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AGENDA
Board of Adjustments Meeting
7 p.m. - Monday, October 7, 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.
B. Discussion/Action Items
3 - 4 1. Approval of minutes for the 6/3/2019 Board of Adjustments Regular
Meeting.
MBOA 6.3.19
C. 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:
5 - 11 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.
Agenda Item Report - AIR-19-046 - Pdf
D. 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 Town Council reserves the right to adjourn into
executive session at any time during the course of this meeting to
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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
(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 October 4,
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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[PAGE 3]
MINUTES
TOWN OF SUNNYVALE
BOARD OF ADJUSTMENTS
TOWN HALL CHAMBERS
JUNE 3, 2019
7:00 P.M.
CHAIRPERSON KAREN HILL
MEMBER LYNDON JAMES
MEMBER JEAN HOLT – ABSENT
MEMBER JACK KIRKLAND
MEMBER DEE BLACKWOOD
ALTERNATE MEMBER ROBERT WHITE
ALTERNATE MEMBER SOJI JOHN
CALL MEETING TO ORDER
Chairperson Hill called the meeting to order at 7:00 p.m.
1. CONSIDER APPROVAL OF THE MINUTES FOR THE MEETING OF MAY
6, 2019.
Member Blackwood made a motion to approve the minutes, seconded by Member
James. Chairperson Hill called for a vote and with all members voting affirmatively, the
motion passed 4 / 0.
2. Hold a public hearing to discuss, consider, and act upon a request by
the Town of Sunnyvale to initiate proceedings for abatement of an
unsafe structure by demolition at or about 457 Stone Canyon Drive.
Building Official, Doug Key, presented the request.
This request came before the Board of Adjustments at the May 6, 2019 regularly scheduled
meeting. At that meeting a motion was passed to table the item for a period of 30 days to allow
the owner to complete the following items:
1. Obtain a report from a structural engineer concerning the current state of the partially
constructed home.
2. Obtain financing to complete construction of the home.
The Building Official stated that as of the previous Friday the property had been sold and the new
owners that were present at the meeting had no knowledge until the day of the meeting that the
above items were required. He went on to read a printed email from the previous owner.
*** Member White arrives at approximately 7:05 p.m.
Chairperson Hill opened the public hearing.
Michael Cervantes, contractor for the project residing at 1701 W. Main Street, Lancaster,
spoke and answered questions from the Board.
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June 3, 2019
Chairperson Hill asked if anyone would like to make a motion to dismiss the action of
demolition of the structure at 457 Stone Canyon and allow construction to resume
contingent to the following:
1. Letter from a structural engineer be included with the new construction permit
stating the viability of the partially constructed home.
2. Construction to be complete within 90 days (with the possibility of an extension to
120 days by the Building Official).
Member James made a motion to dismiss the action of demolition and allow construction
to resume contingent to the above items, seconded by Member Blackwood. Chairperson
Hill called for a vote and with all members voting affirmatively, the motion passed 4 / 0.
ADJOURN
Chairperson Hill adjourned the meeting at 7:15 p.m.
The undersigned presiding officer certifies that this is a true and correct record of the
proceedings.
___________________________
Chairperson Karen Hill
ATTEST:
____________________________
Rachel Ramsey, Town Secretary
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Board of Adjustments
AGENDA ITEM REPORT
AIR-19-046
To: Board of Adjustments
Subject: 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.
Meeting: Board of Adjustments - 07 Oct 2019
Department: Development Services
Staff Contact: Erick del Angel, Town Planner
STAFF RECOMMENDATION:
Staff recommends approval of the requested variances to reduce the required lot size, width, depth, and side
setback for 184 S. Collins Road.
BACKGROUND INFORMATION:
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 that
were both constructed the following year. Phase II included the existing building foundations directly abutting to
the northeast that 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.
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.)
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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)
Below is a graphic that depicts the requested variances.
As stated earlier, the intent is for the eventual construction of a building that would be geometrically very
similar if not identical to the existing one on Lot 3R. To move forward with the platting, sale, and development,
the applicant has requested variances for the proposed lot dimensions.
Zoning Ordinance – Variance Standards
Chapter 26 Variance Procedures of the Zoning Ordinance establishes the standards for approval of a variance.
The Board of Adjustments shall not approve a variance unless it finds that the variance is not contrary to the
public interest and, due to special conditions, a literal enforcement of the ordinance would result in
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unnecessary hardship, and so that the spirit of the ordinance is observed and substantial justice is done. The
following factors are to be taken into consideration when reviewing a variance request:
1. That there are special circumstances or conditions applicable to the property referred to in the
application that does not prevail on other property in that zone.
Most other nonresidential properties similar to the subject property were part of a planned development.
These developments, like the property in question, were developed in phases, but were nonetheless
completed within a few years while the subject property was never fully constructed and the original
developer/owner has moved on.
2. That the strict application of the regulations would cause an unnecessary hardship and that the granting
of the application is necessary for the preservation and enjoyment of substantial existing property
rights.
Strict application of the regulations may cause unnecessary hardship to the applicant but it would not
prevent construction of the building. It would only prevent division of the lot and restrict the subsequent
sale of the property.
3. That the granting of such application will not materially affect the health and safety of persons residing
or working in the neighborhood and will not be materially detrimental to the public welfare or injurious to
property or improvements in the neighborhood.
The granting of the variance does not appear to affect the health and safety of persons residing in the
area nor does it appear to be detrimental to the public welfare. The property is surrounded by
developed as well as developing nonresidential uses along a major commercial corridor; thus its impact
would be very minimal to the surrounding area.
4. That substantial conformity to standards primarily established in the zone may be secured.
With the exception of the requested variances, it would appear that all other zoning standards for GB,
General Business district would be adhered to.
5. That detriment of injury to the neighborhood will not result from the granting of a variance as applied
for.
There does not appear to be detriment of injury to the neighborhood should the variances be granted.
As stated earlier, the property is surrounded by nonresidential properties along a major commercial
corridor.
6. That substantial conformity to standards previously established in the zone may be secured and that
detriment of injury to the neighborhood will not result from the granting of a variance as applied for.
Conformity to minimum lot width according to the previous zoning ordinance would be secured since
only 200’ was required along arterials at that time. Other dimensional requirements would not conform;
however, injury to the neighborhood will not result from the granting of the variances as applied for.
PUBLIC NOTICE:
Notice was published within the Town’s Official Newspaper on Wednesday, Sept. 19, 2019. Letters were also
provided to surrounding properties meeting the distance requirements as provided within the Ordinance. Six
(6) letters were sent out. As of the writing of this staff memo, the following letters had been received.
In Favor – 0
In Opposition - 0
ATTACHMENTS:
Site plan
Location map
Buffer map
Site Pictures
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TOWN OF SUNNYVALE
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TOWN OF SUNNYVALE
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SITE PICTURES
Figure 4: View from subject property facing west Figure 3: View from subject property facing south
Figure 2: View from subject property facing north Figure 1: View from subject property facing east
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