Title
Conduct a Public hearing to Consider/Discuss/Act on the request by Owner Lea Michaels, to Consider/Discuss/Act on the Appeal of the Building Official’s decision regarding a violation of UDC Article 7, Section 704 B, Table 7-1, which limits the height of fences in side yards abutting front yards (as is the case with the orientation of the house behind this one) to 4 feet and requires 50% openness. The applicant is requesting to construct a 6 foot 8 inch tall solid wood fence at or near the side property line along Oak St. This request is on the property located at 707 W. Hunt St., Lots 569 & 571A of the McKinney Outlots Addition to the City of McKinney, Texas.
Summary
BOARD OF ADJUSTMENT CASE NUMBER: BOA 2025-0044
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: RD30=TR1.8
EXISTING CONDITIONS: This lot is at the corner of West Hunt Street and Oak Street. There is an existing picket fence along the side property line in question. The side yard abuts the front yard of the house behind it.
ITEM SUMMARY: The applicant wishes to construct a 6 foot 8 inch wood fence in the board-on-board or closely-spaced picket style along a street-facing side property line of their corner lot. The applicant cites privacy and security as reasons for requesting the variance and points out similar fences in the immediate area. The Certificate of Appropriateness for the proposed fence in the Historic District was approved.
VARIANCE REQUESTED:
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ZONING ORDINANCE REQUIREMENTS |
VARIANCE REQUESTED |
VARIANCE |
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4 foot side fence / 50% open fence |
6 foot 8 inch solid fence |
100% |
APPLICANT’S BASIS FOR VARIANCE: See description on the BOA application.
PUBLIC SUPPORT/OPPOSITION OF REQUEST: 36 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:
BOA2025-0044 - 707 W. Hunt St. - Packet to include:
• Aerial Photo
• Application and Letter
• Area Photos
• GIS Map
• Notice Letter
• Notice Map
• Site Photos
• Site Plan Survey
• Zoning Exhibit
ACTION: Approved Denied Tabled