Agenda Packet ZBA 07/30/2012
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Zoning Board of AdjustmentPage 1 of 19Meeting Date: July 30, 2012
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Zoning Board of AdjustmentPage 2 of 19Meeting Date: July 30, 2012
Trophy Club Entities
100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2012-316-T Version:1 Name:
Type:Agenda Item Status:Regular Session
File created:7/6/2012 In control:Zoning Board of Adjustment (ZBA)
On agenda:7/30/2012 Final action:
Title:Public Hearing regarding a request for a variance to the Town of Trophy Club fence height
regulations. Applicant: Municipal Utility District No. 1
Attachments:Staff Report.pdf
Application.pdf
Exhibit A.pdf
Public Hearing - Readvertise.pdf
PON - Renotification 073012.pdf
Property Owners within 200-ft.pdf
108 Summit Cove.pdf
110 Summit Cove.pdf
114 Summit Cove.pdf
DateVer.Action ByActionResult
Title
PublicHearingregardingarequestforavariancetotheTownofTrophyClubfenceheight
regulations. Applicant: Municipal Utility District No. 1
Zoning Board of AdjustmentPage 3 of 19Meeting Date: July 30, 2012
S
ZONING BOARD OF
ADJUSTMENT MEMORANDUM
Tuesday, July 30, 2012
SUBJECT: Zoning Board of Adjustment to conduct a Public Hearing,
Discussion and Appropriate Action regarding a request for
a variance to the Town of Trophy Club fence height
regulations.Applicant: Municipal Utility District No. 1
REQUEST
:The Municipal Utility District No. 1 (MUD) is requesting a variance to build
a 10-ft. tall red cedar fence between the MUD water storage site and the residential
subdivision on Summit Cove.
The application and explanation received from the Municipal Utility District is attached.
STAFF EXPLANATION
The MUD water storage site is located at 100 Municipal Drive and the residential
neighborhood of “Summit Cove” adjoins the east and northeast side of the site.
Summit Cove subdivision was platted in 1981. The water storage site existed prior to
the platting of Summit Cove.
In 1981, Trophy Club was an extraterritorial jurisdiction of Denton County. Thus, both of
these uses were created prior to incorporation of the Town and therefore were not
subject to subdivision rules and regulations which promote orderly development of a
community. Instead, the plat only had to meet minimum governing regulations regarding
subdivision of land as required by Denton County. Development standards, such as
type and height of fencing between the two uses, did not apply, although with a water
storage site there are TCEQ (Texas Commission on Environmental Quality)
requirements for a fence around the site so a fence has always existed that met TCEQ
standards.
Today, typically,an industrial type use such as a water storage facility would not be
located immediately adjacent to single family medium density residential subdivision
without a buffer of some sort (today, typically, a 40-ft. setback from the property line of
the residential properties would be required). As both of these uses were in existence
when the Town was incorporated, the uses became legal non-conforming uses and
Zoning Board of AdjustmentPage 4 of 19Meeting Date: July 30, 2012
were allowed to exist “as is” – legal, but non-conforming to Town of Trophy Club district
regulations.
Again, as required by TCEQ, a fence has always surrounded the water storage facility.
What exists today, between the two uses, is 8-ft. wood fencing.
Summit Subdivision
The Summit subdivision is zoned “R-Summit” and allows single family detached
dwellings on a minimum lot size of 5,750 sq. ft., which is considered medium density.
There are some lots in this subdivision that are smaller than 5,750 sq. ft. minimum, but
since they existed prior to incorporation, the lots are legal non-conforming uses. The
yards are small – most are 15-ft. on three sides and a zero lot line on the remaining
side.
Ten lots in the Summit subdivision are adjacent to the water storage site -- Lots 6-15,
Block 2; these lots have even addresses of 102 through 120 Summit Cove (102, 104,
106, etc.).
Zoning Board of AdjustmentPage 5 of 19Meeting Date: July 30, 2012
Water StorageSite
The water storage site consists of a storage yard for equipment, vehicles, trailers, a
dumpster, a large storage building, small storage buildings, two ground storage tanks
37-ft. in height with three million gallon capacity (each), water pumps, and other
equipment and supplies needed to run a water district.
