Agenda Packet ZBA 01/11/2018
Thursday, January 11, 2017
2 3 # (#2& 456#78+9
!"#$ %!!& ' ()*
!"#$ +,-./ *012 34545
://-! "#)"/ '%
! "#$ %&'# (#)'*+,-./ -#0 $)1
25+&,'%6 #@% +%&6#AA #B>AC<=>>#?:7 + ;!8#75%.9/&,
7)DD#2E#EFGHF#)IG#)IIEJI7H#)#KJEFJ:
7L2L HI#?FHMHI2)2LEIM
!"#$%&!$%''()!*$+(,&$-./$0 ", !#$ ($%**&!##$ 1!$2(%&*$&!3%&* "3$%"$ !0$(4!&$)1 51$
1!$2(%&*$1%#$6(' 57$(&$(4!&# 31 $%, 1(& 7$%#$6&(4 *!*$87$9!:%#$'%);$ 1!$! 1 5#$(&*!&;$(&$
( 1!&$6(' 57$(&*!&<
FHNJD)F#MHMMLEI
AO
B>ACP>ACP2
7%,/# $)PAQP>><#0R>S#2/ !, #2&%!81
'(26-22 17& 819* 1"" !" (18* 168(!7 *:1 &(7: 1 *;-*28 <! 1 ="*6(1, >06*"8(!7 8!
=*68(!7 ?@A5@BC D+ED E !< 8#* !"#$ +,-. +!&* !< F &(7176*2 *:1 &(7: 8#* < !78
2*8.169 *;-( *G*78 <! <*76*2/ ,!618*& 18 BAH *7(2!7 1(,@
!"#$ %&
IJK L*"! 8 @ @ M@"&<
>0#(.(8 K N K"",(618(!7@"&<
>0#(.(8 J N O,18 <! L*<* *76*@"&<
>0#(.(8 + N =- )*$@"&<
>0#(.(8 ' N O !"!2*& P1$!-8@"&<
>0#(.(8 > N L*<* *76* O#!8!2 !< 8#* O !"* 8$@"&<
>0#(.(8 Q N O#!8! !< B?? '!)* P17*@"&<
BO
B>ACP>BBP2
L*)(*R 17& 1"" !)* 8#* G(7-8*2 !< 8#* F68!.* 5/ 5A 3 I!7(7: J!1 & !< K&S-28G*78
G**8(7:@
!"#$ %&
IJK T(7-8*2 A@ 5@5A 3 'LKQ @"&<
)G@EJFI
#T2UH#$E)FG#:)V#7EIWHIH#LI2E#HXH7J2LWH#MHMMLEI#2E#GLM7JMM#?EM2HG#
L2H:M#)M#)DDEYHG#$V#2UH#2HX)M#E?HI#:HH2LINM#)72 #2HX)M#DE7)D#
NEWHFI:HI2#7EGH#ZZAO>QAO
I -!;/#!,#5/&/96#"!\[/ #-5%-#%#\\+ &+.# (#-5/#2 3 #7 + ;!8#.%6#9/#! #%--/ '% ;/#%-#
-5!,#.//-! "O
Zoning Board of Adjustment1 of 19
Thursday, January 11, 2017
! "#$ %&'# (#)'*+,-./ -#0 $)1://-! "#)"/ '%@% +%&6#AA #B>AC
7HF2L\]L7)2LEI
L#;/&-!(6#-5%-#-5/#%9 \[/# -!;/#3%,#4 ,-/'# #-5/#9+88/-! #9 %&'#%-#2& 456#78+9#2 3 #
U%88 #A#2& 456#Y '#G&!\[/ #2& 456#78+9 #2/^%, # #\]&!'%6 #@% +%&6#Z #B>AC#96#Z=>>#
?O:O#! #%;; &'% ;/#3!-5#75%4-/&#ZZA #2/^%,#N \[/& ./ -#7 '/O
____________________________________
@+8!/#M./,-%'
)'.! !,-&%-!\[/#M4/;!%8!,-
L(#6 +#48% #- #%--/ '#-5!,#4+98!;#.//-! "#% '#5%\[/#%#'!,%9!8!-6#-5%-#&/\\+!&/,#,4/;!%8#
//', #48/%,/#; -%;-#-5/#2 3 #M/;&/-%&6`,#E((!;/#%-#<CBPBRQPBS>> #aC#5 +&,#! #
%'\[% ;/#% '#&/%, %98/#%;; .. '%-! ,#3!88#9/#.%'/#- #%,,!,-#6 +O
L#;/&-!(6#-5%-#-5/#%--%;5/'# -!;/#% '#%"/ '%# (#!-/.,#- #9/#; ,!'/&/'#96#-5!,#$ %&'#
3%,#&/. \[/'#96#./#(& .#-5/#9+88/-! #9 %&'#%-#2& 456#78+9#2 3 #U%88 #A#2& 456#Y '#
G&!\[/ #2& 456#78+9 #2/^%, # #-5/#__________#'%6# (#______________________ #B>ACO
________________________________ #2!-8/=#___________________________
Zoning Board of Adjustment2 of 19
Thursday, January 11, 2017
Town of Trophy Club 1 Trophy Wood Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2018-018-T Version:1 Name:
Type:Agenda Item Status:Regular Session
File created:1/4/2018 In control:Zoning Board of Adjustment (ZBA)
On agenda:1/11/2018 Final action:
Title:Case ZBA-17-006 (309 Tenison Trail)
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 front setback requirement for fences,
located at 309 Tenison Trail.
