Agenda Packet ZBA 08/10/2017
Thursday, August 10, 2017
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Town of Trophy Club 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2017-355-T Version:1 Name:
Type:Agenda Item Status:Regular Session
File created:8/4/2017 In control:Zoning Board of Adjustment (ZBA)
On agenda:8/10/2017 Final action:
Title:Case ZBA-17-003 (10 Heritage Court)
Discuss and take appropriate action regarding a request for a Special Exception to Section 14.02.351
(C)(1) and Section 14.02.351(C)(2) of the Trophy Club Code of Ordinances regarding a fence
proposed for noncompliance with the front elevation and side setback regulations located at 10
Heritage Court.
Attachments:ZBA Report 8.10.17.pdf
Exhibit A - Application.pdf
Exhibit B - Plat.pdf
Exhibit C - Survey.pdf
Exhibit D - Aerial.pdf
Exhibit E - Photo of Proposed Fencing.pdf
Exhibit F - Photos of Proposed Fence Location.pdf
Exhibit G - Photo of Existing Backyard.pdf
Exhibit H - Photos of Neighboring Fences Along Indian Creek Drive.pdf
DateVer.Action ByActionResult
Case ZBA-17-003 (10 Heritage Court)
DiscussandtakeappropriateactionregardingarequestforaSpecialExceptiontoSection14.02.351(C)(1)andSection
14.02.351(C)(2)oftheTrophyClubCodeofOrdinancesregardingafenceproposedfornoncompliancewiththefront
elevation and side setback regulations located at 10 Heritage Court.
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To: Zoning Board of Adjustment
From: Lisa Payne, Town Planner
CC: Thomas Class, Town Manager
Holly Fimbres, Town Secretary
Re: Case ZBA-17-003
Zoning Board of Adjustment Meeting, Thursday, August 10, 2017
Agenda Item:
Case ZBA-17-003 (10 Heritage Court)
Discuss and take appropriate action regarding a request fora Special Exception to Section
14.02.351(C)(1) and Section 14.02.351(C)(2) of the Trophy Club Code of Ordinances regarding
a fence proposed for noncompliance with the front elevation and side setback regulations
located at 10 Heritage Court.
Request:
The applicant, Stan Stelmach, on behalf of the owners, his daughter and son-in-law, is
requesting approval of a Special Exception for a proposed fence at 10 Heritage Court.
Details:
The subject property is located in the R-11 zoning district and is approximately 11,070 square
feet in size, containinga single family home of approximately 3,287 square feet.The home was
constructed in 1979, before the Town of Trophy Club was established; thus, the zoning
regulations (which includefencing) were not created until long after constructionon this lot
and many others was completed. This lot is labeled as Lot 255 on the Revised Trophy Club
Section Three Plat (Exhibit B), which was filed with Denton County in 1976.
Special Exception Request:
Sections 14.02.351(C)(1) and 14.02.351(C)(2) of the Trophy Club Code of Ordinances state:
(1)Front elevation. All fences shall be located a minimum of ten feet (10') behind the
front elevation of the primary structure.
(2)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.
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The applicant is requesting a special exceptionto construct a fence that extends to the property
line, rather than stopping at the required side yard setback line; and is flush with the front
elevation of the house, rather than being constructed 10’ back.
The subject property does not currently have a fenced yard and the new owners feel that the
backyard area is too steep to fence and viably use(Exhibit G). In addition, old railroad ties exist
along the rear property line to act as a retaining wall, but would need to be removed and a new
wall engineered to set fence posts in or nearby. Furthermore, the applicant believes the side
yard on the north side is not a practical option for fencing because the house is approximately 5
feet from the property line at the eastern end, and a stone retaining wall is situated on the
adjacent property, only an average of 3 feet from where the fence would stand. This could add
a new difficulty that doesn’t currently exist for the next door neighbor maintaining this strip of
land.
The applicant is proposing to fence-in the side yard on the south side of the house because
there is more flat open space, as shown in Exhibit F. However, due to the property abutting
Indian Creek Drive, there is a 15 foot side setback that applies to both the building and the
fence; the area left over would be even smaller than the available area on the north side. The
applicant requests that the owners are granted the ability to construct the fence along the side
property line, rather than the side setback line to gain an additional 15 feet of depth in the
yard, which would be equal to approximately 690 additional square feet. In addition, the
applicant requests permission to construct a fence flush with the front elevation of the house,
rather than 10 feet behind the front elevation, in an effort to maximize the area of use as much
as possible. This area would include the entire trunk of the mature tree that stands between
the house and the street, thus, not endangering its survival. The fence is proposed to be 5 foot
tall, black wrought iron, as shown in Exhibit E. The applicant feels this type of fencing will be
less conspicuous along Indian Creek Drive than the solid, wooden variety. Please note that if
granted, the 15 foot side building setback line will stay in effect for further additions to the
home or accessory structures, regardless of a Special Exception being granted for this fence.
