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Zoning Board of AdjustmentPage 1 of 21Meeting Date: November 22, 2011
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Zoning Board of AdjustmentPage 2 of 21Meeting Date: November 22, 2011
Trophy Club Entities
100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2011-600-T Version:1 Name:
Type:Agenda Item Status:Regular Session
File created:11/18/2011 In control:Zoning Board of Adjustment (ZBA)
On agenda:11/22/2011 Final action:
Title:Review and approve minutes of the November 17, 2009, Zoning Board of Adjustment meeting.
Attachments:111709 ZBA Minutes.pdf
DateVer.Action ByActionResult
Title
Review and approve minutes of the November 17, 2009, Zoning Board of Adjustment meeting.
Zoning Board of AdjustmentPage 3 of 21Meeting Date: November 22, 2011
MINUTES
TOWN OF TROPHY CLUB
ZONING BOARD OF ADJUSTMENT
NOVEMBER 17, 2009
The Zoning Board of Adjustment of the Town of Trophy Club, Texas met on Tuesday,
November 17, 2009, at4:00p.m. in the Board Room, 100 Municipal Drive, Trophy Club,
Texas, 76262.
REGULAR BOARD MEMBERS PRESENT:
Bob Downey, Chairman
Margie Cantrell, Acting Chair
Jim Aenchbacher
Bob Radder
Kevin Barry –Arrived after minutes were approved and prior to start of Public Hearing
ABSENT:
Elisabeth Kaylor
Doyle Nicholson
J.J. Isherwood
Joyce Frey
STAFF PRESENT:
Carolyn Huggins, Planning & Zoning Manager
Chris King, Building Inspector
APPLICANTS PRESENT:
Daniel Harer,Homeowner
Tamatha Cumby, Claffey Pools
Greg Lamont, The Lakes HOA President
CALL TO ORDER, ROLL CALL AND ANNOUNCE A QUORUM.
Chairman Downey called the meeting to order at 4:03p.m. and announced that a
quorum (four members) werepresent.
1 REVIEW AND APPROVE MINUTES OF THE ZONING BOARD OF ADJUSTMENT
SEPTEMBER 2, 2009, MEETING.
Motion:Mr. Radder moved for acceptance of the September 2, 2009 minutes.
Second:Mr. Aenchbacher
Ayes: Downey, Aenchbacher,Radder
Nays: None
Abstain:Cantrell
Action:, 3-0-1
Approved
Zoning Board of AdjustmentPage 4 of 21Meeting Date: November 22, 2011
Mr. Barry arrived.
2 ZBA-09-06 Public Hearing regarding a request for a variance to allow a covered
patio with barbeque to encroach into the 10-ft. rear yard setback located at 309
Meadow Lake Drive, Lot 5, Block 6, Lakes of Trophy Club, Phase 1. Applicant:
Daniel Harer, Homeowner.
3 ZBA-09-06 Discussion and Take Appropriate Action regarding a request for a
variance to allow a covered patio with barbeque to encroach into the 10-ft. rear
yard setback located at 309 Meadow Lake Drive, Lot 5, Block 6, Lakes of Trophy
Club, Phase 1. Applicant: Daniel Harer, Homeowner.
Chairman Downey opened the public hearing and Ms. Huggins gave a staff report.
Ms. Cantrell asked if the hip-roof design of the patio addition will be a composite roof. Ms.
Cumby, Claffey Pools, stated that it is a pitched roof, called hip-to-roof, which means that it is at
a slant that ties into the roof line.
Mr. Radder gave an explanation of a hip roof.
Ms. Cumby stated that the addition will have the same shingles as the original roof.
Ms. Cantrell asked who is responsible for providing information such as setbacks to a home
buyer. Ms. Huggins stated that setback information is not a commonality of documentation at
closing of a home. Mr. Aenchbacher stated that a good realtor would come up with this
information. Mr. Radder added that Trophy Club was built bit by bit and a lot of the setbacks
vary throughout the Town. To give everyone the regulations in this Town could be a nightmare.
Ms. Cantrell asked if the HOA turns down requests or are pretty lenient. Mr. Lamont, HOA
President, stated that they look at the aesthetics. They don’t want a house painted orange, for
instance. Mr. Lamont stated that as a courtesy he checked with the homeowner who lives behind
the Harer’s and that homeowner didn’t have an issue with this request. He stated that the
previous Zoning Administrator didn’t require HOA approval prior to the ZBA hearing. They
would look at the request after a variance was approved by the Town. Now, when they approve
something they don’t know specifically what the variance is so they look at the aesthetics and
whether or not it encroaches upon another neighbor.
