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Zoning Board of AdjustmentPage 1 of 24Meeting Date: October 8, 2013
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Zoning Board of AdjustmentPage 2 of 24Meeting Date: October 8, 2013
Trophy Club Entities 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2013-639-T Version:1 Name:
Type:Agenda Item Status:Regular Session
File created:10/5/2013 In control:Zoning Board of Adjustment (ZBA)
On agenda:Final action:
Title:As required by Ordinance (Chapter 13-Zoning, Article VIII-Administration & Enforcement, Section 8.05
Zoning Board of Adjustment, Subsection D. Officers), the Zoning Board of Adjustment shall select
from among its regular members, a Chairman, an Acting Chairman to act in the absence of the
Chairman, and a Secretary.
Bob Downey, Chairman, resigned in July 2013 and ZBA is in need of a new Chairman.
Elisabeth Kaylor is Acting Chairman, nominated and elected by ZBA Board Members in November
2011.
Patia Boomsma is Secretary of ZBA. The duty of the Secretary is to sign the minutes, provided by the
Staff Liaison/Recording Secretary, after approval by the Board, and prior to the filing of the minutes in
permanent record and placement on the website.
The Board is requested to take action, as needed, to select a Chairman, Acting Chair, and Secretary.
Attachments:
DateVer.Action ByActionResult
As required by Ordinance (Chapter 13-Zoning, Article VIII-Administration & Enforcement, Section 8.05
Zoning Board of Adjustment, Subsection D. Officers), the Zoning Board of Adjustment shall select from
among its regular members, a Chairman, an Acting Chairman to act in the absence of the Chairman, and
a Secretary.
Bob Downey, Chairman, resigned in July 2013 and ZBA is in need of a new Chairman.
Elisabeth Kaylor is Acting Chairman, nominated and elected by ZBA Board Members in November 2011.
Patia Boomsma is Secretary of ZBA. The duty of the Secretary is to sign the minutes, provided by the
Staff Liaison/Recording Secretary, after approval by the Board, and prior to the filing of the minutes in
permanent record and placement on the website.
The Board is requested to take action, as needed, to select a Chairman, Acting Chair, and Secretary.
Zoning Board of AdjustmentPage 3 of 24Meeting Date: October 8, 2013
Trophy Club Entities 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2013-637-T Version:1 Name:
Type:Agenda Item Status:Regular Session
File created:10/4/2013 In control:Zoning Board of Adjustment (ZBA)
On agenda:10/8/2013 Final action:
Title:Public Hearing regarding a request for a variance to the Town of Trophy Club masonry requirements
for exterior walls to be of at least eighty (80) percent brick, stone or stucco. Applicant: John Shoden,
1 Timberline Ct.
Attachments:Staff Report.pdf
Exhibit A.pdf
R-10 SF District Regulations.pdf
Revised Wall Plan.pdf
Application (3 pages).pdf
Newspaper Publication.pdf
Property Owner Notification.pdf
Property Owners within 200 ft.pdf
DateVer.Action ByActionResult
Public Hearing regarding a request for a variance to the Town of Trophy Club masonry requirements for
exterior walls to be of at least eighty (80) percent brick, stone or stucco. Applicant: John Shoden, 1
Timberline Ct.
Zoning Board of AdjustmentPage 4 of 24Meeting Date: October 8, 2013
ZONING BOARD OF
ADJUSTMENT MEMORANDUM
Tuesday, October 8, 2013
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 masonry
requirements for R-10 zoning. Applicant: John Shoden,1
Timberline Ct., Trophy Club, Texas. ZBA-13-10
CASE HISTORY
In July 2013, Mr. Shoden submitted a residential remodel permit to enclose the back
porch of his home located at 1 Timberline Ct. Mr. Shoden indicated that he wanted to
enclose his back porch using “hardi siding” (see sheet submitted to Permit Department
by Mr. Shoden attached as “Exhibit A”). Staff reviewed the application and notified Mr.
