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Zoning Board of Adjustment (ZBA)Zoning Board of Adjustment (ZBA)Page 2 of 35Page 2 of 35November 12, 2015November 12, 2015
Trophy Club Entities 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2015-0742-T Version:1 Name:
Type:Agenda Item Status:Regular Session
File created:11/5/2015 In control:Zoning Board of Adjustment (ZBA)
On agenda:11/12/2015 Final action:
Title:Election of Officers: Chair, Vice-Chair, Secretary
Attachments:
DateVer.Action ByActionResult
Election of Officers: Chair, Vice-Chair, Secretary
Zoning Board of Adjustment (ZBA)Zoning Board of Adjustment (ZBA)Page 3 of 35Page 3 of 35November 12, 2015November 12, 2015
Trophy Club Entities 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2015-0749-T Version:1 Name:
Type:Agenda Item Status:Regular Session
File created:11/6/2015 In control:Zoning Board of Adjustment (ZBA)
On agenda:11/12/2015 Final action:
Title:Consider and take appropriate action regarding the January 14, 2015 Zoning Board of Adjustment
minutes.
Attachments:ZBA Meeting Minutes 01142015.pdf
DateVer.Action ByActionResult
Consider and take appropriate action regarding the January 14, 2015 Zoning Board of Adjustment minutes.
Zoning Board of Adjustment (ZBA)Zoning Board of Adjustment (ZBA)Page 4 of 35Page 4 of 35November 12, 2015November 12, 2015
Trophy Club Entities
100 Municipal Drive
Trophy Club, Texas 76262
Meeting Minutes
Zoning Board of Adjustment (ZBA)
______________________________________________________________________
Wednesday, January 14, 2015 4:00 P.M. Public Services Conference Room
______________________________________________________________________
CALL TO ORDER, ROLL CALL, AND ANNOUNCE A QUORUM
Acting Chairman Lou Opipare called to order the Zoning Board of Adjustment meeting for
Wednesday, January 14, 2015, at 4:01 p.m. and announced a quorum present (5 members).
Present: 5 - Acting Chairman Lou Opipare, Board Member John Arnott, Sr., Board Member Joe
Henning, Board Member Michael Biggs, and Board Member Candice Vogt
Absent: 3 - Board Member Robert Rader, Board Member Patia Boomsma, Board Member Flake
Diane Barber
STAFF AND GUEST(S) PRESENT:
Matt Jones, Senior Planner
Robbie Killingsworth, Recording Secretary
Danny Scroggins and wife, Applicant
REGULAR SESSION
Acting Chairman Opipare explained the order of the meeting to those present.
Matt Jones, Senior Planner for the Town of Trophy Club explained that the meeting is recorded, and
requested the Chairman to announce the board members before they speak. The recording is audio, not
video. For benefit of those listening later it helps make it more clear.
2015-0038-T Consider and take appropriate action regarding the November 11, 2014 Board of
Adjustment meeting minutes.
11112014 ZBA MeetingMinutes.pdf
Attachments:
Motion made by Board Member Henning, seconded by Board Member Biggs, to approve the
November 11, 2014 Board of Adjustment meeting minutes. The vote passed unanimously.
Zoning Board of Adjustment (ZBA)Zoning Board of Adjustment (ZBA)Page 5 of 35Page 5 of 35November 12, 2015November 12, 2015
2015-0039-T Discussion, consideration, and recommendation for appointment of regular Zoning
Board of Adjustment members to serve as the Chairman, Acting Chairman, and
Secretary.
Acting Chairman Opipare asked for nominations for Chairman. Acting Chairman Opipare nominated Bob
Radder for Chairman, seconded by Board Member Henning. The vote passed unanimously.
Acting Chairman Opipare asked for nominations for Acting Chairman. Board Member Henning
nominated Lou Opipare for Acting Chairman, seconded by Board Member Arnott. The vote passed
unanimously.
Acting Chairman Opipare asked for nominations for Secretary. Acting Chairman Opipare nominated
Board Member Michael Biggs for Secretary, seconded by Board Member Arnott. The vote passed
unanimously.
