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Fulshear OKs rear-setback variance for triangular FM 359 lot over church and traffic concerns
Summary
The zoning board unanimously approved a request to reduce a 25-foot rear setback to 5 feet for a triangular lot on FM 359, despite concerns from nearby church leaders and residents about traffic, access and future Main Street expansion.
The Fulshear Zoning Board of Adjustment voted unanimously Nov. 20 to grant a rear-setback variance for a triangular lot at 7718 FM 359, allowing development closer to the rear property line than the coordinated development ordinance ordinarily permits.
Applicant Jeff Gilbert told the board the lot’s irregular shape, combined with TxDOT’s entrance-location requirements and multiple easements, makes the required 25-foot rear setback effectively impossible to meet. “It nearly makes it impossible to develop this tract with this 25 foot setback,” the applicant said during his presentation.
Planning staff (Rodrigo Rodriguez) summarized the constraints and recommended approval, noting a possible shared-access solution with the adjacent landowner and saying the variance would support continued commercial growth in the downtown district. “We do recommend approval,” Rodrigo said.
Public comments included a realtor representing the seller and buyer who said the proposed plan met the downtown-district goals and was the only practical way to build on the lot. Nearby residents and Tori Gilmore, a trustee of Greater Zachary Church, raised worries about traffic flow on Main Street and future roadway changes and asked how the development would affect church parking and property boundaries. The applicant and staff said the plan provides for shared access and that the entrance, if approved by TxDOT, would utilize an existing 50-foot access easement to the south.
After public comment and staff recommendation, a board member moved to approve the variance and the board voted unanimously to grant the adjustment.
The approval applies only to the setback relief requested; the applicant must still secure any required TxDOT approvals and comply with other city development and permitting requirements.
