Hearing:
Conduct a Public hearing to Consider/Discuss/Act on the request by Owners Joseph Skotnik & Katherine Robinson, to Consider/Discuss/Act on the Appeal of the Building Official’s decision for the consideration of a variance to the zoning ordinance corner fence setback requirement of 7 feet to allow a 6 foot wood fence to be constructed at the side property line at 7901 Boulder River Trail, Lot 9 of Block N of the Craig Ranch North Phase 10 Addition to the City of McKinney, Texas.
Summary:
BOARD OF ADJUSTMENT CASE NUMBER: BOA 23-02
MEETING DATE: October 11, 2023
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: PD2001-02-017
EXISTING CONDITIONS: This lot is at the corner of Boulder River Trail and Sunglow Trail. The existing wood fence complies with the required street-side setback, which is 7 feet in this area.
ITEM SUMMARY: The applicant is seeking to construct a new 6 foot tall wood fence at the side property line adjacent to Sunglow Trail. In accordance with Article 7, Section 704 (B), of the Unified Development Code, side fences on corner lots must meet the required front yard setback, which is 7 feet for a solid wood fence over 4 feet in height. The applicant submitted plans for a building permit (FENCE2023-06-00203) on June 26, 2023, which was reviewed and denied on July 6, 2023, because of the noncompliant side fence setback. The city received this application for a setback variance on September 18, 2023.
VARIANCE REQUESTED:
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ZONING ORDINANCE REQUIREMENTS |
VARIANCE REQUESTED |
VARIANCE |
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Side Yard Fence Setback - 7’ |
0’ |
7’ |
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.