Title
Conduct a Public hearing to Consider/Discuss/Act on the request by Owner Tim Allen, to Consider/Discuss/Act on the Appeal of the Building Official’s decision regarding a violation of UDC Article 2, Section 206 A, requiring two canopy trees, including a canopy tree in the front yard, on all single-family properties in this zoning district. The applicant is requesting not to be required to plant one required tree that is presently absent from the front yard. This request is on the property located at 708 Setting Sun Trail, Lot 12 of Block F of the Greens of McKinney Phase 2 Addition to the City of McKinney, Texas.
Summary:
BOARD OF ADJUSTMENT CASE NUMBER: BOA 2024-0023
MEETING DATE: January 8, 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: PD 04-07-077 Residential
EXISTING CONDITIONS: This lot is on Setting Sun Trail. According to aerial photos, there appears to have previously been a tree in the front yard.
ITEM SUMMARY: A canopy tree was removed at an unknown time. McKinney Code Compliance investigated a complaint about the missing tree on June 28th, 2024, and subsequently issued a notice of violation requiring the homeowner to comply with the UDC Landscape Ordinance by planting the missing tree. The City received this application for a variance on November 25, 2024.
VARIANCE REQUESTED:
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ZONING ORDINANCE REQUIREMENTS |
VARIANCE REQUESTED |
VARIANCE |
|
|
|
|
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Canopy tree in front yard |
No tree |
100% |
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. 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:
BOA 24-0023 - 708 Setting Sun Trl. - Packet to include:
• Zoning Exhibit
• GIS map of subject property and surrounding houses
• Board of Adjustment (BOA) Application
• Code Compliance Notice and exhibits
• Site photos
• Newspaper notice and 200’ notice with Locator Map
ACTION: Approved Denied Tabled