PUBLIC HEARING
CITIZEN PRESENTATIONS
Citizens are allowed three (3) minutes to address the Board regarding an item over which the Board has
policy or oversight authority as provided by Texas law, the ethics order, or other policy order.
PUBLIC HEARING - OPENED AT 4:08 P.M.
Acting Chairman Opipare announced the case and opened the public hearing.
2015-0036-T Public Hearing regarding a request for a variance to the Town of Trophy Club
zoning regulations Ch. 13 - Section 4.04, R-10 Single Family Residential District
Regulations, regarding the rear yard setback, being located at 17 E. Hillside Place,
Trophy Club, TX.
Staff Report - ZBA- 011415 - 17 E. Hillside Pl.pdf
Attachments:
Acting Chairman Opipare asked for comments from applicant Danny Scroggins.
2015-0037-T Public Hearing regarding a request for a variance to PD-27 - The Highlands,
Section 4 Lot Type Regulations - regarding the maximum lot coverage, being
located at 2744 Enfield Dr., Trophy Club, TX.
Staff Report - ZBA- 011415 - 2744 Enfield Dr.pdf
Attachments:
Acting Chairman Opipare asked for comments from applicant Cliff Travis.
PUBLIC HEARING - CLOSED AT 4:36 P.M.
January 14, 2015 ZBA Minutes Page 2 of 3
Zoning Board of Adjustment (ZBA)Zoning Board of Adjustment (ZBA)Page 6 of 35Page 6 of 35November 12, 2015November 12, 2015
CONVENE INTO REGULAR SESSION
Reconvened into regular session the Wednesday, January 14, 2015, Zoning Board of Adjustment
meeting at 4:37 p.m. with a quorum of five (5) members present.
REGULAR SESSION
2015-0040-T Consider and take appropriate action regarding a request for a variance to the
Town of Trophy Club zoning regulations Ch. 13 - Section 4.04, R-10 Single Family
Residential District Regulations, regarding the rear yard setback, being located at
17 E. Hillside Place, Trophy Club, TX.
Motion made by Board Member Arnott, seconded by Board Member Vogt, that this Agenda Item be
approved. Motion carried unanimously.
2015-0041-T Consider and take appropriate action regarding a request for a variance to PD-27 -
The Highlands, Section 4 Lot Type Regulations - regarding the maximum lot
coverage, being located at 2744 Enfield Dr., Trophy Club, TX.
Motion made by Board Member Hennig, seconded by Board Member Biggs, that this Agenda Item be
approved with the following condition: structure not to exceed 14x24. Motion carried unanimously.
ADJOURN
Acting Chairman Opipare asked for a motion to adjourn.
Motion made by Board Member Arnott, seconded by Board Member Vogt, to adjourn. Motion carried
unanimously. Meeting adjourned at 4:54 p.m.
___________________________________ ___________________________________
Lou Opipare, Acting Chairman Robbie Killingsworth, Recording Secretary
Zoning Board of Adjustment Community Development
Town of Trophy Club, Texas Town of Trophy Club, Texas
January 14, 2015 ZBA Minutes Page 3 of 3
Zoning Board of Adjustment (ZBA)Zoning Board of Adjustment (ZBA)Page 7 of 35Page 7 of 35November 12, 2015November 12, 2015
Trophy Club Entities 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2015-0743-T Version:1 Name:
Type:Agenda Item Status:Public Hearing
File created:11/5/2015 In control:Zoning Board of Adjustment (ZBA)
On agenda:11/12/2015 Final action:
Title:Conduct a public hearing regarding a request for a variance to the setback requirements for a
swimming pool on property located at 2010 Churchill Downs on Lot 22, Block B, Churchill Downs.
Attachments:Staff Report.pdf
Exhibit A.pdf
Exhibit B.pdf
DateVer.Action ByActionResult
Conductapublichearingregardingarequestforavariancetothesetbackrequirementsforaswimmingpoolonproperty
located at 2010 Churchill Downs on Lot 22, Block B, Churchill Downs.
