Board of Adjustment

Agenda Board of Adjustment 4403 State Highway 3 Dickinson, TX 77539 The presiding member and a quorum of the Board of Adjustment will be present at the physical location shown above. Monday, July 27, 2026 at 6:00 PM 1. CALL TO ORDER AND CERTIFICATION OF A QUORUM 2. ANNOUNCEMENTS AND PRESENTATIONS 2.A Board Comments 2.B Building Official Update 2.C Receive training on the Board of Adjustment's functions, authority, and responsibilities. 3. PUBLIC COMMENTS Members of the public are invited to give comments at this time, lasting not longer than 3 minutes. Comments may be general in nature or may address a specific agenda item, and should be directed at the entire Board, not individual members of the Board or staff. Any speaker making personal attacks or using vulgar or profane language shall forfeit his/her remaining time and shall be seated. In compliance with the Texas Open Meetings Act, The Board may not deliberate. 4. CONSENT AGENDA The following items are considered routine and will be enacted by one motion. There will not be a separate discussion on these items unless a Board member requests, in which event the item will be removed from the consent agenda and discussed after the consent agenda. 4.A Consideration and possible action to approve the Minutes for the Board of Adjustment Meeting held on April 27, 2026. 5. OLD BUSINESS 6. NEW BUSINESS 6.A Conduct a public hearing concerning a request for a variance from the requirement stating the accessory dwelling unit shall not exceed 600 square feet in size from Sec.  18-15. Accessory Use Standards (b) (1) iii. of the Unified Development Code (UDC) – with such variance allowing an accessory dwelling unit of 850 square feet for approx. ± 3.60 acres, located at 1001 Avenue L and legally described as ABST 1 M AUSTIN SUR PT OF LOT 132 (132-0) F H THAMAN SUB. Staff Presentation Applicants Presentation Public Comments Applicants Rebuttal Adjourn Public Hearing 6.B Consideration and possible action concerning a request for a variance from the requirement stating the accessory dwelling unit shall not exceed 600 square feet in size from Sec. 18-15. Accessory Use Standards (b) (1) iii. of the Unified Development Code (UDC) – with such variance allowing an accessory dwelling unit of 850 square feet for approx. ± 3.60 acres, located at 1001 Avenue L and legally described as ABST 1 M AUSTIN SUR PT OF LOT 132 (132-0) F H THAMAN SUB. 7. FUTURE AGENDA ITEMS 8. ADJOURNMENT CERTIFICATE OF NOTICE This is to certify that the above Notice of Meeting was posted on the bulletin board of City Hall of the City of Dickinson, Texas, on or before the 21st day of July, 2026 at 5:15 P.M. as well as the City's public internet webpage, www.dickinsontexas.gov and was posted in accordance with the Texas Open Meetings Act, Chapter 551, Government Code. _______________________________________ Claude Oliver, City Secretary NOTE: In compliance with the Americans with Disabilities Act, this facility is wheelchair accessible and accessible parking spaces are available. Requests for special accommodations or interpretive services must be made at least 48 hours prior to this meeting. Please contact the City Secretary's Office at 281-337-6217 or by email at agenda@dickinsontexas.gov.  Dickinson Board of Adjustment Agenda Item Data Sheet 2.A MEETING DATE: July 27, 2026 TOPIC: Board Comments BACKGROUND: RECOMMENDATION: ATTACHMENTS: FUNDING ISSUES: FINANCE VERIFICATION OF FUNDING: SUBMITTING STAFF MEMBERS: CITY MANAGER APPROVAL: Almira O'Kelley ACTIONS TAKEN APPROVAL READINGS PASSED OTHER NO  Dickinson Board of Adjustment Agenda Item Data Sheet 2.B MEETING DATE: July 27, 2026 TOPIC: Building Official Update BACKGROUND: RECOMMENDATION: ATTACHMENTS: FUNDING ISSUES: FINANCE VERIFICATION OF FUNDING: SUBMITTING STAFF MEMBERS: CITY MANAGER APPROVAL: Almira O'Kelley ACTIONS TAKEN APPROVAL READINGS PASSED OTHER NO  Dickinson Board of Adjustment Agenda Item Data Sheet 2.C MEETING DATE: July 27, 2026 TOPIC: Receive training on the Board of Adjustment's functions, authority, and responsibilities. BACKGROUND: RECOMMENDATION: ATTACHMENTS: FUNDING ISSUES: FINANCE VERIFICATION OF FUNDING: SUBMITTING STAFF MEMBERS: CITY MANAGER APPROVAL: Almira O'Kelley ACTIONS TAKEN APPROVAL READINGS PASSED OTHER NO  Dickinson Board of Adjustment Agenda Item Data Sheet 4.A MEETING DATE: July 27, 2026 TOPIC: Consideration and possible action to approve the Minutes for the Board of Adjustment Meeting held on April 27, 2026. BACKGROUND: RECOMMENDATION: ATTACHMENTS: • BOA 04-27-26 Minutes.pdf FUNDING ISSUES: FINANCE VERIFICATION OF FUNDING: SUBMITTING STAFF MEMBERS: CITY MANAGER APPROVAL: Almira O'Kelley ACTIONS TAKEN APPROVAL READINGS PASSED OTHER NO  MINUTES City of Dickinson BOARD OF ADJUSTMENT April 27, 2026 The Board of Adjustment met in a duly called and announced