The Rockwall City Planning and Zoning Commission recommended denying a specific-use permit for an accessory structure at 24 Shadydale Lane after neighbors raised strong objections and staff documented multiple unpermitted accessory buildings nearby.
Henry, the city planner, told the commission staff had issued a notice of violation and two citations after the 240-square-foot structure was built without a permit. Staff said the structure likely is under the 15-foot maximum height but exceeds the permitted square footage for accessory buildings. Henry also reported staff surveyed nearby properties and found six of 57 nearby properties had an accessory structure (four of which were unpermitted) and the largest previously observed was 130 square feet.
Neighbor Margie Kirk, who said she lives about half a block from the property, told the commission: “None of us were consulted about this. He just moved it in…We don't want to get these structures started in our neighborhood.”
Commissioners balanced property-owner rights against neighborhood concerns. Several commissioners said they found the size and the fact the structure was already constructed without a permit troubling. Chair moved to deny the SUP without prejudice to allow the applicant to work with neighbors and potentially resubmit; Commissioner Brock seconded. The commission recommended denial without prejudice (motion carried by the record). The final decision will be made by Rockwall City Council at its Nov. 17 meeting.
What’s next: if the council denies the SUP with prejudice, the applicant would be barred from filing the same request for one year; a denial without prejudice allows immediate resubmittal after revisions. Staff noted that if the building is approved later, it must be placed on a concrete foundation and moved to meet setback lines when the applicant obtains a permit.