Mesquite Board of Adjustment approves two oversized garage exceptions, 4-0

The Mesquite Board of Adjustment voted unanimously May 22 to approve two special exceptions allowing oversized accessory structures, granting a 995-square-foot garage at 1613 Possum Fire Trail and a 1,680-square-foot accessory building at properties on Wilkinson Road.

The Board, chaired by an unnamed chair in the record, approved the item for 1613 Possum Fire Trail (case BOA04250465) after staff planner Tiara Clark described the request as a rear four-car garage that would exceed the 500-square-foot accessory-structure limit by 495 square feet. Clark told the Board staff recommended approval. "The applicant is proposing a 4 car garage...and staff is recommending approval of his request," Clark said.

The second approval (case BOA04250466) concerned two Wilkinson Road parcels where the applicant proposed a 1,680-square-foot accessory structure — 1,180 square feet over the 500-square-foot standard — and an increase in height to approximately 22 feet. Johnson Cervantes of the Planning and Zoning Division explained that the applicants intend to replat roughly 30 acres to adjust boundary lines and that the accessory structure would be roughly 15% of the rear yard and about 6% of the total newly-platted lot area. "Because they're adjusting the boundaries of this property...the accessory structure is only gonna be roughly...6% of the total lot that they plat," Cervantes said.

During public comment, nearby resident Kurt Bockstoffer asked whether the proposed Wilkinson Road structure would be visible over his back fence; staff pulled up an aerial map and indicated the proposed location. Applicant Mark Stoddard told the Board he had a surveyor's letter confirming the plat had been completed and would be submitted to the city in June and said he had no objection to a condition that the property be platted "substantially in compliance with the concept plan that was submitted with the application." "No problem with that. That is exactly true what happened," Stoddard said.

Applicant Henry Diaz, speaking on the Possum Fire Trail item, said the garage is intended to protect family vehicles including heirlooms, and cited worsening weather as a reason for enclosed storage. Diaz offered photographs to the record. "It's not only just my vehicles...it's my family's vehicles," Diaz said.

Board members moved and seconded separate motions for each uncontested public-hearing item, as staff recommended. For item BOA04250465 the motion passed 4-0 with Williams, Augustine, Aiken and Earhart recorded as voting "Yes." For BOA04250466 the Board approved the special exception 4-0 and included a condition that the property be platted substantially in compliance with the submitted drawings.

Earlier in the meeting the Board approved the consent agenda by the same 4-0 margin. Staff also noted agenda item 5 will be re-noticed to the June meeting because of an error on the agenda, and reminded the Board the next scheduled meeting is June 26.

Votes at a glance - BOA04250465 (1613 Possum Fire Trail): Special exception to allow a rear accessory structure totaling 995 sq ft; motion approved 4-0 (Williams, Augustine, Aiken, Earhart — Yes). Mover: Board member Augustine; Second: Board member Williams. Condition: none beyond standard filing/permit timelines specified in ordinance. - BOA04250466 (2032 & 2300 Wilkinson Road): Special exception to allow an accessory structure totaling 1,680 sq ft and increased height; motion approved 4-0. Mover: Board member Williams; Second: Board member Augustine. Condition: property to be platted substantially in compliance with the submitted concept plan.

What the approvals mean - Mesquite zoning rules ordinarily limit accessory structures to 500 sq ft and other proportional limits (for example, not more than 35% of the rear yard or 10% of the total lot area). Staff noted proposed structures exceed the 500-sq-ft cap but fall well under those percentage-based guidelines once the property boundaries are adjusted. - The Board's decisions are not final until filed in the Board's office and, as Chair noted, approvals for special exceptions typically expire 180 days after filing unless a building permit, approved site plan or certificate of occupancy is issued; applicants may request an extension but the Board may not grant more than 365 days.

Next steps - Staff confirmed item 5 will be re-noticed to the June BOA meeting. The Board's next scheduled meeting is June 26; staff asked members to notify the office if they cannot attend so a quorum can be ensured.

(Reporting by City of Mesquite Board of Adjustment meeting transcript.)