meeting on Monday, April 27, 2026, at 6:00PM, 4403 State Highway 3 Dickinson, TX 77539. The meeting was held for the purpose of considering the following items: ITEM 1.) CALL TO ORDER AND CERTIFICATION OF A QUORUM Commission members present were as follows: Garland Copelin, Susan Wilcox, Callen Hajda, James Ayers, David Floyd. Meeting began at 6:00PM ITEM 2.) ANNOUNCEMENTS AND PRESENTATIONS 2A. Board Comments – None ITEM 3.) PUBLIC COMMENTS Members of the public are invited to give comments at this time, lasting not longer than 3 minutes. Comments may be general in nature or may address a specific agenda item, and should be directed at the entire Board, not individual members of the Board or staff. Any speaker making personal attacks or using vulgar or profane language shall forfeit his/her remaining time and shall be seated. In compliance with the Texas Open Meetings Act, The Board may not deliberate. – None ITEM 4.) CONSENT AGENDA The following items are considered routine and will be enacted by one motion. There will not be a separate discussion on these items unless a Board member requests, in which event the item will be removed from the consent agenda and discussed after the consent agenda. 4A. Consideration and possible action to approve the Minutes for the Board of Adjustment Meeting held on November 24, 2025. David Floyd motioned to Approve, and James Ayers seconded the motion. VOTE: 5 AYES (Garland Copelin, Susan Wilcox, Callen Hajda, James Ayers, David Floyd) 0 NAYS MOTION PASSED ITEM 5.) OLD BUSINESS None April 27, 2026 Board of Adjustment Minutes 1  ITEM 6.) NEW BUSINESS 6A. Conduct a public hearing concerning a request for a variance from the requirement stating an apartment must have a minimum lot width of 100 feet from Subsec. 18-7.4. Urban Transition (UT) of the Unified Development Code (UDC) and a variance from the requirement of a 15 foot wide Structural B bufferyard for development in the Urban Transition (UT) zoning district when the adjoining district is Neighborhood Conservation (NC) from Subsec. 18-21.4. Bufferyards, Table 18-21.4.-1, District Bufferyard Standards of the Unified Development Code (UDC) – with such variances allowing a lot width of 64 feet and a 7.5 foot side bufferyard for approx. ± 0.19 acres, located at 4404 E 25th St. and legally described as PIERRE SUB (2016) ABST 78, Lot 5R, ACRES 0.193. Begin 6:07PM • Staff Presentation: Travis Moore presents background on the property, noting it was platted prior to annexation and previously developed with fourplexes before and after annexation. Moore explained that the property was rezoned to Urban Transition (UT), making the proposed apartment use permitted. The current request addresses development standards only, specifically variances to reduce the minimum lot width from 100 feet to 64 feet and to reduce the required Type B structural buffer yard from 15 feet to 7.5 feet. Moore stated the requests meet variance criteria and reviewed applicable apartment and buffer yard standards for the proposed six-unit development. o Board comments: Board members and Moore discussed the surrounding neighborhood conditions, including existing four-plex and single family residential uses, and the overall character of the area. Moore noted the existing multiplex developments are well maintained and that no complaints have been received regarding those properties. o Questions were raised regarding the proposed site layout, building placement, parking availability, and adjacency to single family homes. Moore explained that the proposed buildings would be set farther back on the lot than existing structures and that parking would be provided in accordance with Unified Development Code requirements. Staff also clarified that development would comply with floodplain regulations and would likely utilize elevated construction rather than additional fill. o Board members discussed potential privacy impacts on neighboring residences. Moore explained that required buffer yards include fencing and landscaping intended to mitigate visual and privacy concerns, and that building heights proposed are permitted within the Urban Transition zoning district. o Traffic concerns were raised, particularly in relation to nearby school drop-off and pick-up activity on E. 25th Street. Moore stated that similar concerns were raised during the rezoning process and advised that traffic impacts related to school operations are largely attributed to school activities rather than the proposed development and are outside the scope of the variance requests. o The Board asked clarifying questions regarding lot width standards and the rationale for granting variances. Moore explained that the April 27, 2026 Board of Adjustment Minutes 2  properties were platted prior to annexation and the adoption of current development standards, creating