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Irving homeowner’s unauthorized backyard carport divides Board of Adjustment; hearing postponed
Summary
At an Irving Board of Adjustment hearing, homeowner John Strickland acknowledged installing a small, one-sided carport without permits; the board failed to reach the 4-of-5 vote required to approve a special exception, voted to reconsider and then to keep the public hearing open so the applicant can provide additional evidence.
John Strickland, an Irving homeowner, told the Board of Adjustment he installed a small, one-sided carport at his 2011 Bridal/Brad Street property without seeking city approvals to protect vehicles and assist family members who visit with walkers and canes.
Strickland said the original one-car garage on the lot was removed years ago and that the side driveway and unimproved alley do not provide reliable egress to covered parking. “I did it without getting any approvals,” he told the board, describing the carport’s footers (about 40 bags of concrete) and saying he chose a single-post structure so it would not encroach on neighboring property.
The special-exception request drew both technical questions from board members and a supportive public comment. Neighbor Carol Cook told the board the structure is small, attractive and not obtrusive: “It’s not an eyesore, it does not block anything,” she said, urging the board to allow the carport to remain.
Staff and board discussion focused on which standard applies and on the supporting evidence in the staff report. Staff reminded the board that this was being considered as a special exception and directed members to the seven criteria in the packet. Board members pressed whether reasonable-accommodation procedures or the city’s variance/hardship standard applied; staff said reasonable-accommodation requests are handled through a different process and typically apply to an occupant’s documented disability.
When members voted on a motion to approve the special exception, the tally was three in favor and two opposed. Staff noted the Unified Development Code requires four of five votes to approve a special exception, so the motion failed. After debate about appeals and reconsideration, the board voted to reconsider the item and then to keep the public hearing open and postpone the case to the next available Board of Adjustment meeting so Strickland could submit additional evidence on egress, dimensions and the condition of the backyard and alley.
Staff explained appeal and timing options: an applicant may appeal a board decision to district court within 10 days, and the Unified Development Code includes a one-year waiting period before the same property may present the same request again. Board members and staff also discussed that code language and packet references (staff cited document pages and criteria) will be part of the record for the rehearing.
Next steps: the public hearing for special exception case 2026136-BOA was left open and postponed to the board’s next available meeting; the applicant said he would return with clearer photos and measurements to address what he described as errors in staff’s checklist.
