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Zoning Board of Adjustment (ZBA)Page 1 of 36May 19, 2016
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Zoning Board of Adjustment (ZBA)Page 2 of 36May 19, 2016
Trophy Club Entities 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2016-262-T Version:1 Name:
Type:Agenda Item Status:Regular Session
File created:5/10/2016 In control:Zoning Board of Adjustment (ZBA)
On agenda:5/19/2016 Final action:
Title:Consider and take appropriate action regarding the February 11, 2016 Zoning Board of Adjustment
minutes.
Attachments:02112016 ZBA Minutes.DRAFT.pdf
DateVer.Action ByActionResult
Consider and take appropriate action regarding the February 11, 2016 Zoning Board of Adjustment minutes.
Zoning Board of Adjustment (ZBA)Page 3 of 36May 19, 2016
Trophy Club Entities
100 Municipal Drive
Trophy Club, Texas 76262
Meeting Minutes
Zoning Board of Adjustment (ZBA)
______________________________________________________________________
Thursday, February 11, 2016 6:00 P.M. Svore Municipal Building
______________________________________________________________________
CALL TO ORDER, ROLL CALL, AND ANNOUNCE A QUORUM
Chairman Opipare called to order the Zoning Board of Adjustment meeting for Thursday, February 11,
2016, at 6:00 p.m. and announced that a quorum (7 members) were present. He explained the order of
the meeting to those present.
Present: 7 - Chairman Opipare, Vice Chairman Hennig, Board Member Biggs, Board Member
Board Member Biggs, Board Member Board Member Biggs, Board Member
Ongaro, Board Member Kesterson, and Alternate Board Member Arnott, Alternate Board
Ongaro, Board Member Kesterson, and Alternate Board Member Arnott, Alternate Board Ongaro, Board Member Kesterson, and Alternate Board Member Arnott, Alternate Board
Member Vogt
Absent: 1 Alternate Board Member Windland
STAFF AND GUEST(S) PRESENT:
Ron Ruthven Town Planner
Ron Ruthven Town Planner
Robbie Killingsworth Recording Secretary
Robbie Killingsworth Recording Secretary Robbie Killingsworth Recording Secretary
Toni Hill Applicant, 357 Becket Place, Trophy Club, TX
Toni Hill Applicant, 357 Becket Place, Trophy Club, TX Toni Hill Applicant, 357 Becket Place, Trophy Club, TX
REGULAR SESSION
2016-74-T Consider and take appropriate action regarding the March 17, 2015 Zoning Board
-T Consider and take appropriate action regarding the March 17, 2015 Zoning Board -T Consider and take appropriate action regarding the March 17, 2015 Zoning Board
of Adjustment minutes.
of Adjustment minutes. of Adjustment minutes.
2016-75-T Consider and take appropriate action regarding the April 15, 2015 Zoning Board of
Adjustment minutes.
2016-76-T Consider and take appropriate action regarding the September 10, 2015 Zoning
Board of Adjustment minutes.
2016-77-T Consider and take appropriate action regarding the September 28, 2015 Zoning
Board of Adjustment minutes.
Zoning Board of Adjustment (ZBA)Page 4 of 36May 19, 2016
2016-78-T Consider and take appropriate action regarding the November 11, 2015 Zoning
Board of Adjustment minutes.
Motion made by Board Member Ongaro, seconded by Vice Chairman Hennig, to approve the following
Zoning Board of Adjustment minutes as amended:
March 17, 2015 Zoning Board of Adjustment minutes.
April 15, 2015 Zoning Board of Adjustment minutes.
September 10, 2015 Zoning Board of Adjustment minutes.
September 28, 2015 Zoning Board of Adjustment minutes.
November 11, 2015 Zoning Board of Adjustment minutes.
The motion passed unanimously.
2016-79-T Discussion and take appropriate action regarding a request for a Special Exception
-T Discussion and take appropriate action regarding a request for a Special Exception -T 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
to, Chapter 13-Comprehensive Zoning Ordinance, Article 7, Section 7.01(C)2 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
regarding the construction of a fence within the side yard building setback along regarding the construction of a fence within the side yard building setback along
the street, being located at 357 Becket Place, Trophy Club, TX.
the street, being located at 357 Becket Place, Trophy Club, TX. the street, being located at 357 Becket Place, Trophy Club, TX.