practical limitations that justify variance consideration. Moore further noted that the requests met the variance criteria and did not exceed allowable reduction thresholds. o Moore confirmed that no written or spoken public comments were received for the variance requests. • Applicants Presentation: Mason Cagnola, the applicant’s representative, reiterates that the proposed development is consistent with the property owner’s long-term vision for the area and is intended to maintain architectural consistency with existing four-plex developments on E. 25th Street. The representative noted that the property was recently rezoned to Urban Transition following an extensive public process and emphasized that the current request concerns development standard variances only, not land use. The applicant addressed traffic concerns raised during prior hearings, stating that congestion in the area is primarily related to nearby school operations and is expected to continue regardless of the proposed development. No additional changes to the proposal were requested, and the applicant reiterated a willingness to comply with all applicable zoning and development requirements. • Public Comments – none • Applicants Rebuttal – none • Adjourn Public Hearing: Adjourn 6:31PM 6B. Consideration and possible action concerning a request for a variance from the requirement stating an apartment must have a minimum lot width of 100 feet from Subsec. 18-7.4. Urban Transition (UT) of the Unified Development Code (UDC) and a variance from the requirement of a 15 foot wide Structural B bufferyard for development in the Urban Transition (UT) zoning district when the adjoining district is Neighborhood Conservation (NC) from Subsec. 18-21.4. Bufferyards, Table 18-21.4.-1, District Bufferyard Standards of the Unified Development Code (UDC) – with such variances allowing a lot width of 64 feet and a 7.5 foot side bufferyard for approx. ± 0.19 acres, located at 4404 E 25th St. and legally described as PIERRE SUB (2016) ABST 78, Lot 5R, ACRES 0.193. David Floyd motioned to Approve, and Garland Copelin seconded the motion. VOTE: 4 AYES (Garland Copelin, Callen Hajda, James Ayers, David Floyd) 1 NAYS (Susan Wilcox) MOTION PASSED 6C. Conduct a public hearing concerning a request for a variance from the requirement stating an apartment must have a minimum lot width of 100 feet from Subsec. 18-7.4. Urban Transition (UT) of the Unified Development Code (UDC) – with such variance allowing a lot width of 70 feet for approx. ± 0.21 acres, located at 4410 E 25th St. and legally described as PIERRE SUB (2016) ABST 78, Lot 7R, ACRES 0.2109. • Staff Presentation: Travis Moore reviewed the request, noting the subject property is slightly wider than the prior case, with an existing lot width of 70 April 27, 2026 Board of Adjustment Minutes 3  feet. The applicant requested a variance from the 100-foot minimum lot width standard (a 30-foot reduction), which staff stated is within the Unified Development Code variance guidelines (not exceeding a 50% reduction). Moore further noted the proposed development will meet applicable off-street parking requirements. Moore also noted that, based on the zoning map, the adjacent lots on both sides are in the same zoning district; therefore, no buffer yard is required between the subject property and adjoining properties with the same zoning. • Applicants Presentation – none • Public Comments – none • Applicants Rebuttal – none • Adjourn Public Hearing 6.D Consideration and possible action concerning a request for a variance from the requirement stating an apartment must have a minimum lot width of 100 feet from Subsec. 18-7.4. Urban Transition (UT) of the Unified Development Code (UDC) – with such variance allowing a lot width of 70 feet for approx. ± 0.21 acres, located at 4410 E 25th St. and legally described as PIERRE SUB (2016) ABST 78, Lot 7R, ACRES 0.2109. 4410 E 25th Street – Variance request for minimum lot width. David Floyd motioned to Approve, and James Ayers seconded the motion. VOTE: 4 AYES (Garland Copelin, Callen Hajda, James Ayers, David Floyd) 1 NAYS (Susan Wilcox) MOTION PASSED 6.E Conduct a public hearing concerning a request for a variance from the requirement stating a maximum area square footage of 150 and a maximum height of 12 feet for a monument sign in the Auto-Centric Commercial (AC) zoning district from Subsec. 18-25.2. Permanent Sign Standards, Table 18-25.2.