Agenda Packet ZBA 01/14/2015
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Zoning Board of AdjustmentPage 1 of 24Meeting Date: January 14, 2015
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Zoning Board of AdjustmentPage 2 of 24Meeting Date: January 14, 2015
Trophy Club Entities 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2015-0039-T Version:1 Name:
Type:Agenda Item Status:Regular Session
File created:1/9/2015 In control:Zoning Board of Adjustment (ZBA)
On agenda:1/14/2015 Final action:
Title:Discussion, consideration, and recommendation for appointment of regular Zoning Board of
Adjustment members to serve as the Chairman, Acting Chairman, and Secretary.
Attachments:
DateVer.Action ByActionResult
Discussion, consideration, and recommendation for appointment of regular Zoning Board of Adjustment
members to serve as the Chairman, Acting Chairman, and Secretary.
Zoning Board of AdjustmentPage 3 of 24Meeting Date: January 14, 2015
Trophy Club Entities 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2015-0038-T Version:1 Name:
Type:Agenda Item Status:Regular Session
File created:1/9/2015 In control:Zoning Board of Adjustment (ZBA)
On agenda:1/14/2015 Final action:
Title:Consider and take appropriate action regarding the November 11, 2014 Board of Adjustment meeting
minutes.
Attachments:11112014 ZBA MeetingMinutes.pdf
DateVer.Action ByActionResult
Consider and take appropriate action regarding the November 11, 2014 Board of Adjustment meeting
minutes.
Zoning Board of AdjustmentPage 4 of 24Meeting Date: January 14, 2015
Trophy Club Entities
100 Municipal Drive
Trophy Club, Texas 76262
Meeting Minutes
Zoning Board of Adjustment (ZBA)
______________________________________________________________________
Tuesday, November 11, 2014 4:03 P.M. Public Services Conference Room
______________________________________________________________________
ZONING BOARD MEMBER(S) PRESENT:
Robert Radder, Chairman
Lou Opipare
Joe Henning
ZONING BOARD MEMBER(S) ABSENT:
Elisabeth Kaylor, Acting Chairman
Patia Boomsma, Secretary
STAFFPRESENT:
Matt Jones Senior Planner
Robbie Killingsworth Recording Secretary
CALL TO ORDER, ROLL CALL,AND ANNOUNCE A QUORUM
Chairman Robert Radder called to order the Zoning Board of Adjustment meeting for Tuesday, November
11, 2014, at 4:03 p.m. and announced that a quorum (three members) were present. He explained the
order of the meeting to those present.
APPROVAL OF MINUTES
1.2014-1625-T Consider and take appropriate action regarding the October 8, 2013,
Zoning Board of Adjustment meeting minutes.
Motion made by Board Member Opipare, seconded by Board Member Henning, that this Agenda Item be
approved. Motion carried unanimously.
PUBLIC HEARING
Chairman Radder announced the case and opened the public hearing.
2.2014-1624-T Discussion and recommendation of applicants to fill two (2) expiring terms
on the Zoning Board of Adjustment for the Town of Trophy Club.
APPLICANT(S) PRESENT:
Michael Biggs
Robert Radder
Candice Vogt
APPLICANT(S) ABSENT:
John Arnott, Sr.
Flake Diane Barber
Jeffrey Beach
Zoning Board of AdjustmentPage 5 of 24Meeting Date: January 14, 2015
Senior Planner, Matt Jones, stated there are two (2) expiring terms to be filled. Chairman Robert Radder
and Acting Chairman Elisabeth Kaylor are up for reappointment. The other four (4) positions will be
alternates. Terms for the current Zoning Board of Adjustment members are as follows:
2014 – Robert Radder, Elisabeth Kaylor
2015 – Patia Boomsma, Joe Henning, Lou Opipare
The following applicants were interviewed: Michael Biggs, Robert Radder, Candice Vogt
Senior Planner, Matt Jones, stated that John Arnott, Sr. and Jeffrey Beach contacted him and were not
able to attend. They both are willing to serve as alternates on the board.
After questions for applicants the Zoning Board of Adjustment for the Town of Trophy Club closed the
public hearing.
CONVENE INTO REGULAR SESSION
Reconvened into regular session the Tuesday, November 11, 2014, Zoning Board of Adjustment meeting
at 4:26 p.m. with a quorum of three (3) members present.
Discussion and recommendation of applicants to fill two (2) vacancies on the Zoning Board of Adjustment
for the Town of Trophy Club.
Chairman Radder called for a motion.
Motion made by Board Member Opipare, seconded by Board Member Henning, that Michael Biggs and
Robert Radder serve as permanent members of the board; that John Arnott, Sr., Flake Diane Barber,
Jeffrey Beach, and Candice Vogt serve as alternates. Motion passed unanimously.
