Title
Conduct a Public hearing to Consider/Discuss/Act on the request by Owner Kathleen Nash, to Consider/Discuss/Act on the Appeal of the Building Official’s decision regarding a violation of UDC Article 2, Section 204 G, Table 2-6: R6 Dimensional Standards, combined with UDC Article 2, Section 204 BB, which require a 12 foot setback for a side yard of a corner lot in the TMN overlay. The applicant is requesting to keep a pergola, which serves as a carport, that was constructed without a permit in violation of City ordinance, having a 4 foot setback from the side property line. This request is on the property located at 408 W. White Ave., Lot 1 of Block 9 of the Thompson Addition to the City of McKinney, Texas.
Summary
BOARD OF ADJUSTMENT CASE NUMBER: BOA 2025-0043
MEETING DATE: December 3, 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 is on the northeast corner of W. White St. and Coleman St. The structure in question has already been built. It is over the driveway on the west side facing Coleman St.
ITEM SUMMARY: The applicant constructed a wood pergola with clear, solid roofing material over their driveway to serve as a carport to protect their vehicles. They did not obtain a building permit prior to construction. The pergola violates the side setback requirement. On or about August 13, 2025, a McKinney Code Compliance Officer observed the violation and issued a Notice of Violation. On August 25, 2025, the applicant applied for a building permit for the pergola, which was reviewed and declined 2 days later due to the noncompliant setback. Additionally, a 20 ft. driveway is required leading to the structure since it is functioning as a carport.
VARIANCE REQUESTED:
|
ZONING ORDINANCE REQUIREMENTS |
VARIANCE REQUESTED |
VARIANCE |
|
|
|
|
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12 foot setback for pergola |
4 foot setback |
67% |
APPLICANT’S BASIS FOR VARIANCE: See description on the BOA application.
PUBLIC SUPPORT/OPPOSITION OF REQUEST: 31 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:
BOA2025-0043 - 408 W. White Ave. - Packet to include:
• Application, Letter, and Photos
• GIS Map
• Notice Letter
• Notice Map
• Plans
• Site Plan
• Survey
• Zoning Exhibit
ACTION: Approved Denied Tabled