Shoden that hardi siding could not be used as the Town of Trophy Club ordinance for
his neighborhood (R-10 Single Family Residential) requires that exterior walls shall be
of at least 80% brick, stone, or stucco. Mr. Shoden then revised the permit application
(see attached sheet entitled “Revised Wall Plan w/Footing Detail”) to indicate that he
would use stucco on the exterior walls. With the revision from siding to stucco, the
permit was approved and issued on July 15, 2013.
On July 18, 2013, an insulation inspection was performed. On or about that date, Mr.
Shoden indicated that he did not wish to use stucco but planned to use siding. He was
informed that he could not use siding but must use brick, stone or stucco. Mr. Shoden
indicated that he wanted to use siding and Staff advised that a variance request before
the ZBA Board would be required.
On August 21, Mr. Shoden turned in his variance request and staff began review of the
request. As required by ordinance, notice of public hearing was published in the local
newspaper to meet the requirement that publication shall be made at least ten (10) days
prior to this hearing. The Notice of Public Hearing was published in the September 25,
2013 Trophy Club newspaper. In addition, property owners within 200-ft. of 1
Timberline Ct. were notified of this request for variance. Twenty-six property owners
were notified and no responses for or against have been received.
While review and scheduling of the variance request took place, Mr. Shoden, finished
enclosing the porch, using vertical siding.
On the attached application (3 pages), Mr. Shoden writes the following in defense of his
variance request:
Request: “Use siding on remodeled screen porch instead of stone, brick, or stucco.
Home is Victorian with lots of siding.”
Zoning Board of AdjustmentPage 5 of 24Meeting Date: October 8, 2013
Grounds for Request: “Home is 50% siding with brick; rear of home is siding and is not
visible from either street. Trying to match style of home. Home is on corner lot notched
into hill. Trying to match existing style of home.
Ordinance Requirement
The zoning of Mr. Shoden’s property is“R-10” Single Family Residential District. The
exterior wall masonry requirements in R-10 are as follows:
“All principal and accessory buildings and structures shall be of
exterior fire resistant construction having at least eighty (80)
percent of the total exterior walls, excluding doors, windows and
porches, constructed of brick, stone or stucco.”
The R-10 district regulations are attached, with “K. Masonry Requirements” highlighted
in yellow.
Mr. Shoden’s home was built in approximately 1983. It is located on the corner of
Indian Creek Drive and Timberline Ct.
Front of Home off of Indian Creek
The front of the home has horizontal siding on both the ground floor and upper floor.
Side of Home off of Timberline Ct.
The side of the home has brickon the ground floor with horizontal siding on the exterior
walls of the upper floor.
Zoning Board of AdjustmentPage 6 of 24Meeting Date: October 8, 2013
Location of Porch
The porch is located at the rear of the property and is not visible from either Timberline
Ct. or Indian Creek Drive as illustrated by the two plot plans on the following page:
Zoning Board of AdjustmentPage 7 of 24Meeting Date: October 8, 2013
Zoning Board of AdjustmentPage 8 of 24Meeting Date: October 8, 2013
SIDE VIEW OF ENCLOSED PORCH
REAR VIEW OF ENCLOSED PORCH
Zoning Board of AdjustmentPage 9 of 24Meeting Date: October 8, 2013
EXISTING HORIZONTAL SIDING ON THE HOME
SIDING USED BY APPLICANT TO ENCLOSE PORCH
Zoning Board of AdjustmentPage 10 of 24Meeting Date: October 8, 2013
Summary
: The applicant is requesting a variance to enclose a porch using siding for
the exterior walls rather than (at least 80%) brick, stone or stucco as required by Town
Ordinance, Chapter 13-Zoning, Article IV-District Regulations, Section 4.04 R-10 Single
Family District Regulations, Subsection K.
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.
STAFF SUMMARY AND RECOMMENDATION
Staff review of this request found no evidence of a hardship. The porch is located in the
rear of the home covered by an upper story porch with two walls already provided by
the existing house. To enclose the porch, two additional walls are (were) needed and
there is an existing column made of brick; which the applicant could attempt to match
the brick to meet the exterior masonry requirements.
