Zoning board approves setback variance for accessory structure at 9008 Sunset Drive

The City of Irving Zoning Board of Adjustment voted to approve a variance allowing an existing accessory structure at 9008 Sunset Drive to encroach 2 feet into the required 6-foot side-yard setback and 1 foot 6 inches into the required 6-foot rear-yard setback, staff said.

The variance was requested under Unified Development Code section 3.1.4 for an accessory building the applicant said was built in 2022. Applicant Brian Garcia told the board he used an existing storage unit as a base, built onto it, and later added a kitchen and bath. "We didn't really know that we needed a permit for that," Garcia said, adding that interior elements have since been removed and the family is trying to comply with the city's requirements.

Staff framed the question narrowly around setbacks and recommended approval. The board closed the public hearing after the applicant testified and staff confirmed that 17 notices had been mailed and the city had received one written response.

During discussion, one committee member opposed approval, arguing it would "reward bad behavior" because the structure had been finished without permits and only altered after the violation was discovered. "They moved the shed one time. They can move it back," the committee member said, urging that the board not legitimize unpermitted work.

Carolyn, a board member, supported approval, saying the property owners had removed features that made the structure an accessory dwelling unit and that the lot size and adjacent light industrial use made the location acceptable. "They've torn out the parts that make it an accessory dwelling unit," Carolyn said, endorsing the staff recommendation.

A staff member described how the city's enforcement and permitting process works: inspections tied to a building permit verify that approved conditions remain in place, rather than the city conducting routine six-month proactive checks. "When they get their building permit, the inspections will go out and verify that everything is as what's approved tonight," the staff member said.

A motion to follow staff's recommendation was moved and seconded and the board voted to approve the variance. No individual vote tallies by name were recorded in the transcript. The meeting adjourned at 6:25 p.m.