[Special Zoning Board of Adjustment on March 23, 2026.]
[00:00:09]
EVERYONE. AT THIS TIME, I'D LIKE TO CALL TO ORDER THE MARCH 23RD REGULAR MEETING FOR THE WILEY ZONING BOARD OF ADJUSTMENTS. ARE THERE ANY CITIZENS PRESENT WHO WOULD LIKE TO ADDRESS THE BOARD ON ANY NON AGENDA ITEMS THIS EVENING? SEEING THAT THERE ARE NONE, WE WILL MOVE ON TO OUR CONSENT AGENDA. WE HAVE ONE ITEM ON OUR CONSENT AGENDA THIS EVENING AND THAT IS TO CONSIDER AND ACT UPON APPROVAL OF THE MEETING MINUTES FROM THE FEBRUARY 16TH, 2026 ZONING BOARD OF ADJUSTMENTS MEETING. AND I WILL ENTERTAIN A MOTION ON THIS CONSENT AGENDA ITEM. MR. CHAIR. YES. FOR A MOTION TO PROCEED WITH THE THE ONE ITEM IN THE AGENDA. IS FOR THE CONSENT AGENDA APPROVING THE MEETING MINUTES FROM LAST LAST MONTH. I MAKE A MOTION TO APPROVE THE MINUTES FROM THE FEBRUARY 16TH, 2026 ZBA MEETING. HAVE A MOTION.
DO WE HAVE A SECOND? I SECOND THAT. ALL RIGHT, WE HAVE A SECOND. WE CAN MOVE TO A VOTE.
ALL RIGHT. IN THAT PASSES 5 TO 0. ALL RIGHT. SO WE'LL MOVE ON TO OUR REGULAR AGENDA. AND WE HAVE ONE ITEM ON OUR REGULAR AGENDA TONIGHT. AND THAT IS TO HOLD A PUBLIC HEARING TO CONSIDER AND ACT UPON A REQUEST BY JARED YOUNG FOR A VARIANCE TO SECTION 5.1 AND SECTION 5.2 OF THE ZONING ORDINANCE TO ALLOW FOR REDUCED MINIMUM PARKING REQUIREMENTS FOR AN AUTO REPAIR SHOP PROPERTY LOCATED AT 1604 MARTINEZ LANE, Z. B A NUMBER 2026-01, MR. MOLINA, YES, GOOD EVENING. SO TODAY WE'RE HERE TO DISCUSS A REQUEST FOR A VARIANCE FOR THE PROPERTY LOCATED AT 1604 MARTINEZ LANE. THE APPLICANT IS REQUESTING FOR A REDUCTION IN THE MINIMUM PARKING REQUIREMENTS FOR AN AUTO REPAIR SHOP. SO TO GIVE YOU ALL SOME BACK HISTORY, THIS BUILDING WAS DEVELOPED IN JULY OF 2022, AND AT THE TIME, WE TOLD THE DEVELOPER THAT REALLY THE TYPE OF USES THIS DEVELOPMENT WOULD BE RESTRICTED TO ARE FOR OFFICE WAREHOUSE. AND THAT'S JUST DUE TO THE PARKING RATIO REQUIREMENTS OF THE ZONING ORDINANCE. SO CURRENTLY THE BUILDING IS IN CONFORMANCE. BUT WITH THIS VARIANCE THEY WOULD NEED THE OR WITH THIS REQUEST THEY WOULD NEED A VARIANCE THAT WOULD REDUCE THE PARKING FROM WHAT'S TYPICALLY REQUIRED OF 19 SPACES TO TEN SPACES. THE APPLICANT DID PROVIDE AN EXHIBIT, BUT WHEN STAFF REVIEWED THE EXHIBIT, WE IDENTIFIED PARKING LOCATIONS THAT WEREN'T GOING TO BE ABLE TO BE COUNTED TOWARDS THE REQUIRED PARKING. REASONS FOR THAT ARE BECAUSE IT'S ON THE RIGHT OF WAY, AND BECAUSE IT WOULD BE ALSO WITHIN A FIRE LANE EASEMENT. SO THAT REALLY LEAVES THEM WITH TEN PARKING SPACES IN THE BACK. AND THAT'S WHAT THE REPORT STATES AS WELL. IN STAFF'S OPINION, WE DON'T RECOMMEND THIS VARIANCE BE APPROVED JUST BECAUSE OF THE OVER 50% REDUCTION IN PARKING THAT THEY'RE ASKING FOR, AND JUST BECAUSE OF THE POSSIBLE IMPACTS THAT IT COULD HAVE TO THE ADJACENT PROPERTY OWNERS AND TO TRAFFIC FLOW, WE DID MAIL A NOTICES TO 14 PROPERTY OWNERS. AND AS OF TODAY, WE DID RECEIVE TWO THAT WERE IN OPPOSITION OF THE REQUEST. AND THOSE ARE LOCATED WHERE THE X'S ARE. AND THEN THE APPLICANT ALSO DID PROVIDE A LETTER OF INTENT WHICH IS IN YOUR PACKET AS WELL. WITH THAT I'LL BE HAPPY TO ANSWER ANY QUESTIONS. AND THE APPLICANT IS ALSO HERE TODAY. THANK YOU. DOES ANYONE HAVE ANY QUESTIONS FOR MR. MOLINA THIS EVENING? SO FOR