-3 Freestanding Sign Standards of the Unified Development Code (UDC) – with such variances allowing a maximum square footage area of 162 feet and a maximum height of 17 feet. for approx. ± 2.00 acres, located at 614 W FM 517 and legally described as DICKINSON CROSSING (2006) ABST 19, LOT A, ACRES 2.001. • Staff Presentation: Travis Moore reviewed the request for a monument sign variance at 614 W FM 517. Staff reported that City staff had been working with the property manager, Ron Alon, regarding signage for the multi-tenant strip center (including TJ Reed’s, a hair salon, and other tenants). Moore noted that the Unified Development Code monument sign standards for this location allow a maximum height of 12 feet and a maximum sign area of 150 square feet; the applicant is proposing a multi-tenant monument sign that slightly exceeds these standards to improve visibility from FM 517. Moore explained that the center has substantial FM 517 frontage but currently lacks signage adjacent to the roadway, and existing wall signs are set back and difficult to see from passing traffic. Moore stated the proposed sign would provide space for multiple tenants on April 27, 2026 Board of Adjustment Minutes 4  one coordinated sign and reduce the potential for multiple mismatched signs on the property. Moore reviewed the general site characteristics and the proposed sign location, noting it is intended to meet placement standards and should not obstruct driveway access. Moore further noted that regulations require a 5-foot setback from the property line; therefore, the sign would be located outside the right-of-way and at least five feet within the property. o Board comments: The group discussed site access to FM 517 and determined that the existing access point appears to be located at a sufficient distance so as not to interfere with sight lines for vehicles entering or exiting the property. o It was noted that the five-foot setback requirement for signage is intended to ensure signs are positioned away from the right-of-way, thereby maintaining adequate visibility for drivers. o Further discussion addressed traffic flow constraints related to the median configuration on FM 517. Due to the presence of medians, vehicles exiting the parking lot are restricted to right turns only. • Applicants Presentation: Mr. Ron Alon, co-owner of the Bay Colony Shopping Center, addressed the Board regarding a request for a variance to the City’s signage regulations. The subject property includes tenants such as TJ Reed's and Flippers. Mr. Alon requested approval of a height variance of 17 feet, exceeding the current maximum allowable height of 12 feet. Additionally, he requested approval for a sign area of 162 square feet, which exceeds the permitted 150 square feet. o Mr. Alon explained that the variance is necessary due to site-specific conditions. He noted that FM 517 is a heavily traveled commercial corridor and that a 12-foot sign could be obstructed by parked vehicles and surrounding site features, rendering it ineffective. He further explained that the proposed design places tenant signage above a five-foot base to reduce the likelihood of obstruction by parked vehicles. o The applicant stated that the additional height is necessary to ensure tenant visibility from the roadway and emphasized that the request is based on functional need rather than aesthetic preference. He also noted that similar properties along FM 517 utilize larger monument signage for visibility. o Mr. Alon further explained that the location of the proposed sign would not interfere with traffic visibility. The sign is positioned near the property boundary but remains outside of the primary line of sight for vehicles exiting the site. Due to the existing median configuration, vehicles exiting the shopping center are restricted to right-turn movements only, requiring drivers to look left toward oncoming traffic. The sign would be located to the right of exiting vehicles and would not obstruct visibility. o He also referenced tenant visibility concerns, noting that some existing tenants, including Box It, have limited visibility due to inadequate signage. o Mr. Alon concluded by respectfully requesting approval of the variance and offered to answer any questions from the Board. • Public Comments – none • Applicants Rebuttal – none April 27, 2026 Board of Adjustment Minutes 5  • Adjourn Public Hearing: Adjourn at 6:50PM 6.F Consideration and possible action concerning a request for a variance from the requirement stating a maximum area square footage of 150 and a maximum height of 12 feet for a monument sign in the Auto-Centric Commercial zoning district from Subsec. 18-25.2. Permanent Sign Standards, Table 18-25.2.