Agenda Packet ZBA 06/16/2016
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Zoning Board of Adjustment (ZBA)Page 1 of 29June 16, 2016
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Zoning Board of Adjustment (ZBA)Page 2 of 29June 16, 2016
Trophy Club Entities 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2016-327-T Version:1 Name:
Type:Agenda Item Status:Regular Session
File created:6/8/2016 In control:Zoning Board of Adjustment (ZBA)
On agenda:6/16/2016 Final action:
Title:Consider and take appropriate action regarding the May 19, 2016 Zoning Board of Adjustment
minutes.
Attachments:05192016 ZBA Minutes.DRAFT.pdf
DateVer.Action ByActionResult
Consider and take appropriate action regarding the May 19, 2016 Zoning Board of Adjustment minutes.
Zoning Board of Adjustment (ZBA)Page 3 of 29June 16, 2016
Trophy Club Entities
100 Municipal Drive
Trophy Club, Texas 76262
Meeting Minutes
Zoning Board of Adjustment (ZBA)
______________________________________________________________________
Thursday,May 19,2016 6:00 P.M. PS Large Conference Room
______________________________________________________________________
CALL TO ORDER, ROLL CALL, AND ANNOUNCE A QUORUM
Chairman Opipare called to order the Zoning Board of Adjustment meeting for Thursday, May 19, 2016,
at 6:02 p.m. and announced that a quorum (5 members, 3 alternates) were present. He explained the
order of the meeting to those present.
Present:5 – Chairman Opipare, ViceChairmanHennig,Board Member Biggs, Board Member
Board Member BiggsBoard Member Biggs
Ongaro, Board Member Kesterson
Alternates
Present:3 – Alternate Board Member Arnott,Alternate BoardMember Ormond,Alternate Board
Member OrmondMember Ormond
Alternate BoardAlternate Board
,
Member Windland
Absent:1 – Alternate Board Member Vogt
STAFF AND GUEST(S) PRESENT:
Ron Ruthven Town Planner
Robbie KillingsworthRecording Secretary
Recording SecretaryRecording Secretary
Brad Gray Applicant, 519 Fisher Drive, Trophy Club, TX
519 Fisher Drive, Trophy Club, TX519 Fisher Drive, Trophy Club, TX
Applicant,
Applicant,
Bob Krapes Applicant, 339 Tenison Trail, Trophy Club, TX
Applicant, Applicant, 339 Tenison Trail, Trophy Club, TX339 Tenison Trail, Trophy Club, TX
Chairman Opipareasked if there were any public requeststo speak. No public requests were turned in.
asked if there were any public asked if there were any public
requestsrequests
REGULAR SESSION
2016-262-T Consider and take appropriate action regarding the February 11, 2016 Zoning
Consider and take appropriate action regarding the Consider and take appropriate action regarding the
Board of Adjustment minutes.
Board of Adjustment Board of Adjustment
minutes.
Chairman Opipareasked forthemotion.
thethemotion.motion.
Motion made by Vice Chairman Hennig,seconded by Board Member Ongaro,to approve the
February 11, 2016 Zoning Board of Adjustment minutes.
The motion passed unanimously.
2016-263-T Discussion and take appropriate action regarding a request for a Special Exception
toSection 14.02.351(C)2, Trophy Club Code of Ordinances - regarding the
construction ofa fence within the side yard building setback along the street,
being located at 519Fisher Drive, Trophy Club, TX.
Chairman Opipareasked for Applicant comments.
Brad Gray, 519 Fisher Drive, Trophy Club, TX, applicant.
Chairman Opipareasked forthe staff report.
Zoning Board of Adjustment (ZBA)Page 4 of 29June 16, 2016
Staff Report was given by Ron Ruthven, Town Planner.
Chairman Opipareasked forquestions or comments from the Board.
Chairman Opipareasked fora motion.
Motion made by Vice Chairman Hennig,seconded by Alternate Board MemberWindland, to approve the
Special Exception.
Motion approved (5-0)
Special Exception GRANTED
Action is final.
