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Board approves 6-foot height variance for accessory building at Pine Valley Drive property
Summary
The Board of Adjustment granted a variance allowing an accessory building to be 26 feet tall — 6 feet above the 20-foot limit — at a 2.7-acre property on Pine Valley Drive after hearing the applicant cite lot shape and historical approvals.
The Flower Mound Board of Adjustment approved a height variance to allow an accessory building to reach 26 feet at a Pine Valley Drive property.
Staff presented BOA-25-0052 and told the board the request was for a variance from Section 98-1032(e), which limits accessory buildings to 14 feet with an exception up to 20 feet in single-family estate (SFE) and agricultural districts. Staff said the site is zoned interim holding and that interim holdings follow agricultural provisions in the code; the lot size for the property is 116,261 square feet (about 2.7 acres) and there were no prior variances.
Applicant Greg Krause said he combined two lots in 2008 to create a 2.7-acre parcel and originally submitted plans in 2014 that included multiple structures. He said construction began on the accessory building later, but the town’s plan-review process treated the top dimension as a parapet and did not account for the measured height; when staff recalculated the built height it exceeded the 20-foot accessory-building limit. Krause said the accessory building had been designed to match an adjacent dwelling’s height and that converting the structure to a compliant 20 feet would be structurally and financially impractical. He also said Tour 18 HOA design review approved the aesthetics of the structure.
Board members discussed the special-circumstances standard, the fact that the building had been permitted and constructed under an administrative error, and concerns about precedent. Staff explained the difference between an accessory dwelling (which could reach 35 feet if sited behind the primary dwelling) and an accessory building (20-foot limit) and said the applicant had been required to convert the plan to an accessory building because the lot configuration did not allow required setbacks for an accessory dwelling.
After discussion a board member moved to grant the variance. Roll-call votes were recorded as follows: Board member Bean — aye; Board member Seeley — aye; Chair Jones — aye; Vice Chair Shea — aye; Board member Freaney — aye. The motion carried 5-0.
The variance authorizes a six-foot height increase above the 20-foot accessory-building limit (to 26 feet). The board did not attach additional conditions at the time of the vote; the applicant will proceed through standard permitting and inspections for final compliance.
