Title
Conduct a Public hearing to Consider/Discuss/Act on the request by Owners Gary and Debi Williams, to Consider/Discuss/Act on the Appeal of the Building Official’s decision for the consideration of multiple variances to the zoning ordinance as follows: A reduction of the side yard (north) setback from 10 feet to 7 feet 8 inches to construct a room addition to the main residence; setback reductions to construct a detached two-car garage with a second floor room above it, requesting a rear (west) setback reduction from 16 feet to 5 feet 1 inch, and a reduction of the side (south) setback from 10 feet to 5 feet. The applicants are also seeking a variance to the driveway length, which is required to be 20 feet, being that the proposed driveway is at an angle with the shortest dimension of approximately 5 feet. These requests are on the property located at 801 N. Morris St., Lot 2 of Block 16 of the Waddill Addition to the City of McKinney, Texas.
Summary:
BOARD OF ADJUSTMENT CASE NUMBER: BOA 2024-0006
MEETING DATE: September 11, 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.
ZONING: UDC R12 Residential
EXISTING CONDITIONS: This lot is at the corner of N. Morris St. and W. Lela St. (which is an abandoned R.O.W.). It is a single-family brick residence with an attached carport in back. There is a very large 30 in. diameter oak tree in the side yard. Because of its size, the tree should not be jeopardized for construction.
ITEM SUMMARY: The applicant is seeking multiple variances to construct a room addition to the house on the north side; and to construct a new detached two-story garage with a new driveway on the southwest corner of the rear yard.
Regarding the setback variance for the room addition on the north side: The entire north side of the existing house violates the zoning setback per ordinance. The existing setback is 7 ft. 8.5 in., and the minimum requirement is 10 ft. The proposed addition on the northwest corner matches the existing side wall setback at 7 ft. 8.5 in.
The applicant is also requesting to build a detached two-story two-car garage with an office and bathroom above. Citing proximity to the large oak tree, the applicant is seeking side and rear setback variances in order to site the building far enough away from the tree. This would reduce the rear setback from 16 ft., as required, to 5 ft. 1.5 in., and reduce the setback to the side property line from 10 ft., per ordinance, to 5 ft. 2.5 in.
Additionally, the proposed driveway to the new garage does not meet the minimum required length of 20 ft. It is at an angle to the property line, with the short side being a little over 5 ft.
VARIANCE REQUESTED:
|
ZONING ORDINANCE REQUIREMENTS |
VARIANCE REQUESTED |
VARIANCE |
|
|
|
|
|
Side Setback for Addition - 10’ |
7’ 8.5” |
2’ 3.5” |
|
Rear Setback for Detached Garage - 16’ |
5’ 1.5” |
10’ 10.5” |
|
Side Setback for Detached Garage - 10’ |
5’ 2.5” |
6’ 9.5” |
|
Driveway Length - 20’ |
±5’ |
±15’ |
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 24-06 - 801 N. Morris St. - Packet to include:
• Zoning Exhibit
• GIS map of subject property and surrounding houses
• Board of Adjustment (BOA) Application
• Variance Letter
• Survey and Survey Site Plan
• Proposed Plans and Elevations
• Site photos
• Newspaper notice and 200’ notice with Locator Map
ACTION: Approved Denied Tabled