-3 Freestanding Sign Standards of the Unified Development Code (UDC) – with such variance allowing a maximum square footage of 162 feet and maximum height of 17 feet. for approx. ± 2.00 acres, located at 614 W FM 517 and legally described as DICKINSON CROSSING (2006) ABST 19, LOT A, ACRES 2.001. David Floyd motioned to Approve, and Garland Copelin seconded the motion. VOTE: 5 AYES (Garland Copelin, Susan Wilcox, Callen Hajda, James Ayers, David Floyd) 0 NAYS MOTION PASSED ITEM 7.) FUTURE AGENDA ITEMS Garland Copelin requested that Board Members should receive a copy of the minutes from this meeting. ITEM 8.) ADJOURNMENT Meeting was adjourned at: 7:10PM PASSED APPROVED, AND ADOPTED this ___________________________. ______________________________ BOARD OF ADJUSTMENT, Chairperson ATTEST: Travis Moore, COMMUNITY DEVELOPMENT MANAGER/ CHIEF BUILDING OFFICIAL April 27, 2026 Board of Adjustment Minutes 6  Dickinson Board of Adjustment Agenda Item Data Sheet 6.A MEETING DATE: July 27, 2026 TOPIC: Conduct a public hearing concerning a request for a variance from the requirement stating the accessory dwelling unit shall not exceed 600 square feet in size from Sec. 18-15. Accessory Use Standards (b) (1) iii. of the Unified Development Code (UDC) – with such variance allowing an accessory dwelling unit of 850 square feet for approx. ± 3.60 acres, located at 1001 Avenue L and legally described as ABST 1 M AUSTIN SUR PT OF LOT 132 (132-0) F H THAMAN SUB. Staff Presentation Applicants Presentation Public Comments Applicants Rebuttal Adjourn Public Hearing BACKGROUND: RECOMMENDATION: ATTACHMENTS: • 7.27.26_1001 Ave L Variance Approval.pdf • 26-000062 Variance Project Overview.pdf • 1001 Ave L Variance Vicinity Map.pdf • VarianceReviewCriteria.pdf • CurrentSurvey.pdf • DobsonSitePlans.pdf • 7.27.26_1001 Ave L Variance Staff Report.pdf FUNDING ISSUES: FINANCE VERIFICATION OF FUNDING: SUBMITTING STAFF MEMBERS: CITY MANAGER APPROVAL: Almira O'Kelley ACTIONS TAKEN APPROVAL READINGS PASSED OTHER NO  City of Dickinson Community Development 4403 Highway 3, Dickinson, TX 281-337-6259 Variance Request Approval (#26-000062) WHEREAS, DOBSON DONALD P (the “Owner”) owns a 3.60 acre tract of land (the “Property”) in the City of Dickinson, Texas (“the City”), with the Property being legally described as ABST 1 M AUSTIN SUR PT OF LOT 132 (132-0) F H THAMAN SUB, and with a street address of 1001 AVENUE L, Dickinson, Texas, 77539, with the Property being more particularly depicted and described in “Exhibit A” and incorporated herein for all intents and purposes; and WHEREAS, the Property presently has a zoning classification of Rural and Estate (RE) pursuant to the comprehensive zoning ordinance of the City; and WHEREAS, the Owner submitted an application for a variance to the City, which is attached hereto as Exhibit “B” and incorporated herein for all intents and purposes, was submitted as authorized by the City’s Code of Ordinances, Dickinson, Texas (the “Code”), and WHEREAS, the Building Official reviewed the application and prepared a staff report, which is attached hereto as Exhibit “C” and incorporated herein for all intents and purposes; and WHEREAS, the Board of Adjustment (the “Board”), after giving the proper notice of the public hearing as prescribed in Dickinson’s Code of Ordinances, held on this day the public hearing on the request for the variance; and WHEREAS, at the public hearing the Board considered the application, the staff report, the relevant supporting materials and the public testimony given at the public hearing; and WHEREAS, after the close of the public hearing and after considering the Applicant’s request, the Board made an affirmative finding that the variance meet the following criteria: (1) Special circumstances exist that are peculiar to the land or structure; (2) These special circumstances are not self-imposed or the result of the actions of the applicant; (3) Literal interpretation and enforcement of the terms and provisions of this chapter would cause an unnecessary and undue hardship; (4) Granting the variance is the minimum action that will make possible the use of the land or structure which is not contrary to the public interest and which would carry out the spirit of this chapter and would result in substantial justice; (5) Such variance will not alter the essential character of the district in which it is located or the property for which the variance is sought; (6) Such variance will not authorize a use other than those uses specifically authorized for the district in which the property for which the variance sought is located; and (7) The variance will not adversely affect the health, safety or welfare of the public. #26-000062-1001 AVENUE L 1  City of Dickinson Community Development 4403 Highway 3, Dickinson, TX 281-337-6259 NOW THEREFORE, BE IT ORDERED BY THE BOARD OF ADJUSTMENT OF THE CITY OF DICKINSON, TEXAS: Section 1: That the facts and matters set forth in the preamble hereof are hereby found to be true and correct and are incorporated herein for all intents and purposes. Section 2: That a variance, subject to the terms and conditions set forth below, is hereby granted: (1) from Sec. 18-15. Accessory Use Standards (b) (1) iii. stating the accessory dwelling unit shall not exceed 600 square feet in size to allow for an accessory dwelling unit