09-20-2021 (Zoning Board of Adjustment) Agenda Packet Wylie Zoning Board of Adjustments Regular Meeting
September 20,2021 —6:30 PM
Council Chambers-300 Country Club Road,Building#100,Wylie, Texas 75098 CITY
CALL TO ORDER
COMMENTS ON NON-AGENDA ITEMS
Any member of the public may address 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.Board requests that comments be limited to three minutes for an individual,
six minutes for a group.In addition,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 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,Minutes from the August 16,2021 Regular Zoning Board of Adjustment Meeting.
REGULAR AGENDA
1. Hold a Public Hearing to consider and act upon a request by Alvin Harrison for a variance to Section 5-2 of
the Zoning Ordinance to allow for 32 parking spaces in lieu of 40 parking spaces for a day care facility.
Property located at 7940 E Parker Road. ZBA 2021-14
ADJOURNMENT
CERTIFICATION
I certify that this Notice of Meeting was posted on September 17,2021 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 Board 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 Board at the date,hour and place given in this
Page 11
1
notice as the Board 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.
Page 12
2
09/20/2021 Item A.
Zoning Board of Adjustment
CITY OF
AGENDA REPORT
Meeting Date: September 20, 2021 Item: A
Department: Planning
Prepared By: Mary Bradley Subdivision:
Date Prepared: September 13, 2021 Zoning District:
Exhibits: Minutes
Subject
Consider, and act upon,Minutes from the August 16,2021 Regular Zoning Board of Adjustment Meeting.
Recommendation
Motion to approve Item A as presented.
Discussion
The minutes of the August 16, 2021 ZBA regular meeting are attached for your consideration.
Approved By
Initial Date
Department Director JH September 13, 2021
Page 1 of 1 3
09/20/2021 Item A.
Zoning Board of Adjustment
CITY OF
Minutes
Regular Meeting
August 16,2021 —6:30 p.m.
Wylie Municipal Complex—Council Chambers
300 Country Club Road,Bldg. 100
Wylie,TX 75098
CALL TO ORDER
Chair Byron Betler called the meeting to order at 6:30PM. and announced a quorum was present.
Board Members in attendance; Chair Betler, Board Member Richard Covington, Board Member Andrew
Wight, Board Member Aaron Lovelace and Board Member Zewge Kagnew. Alternate Board Member
Richard Miller was present but did not participate.
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
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 July 19, 2021 Meeting.
Board Action
A motion was made by Chair Betler, and seconded by Board Member Covington, to approve the
minutes as submitted. A vote was taken and carried 5—0.
REGULAR AGENDA
Public Hearing
1. Hold a Public Hearing to consider and act upon a request by David Ordanez for a
variance to Figure 4-5, Figure 4-7 and Section 4.3.D.4 of the Zoning Ordinance to allow for
service and loading areas to face a public street. Property located at 1602 Martinez Lane.
ZBA 2021-12.
Staff Comments
Minutes August 16,2021
Zoning Board of Adjustment
Page 1
4
09/20/2021 Item A.
Mr. Molina addressed the Board Members and stated that the property located at 1602 Martinez Lane is
currently zoned Light Industrial.
The applicant is proposing to develop an office warehouse building for a self-owned HVAC repair
company. The applicant is requesting a variance to allow service and loading areas to face a public street.
The structure will have four garage doors that will face Martinez Lane.
The applicant has stated that there is a hardship due to the property being on a rectangular lot. The
rectangular shape of the lot makes the building's orientation with garage doors facing Martinez Lane the
most feasible option for the development of the site.
Public Comment forms were mailed to thirteen property owners.No comment forms were returned in favor
or in opposition of the request.
Public Comments
Chair Betler opened the public hearing for Item 1 at 6:40PM asking anyone present wishing to address
Board Members to come forward.
The applicant,Mr.David Ordanez,Jr.addressed the Board Members stating the site will provide 12 parking
spaces for employee parking only and will have one access. Board Members questioned if the site will be
gated or have a barrier. Mr. Ordanez stated that he was in agreement of providing a privacy fence. The
Board Members discussed the type of fence,and recommended a fence made of wrought iron,masonry, or
wood but not less than six feet in height facing Martinez. Mr. Ordanez was in agreement.
Chair Betler closed the public hearing for Item 1 at 6:42PM.