The applicant’s request for a variance is based on matching the Victorian style of the
home. The frontage of the home on Indian Creek gives an appearance of a house with
a majority of siding. But, although not as readily visible as siding, a closer look at the
home reveals that brick is used on the ground floor on the sides of the home and, in
staff’s opinion, a brick enclosed porch would blend with the home, especially given the
generous amount of windows used on the two sides of the porch that were enclosed,
leaving a small portion to be bricked.
ZBA is asked to make a decision on whether or not to grant a variance to allow Mr.
Shoden to keep siding on the exterior walls of the enclosed porch or to be denied a
variance request and be required to use at least 80% brick, stone, or stucco on the
exterior walls. It appears that either brick or siding would blend with the existing style of
the home.
ZONING BOARD OF ADJUSTMENT ACTION
:
The Zoning Board of Adjustment may:
Zoning Board of AdjustmentPage 11 of 24Meeting Date: October 8, 2013
1. Approve the request as asked by applicant;
2. Approve the request with stipulations as determined by the Board;
3. Deny the request.
(ch)
Attachments: Exhibit A
R-10 District Regulations
Revised Wall Plan
Application – 3 pages
Newspaper Publication
Property Owner Notification
Property Owners Within 200-ft.
Zoning Board of AdjustmentPage 12 of 24Meeting Date: October 8, 2013
Zoning Board of AdjustmentPage 13 of 24Meeting Date: October 8, 2013
Zoning Board of AdjustmentPage 14 of 24Meeting Date: October 8, 2013
Zoning Board of AdjustmentPage 15 of 24Meeting Date: October 8, 2013
Zoning Board of AdjustmentPage 16 of 24Meeting Date: October 8, 2013
Zoning Board of AdjustmentPage 17 of 24Meeting Date: October 8, 2013
Zoning Board of AdjustmentPage 18 of 24Meeting Date: October 8, 2013
Zoning Board of AdjustmentPage 19 of 24Meeting Date: October 8, 2013
Zoning Board of AdjustmentPage 20 of 24Meeting Date: October 8, 2013
Town of Trophy Club
Department of Planning & Zoning
100 Municipal Drive
Trophy Club, Texas 76262
TO: Alliance Regional Newspapers / DATE:September 20, 2013
Classifieds Dept.
FROM:PAGES:
Carolyn Huggins 1
RUN DATE:SUBJECT:
1 Time/Wednesday, Zoning Board of Adjustment
September 25, 2013
NOTICE OF PUBLIC HEARING
TROPHY CLUB ZONING BOARD OF ADJUSTMENT
Tuesday, October 8, 2013, 4:00 p.m.
A public hearing will be held by the Zoning Board of Adjustment of the Town of Trophy
Club in the Boardroom of the Svore Building, 100 Municipal Drive, at 4:00 p.m.,
Tuesday, October 8, 2013, to consider a request for a variance for a property located at
1 Timberline Ct. The applicant is enclosing a back porch and the Town’s building code
regulations require that the exterior construction be of at least eighty (80) percent brick,
stone or stucco. The applicant is requesting a variance to allow siding.
Zoning Board of AdjustmentPage 21 of 24Meeting Date: October 8, 2013
ZONING BOARD OF ADJUSTMENT
NOTICE of PUBLIC HEARING
Tuesday, October 8, 2013
PUBLIC HEARING DATE:
TIME OF PUBLIC HEARING: 4:00 p.m.
PLACE OF PUBLIC HEARING:
Svore (M.U.D.) Building – Boardroom
(Council Chambers)
100 Municipal Drive
Trophy Club, Texas 76262
APPLICANT:
John Shoden
LOCATION OF PROPERTY:
Lot 498of Section 10subdivision, addressed as 1
Timberline Ct.
PURPOSE OF PUBLIC HEARING
:The homeowner wishes to enclose the back porchand
use siding on the exterior walls to match the existing house exterior walls. The Town
ordinances require that any addition or remodel to a house must meet current building
codes and the current building code requires that exterior walls have at least eighty (80)
percent brick, stone, or stucco. The homeowner is asking for a variance to allow siding
rather than brick, stone, or stucco.
