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Council approves special-use permit for oversized accessory structure despite planning commission denial
Summary
Council approved a specific-use permit allowing an accessory structure exceeding 700 square feet at an SF-2 property (owners cited as David Berryman and Barbara Snyder); staff recommended approval subject to conditions including replatting to remove an unused easement, while the Planning & Zoning Commission had recommended denial 5–2.
The council conducted a public hearing on a specific-use permit (ZDC 1502025) for an accessory structure exceeding 700 square feet at a single-family property listed in the record as 303 Kervin Avenue (staff remarks referenced the address 3303 Curban Avenue). Staff advised the council that the structure sat on an easement that staff found to be unused and that approval should be conditioned on replatting to remove that easement from the recorded plat.
Planning & Zoning had recommended denial by a 5–2 vote. At the podium, Kevin Tidwell (who said he grew up in Waxahachie) told the council the proposed structure would be wood, historically compatible with nearby houses, and consistent with other backyard structures in the neighborhood. A councilmember moved to approve the special-use permit subject to staff conditions; a second followed and the motion carried on a voice vote.
Key details and conditions: staff recommended approval provided the applicant replatted to remove an unused easement and meet other conditions listed in the staff report. The record includes inconsistent address references for the property (the meeting record refers to both 303 Kervin Avenue and 3303 Curban Avenue); the council’s approval included the staff conditions noted at the hearing.
Quotes
"It is consistent with other structures in the neighborhood," Kevin Tidwell said in support of the permit application.
Ending
The council approved the special-use permit by voice vote and authorized the mayor and city manager to execute documents required to implement the decision. Planning staff will follow up to ensure the required replat is recorded as a condition of approval.