The setbacks are 15-ft. front, rear and sides. This property meets those requirements
except for the east tank which is 14-ft. from the property line, creating a one-ft.
encroachment. This encroachment has existed since prior to incorporation which makes
this a legal non-conforming use when the Town incorporated.
In most cities, this type of use would typically be an industrial (zoned) use. When the
Town incorporated, this property was zoned GU-Government Use.
Zoning Board of AdjustmentPage 6 of 19Meeting Date: July 30, 2012
The Town’s current fence standards require:
Front, Side and Rear Yards: Eight feet (8’) is the maximum height allowed for front,
side and rear yard fences, except as otherwise provided in Section C – Location, (4)(a)
and (5)(a) of this Ordinance. Section C.4.a. refers to golf course lots, which does not
apply to this subdivision. Section C.5.a. refers to lots facing or abutting a public park
which does not apply to this subdivision.
“Perimeter Fencing” would require a continuous wall or fence at least 8-ft. in height
along the perimeter of the boundary of the subdivision. Acceptable fence material is
brick, stone, wrought iron or wood. The existing fence meets the Town’s fence criteria.
VARIANCE REQUEST
The applicant wishes to replace the existing 8-ft. wood fencing with a 10-ft. red cedar
fence to allow the Summit residents more privacy from the adjacent water storage
facility use.
STAFF COMMENT
In consideration against this variance: These uses have co-existed since prior to Town
incorporation in 1981. Any changes made to the site have been built to meet the
Town’s current regulations.
In consideration for this variance: Industrial type uses such as a water storage facility
would not typically be allowed next to residential. With the placement of the water
storage tanks on the property, as well as the “storage” usage throughout the yard for
such things as vehicles, trailers, and equipment the applicant wishes to try to create a
vertical buffer for the adjacent residents as a horizontal buffer is not possible with the
location of the existing tanks and buildings on the lot.
Staff supports the decision of the Zoning Board of Adjustment for or against this
request.
PROPERTY OWNER NOTIFICATION/PUBLIC HEARING
: As required by ordinance,
notice of public hearing was published in the local newspaper to meet the requirement
that publication must be made at least ten (10) days prior to this hearing. In addition,
property owners within 200-ft. of water storage site were notified of this request for
variance. Publication and property owner notification was repeated for the July 30
meeting date.
Prior to publication of this packet, three responses were received in support of this
request. A copy of each is attached.
Zoning Board of AdjustmentPage 7 of 19Meeting Date: July 30, 2012
ZONING BOARD OF ADJUSTMENT AUTHORITY
:
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.
ZONING BOARD OF ADJUSTMENT ACTION
:
The Zoning Board of Adjustment may:
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: Application – 3 pages
Exhibit A – Provided by Applicant
Public Hearing - Newspaper
Property Owner Notification
List of Homeowners within 200-ft.
3 Letters in Support
Zoning Board of AdjustmentPage 8 of 19Meeting Date: July 30, 2012
Zoning Board of AdjustmentPage 9 of 19Meeting Date: July 30, 2012
Zoning Board of AdjustmentPage 10 of 19Meeting Date: July 30, 2012
Zoning Board of AdjustmentPage 11 of 19Meeting Date: July 30, 2012
2012
30,
July
Date:
Meeting
of 19
12
Page
Adjustment
of
Board
Zoning
Town of Trophy Club
Department of Planning & Zoning
100 Municipal Drive
Trophy Club, Texas 76262
TO: Alliance Regional Newspapers / DATE:July 12, 2012
Classifieds Dept.