Comments from applicant, Toni Hill, 357 Becket Place, Trophy Club, TX
Comments from applicant, Toni Hill, 357 Becket Place, Trophy Club, TX Comments from applicant, Toni Hill, 357 Becket Place, Trophy Club, TX
Motion made by Board Member Biggs, seconded by Board Member Kesterson, to approve Special
Motion made by Board Member Biggs, seconded by Board Member Kesterson, to approve Special Motion made by Board Member Biggs, seconded by Board Member Kesterson, to approve Special
Exception subject to the following conditions:
The fence shall be constructed as shown on the site plan shown in Exhibit A, with metal poples, and no
The fence shall be constructed as shown on the site plan shown in Exhibit A, with metal poples, and no The fence shall be constructed as shown on the site plan shown in Exhibit A, with
metal poples, and no
higher than six feet. The motion passed unanimously.
higher than six feet. The motion passed unanimously. higher than six feet. The motion passed unanimously.
Special Exception GRANTED
Action is final.
ADJOURN
Motion made by Board Member Kesterson, seconded by Board Member Ongaro, to adjourn. Motion
Motion made by Board Member Kesterson, seconded by Board Member Ongaro, to adjourn. Motion Motion made by Board Member Kesterson, seconded by Board Member Ongaro, to adjourn. Motion
passed unanimously. Meeting adjourned at 6:45 p.m.
passed unanimously. Meeting adjourned at 6:passed unanimously. Meeting adjourned at 6:
___________________________________ ___________________________________
Lou Opipare, Chairman Robbie Killingsworth, Recording Secretary
Zoning Board of Adjustment Community Development
Town of Trophy Club, Texas Town of Trophy Club, Texas
February 11, 2016 ZBA Minutes Page 2 of 2
Zoning Board of Adjustment (ZBA)Page 5 of 36May 19, 2016
Trophy Club Entities 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2016-263-T Version:1 Name:
Type:Agenda Item Status:Regular Session
File created:5/10/2016 In control:Zoning Board of Adjustment (ZBA)
On agenda:5/19/2016 Final action:
Title:Discussion and take appropriate action regarding a request for a Special Exception to Section
14.02.351(C)2, Trophy Club Code of Ordinances - regarding the construction of a fence within the
side yard building setback along the street, being located at 519 Fisher Drive, Trophy Club, TX.
Attachments:Staff Report.pdf
Exhibit A.pdf
Exhibit B.pdf
DateVer.Action ByActionResult
DiscussionandtakeappropriateactionregardingarequestforaSpecialExceptiontoSection14.02.351(C)2,Trophy
ClubCodeofOrdinances-regardingtheconstructionofafencewithinthesideyardbuildingsetbackalongthestreet,
being located at 519 Fisher Drive, Trophy Club, TX.
Zoning Board of Adjustment (ZBA)Page 6 of 36May 19, 2016
STAFF REPORT
Zoning Board of Adjustment
May 19, 2016
ZBA-16-25: Special Exception – 519 Fisher Drive
SUBJECT
:
Discussion and take appropriate action regarding a request for a Special Exception
to Section 14.02.351(C)2, Trophy Club Code of Ordinances –regarding the
construction of a fence within the side yard building setback along the street, being
located at 519 Fisher Drive, Trophy Club, TX.
REQUEST:
The applicant,Brad Gray, isrequesting approval of a Special Exceptionfor a proposed
parallel fence at 519 Fisher Drive.
ZONING:
The subject property is zoned PD Planned Development Residential and is located in the
PD 31 district.
CURRENT CONDITIONS:
The subject property isapproximately 23,331square feetin sizeand contains a 6,066
square foot single family home, currently under construction and nearing completion.
SPECIAL EXCEPTION REQUEST DETAILS:
PD 31 states that new fence construction must comply with fence requirements found in
the Code of Ordinances. Section 14.02.351(C)2 of the Code 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 subjectproperty, Canterbury Hills,Phase 3, a 20 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 10 feet into the
required 20 foot side yard setback, which would place the fence 10 feet behind the
property line and 20 feet from the curb. The right-of-way for Indian Creek Driveextends
approximately 10 feet from the back of the curb line of the road.
