Commission approves subdivision variance and final plat to create three lots at Pecan Creek; staff recommended based on existing access pattern

The commission on Sept. 24 voted unanimously to approve a subdivision variance and the matching final plat for a property identified as Lots 1'3, Block A, 697 Pecan Creek addition, a roughly 11.2-acre tract in Denton's extraterritorial jurisdiction.

Staff (Matt Bodine, assistant planner) recommended approval of the variance to allow more than three residential lots to take access from an existing private access easement. Bodine said there is a long-standing pattern of development in the area: nine lots already take access from the same private easement and the easement crosses multiple property lines. Staff found that granting the variance would not be detrimental to public safety and that the current lot configuration predates the 2019 code requirement, satisfying the code's hardship and non-owner-action considerations.

The variance criteria cited by staff were: that approval would not be detrimental to the public; that a peculiar development pattern in the area created the hardship; that the variance does not conflict with the city's guiding documents; and that the condition leading to the request was not a result of the property owner's actions. Commissioners noted the parcel's irregular lot shapes and asked why the owner preferred the current layout; staff and the applicant said the owners wanted to preserve an existing well on a residential lot and to meet an agricultural-exemption continuity requirement for the agricultural lot.

Commissioner McDuff moved to approve the variance; Commissioner Garland seconded. The motion passed unanimously.

After approving the variance, the commission approved the related final plat for Lots 1'3, contingent on the variance approval. Staff reiterated that the final plat approval is largely ministerial when it meets the code standards and that the variance approval enabled staff to recommend the plat.

The commission record shows the vote to approve the variance and the final plat as unanimous. Staff also noted a reservation for future right-of-way for a primary arterial per the Denton Mobility Plan as part of the plat.

Commissioners and staff emphasized that public notification for subdivisions and final plats is different from rezonings: for subdivision variances and final plats, staff said mailed public notice is not required for this type of variance and plat approval, and the commission received no mailed objections during its process.