Title
Conduct a Public hearing to Consider/Discuss/Act on the request by Applicant Kobey Seale on behalf of Owner Jim and Jamie De Young, to Consider/Discuss/Act on the Appeal of the Building Officials decision for the consideration of a variance to the zoning ordinance rear setback requirement of 10’ feet to allow a rear setback of 6.33’, detached accessory garage maximum of 500 square feet to allow a structure of 730 square feet at 1204 Tucker Street, Lots 3C of Block 3 of the GW FOX Addition to the City of McKinney, Texas.
Summary
BOARD OF ADJUSTMENT CASE NUMBER: BOA22-01
MEETING DATE: February 9, 2022
DEPARTMENT: Development Services - Building Inspections
CONTACT: Jeffrey Harris, Chief Plans Examiner
RECOMMENDED BOARD ACTION: Consider this variance request based on the applicant statement on the Board of Adjustment (BOA) application.
ZONING: RS-60 with Traditional McKinney Neighborhood (TMN) overlay designation, as well as, Historic Preservation Overlay District
EXISTING CONDITIONS: The lot is compliant. The pool house is an existing non-compliant structure
ITEM SUMMARY: The applicant/owner desires to renovate an existing non-conforming pool house into an operational garage and add a new second floor apartment. Two variances are requested for consideration by the Board. The applicant/owner is requesting a variance of 3’ 7” from the rear property line to allow a rear setback of 6’ 3”. The applicant/owner is also requesting a variance of 230 square feet to allow a detached garage of 730 square feet. The applicant will be removing two attached storage sheds, as well as, an attached carport to reduce the garage to the proposed 730 square feet.
A GIS rendering of the surrounding lots is provided and shows the varied setbacks. The input of the 200’ property owners should be reviewed to determine if such variance will not seriously affect the adjoining property or the general welfare.
VARIANCE REQUESTED:
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ZONING ORDINANCE REQUIREMENTS |
VARIANCE REQUESTED |
VARIANCE |
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Detached Rear Yard Setback - 10’ |
6.33’ |
3.66’ |
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Detached Garage - 500 Square Feet |
730 Square Feet |
230 Square Feet |
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APPLICANT’S BASIS FOR VARIANCE: See description on the BOA application.
PUBLIC SUPPORT/OPPOSITION OF REQUEST: To date, no letters of support and no letters of opposition have been submitted.
BOARD AUTHORITY:
Variances. The board shall have the power to authorize upon appeal in specific cases such variance from the terms of this chapter as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of this chapter will result in unnecessary hardship, and so that the spirit of this chapter shall be observed and substantial justice done, including the following:
1. Permit a variance in the yard requirements of any district where there are unusual and practical difficulties or unnecessary hardships in the carrying out of these provisions due to an irregular shape of the lot, topographical or other conditions, provided such variance will not seriously affect any adjoining property or the general welfare; and
2. Authorize upon appeal, whenever a property owner can show that a strict application of the terms of this chapter relating to the construction or alterations of buildings or structures will impose upon him unusual and practical difficulties or particular hardship, such variances from the strict application of this chapter as are in harmony with its general purpose and intent, but only when the board is satisfied that a granting of such variation will not merely serve as a convenience to the applicant, but will alleviate some demonstrable and unusual hardship or difficulty so great as to warrant a variance from the zoning ordinance as established by this chapter, and at the same time, the surrounding property will be properly protected.
BUILDING OFFICIAL STATEMENT:
The request has been field validated and I agree that the Board has the implied authority to consider this Variance by the Applicant/Owner.
SUPPORTING MATERIALS:
BOA 22-01 - 1204 Tucker Street - Packet. To include:
• Zoning Exhibit
• GIS map of Gerrish and Rockwall houses and setbacks
• Board of Adjustment (BOA) Application
• Survey and Survey Site Plan with Proposed Renderings
• Proposed Elevations
• Newspaper notice and 200’ notice with Locator Map
ACTION: Approved Denied Tabled