Page 1 of 3
Zoning Board of Adjustment (ZBA)Page 7 of 36May 19, 2016
The applicant is requesting the special exception in order to provide additional backyard
space for two small children as well as provision of additional space for future potential
projects.
The fence would be six-foot high wood fence with steel posts.
The Zoning Board of Adjustmenthasgranted similar special exceptions for corner lot
fence encroachments including five within the past 12 months. Given the large number
of special exception requests related to corner lot fence placement, staff is in the process
of preparing potential amendments to the Code of Ordinances addressing the issue for
future review by the Planning and Zoning Commission and Town Council.
SPECIAL EXCEPTION AUTHORITY:
The zoning regulations requireany waiver to a fence requirement to be considered by the
Zoning Boardof 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.
Page 2 of 3
Zoning Board of Adjustment (ZBA)Page 8 of 36May 19, 2016
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 fence to be built 10 feet into
the required 20 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. The lot behind the subject property remains undeveloped and fronts
opposite the subject property onto Sheldon 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 Adjustment (ZBA)Page 9 of 36May 19, 2016
Exhibit A
Zoning Board of Adjustment (ZBA)Page 10 of 36May 19, 2016
Exhibit A
Zoning Board of Adjustment (ZBA)Page 11 of 36May 19, 2016
Exhibit A
Zoning Board of Adjustment (ZBA)Page 12 of 36May 19, 2016
NORTH
2016
19,
May
Aerial of Subject Property
519 Fisher Drive
Property
Subject
of 36
13
Page
(ZBA)
Adjustment
of
Board
Zoning
2016
19,
Home Location
May
ROW (20’ from back of curb)
Existing Conditions Exhibit
Area Proposed to
be Fenced
Fisher Drive
of 36
14
10’ proposed fence setback from Page
10’ ROW—Back of curb to lot line
Indian Creek
(ZBA)
Adjustment
Drive
of
Board
Zoning
2016
19,
May
Proposed
Location
Fence
Site Plan
of 36
15
Page
Building Line
20 Foot
Pavement
Lot Line
Edge of
(ZBA)
Adjustment
of
Board
Zoning
2016
19,
May
Plat Exhibit
of 36
16
Page
Property
Subject
(ZBA)
Adjustment
of
Board
Zoning
NORTH
Trophy Club Entities 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2016-264-T Version:1 Name:
Type:Agenda Item Status:Regular Session
File created:5/10/2016 In control:Zoning Board of Adjustment (ZBA)
On agenda:5/19/2016 Final action:
Title:Discussion and take appropriate action regarding a request for a Special Exception to Section
14.02.351(C)3, Trophy Club Code of Ordinances - regarding the construction of a proposed parallel
fence adjacent to an existing wrought iron fence located along the rear property line, being located at
339 Tenison Trail, Trophy Club, TX.
Attachments:Staff Report.pdf
Exhibit A.pdf
Exhibit B.pdf
DateVer.Action ByActionResult
DiscussionandtakeappropriateactionregardingarequestforaSpecialExceptiontoSection14.02.351(C)3,Trophy
ClubCodeofOrdinances-regardingtheconstructionofaproposedparallelfenceadjacenttoanexistingwroughtiron
fence located along the rear property line, being located at 339 Tenison Trail, Trophy Club, TX.
Zoning Board of Adjustment (ZBA)Page 17 of 36May 19, 2016
STAFF REPORT
Zoning Board of Adjustment
May 19, 2016
ZBA-16-25: Special Exception – 339 Tenison Trail
SUBJECT
:
Discussion and take appropriate action regarding a request for a Special Exception
to Section 14.02.351(C)3, Trophy Club Code of Ordinances –regarding the
construction of a proposed parallel fence adjacent to an existing wrought iron fence
located along the rear property line, being located at 339 Tenison Trail, Trophy
Club, TX.
REQUEST:
The applicant,Robert Krapes,isrequesting approval of a Special Exceptionfor a
proposed parallel fence at 339 Tenison Trail.
ZONING:
The subject property is zoned PD Planned Development Residential and is located in the
PD 31 district.
CURRENT CONDITIONS:
The subject property isapproximately 12,153square feetin sizeand contains a 4,165
square foot single family home constructed in 2014.
