HomeMy WebLinkAboutBoAOrder 2022-001ORDER OF THE BOARD OF ADJUSTMENT Page 1 of 2
ORDER OF THE BOARD OF ADJUSTMENT
OF THE CITY OF ANNA
ORDER NO. 2022-001
WHEREAS, the Board of Adjustment of the City of Anna, Texas, held a duly noticed public hearing
at 6:30 p.m. on the 14th day of September 2022, to consider a variance pertaining to the required
fence setback of the side yard along a street for a Key lot restrictions in the Anna City Code of
Ordinances, Article 9.04 (“Zoning Ordinance”) located at 205 Hardwood Trail, City of Anna, Collin
County, Texas as more specifically described as Lot 14, Block C, Villages of Hurricane Creek; and
WHEREAS, the request is for constructing a 6’ (six feet) privacy fence within the building setback of
the side yard along a street for a key lot; 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].
ORDER OF THE BOARD OF ADJUSTMENT Page 1 of 2
IF GRANTED WITH CONDITIONS OR GRANTED IN PART, THE CONDITIONS AND/OR
PARTIAL GRANT SHALL BE AS FOLLOWS:
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Section 3. That the decision of the variance request was passed/denied 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 14th
day of September 2022.
APPROVED:
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_________________________, 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 15th day of September 2022.
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Nader Jeri, Recording Secretary
Board of Adjustment City of Anna, Texas