2016-264-T Discussion and take and take appropriate action regarding a request for a Special
Exception toSection 14.02.351(C)3, Trophy Club Code of Ordinances - regarding
Section 14.02.351(C)3, Trophy Club Code of Ordinances
Section 14.02.351(C)3, Trophy Club Code of Ordinances
the construction ofa proposed parallel fence adjacent to an existing wrought iron
a proposed parallel fence adjacent to an existing wrought iron a proposed parallel fence adjacent to an existing wrought iron
fence located along therear property line, being located at 339 Tenison Trail,
rear property line, being located at 339 Tenison Trail, rear property line, being located at 339 Tenison Trail,
Trophy Club, TX.
Chairman Opipareasked for Applicant comments.
Bob Krapes,339 Tenison Trail, Trophy Club, TX, applicant.
applicant.applicant.
,
,
Chairman Opipareasked forthe staff report.
Staff Report was given by Ron Ruthven, Town Planner.
Staff Report was given by Ron Ruthven, Town Planner.Staff Report was given by Ron Ruthven, Town Planner.
Chairman Opipareasked forquestions or comments from the Board.
questions or comments from the Boardquestions or comments from the Board
Chairman Opipareasked fora motion.
a motion.a motion.
Motion made by Alternate Board Member Arnott,seconded by Board Member Kesterson, to approve the
Motion made by Alternate Board Member ArnottMotion made by Alternate Board Member Arnottseconded by Board Member Kestersonseconded by Board Member Kesterson
,,
Special Exception.
Motion approved (5-0)
Special Exception GRANTED
GRANTEDGRANTED
Action is final.
ADJOURN
Chairman Opipareasked fora motion.
Motion made by Vice Chairman Hennig,seconded by Alternate Board MemberWindland, to adjourn.
Motion passed unanimously.Meetingadjourned at 6:50p.m.
______________________________________________________________________
Lou Opipare, ChairmanRobbie Killingsworth, Recording Secretary
Zoning Board of AdjustmentCommunity Development
Town of Trophy Club, Texas Town of Trophy Club, Texas
May 19, 2016 ZBA Minutes Page 2 of 2
Zoning Board of Adjustment (ZBA)Page 5 of 29June 16, 2016
Trophy Club Entities 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2016-328-T Version:1 Name:
Type:Agenda Item Status:Regular Session
File created:6/8/2016 In control:Zoning Board of Adjustment (ZBA)
On agenda:6/16/2016 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 658 Sheldon 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 658 Sheldon Drive, Trophy Club, TX.
Zoning Board of Adjustment (ZBA)Page 6 of 29June 16, 2016
STAFF REPORT
Zoning Board of Adjustment
June 16, 2016
ZBA-16-27: Special Exception – 658 SheldonDrive
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 658 Sheldon Drive, Trophy Club, TX.
REQUEST:
The applicant,Robert Elledge, isrequesting approval of a Special Exceptionfor a
proposed fence at 658 Sheldon Drive.
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 14,395 square feet. The applicant’s home is
currently under construction on the subject property. The home will contain 5,191 square
feet of living area.
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 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 subject property, 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 19 feet into the required 20 foot side yard setback, which would place
the fence one foot behind the property line and back of sidewalk and 11feet from
Page 1 of 4
Zoning Board of Adjustment (ZBA)Page 7 of 29June 16, 2016
the curb. The right-of-way for Indian Creek Driveextends approximately 10 feet
from the back of the curb line of the road.
The applicant is requesting the special exception in order to provide more usable,
fenced back yard area. On May 19, 2016, the Board approved a special exception
for a corner lot fence at 519 Fisher Drive, which backs up to the subject lot. The
special exception approved a 10 feet encroachment into the 20 foot side yard
setback on Indian Creek, which is nine feet furtherback from the street than the
current request.
The specification for the fence was given.
SPECIAL EXCEPTION PRECENDENT IN CANTERBURY HILLS:
Since January 1, 2015, the Zoning Board of Adjustment has granted special
exceptions to the side yard fence requirements for certain corner lots in the
Canterbury Hills development as follows:
Approval
Address Special Exception Type Setback Req. Approved Encroachment
Date
20 foot
342 Dover Lane Corner Lot Encroachment 4/15/2015 20 feet
setback
20 foot
366 Dover Lane Corner Lot Encroachment 4/15/2015 20 feet
setback
25 foot 25 feet (18 inches behind
300 Tait Court Corner Lot Encroachment 9/10/2015
setback sidewalk)
20 foot
310 Tenison Trail Corner Lot Encroachment 11/12/2015 10 feet
setback
20 foot
357 Becket Place Corner Lot Encroachment 2/11/2016 10 feet
setback
20 foot
519 Fisher Drive Corner Lot Encroachment 5/19/2016 10 feet
setback
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.
