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Commission approves variance to let new outparcel lack public-right-of-way frontage
Summary
The Boerne Planning & Zoning Commission unanimously approved a variance to the Unified Development Code allowing a proposed replat near Christus Parkway to create a parcel without direct public-right-of-way frontage, relying on easements and shared access; commissioners debated hardship, precedent and traffic access before approving stipulations recommended by staff.
The Boerne Planning & Zoning Commission voted unanimously on Aug. 3 to approve a variance to UDC section 6-2-b-1-a that lets the applicant replat a 7.762-acre property near Christus Parkway and Herff/Riff Road into four lots, one of which would not have frontage on a public right of way.
Ben Simmons, a planning staff member, told commissioners the property would rely on shared access easements and that TxDOT had indicated the proposed access points would be permitted. "The applicant is proposing to replat into 4 parcels," Simmons said during his presentation, and staff noted access would be through easements, not direct frontage on a city right of way.
Civil engineer Matthew Cushman, representing the applicant team, showed plats and a July 28 TxDOT note he said supported a 30-foot right-in/right-out driveway. "That is the width of a right in right out driveway on TxDOT frontage," Cushman said, arguing the easements and prior roadway improvements provide functional access.
Commissioners focused on whether the five findings required for a variance were met, particularly "unnecessary hardship," "unique circumstance," and whether approving the request would weaken the ordinance or set a precedent. Commissioner Cates said he did not see how the proposal met findings 1, 3 and 4; legal counsel replied the commission may make the necessary findings if supported by the record.
Staff and the applicant disputed some of the staff's earlier approximations about distances and easement width during the hearing; Simmons said the staff report's numbers were approximations and that the applicant's on-screen figures were more accurate.
Before the vote, commissioners discussed potential alternatives such as creating a flag lot or requiring additional frontage, and whether conditions could be attached to limit future changes; legal counsel said the requested variance is an up-or-down decision but commissioners could document findings to support their action. A motion to approve, moved by Commissioner Fryer and seconded by Commissioner Cates, passed unanimously with stipulations 1–3 as recommended by staff.
The approval allows the applicant to proceed with the proposed replat subject to the stated stipulations; the commission also highlighted that site-specific requirements — including fire, building and TxDOT permits — still must be met before occupancy or work that depends on the access points.
