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Agenda Packet ZBA 09/10/2015 2&345#67+8#9 -!-!/,  !"#$#%&'()#*+ ,)-%./0'!12,+3&456767 ://-! "#)"/ '%  ! "#$%&'#(#)'*+,-./ -#0$)1 24+&,'%5#;/3-/.8/&#B@#C@BD>?@@#A:;<&/#:+ !=!3%7#$+!7'! 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"N Zoning Board of AdjustmentPage 1 of 50September 10, 2015  ! "#$%&'#(#)'*+,-./ -#0$)1://-! "#)"/ '%;/3-/.8/&#B@#C@BD 69G2M\]M6)2MFI M#=/&-!(5#-4%-#-4/#%8</# -!=/#\\%,#3,-/'# #-4/#(& -#\\! '\\#(#-4/#;<&/#:+ !=!3%7# $+!7'! "#B@@#:+ !=!3%7#H&!</#2&345#67+8#2/^%,# #;/3-/.8/&#_#C@BD#85#D?@@#AN:N# ! #%==&'% =/#\\!-4#64%3-/&#DDB#2/^%,#L</& ./ -#6'/N G88!/#`!77! ",\\&-4 6..+ !-5#H/</73./ - M(#5+#37% #-#%--/ '#-4!,#3+87!=#.//-! "#% '#4%</#%#'!,%8!7!-5#-4%-#&/\[+!&/,#,3/=!%7# //',#37/%,/#= -%=-#-4/#2\\ #;/=&/-%&5a,#F((!=/#%-#>RCORSBO_>@@#_R#4+&,#! # %'<% =/#% '#&/%, %87/#%==..'%-! ,#\\!77#8/#.%'/#-#%,,!,-#5+N M#=/&-!(5#-4%-#-4/#%--%=4/'# -!=/#% '#%"/ '%#(#!-/.,#-#8/#= ,!'/&/'#85#-4!,#$%&'# \\%,#&/.</'#85#./#(&.#-4/#(& -#\\! '\\#(#-4/#;<&/#:+ !=!3%7#$+!7'! "#B@@# :+ !=!3%7#H&!</#2&345#67+8#2/^%,# #-4/#_-4#'%5#(#;/3-/.8/&#C@BDN bbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbb#2!-7/?#bbbbbbbbbbbbbbbbbbbbbbbbbbb Zoning Board of AdjustmentPage 2 of 50September 10, 2015 Trophy Club Entities 100 Municipal Drive Trophy Club, Texas 76262 Legislation Details (With Text) File #:2015-0597-T Version:1 Name: Type:Agenda Item Status:Regular Session File created:9/4/2015 In control:Zoning Board of Adjustment (ZBA) On agenda:9/10/2015 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)1 - regarding the construction of a gate along the front of the home, being located at 351 Becket Place, Trophy Club, TX, Case #ZBA-15-18 Attachments:Agenda Briefing.pdf Exhibit A.pdf Exhibit B.pdf DateVer.Action ByActionResult DiscussionandtakeappropriateactionregardingarequestforaSpecialExceptionto,Chapter13-Comprehensive ZoningOrdinance,Article7,Section7.01(C)1-regardingtheconstructionofagatealongthefrontofthehome,being located at 351 Becket Place, Trophy Club, TX, Case #ZBA-15-18 Zoning Board of AdjustmentPage 3 of 50September 10, 2015 STAFF REPORT Zoning Board of Adjustment September 10, 2015 ZBA-15-18: Special Exception – 351 Becket Place 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)1 – regarding the construction of a gate and fence along the front of the home, being located at 351 Becket Place, Trophy Club, TX. REQUEST: The applicant, Jorge Bernal,isrequesting approval of a Special Exceptionfor a proposed gateand fenceto be constructed flush with the front façade of the homeat 351 Becket Place. ZONING: The subject property is zoned PD Planned Development Residential and is located in the PD 31 district. CURRENT CONDITIONS: The subject property is approximately 27,530square feet in size and containsa 6,243 square foot single family home that is nearing completion. 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 becomposed of decorative metal and beflush with the front elevation of the home and be connected to two masonry columns. Page 1 of 3 Zoning Board of AdjustmentPage 4 of 50September 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 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 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.” Page 2 of 3 Zoning Board of AdjustmentPage 5 of 50September 10, 2015 STAFF REVIEW AND RECOMMENDATION : The applicant is requesting to construct a gate flush with the front line of the home. The fence regulations require that fences, including gates, be setback a minimum of ten feet behind the front elevation of the home. 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 gate does 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.A similar request for a decorative metal gate flush with the front of the home was approved for 344 Dover Lane by the Board on March 17, 2015. 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 AdjustmentPage 6 of 50September 10, 2015 Exhibit A Zoning Board of AdjustmentPage 7 of 50September 10, 2015 Exhibit A Zoning Board of AdjustmentPage 8 of 50September 10, 2015 Exhibit A Zoning Board of AdjustmentPage 9 of 50September 10, 2015 Exhibit A Zoning Board of AdjustmentPage 10 of 50September 10, 2015 Exhibit A Zoning Board of AdjustmentPage 11 of 50September 10, 2015 Exhibit A Zoning Board of AdjustmentPage 12 of 50September 10, 2015 Exhibit A Zoning Board of AdjustmentPage 13 of 50September 10, 2015 2015 10, September Aerial of Subject Property B Exhibit of 50 14 Page NORTH 351 Becket Place Property Subject Adjustment of Board Zoning 2015 10, September Existing Conditions