Ms. Cantrell stated that she was a bit mystified by the email in opposition. She didn’t see
anyplace where the addition to thishouse would come into play to obstruct views of the pond.
Ms. Huggins stated that staff only found one home whose view of the pond might be obstructed
by this addition. Mr. Radder stated that the existing trees already obstructthat homeowner’s
view.
Ms. Cantrell asked if at any time ZBA has denied anybody on something like this and set a
precedent that she is not aware of. Ms. Huggins stated that she is not aware of any such case.
Mr. Barry noted that the homeowner in opposition is located at the far end of the 200-ft.
notification requirement. If redrawn, he might even fall outside the 200-ft. notification area.
Mr. Barry asked how far back a detached structure can go. Chris King, Building Inspector,
stated that a detached structure could be 6-ft. from the property line, but in this case there is a 7-
Zoning Board of AdjustmentPage 5 of 21Meeting Date: November 22, 2011
1/2 feet easement and the detached structure can’t encroach into the easement. So, the applicant
could place the structure to the 7-1/2 foot mark without a variance if it is detached from the
house.
Mr. Radder asked what utilities are in the easement right now? Mr. Harer stated that there is a
main electrical line, a telephone line, and a cable line.
Ms. Cantrell asked if the maximum lot coverage will be exceeded with this request. Ms. Huggins
explained that the plan review has not been done yet but she did not believe it would exceed the
lot coverage. If it does, it will not be approved. Chris King, Building Inspector, also stated that
the calculations have not yet been done. He stated that if it exceeds the lot coverage it would
have to be reduced to fit; it cannot exceed the lot coverage.
There were no further comments or questions and Chairman Downey called for a motion.
Ms. Cantrell moved for approval of a variance to allow the covered patio with barbeque to
encroach 2-ft. 6-inches into the rear yard setback of the property located at 309 Meadow Lake
Drive with the stipulation that a survey is required for the patio.
Mr. Radder seconded the motion.
Ayes: Downey,Aenchbacher, Barry, Radder, Cantrell
Action: Variance Approved Unanimously, 5-0
4 FUTURE AGENDA ITEMS. THE BOARD MEMBERS CAN REQUEST ITEMS FOR FUTURE
DISCUSSION.
No items were requested for future agendas.
Adjourn.
Chairman Downey adjourned the meeting at 4:35 p.m.
Zoning Board of AdjustmentPage 6 of 21Meeting Date: November 22, 2011
Trophy Club Entities
100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2011-603-T Version:1 Name:
Type:Agenda Item Status:Regular Session
File created:11/18/2011 In control:Zoning Board of Adjustment (ZBA)
On agenda:11/22/2011 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.
The Board has a Chairman, but is in need of an Acting Chairman and a Secretary.
The duties of the Acting Chairman are to act as Chair in the absence of the Chairman. 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.
Attachments:
DateVer.Action ByActionResult
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.
The Board has a Chairman, but is in need of an Acting Chairman and a Secretary.
The duties of the Acting Chairman are to act as Chair in the absence of the Chairman. 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.
Zoning Board of AdjustmentPage 7 of 21Meeting Date: November 22, 2011
Trophy Club Entities
100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2011-601-T Version:1 Name:
Type:Agenda Item Status:Regular Session
File created:11/18/2011 In control:Zoning Board of Adjustment (ZBA)
On agenda:11/22/2011 Final action:
Title:ZBA-11-07 Public Hearing regarding a request for a variance to the fence requirements of Planned
Development No. 27 (PD-27) for three lots facing open space, the lots are located at 2546, 2548, and
2550 Balmain Court in Neighborhood 1, Phase 2A, The Highlands at Trophy Club. Applicant: Pulte
Homes
Attachments:Staff Report.pdf
Fencing Map.pdf
Public Hearing Notice.pdf
Property Owner Notification.pdf
Lennar Letter of Support.pdf
HOA Approval Letter.pdf
Application.pdf
Photos of Area - 2.pdf
DateVer.Action ByActionResult
Title
ZBA-11-07 Public Hearing regarding a request for a variance to the fence requirements of Planned
Development No. 27 (PD-27) for three lots facing open space, the lots are located at 2546, 2548, and
2550 Balmain Court in Neighborhood 1, Phase 2A, The Highlands at Trophy Club. Applicant: Pulte
Homes
Zoning Board of AdjustmentPage 8 of 21Meeting Date: November 22, 2011
S
ZONING BOARD OF
ADJUSTMENT MEMORANDUM
Tuesday, November 22,2011
SUBJECT: Zoning Board of Adjustment to conduct a Public Hearing,
Discussion and Appropriate Action regarding a request for
a variance to the fence requirements of Planned
Development No. 27 (PD-27) for lots facing open space; this
request is for three lots located at 2546, 2548, and 2550
Balmain Ct. in Neighborhood 1, Phase 2A, The Highlands at
Trophy Club.Applicant: Pulte Homes.(ZBA-11-07)
REQUEST
:Pulte Homes is requesting a fence variance for the properties located at
2546, 2548, and 2550 Balmain Ct. These propertiesare part of Neighborhood 1, Phase
2A, in The Highlands at Trophy Club subdivision of the Town of Trophy Club. This
subdivision is zoned as a Planned Development, named “PD-27”.
