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AGENDA
Board of Adjustments Meeting
7 p.m. - Monday, November 4, 2019
TOWN HALL - COUNCIL CHAMBERS 127 N. COLLINS RD.
Page
A. Call Meeting To Order
Chairperson calls the meeting to order, state the date and time. State
members present and declare a quorum present.
3 - 5 1. Approval of minutes for the 10/7/19 Board of Adjustment Regular
Meeting.
MBOA 10.7.19
B. Public Hearing
Open or continue public hearing, consider testimony and other
information provided, close public hearing, and take necessary action
with respect to the following:
6 - 12 2. Hold a public hearing to discuss, consider, and act upon a request by
Dallas Wottlin for variances from Section 3.05 Zoning Dimensional
Regulations of the Unified Development Ordinance, specifically Section
3.05.03 Residential Zoning District Dimensional Regulations Chart, to
reduce the required lot size, width, front and side setback for a SF-3,
Single Family zoned lot for proposed subdivision.
Agenda Item Report - AIR-19-082 - Pdf
C. Adjourn
All locations identified are in the Town of Sunnyvale unless otherwise
indicated. For a detailed property description, please contact the
Building Official at Town Hall. All items on the agenda are for possible
discussion and action. Please turn off all telephones and handheld
communication devices while in attendance at this meeting.
The Sunnyvale Board of Adjustment reserves the right to adjourn into
executive session at any time during the course of this meeting to
discuss any of the matters listed above, as authorized by Texas
Government Code Section 551.071 (Consultation with Attorney),
551.072 (Deliberation about Real Property), 551.073 (Deliberations
about Gifts and Donations), 551.074 (Personnel Matters), 551.076
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(Deliberations about Security Devices), and 551.087 (Economic
Development).
The Town of Sunnyvale is committed to compliance with the Americans
with Disabilities Act (ADA). Reasonable accommodations and equal
access to communications will be provided to those who provide notice
to the Director of Development Services at (972)226–7177 at least 48
hours prior to the meeting.
Notice of Possible Quorum of Town Council
A quorum of the Town Council may be in attendance. This is not a
regularly scheduled meeting of the Town Council. As a governmental
body, the Town Council will not deliberate nor take any formal action on
any items discussed.
I hereby certify that the foregoing notice was posted by November
1, 2019, in the following location and remained so posted
continuously for at least 72 hours preceding the scheduled time of
said meeting:
Town Hall at 127 N. Collins Road
_____________________________________________
Rachel Ramsey, Town Secretary
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MINUTES
TOWN OF SUNNYVALE
BOARD OF ADJUSTMENTS
TOWN HALL CHAMBERS
OCTOBER 7, 2019
7:00 P.M.
CHAIRPERSON KAREN HILL - ABSENT
MEMBER LYNDON JAMES
MEMBER KEN DEMKO
MEMBER JOE TURNER
MEMBER DEE BLACKWOOD
ALTERNATE MEMBER ROBERT WHITE
ALTERNATE MEMBER SOJI JOHN - ABSENT
CALL MEETING TO ORDER
Member James called the meeting to order at 7:00 p.m. He served as Acting Chair for
the meeting.
1. CONSIDER APPROVAL OF THE MINUTES FOR THE MEETING OF JUNE
3, 2019.
Member Blackwood made a motion to approve the minutes, seconded by Member
White. Acting Chair James called for a vote and with all members voting affirmatively,
the motion passed 5 / 0.
2. Hold a public hearing to discuss, consider, and act upon a request by
the Arlyn Samuelson – Westwood Professional Services for variances
from Section 3.05 Zoning Dimensional Regulations of the Unified
Development Ordinance, specifically Section 3.05.04 Nonresidential and
Special Zoning District Dimensional Regulations Chart, to reduce the
required lot size, width, depth, and side setback for a GB, General
Business zoned lot for proposed subdivision.
Director of Development Services, Rashad Jackson, presented the request.
The property was originally designed and received site plan approval in 2006 as a retail center on
one lot. Phase I included the existing building on the subject property as well as the building
directly to the rear which were both constructed the following year. Phase II included the existing
building foundations directly abutting to the northeast which were never constructed upon.