Attachments:ZBA Report 1.11.18.pdf
Exhibit A - Application.pdf
Exhibit B - Plat for Reference.pdf
Exhibit C - Survey.pdf
Exhibit D - Proposed Layout.pdf
Exhibit E - Reference Photos of the Property.pdf
Exhibit F - Photo of 344 Dover Lane.pdf
DateVer.Action ByActionResult
Case ZBA-17-006 (309 Tenison Trail)
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 front setback requirement for fences, located at 309 Tenison Trail.
Zoning Board of Adjustment3 of 19
Thursday, January 11, 2017
To: Zoning Board of Adjustment
From: Lisa Payne, Town Planner
CC: Thomas Class, Town Manager
Holly Fimbres, Town Secretary
Re: Case ZBA-17-006
Zoning Board of Adjustment Meeting, Thursday, January 11, 2018
Agenda Item:
Case ZBA-17-006 (309 Tenison Trail)
Discuss and take appropriate action regarding a request fora Special Exception to Section
14.02.351(C)(1) of the Trophy Club Code of Ordinances regarding the front setback
requirement for fences, located at 309 Tenison Trail.
Request:
The applicant, Gary Furnas, isrequesting approval of a Special Exception to install a fence with
an automated gate flush with the front elevation of his home (setback zero feet (0’)), rather
than adhering to the required 10-ft setback.
Zoning:
The subject property is located in Planned Development No. 31 within Canterbury Hills.
Current Conditions:
The subject property is approximately 15,812 square feet in size and contains of a home of
approximately 7,316 total square feet, including garages and patios. As shown on the surveys
and in the photos, a wing wall was built as part of the house, extending approximately 5 feet
beyond the west side of the house, in-line with the front elevation. This is a common
connection point for a gate, regardless of the location of garage doors.
Special Exception Request:
Section (J) of the Development Standards for PD-31 states:
“Fences: Front, side, and rear yard fencing shall comply with all
Town ordinances and regulations as amended...”
Zoning Board of Adjustment4 of 19
Thursday, January 11, 2017
Due to that statement, we must defer to the Trophy Club Code of Ordinances, Section
14.02.351(C)(1), which states:
“Front elevation. All fences shall be located a minimum of ten feet
(10') behind the front elevation of the primary structure.”
The applicant is requesting approval of a Special Exception to construct a fence with an
automated gate within the front yard setback. The current fence provides approximately 30
feet of backyard depth along the western property line, and the proposed fence will add
approximately 50 feet to that, creating a fenced-in yard that is approximately 80 feet deep
along the western property line. That being said, the purpose for the request is to fence in the
garages by an automated gate. Regrettably, the western-facing garage was constructed at the
front of the house, making it impossible to adhere to the 10’ setback regulation and still keep
that garage protected behind the gate, as shown on Exhibit E (attached).
The automated wrought iron gate is proposed to extend from the wing wall at the front of the
home, across the driveway, to a proposed masonry column. From there, a wrought iron fence
will run north along the western property line until it meets the existing shared wooden fence,
as shown on Exhibit D (attached). The automated gate will stand approximately 50 feet behind
the front property line.
At this time, the applicant is in the process of obtaining approval from the Homeowners’
Association and plans to bring an approval letter to this meeting.
In addition, the applicant has provided a photo of the automated gate at 344 Dover Lane, which
is located in the same subdivision. In 2015, this property was granted approval by the Zoning
Board of Adjustment for a Special Exception to allow the gate and columns to be setback zero
feet (0’) from the front elevation of the house. The location of this gate is common at many
homes in Trophy Club.
An automated gate and the construction of the rest of their fence surrounding their backyard is
allowed without special permission; this request is only in reference to where the fence and
gate are proposed to be installed across the driveway.
SpecialException Authority:
Section 14.02.351(P) of the Trophy Club Code of Ordinances authorizes the 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.