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BUILDING, THERE'S APPROXIMATELY 55 90 SQUARE FOOT REQUIRE ONE PARKING SPOT FOR EVERY 300 SQUARE FOOT. SO WHEN WE GET THE 19 HERE, WE ONLY HAVE ESSENTIALLY WE HAVE NINE REGULAR SPOTS AT THE BACK AND ONE ADA COMPLIANT SPOT. THAT'S IT. YES. THAT'S CORRECT. AND THEN YOU ALSO HAVE TO KEEP IN MIND WITH VEHICLE REPAIR, THERE'S OFTEN TIMES WHERE THERE'S LIKE A TRUCK THAT NEEDS TO CARRY CARS. THERE'S REALLY NO LOADING AREA BACK THERE AS WELL. AND MARTH ON MARTINEZ LANE, WHERE THERE ARE FOUR X'S, IS THAT WHERE THE APPLICANT HAD PROPOSED TO USE HIS PARKING SPOTS? YES. THAT'S CORRECT. OKAY. BUT YOU SAID THAT IT'S NOT PERMISSIBLE. REMIND US AGAIN FOR THE RECORD, WHY IT'S NOT PERMISSIBLE BECAUSE IT'S ON THE RIGHT OF WAY. SO YEAH, IT AFFECTS TRAFFIC FLOW. OKAY. WE KNOW THAT MARTINEZ ALREADY HAS A LOT OF 18 WHEELER TRAFFIC. SO THERE'S INDUSTRIAL BUSINESSES BACK THERE. IN FACT, ISN'T THERE ON MARTINEZ BEFORE YOU GET TO 78, A BIG 18 WHEEL LIKE DEPOT OR SOMETHING THERE. YES.TO THE NORTH OF THERE. YEAH. SO THERE'S TWO BUSINESSES. THERE'S A F HOLLAND. THE ONE YOU'RE TALKING ABOUT ACTUALLY MOVED TO GARLAND A WHILE BACK. SO THAT BUILDING'S NOW NO LONGER BEING USED FOR WHAT IT. BUT THE OTHER TWO LARGE BUILDINGS, THEY'RE SAVAGE PRECISION. AND THEN THE EXTRUDERS AND I CANNOT REMEMBER THE NAME OF THE EXTRUDER COMPANY, BUT BOTH OF THEM USE 18 WHEELERS, SO THERE'S STILL A DECENT AMOUNT OF TRAFFIC ON THAT ON THAT STREET. OKAY.
BETWEEN 78 AND ALLEN. KEVIN, I HAD A QUESTION ABOUT THE THE FIRE LANE IS BETWEEN THE BUILDINGS, CORRECT? YES. THAT'S CORRECT. SO THE OTHER SPACES THAT ARE MARKED, THE FOUR THAT ARE MARKED THERE WOULD BE IN THE FIRE LANE. CORRECT. AND YOU CAN EVEN SEE IT ON THE SURVEY THAT THE APPLICANT PROVIDED. IT'S CALLS IT OUT. IT'S HALF OF THE EASEMENT, RIGHT. BECAUSE IT'S A SPLIT MUTUAL ACCESS EASEMENT. SO RIGHT HERE IS WHERE IT'S LABELED AS AN ACCESS EASEMENT. YEAH. I HAVE A QUESTION. SO ACCORDING TO THE SQUARE FOOT, HOW MANY PARKINGS DOES THE BUILDING DESERVE? SO FOR THIS AUTO REPAIR USE THEY WOULD NEED 19 SPACES TO COMPLY WITH THE LAW TO COMPLY WITH THE ZONING. 