Zoning Board of Adjustment (ZBA)Zoning Board of Adjustment (ZBA)Page 8 of 35Page 8 of 35November 12, 2015November 12, 2015
STAFF REPORT
Zoning Board of Adjustment
November 12, 2015
ZBA-15-23: Variance – 2010 Churchill Downs
SUBJECT:
Discussion and take appropriate action regarding a request for a variance to the
setback requirements for aswimming pool on property located at 2010 Churchill
Downs on Lot 22, Block B, Churchill Downs.
REQUEST:
The applicants, Justin and Jessica Springfield, arerequesting approval of a variance to the
setback requirements for a swimming pool, proposed to be constructed behind the home.
ZONING:
The subject property is zoned PD Planned Development Residential and is located in the
PD 29district.
CURRENT CONDITIONS:
The subject property isapproximately 10,847square feet in size and containsa4,468
square foot home that was built in 2008.
VARIANCEREQUEST DETAILS:
The applicant is requesting to construct a swimming pool behind the home. The water
line of the proposed swimming pool would be located four feet from the rear property
line and eight feet from the side property line.
The PD 29 regulations allow pools to be located outside of standard building setbacks.
However, regarding the location of swimming pools, Section 15.04(H)3 of Chapter 3-
Buildings and Construction in the Code of Ordinances states that “the water’s edge of the
swimming pool must be at least six (6) feet from any property line”. Therefore the
applicant is requesting to encroach two feet into the rear six-foot setback.
The applicant is requesting the variancegiven the relatively small size of the lot“in order
to be able to safely install a pool wide enough to account for the safety of children not to
hit the other side and include a "diving bell".
Page 1 of 2
Zoning Board of Adjustment (ZBA)Zoning Board of Adjustment (ZBA)Page 9 of 35Page 9 of 35November 12, 2015November 12, 2015
VARIANCEAUTHORITY:
Section 15.07, Chapter 3-Buildings and Constructionin the Code of Ordinances states
that the “Building Board of Appeals shall review the determination of the Building
Official and, in so doing, may consider whether or not the regulations and standards of
this Article will, by reason of exceptional circumstance or surroundings, constitute a
practical difficulty or unnecessary hardship. The decision of the Building Board of
Appeals shall be final”.
Section3.04, Chapter 3-Buildings and Construction in the Code of Ordinances statesthat,
for the purposes of hearing appeals to Chapter 3 provisions, the Zoning Board of
Adjustment shall serve as the Building Board of Appeals.
PUBLIC NOTIFICATION
Per the requirements of the State of Texas and the Trophy Club Code of Ordinances, a
notice of public hearing concerning the variancerequest was published in the Fort Worth
Star Telegram. Notice was also mailed to 13property owners within 200 feet of the
subject property. To date no correspondence has been received.
STAFF REVIEW
:
The applicant is requesting a variance to encroach two feet into the required six foot rear
setback for a swimming pool. Section 15.07, Chapter 3-Buildings and Construction in
the Code of Ordinances states that staff may consider appeals by to the regulations that
by reason of exceptional circumstance or surroundings, constitute a practical difficulty or
unnecessary hardship. The situation involved with this variance is somewhat unique.
The property located behind the subject property is owned by the U.S. Army Corps of
Engineers as part of the Lake Grapevine perpetual open space. This negates any potential
negative impact on an adjacent property owner effectively meeting the intent ofthe
setback restrictions for swimming pools.There are no easements located withinthe area
where the pool is to be constructed.
Therefore, staff recommends approval of the request.
The Board’s options regarding action on this request are as follows:
1.Deny the request;
2.Approve the request as submitted;
3.Approve the request with conditions;
4.Continue the request to a date certain for consideration on a future agenda.
The decision of the Board is final.