of 850 square feet. Section 3: Nothing herein shall be construed as to authorize a variance from any other section of the Code and shall run with the land. Section 4: That the variance granted herein shall take effect immediately from and after its passage by the Board. This variance is not intended to act as a building permit. If such a permit is required, Owner must apply for and obtain additional permitting. Section 5: That the variance granted herein shall take effect immediately from and after its passage by the Board. INTRODUCED, READ and PASSED by the affirmative vote of the Board of Adjustment of the City of Dickinson this 27 DAY OF JULY 2026. _________________________________ BOARD OF ADJUSTMENT, Chairman ATTEST: _____________________________________ TRAVIS MOORE, Community Development Manager/Chief Building Official #26-000062-1001 AVENUE L 2 Current Zoning Rural and Estate ''RE'' Current Use Type: Residential Current Use Single-family residential Proposed Use Type: Residential Proposed Use Single-family residential Code Requirement: ADU size Requested Variance: To allow ADU size over 600sqft Describe Your Request: I am requesting this variance in order to build a new home on my property that is suitable for my family. The current home on the property is 850sqft, which is 250sqft over the allowable size as written in the code, thus requiring this variance. Existing Site Plan CurrentSurvey.pdf Proposed Site Plan DobsonSitePlans.pdf Applicant Statement BOA VarianceReviewCriteria.pdf Technical Studies - Additional Documents CurrentHomefloorplan.pdf Board of Adjustment Public Hearing 07/27/2026 6:00 PM Page 2/2 MYGOV.US Application Overview for 26-000062 • Printed on June 09, 2026 at 4:50 PM  ZONING VARIANCE VICINITY MAP 1001 AVENUE L, parcel 130348, approx. 3.60 acres, and legally described as ABST 1 M AUSTIN SUR PT OF LOT 132 (132-0) F H THAMAN SUB Subject Property Rural and Estate (RE) Outside of Dickinson city limits The City of Dickinson Texas makes no warranty, representation, or guarantee regarding the accuracy of this map. This map is intended for display purposes only and does not replace official recorded documents. Location: 1001 Avenue L Dickinson, TX 77539 Legal Owner/Resident/Variance Petitioner: Donald P Dobson Responses to Review Criteria for Variance Request: • Special Circumstances. Special circumstances exist that are peculiar to the land or structure; o The existing structure that was on the property when I purchased the land in 2021. The current home on the property is 850 sqft, more accurately described as a loft due to its design and lack of interior walls/separate rooms. I purchased the property with the intent of building a larger home in the future to raise a family with my wife. • Not Self-Imposed. These special circumstances are not self-imposed or the result of the actions of the applicant; o I was not aware of the code restrictions on accessory dwelling units (ADU’s) when I purchased my property. The current home that will become the ADU is 250 sqft over the 600 sqft allowed according to the building code. • Unnecessary and Undue Hardship. Literal interpretation and enforcement of the terms and provisions of this UDC would cause an unnecessary and undue hardship; o Not getting approval of this variance would force me to have to try to sell my land; o The mortgage lenders will not allow me to subdivide my property. • Minimum Relief Necessary. Granting the Variance is the minimum relief necessary to make use of the land or structure that is not contrary to the public interest and which would carry out the spirit of this UDC and would result in substantial justice; o Granting this variance would allow me to stay on my land, stay in the City of Dickinson, and build a home to raise my family. o The overage of the allowable square footage is less than 50% of the allowable size as defined in the building code. • Will Not Alter Character. Such Variance will not alter the essential character of the district in which it is located or the property for which the Variance is sought; o The character of my land will be aligned with the other homes in my area as most of my neighbors have multiple buildings on their properties. It is my goal to be able to build a single-family home for my wife and I on my property. • Will Not Authorize Use. Such Variance will not authorize a use other than those uses specifically authorized for the district in which the property for which the Variance is sought is located; o The property will still be used as a single-family residence and will not change. • Will Not Authorize Smaller Lot than Required. Such Variance will not authorize a lot that is smaller or narrower than required in this UDC; o This is not an issue for my property, the new home would not encroach on any setbacks or easements • Not Detrimental to Public. The Variance will not adversely affect the health, safety, or welfare of the public. o The new home on my property for myself and my family will not adversely affect anyone as it is on my land, and the property is completely fenced.  