Agenda Packet ZBA 03/17/2015
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Zoning Board of Adjustment3 of 37March 17, 2015
Trophy Club Entities 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2015-0189-T Version:1 Name:
Type:Agenda Item Status:Draft
File created:3/13/2015 In control:Zoning Board of Adjustment (ZBA)
On agenda:3/17/2015 Final action:
Title:Consider and take appropriate action regarding a request for a Special Exception to, Chapter 13-
Comprehensive Zoning Ordinance, Article 7, Section 7.01(C)3, regarding the construction of a parallel
fence, being located at 651 Indian Creek Drive, Trophy Club, TX.
Attachments:Staff Briefing and Related Exhibits
DateVer.Action ByActionResult
Consider and take appropriate action regarding a request for a Special Exception to, Chapter 13-
Comprehensive Zoning Ordinance, Article 7, Section 7.01(C)3, regarding the construction of a parallel fence,
being located at 651 Indian Creek Drive, Trophy Club, TX.
Zoning Board of Adjustment4 of 37March 17, 2015
STAFF REPORT
Zoning Board of Adjustment
March 17, 2015
ZBA-15-13: 651 Indian Creek Drive
SUBJECT
:
Zoning Board of Adjustment to conduct a Discussion and take appropriate action
regarding a request for a Special Exceptionto, Chapter 13-Comprehensive Zoning
Ordinance, Article 7, Section 7.01(C)3, regarding the construction of a parallel
fence, being located at 651 Indian Creek Drive, Trophy Club, TX.
REQUEST:
The applicant,Ryan Dealey, Ashton Woods Homes,isrequestingapproval of aSpecial
Exceptionfor an existing fence located at 651 Indian Creek Drive.
ZONING:
The property is zoned PD-Planned Development District and is located within PD 31.
PD 31 does not contain any specific fencing requirements relative to the applicant’s
request.
CURRENT CONDITIONS:
The subject property is approximately 18,600 square feet in size and contains a new
single family home(permit issued August 19, 2014)that is nearing completion of
construction. The fence in questionis completed andwas built without prior approval
from the Town and was, therefore, observed during a routine inspection of the property.
Upon discovery, the applicant was informed to remove the fence or request a Special
Exception. The final inspection of the home is pending the outcome of this item.
The fence in question is located along the rear property lineadjacent and parallel to an
existing eight foot high masonry fence built by the golf course owner in order to screen
the golf course maintenance facilitylocated behind the subject property. The fencein
question isapproximately 80 feet in length and isa stained wood, board-on-board fence,
eight feet in height and is offset from the masonry fence by approximately two feet on
each end creating a two foot gap between the fences.The existing masonry fence is
approximately 700 feet in length.
Page 1 of 4
Zoning Board of Adjustment5 of 37March 17, 2015
SPECIAL EXCEPTIONREQUESTDETAILS:
Given the absence of any parallel fencing requirements in the PD 31 zoning for the
subject property mentioned above, any fences on the property must meet the fencing
requirements in the Town zoning regulations. Section 7.01(C)3 of the zoning regulations
state:
“3. Parallel Fences: Fences shall not be constructed parallel to and
within twenty feet (20’) from an existing fence, except where the
following conditions exist. A fence:
a. Surrounding a transformer;
b. Providing a barrier for pools and spas as required by applicable
law;
c. That shares a common post with an existing fence;”
The fence in question does not meet the criteria listed above and is 18 feet short of
the minimum 20 foot requirement. The applicant states that the fence was built
for aesthetic purposes in order to cover, or screen,the existing masonry fence
located along the rear property line.The existing masonry fence is composed of
pre-cast concrete panels intendedto resemble natural stone.
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 thepower to grant a Special
Exception waiving or modifying these regulations where the literal
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
Page 2 of 4
Zoning Board of Adjustment6 of 37March 17, 2015
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 owner’s 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.
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 theBoard determines necessary and appropriate for the Board to
evaluate the application for Special Exception.”
STAFF REVIEW AND RECOMMENDATION
:
Theapplicant is requesting a Special Exceptionto allow their, as yet unapproved, eight
foot wood fence to remain standing parallel within two feet of an existing eight foot
masonry fence for aesthetic reasons. The primary reason for the parallel fencing
restriction is to prevent potential nuisance problems related to unmaintained plant growth
between the fences along with habitation by small wild animals. As section two above
states, 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.
