Title
Conduct a Public hearing to Consider/Discuss/Act on the request by Applicant Matt Moore on the Appeal of the Building Official’s decision regarding a violation of UDC Article 2, Section 204, Table 2-24, which requires a 5-foot side yard setback, by requesting to reduce the side yard setback to 3 feet and 6 inches. The applicant is requesting to keep a carport that was constructed in error with that setback. This request is on the property located at 1005 W. Hunt St., Lot 2B of Block 6 of the Waddill Addition to the City of McKinney, Texas.
Summary
BOARD OF ADJUSTMENT CASE NUMBER: BOA 2025-0035
MEETING DATE: September 24,2025
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: R6 Residential Single Family/TMN/HAS
EXISTING CONDITIONS: The porte cochere that is the subject of this request was constructed without a permit. They applied for a permit in July, but it was denied because the side setback did not meet the zoning ordinance requirement. The house was originally constructed around 1919, according to tax records. Being in the Historic District, a Certificate of Appropriateness from historic review by the City is also required. There is a detached garage in line with the driveway directly behind the new structure and about 2.3 feet from the side property line, according to the survey provided. The house setback on the other side property line is about 3 feet.
ITEM SUMMARY: Per the applicant, the owner was out of town on family business at the time that the porte cochere was constructed and was unaware of the violations. The application states that the contractor is now out of business, so the owner would have no recourse for having to alter or reconstruct the structure.
VARIANCE REQUESTED:
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ZONING ORDINANCE REQUIREMENTS |
VARIANCE REQUESTED |
VARIANCE |
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5 ft. side yard setback |
3 ft. 6 in. side yard setback |
1 ft. 6 in. |
APPLICANT’S BASIS FOR VARIANCE: See description on the BOA application.
PUBLIC SUPPORT/OPPOSITION OF REQUEST: 27 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:
BOA2025-0035 - 1005 W. Hunt St. - Packet to include:
• Application Letter
• Application
• GIS Exhibit
• Newspaper Notice
• Notice Letter
• Notice Map
• Plan
• Site Photo
• Site Plan Survey
• Zoning Exhibit
ACTION: Approved Denied Tabled