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Commission recommends denial of accessory-dwelling permit at 303 Mackenzie Street
Summary
Planning staff recommended denial after finding an unpermitted accessory dwelling that does not meet setbacks; the commission moved to recommend denial and the motion carried.
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The Waxahachie Planning and Zoning Commission on April 15 voted to recommend denial of a specific-use permit for an accessory dwelling unit at 303 Mackenzie Street.
Planning staff reported the ADU already exists and was built without permits, does not meet the city’s 5-foot setback requirement, and that the site plan submitted to the city did not match the structure’s actual size and shape. Staff said the proposed accessory dwelling is about 630 square feet; the primary home is approximately 1,587 square feet and the lot is about 0.1794 acres. Staff recorded two letters of support and two letters of opposition as well as an additional letter of support submitted after the packet was posted, and recommended denial.
Owner Alfredo Rojas addressed commissioners and said he bought the property in 2020, initially lived there and later left for work; he said he permitted a shed but did not obtain all required permits for the larger add-on. Rojas said his original intent was to house his elderly parents in the unit and that he had not occupied the unit continuously. During review, city code enforcement visited the property and contacted a tenant at the primary structure; staff said the house is currently claimed as a homestead.
The commission closed the public hearing and a commissioner moved to recommend denial of ZDC-34-2025, the specific-use permit for an ADU. Another commissioner seconded; commissioners voted in favor of denial and the motion carried. The recommendation will be forwarded to City Council for final action.