As shown in Exhibit H, many existing fences, and even houses, appear to stand along the
common property lines with Indian Creek Drive’s right-of-way (ROW). There is approximately
10-15 feet of ROW between the curb and the property lines all along the street, which provides
a buffer between fenced-in yards and traffic. When this property was platted and constructed,
Trophy Club’s Zoning Ordinance didn’t apply or even exist, and many fences were built along
the property line shared with Indian Creek Drive ROW long ago. The applicant is requesting to
match that distance created by the property line to continue the aesthetic cohesiveness along
Indian Creek Drive.
As a note, if granted, an existing 10 foot utility easement will run through the fenced area, as
shown in Exhibit C. It is common practice for utility easements to run inside fenced yards; thus,
this does not cause an issue.
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Thursday, August 10, 2017
Special Exception Authority:
Section 14.02.351(P) of the Trophy Club Code of Ordinances authorizesthe Zoning
Board of Adjustment to consider and allow waivers to the fence requirements as a
Special Exception. The language from the ordinance reads:
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 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.
The decision of the Board is final.
Attachments:
Exhibit A – Application
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Exhibit B – Plat
Exhibit C – Survey
Exhibit D – Aerial
Exhibit E – Photo of Proposed Fencing
Exhibit F – Photos of Proposed Fence Location
Exhibit G – Photo of Existing Backyard
Exhibit H – Photos of Neighboring Fences Along Indian Creek Drive
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ExhibitA
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ExhibitA
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ExhibitC
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D
Exhibit
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ExhibitE
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ExhibitF
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ExhibitF
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ExhibitF
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ExhibitF
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ExhibitG
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ExhibitH
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ExhibitH
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ExhibitH
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ExhibitH
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ExhibitH
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Town of Trophy Club 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2017-357-T Version:1 Name:
Type:Agenda Item Status:Regular Session
File created:8/4/2017 In control:Zoning Board of Adjustment (ZBA)
On agenda:8/10/2017 Final action:
Title:Review and approve the minutes of the June 8, 2017 Zoning Board of Adjustment Meeting.
Attachments:ZBA Minutes 6.8.17 DRAFT.pdf
DateVer.Action ByActionResult
Review and approve the minutes of the June 8, 2017 Zoning Board of Adjustment Meeting.
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Thursday, August 10, 2017
100 Municipal Drive
Trophy Club, Texas 76262
Zoning Board of Adjustment
Meeting Minutes
______________________________________________________________________
Thursday,June 8, 2017 6:00 p.m. Svore Municipal Building Boardroom
______________________________________________________________________
CALL TO ORDER AND ANNOUNCE A QUORUM
Chairman Opipare called to order the Zoning Board of Adjustment meeting for Thursday, June 8,2017, at
6:02p.m. and announceda quorum (3 members,2 alternates).
Board MembersPresent:
Chairman Louis Opipare, Jr.
Board Member Joe Hennig
Board member Jeff Sims
Alternate Board Member Jack Ormond
Alternate Board Member John Arnott, Sr.
Staff and Guests Present:
Lisa Reich Town Planner
CITIZEN PRESENTATIONS
Citizens are allowed four (4) minutes to address the Board regarding an item over which
the Board has policy or oversight authority as provided by Texas law, the ethics order, or
other policy order.
Chairman Opipareasked if there were any public requests to speak. No public requests were submitted.
REGULAR SESSION
2017-244-T Case ZBA-17-002 (2414 Strathfield)
Discuss and take appropriate action regarding a request for a Special Exception to
Section 14.02.351(C)(1) of the Trophy Club Code of Ordinances regarding the
construction of a fence within the front yard building setback located at 2414 Strathfield
Lane.
The applicant, Victorya Rogers, 2414 Strathfield Lane, presented to the Board and was available for
questions.
The Board held a discussion and had concerns with the long length of fencing along the street, the
proximity of the fence to the street, the proposed width of the front yard, and the neighbors’ opinions of
the appearance.
Chairman Opiparemade a motion, seconded by Board Member Sims, to approve the request as drawn
on the exhibit, subject to receiving an approval letter from the Homeowners’ Association.
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Chairman Opipare asked for a vote.
Aye: 4– Opipare, Ormond, Sims, Arnott
Against: 1 – Hennig
The applicant provided the Homeowners’ Association approval letter to staff after the ZBA meeting.
VarianceGRANTED.
Action is final.
2017-245-T Consider and take appropriateaction regarding the February 9, 2017 Zoning Board
of Adjustment minutes.
Chairman Opipareasked for a motion.
A motionwasmade byBoard Member Arnott, and seconded by Board Member Sims, to approve the
February 9, 2017 Zoning Board of Adjustment minutes.
The motion passedby the following vote:
Aye: 4– Opipare, Sims, Arnott, Ormond
Abstained:1– Hennig (not present at February 9, 2017 ZBA meeting)
The motion passed.
ADJOURN
Chairman Opipareasked for a motion.
The motionwasmade by BoardMember Arnott, and seconded by Board Member Hennig, to adjourn.
The motion passed unanimously.
The meetingadjourned at 6:44p.m.
______________________________________________________________________
Lou Opipare, ChairmanLisa Reich,Town Planner
Zoning Board of AdjustmentCommunity Development
Town of Trophy Club, Texas Town of Trophy Club, Texas
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