HomeMy WebLinkAboutBoAOrder 2021-002ORDER OF THE BOARD OF ADJUSTMENT
OF THE CITY OF ANNA
ORDER NO. 2021-002
WHEREAS, the Board of Adjustment of the City of Anna, Texas, held a duly noticed public hearing
at 6:30 p.m. on the 29th day of September, 2021, to consider the application of Ted Hoyt, who sought
a variance from the applicable 25' rear -yard setback restrictions in the Anna City Code of Ordinances,
Article 9.04 ("Zoning Ordinance") located at 3003 Crossing Drive, City of Anna, Collin County, Texas
as more specifically described as Lot 23, Block A, Urban Crossing; and
WHEREAS, the request is for an 11' rear -yard setback (1 4'variance) for a Guest House: and
WHEREAS, the aforementioned applicant was provided notice of and was present at the public
hearing for the duration of the hearing; and
WHEREAS, after due consideration and discussion it appears and the Board finds based on the
evidence and arguments presented during the above -referenced public hearing that the evidence:
(1) [Demonstrates / fails to demonstrate] that any special conditions or circumstances --apart
from those self-imposed by the applicant and/or the applicant's contractor —exist which are
peculiar to the land, structure or building involved and which are not applicable to other lands,
structures, or buildings in the same district;
(2) [Demonstrates / fails to demonstrate] that a literal interpretation of the applicable provisions of
the Zoning Ordinance would deprive the applicant of rights commonly enjoyed by other
properties in the same district under the terms of the Zoning Ordinance;
(3) [Demonstrates / fails to demonstrate] that special conditions and circumstances did not result
from the actions of the applicant and/or the applicants contractor;
(4) [Demonstrates / fails to demonstrate] that granting the variance requested would not confer
on the applicant a special privilege that is denied by the Zoning Ordinance to other lands,
structures or buildings in the same district;
(5) [Demonstrates / fails to demonstrate] that a literal enforcement of the Zoning Ordinance
would result in unnecessary hardship; and
(6) [Demonstrates / fails to demonstrate] that denial of the variance is inconsistent with the spirit
of the Zoning Ordinance and does not confer substantial justice;
NOW, THEREFORE, BE IT ORDERED BY THE BOARD OF ADJUSTMENT OF
THE CITY OF ANNA, TEXAS:
Section 1. That all of the above premises and statements are found and determined to be true and
correct and are incorporated into the body of this Order as if copied in their entirety.
Section 2. That the request of the Applicant for this Board to grant a variance from the Zoning
Ordinance as further described in this order is hereby [DENIED / GRANTED].
IF GRANTED WITH CONDITIONS OR GRANTED IN PART, THE CONDITIONS AND/OR
PARTIAL GRANT SHALL BE AS FOLLOWS:
Section 3. That the decision of the variance request was passed by a �_ vote of the
Board of Adjustment of the City of Anna.
DULY PASSED AND ADOPTED by the Board of Adjustment of the City of Anna, Texas, on the 29th
day of September 2021.
If
�:F%Yt --L-ly[* , Chairman
Board of Adjustment, City of Anna, Texas
ATTESTED:
Nader Jeri, Recording Secretary Board of
Adjustment City of Anna, Texas
This order was filed for record in the Boards office on the 30th day of September 2021.
Nader Jeri, Recording Secretary
Board of Adjustment City of Anna, Texas