TO SURROUNDING LAND OWNERS:
Property owners within 200-ft.(two hundred feet)
of 1 Timberline Ct. receive notification ofthis request.All interested property owners are
encouraged to attend this hearing tolet the Zoning Board of Adjustment know whether or
not you support this request.
Persons wishing their opinion to be part of the record, but are unable to attend may send a
written reply prior to the date of the hearing by email tochuggins@trophyclub.org, or by
mail to: Town of Trophy Club, Attn: Carolyn Huggins, Planning & Zoning Department, 100
Municipal Drive, Trophy Club, Texas 76262.
FOR FURTHER INFORMATION:
Please contact Carolyn Huggins, Community
Development Director, 682-831-4681or chuggins@trophyclub.org
Q:\\P&Z\\ZONING BOARD OF ADJUSTMENT\\STAFF REPORTS AND CASE INFO\\2013- 1 Timberline Ct - Siding\\Property
Owner Notification.doc
Zoning Board of AdjustmentPage 22 of 24Meeting Date: October 8, 2013
Nancy M Ryks Paul J & Betty L Schmitt Homeowner
1 Creekmere Ct 2 Creekmere Ct 1 Creekmere Dr
Trophy Club, TX 76262 Trophy Club, TX 76262 Trophy Club, TX 76262
Curtis & Kathleen Cloud Roque G Bailon Shana S & John D Shoden
3 Timberline Dr 1 Timberline Dr 1 Timberline Ct
Trophy Club, TX 76262 Trophy Club, TX 76262 Trophy Club, TX 76262
Re: 2 Timberline Ct
Randy & Andrea Richardson
James E Moake, Jr Curtis R & Eileen Kern
9 Les Perdrix
3 Timberline Ct 4 Timberline Ct
La Celle St Cloud 78170
Trophy Club, TX 76262 Trophy Club, TX 76262
France
Daniel A Reckmeyer William & Marie Lewis Court & Klista Loomis
5 Timberline Ct 6 Timberline Ct 7 Timberline Ct
Trophy Club, TX 76262 Trophy Club, TX 76262 Trophy Club, TX 76262
James S Gulledge
Brian & Jaime Cox Bryan W Aldridge
2 Timberline Dr
4 Timberline Dr 1 Shield Ct
Trophy Club, TX 76262
Trophy Club, TX 76262 Trophy Club, TX 76262
James Martin Mauer Gregory P Webb Joel Sim Brown
2 Shields Ct 3 Shields Ct 4 Shields Ct
Trophy Club, TX 76262 Trophy Club, TX 76262 Trophy Club, TX 76262
David E Forrest Delmer D Bleeker Chad M & Macy Sanford
5 Shields Ct 6 Shields Ct 7 Shields Ct
Trophy Club, TX 76262 Trophy Club, TX 76262 Trophy Club, TX 76262
Mark D & Carol G Montague Frank & Abbey Flores Allison S Whitlock
235 Shields Dr 233 Shields Dr 529 Indian Creek Dr
Trophy Club, TX 76262 Trophy Club, TX 76262 Trophy Club, TX 76262
Cheryl & James Edwards Kathleen Carlton
3 Creekmere Dr. 226 Phoenix Dr.
Trophy Club, TX 76262 Trophy Club, TX 76262
Zoning Board of AdjustmentPage 23 of 24Meeting Date: October 8, 2013
Trophy Club Entities 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2013-638-T Version:1 Name:
Type:Agenda Item Status:Regular Session
File created:10/4/2013 In control:Zoning Board of Adjustment (ZBA)
On agenda:10/8/2013 Final action:
Title:Discuss and take appropriate action regarding a request for a variance to the Town of Trophy Club
masonry requirements for exterior walls to be of at least eighty (80) percent brick, stone or stucco.
Applicant: John Shoden, 1 Timberline Ct.
Attachments:
DateVer.Action ByActionResult
Discuss and take appropriate action
regarding a request for a variance to the Town of Trophy Club masonry
requirements for exterior walls to be of at least eighty (80) percent brick, stone or stucco. Applicant: John
Shoden, 1 Timberline Ct.
Zoning Board of AdjustmentPage 24 of 24Meeting Date: October 8, 2013