Request for Variance or Appeal
The Board of Adjustment consists of five (5) members and all cases
must be heard by at least four (4) members. The Board is a quasi-judicial
board. It is not a legislative body with the authority to amend
ordinances or create new laws. The Board conducts hearings on matters
dealing with the Wylie Zoning Ordinance and determines if strict
compliance with the ordinance will create a hardship. The Board
also considers whether the variance will comply with the spirit
and intent of the ordinance. In order for a variance to be granted,
all six (6) items (A through F) identified on the application must
apply. If any of the items do not apply, the Board does not have
the ability to grant a variance.
The Board also has the authority to hear and decide appeals where
it is alleged that there is an error in an order, requirement, decision
or determination made by any administrative official of the City
in the enforcement of the Zoning Ordinance. Such appeals must be
filed within fifteen (15) days of the rendering of the decision
by the administrative official.
A pre-filing interview may be held if requested by the applicant
or if deemed necessary by the City.
The application must be signed by the property owner. If the applicant
is not the owner, a notarized document showing authority to request
the variance must accompany the application.
The following must also accompany the application packet:
- $100.00 application fee.
- A site plan of the lot showing all property lines as well as
a depiction of the requested variance. If a variance from building
setback requirements is requested, the site plan must be stamped
by a licensed surveyor.
Application fee, necessary documents, etc. in completed form must
be submitted to the Building Official. You must apply ten (10) copies
of any supporting documents larger than 8 1/2 x 11 inches or any
colored rendering.
After the above items have been completed, the variance request
will begin the following process:
- The applicant and all property owners within 200 feet of the
property where the variance is requested will be notified of a
public hearing to be held by the Board of Adjustment by notice
deposited in the U.S. mail. Said notices are to be mailed at least
10 days prior to the public hearing.
- The applicant or representative should be present at the Board
of Adjustment public hearing. Failure to attend the public hearing
may cause the Board to deny the item without prejudice to refiling.
The letter, referenced in 7 A. above, will be your notification
of any hearing.
- Persons who are in favor or who oppose the request are allowed
to appear before the Board in order to present their views.
Any additional information such as renderings, elevations, models
or other supporting documents that you wish to submit may be introduced
at the meeting.
According to state law, no variance can be
granted without the concurring vote of at least four (4) members
of the Board.
APPEALS TO A DECISION RENDERED
BY THE BOARD OF ADJUSTMENT
The only appeal to a decision rendered by the Board of Adjustment
is to State District Court. The appeal must be filed with the district
court within ten (10) days of the Board's decision. State law prohibits
the City Council from hearing any appeals.
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