FROM:PAGES:
Carolyn Huggins 1
RUN DATE:SUBJECT:
1 Time/Wednesday, Zoning Board of Adjustment
July 18,2012
NOTICE OF PUBLIC HEARING
TROPHY CLUB ZONING BOARD OF ADJUSTMENT
Monday, July 30, 2012, 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.,
Monday, July 30, 2012, to consider a request for a fence variance along the rear
property lines of Lots 6 to 15, Block 2 of The Summit subdivision, to allow a 10-ft. fence;
two (2) feet higher than the maximum 8-ft. fence allowed by Town ordinance. Applicant:
Municipal Utility District No. 1
Zoning Board of AdjustmentPage 13 of 19Meeting Date: July 30, 2012
Zoning Board of AdjustmentPage 14 of 19Meeting Date: July 30, 2012
David M. Stokes Christina L. VesselsJana Murphy
120 Summit Cove 118 Summit Cove 116 Summit Cove
Trophy Club, TX 76262-5419 Trophy Club, TX 76262-5419 Trophy Club, TX 76262-5419
Nancy J. Kollmorgen John WilliamsCaroline Avery-Dahl
114 Summit Cove 112 Summit Cove 110 Summit Cove
Trophy Club, TX 76262-5419 Trophy Club, TX 76262-5419 Trophy Club, TX 76262-5419
Re: 108 Summit Cove
Robert N. & Patricia A. Ward James F. & Shawn K. Murphy
Nancy L. Shaw
106 Summit Cove 104 Summit Cove
10502 W Tumblewood Dr.
Trophy Club, TX 76262-5419 Trophy Club, TX 76262-5419
Sun City, AZ 85351-1631
Re: 102 Summit Cove
Shawn MurphyS. Adelaide Marano
Guy C. Sharpe
101 Summit Cove 103 Summit Cove
117 Summit Cove
Trophy Club, TX 76262 TrophyClub, TX 76262
Trophy Club, TX 76262-5419
Trophy Club Municipal
Sandra Joy Challinor Gary W. & Sandra K. Olson
Utility District #1
107 Summit Cove 109 Summit Cove
100 Municipal Dr
Trophy Club, TX 76262 Trophy Club, TX 76262
Trophy Club, TX 76262
Donald Ray Farnsworth Gordon & Mary Grayson Larry B. & Kerry D. Richards
105 Summit Cove113 Summit Cove 115 Summit Cove
Trophy Club, TX 76262 Trophy Club, TX 76262 Trophy Club, TX 76262
Beverly D. Miller, Living Trust
Leslie K. YeisleyPamela R. Murphy
c/o Beverly D. Miller TR
111 Summit Cove 119 Summit Cove
121 Summit Cove
Trophy Club, TX 76262 Trophy Club, TX 76262
Trophy Club, TX 76262
RE: 127 Summit Cove
Conrad SharpeLoretta Gilbert
Daniel Paul & Susan Rochelle Trager
117 Summit Cove 125 Summit Cove
Living Trust
Trophy Club, TX 76262 Trophy Club, TX 76262
1825 Foxborough Trl
Flower Mound, TX 75028-8271
Martha S. Marshall Ralph W. Scoggins
Kimberley E. & Christopher A. Perryman
123 Summit Cove
124 Summit Cove 126 Summit Cove
Trophy Club, TX 76262
Trophy Club, TX 76262 Trophy Club, TX 76262
Martha M. MullinsJustin Ferreira
122 Summit Cove 128 Summit Cove
Trophy Club, TX 76262 Trophy Club, TX 76262
Zoning Board of AdjustmentPage 15 of 19Meeting Date: July 30, 2012
Zoning Board of AdjustmentPage 16 of 19Meeting Date: July 30, 2012
Zoning Board of AdjustmentPage 17 of 19Meeting Date: July 30, 2012
Zoning Board of AdjustmentPage 18 of 19Meeting Date: July 30, 2012
Trophy Club Entities
100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2012-317-T Version:1 Name:
Type:Agenda Item Status:Regular Session
File created:7/6/2012 In control:Zoning Board of Adjustment (ZBA)
On agenda:7/30/2012 Final action:
Title:Discuss and take appropriate action regarding a request for a variance to the Town of Trophy Club
fence height regulations. Applicant: Municipal Utility District No. 1 (ZBA-12-08)
Attachments:
DateVer.Action ByActionResult
Title
DiscussandtakeappropriateactionregardingarequestforavariancetotheTownofTrophy
Club fence height regulations. Applicant: Municipal Utility District No. 1 (ZBA-12-08)
Zoning Board of AdjustmentPage 19 of 19Meeting Date: July 30, 2012