Title
Conduct a Public hearing to Consider/Discuss/Act on the request by Owner Peter Knight, to Consider/Discuss/Act on the Appeal of the Building Official’s decision regarding a violation of the Zoning requirement under their PD, which requires a 20 foot rear setback for this SF-2 tract. The applicant is requesting to reduce the rear yard setback from the required 20 feet to 14 feet in order to construct an attached covered patio. This request is on the property located at 10316 Flat Creek Trail, Lot 28 of Block H of the Reserve at Westridge Phase 1B Addition to the City of McKinney, Texas.
Summary
BOARD OF ADJUSTMENT CASE NUMBER: BOA 2025-0038
MEETING DATE: October 15, 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: SF-2/PD
EXISTING CONDITIONS: This lot has an existing home on it, constructed around 2008. The existing covered rear patio is about 33 square feet, according to tax records. There is an additional uncovered patio.
ITEM SUMMARY: Per the applicant, the existing patio does not meet his family’s needs. He is seeking to build a covered patio across the back of the house extending 10 feet and six inches from the back wall of the house. The site plan provided shows it to be 13 feet and 6 inches from the back fence. On April 24th, 2025, the applicant applied for a building permit for this patio. It was reviewed and denied. He resubmitted in July. It was reviewed and denied again July 30th, 2025. If a patio of the proposed size was detached, it could be as close as 5 feet to the rear property line.
VARIANCE REQUESTED:
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ZONING ORDINANCE REQUIREMENTS |
VARIANCE REQUESTED |
VARIANCE |
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|
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20’ rear setback |
14’ rear setback |
30% |
APPLICANT’S BASIS FOR VARIANCE: See description on the BOA application.
PUBLIC SUPPORT/OPPOSITION OF REQUEST: 43 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:
BOA2025-0038 - 10316 Flat Creek Trail - Packet to include:
• Application
• Application Letter
• GIS Map
• HOA Letter
• Notice Letter
• Notice Map
• Plans and Elevations
• Site Plan/Survey
• Zoning Exhibit
ACTION: Approved Denied Tabled