Exhibit B Exhibit Proposed of 50 Location 15 Fence Page Proposed Location Gate Adjustment of Board Zoning Bu 2015 10, September B Exhibit of 50 Proposed Fence/ Site Plan 16 Gate Location Page Adjustment of Board Zoning 2015 10, September Gate Example Provided by Applicant B Exhibit of 50 17 Page Adjustment of Board Zoning 2015 10, September Property Subject NORTH Plat Exhibit B Exhibit of 50 18 Page Adjustment of Board Zoning Trophy Club Entities 100 Municipal Drive Trophy Club, Texas 76262 Legislation Details (With Text) File #:2015-0598-T Version:1 Name: Type:Agenda Item Status:Regular Session File created:9/4/2015 In control:Zoning Board of Adjustment (ZBA) On agenda:9/10/2015 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 300 Tait Court, Trophy Club, TX, Case #ZBA-15-19 Attachments:Agenda Briefing.pdf Exhibit A.pdf Exhibit B.pdf DateVer.Action ByActionResult DiscussionandtakeappropriateactionregardingarequestforaSpecialExceptionto,Chapter13-Comprehensive ZoningOrdinance,Article7,Section7.01(C)2-regardingtheconstructionofafencewithinthesideyardbuildingsetback along the street, being located at 300 Tait Court, Trophy Club, TX, Case #ZBA-15-19 Zoning Board of AdjustmentPage 19 of 50September 10, 2015 STAFF REPORT Zoning Board of Adjustment September 10, 2015 ZBA-15-19: Special Exception – 300 Tait Court 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 300 Tait Court, Trophy Club, TX. REQUEST: The applicants, Tom and Rhonda Bellm,arerequesting approval of a Special Exception for a proposed fence at 300 Tait Court. ZONING: The subject property is zoned PD Planned Development Residential and is located in the PD 31 district. CURRENT CONDITIONS: The subject property isapproximately 18,774square feet in size and containsa4,866 square foot home that is currently under construction. 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 25 foot side yard building line exists on subject property along Tenison Trail. Per the attached plans and the applicant’s application, the applicant proposes to encroach 15 feet into the required 25 foot 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 AdjustmentPage 20 of 50September 10, 2015 Tenison Trailextends approximately 10 feet from the back of the curb line of the road. According to the applicant, the fence will be a six foot wood fence. The applicant is requesting the variance in order to provide screening for the air conditioning unitsalong the north side of the house, provide privacy for the north facing kitchen window and allow for more usable space in the back yard. There are few existing homes within this portion of the subdivision and few similar lots exist. 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 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 Page 2 of 3 Zoning Board of AdjustmentPage 21 of 50September 10, 2015 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 : The applicant is requesting a Special Exception to allow asix foot wood fence to be built 15feetinto the required 25foot 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 egress from 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 AdjustmentPage 22 of 50September 10, 2015 Exhibit A Zoning Board of AdjustmentPage 23 of 50September 10, 2015 Exhibit A Zoning Board of AdjustmentPage 24 of 50September 10, 2015 Exhibit A Zoning Board of AdjustmentPage 25 of 50September 10, 2015 Exhibit A Zoning Board of AdjustmentPage 26 of 50September 10, 2015 Exhibit A Zoning Board of AdjustmentPage 27 of 50September 10, 2015 Exhibit A Zoning Board of AdjustmentPage 28 of 50September 10, 2015 Exhibit A Zoning Board of AdjustmentPage 29 of 50September 10, 2015 Exhibit A Zoning Board of AdjustmentPage 30 of 50September 10, 2015 Exhibit A Zoning Board of AdjustmentPage 31 of 50September 10, 2015 Exhibit A Zoning Board of AdjustmentPage 32 of 50September 10, 2015 Exhibit A Zoning Board of AdjustmentPage 33 of 50September 10, 2015 2015 10, September NORTH Aerial of Subject Property B Exhibit of 50 34 Page 300 Tait Court Property Subject Adjustment of Board Zoning 2015 10, September Home Under Construction Existing Conditions Exhibit Area Proposed to B be Fenced Exhibit of 50 35 Page 25 Foot Setback Area Adjustment Tenison Trail of Board Zoning 2015 10, September Site Plan B Exhibit of 50 36 Page Building Line 25 Foot Proposed Location Fence Adjustment of Board Zoning 2015 10, NORTH September Property Subject Plat Exhibit B Exhibit of 50 37 Page Adjustment of Board Zoning Trophy Club Entities 100 Municipal Drive Trophy Club, Texas 76262 Legislation Details (With Text) File #:2015-0599-T Version:1 Name: Type:Agenda Item Status:Regular Session File created:9/4/2015 In control:Zoning Board of Adjustment (ZBA) On agenda:9/10/2015 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 2 East Hillside Place, Trophy Club, TX., Case #ZBA-15-17 Attachments:Agenda Briefing.pdf Exhibit A.pdf Exhibit B.pdf DateVer.Action ByActionResult DiscussionandtakeappropriateactionregardingarequestforaSpecialExceptionto,Chapter13-Comprehensive ZoningOrdinance,Article7,Section7.01(C)2-regardingtheconstructionofafencewithinthesideyardbuildingsetback along the street, being located at 2 East Hillside Place, Trophy Club, TX., Case #ZBA-15-17 Zoning Board of AdjustmentPage 38 of 50September 10, 2015 STAFF REPORT Zoning Board of Adjustment September 10, 2015 ZBA-15-17: Special Exception - 2 East Hillside Place 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 2 East Hillside Place, Trophy Club, TX. REQUEST: The applicants, Robert and Heather McMahan, arerequesting approval of a Special Exception for a proposed fence at 2 East Hillside Place. ZONING: The subject property is zoned R10-Single Family ResidentialDistrict. CURRENT CONDITIONS: The subject property is approximately 12,151square feet in size and containsa 2,800 square foot single family home that was constructed in 1991. SPECIAL EXCEPTION REQUEST DETAILS: Chapter 13-Zoning in the Code of Ordinances, Section 7.01(C)2 states: “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, Section 12, Trophy Club Addition, a 15 foot side yard building line exists on subject property along Indian Creek Drive. Per the attached plans and the applicant’s application, the applicant proposes to encroach approximately 12 feet into the required 15 foot side yard setback, which would place the fence approximately 3 feet behind the property line and 13 feet from the curb.The right-of-way for Indian Creek Drive extends approximately 10 feet from the back of the curb line of the road. Page 1 of 3 Zoning Board of AdjustmentPage 39 of 50September 10, 2015 According to the applicant, the fence will be a six-foot, three inch tall wood fence. A 12 foot long metal and wood sliding gate would be placed across the driveway, which accesses Indian Creek Drive. The applicant is requesting the variance in order to construct a pool in the back yard. In order to avoid removing a large tree in the back yard to accommodate the pool, the applicant proposes to expand the back yard area through this request. The applicant states that the lot behind the subject property at 42 West Hillside Placecontains an existing encroaching fence and that their proposed fence would line up with this fence. A staff site measurement of the existing fence at 42 West Hillside Place showed the fence to be located approximately 14 feet from the back of the curb line of Indian Creek Drive. In addition to 42 West Hillside Place, the lot at 41 West Hillside Place also contains an existing fence that is located ten feet from the curb line of Indian Creek Drive. Staff could find no record of any previously approved special exceptions for the existing fences at 41 and 42 West Hillside Place. 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 AdjustmentPage 40 of 50September 10, 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 : The applicant is requesting a Special Exception to allow a six foot, three inch woodfence to be built 12 feet into the required 15 foot 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. Although not approved by The Town, the properties at 41 and 42 West Hillside Place contain existing encroachments as do other corner lots along Indian Creek Drive. 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 AdjustmentPage 41 of 50September 10, 2015 Exhibit A Zoning Board of AdjustmentPage 42 of 50September 10, 2015 Exhibit A Zoning Board of AdjustmentPage 43 of 50September 10, 2015 Exhibit A Zoning Board of AdjustmentPage 44 of 50September 10, 2015 Exhibit A Zoning Board of AdjustmentPage 45 of 50September 10, 2015 Exhibit A Zoning Board of AdjustmentPage 46 of 50September 10, 2015 2015 10, September 2 East Hillside Place Property Subject Aerial of Subject Property B Exhibit of 50 47 Page Adjustment of Board Zoning NORTH 2015 10, Yard Fence at 42 September Existing Side W. Hillside Existing Conditions Exhibit B Exhibit of 50 North Side of 48 Page House Proposed Location Fence Adjustment of Board Zoning 2015 10, September Building Line Proposed Fence 15 Foot Location B Exhibit of 50 49 Page Site Plan Adjustment of Board Zoning 2015 10, September Property Subject Plat Exhibit B Exhibit of 50 50 Page Adjustment of Board Zoning NORTH