Zoning Board of Adjustment5 of 19
Thursday, January 11, 2017
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
Exhibit B – Plat for Reference
Exhibit C – Survey
Exhibit D – Proposed Layout
Exhibit E – Reference Photos of the Property
Exhibit F – Photo of 344 Dover Lane
Zoning Board of Adjustment6 of 19
ExhibitA
Thursday, January 11, 2017
Zoning Board of Adjustment7 of 19
Thursday, January 11, 2017
ExhibitA
Zoning Board of Adjustment8 of 19
Thursday, January 11, 2017
ExhibitC
Zoning Board of Adjustment10 of 19
2017
11,
January
Thursday,
D
Exhibit
of 19
11
Adjustment
of
Board
Zoning
Thursday, January 11, 2017
ExhibitE
Zoning Board of Adjustment12 of 19
Thursday, January 11, 2017
ExhibitE
Zoning Board of Adjustment13 of 19
Thursday, January 11, 2017
ExhibitE
Zoning Board of Adjustment14 of 19
Thursday, January 11, 2017
ExhibitF
Zoning Board of Adjustment15 of 19
Thursday, January 11, 2017
Town of Trophy Club 1 Trophy Wood Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2018-022-T Version:1 Name:
Type:Agenda Item Status:Regular Session
File created:1/4/2018 In control:Zoning Board of Adjustment (ZBA)
On agenda:1/11/2018 Final action:
Title:Review and approve the minutes of the October 12, 2017 Zoning Board of Adjustment meeting.
Attachments:ZBA Minutes 10.12.2017 DRAFT.pdf
DateVer.Action ByActionResult
Review and approve the minutes of the October 12, 2017 Zoning Board of Adjustment meeting.
Zoning Board of Adjustment16 of 19
Thursday, January 11, 2017
100 Municipal Drive
Town Of Trophy Club
Trophy Club, Texas 76262
Zoning Board of Adjustment
Meeting Minutes
______________________________________________________________________
Thursday, October 12, 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, October 12,
2017, at 6:01p.m. and announcedaquorum (6 members).
Board MembersPresent:
Chairman Louis Opipare, Jr.
Board Member Joe Hennig
Board Member John Murtaugh
Board member Jeff Sims
Alternate Board MemberMark Hamil
Alternate Board Member Peter Blanchard
Staff and Guests Present:
Lisa Payne Town Planner
Julie Smestad Recording Secretary
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
2017-464-TNomination and Election of Vice-Chairman
Chairman Opipare asked for nomination for Vice-Chair of the Zoning Board of Adjustments. Board
member Murtaugh nominated Joe Hennig. No other nominations were made.
Chairman Opipare asked for a motion.
A motion was made by Board Member Murtaugh, and seconded by Board Member Sims, to elect Board
Member Joe Hennig as the Vice-Chairman of the Zoning Board of Adjustments.
The motion passed unanimously.
Zoning Board of Adjustment17 of 19
Thursday, January 11, 2017
2017-465-TNomination and Election of Secretary
Chairman Opipare asked for nomination for Secretaryof the Zoning Board of Adjustments. Board
member Hennignominated John Murtaugh. No other nominations were made.
Chairman Opipare asked for a motion.
A motion was made by Board Member Hennig, and seconded by Board Member Hamil, to elect Board
Member John Murtaugh as the Secretary of the Zoning Board of Adjustments.
The motion passed unanimously.
2017-462-T
Case ZBA-17-004 (216 Durango Drive)
Discuss and takeappropriate action regarding a request for a Special Exception to
Section 14.02.351(C) (1) of the Trophy Club Code of Ordinances regarding the front
setback requirement for fences, located at 216 Durango Drive.
The applicants, Megan and Kevin Thompson, 216 Durango Drive, Trophy Club, presented to the Board
and was available for questions.
Chairman Opipare requested a motion. Board Member Murtaugh motioned, seconded by Board Member
Sims to approve the request as submitted.
Chairman Opipare asked for a vote.
The motion passed unanimously. Special Exception GRANTED.The action is final.
2017-463-T
Case ZBA-17-005 (501 Fisher Drive)
Discuss and take appropriate action regarding a request for a Special Exception to
Section 14.02.351(C) (2) of the Trophy Club Code of Ordinances regarding the side
setback requirement for fences adjacent to side streets, located at 501 Fisher Drive.
The applicant, Christian Danobeytia, on behalf of the property owner, Ashton Woods Homes, presented
to the Board and was available for questions.
Chairman Opipare requested a motion. Board Member Blanchard motioned, seconded by Board Member
Sims to approve the request as submitted.
Chairman Opipare asked for a vote.
The motion passed unanimously. Special Exception GRANTED.The action is final.
2017-467-T Consider and take appropriateaction regarding theAugust 10, 2017 Zoning Board
of Adjustment minutes.
Chairman Opipareasked for a motion.
A motion was made by Board Member Hamil, and seconded by Board Member Murtaugh, to approve the
August 10, 2017 Zoning Board of Adjustment minutesas written.
The motion passed unanimously.
Zoning Board of Adjustment18 of 19
Thursday, January 11, 2017
ADJOURN
Chairman Opipareasked for a motion.
The motionwasmade by BoardMemberHamil, andseconded by Board MemberMurtaugh, to adjourn.
The motion passed unanimously.
The meetingadjourned at 6:19p.m.
______________________________________________________________________
Lou Opipare, ChairmanJulie Smestad, Recording Secretary
Zoning Board of AdjustmentCommunity Development
Town of Trophy Club, Texas Town of Trophy Club, Texas
___________________________________
John Murtaugh, Secretary
Zoning Board of Adjustment
Town of Trophy Club, Texas
Zoning Board of Adjustment19 of 19