Title
Conduct a Public hearing to Consider/Discuss/Act on the request by Owner Ian Mclean, to Consider/Discuss/Act on the Appeal of the Building Official’s decision regarding a violation of UDC Article 2, Table 2-27, which requires side and rear setbacks for accessory buildings over 300 square feet to be a minimum of 5 feet. The applicant is requesting to construct a workshop 3 feet from the rear property line and a cabana 3 feet from the side property line. This request is on the property located at 1104 S. Tennessee Street, Lot 3 of Block A of the Benji Addition to the City of McKinney, Texas.
Summary
BOARD OF ADJUSTMENT CASE NUMBER: BOA 2025-0041
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: RS60=R6/TMN
EXISTING CONDITIONS: This lot contains a historically significant house (sometimes known as the “Benji House” or “Dowell House.” The property is at the corner of S. Tennessee St. and E. Graham St. The lot is L-shaped, with a piece extending north behind the two adjacent lots to abut an unpaved alley on the north side. This is the area of the proposed construction.
ITEM SUMMARY: The applicant wishes to construct a 615 sq. ft. cabana building near the north/side property line and a 336 sq. ft. workshop near the west/rear property line. They required setbacks for both are 5 feet. They are requesting a variance to reduce that to 3 feet. The cabana location abuts an unpaved/unimproved alley.
VARIANCE REQUESTED:
|
ZONING ORDINANCE REQUIREMENTS |
VARIANCE REQUESTED |
VARIANCE |
|
|
|
|
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5’ rear setback for workshop |
3’ rear setback |
40% |
|
5’ side setback for cabana |
3’ side setback |
40% |
APPLICANT’S BASIS FOR VARIANCE: See description on the BOA application.
PUBLIC SUPPORT/OPPOSITION OF REQUEST: 33 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:
BOA2025-0041 - 1104 S. Tennessee 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