Title
Conduct a Public hearing to Consider/Discuss/Act on the request by Owner Leodegario Rodriguez, to Consider/Discuss/Act on the Appeal of the Building Official’s decision for the consideration of a variance to permit the elimination of the required 10 foot front landscape buffer to allow for front parking at the west frontage; and variances to the zoning ordinance Residential Adjacency Setback requirement of 30 feet at the north side, south side, and rear/east property lines, to allow 10 foot north and east building setbacks, for the construction of a commercial building (an automotive upholstery shop doing business as Leo’s Seat Covers), at 606 N. Kentucky Street, Lot 710, Block A of the McKinney Outlots Addition to the City of McKinney, Texas
Summary:
BOARD OF ADJUSTMENT CASE NUMBER: BOA 24-03
MEETING DATE: June 26, 2024
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 and adopted zoning regulations.
ZONING: BG General Business/C2 Local Commercial/TMN Overlay
EXISTING CONDITIONS: This lot is mid-block on a predominantly single-family residential street. The same business existed previously but burned down in August of 2023. The applicant is seeking to build back with the same or similar building footprint.
ITEM SUMMARY: The applicant is seeking to construct a 60 foot by 40 foot metal building with brick veneer and a metal front awning and side carport. The building is to house an automotive upholstery business, Leo’s Seat Covers, which existed in the same location until the original building burned down last summer. The applicant is seeking to use the same or similar building footprint. This variance is not for a direct reinstatement of nonconforming rights, as the proposed building design is not a match for the original one. The date of construction of the original building is unknown, but it did predate the most current zoning ordinances. A 10 foot landscape buffer is required by ordinance at the front. The applicant states that they have been unable to come up with a site plan that would accommodate the building and the buffer while leaving room for front parking. This lot abuts residential properties on both sides (north and south) and a duplex property at the northeast corner, thus requiring the 30 foot Residential Adjacency Setbacks on three sides. The proposed plans require variances from the landscape buffer requirement and the north, south and east setbacks. For the purposes of consideration by the Board of Adjustments, this case is for setback variances and relief from the landscape buffer requirements. The proposed automotive use is not allowed in the BG district and would require rezoning through the Planning and Zoning Commission. The Board of Adjustment cannot approve a nonconforming use, only nonconforming site conditions. The City has no evidence of a prior certificate of occupancy to indicate that the use had legal non-conforming status prior to the fire. Because this is in the TMN overlay, the UDC provides an avenue by which to apply for a Design Exception to the landscape and Residential Adjacency provisions, but that must also be considered by the Planning and Zoning Commission.
VARIANCE REQUESTED:
|
ZONING ORDINANCE REQUIREMENTS |
VARIANCE REQUESTED |
VARIANCE |
|
|
|
|
|
Landscape Buffer - 10 ft |
No buffer |
Total |
|
Side Setback (North) - 30 ft |
10 ft |
20 ft |
|
Side Setback (South) - 30 ft |
Carport not dimensioned |
Unknown |
|
Rear Setback (East) - 30 ft |
10 ft |
20 ft |
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 24-03 606 N. Kentucky St. - Packet to include:
• Zoning Exhibit
• GIS map of subject property and surrounding houses
• Board of Adjustment (BOA) Application
• Survey and Survey Site Plan
• Proposed Plans and Elevations
• Site photos
• Newspaper notice and 200’ notice with Locator Map
ACTION: Approved Denied Tabled