Title
Conduct a Public hearing to Consider/Discuss/Act on the request by Owner James West, to Consider/Discuss/Act on the Appeal of the Building Official’s decision regarding a violation of UDC Article 704, Section B, Table 7-1. The applicant is requesting to exceed the maximum allowed height of 4 feet in this location to construct a 6 foot high wood fence and gate near a street-facing side property line and at the rear corner of the lot, where the side yard of this lot abuts the front yard of the property behind it. This request is on the property located at 504 Tucker Street, Lot 663A of the McKinney Outlots Addition to the City of McKinney, Texas.
Summary
BOARD OF ADJUSTMENT CASE NUMBER: BOA 2025-0040
MEETING DATE: October 15, 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: Historic Overlay/RD30=TR1.8 Townhome Residential/TMN
EXISTING CONDITIONS: This lot is at the corner of Tucker St. and Board St. There is a historically significant home on the property. The side property line along Board St., where the fence is proposed, is densely wooded. There is an existing approach on that side.
ITEM SUMMARY: Per the applicant, the proposed fence and gate are less visible due to the existing dense hedge row. A Certificate of Appropriateness is also required in the Historic Overlay and has been applied for. The applicant cites similar fences elsewhere in the Historic District, attaching photos of examples.
VARIANCE REQUESTED:
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ZONING ORDINANCE REQUIREMENTS |
VARIANCE REQUESTED |
VARIANCE |
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|
|
|
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Max. 4 ft. fence height |
6 ft. fence height |
50% |
APPLICANT’S BASIS FOR VARIANCE: See description on the BOA application.
PUBLIC SUPPORT/OPPOSITION OF REQUEST: 39 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:
BOA2025-0040 - 504 Tucker St. - Packet to include:
• Application
• Application Letter
• GIS Map
• Notice Letter
• Notice Map
• Plans and Elevations
• Site Photos
• Site Plan/Survey
• Zoning Exhibit
ACTION: Approved Denied Tabled