Title
Conduct a Public Hearing to Consider/Discuss/Act on the Request by North Collin Habitat for Humanity for a Variance to the Minimum Side Yard Setback at the Corner for the Property Located at 810 Throckmorton Street.
Summary
MEETING DATE: September 25, 2013
DEPARTMENT: Building Inspections
CONTACT: Rick Herzberger, Chief Building Official
ZONING: RS60
EXISTING CONDITIONS: 5’ of property was dedicated to the City of McKinney for right-of-way on Drexel Street, making this lot 45’ wide.
VARIANCES REQUESTED:
|
ORDINANCE REQUIREMENTS |
REQUESTED DIMENSIONS |
VARIANCE FROM ORDINANCE |
|
15’ Side Yard Setback at Corner |
10’ |
5’ |
APPLICANT’S BASIS FOR VARIANCE:
Applicant wishes to build a single family residence. After the City took 5’ for right-of-way on Drexel Street, the lot is 45” wide. Applicant requests a variance to allow the side yard setback to be 10’ from the property line. However, the distance from the house to Drexel Street will be 15’, including the 5’ right-of-way.
PUBLIC SUPPORT/OPPOSITION FOR REQUEST:
To date, no letters of support and no letters of opposition have been submitted.
BOARD AUTHORITY:
The Board has authority to authorize a variance from the terms of the Zoning Ordinance as will not be contrary to the public interest if the literal enforcement of the Zoning Ordinance would result in unnecessary hardship due to special conditions unique to the property so that the spirit of the Zoning Ordinance is observed and substantial justice done. The Zoning Ordinance provides additional requirement for “yard variances” and “building or structure variances” that must also be met by an applicant seeking a variance in addition to the requirements set out hereinabove.
In addition to the general requirements set forth above the following requirements must also be met for a variance of the type identified below:
Yard Requirements The Board has the authority to 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.
STAFF RECOMMENDATION:
This is an undersized lot with a 45’ width. A variance is needed to allow a 10’ side yard setback at the corner to build a new residence. Staff recommends approval of the variances as requested.