The application and explanation received from Pulte Homes is attached.
EXPLANATION
:PD-27 regulations require the following fencing:
C. Screening and Fences:
All development within The Highlands at Trophy Club
Planned Development District shall comply with Section 45 of the Town of
Trophy Club Zoning Ordinance in effect at the time of Town Council approval of
this ordinance, with the following modifications:
1.Fencing on corner lots facing side streets shall be enhanced wooden
fences (board-on-board or other design, with a top cap). All enhanced
fencing within any neighborhood shall be consistent, and shall be
approved with the Detailed Site Plan.
Fencing facing open space, parks, floodplain, or flowage easement
2.
shall be wrought iron (or tubular steel) as required by Town
Ordinance, with the exceptions of the following that may be solid
wood fencing:
a)Facing gas well sites.
b)Facing active use park areas (ball fields, swim center,
neighborhood center, etc.)
c) Facing other areas specifically approved at the time of Detailed Site
Plan.
Zoning Board of AdjustmentPage 9 of 21Meeting Date: November 22, 2011
The rear property lineof the three lots are adjacent to an open space, but are in close
proximityto a gas well site; therefore, the builder is asking permission for a variance to
allowsolid wood fencing along the rear property lines of the lots.
There is approximately 23-ft. of open space between the rear property line of 2546
Balmain Ct. and the property line of the gas well site.
There is approximately 71-ft. of open space between the rear property line of 2548
Balmain Ct. and the property line of the gas well site.
There is approximately 90-ft. of open space between the rear property line of 2550
Balmain Ct. and the property line of the gas well site.
In addition, the builder is asking for a variance to allow a solid wood fence along the
side (north) property line of the lot located at 2550 Balmain Ct.The side lot faces open
space.Wrought iron fencing facing open space is not only required in PD-27, but is
required throughout the Town of Trophy Club. Wrought iron fencing is also required
throughout the Town for any “golf course” lot. The Highlands planned development was
written to keep the fencing regulations consistent throughout the Town.
A map is attached showing the three lots (bubbled) in question and the wrought iron and
wood fencing permitted by ordinance are shown in red and green.
HOMEOWNERS ASSOCIATION
: The properties are located in an area that has an
HOA. The applicant was requested to seek HOA approval prior to applying for a
variance request from ZBA. HOA approval was obtained and a copy of the letter of
approval from the HOA is attached.
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 the three lots were notified of this request for variance.
th
There are four property owners within 200-ft.– three are builders and the 4is the
owner of the gas well site. An email from one of the builders (Steve Howard, Lennar
Homes) was received in support of this request and a copy of that email is attached.
STAFF SUMMARY
:The three lots located on the north end of the cul-de-sac of
Balmain Ct. are adjacent to open space but are in close proximity to a gas well site.
Since there is open space between the rear property lines of the lots and the gas well
site, ZBA is asked to interpret whether or not the lots “face” a gas well site and therefore
are allowed to construct solid wood fencing. The topography of the area requireda
Zoning Board of AdjustmentPage 10 of 21Meeting Date: November 22, 2011
street design that created a curve of the cul-de-sac to the northeast, bringing the lots
into closer proximity to the gas well sitethan might have been desired.
In addition, the applicant is requesting solid wood fencing along the north (side) lot line
rather than wrought iron as required by the PD ordinance. The side yard faces open
space only – not the gas well site – and is consistent with the requirements of the Town
of Trophy Club fencing ordinances in The Highlands and throughout the remainder of
the Town.
Staff will fully support the decisionsmade by ZBA.
ZONING BOARD OF ADJUSTMENTAUTHORITY
:
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: Fencing Map
Public Hearing Notice
Property Owner Notification
Lennar Letter of Support
HOA Approval Letter
Application – 3 pages
Photos of area (2)
Zoning Board of AdjustmentPage 11 of 21Meeting Date: November 22, 2011
2011
22,
November
Date:
Meeting
of 21
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:November 4, 2011
Classifieds Dept.