Attachments: Exhibit “A” –Applicationand Materials Submitted by Applicant
Exhibit “B”– Pictures and Exhibits Provided by Staff
Page 2 of 2
Zoning Board of Adjustment (ZBA)Zoning Board of Adjustment (ZBA)Page 10 of 35Page 10 of 35November 12, 2015November 12, 2015
Exhibit A
Zoning Board of Adjustment (ZBA)Zoning Board of Adjustment (ZBA)Page 11 of 35Page 11 of 35November 12, 2015November 12, 2015
Exhibit A
Zoning Board of Adjustment (ZBA)Zoning Board of Adjustment (ZBA)Page 12 of 35Page 12 of 35November 12, 2015November 12, 2015
Exhibit A
Zoning Board of Adjustment (ZBA)Zoning Board of Adjustment (ZBA)Page 13 of 35Page 13 of 35November 12, 2015November 12, 2015
November 12, 20152015
12,
November
Exhibit A
Page 14 of 3535of
14
Page
Zoning Board of Adjustment (ZBA)(ZBA)
Adjustment
of
Board
Zoning
Exhibit A
Zoning Board of Adjustment (ZBA)Zoning Board of Adjustment (ZBA)Page 15 of 35Page 15 of 35November 12, 2015November 12, 2015
Exhibit A
Zoning Board of Adjustment (ZBA)Zoning Board of Adjustment (ZBA)Page 16 of 35Page 16 of 35November 12, 2015November 12, 2015
November 12, 20152015
12,
November
NORTH
Aerial of Subject Property
Exhibit B
Page 17 of 3535of
17
Page
2010 Churchill Downs
Property
Subject
Zoning Board of Adjustment (ZBA)(ZBA)
Adjustment
of
Board
Zoning
November 12, 20152015
12,
November
Rear Property Line
Pool Plan
Exhibit B
Page 18 of 3535of
18
Page
Existing Home
4 FeetEdge of Pool to Property Line
Zoning Board of Adjustment (ZBA)(ZBA)
Adjustment
of
Board
Zoning
NORTH
November 12, 20152015
12,
November
Plat Exhibit
Exhibit B
Page 19 of 3535of
19
Page
Property
Subject
Zoning Board of Adjustment (ZBA)(ZBA)
Adjustment
of
Board
Zoning
Trophy Club Entities 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2015-0744-T Version:1 Name:
Type:Agenda Item Status:Regular Session
File created:11/5/2015 In control:Zoning Board of Adjustment (ZBA)
On agenda:11/12/2015 Final action:
Title:Discussion and take appropriate action regarding a request for a variance to the setback requirements
for a swimming pool on property located at 2010 Churchill Downs on Lot 22, Block B, Churchill
Downs.
Attachments:
DateVer.Action ByActionResult
Discussionandtakeappropriateactionregardingarequestforavariancetothesetbackrequirementsforaswimming
pool on property located at 2010 Churchill Downs on Lot 22, Block B, Churchill Downs.
Zoning Board of Adjustment (ZBA)Zoning Board of Adjustment (ZBA)Page 20 of 35Page 20 of 35November 12, 2015November 12, 2015
Trophy Club Entities 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2015-0745-T Version:1 Name:
Type:Agenda Item Status:Regular Session
File created:11/5/2015 In control:Zoning Board of Adjustment (ZBA)
On agenda:11/12/2015 Final action:
Title:Discussion and take appropriate action regarding a request for a Special Exception to, Chapter 13-
Comprehensive Zoning Ordinance, Article 7, Section 7.01(C)2 - regarding the construction of a fence
within the side yard building setback along the street, being located at 310 Tenison Trail, Trophy Club,
TX.
Attachments:Staff Report.pdf
Exhibit A.pdf
Exhibit B.pdf
DateVer.Action ByActionResult
Discussion and take appropriate action regarding a request for a Special Exception to, Chapter 13-Comprehensive
Zoning Ordinance, Article 7, Section 7.01(C)2 - regarding the construction of a fence within the side yard building setback
along the street, being located at 310 Tenison Trail, Trophy Club, TX.