SPECIAL EXCEPTION REQUEST DETAILS:
PD 31 states that new fence construction must comply with fence requirements found in
the Code of Ordinances. Section 14.02.351(C)3 of the Code states:
3. Parallel Fences: Fences shall not be constructed parallel to and within
twenty feet (20’) from an existing fence, except where the following
conditions exist. A fence:
a. Surrounding a transformer;
b. Providing a barrier for pools and spas as required by
applicable law;
c. That shares a common post with an existing fence;
Page 1 of 3
Zoning Board of Adjustment (ZBA)Page 18 of 36May 19, 2016
The applicant is requesting to construct a six foot tall wood privacy fence along
56 feet of the rear property line in orderto screen the view of a pond located
immediately behind the subject propertyfrom the home. The pond, including all
land behind the subject property, is owned by the U.S. Army Corps of Engineers
(USACE) and is part of the Lake Grapevine recreation area. According to historic
aerials of the area, the pond has been in existence since at least 1956, prior to the
formation of Lake Grapevine, and was presumably created originally for
agricultural purposes. Given the location of the pond on federally protected and
owned conservation land, it is not maintained and, therefore, is subject to water
volume fluctuations and other variable conditions inherent to its natural state.
There is an existing four foot high wrought iron fence located along the rear
property line of the subject property. The wrought iron fence was constructed by
the developerof the Canterbury Hills subdivision. As such, all lots in the
Canterbury Hills subdivision that backup to the USACE property have the four
foot wrought iron fence along the rear property line. The proposed privacy fence
would be built immediately adjacent to the existing wrought iron fence. As the
above section states, parallel fences are prohibited in Trophy Club. The applicant
does not intend to remove the wrought iron fence.
As part of the applicant’s application, an email from the USACE is included
allowing constructing of the fence.
SPECIAL EXCEPTION AUTHORITY:
The zoning regulations require 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
Page 2 of 3
Zoning Board of Adjustment (ZBA)Page 19 of 36May 19, 2016
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 burdenof 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 privacy fence to
be constructed immediately adjacent to an existing four foot wrought iron fence,
originally constructed by the developer of the subdivision. The purpose of the new fence
would be to screen the view of an existing pond located on USACE property from the
home.
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 Adjustment (ZBA)Page 20 of 36May 19, 2016
Exhibit A
Zoning Board of Adjustment (ZBA)Page 21 of 36May 19, 2016
Exhibit A
Zoning Board of Adjustment (ZBA)Page 22 of 36May 19, 2016
Exhibit A
Zoning Board of Adjustment (ZBA)Page 23 of 36May 19, 2016
Exhibit A
Zoning Board of Adjustment (ZBA)Page 24 of 36May 19, 2016
Exhibit A
Zoning Board of Adjustment (ZBA)Page 25 of 36May 19, 2016
Exhibit A
Zoning Board of Adjustment (ZBA)Page 26 of 36May 19, 2016
Exhibit A
Zoning Board of Adjustment (ZBA)Page 27 of 36May 19, 2016
Exhibit A
Zoning Board of Adjustment (ZBA)Page 28 of 36May 19, 2016
Exhibit A
Zoning Board of Adjustment (ZBA)Page 29 of 36May 19, 2016
Exhibit A
Zoning Board of Adjustment (ZBA)Page 30 of 36May 19, 2016
Exhibit A
Zoning Board of Adjustment (ZBA)Page 31 of 36May 19, 2016
Exhibit A
Zoning Board of Adjustment (ZBA)Page 32 of 36May 19, 2016
2016
19,
May
NORTH
Aerial of Subject Property
Exhibit B
339 Tenison Trail
of 36
33
Property
Subject
Page
r
a
USACE Property
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(ZBA)
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2016
19,
May
View of Pond from Back Patio
USACE Property
Exhibit B
of 36
34
Page
Privacy Fence
(ZBA)
Proposed
Adjustment
Location
of
Board
Zoning
2016
19,
May
Privacy Fence
Proposed
Location
Rear Property Line View
USACE Property
Exhibit B
of 36
35
Page
foot Wrought
Existing four
Iron Fence
(ZBA)
Adjustment
of
Board
Zoning
2016
NORTH
19,
May
Plat Exhibit
Exhibit B
of 36
36
Page
Property
Subject
(ZBA)
Adjustment
of
Board
Zoning