In 2016, the overall property was replatted into three lots so that they could be individually sold. At
that time access was provided to all lots via a mutual access easement shown on the plat. The
easement serves as a 24’ fire lane, access and utility easement. However, access is also given to
all lots via a separately recorded reciprocal ingress egress easement running from the entrance
drive on Collins Road along the northeast property lines and around the development to the rear
along the southeast property lines.
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October 7, 2019
The current applicant is requesting a number of variances that are needed to be able to subdivide
Lot 3R into two. Once the lot is created for the vacant building foundation it will then be sold to a
separate owner for future development, however, the fire lane and reciprocal ingress egress
easement will remain in place. If the process continues as explained the resulting development
will essentially be no different than if developed as originally designed on one lot. The future
building will be constructed on the existing pad site and have roughly the same footprint as
originally intended.
The following variances are being request for Lot 3R to be subdivided into two:
1. Variance of 49.12’ and 3.11’ to the required minimum lot width of 250’ (currently 200.88’
and 246.89’)
2. Variance of 62’ for each lot to the required minimum lot depth of 250’ (currently 188’ for
each lot)
3. Variance of 49,355 sq.ft. and 40,705 sq.ft. to the required minimum lot size of 87,120
sq.ft. or 2 acres (currently 37,765 sq.ft. and 46,415 sq.ft.)
4. Variance of approximately 16’ for each lot’s interior side yard to the required minimum
side yard setback of 25’ (currently approximately 9’ for each lot)
Public Hearing – Open
Applicant Arlyn Samuelson spoke on behalf of the request. He noted he was the civil
engineer working for the property owner. He provided background.
Chris Lovell, of Legacy Alliance Development, also spoke on behalf of the request. He
noted his team was the potential buyer of the property.
Member White asked where the applicant was in the sale process.
Mr. Lovell noted the replat/variance was required as part of their purchase. He noted
there was a contract in escrow.
Public Hearing – Closed
Discussion was had amongst the board and Director Jackson regarding development of
the proposed lot. (Lot 3R) They discussed similar issues like the matter at hand
throughout Town as well.
Member Demko ask about the access point for the abutting property. He noted the
access was closed off.
Director Jackson explained the access would be constructed by the abutting property
owner (Chic-fil-a). He noted access for the abutting property is currently available at the
rear of the property. He noted a contractor for the Long Creek Crossing development
likely closed the temporary access drive near Collins (352) once they were complete.
Member Demko made a motion to approve as requested, seconded by Member Turner.
Acting Chair James called for a vote and with all members voting affirmatively, the
motion passed 5 / 0.
ADJOURN
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October 7, 2019
Acting Chair James adjourned the meeting at 7:16 p.m.
The undersigned presiding officer certifies that this is a true and correct record of the
proceedings.
___________________________
for Chairperson Karen Hill
ATTEST:
____________________________
Rachel Ramsey, Town Secretary
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[PAGE 6]
Board of Adjustments
AGENDA ITEM REPORT
AIR-19-082
To: Board of Adjustment
Subject: Hold a public hearing to discuss, consider, and act upon a request by Dallas
Wottlin for variances from Section 3.05 Zoning Dimensional Regulations of the
Unified Development Ordinance, specifically Section 3.05.03 Residential Zoning
District Dimensional Regulations Chart, to reduce the required lot size, width, front
and side setback for a SF-3, Single Family zoned lot for proposed subdivision.
Meeting: Board of Adjustments - 04 Nov 2019
Department: Development Services
Staff Contact: Rashad Jackson, Director of Development Services
STAFF RECOMMENDATION:
Staff recommends approval of the requested variances to reduce the required lot size, lot width, and
setbacks for 360 Michael Lane. Although not a hardship, staff finds the proposed request would allow
for a better lot configuration that is more in line with the development intent for the area.
BACKGROUND INFORMATION:
The current applicant is requesting a number of variances that are needed to be able to subdivide the
noted parcels (360 Michael Lane) into two. The non-conforming parcels that comprise 360 Michael
Lane currently are un-platted. The property owner would like to revise the parcel configurations to
create a more conforming lot configuration. The applicant intends to sell proposed lot #2 if the
variance and subsequent plat are approved.
