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Irving Board fails to reach required majority on variance for 2626 Duet Street
Summary
The Board of Adjustment considered a variance for 2626 Duet Street (Mario Luna and Helia Mataroras). With no one present to speak, a motion to deny the variance (which would require removing the covered patio while allowing the concrete pad to remain) did not carry because it failed to reach the 4-of-5 vote threshold.
The Irving Board of Adjustment reviewed variance case 22026145-BOA, listed for property at 2626 Duet Street. No applicant or representative spoke at the hearing.
A board member moved to deny the variance, and staff clarified that a denial would require removal of the covered portion of the patio while allowing the concrete pad to remain. When the motion was called, the board’s vote did not meet the four-of-five threshold required for the action; the motion failed with a 3–2 tally and no final removal order was issued.
Because the case involved no on-the-record testimony, the board’s failure to reach the supermajority left the matter without a binding decision to remove the covered patio. Staff noted how threshold requirements operate under the Unified Development Code and that code-enforcement remedies remain an option if the structure remains in violation of the code.
Next steps: With no final board order to remove the structure, further enforcement or a new application would follow the city’s procedures; the transcript did not record a rehearing schedule for this case.
