Title
Conduct a Public hearing to Consider/Discuss/Act on the request by Applicant David Botello on behalf of Owner Darlene Wineburg, to Consider/Discuss/Act on the Appeal of the Building Official’s decision for the consideration of a variance to the zoning ordinance front setback of 20 ft. to allow for a front setback of 18 ft., a variance to the rear setback of 20 ft. to allow for a rear setback of 10 ft., a variance to the minimum required lot depth of 90 ft. to allow a lot depth of 75 ft., and a variance to the minimum lot size of 4800 sq. ft. to allow a lot size of 3794 sq. ft., at 708 W. White Ave., which is a part of Lot 2 in Block 2 of the College Addition to the City of McKinney, Texas.
Summary
BOARD OF ADJUSTMENT CASE NUMBER: BOA22-04
MEETING DATE: August 24, 2022
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: RS-60 Single Family with Traditional McKinney Neighborhood (TMN) overlay designation
EXISTING CONDITIONS: The owner is subdividing an existing lot, which was 1402 Bradley St., into three lots. By ordinance, all lots must have street frontage, so the resulting lots front on W. White Ave. With the lots being reoriented, the depth of the new lots is limited to the width of the original lot, and the lot area is constrained accordingly. The subject property of this variance is the middle lot of the three, an interior lot bordered by similar properties on each side, W. White Ave. to the south/front, and an existing property, 1404 Bradley St., to the north/rear. The rear yard of this property abuts the side yard of its neighbor. The lot width complies with the zoning, but the lot depth falls short of the required 90 ft. by approximately 15 ft., and the resulting lot area is short of the required 4500 sq. ft. by approximately 1006 sq. ft. The proposed lot coverage complies with the zoning ordinance. The surrounding lots vary in size, shape, and orientation. The surrounding houses vary in size, age, and style.
ITEM SUMMARY: The owner is subdividing an existing lot in order to construct three new single-family residences, resulting in lots with noncompliant dimensions and setbacks in accordance with the zoning ordinance. The three houses are proposed to be virtually identical in elevation. For the subject property of this variance, the applicant submitted a building permit application to construct a new two-story house of approximately 2611 sq. ft. The footprint of the proposed home is approximately 35 ft. wide by 48 ft. deep, being roughly 1665 sq. ft. in area. If this house did comply with the zoning setbacks, the footprint would be constrained to approximately 35 ft. wide by 35 ft. deep, or 1225 sq. ft. They submitted plans for a building permit on 7/27/22 which were reviewed and rejected on the same day because of the site nonconformity, among other factors. The city received this application for the variances on 7/29/22.
VARIANCES REQUESTED:
|
ZONING ORDINANCE REQUIREMENTS |
VARIANCE REQUESTED |
VARIANCE |
|
|
|
|
|
Front Yard Setback - 20 ft. |
18 ft. |
2 ft. |
|
Rear Yard Setback - 20 ft. |
10 ft. |
10 ft. |
|
Lot Size - 4800 sq. ft |
3794 sq. ft. |
1006 sq. ft. |
|
Lot Depth - 90 ft. |
75 ft. |
15 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 22-04 - 708 W. White Ave. - Packet to include:
• Zoning Exhibit
• GIS map of subject property and surrounding houses
• Board of Adjustment (BOA) Application
• Survey and Survey Site Plan
• Proposed Elevations
• Site photos
• Newspaper notice and 200’ notice with Locator Map
ACTION: Approved Denied Tabled