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Commission approves subdivision variance for ETJ property; final plat follows after variance
Summary
The Planning and Zoning Commission approved a variance to allow more than three residential lots to use a private access easement for a 9.64‑acre tract in Denton’s ETJ, then approved the associated final plat after the variance passed.
The Denton Planning and Zoning Commission on March 19 approved a subdivision variance and the linked final plat for a 9.64‑acre property in the city’s extraterritorial jurisdiction, permitting more than three residential lots to take access from a private access easement.
City staff said the parcel is approximately 9.64 acres and the proposed final plat would divide the tract into three lots. The applicant requested a variance from the Denton Development Code provision that limits private access easement use to three single‑family detached dwelling units; staff recommended approval, citing a longstanding pattern of development and existing homes that predate the current code.
Matt Bodine, assistant planner, told the commission the property’s access configuration had been recorded in county records since at least 1987 and that at least five nearby lots already rely on the same private easement. Denton County’s fire marshal reviewed the proposal and reported no issues, staff said. Given those conditions, staff concluded the variance would not be detrimental to public safety and recommended approval.
Commissioners voted to approve the variance by a recorded 3–1 vote. After the variance passed, the commission considered the tied final plat; because the variance had been granted, staff recommended approval of the associated final plat, and the commission approved that final plat by a recorded vote of 4–0.
During discussion, commissioners asked about the original justification for the three‑lot limit in the subdivision regulations and whether emergency response or future development could be affected. Staff said the three‑lot limitation was part of Subchapter 8 of the Denton Development Code and that the county fire marshal and Denton County staff had been consulted on emergency access. Staff also noted the plat includes a future right‑of‑way easement to preserve a corridor identified in the city’s mobility plan.
The commission’s action allows the applicant to proceed with platting under the terms approved and does not change the development code; it is a variance granted for this site’s specific, preexisting conditions.
