Planner and assistant director outline code standards and hardship test

Ben Simmons, a member of the City of Boerne Planning Department, presented the staff analysis for Variance No. 26‑12: the R‑2M zoning district front garage setback is 25 feet; the existing garage is 24.6 feet from the property line and the proposed carport produces an encroachment of about 21.3 feet (85.2%). Simmons walked the board through the five variance findings and recommended the board hold the hearing and determine whether the criteria were met.

During board deliberations, Frankie Linder, Assistant Planning Director for the City of Boerne, reminded members that hardship must be unique to the site and nonfinancial, a requirement codified in the Unified Development Code and reflected in the Local Government Code. "The hardship needs to be unique and based on the property," Linder said, stressing the legal standard the board must apply.

Board members questioned visibility and traffic on Hughes Street and debated whether approving the variance would weaken the district’s character or set a precedent for other front‑yard carports. The exchange focused on reconciling neighborhood practicalities — on‑street parking and protecting vehicles — with strict adherence to the UDC criteria for variances.

The staff presentation also summarized notification efforts (44 mailed notices to properties within 500 feet and multiple notices in the local paper) and recorded public responses over three rounds of rescheduled hearings: several in favor and a small number opposed. Those notification counts and staff findings were used during deliberations to assess community support and potential precedent.