FROM:PAGES:
Carolyn Huggins 1
RUN DATE:SUBJECT:
1 Time/Wednesday, Zoning Board of Adjustment
November 9, 2011
NOTICE OF PUBLIC HEARING
TROPHY CLUB ZONING BOARD OF ADJUSTMENT
Tuesday, November 22, 2011, 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, November 22, 2011, to consider a request for a variance for 3 residential lots
located at 2546, 2548 and 2550 Balmain Court in The Highlands at Trophy Club
Addition, Neighborhood 1, Phase 2A, to allow solid wood fencing facing an open space
instead of wrought iron as required by Town Ordinance and Planned Development No.
27 development and design standards. Applicant: Pulte Homes
Zoning Board of AdjustmentPage 13 of 21Meeting Date: November 22, 2011
ZONING BOARD OF ADJUSTMENT
NOTICE of PUBLIC HEARING
PUBLIC HEARING DATE: Tuesday, November 22,2011
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:
Pulte Homes
LOCATION OF PROPERTY:
Three (3) lots located at 2546, 2548, and 2550 Balmain
Court in The Highlands at Trophy Club, Neighborhood 1, Phase 2A. Currently houses are
being built at2546 and 2548 Balmain. The lot at 2550 Balmain is vacant.
PURPOSE OF PUBLIC HEARING
:To consider a variance to the fencing regulations as
required by Planned Development No. 27, Ordinance No. 2007-15 P&Z. The ordinance
requires wrought iron fencing for any property facing open space. The builder has three
lots that face open space, but that are also in close proximity to a gas well site. Due to the
close proximity of the gas well site, the builder is requesting a variance to allow solid wood
fencing along the rear property lines of 2546 and 2548 Balmain Court, and along the rear
and side property lines of 2550 Balmain Court.
TO SURROUNDING LAND OWNERS:
Property owners within 200-ft.(two hundred feet)
of the three lots listed above 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 priorto the date of the hearingby email tochuggins@ci.trophyclub.tx.us, 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@ci.trophyclub.tx.us
Zoning Board of AdjustmentPage 14 of 21Meeting Date: November 22, 2011
Zoning Board of AdjustmentPage 15 of 21Meeting Date: November 22, 2011
The Highlands at Trophy Club HOA
Essex Community Management
1812 Cindy Lane, Suite 100
Bedford, Texas 76021
817-430-8993
November 7, 2011
Wesley Homeyer
Pulte Group
Via Email
RE: Lots 1-3 Block G
Dear Mr. Homeyer,
The HOA has reviewed your request for a variance for Lots 1-3 Block G to install wood
fencing instead of the required iron fencing. The HOA has APPROVED your request for
a variance provided that the Town of Trophy Club grants a variance as well.
Should you have any questions, please feel free to call.
Sincerely,
Malcolm Louden
Essex Community Management
Malcolm@Essexcm.com
Zoning Board of AdjustmentPage 16 of 21Meeting Date: November 22, 2011
Zoning Board of AdjustmentPage 17 of 21Meeting Date: November 22, 2011
Zoning Board of AdjustmentPage 18 of 21Meeting Date: November 22, 2011
Zoning Board of AdjustmentPage 19 of 21Meeting Date: November 22, 2011
Zoning Board of AdjustmentPage 20 of 21Meeting Date: November 22, 2011
Trophy Club Entities
100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2011-602-T Version:1 Name:
Type:Agenda Item Status:Regular Session
File created:In control:Zoning Board of Adjustment (ZBA)
On agenda:Final action:
Title:ZBA-11-07 Discussion and Take Appropriate Action regarding a request for a variance to the fence
requirements of Planned Development No. 27 (PD-27) for three lots facing open space, the lots are
located at 2546, 2548, and 2550 Balmain Court in Neighborhood 1, Phase 2A, The Highlands at
Trophy Club. Applicant: Pulte Homes
Attachments:
DateVer.Action ByActionResult
Title
ZBA-11-07 Discussion and Take Appropriate Action regarding a request for a variance to the fence
requirements of Planned Development No. 27 (PD-27) for three lots facing open space, the lots are
located at 2546, 2548, and 2550 Balmain Court in Neighborhood 1, Phase 2A, The Highlands at Trophy
Club. Applicant: Pulte Homes
Zoning Board of AdjustmentPage 21 of 21Meeting Date: November 22, 2011