Title
Conduct a Public Hearing to Consider/Discuss/Act on the Request by Mary Jane Frank for a Side Yard Variance to the Zoning Ordinance for Property Located at 111 Truett, Lot 1R of the Roy Raper Addition, McKinney, Texas
Summary
BOARD OF ADJUSTMENT CASE NUMBER: 18-13
MEETING DATE: September 19, 2018
DEPARTMENT: Development Services-Building Inspections
CONTACT: Rick Herzberger, Chief Building Official
RECOMMENDED BOARD ACTION: Consider request based on the existing location of the house on the property and non-conforming side setback.
ITEM SUMMARY: The applicant has reviewed all options to build an addition to the non-conforming setback and is seeking variances for the location of the addition as shown in the attachments.
ZONING: RS 60 - Single Family Residential
EXISTING CONDITIONS: A non-conforming house location on the property and applicant desires to build an addition to the home in line with the existing house side yard set-back.
VARIANCE REQUESTED:
|
Zoning ORDINANCE REQUIREMENTS |
REQUESTED DIMENSIONS |
VARIANCE FROM ORDINANCE |
|
|
|
|
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SIDE YARD - 5’ minimum |
4.2’ |
10” |
APPLICANT’S BASIS FOR VARIANCE: See description on the application.
PUBLIC SUPPORT/OPPOSITION OREQUEST:
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 variances based on the location of the existing structure and conditions presented by the applicant. The Board will need to determine if the proposed variance request is not contrary to the public interest and general welfare of the adjacent property.