Title
Conduct a Public hearing to Consider/Discuss/Act on the request by Owner Bhaskar Mustiyala, on the Appeal of the Building Official’s decision regarding a violation of UDC Article 2, Section 206 A (5)(a) Table 2-30, requiring two canopy trees, including a canopy tree in the front yard, on all single-family properties in this zoning district. The applicant is requesting to omit the required trees. This request is on the property located at 4305 Brookridge Ave., Lot 26 of Block E of the Painted Tree Lakeside West Phase 2 Addition to the City of McKinney, Texas.
Summary
BOARD OF ADJUSTMENT CASE NUMBER: BOA 2025-0036
MEETING DATE: September 24, 2025
DEPARTMENT: Development Services - Building Inspections
CONTACT: Suzanne Arnold, Chief Building Official
RECOMMENDED BOARD ACTION: Consider this variance request based on the applicant statement on the Board of Adjustment (BOA) application.
ZONING: R5 PD Residential
EXISTING CONDITIONS: This lot is located in a section of the Painted Tree subdivision. The house was constructed in 2024. Like the other houses in the neighborhood, the front build line is 20 feet and the rear build line is 15 feet. The actual setbacks are 20.5-23.2 feet in front and 19.7 feet in back. There is a 7.5 foot utility easement across the front. Easements on private property are typically for franchise utilities, not water or sewer mains.
ITEM SUMMARY: Two canopy trees are required, including at least one in the front yard. This requirement is uniformly enforced throughout the Painted Tree subdivisions and throughout the City. The UDC recommends planting trees at least 12 feet from the foundation and 4 feet from the sidewalk. By this standard, both the front and rear yards have the prescribed space for canopy trees. The applicant did not provide any expert commentary to the contrary.
VARIANCE REQUESTED:
|
ZONING ORDINANCE REQUIREMENTS |
VARIANCE REQUESTED |
VARIANCE |
|
|
|
|
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Two canopy trees including one in front |
No canopy trees |
100% |
APPLICANT’S BASIS FOR VARIANCE: See description on the BOA application.
PUBLIC SUPPORT/OPPOSITION OF REQUEST: 19 letters were sent. To date, no letters of support and no letters of opposition have been submitted.
BOARD AUTHORITY:
Variances. A Variance may be approved by the Board of Adjustment to provide relief from the strict application of the zoning provisions of this Code where literal enforcement of the requirements of this Code will result in unnecessary hardship and where the Variance is necessary to develop a parcel of land that cannot otherwise be developed due to unique conditions on the property.
1. Permit a Variance to requirements of any district where there are unusual and practical difficulties or unnecessary hardships due to an irregular shape of the lot or topographical or other conditions; and
2. Authorize Variances from the strict application of this Code that are in harmony with its general purpose and intent, provided such Variance will not merely serve as a convenience to the applicant, but will alleviate some demonstrable and unusual hardship or difficulty, while at the same time, the surrounding properties 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 2025-0036 - 4305 Brookridge Ave. - Packet to include:
• Application Letter
• Application
• GIS Exhibit
• Newspaper Notice
• Notice Letter
• Notice Map
• Site Plan Survey
• Zoning Exhibit
ACTION: Approved Denied Tabled