The Board noted that this appointment will be Robert Radder’s third term. Board Members cannot serve
more than three terms.
Chairman Radder announced that they would be recommending the following applicants to the Town
Council:
Permanent Board Member – Michael Biggs
Permanent Board Member – Robert Radder
Alternate Board Member – John Arnott, Sr.
Alternate Board Member – Flake Diane Barber
Alternate Board Member – Jeffrey Beach
Alternate Board Member – Candice Vogt
ADJOURN
Chair Robert Radder asked for a motion.
Motion made by Board Member Henning, seconded by Board Member Opipare, to adjourn. Motion
carried unanimously. Meeting adjourned at 4:35 p.m.
___________________________________ ___________________________________
Robert Radder, Chairman Matt Jones, Senior Planner
Zoning Board of Adjustment Community Development
Town of Trophy Club, Texas Town of Trophy Club, Texas
Zoning Board of AdjustmentPage 6 of 24Meeting Date: January 14, 2015
Trophy Club Entities 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2015-0036-T Version:1 Name:
Type:Agenda Item Status:Public Hearing
File created:1/9/2015 In control:Zoning Board of Adjustment (ZBA)
On agenda:1/14/2015 Final action:
Title: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.
Attachments:Staff Report - ZBA- 011415 - 17 E. Hillside Pl.pdf
DateVer.Action ByActionResult
PublicHearingregardingarequestforavariancetotheTownofTrophyClubzoningregulationsCh.13-
Section4.04,R-10SingleFamilyResidentialDistrictRegulations,regardingtherearyardsetback,being
located at 17 E. Hillside Place, Trophy Club, TX.
Zoning Board of AdjustmentPage 7 of 24Meeting Date: January 14, 2015
STAFF REPORT
Zoning Board of Adjustment
January 14, 2015
ZBA-14-11- 17 E. Hillside Place
SUBJECT
:
Zoning Board of Adjustment to conduct a Public Hearing, Discussion 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.
REQUEST:
The applicant and homeowner Danny Scroggins,is requesting approval of a10’ variance
to the 25’ minimum rear yard setback in R-10 – Single Family Residential District. The
request would allow the residence to be setback within 15’ from the rear property line.
ORDINANCE REQUIREMENT:
“R-10” Single Family Residential District requires the following:
Depth of rear yard –25 feet minimum
HISTORY:
The building permit for the residence was issued in March of 1997 and was issued shortly
after.At that time the residence met the minimum setback requirements of the zoning
district. Since thenan addition to an open patio has beenconstructed and enclosed that
encroaches into the required rear yard setback. The addition was constructed without
obtaining a building permit from the Town.
STAFF REVIEW AND RECOMMENDATION
:
Theapplicant is requesting a variance to the rear setback in order to make improvements
to an addition that was constructed without a building permit by a previous homeowner.
Although there doesn’t appear to be a negative impact on surrounding property owners,
staff is unable to establish a non-financial hardship that does not establish a privilege to
the property owner that other’s within the same zoning district would be denied.
Zoning Board of AdjustmentPage 8 of 24Meeting Date: January 14, 2015
PROPERTY OWNER NOTIFICATION:
Property owner notifications were sent out to surrounding property owners within 200
feet of the subject property. No responses have been received.
ZONING BOARD OF ADJUSTMENT:
The Zoning Board of Adjustment has the authority to consider and act upon a request for
variance if:
1.The request is not contrary to public interest.
2.The spirit of the ordinance is observed.
3.Substantial justice is done.
4.Unnecessary hardship would occur.
When reviewing a request for variance, the Board shall consider the following:
1.May not be financial alone.
2.May not be self-imposed.
3.May not provide a privilege that others have been denied.
4.May not deny a privilege that others have been granted.
Attachments: Exhibit “A” - Application
Exhibit “B” –Original Plot Plan
Zoning Board of AdjustmentPage 9 of 24Meeting Date: January 14, 2015
Exhibit “A”
Zoning Board of AdjustmentPage 10 of 24Meeting Date: January 14, 2015
Zoning Board of AdjustmentPage 11 of 24Meeting Date: January 14, 2015
Zoning Board of AdjustmentPage 12 of 24Meeting Date: January 14, 2015
Exhibit “B”
Zoning Board of AdjustmentPage 13 of 24Meeting Date: January 14, 2015
Trophy Club Entities 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2015-0037-T Version:1 Name:
Type:Agenda Item Status:Public Hearing
File created:1/9/2015 In control:Zoning Board of Adjustment (ZBA)
On agenda:1/14/2015 Final action:
Title: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.
Attachments:Staff Report - ZBA- 011415 - 2744 Enfield Dr.pdf
DateVer.Action ByActionResult
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.
Zoning Board of AdjustmentPage 14 of 24Meeting Date: January 14, 2015
STAFF REPORT
Zoning Board of Adjustment
January 14, 2015
ZBA-14-12- 2744 Enfield Dr.
