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Terrell ZBA approves variance to split two East Nash lots into three over board objections
Summary
The Terrell Zoning Board of Adjustments voted 3-2 to grant a variance allowing two lots at 905 and 903 East Nash to be replatted into three narrower lots. Staff recommended approval; several board members questioned whether the applicant had demonstrated a hardship.
The Terrell Zoning Board of Adjustments voted 3-2 June 2 to grant a variance that will allow two parcels at 905 and 903 East Nash Street to be replatted into three lots with a requested lot width of 53.5 feet each.
The variance was requested to Section 20.2 (townhouse/single-family requirements) of the city zoning ordinance that sets minimum lot-size and lot-width standards for the zoning district. City planning staff presented the case for applicant Santiago Aguilar and recommended approval.
“Applicant is Santiago Aguilar. Location, 905 East Nash Street, City Of Terrell…This applicant is requesting a variance to section 20.2 dash a 0.2 of the zoning ordinance,” the city planner said. The planner added, “The staff recommends the granting of this variance to each lot.”
The board discussion centered on whether the applicant had shown a qualifying hardship. One board member questioned why the owner would split two lots that currently could be developed into two homes and then seek a variance to create a third, calling it a “self imposed hardship.” That member told colleagues: “It becomes a self imposed hardship when you're combined when you're splitting those 2 lots up to get 1 extra home.”
City staff responded that the properties, as proposed, would still have to meet the applicable building-zone standards and setbacks under the 7.5 zoning designation. The planner told the board the proposed homes would meet side- and front-yard setback requirements unless the builder later seeks a separate setback variance.
After discussion, a motion to approve the variance passed on a 3-2 vote. No individual board member names were recorded in the meeting transcript for the motion, second or individual votes beyond the tally.
The variance will permit the property owner to create three narrower lots at the East Nash address; staff noted the existing zoning standards the lots must meet during future permitting. The board did not record additional conditions tied to the approval in the hearing.