The existing configuration of existing structures and existing lot dimensions would remain. Due to the
proposed subdivision, proposed Lot #1 would require a side and front yard setback variance for the
existing home. Lot #1 would also need a variance for the existing lot width. Proposed lot #2 would
need a variance for the existing lot width and proposed lot size (0.94 acres). The setbacks for lot #2
would abide by the current requirement for a SF-3 lot.
Possible Flag Lot Configuration
If a variance is granted, proposed Lot #1 could be considered a flag lot. The proposed configuration,
although possibly a flag configuration, would be considered a better conforming configuration for
proper development of the subject area. The existing three parcel configuration of the property is not
appropriate for development.
The following variances are being request for the subject property to be subdivided into two:
Proposed Lot #1
1. Variance of 70’ to the required minimum lot width of 170’ (currently 100’)
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2. Variance of approximately 15’ for a side setback (currently 15’)
3. Variance of 35’ for a front yard setback (currently 35’)
Proposed Lot #2
1. Variance of 70’ to the required minimum lot width of 170’ (currently 100’)
2. Variance of approx 2,613 sq.ft. to the required minimum lot size of 43,560 sq.ft. or 1 acre
(currently 40,946 sq.ft.)
The variances are shown visually below.
Zoning Ordinance – Variance Standards
The following factors are to be taken into consideration when reviewing a variance request:
1. Unique Circumstances
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That there are special circumstances or conditions affecting the land involved such that the
application of the provisions of Section 3 Zoning Regulations would deprive the applicant of the
reasonable use of his/her land.
2. Minimum Necessary Relief Required to Alleviate the Undue Hardship
That the zoning variance, if granted, would be the minimum necessary relief required to alleviate the
undue hardship.
3. Preservation of Property Rights
That the zoning variance is necessary for the preservation and enjoyment of a substantial property
right of the applicant.
4. No Substantial Detriment to the Public Good
That the granting of the zoning variance will not be detrimental to the public health, safety or welfare,
impair the purposes and intent of these Section 3 Zoning Regulations and the Comprehensive Plan or
be injurious to other property within the area.
5. Orderly Use of Land
That the granting of the zoning variance will not have the effect of preventing the orderly use of other
land within the area in accordance with the provisions of the Unified Development Ordinance
regulations.
6. Precedent
That the granting of an individual zoning variance will not set a precedent.
7. Finding of Undue Hardship
That an undue hardship exists, using the following criteria:
a. That literal enforcement of the controls will create an undue hardship or practical difficulty in
the development of the affected property; and
b. That the situation causing the hardship or difficulty is neither self-imposed nor generally
affecting all or most properties in the same zoning district; and
c. That the relief sought will not injure the permitted use of adjacent conforming property; and
d. That the granting of a zoning variance will be in harmony with the spirit and purpose of these
regulations.
e. Financial hardship alone is not an “undue hardship” if the property can be used, meeting the
requirements of the zoning district in which the property is located.
PUBLIC NOTICE:
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Notice was published within the Town’s Official Newspaper on Wednesday, October 16, 2019.
Letters were also provided to surrounding properties meeting the distance requirements as provided
within the Ordinance. As of the writing of this staff memo, the following letters had been received.
In Favor – 0
In Opposition - 0
ATTACHMENTS:
Map
Existing Configuration
Variance_Plans
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TOWN OF SUNNYVALE
360 Michael Lane - Proposed Lot Dimension Variances
307
225
303
348
223 223 223
350
353 357 359 361 361 365 221
MICHAEL LN
217
352 354 356 358 360 362 360
215
C
O
L
L
1300 354 213 IN
360 S
213
351
357 401
240 250
216
353
TRIPP RD
363 365
402 404 406
361
355
441100
295
148 402
381 Legend
391
TRIPP Buf1fe40r Notice Area
368 337700 370
F
0 110 220 440
Feet
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(LOT #1) Does not meet the following requirements:
-minimum lot width of 170 feet (actual 100 feet)
-minimum front yard setback of 70 feet
-minimum side yard setback of 30 feet
We’d like a variance for the above dimensional requirements.
(LOT #2) Does not meet the following requiremnts:
-minimum lot width of 170 feet
-minimum lot area of 1 acre
We’d like a variance for the above dimensional requirements.
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