Zoning Board of Adjustment (ZBA)Zoning Board of Adjustment (ZBA)Page 21 of 35Page 21 of 35November 12, 2015November 12, 2015
STAFF REPORT
Zoning Board of Adjustment
November 12, 2015
ZBA-15-22: Special Exception – 310 Tenison Trail
SUBJECT
:
Discussion and take appropriate action regarding a request for a Special Exception
to, Chapter 13-Comprehensive Zoning Ordinance, Article 7, Section 7.01(C)2 –
regarding the construction of afence within the side yard building setback along the
street, being located at 310 Tenison Trail, Trophy Club, TX.
REQUEST:
The applicant,Ty Brewer,isrequesting approval of a Special Exceptionfor a proposed
fence at 310 Tenison Trail.
ZONING:
The subject property is zoned PD Planned Development Residential and is located in the
PD 31 district.
CURRENT CONDITIONS:
The subject property isapproximately 20,081square feet and is vacant. The applicant
intends to construct a new home on the property. The building permit is currently under
review.
SPECIAL EXCEPTION REQUEST DETAILS:
PD 31 states that new fence construction must comply with fence requirements found in
Chapter 13-Zoning in the Code of Ordinances. Section 7.01(C)2 of the zoning
regulations state:
Side Yard Adjacent to Side Street: Side yard fences shall be
located within the side yard building setback, and shall not extend
beyond the building line of the side yard adjacent to a side street.
According to the plat for subject property, Canterbury Hills,Phase 2, a 20 foot
side yard building line exists on subject property along Ridge View Lane.Per the
attached plans and the applicant’s application, the applicant proposes to encroach
10feet into the required 20foot side yard setback, which would place the fence
10feetbehind the property line and 20feet from the curb. The right-of-way for
Page 1 of 3
Zoning Board of Adjustment (ZBA)Zoning Board of Adjustment (ZBA)Page 22 of 35Page 22 of 35November 12, 2015November 12, 2015
Ridge View Laneextends approximately 10 feet from the back of the curb line of
the road.
The applicant is requesting the variance in order to provide additional back yard
space for landscaping and to better allow the house to be centered on the lot.
The Zoning Board of Adjustment granted a special exception for a similar corner
lot fence encroachment at 300 Tait Court, adjacent to the subject property, on
September 10, 2015.
SPECIAL EXCEPTION AUTHORITY:
Section 7.01(P) of the zoning regulations requires any waiver to a fence
requirement to be considered by the Zoning Board of Adjustment as a Special
Exception as follows:
The Zoning Board of Adjustment shall have the power to grant a Special
Exception waiving or modifying these regulations where theliteral
enforcement of this Ordinance would result in practical difficulty or
unnecessary hardship and the relief granted would not be contrary to the
public interest but would do substantial justice and would be in
accordance with the spirit of this Ordinance.
A public hearing is not required for Zoning Board of Adjustment
consideration of a Special Exception under this Section.
1.For the purpose of this Ordinance, the following are established as
general conditions, ALL Chapter 13 Zoning of which are to be met
upon the granting of any special exception.
a.No diminution in value of surrounding properties would be
suffered; and
b.Granting the permit would be of benefit to the public interest or
surrounding properties; and
c.Denial of the permit would result in unnecessary hardship to the
owner seeking it; and
d.A zoning restriction as applied to the owners property interferes
with the reasonable use of the property, considering the unique
setting of the property in its environment; and
e.By granting the permit, substantial justice would be done; and
f.The use must not be contrary to the spirit of the Ordinance.
Page 2 of 3
Zoning Board of Adjustment (ZBA)Zoning Board of Adjustment (ZBA)Page 23 of 35Page 23 of 35November 12, 2015November 12, 2015
2.The burden of demonstrating that all general conditions have been met
and that a Special Exception is appropriate is upon the person
requesting the Special Exception. The Zoning Board of Adjustment
may require a person requesting a Special Exception to provide proof
as the Board determines necessary and appropriate for the Board to
evaluate the application for Special Exception.
STAFF REVIEW
:
The applicant is requesting a Special Exception to allow afence to be built 10 feet into
the required 20foot setback from the street. The spirit of the fence restriction in a street
setback is to leave the street yard, the area between the home and the street, open and
unobstructed. Generally speaking, the purpose of having an unobstructed street yard is to
improve the view from the road and to promote safe vehicular ingress and egressfrom
individual lots.
