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Irving board fails to approve homeowner's petition to keep unpermitted carport after split votes
Summary
The Irving Board of Adjustment split 3-2 on whether to grant a special exception/variance for a carport a homeowner installed without permits; the vote fell short of the 4-of-5 approval threshold, and the applicant was told he may appeal to district court within 10 days.
John Strickland, the owner and applicant for a property at 2011 Bridal Brad Street in Irving, told the Board of Adjustment he installed a small carport without permits after concluding the property's narrow alleyway and a dilapidated former garage made safe covered parking impractical.
Strickland said he has lived in Irving for 31 years and told the board, “I did it without without getting any approvals,” adding that the carport’s footers are heavily set and the structure was installed to protect vehicles and aging family members who visit his home. Neighbor Carol Cook testified she lives behind the property and said the structure is “not an eyesore” and does not impede views.
Board members debated whether the structure met the Unified Development Code’s carport definition and whether the matter should be reviewed as a special exception or under a hardship/variance standard. Staff pointed the board to the packet (PDF page 37) listing seven criteria the board must consider for special-exception requests and noted that reasonable-accommodation requests for disability typically follow a separate process. Board members also discussed documentation in the file that referenced disabled children associated with the property; staff said reasonable-accommodation relief would be handled through a different procedure.
After multiple motions and a reconsideration, the board recorded a final tally of 3-2 on the applicant’s request. Under the board’s rules for this item, a 4-of-5 affirmative vote was required to approve the special exception/variance, so the request failed. Staff advised Strickland that he may file an appeal to district court within 10 days; staff said an attorney is not required but may ease the process.
The board’s deliberations also highlighted procedural confusion during the meeting over motion language, reconsideration and the applicable standard (special exception versus hardship/variance). The board adjourned after concluding there was no further business on the docket.
Next steps: the applicant may seek review in district court or pursue alternative administrative relief; the transcript records that appeal information and the 10-day window were communicated by staff.
