Board approves variance for patio and pergola at 130 New Court Place
March 18, 2026 | Boerne, Kendall County, Texas
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The Zoning Board of Adjustment voted 5-0 to approve a variance allowing a proposed 11-by-14-foot patio and pergola at 130 New Court Place to encroach up to 5 feet into the required 10-foot rear-yard setback.
Ben Simmons, a member of the Planning Department, presented the request and said the property is zoned R2M and sits on a wedge-shaped lot in the Regent Park subdivision. Simmons said the patio would encroach on an adjacent open-space parcel rather than a neighboring residential lot, that 46 property owners within 500 feet were notified, and that staff had received nine responses in favor and one opposed. Simmons reviewed the variance findings under UDC chapter 4 and noted staff's concern about neighborhood character but said the open-space adjacencies lessen potential impacts on fire safety and enjoyment of neighboring properties.
Nick Nuth, the applicant, told the board he had considered other layouts that would meet the UDC but said rotating the patio to avoid the variance would make the feature unattractive and reduce its usefulness; he said the open green space behind the lot makes the proposed placement reasonable. "All my neighbors agreed that are affected," Nuth said, adding that the alternative locations on the lot would not meet his design goals.
Board members asked whether the patio had already been constructed; Simmons said the patio had not been constructed and that the item had been separated from an earlier permit so it could be decided as a variance. A board member asked whether fire access would be impeded; Simmons said he could not speak for the fire marshal but believed separation between houses is the key issue and that adequate access appeared likely because the feature backs onto open space.
During deliberation members emphasized that the lot shape and the open-space buffer reduced the risk of adverse safety or enjoyment impacts. A motion to approve the variance as presented passed 5-0.
Planning staff noted that the building permit for the patio remains in review and cannot be issued until the variance is final.
Ben Simmons, a member of the Planning Department, presented the request and said the property is zoned R2M and sits on a wedge-shaped lot in the Regent Park subdivision. Simmons said the patio would encroach on an adjacent open-space parcel rather than a neighboring residential lot, that 46 property owners within 500 feet were notified, and that staff had received nine responses in favor and one opposed. Simmons reviewed the variance findings under UDC chapter 4 and noted staff's concern about neighborhood character but said the open-space adjacencies lessen potential impacts on fire safety and enjoyment of neighboring properties.
Nick Nuth, the applicant, told the board he had considered other layouts that would meet the UDC but said rotating the patio to avoid the variance would make the feature unattractive and reduce its usefulness; he said the open green space behind the lot makes the proposed placement reasonable. "All my neighbors agreed that are affected," Nuth said, adding that the alternative locations on the lot would not meet his design goals.
Board members asked whether the patio had already been constructed; Simmons said the patio had not been constructed and that the item had been separated from an earlier permit so it could be decided as a variance. A board member asked whether fire access would be impeded; Simmons said he could not speak for the fire marshal but believed separation between houses is the key issue and that adequate access appeared likely because the feature backs onto open space.
During deliberation members emphasized that the lot shape and the open-space buffer reduced the risk of adverse safety or enjoyment impacts. A motion to approve the variance as presented passed 5-0.
Planning staff noted that the building permit for the patio remains in review and cannot be issued until the variance is final.
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