City of Dickinson Community Development 4403 Highway 3, Dickinson, TX 77539 281-337-6259 Board of Adjustment Variance Request 7/27/2026 Staff Report Application: #26-000062 Request: The applicant is requesting a variance from the maximum requirement stating the accessory dwelling unit shall not exceed 600 square feet in size of Sec. 18-15. Accessory Use Standards (b) (1) iii. of the Unified Development Code (UDC) – with such variance allowing an accessory dwelling unit of 850 square feet. Applicant: DOBSON DONALD P Owner: DOBSON DONALD P Subject Property: Approximately ± 3.60 acres for Parcel ID: 130348 and registered address known as 1001 Avenue L, Dickinson, Galveston County, Texas and legally described as ABST 1 M AUSTIN SUR PT OF LOT 132 (132-0) F H THAMAN SUB. Parcel Information: Zoning: Rural and Estate (RE) Use: Residential – Single Family Home Surrounding Properties Information: North: Rural and Estate (RE) West: Rural and Estate (RE) East: Rural and Estate (RE) South: Rural and Estate (RE) Background: The purpose of the requested variance is to permit the property owner, DOBSON DONALD P to build a new larger single-family residence in front of the existing residence, hence making the existing residence the accessory dwelling unit. The existing residence is 850 square feet, which exceeds the maximum square footage (600spft) as required by the UDC Sec. 18-15. Accessory Use Standards (b)(1)iii. The purpose of the UDC's size limitations for accessory dwelling units is to ensure that an ADU remains clearly subordinate and incidental to the principal residence and that the scale of development remains compatible with the surrounding residential neighborhood. In order to approve an application for a variance, the Board of Adjustment shall make an affirmative finding that each of the following criteria are met: (1) Special circumstances exist that are peculiar to the land or structure. #26-000062-1001 AVENUE L 1  City of Dickinson Community Development 4403 Highway 3, Dickinson, TX 77539 281-337-6259 The property contains conditions that may justify consideration of a larger accessory dwelling unit, including the size of the lot and the ability to accommodate the structure while maintaining required setbacks and separation distances. (2) These special circumstances are not self-imposed or the result of the actions of the applicant. The special circumstances associated with the property are not self-imposed and are not the result of actions taken by the applicant to circumvent the requirements of the Unified Development Code. The request to permit a larger accessory dwelling unit is based on the characteristics and development potential of the property and does not arise from any prior action by the applicant that created the need for the variance.. (3) Literal interpretation and enforcement of the terms and provisions of this UDC would cause an unnecessary and undue hardship. The Strict application of the Unified Development Code's maximum size limitation for accessory dwelling units could create an unnecessary and undue hardship by preventing the reasonable use of the property in a manner that is otherwise compatible with the surrounding neighborhood and consistent with the residential character of the area. The proposed accessory dwelling unit can be accommodated on the property while meeting applicable development standards, and the denial of the variance would impose a limitation that is not necessary to protect the public health, safety, or welfare. Therefore, the literal enforcement of the UDC would result in an unnecessary hardship that justifies consideration of the requested variance. (4) Granting the Variance is the minimum relief necessary to make use of the land or structure that is not contrary to the public interest and which would carry out the spirit of this UDC and would result in substantial justice. The requested variance represents the minimum relief necessary to allow the reasonable use of the property and the proposed new primary residence. The increased size of the ADU will not adversely affect adjacent properties, alter the essential character of the neighborhood, or impair the public health, safety, or welfare. Granting the variance would allow the property to be utilized in a manner consistent with the intent of the Unified Development Code while maintaining the accessory nature of the dwelling unit. Approval of the request would therefore carry out the spirit of the UDC and result in substantial justice by permitting a reasonable use of the property without conferring a special privilege that