SUBJECT
:
Zoning Board of Adjustment to conduct a Public Hearing, Discussion 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.
REQUEST:
The applicant and homeowner,Clifford Travis,isrequesting approval of avariance to the
maximum allowable lot coverage for primary and accessory structures for PD-27. The
applicant is requesting to construct a detached 24’ x 14’ patio cover. The construction of
the patio cover as requested would result in an overall lot coverage of 48%.
ORDINANCE REQUIREMENT:
PD-27 Lot Type Regulations for maximum lot coverage requires the following:
Lot Coverage – “The combined are covered by all main buildings and accessory
structures shall not exceed forty percent (40%) of the total lot area. Swimming
pools and spas shall not be included in determining maximum building coverage.
An Open Air Structure as defined in Section III above may be allowed up to an
additional three percent (3%) lot coverage.”
HISTORY:
The building permit for the residence was issued on July 29, 2011.At the time of
issuance the main residence exceeded the maximum allowable lot coverage per the PD-
27 development standards. The total lot area is 8,584 sf, and the residence was permitted
with a building footprint of 3,786 sf, which equals an overall44% lot coverage. The
development standards of PD-27 allow “Open Air” detached structures an additional 3%
of lot coveragethatwould allow a maximum of 43% of total lot coverage.The applicant
approached the Town Staff regarding the construction of the patio cover and it was
discovered that the residence exceeds the maximum allowablelot coverage;therefore the
applicant has made application for a variance.
Zoning Board of AdjustmentPage 15 of 24Meeting Date: January 14, 2015
STAFF REVIEW AND RECOMMENDATION
:
Theapplicant is requesting a variance to the maximum lot coverage in order to construct
a detached patio cover. The proposed patio cover would be 24’ x 14’ and total 336 sf.
When added to the existing residence (3,786 sf) that would put the overall lot coverage at
48%. Since the building permit was issued in error the property owner does not have the
ability to improve their property in the same way as other property owners in the same
zoning district, being that the property owner cannot take advantage of the additional 3%
of lot coverage allowed for detached accessory structures.
PROPERTY OWNER NOTIFICATION:
Property owner notifications were sent out to surrounding property owners within 200
feet of the subject property. One response has been received in favor of the request.
ZONING BOARD OF ADJUSTMENT:
The Zoning Board of Adjustment has the authority to consider and act upon a request for
variance if:
1.The request is not contrary to public interest.
2.The spirit of the ordinance is observed.
3.Substantial justice is done.
4.Unnecessary hardship would occur.
When reviewing a request for variance, the Board shall consider the following:
1.May not be financial alone.
2.May not be self-imposed.
3.May not provide a privilege that others have been denied.
4.May not deny a privilege that others have been granted.
Attachments: Exhibit “A” - Application
Exhibit “B” - Applicant Property Owner Petition
Exhibit “C”- Approved Plot Plan
Exhibit “D”- Property Owner Responses
Zoning Board of AdjustmentPage 16 of 24Meeting Date: January 14, 2015
Exhibit “A”
Zoning Board of AdjustmentPage 17 of 24Meeting Date: January 14, 2015
Zoning Board of AdjustmentPage 18 of 24Meeting Date: January 14, 2015
Zoning Board of AdjustmentPage 19 of 24Meeting Date: January 14, 2015
Exhibit “B”
Zoning Board of AdjustmentPage 20 of 24Meeting Date: January 14, 2015
Exhibit “C”
Zoning Board of AdjustmentPage 21 of 24Meeting Date: January 14, 2015
Exhibit “D”
Zoning Board of AdjustmentPage 22 of 24Meeting Date: January 14, 2015
Trophy Club Entities 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2015-0040-T Version:1 Name:
Type:Agenda Item Status:Regular Session
File created:1/9/2015 In control:Zoning Board of Adjustment (ZBA)
On agenda:1/14/2015 Final action:
Title: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.
Attachments:
DateVer.Action ByActionResult
ConsiderandtakeappropriateactionregardingarequestforavariancetotheTownofTrophyClubzoning
regulationsCh.13-Section4.04,R-10SingleFamilyResidentialDistrictRegulations,regardingtherearyard
setback, being located at 17 E. Hillside Place, Trophy Club, TX.
Zoning Board of AdjustmentPage 23 of 24Meeting Date: January 14, 2015
Trophy Club Entities 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2015-0041-T Version:1 Name:
Type:Agenda Item Status:Regular Session
File created:1/9/2015 In control:Zoning Board of Adjustment (ZBA)
On agenda:1/14/2015 Final action:
Title: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.
Attachments:
DateVer.Action ByActionResult
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.
Zoning Board of AdjustmentPage 24 of 24Meeting Date: January 14, 2015