Page 2 of 4
Zoning Board of Adjustment (ZBA)Page 8 of 29June 16, 2016
a.Nodiminution 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.”
STAFF REVIEW
:
The applicant is requesting a Special Exception to allow a fence to be built 19 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, 519 Fisher Drive, was granted a
special exception by the Board on May 19, 2016to encroach 10 feet into the 20 foot side
yard setback on Indian CreekDrive, which is nine feet further back from the street than
the current request. Given this condition, and the fact that multiple corner lot fence
special exceptions have been granted by the Board in the Canterbury Hills development
over the past 18 months, staff recommends approval with the conditions stated below.
STAFF RECOMMENDATION
:
Approval, subject to the fence being constructed no closer than 10 feet from the side
property line along Indian Creek Drive in order to match the fence location at 519 Fisher
Drive, approved by the Board on May 19, 2016.
The decision of the Board is final.
Page 3 of 4
Zoning Board of Adjustment (ZBA)Page 9 of 29June 16, 2016
Attachments: Exhibit “A” –Applicationand Materials Submitted by Applicant
Exhibit “B” – Pictures and Exhibits Provided by Staff
Page 4 of 4
Zoning Board of Adjustment (ZBA)Page 10 of 29June 16, 2016
Exhibit A
Zoning Board of Adjustment (ZBA)Page 11 of 29June 16, 2016
Exhibit A
Zoning Board of Adjustment (ZBA)Page 12 of 29June 16, 2016
Exhibit A
Zoning Board of Adjustment (ZBA)Page 13 of 29June 16, 2016
2016
16,
NORTH
June
Aerial of Subject Property
658 Sheldon Drive
Property
Subject
Exhibit B
of 29
14
Page
(ZBA)
Adjustment
of
Board
Zoning
2016
16,
June
Home Location
Location—1 foot
Proposed Fence
behind property
line
Existing Conditions Exhibit
20 foot setback
Exhibit B
of 29
15
Page
10 foot setback
10’ ROW—Back of curb to lot line
Sheldon Drive
Indian Creek
(ZBA)
Adjustment
Drive
of
Board
Zoning
2016
16,
June
Site Plan
Sheldon Drive
Building Line
Exhibit B
20 Foot
of 29
Proposed
Location
16
Fence
Page
Future location of approved
fence at 519 Fisher Drive
Pavement
Edge of
(ZBA)
Adjustment
of
Board
Zoning
2016
16,
June
Property
Subject
Plat Exhibit
Exhibit B
of 29
17
Page
(ZBA)
Adjustment
of
Board
Zoning
NORTH
Trophy Club Entities 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2016-329-T Version:1 Name:
Type:Agenda Item Status:Regular Session
File created:6/8/2016 In control:Zoning Board of Adjustment (ZBA)
On agenda:6/16/2016 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 320 Tenison Trail, 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 320 Tenison Trail, Trophy Club, TX.
Zoning Board of Adjustment (ZBA)Page 18 of 29June 16, 2016
STAFF REPORT
Zoning Board of Adjustment
June 16, 2016
ZBA-16-28: Special Exception – 320 Tenison Trail
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 320 Tenison Trail, Trophy Club, TX.
REQUEST:
The applicant,Brian Vaught,on behalf of property owner, First Texas Homes,is
requesting approval of a Special Exceptionfor a proposed fence at 320 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 is approximately 18,731 square feet. The applicant’s home is
currently under construction on the subject property. The home will contain 5,031square
feet of living area.
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 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 subject property, Canterbury Hills, Phase 2, a 20 foot side yard
building line exists on subject property along Tait Court. The home will front on Tenison
Trail. Per the attached plans and the applicant’s application, the applicant proposes to
encroach 20feet into the required 20 foot side yard setback, which would place the fence
at the back of the sidewalk. The right-of-way for Tait Courtextends approximately 10
feet from the back of the curb line of the road.
