The City of Keller Planning and Zoning Commission on Aug. 12 deadlocked 3-3 on a request for a special-use permit (SUP) that would allow an accessory building at 1611 Knox Road to be enlarged by 550 square feet, raising the structure’s total size to 1,325 square feet and its average height to 17 feet 6 inches.

The application, presented at the public hearing by city staff, proposed three SUP waivers: (1) allowing the accessory structure to exceed 1,200 square feet in an SF-36 zoning district; (2) permitting an average height above the 15-foot limit; and (3) allowing the combined area of accessory structures to exceed 50% of the main home. Staff reported five letters from six addresses opposing the SUP; within the 200-foot notification buffer opposition amounted to 36 percent.

The dispute centered on aesthetics and how the building would be used. Applicant Daniel Allers, who owns the property at 1611 Knox Road, told commissioners the ground floor would store a boat and some equipment and the second floor would be an art studio for his daughter. Allers said he had applied for a building permit for a new primary home earlier the same day and that the planned primary home would be roughly 5,300 square feet, which would address the accessory-structure-to-main-home ratio but would not remove the square-footage or height SUP triggers.

Ethan Flanders, a city planning staff member, reviewed the zoning code standards cited by staff. He said the Unified Development Code (UDC) requires accessory buildings to total less than 50 percent of the main structure unless an SUP is approved, sets a 1,200-square-foot maximum for accessory buildings in SF-36, and limits average height to 15 feet. Flanders also said a previous code case had resulted in a retroactive residential detached accessory (RDA) permit for the existing shop after staff issued a stop-work notice and the owner obtained a building permit.

Several commissioners voiced concern about the building’s appearance and compatibility with the neighborhood. Commissioners who opposed the recommendation cited multiple neighbor opposition letters and said the metal exterior and elevation did not blend with nearby homes. Commissioners who supported the request cited the applicant’s plans to build a new house and noted the accessory building’s color and location reduced visual impact.

A motion to recommend approval of the SUP failed on a 3-3 vote. The Planning and Zoning Commission is a recommending body; the SUP application will be forwarded to the Keller City Council for final consideration on Sept. 2. No amendments to the application were adopted by the commission.

Staff noted that even if the applicant’s new home is permitted and constructed, the accessory-structure-square-foot and average-height SUP triggers would remain and require council action.