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ruary 9
Regular Meeting
Wylie Zoning Board of Adjustment Regular Meeting � �
February 15, 2021 -6:30 PM
Council Chambers -300 Country Club Road, Building#100,Wylie, Texas 75098
CALL TO ORDER
COMMENTS ON NON-AGENDA ITEMS
Any member of the public may address the Board regarding an item that is not listed on the Agenda.Members of the
public must fill out a form prior to the meeting in order to speak. The Board requests that comments be limited to
three minutes for an individual, six minutes for a group.In addition, the Board is not allowed to converse, deliberate
or take action on any matter presented during citizen participation.
CONSENT AGENDA
All matters listed under the Consent Agenda are considered to be routine by the Zoning Bard of Adjustment and
will be enacted by one motion. There will not be separate discussion of these items.If d's on is desired, that item
will be removed from the Consent Agenda and will be considered separately. n%
A. Consider and act upon approval of the Minutes for the January 1 Meeting.
REGULAR AGENDA ��'
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1. Hold a Public Hearing to consider and act upon a re�y Fidelmar Miralrio for a variance to
Section 2.5.C.2.C(4) of the Zoning Ordinance low for a reduction in the required side
setbacks for an accessory structure from 15'tp 600 Gateway Bend. ZBA 2021-03
2. Hold a Public Hearing to consider and ac, .on a request by Cary Albert for a variance to
Sections 4.3.E.1(a), 4.3.E.4(a) and F._0�1 •
-3 of the Zoning Ordinance to allow for a reduction in
the required landscaping and parkirlg_>• a new development located at 2588 W FM 544.
ZBA 2021-04
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WORK SESSION v
RECONVENE INTO R e AR SESSION
i
EXECUTIVE SE _:1
RECONVENE INTO OPEN SESSION
Take any action as a result from Executive Session.
ADJOURNMENT
CERTIFICATION
I certify that this Notice of Meeting was posted on February 12, 2021 at 5:00 p.m. on the outside bulletin
board at Wylie City Hall, 300 Country Club Road, Building 100, Wylie, Texas, a place convenient and
readily accessible to the public at all times.
Stephanie Storm, City Secretary Date Notice Removed
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.
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 Board 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 sanctions and purposes:
Texas Government Code Section:
§ 551.071 —Private consultation with an attorney for the City.
QJC
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CP.
A ' Zoning Board of Adjustment
11
Minutes
Regular Meeting
January 18, 2021 — 6:30 p.m.
Wylie Municipal Complex— Council Chambers
300 Country Club Road, Bldg. 100
Wylie, TX 75098
CALL TO ORDER �(�QJS
Announce the presence of a Quorum. nn��
Jasen Haskins, Planning Manager called the meeting to ord' 's 6:30PM. and announced a
quorum was present. Due to lack of Chair a motion was re es for Interim Chair. A motion
was made by Board Member Andrew Wight, seconded by .;; rd Member Richard Covington to
nominate Board Member Shaun Chronister as Interinair. A vote was taken and carried
unanimously. ,.\QJ
Board Members in attendance; Chair Shaun Nnister, Board Member Lance Kiser, Board
Member Richard Covington, and Board Meier Andrew Wight. Board Members absent: Board
Member Byron Betler, and Board Memb ert Blair.
0
Staff present were Mr. Jasen Haskianning Manager, Mr. Kevin Molina, Senior Planner and
Ms. Mary Bradley, Administraf . iN
sistant II.
CITIZENS COMMENTSOJN-AGENDA ITEMS
t ,
No one approached S•ard Members.
i ‘
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 16, 2020 Meeting.
Board Action
A motion was made by Board Member Wight, and seconded by Board Member Covington, to
approve the minutes as submitted. A vote was taken and carried 4 —0.
REGULAR AGENDA
Minutes January 18,2021
Zoning Board of Adjustment
Page 1
Public Hearing
1. Hold a Public Hearing to consider and act upon a request by Tulsi Grocers for a
variance to Section 5.F.14 of the Zoning Ordinance to allow for a reduction in the
required parking for a Grocery Store located at 2811 W. FM 544. ZBA 2021-01.
Staff Comments
Mr. Molina addressed the Board Members stating that the property is located at 2811 W FM 544
and is currently zoned Commercial Corridor. The applicant is requesting a variance to the
parking requirements.
In 2017 the Planning and Zoning approved a site plan for the property, as the intention was to
develop Office and General Merchandise, with 16 parking spaces. The appcant is desiring to
open a ethnic grocery store, and requesting a reduction in required p. • 'ti spaces of 20 to 16
parking spaces. The parking requirements for a grocery store is one pa ; 1 space per 300 square
feet. Qj
The applicant has submitted a revised floor plan that show total occupancy area of 5,462
441,
square feet with 4,064 square feet of sales space and 1,398e are feet of area for office, storage
and preparation of food items.
Xci
Public comment forms were mailed to 12 prope 'ners. Four comment forms were received,
three were in opposition and one in favor of the rr, est.�
Public Comments %06
Chair Chronister opened the publicaring asking anyone present wishing to address Board
Members to come forward. C•b'
Board Member Wight •u�s�k�ied the applicant regarding a comment form returned from the
adjacent property owner- A+ressing concern of joint access. Mr. Kevin Patel, 1503 Astoria Drive,
Allen, approached ,IVsard Members, representing the applicant for the request, stating that the
property owners both sides were approached and assured of no joint access due to
landscaping blocking the access. The grocery store will have four employees, with two working
in the morning and two working in the evening.