Board Action
A motion was made by Vice Chair Wight,and seconded by Board Member Lovelace,to grant the variance
with stipulations of a fence made of wrought iron, masonry, or wood but not less than six feet in height
facing Martinez, to allow for service and loading areas to face a public street. Property located at 1602
Martinez Lane. ZBA 2021-12. A vote was taken and carried 5 -0.
2. Hold a Public Hearing to consider and act upon a request by Paul Louk for a variance to
Section 11.3.1.2 and 11.3.1.4 of Planned Development 2021-08 to allow for reduced rear and
side setbacks for an addition to a single-family home.Property located at 1415 Eugene Drive.
ZBA 2021-13.
Staff Comments
Mr. Molina approached the Board Members stating that the property is located at 1415 Eugene Drive and
is zoned Creekside Estates Planned Development Ordinance 2021-08.
The application is requesting a variance to allow for rear setbacks of 7 feet in lieu or 25 feet and side
setbacks of 5 feet in lieu of 6 feet for a 780 square feet addition to a single family residence.
The applicant has stated that the variance is needed to allow for the proposed home addition to
accommodate space for residents and guests.
Public Comment forms were mailed to twenty-five property owners.No comment forms were returned in
favor or in opposition of the request.
Minutes August 16,2021
Zoning Board of Adjustment
Page 2
5
09/20/2021 Item A.
Public Comments
Chair Betlerr opened the public hearing for Item 2 at 6:50PM asking anyone present wishing to address
Board Members to come forward.
The applicant, Mr. Paul Louk addressed the Board Members stating that the height of the addition is in
compliance with the Zoning Ordinance of fourteen feet and the property is on a corner lot.
Chair Betler closed the Public Hearing for Item 2 at 6:52PM.
Board Action
A motion was made by Board Member Lovelace,and seconded by Vice Chair Wight to grant the variances
to allow for reduced rear and side setbacks for an addition to a single-family residential home. Property
located at 1415 Eugene Drive. ZBA 2021-13. A vote was taken and carried 5—0.
Ms. Bradley stated that there will be a meeting on September 20,2021.
ADJOURNMENT
A motion was made by Chair Belter and seconded by Board Member Covington,to adjourn the meeting at
7:00PM. A vote was taken and carried 5—0.
Byron Betler, Chair
ATTEST:
Mary Bradley
Minutes August 16,2021
Zoning Board of Adjustment
Page 3
6
09/20/2021 Item 1.
Wylie Zoning Board of
i TY OF Adjustment
I
AGENDA REPORT
Meeting Date: September 20,2021 Item Number: 1
Department: Planning Case Number: 2021-14
Prepared By: Kevin Molina Project Location: 7940 E Parker Rd
Date Prepared: September 09,2021 Subdivision Name: Stone 2514 Addition
Locator Map, Site Plan, Floor
Exhibits: Plan,Notification Map
Subject
Hold a Public Hearing to consider and act upon a request by Alvin Harrison for a variance to Section 5-2 of the Zoning
Ordinance to allow for 32 parking spaces in lieu of 40 parking spaces for a day care facility. Property located at 7940 E
Parker Rd. ZBA 2021-14
Discussion
Applicant: Thomas Vilbig Owner: Alvin Harrison
The subject property is located at 7940 E Parker Rd and is currently zoned Commercial Corridor.
The applicant is requesting a variance to allow for reduced parking for a day care facility by providing 32 parking spaces
in lieu of 40 parking spaces. The Zoning Ordinance has a parking requirement of 4 spaces per classroom. The variance is
being requested for the potential of up to 10 classrooms being allowed.
The applicant and staff believe the variance request has merit for the following reasons:
- A covered area shall be provided to alleviate parking normally required for drop-offs and pick-ups. The parking
required by the zoning ordinance does not account for a drive-thru area.
- Staff conducted an informal survey of local day-cares and found that there was unutilized parking, even at peak
times.
- Other cities' requirements are less strict than Wylie; Dallas would require 18 spaces, Plano would require 31, and
Garland would require 34, for the same building.
If this variance were to be approved a full site plan review and approval will be required by the Planning and Zoning
Commission.
Public comment forms were mailed to ten (10) property owners within 200 feet of this request, as required by State Law.
At the time of posting no comment forms were returned in favor or 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
(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
Page 1 of 2
7
09/20/2021 Item 1.
ZBOA 2021-14
(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 September 13,2021
8
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