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Zoning Board of Adjustments Special Meeting

Special Meeting

Wylie, TX · March 22, 2021

AgendaPacketMinutes

Minutes

Zoning Board of Adjustment CITY OF WYLIE Minutes Special Called Meeting March 22, 2021— 6: 30 p.m. Wylie Municipal Complex — Council Chambers 300 Country Club Road, Bldg. 100 Wylie, TX 75098 CALL TO ORDER Announce the presence ofa Quorum. Chair Byron Betler called the meeting to order at 6: 30PM. and announced a quorum was present. Board Members in attendance; Chair Betler, Vice Chair Robert Blair, Board Member Shaun Chronister, Board Member Richard Covington, and Board Member Andrew Wight. Board Member Lance Kiser was in the audience, 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 ofthese items. Ifdiscussion is desired, that item will be removedfrom the Consent Agenda and will be considered separately. A. Consider and act upon approval of the Minutes for the January 18, 2021 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 — O. REGULAR AGENDA Public Hearing Hold a Public Hearing to consider and act upon a request by Fidelmar Miralrio for a variance to Section 2. 5. C.2. C( 4) of the Zoning Ordinance to allow for a reduction in the required side setbacks for an accessory structure from 15' to 3' at 600 Gateway Bend. ZBA 2021- 03. Minutes March 22, 2021 Zoning Board of Adjustment Page 1 Staff Comments Mr. Molina addressed the Board Members stating that the property is located at 600 Gateway Bend. The applicant is requesting a variapce to the side setbacks for an accessory structure that was started without a permit. The applicant is replacing an old accessory structure with a 16 feet x 22 feet structure. In review of the variance case, Staff discovered a five feet utility easement is on the property. Staff is recommending the side setback be five feet, which will keep the structure outside of the utility easement. The applicant is in agreement. Staff is recommending if variance is approved, to amend the setbacks from 3 feet to 5 feet. The property is located on a corner lot, however is not adjacent to a neighboring home and is not placed in an area blocking vehicular visibility. Public comment forms were mailed to eighteen property owners. Two comment forms were received in favor and no comment forms were received in opposition of the request. Public Comments Chair Betler opened the public hearing asking anyone present wishing to address Board Members to come forward. With no one coming forward, Chair Betler closed the public hearing. Board Action A motion was made by Board Member Chronister, and seconded by Board Member Wight, to grant the variance to Section 2.5. C. 2. C( 4) of the Zoning Ordinance to allow for a reduction in the required side setbacks for an accessory structure from 15' to 5' at 600 Gateway Bend. ZBA 2021- 03. A vote was taken and carried 5 - O. 2. Hold a Public Hearing to consider and act upon a request by Cary Albert for a variance to Sections 4. 3. E. 1( a), "' 4. 3. E. 4( a) and Figure 5- 3 of the Zoning Ordinance to allow for a reduction in the required landscaping and parking for a new development located at 2588 W FM 544 ZBA 20/ 1- 04. Staff Comments Mr. Molina approached the Board Members stating that the property is located at 2588 W FM 544 and is currently zoned Planned Development Ordinance 2003- 01. The applicant is requesting three variances due to the Texas Department of Transportation acquiring an approximate 13 feet width of the street frontage for the widening of FM 544. The variance to Section 4. 3. E. 1( a) will allow for a minimum width of 1. 5 feet with a maximum width of 11. 09 feet in lieu of the required 10 feet landscaped street buffer. The variance to Section 4.3. E.4( a) will allow for a 15 percent in lieu of the required 20 percent landscape area. Minutes March 22, 2021 Zoning Board of Adjustment Page 2 The variance to Figure 5- 3 of the Zoning Ordinance will allow 35 parking spaces in lieu of the 37 required parking spaces. The Woodbridge Centre shopping center has a reciprocal easement agreement that allows for the entire site to provide shared parking. Public Comment forms were mailed to nine property owners. One comment form was received in favor and one comment form was received in opposition of the request. Public Comments Chair Betlerr opened the public hearing asking anyone present wishing to address Board Members to come forward. Mr. Cary Albert, 5622 Harbor Town, Dallas, applicant, stated that the Texas Department of Transportation acquired the property prior to development of the Woodbridge Centre shopping center, and was in place prior to him purchasing the land. Drive access will be from adjacent properties on either side, allowing for traffic flow. The shared parking agreement allows parking within the entire shopping center. Chair Better closed the Public Hearing. Board Action A motion was made by Board Member Wight, and seconded by Board Member Covington to grant the variances to Sections 4. 3. E. 1( a), 4. 3. E.4( a) and Figure 5- 3 of the Zoning Ordinance to allow for a reduction in the required landscaping and parking for a new development located at 2588 W FM 544. ZBA 2021- 04. A vote was taken and carried 5 — 0. ADJOURNMENT A motion was made by Chair Better and seconded by Vice Chair Blair, to adjourn the meeting at 6: 40PM. A vote was taken and carried 5 — 0. Byro,M Better, Chair ATTEST: Minutes March 22, 2021 Zoning Board of Adjustment Page 3

Agenda

Wylie Zoning Board of Adjustment Special Called Meeting March 22, 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 Board of Adjustment 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 18, 2021 Meeting. REGULAR AGENDA 1. Hold a Public Hearing to consider and act upon a request by Fidelmar Miralrio for a variance to Section 2.5.C.2.C(4) of the Zoning Ordinance to allow for a reduction in the required side setbacks for an accessory structure from 15’ to 3’ at 600 Gateway Bend. ZBA 2021-03 2. Hold a Public Hearing to consider and act upon a request by Cary Albert for a variance to Sections 4.3.E.1(a), 4.3.E.4(a) and Figure 5-3 of the Zoning Ordinance to allow for a reduction in the required landscaping and parking for a new development located at 2588 W FM 544. ZBA 2021-04 WORK SESSION RECONVENE INTO REGULAR SESSION EXECUTIVE SESSION 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 March 19, 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.

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