, 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 This page is intentionally blank Zoning Board of Adjustment CITY OF Minutes Regular Meeting October 19, 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 Byron Betler called the meeting to order at 6:30pm and announced the presence of a quorum. Board Members in attendance; Chair Byron Betler, Vice Chair Robert Blair, Board Member Richard Covington, Board Member Shaun Chronister, and Board Member Andrew Wight. Board Members absent: Board Member Lance Kiser. Staff present were Mr. Jasen Haskins, Planning Manager, Mr. Kevin Molina, Senior Planner and Ms. Mary Bradley, Administrative Assistant II. 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 approached the Board Members. 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 September 21, 2020 Meeting. Board Action A motion was made by Board Member Wight, and seconded by Vice Chair Blair, to approve the minutes as submitted. A vote was taken and carried 5 —0. Minutes October 19,2020 Zoning Board of Adjustment Page 1 REGULAR AGENDA Public Hearing 1. Hold a Public Hearing to consider and act upon a request by Blake Herpeche for a variance to Section 2.5.C.2.b of the Zoning Ordinance to allow for an increase of the total lot coverage for an accessory structure and carport from 5% to 5.3%. Property located at 307 W Jackson Ave. ZBA 2020-16 Staff Comments Mr. Molina stated that the subject property is located at 307 W Jackson.Avenue and is currently zoned in the Downtown Historic District. The applicant is proposing to construct an outside covered living space and carport that measures 936 square feet. The applicant is requesting a variance of 0.3% to allow for an increase in the total square footage of an accessory structure from 5% to 5.3% of the lot size. The property was recently replatted from two lots into one lot. It was then discovered that the site was 1,081 square feet smaller than what the Collin County records state. The discrepancy may be due to the widening of Brown Street. This discrepancy left the designed accessory structure 53 square feet larger(or 0.3%) than required by the Zoning Ordinance. Public comment forms were mailed to 16 property owners. One comment form was received in favor and no request was received in opposition of the request. Board Discussion Board Members asked for clarification of the outdoor living area. Staff responded that the outdoor living area/carport is all in the open and will not be enclosed. Public Comments Chair Betler opened the Public Hearing. No one spoke during the Public Hearing. Chair Betler closed the Public Hearing. Board Discussion Board Members had no questions for the applicant. Staff stated that if the variance is approved, to include notation variance approved pending filing of the plat with Collin County. Minutes October 19,2020 Zoning Board of Adjustment Page 2 Board Action A motion was made by Board Member Wight, and seconded by Vice Chair Blair to grant the variance to Section 2.5.C.2.b of the Zoning Ordinance to allow for an increase of the total lot coverage for an accessory structure and carport from 5% to 5.3% pending filing of the plat with Collin County Tax Appraisal District. The property is located 307 W Jackson Avenue. A vote was taken and carried 5 — 0. 2. Hold a Public Hearing to consider and act upon a request by Wylie Independent School District for a variance to Section 3.1.A.3 of the Zoning Ordinance to allow for a reduced setback from 50' to 45' for the allowance of the expansion of Davis Intermediate School. Property located at 950 Park Blvd. ZBA 2020-17 Staff Comments Mr. Molina stated that the property is located at 950 Park Boulevard and is currently zoned in the Agricultural District (AG/30) and the use is allowed by right. The applicant is requesting a variance to the front yard setback due to expansion to the existing structure. The Zoning Ordinance requires a 50 feet front yard setback and the applicant is requesting a 45 feet front yard setback. Mr. Molina stated that a school is allowed in any zoning district and if the school was in any other district but agricultural, the setback requirement would be 25', or less than the requested 45'. It was also stated that Wylie East High School has a similar variance due to a similar situation with the zoning. Public comment forms were mailed to 45 property owners. No comment forms were received in favor or in opposition of the request. Public Comments Chair Betler opened the Public Hearing. No one spoke during the Public Hearing. Chair Betler closed the Public Hearing. Board Action A motion was made by Vice Chair Blair and seconded by Board Member Wight to grant a variance to Section 3.1.A.3 of the Zoning Ordinance to allow for a reduced setback from 50 feet to 45 feet for the allowance to the expansion of Davis Intermediate School. Property located at 950 Park Boulevard. A vote was taken and carried 5 —0. Minutes October 19, 2020 Zoning Board of Adjustment Page 3 ADJOURNMENT A motion was made by Board Member Covington and seconded by Vice Chair Blair, to adjourn the meeting at 6:42PM. A vote was taken and carried 5 —O. Byron Betler, Chair ATTEST: Mary Bradley Minutes October 19,2020 Zoning Board of Adjustment Page 4 Wylie Zoning Board of cif.. OF Adjustment LI AGENDA REPORT Meeting Date: November 16, 2020 Item Number: 1. Department: Planning Case Number: 2020-18 Prepared By: Kevin Molina Project Location: 400 Graham Lane Date Prepared: November 10, 2020 Subdivision Name: Pointe North Addition Phase li Locator Map,Plan, Exhibits: Notification Map, Comments Subject Hold a Public Hearing to consider and act upon a request by Jerry & Sue Williams for a variance to Section 3.2.B of the Zoning Ordinance to allow for a rear setback of 10' in lieu of a 25' rear setback for the placement of an attached carport. ZBA 2020-18 Discussion .......... .... Applicant: Jerry and Sue Williams Owner: Sue Williams The subject property is located at 400 Graham Lane and is currently zoned Single Family 10/24. The applicant is seeking a variance to allow for a 10' rear setback in lieu of a 25' rear setback for the placement of an attached carport that measures 20' X 24'. The Board has approved several similar cases over the last few years. As a result Staff has created a draft Zoning Ordinance amendment that would allow this request "by-right". However, the Planning and Zoning Commission recommended approval of the Zoning Ordinance Amendment on November 10 and City Council will not hear the case until December 12 with final adoption in January. The applicant is asking for this variance due to the additional time it would take awaiting City Council consideration. Public comment fauns were mailed to twenty-six (26) property owners within 200 feet of this request, as required by State Law. At the time of posting three comment forms were returned in favor and none 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 2020-18 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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ROOFING DETAIL u C3/37 I * CCU 3 3 1 `'A~= COLUMN/FOOTING DETAIL ,r<a•iiP.P37 Mi J9 M +i 1074l4 d 4 IQ 72 METRE: SPECWEREIN DEEMS SCREE RES. 1 400 GRAHAM LN � DATE I WYLIE,TX 75098 I PACE A 4 i t 'E Of WORK: KW RETACKD METAL CARPORTS Notification Map , , ; , , , ! x 407 4 .10$0.111111.1.1..,.,. .......A.......,,, 10. ..°."O. •* .4' .✓ ' . '� 40 44 sok I `4 . CI , t } 403 ! ._eu 4r 1 1 1 z 1 1 . 40 i > 1 1 � . I REGRET . , 1 i ____ o 'l 6 1 n t f �.,. i 43 10 4' µ 3 a ♦ O BIRMIN( 1AM " ELEMENTY . .,' + SCHOOL %..� w KATHYKAT HY . ,'w '.4 ..... .d.I _. �•—i,,—.—....—.—a—.—. .- y N A ' 33 509 Sri aid f ZBA 2020-16 `�� i I i 200 Foot Notifcation Buffer ����������� Subject Property frv , ! t " ` 1 �L—. ._.J � ' _,�`tom79 es its I OF I .r" f" ��n, N 0 30 60 120 180 240 Feet WY k y 1 � , I 1 I I I I I 1 I I I I PUBLIC COMMENT FORM (Please type or use black ink) Planning Department 300 Country Club Road Building 100 Wylie,Texas 75098 \/ 1 am FOR the requested variance as explained on the attached public notice for ZBA Case#2020-18. P I am AGAINST the requested variance as explained on the attached public notice for ZBA Case#2020-18. Date,Location&Time of Planning&Zoning Commission meeting: Monday, November 16,2020,6:30 pm Municipal Complex,300 Country Club Road,Building 100,Wylie,Texas Name: 1L CoJ '/AIS g/ 1 I" t i•ir.-j TO- he (please print) Address: d ` - G RA 1-1`764.M1 j At•.1 g3 WY4..rc "1-3( -75-7)91�3 Signature: % --- Date: / ] -* 3 " COMMENTS: ,z LL L CI k.b,t .z, . dm to` to Q € L . 7 PUBLIC COMMENT FORM (Please type or use black ink) Planning Department 300 Country Club Road Building 100 Wylie,Texas 75098 7 I am FOR the requested variance as explained on the attached public notice for ZBA Case#2020-18. I am AGAINST the requested variance as explained on the attached public notice for ZBA Case#2020-18. Date,Location&Time of Planning&Zoning Commission meeting: Monday,November 16,2020,6:30 pm Municipal Complex,300 Country Club Road, Building 100,Wylie,Texas Name: 0_,M ro "p 8; I i 1\1 ,j ( lease print) l''� Q Address: ctJ ; r q/'`)ary I r, \ Aj1'ie, T Signature: e - {„� tAfC.C:C6'h.._./' Date: COMMENTS: • PUBLIC COMMENT FORM (Please type or use black ink) Planning Department 300 Country Club Road Building 100 Wylie,Texas 75098 VI am FOR the requested variance as explained on the attached public notice for ZBA Case#2020-18. I am AGAINST the requested variance as explained on the attached public notice for ZBA Case#2020-18. Date,Location&Time of Planning&Zoning Commission meeting: Monday,November 16,2020,6:30 pm Municipal Complex, 300 Country Club Road, Building 100,Wylie,Texas Name: CH A'R1,:.E'S. N t CIA Q LrL O A3 (please print) Address: 409 KY 1„t E L.Aoe W VLICi Tx "7sogg Signature: ga„...... yit:_,H,46..... Date: /D -v 1 - Z..©w COMMENTS: