Commission recommends special-use permit for large accessory structure at 2906 Toller Drive with code conditions

The Rowlett Planning and Zoning Commission on July 22 recommended that the City Council approve a special‑use permit allowing an accessory structure larger than 500 square feet at 2906 Toller Drive, after hearing staff analysis, neighbor comments and testimony from the property owner.

Planner Liliana Morjon told commissioners the lot is about 0.86 acres in the SF‑10 district and the accessory structure on site was built at roughly 1,400 square feet. Morjon said the district’s lot‑coverage standard is controlled by a 35 percent rear‑yard threshold and that the property’s existing impervious surfaces and structures were included in staff’s review. She noted that building and fire‑safety review remains outstanding and that the applicant may need to remedy specific code discrepancies during building‑permit review.

Senior planner Michael King said the applicant had a slab permit and poured the slab, then constructed the building without a building permit; the building does not fully match the submitted plans and the applicant was cited. "He went ahead and applied for a building permit wherein he learned he needed to get an SUP before he could get a building permit," King said. King told the commission that resolving the discrepancy could require reconstructing part of the slab, having an engineer certify it and re‑placing the building.

Owner Rajdine Samia told the commission he obtained a slab permit and believed the inspection cycle allowed him to proceed; he said he stopped work when told the permit was on hold and has documented inspections and photos. "I had a permit for the slab ... I put the building up," Samia said, adding he will work with staff and the contractor to address deficiencies and will widen the driveway the required additional foot or two if needed.

Neighbors offered mixed views during public comment. Carrie Eden, a Toller Road resident, said she was confused about how the building was constructed without permits and opposed the request pending clearer answers about use and numbers of vehicles. Janine Wynn, who lives adjacent at 2910 Toller Road, said the owner had improved a previous eyesore and urged support. Marsha Blumhart, who said she has lived on Toller Road since 1993, urged enforcement of city rules and expressed concern about setting a precedent if exceptions are allowed.

Commissioner Williams moved to recommend approval of the SUP with the condition that the structure meet building‑code spacing requirements (minimum 10 feet between buildings unless walls are fire‑rated), the driveway meet required width standards, and the slab meet applicable engineering and permit requirements. The motion was seconded and the commission recorded the motion as passing; the record shows staff and commissioners expect final code compliance will be determined through the building‑permit process and that nonconforming work may need corrective action before final permits are issued.

The Planning and Zoning Commission’s recommendation will be forwarded to the City Council, which has final authority on the special‑use permit.