The Edinburg City Council on July 15 voted to deny a developer request to reduce required right‑of‑way from 50 feet to 40 feet and to omit a south‑side sidewalk in the proposed Morningstar Gardens subdivision.
The request, presented by engineer Marlon Garza on behalf of the property owner, proposed a 40‑foot right‑of‑way with the required 32‑foot back‑to‑back pavement width and a single sidewalk on the north side because the developer said there will be no lots on the south side of the road. Garza said utility routing constraints — specifically separation requirements for water and sewer lines — made a narrower overall right‑of‑way the practical solution for the site, and that a 15‑foot utility easement would accommodate the lines while keeping the pavement width required by the city.
Resident Fern McClarty raised safety concerns, pointing to recent news reports of emergency vehicles unable to pass when streets become congested. “Do you ever think about the fire trucks? I keep telling y’all, the fire trucks are big,” she told the council.
City staff opposed the variance request, citing the risk of establishing a precedent that could lead other applicants to seek similar reductions and erode the UDC’s design standards. Staff also noted sidewalks on both sides are generally required to accommodate future development.
Planning & Zoning recommended approval by a 5‑0 vote; staff recommended denial to the council. During discussion council members noted alternatives such as narrower pavement or modified lot layouts but expressed reluctance to alter the right‑of‑way standard without broader policy consideration. A motion to deny the variance passed by voice vote.
The developer was told they may rework the layout — for example by changing lot dimensions or pavement width — and return to the city with a plan that meets the standards or seeks a different variance. Council members discussed possible compromises, including a 45‑foot right‑of‑way with the south‑side sidewalk removed, and asked staff and the applicant to continue discussions if the developer wants another hearing.