Page 1 of 4
Zoning Board of Adjustment (ZBA)Page 19 of 29June 16, 2016
The applicant is requesting the special exception in order to provide more usable, fenced
back yard area. The existing home located behind the subject property at 301 Tait Court
fronts on Tait Court and has a 25 foot front yard setback. As the attached plat exhibit
indicates, three of the four homes with frontage on Tait Court actually face Tait Court
and contain 25 foot front yard setbacks. The subject property is the only home on Tait
Court that fronts TenisonTrail. As such, the existing fences between the homes located
across Tait Court at 300 and 302 Tait Court aresetback behind the frontelevation of the
homes and donot encroach into the 25 foot front setback. However, as indicated on the
table below, the home located at 300 Tait Court was granted a special exception to
encroach into the 25 foot front setback along Tenison Trail in September 2015 and the
home located at 310 Tenison Trail wasgranted a special exception to encroach into the
20 foot front setback on November 12, 2015. Both of these properties were granted
special exceptions that resulted in an encroachment into a side yard that also served as a
front yard to the adjacent home, similar to the current request.
The specification for the fence was given.
SPECIAL EXCEPTION PRECENDENT IN CANTERBURY HILLS:
Since January 1, 2015, the Zoning Board of Adjustment has granted special exceptions to
the side yard fence requirements for certain corner lots in the Canterbury Hills
development as follows:
Approval
Address Special Exception Type Setback Req. Approved Encroachment
Date
20 foot
342 Dover Lane Corner Lot Encroachment 4/15/2015 20 feet
setback
20 foot
366 Dover Lane Corner Lot Encroachment 4/15/2015 20 feet
setback
25 foot 25 feet (18 inches behind
300 Tait Court Corner Lot Encroachment 9/10/2015
setback sidewalk)
20 foot
310 Tenison Trail Corner Lot Encroachment 11/12/2015 10 feet
setback
20 foot
357 Becket Place Corner Lot Encroachment 2/11/2016 10 feet
setback
20 foot
519 Fisher Drive Corner Lot Encroachment 5/19/2016 10 feet
setback
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.
Page 2 of 4
Zoning Board of Adjustment (ZBA)Page 20 of 29June 16, 2016
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.”
STAFF REVIEW
:
The applicant is requesting a Special Exception to allow a fence to be built 20 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. Existing homes in close
proximity located at 300 Tait Court and 310 Tenison Trail were granted special
exceptions to encroach into the 25 and 20 foot front setbacks respectively along
Tenison Trail and Ridgeview Lane. Given these conditions, staff recommends
approval with the conditions stated below.
STAFF RECOMMENDATION
:
Approval, subject to the fence being constructed no closer than 18 inches from the back
of the sidewalk along Tait Court.
Page 3 of 4
Zoning Board of Adjustment (ZBA)Page 21 of 29June 16, 2016
The decision of the Board is final.
Attachments: Exhibit “A” –Applicationand Materials Submitted by Applicant
Exhibit “B” – Pictures and Exhibits Provided by Staff
Page 4 of 4
Zoning Board of Adjustment (ZBA)Page 22 of 29June 16, 2016
Exhibit A
Zoning Board of Adjustment (ZBA)Page 23 of 29June 16, 2016
Exhibit A
Zoning Board of Adjustment (ZBA)Page 24 of 29June 16, 2016
Exhibit A
Zoning Board of Adjustment (ZBA)Page 25 of 29June 16, 2016
2016
16,
June
NORTH
Aerial of Subject Property
Exhibit B
of 29
26
Page
320 Tenison Trail
Property
Subject
(ZBA)
Adjustment
of
Board
Zoning
2016
16,
June
Home Under
Construction
Existing Conditions Exhibit
Exhibit B
of 29
27
Page
Proposed Fence
Location
20 Foot Setback
Area
(ZBA)
Adjustment
Tait Court
of
Board
Zoning
2016
16,
June
Site Plan
Exhibit B
of 29
28
Page
Building Line
Existing Sidewalk
20 Foot
Location of
(ZBA)
Adjustment
Proposed
Location
Fence
of
Board
Zoning
2016
16,
NORTH
June
Plat Exhibit
Exhibit B
of 29
29
Page
(ZBA)
Property
Adjustment
Subject
of
Board
Zoning