Chair Chronister closed the public hearing.
Board Discussion
Board Member Wight stated that the proposed grocery store is small and is similar to the Aldi
Grocery Market down the street, and the requested parking spaces seems adequate.
Board Action
Minutes January 18,2021
Zoning Board of Adjustment
Page 2
A motion was made by Board Member Wight, and seconded by Board Member Covington, to
grant the variance to Section 5.F.14 of the Zoning Ordinance to allow for a reduction in the
required parking for a Grocery Store and approve the revised Site Plan and Floor Plan. Property
located at 2811 W. FM 544. ZBA 2021-01. A vote was taken and carried 4 - 0.
2. Hold a Public Hearing to consider and act upon a request by the City of Wylie for a
variance to Section 7.9.B.3.b of the Zoning Ordinance to allow for an exemption to
the noise sound level standards for the use of an emergency generator. Property
located 3200 McMillan Road. ZBA 2021-02.
Staff Comments
Mr. Molina approached the Board Members stating that the property is locatekat 3200 McMillan
Road and is currently zoned Planned Development Ordinance 1999-32.%applicant is City of
Wylie, and the use is a Fire Station.
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The City of Wylie is requesting a variance to the maximum peesible sound pressure levels
allowed when adjacent to a residential area. An emergency u ►' ator is proposed to be installed
and only to be used during testing or power outage scenario
A hardship may exist as the generator will be seld• used and can be of great benefit to the
life and safety of the citizens of Wylie.
Public Comment forms were mailed to 14 pb,erty owners. No comment forms were received in
favor or in opposition of the request. %C
Public Comments
Chair Chronister opened the glic hearing asking anyone present wishing to address Board
Members to come forward,
Fire Chief BrandoIy he approached the Board Members, stating that the Zoning Ordinance
does not mention lic safety equipment or structures, just exempts public safety vehicles
during times of emergency. The emergency generator will be tested on Monday morning at
10:00AM and the duration of the test is approximately one hour, in addition to any emergency
power outage scenarios.
Chair Chronister closed the Public Hearing.
Board Action
A motion was made by Board Member Covington, and seconded by Board Member Wight to
grant the variance to Section 7.9.B.3.b of the Zoning Ordinance to allow for an exemption to the
noise sound level standards for the use of an emergency generator. A vote was taken and carried
4 -0.
Minutes January 18,2021
Zoning Board of Adjustment
Page 3
ADJOURNMENT
A motion was made by Board Member Covington and seconded by Board Member Kiser, to
adjourn the meeting at 6:54PM. A vote was taken and carried 4 —0.
Shaun Chronister, Chair
ATTEST:
Mary Bradley Qj
044
Minutes January 18,2021
Zoning Board of Adjustment
Page 4
Wylie Zoning Board of
II y r )1 Adjustment
o EE
AGENDA REPORT
Meeting Date: February 15, 2021 Item Number: 1
Department: Planning Case Number: 2021-03
Prepared By: Kevin Molina Project Location: 600 Gateway Bend
Date Prepared: February 09, 2021 Subdivision Name: Westgate Phase 1
Loiator Map, Site Plans,
Exhibits: ication Map, Comments
Subject i(b'
Hold a Public Hearing to consider and act upon a request by Fidel.i .4 `a iralrio for a variance to Section
2.5.C.2.C(4) of the Zoning Ordinance to allow for a reduction in thAv.uired side setbacks for an accessory
structure from 15' to 3' at 600 Gateway Bend. ZBA 2021-03 4b'C\
Discussion Qj`
Applicant: Fidelmar Miralrio CP Owner: Fidelmar Miralrio
The subject property is located at 600 Gateway Bend anylcurrently zoned SF 10/24.
The property owner is requesting for a side setb c,.��i uction in lieu of the required 15' requirement in order to
be allowed to finish a build on a new accessory�cture that measures 16' X 22'.
Work on the new structure was started witctit a city permit. A permit cannot be granted without the proper
variances and or compliance with the Ordinance.
In review of the variance case, staff{ scovered that a 5' utility easement is located on the property. Should the
side setback variance request b ed, staff's recommendation is for it to be limited to a max 5'. The 5'
distance would keep the ste- ttire outside of the utility easement. The applicant is aware of staff's
recommendation and has b e structure at a distance of 5'.
A unique circumstance may be apparent as the property is located on a corner lot. The intent of the 15' side
setback requirement, for accessory structures on the side of the main structure, is to avoid having structures
adjacent to, and directly between, neighboring homes. The proposed accessory structure will not be located
adjacent to a neighboring home and is placed outside of the visibility triangle for vehicular visibility.
The accessory structure meets all other requirements of the zoning ordinance, including height and overall size.
Public comment forms were mailed to eight-teen (18) property owners within 200 feet of this request, as
required by State Law. At the time of posting two comments were returned in favor and none in opposition of
the request.
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
Page 1 of 2
Page 2 of 2
ZBOA 2021-03
(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.
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 pro.,-v cannot be reasonably
developed or used in compliance with the provisions of the developmen ..i e;
(3) That due to such unique physical circumstances or conditions, the s ia(pplication 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 p�ed development or use of adjacent
property or neighborhood;
(6) That the variance, if granted will not change the ch r of the zoning district in which the property is
located;
(7) That the variance, if granted is in keeping wittl'ie intent of the development code; and
(8) That the variance, if granted, will not adNkke1y affect the health, safety or welfare of the citizens of
Wylie. N.)Q�
Approved By C
v Initial Date
Department Director February 11, 2021
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