Given this, staff recommends that any approval by the Board, at a minimum, be
conditioned upon the following:
(1)Abatement of all nuisances, including weeds, undergrowth, trash and animals
within the gap area shall be the responsibility of the subject property owner.
(2)A gate shall be built into the fence allowing access into the gap area between
fences in order to perform fence maintenance, pruning of any vegetationand any
other maintenance as necessary.
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;
Page 3 of 4
Zoning Board of Adjustment7 of 37March 17, 2015
4.Continue the request to a date certain for consideration on a future agenda.
If this request is denied, the existing portions of the fence must be removed by the
applicant prior to approval of the final inspection for the home. The decision of the
Board is final.
Attachments: Exhibit “A” –Applicationand Materials Submitted by Applicant
Exhibit “B” – Pictures and Exhibits Provided by Staff
Page 4 of 4
Zoning Board of Adjustment8 of 37March 17, 2015
Exhibit "A"
Zoning Board of Adjustment9 of 37March 17, 2015
Exhibit "A"
Zoning Board of Adjustment10 of 37March 17, 2015
Exhibit "A"
Zoning Board of Adjustment11 of 37March 17, 2015
Exhibit "A"
Zoning Board of Adjustment12 of 37March 17, 2015
Exhibit "A"
Zoning Board of Adjustment13 of 37March 17, 2015
2015
17,
March
Exhibit "A"
of 37
14
Adjustment
of
Board
Zoning
Exhibit "A"
Zoning Board of Adjustment15 of 37March 17, 2015
Exhibit "A"
Zoning Board of Adjustment16 of 37March 17, 2015
2015
17,
March
NORTH
Aerial of Subject Property
651 Indian Creek
Property
Subject
Exhibit "B"
of 37
17
Adjustment
of
Board
Zoning
2015
17,
March
Masonry
Existing
Fence
Gap View Looking South
Approximate two-foot wide
gap area between fences
Exhibit "B"
of 37
18
Applicant’s
Fence
Adjustment
of
Board
Zoning
2015
17,
March
View of Applicant’s Fence from Back Patio of Home Looking West
Exhibit "B"
of 37
19
Golf Course
Maintenance
Facility
Adjustment
of
Board
Zoning
2015
17,
March
View of Existing Masonry Fence Looking North From Junction Way
Exhibit "B"
of 37
20
Adjustment
of
Board
Zoning
Trophy Club Entities 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2015-0190-T Version:1 Name:
Type:Agenda Item Status:Draft
File created:3/13/2015 In control:Zoning Board of Adjustment (ZBA)
On agenda:3/17/2015 Final action:
Title:Consider and take appropriate action regarding a request for a Special Exception to, Chapter 13-
Comprehensive Zoning Ordinance, Article 7, Section 7.01(C)1 - regarding the construction of a fence
and gate along the front elevation of the primary structure, being located at 344 Dover Lane, Trophy
Club, TX.
Attachments:Staff Briefing and Related Exhibits
DateVer.Action ByActionResult
ConsiderandtakeappropriateactionregardingarequestforaSpecialExceptionto,Chapter13-
ComprehensiveZoningOrdinance,Article7,Section7.01(C)1-regardingtheconstructionofafenceandgate
along the front elevation of the primary structure, being located at 344 Dover Lane, Trophy Club, TX.
Zoning Board of Adjustment21 of 37March 17, 2015
STAFF REPORT
Zoning Board of Adjustment
March 17, 2015
ZBA-15-14: 344 Dover Lane
SUBJECT
:
Zoning Board of Adjustment to conduct a Discussion and take appropriate action
regarding a request for a Special Exceptionto, Chapter 13-Comprehensive Zoning
Ordinance, Article 7, Section 7.01(C)1 – regarding the construction of afenceand
gate along the front elevation of the primary structure, being located at 344 Dover
Lane, Trophy Club, TX.
REQUEST:
The applicants, Kevin and Donna McCollough,arerequesting approval of a Special
Exception for a proposed fence and gate at 344 Dover Lane.
ZONING:
The subject property is zoned PD-Planned Development District and is located within PD
31. PD 31 does not contain any specificfencing requirements relative to the applicant’s
request.
CURRENT CONDITIONS:
The subject property is approximately 13,852 square feet in size and contains a new
single family home that was permitted for construction on March 13, 2014 and has since
received a final inspection. Included with the home construction is a seven foot long
variable height wing wall. As the attached exhibit shows, the wing wall is considered
part of the home and is provided for architectural articulation. It is not considered a fence
unless attached to a fence and/or gate.
