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Planning commission approves two variances for 1108 Cervantes Street

January 03, 2025 | Victoria City, Victoria County, Texas


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Planning commission approves two variances for 1108 Cervantes Street
Victoria City Planning Commission voted Oct. 17 to grant two variances affecting 1108 Cervantes Street, including a retroactive variance for a manufactured home that encroaches roughly 6 to 7 feet into the lot’s platted front-yard setback and a separate variance allowing a new carport to encroach on the platted setback.

The variances follow a staff review and site inspection that found the manufactured home sits inside the 20-foot front-yard setback recorded on the lot’s 2021 replat. Planning staff told the commission that the home’s placement may have resulted from measuring to an old property line rather than to the newly platted cul‑de‑sac dedication. Rick (planning staff) said, “Staff recommends denial of the variance request to allow the approval and issuance of the building permit to construct a carport,” and that staff nonetheless recommended approval of a variance to legalize the existing manufactured-home encroachment because moving the home would impose a “significant cost to the applicant.”

Resident Devina Ussery, who lives at 1108 Cervantes Street, told the commission she doubted the cul‑de‑sac would ever be built and said the platting removed land only from her lot. “Not allowing me to have a carport because of this proposed cul de sac that’s been there for over 30 years... I think is a little far fetched,” she said.

Commissioners discussed the history of the platting and the lack of development on the opposite side of the street. Several commissioners said the situation appeared to be an error that occurred before current staff and that the planned cul‑de‑sac has not been constructed. After discussion the commission voted to approve a variance legalizing the manufactured-home placement and then to approve a separate variance permitting the proposed carport to encroach the platted setback. The record shows the commission approved both motions by voice vote; the meeting minutes record the motions as passed.

Staff had noted that the applicant’s building-permit application for the carport originally lacked sufficient plotting information to demonstrate compliance with platted building lines and that allowing new encroachments could affect orderly development by establishing new reduced building lines for surrounding properties. The commission’s approval reverses staff’s recommendation on the carport permit and permits the applicant to proceed with a building-permit application that conforms to the commission’s action.

The planning commission did not record a roll-call vote with member names in the hearing record. The two variances now stand as approved; the applicant may pursue a building permit consistent with the commission’s decisions.

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