19 HOW MANY AVAILABLE. HOW MANY IS PROPOSING. THERE'S ONLY THERE'S TEN AVAILABLE. KEVIN, LET ME ASK YOU ON THE REPORT GIVEN TO STAFF, PAGE SEVEN. THE SECOND BULLET, IT MENTIONS THAT THE VARIANCE, IF GRANTED, IS NOT KEEPING WITH THE INTENT OF THE DEVELOPMENT CODE DUE TO THE 53% REDUCTION. WHAT IS THE PERMISSIBLE LEVEL OF REDUCTION THAT WOULD HAVE MET THE DEVELOPMENT CODE REQUIREMENT? THAT IS, ULTIMATELY, YOU USUALLY JUST DO 2 OR 3 SPACES MINIMUM. THAT'S REALLY WHAT IT WOULD BE. YEAH, THAT'S A GOOD, GOOD WAY TO KIND OF SUMMARIZE THAT. SO SOMETIMES IT'S BECAUSE OF LANDSCAPING REQUIREMENTS WHERE YOU NEED, WE ENCOURAGE MORE LANDSCAPING THAN THE PARKING. AND IF THE BUSINESS DOESN'T NEED THE SPACE, THAT'S ANOTHER REASON FOR IT TO. OKAY. AND REMIND ME IF I'M IF YOU CAN JUST REMIND US. IS IT CORRECT THAT IF THE HARDSHIP THAT THE APPLICANT IS FACING, IF IT'S. AS WE MENTIONED, NEAR THE FOURTH BULLET DUE PRIMARILY, ESSENTIALLY ENTIRELY TO PERSONAL OR FINANCIAL. ARE THOSE FACTORS FOR US TO CONSIDER IN SAYING YES OR NO TO A VARIANCE REQUEST? YES. THAT'S THAT'S SOMETHING THAT YOU'D WANT TO LOOK AT WHEN YOU'RE APPROVING A VARIANCE. IF IT'S A PERSONAL HARDSHIP THAT'S OR FINANCIAL THAT'S CAUSED BY THE, BY THEMSELVES. RIGHT. AND IN THIS CASE, THE DEVELOPER WAS TOLD BACK WHEN THIS WAS FIRST DEVELOPED OF THEIR LIMITATION. SO IT'S SOMETHING THAT THEY KNEW ABOUT. OKAY. THANK YOU SIR.
AND THEN ANOTHER ONE OF THE THE STAFF'S OBJECTIONS I GUESS, IS HEALTH, SAFETY AND WELFARE OF THE PUBLIC JUST BECAUSE OF ENCROACHMENT IN THE EASEMENT AND THE FIRE LANE. CORRECT? YEAH. SO HOW LONG THE BUSINESS. HOW LONG HAS HAS THE BUSINESS BEEN OPEN? HOW LONG IT'S NOT
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OPEN. IT'S NOT OPEN YET. NO, IT'S NOT OPEN. THIS IS THE FIRST STEP FOR THEM TO BE ABLE TO BE OPEN. OH I THOUGHT MAYBE THEY WAS OPEN AND IT'S GROWING. AND NOW THEY WANT TO. OKAY. NOT OPEN. OKAY. SO IS THE APPLICANT PRESENT TONIGHT? YES. I'D LIKE TO ADDRESS THE BOARD. IF YOU COULD STATE YOUR NAME FOR THE RECORD. HI, MY NAME IS JARRETT YOUNG AND I'M THE APPLICANT. IS THERE ANYTHING THAT YOU'D LIKE TO TELL US ABOUT YOUR YOUR REQUEST OR UNLIKE MOST AUTOMOTIVE SHOPS, WE ARE SPECIALIZED IN JUST HONDAS AND ACURAS AND WE WANT TO BE A CLEAN SHOP. THIS SHOP CURRENTLY HAS AC AND IT'S VERY CLEAN AND WELL DONE, SO WE WANT TO KEEP IT THAT WAY. AND HE ASKED ABOUT WHEN WE OPENED. WE DID HAVE A SHOP ABOUT FIVE SIX YEARS AGO AND MCKINNEY, BUT THE RENT WAS TOO HIGH SO WE LEFT. SO NOW WE JUST DO IT OUT OF MY HOME, WHICH IS NOT TECHNICALLY LEGAL, BUT NOW WE'RE TRYING TO FIND A BUILDING TO GO INTO. IT'S BEEN PRETTY HARD TO FIND ONE. DOES ANYONE HAVE ANY QUESTIONS FOR THE APPLICANT? I DID WANT TO ASK IF THE FIRE EXIT IS COVERED FOR WEAR LIKE FIRE DEPARTMENT. HOW WOULD YOU PROPOSE FOR EMERGENCY SERVICES TO GET THROUGH? THE CARS WOULD BE MOVED. WE'RE NOT TRYING TO USE THE EXTRA PARKING SPACES. THEY'RE JUST THERE FOR LIKE OPTIONAL DURING THE DAY. SO IT'D BE LIKE CARS THAT ARE COMING AND GOING VERSUS ONES THAT ARE STAYING OVERNIGHT.OKAY. THANK YOU, MR. YOUNG. THANK YOU. MR. CHAIR. CAN WE CALL BACK TO STAFF? KEVIN? PLEASE? OKAY, JUST FOR THE RECORD, I JUST WANT TO ASK YOU A COUPLE QUESTIONS FOR THE RECORD CONCERNING THE LIMITATIONS PLACED UPON THE BOARD BY THE DEVELOPMENT CODE.