is inconsistent with the surrounding area. (5) Such Variance will not alter the essential character of the district in which it is located or the property for which the Variance is sought. Granting the requested variance to allow an accessory dwelling unit that exceeds the maximum size permitted by the Unified Development Code will not alter the essential character of the district or the subject property. The property will continue to be used for residential purposes, and the accessory dwelling unit will remain subordinate to the principal residence. The proposed increase in size is not anticipated to create adverse impacts on surrounding properties, increase incompatibility within the neighborhood, or change the established residential character of the area. Therefore, the requested variance is consistent with the existing development pattern and will preserve the essential character of the district in which the property is located. (6) Such Variance will not authorize a use other than those uses specifically authorized for the district in which the property for which the Variance is sought is located. #26-000062-1001 AVENUE L 2  City of Dickinson Community Development 4403 Highway 3, Dickinson, TX 77539 281-337-6259 Granting the requested variance will not authorize a use that is not otherwise permitted within the zoning district. The proposed accessory dwelling unit is an accessory residential use that is specifically authorized by the Unified Development Code within the applicable zoning district. The applicant is requesting relief only from the maximum size requirement for the accessory dwelling unit and is not seeking approval of a new or prohibited land use. Therefore, approval of the variance would not expand or alter the permitted uses of the property and would remain consistent with the intent and purpose of the underlying zoning district. (7) Such Variance will not authorize a lot that is smaller or narrower than required in this UDC. Granting the requested variance will not authorize the creation of a lot that is smaller or narrower than required by the Unified Development Code. The request pertains solely to the maximum size of an accessory dwelling unit and does not involve a subdivision of land, modification of lot dimensions, or any reduction in the minimum lot area or width requirements of the zoning district. The existing lot will remain in compliance with the applicable lot standards of the UDC, and approval of the variance will not create or intensify any nonconforming lot conditions. (8) The Variance will not adversely affect the health, safety, or welfare of the public. Granting the requested variance will not adversely affect the health, safety, or welfare of the public. The proposed accessory dwelling unit will remain a residential use consistent with the character of the surrounding neighborhood and will be subject to all applicable building, fire, drainage, utility, and development regulations. The increased size of the accessory dwelling unit is not anticipated to create adverse impacts related to traffic, access, public infrastructure, or the use and enjoyment of neighboring properties. Therefore, approval of the variance will not be detrimental to the public health, safety, or general welfare and is consistent with the intent and purpose of the Unified Development Code. Staff Recommendation: Staff recommends Approval concerning the proposed variance from the maximum requirement stating the accessory dwelling unit shall not exceed 600 square feet in size of Sec. 18-15. Accessory Use Standards (b) (1) iii. of the Unified Development Code (UDC) – with such variance allowing an accessory dwelling unit of 850 square feet, and subject to compliance with all other applicable provisions of the UDC and any conditions imposed by the Board of Adjustment for approximately ± 3.60 acres for Parcel ID: 130348 and registered addresses known as 1001 Avenue L, Dickinson, Galveston County, Texas and legally described as ABST 1 M AUSTIN SUR PT OF LOT 132 (132-0) F H THAMAN SUB. #26-000062-1001 AVENUE L 3  Dickinson Board of Adjustment Agenda Item Data Sheet 6.B MEETING DATE: July 27, 2026 TOPIC: Consideration and possible action concerning a request for a variance from the requirement stating the accessory dwelling unit shall not exceed 600 square feet in size from Sec. 18-15. Accessory Use Standards (b) (1) iii. of the Unified Development Code (UDC) – with such variance allowing an accessory dwelling unit of 850 square feet for approx. ± 3.60 acres, located at 1001 Avenue L and legally described as ABST 1 M AUSTIN SUR PT OF LOT 132 (132-0) F H THAMAN SUB. BACKGROUND: RECOMMENDATION: ATTACHMENTS: FUNDING ISSUES: FINANCE VERIFICATION OF FUNDING: SUBMITTING STAFF MEMBERS: CITY MANAGER APPROVAL: Almira O'Kelley ACTIONS TAKEN APPROVAL READINGS PASSED OTHER NO