On February 23, 2015, a fence permit application was received for the property that
includes construction of twosix-foot masonry corner columns, a four to five foot tall
wrought iron fence on the side property lines, and a decorative metal gate across a portion
of the driveway, setback approximately 20 feet from the front wall of the home.
However, per the attached exhibit, the two masonry columns were built at the front line
of the home with the intention of constructing the gate in this location, contrary to the
location shown on the fence permit.
Page 1 of 3
Zoning Board of Adjustment22 of 37March 17, 2015
Given the connection of the columns and proposed gate to the wing wall mentioned
above, the wing wall is now considered a portion of the non-conforming fence and is
included as part of this request.
SPECIAL EXCEPTION REQUEST DETAILS:
Given the absence of any front yard fencing requirements in the PD 31 zoning for the
subject property mentioned above, any fences on the property must meet the fencing
requirements in the Town zoning regulations. Section 7.01(C)1 of the zoning regulations
state:
“Front Elevation: All fences shall be located a minimum of ten feet (10’)
behind the front elevation of the primary structure.”
The gate would be flush with the frontelevation of the home. The gate would be
eight feet in height and composed of ornamental metal attached to two existing
six foot high existing masonry columns on each end. As mentioned above, the
south column is also attached to theexisting variable height wing wall that
provides a flush connection to the front wall of the house.
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 the literal
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
Page 2 of 3
Zoning Board of Adjustment23 of 37March 17, 2015
d.A zoning restriction as applied to the owner’s 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.
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 AND RECOMMENDATION
:
The applicant is requesting a SpecialException to allow their eight foot high decorative
metal gate to be installed between the existing masonry columns and wing wall.The
location of the gate and the six foot columns is not consistent with the location shown on
the fence permit application. The purpose of the ten foot fence offset requirement from
the front elevation is to provide further articulation and wall breaks within the street yard
thereby enhancing community aesthetics. However, the transparency created by a
decorative metal gatedoes serve to dampen the street yard “wall” effect that this section
of the fence regulations seeks to address. That said, as section two above states, 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.
Given this, staff recommendsthat the Board take into account the general conditions
listed above for granting Special Exceptions in considering this 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.
If this request is denied, the existing portions of the fence, including the columns, must be
removed by the applicant. The decision of the Board is final.
Attachments: Exhibit “A” –Applicationand Materials Submitted by Applicant
Exhibit “B” – Pictures and Exhibits Provided by Staff
Exhibit “C” –Fence Permit Application
Page 3 of 3
Zoning Board of Adjustment24 of 37March 17, 2015
Exhibit "A"
Zoning Board of Adjustment25 of 37March 17, 2015
Exhibit "A"
Zoning Board of Adjustment26 of 37March 17, 2015
Exhibit "A"
Zoning Board of Adjustment27 of 37March 17, 2015
Exhibit "A"
Zoning Board of Adjustment28 of 37March 17, 2015
Exhibit "A"
Zoning Board of Adjustment29 of 37March 17, 2015
2015
17,
March
Exhibit "A"
of 37
30
Adjustment
of
Board
Zoning
Exhibit "A"
Zoning Board of Adjustment31 of 37March 17, 2015
Exhibit "A"
Zoning Board of Adjustment32 of 37March 17, 2015
Exhibit "A"
Zoning Board of Adjustment33 of 37March 17, 2015
2015
17,
March
Aerial of Subject Property
Exhibit "B"
of 37
34
NORTH
344 Dover Lane
Property
Subject
Adjustment
of
Board
Zoning
Column and
Wing Wall
Masonry
2015
Existing
17,
March
Existing Conditions Exhibit
Proposed Gate Location
Exhibit "B"
of 37
35
Adjustment
Masonry
Existing
Column
of
Board
Zoning
2015
17,
March
Floor Plan
Wing Wall Exhibit
Exhibit "B"
of 37
36
Approved Wing
Wall Location
Front Home Elevation
Adjustment
of
Board
Zoning
2015
17,
March
Special Exception Exhibit
e
n
a
L
r
Exhibit "B"
e
v
o
of 37
37
D
Includes gate, columns
Adjustment
10 Foot Offset
and wing wall
Fence Permit
Exception
Request
Special
of
Application
Request
Board
Line
Zoning