AS TO FACTORS THAT WE MUST CONSIDER IN DETERMINING WHETHER WE SAY YES OR NO TO A REQUEST SUCH AS THIS. AND I'M READING FROM PAGE EIGHT OF THE PACKET PREPARED FOR THE BOARD ONE. IS THERE ANY UNIQUE PHYSICAL CIRCUMSTANCES OR CONDITIONS OF THIS LOT OR SUCH OTHER EXCEPTIONAL PHYSICAL CONDITIONS TO THE AFFECTED PROPERTY? NO, NOT IN STAFF'S OPINION. OKAY.
WELL, NUMBER TWO, SINCE YOUR ANSWER IS NO, I WILL GO ON TO NUMBER THREE. NUMBER THREE.
ALSO, THERE'S NO UNIQUE PHYSICAL CIRCUMSTANCES OR CONDITIONS. NUMBER FOUR, THAT THE DEMONSTRABLE HARDSHIP IS NOT SELF-IMPOSED. AND THERE'S SOME QUESTION ABOUT WHETHER OR NOT IT IS GIVEN WHAT YOU MENTIONED EARLIER, THAT THE EITHER THE OWNER, THE APPLICANT WAS TOLD WHEN THE PURCHASE OF THE PROPERTY OF THE REQUIREMENTS IN TERMS OF THE PARKING SPOTS. IS THAT CORRECT? YES. THAT'S CORRECT. I KNOW YOU SAID YOU MAILED IT. HOW MANY NOTICES TO TO STATUTORY REQUIRED PROPERTY OWNERS AND SURROUNDING PROPERTY. YES. WE HAD TO SEND NOTICES AS REQUIRED BY STATE LAW TO 14 PROPERTY OWNERS. IT'S A 200 FOOT BUFFER.
RIGHT. AND YOU HEARD BACK FROM TWO, TWO OF THEM AND THOSE TWO. SO THERE'S ONE LETTER THAT Y'ALL HAVEN'T SEEN BECAUSE WE GOT IT TODAY. OKAY. AND I HAVE IT PULLED UP ON THE MONITOR.
THEY ACTUALLY PROVIDED A COMMENT AS TO WHY THEY WERE IN OPPOSITION AS WELL. SO THAT THERE IS A DISTINCT POSSIBILITY, DISTINCT POSSIBILITY THAT THE VARIANCE, IF GRANTED WELL, WILL IT HAVE AN ADVERSE EFFECT ON THE ADJACENT PROPERTY OR THE NEIGHBORHOOD? I BELIEVE YOU SAID ONE, THE IF THE PARK IN THE STREETS THERE'S AN ISSUE WITH. IT'S A RIGHT OF WAY.
CUSHIONS OF FIRE TRUCKS HAVING ACCESS FROM THIS PARTICULAR DEPICTION AND PAGE NUMBER TEN.
OKAY. I ASSUME THERE'S SOME QUESTIONS AS TO WHETHER OR NOT THE VARIANCE, IF GRANTED, WILL BE IN KEEPING WITH THE INTENT OF THE DEVELOPMENT CODE. I BELIEVE THEY ALREADY SAID THE ANSWER IS NO BECAUSE IT REDUCES THE BY 53% THE NUMBER OF REQUIRED PARKING SPACES, RIGHT? SO IT WILL NOT BE KEEPING WITH THE INTENT OF THE DEVELOPMENT CODE. AND CERTAINLY, IF GRANTED, THERE ARE SOME QUESTIONS ON WHETHER OR NOT IT WILL AFFECT THE HEALTH AND SAFETY AND THE WELFARE OF CITIZENS OF WILEY, GIVEN THE WHAT WE TALKED ABOUT, THAT ONE IS A 53% REDUCTION.