The Board’s options regarding action on this request are as follows:
1.Deny the request;
2.Approve the request as submitted;
3.Approve the request with conditions;
4.Continue the request to a date certain for consideration on a future agenda.
The decision of the Board is final.
Attachments: Exhibit “A” –Applicationand Materials Submitted by Applicant
Exhibit “B” – Pictures and Exhibits Provided by Staff
Page 3 of 3
Zoning Board of Adjustment (ZBA)Zoning Board of Adjustment (ZBA)Page 24 of 35Page 24 of 35November 12, 2015November 12, 2015
Exhibit A
Zoning Board of Adjustment (ZBA)Zoning Board of Adjustment (ZBA)Page 25 of 35Page 25 of 35November 12, 2015November 12, 2015
Exhibit A
Zoning Board of Adjustment (ZBA)Zoning Board of Adjustment (ZBA)Page 26 of 35Page 26 of 35November 12, 2015November 12, 2015
Exhibit A
Zoning Board of Adjustment (ZBA)Zoning Board of Adjustment (ZBA)Page 27 of 35Page 27 of 35November 12, 2015November 12, 2015
Exhibit A
Zoning Board of Adjustment (ZBA)Zoning Board of Adjustment (ZBA)Page 28 of 35Page 28 of 35November 12, 2015November 12, 2015
November 12, 20152015
12,
November
Exhibit A
Page 29 of 3535of
29
Page
Zoning Board of Adjustment (ZBA)(ZBA)
Adjustment
of
Board
Zoning
November 12, 20152015
12,
November
NORTH
Aerial of Subject Property
Exhibit B
Page 30 of 3535of
30
310 Tenison Trail
Page
Property
Subject
Zoning Board of Adjustment (ZBA)(ZBA)
Adjustment
of
Board
Zoning
November 12, 20152015
12,
November
Home Site
Existing Conditions Exhibit
Tenison Trail
Area Proposed to
be Fenced
Exhibit B
Page 31 of 3535of
20 Foot Setback
31
Page
Area
Ridge View
Lane
Zoning Board of Adjustment (ZBA)(ZBA)
Adjustment
of
Board
Zoning
November 12, 20152015
12,
November
Site Plan
Exhibit B
Page 32 of 3535of
32
Page
Building Line
Proposed
Location
Fence
20 Foot
Lot Line
Pavement
Edge of
Zoning Board of Adjustment (ZBA)(ZBA)
Adjustment
of
Board
Zoning
November 12, 20152015
12,
NORTH
November
Property
Subject
Plat Exhibit
Exhibit B
Page 33 of 3535of
33
Page
Zoning Board of Adjustment (ZBA)(ZBA)
Adjustment
of
Board
Zoning
Trophy Club Entities 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2015-0746-T Version:1 Name:
Type:Agenda Item Status:Regular Session
File created:11/5/2015 In control:Zoning Board of Adjustment (ZBA)
On agenda:11/12/2015 Final action:
Title:Discussion and presentation from staff on the authority, duties and procedures of the Zoning Board of
Adjustment.
Attachments:
DateVer.Action ByActionResult
Discussion and presentation from staff on the authority, duties and procedures of the Zoning Board of Adjustment.
Zoning Board of Adjustment (ZBA)Zoning Board of Adjustment (ZBA)Page 34 of 35Page 34 of 35November 12, 2015November 12, 2015
Trophy Club Entities 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2015-0747-T Version:1 Name:
Type:Agenda Item Status:Regular Session
File created:11/5/2015 In control:Zoning Board of Adjustment (ZBA)
On agenda:11/12/2015 Final action:
Title:Staff updates regarding variance requests previously considered by the Board.
Attachments:
DateVer.Action ByActionResult
Staff updates regarding variance requests previously considered by the Board.
Zoning Board of Adjustment (ZBA)Zoning Board of Adjustment (ZBA)Page 35 of 35Page 35 of 35November 12, 2015November 12, 2015