Title
Conduct a Public hearing to Consider/Discuss/Act on the request by Owners Jacob and Alexandra Pelley, to Consider/Discuss/Act on the Appeal of the Building Official’s decision for the consideration of a variance to the zoning ordinance side building setback requirement of 17 feet to allow a 10 foot side setback for the construction of a garage and bedroom addition at 5000 Timber Circle, Lot 25 of Block B of the Timber Crossing Addition to the City of McKinney, Texas.
Summary:
BOARD OF ADJUSTMENT CASE NUMBER: BOA 24-02
MEETING DATE: May 8, 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: PD 1621/SF-1
EXISTING CONDITIONS: This lot is located at a curve in Timber Circle, with a cumulative street frontage of 170 feet. The existing house has a 20.5 foot side setback from the northwest property line.
ITEM SUMMARY: The applicant is seeking to construct a new addition on the north/west side of the house, consisting of a front-facing two-car garage with a bedroom suite on the second floor above it. In accordance with PD 1621, the required interior side setback in the SF-1 zone is to be 10% of the lot width. Because the frontage of this pie-shaped lot wraps around a curve, the lot width is measured as approximately 170 feet, making the required setback 17 feet. This variance would reduce that setback requirement by 7 feet. The applicant submitted plans for a building permit (RES2024-04-01769) on April 8, 2024, which was reviewed and denied the same day because of the noncompliant side setback. The City received this application for a setback variance on April 8, 2024.
VARIANCE REQUESTED:
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ZONING ORDINANCE REQUIREMENTS |
VARIANCE REQUESTED |
VARIANCE |
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Side Setback - 10% of lot width = 17 ft |
10 ft |
7 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 24-02 - 5000 Timber Cir. - Packet to include:
• Zoning Exhibit
• GIS map of subject property and surrounding houses
• Board of Adjustment (BOA) Application
• Survey and Survey Site Plan
• Proposed Plans and Elevations
• Site photos
• Newspaper notice and 200’ notice with Locator Map
ACTION: Approved Denied Tabled