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INSTEAD OF 19 SPOTS, THE APPLICANT ONLY HAS TEN AND UP TO TEN. ONE IS ADA. SO THERE'S SOME QUESTION AS TO WHETHER OR NOT WE CAN MEET NUMBER EIGHT. IS THAT CORRECT AS FAR AS YOU'RE CONCERNED, KEVIN? YES. THAT'S CORRECT. ALL RIGHT, MR. CHAIR, I HAVE NO FURTHER QUESTIONS. ALL RIGHT. SO WITH THIS, I GUESS, AT THIS TIME, WOULD YOU PUBLIC COMMENT. SO IF THERE'S ANY CITIZENS PRESENT WHO WOULD LIKE TO SPEAK ON THIS AGENDA ITEM. AND SEEING THAT THERE ARE NONE, I WILL CLOSE THE PUBLIC COMMENT SESSION AND WE CAN MOVE BACK TO BOARD DISCUSSION. IF THERE ARE ANY DISCUSSIONS THAT YOU GUYS WOULD LIKE TO HAVE FURTHER ABOUT THIS ITEM. OR IF NOT, I WILL ENTERTAIN A MOTION ON THE ITEM. MR. CHAIRMAN, LET ME ONE SECOND, PLEASE.MR. CHAIR, NO FURTHER COMMENTS. THANK YOU. WOULD ANYONE LIKE TO MAKE A MOTION FOR THIS AGENDA ITEM? I WILL MAKE THE MOTION BASED ON WHAT'S BEEN PRESENTED HERE IN THE APPLICATION. MAKE A MOTION THAT WE WOULD DENY THE REQUEST AS SUBMITTED. AND, MR. CHAIR, WITH YOUR PERMISSION, IF I CAN, IF I CAN ADD SOMETHING ELSE AND THEN YOU LET ME KNOW IF YOU ADOPT MY AMENDMENT, IN ADDITION TO WHAT'S BEEN PRESENTED, BOTH IN TERMS OF THE INFORMATION PRESENTED TO THE BOARD AND BASED ON THE COMMENTS BY STAFF. SO I'D LIKE TO AMEND YOUR MOTION TO JUST AMPLIFY THOSE TWO POINTS. IF YOU WOULDN'T MIND ADOPTING MY AMENDED MOTION.
I AGREE. OKAY. IN THAT CASE, AND I'LL SECOND THE MOTION MADE BY THE CHAIR. OKAY, SO WE CAN MOVE TO A VOTE. JASON, I THINK YOU MIGHT WANT TO CLARIFY WHAT WE ARE VOTING ON SOME PEOPLE.
OH, YEAH. JUST SO YOU KNOW, A YES VOTE IS NO. OH, SORRY FOR THE MOTION WAS TO DENY. CORRECT.
SO IF YOU AGREE WITH THE DENIAL YOU'RE GOING TO WANT TO VOTE. YES. YOU'RE CORRECT. YOU'RE CORRECT BECAUSE I DID. SECOND GUESS. IF YOU'RE VOTING NO, THAT MEANS YOU'RE VOTING TO APPROVE. OKAY. AND SINCE I MADE THE MOTION, I SECONDED THE CHAIR'S MOTION AND EVEN AMENDED IT. YES. MY INTENT WAS TO VOTE YES. YES. AND THAT I AGREE TO DENY THE YES. THANK YOU FOR THE CLARIFICATION AND I'M RESTARTING THE VOTE FOR EVERYBODY. THE VOTE HAS BEEN RESTARTED, SO YOU'LL NEED TO REVOTE. OKAY. MINE IS ALREADY PRESSED. NOW. IS IT RECORDED? OKAY, IT IS RECORDED AND THE MOTION PASSES 4 TO 1. SO. YES. CORRECT. THE REQUEST IS IS DENIED AS SUBMITTED. MR. YOUNG, IF YOU'D HANG OUT FOR JUST A SECOND AFTER THE MEETING. I'D LIKE TO EXPLAIN SOMETHING TO YOU. OKAY? OKAY. WE DON'T HAVE ANYTHING YET. RIGHT. WE'LL LET YOU KNOW IF THERE'S GOING TO BE A MEETING NEXT MONTH. AS OF RIGHT NOW, WE DON'T HAVE ANY VARIANCE REQUESTS. ALL RIGHT. THAT IS THE LAST ITEM ON OUR AGENDA THIS EVENING, IF I'M CORRECT HERE. SO WE WOULD MOVE TO AN ADJOURNMENT AND I'LL ACCEPT A MOTION TO ADJOURN. MR. CHAIR, MAKE A MOTION THAT THE ZBA MEETING FOR MARCH 23RD, 2026 BE ADJOURNED. WE HAVE A MOTION AND A SECOND SO WE CAN
* This transcript was compiled from uncorrected Closed Captioning.