Agenda Packet ZBA 08/09/2018
Thursday, August 09, 2018
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Zoning Board of Adjustment1 of 23Meeting Date: Thursday, August 9, 2018
Thursday, August 09, 2018
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Zoning Board of Adjustment2 of 23Meeting Date: Thursday, August 9, 2018
Thursday, August 09, 2018
Town of Trophy Club 1 Trophy Wood Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2018-377-T Version:1 Name:
Type:Agenda Item Status:Draft
File created:8/2/2018 In control:Zoning Board of Adjustment (ZBA)
On agenda:8/9/2018 Final action:
Title:Case ZBA-18-003 (2641 Highlands Court)
Discuss and take appropriate action regarding a request for a Special Exception to Section 14.02.351
(C)(3) of the Trophy Club Code of Ordinances regarding the restriction of parallel fences, located at
2641 Highlands Court.
Attachments:ZBA Report 8.9.18.pdf
Exhibit A - Explanation (Page 2 of ZBA Application).pdf
Exhibit B - Existing Legal Description.pdf
Exhibit C - Existing Survey.pdf
Exhibit D - Final Plat.pdf
Exhibit E - Aerial with Proposed Fence.pdf
Exhibit F - Aerial of Distance Between Property Line and Wall.pdf
Exhibit G - Photos of Existing Fence Lines.pdf
Exhibit H - HOA Application.pdf
DateVer.Action ByActionResult
Case ZBA-18-003 (2641 Highlands Court)
DiscussandtakeappropriateactionregardingarequestforaSpecialExceptiontoSection14.02.351(C)(3)oftheTrophy
Club Code of Ordinances regarding the restriction of parallel fences, located at 2641 Highlands Court.
Zoning Board of Adjustment3 of 23Meeting Date: Thursday, August 9, 2018
Thursday, August 09, 2018
To: Zoning Board of Adjustment
From: Lisa Payne, Town Planner
CC: Thomas M. Class Sr., Town Manager
Holly Fimbres, Town Secretary/RMO
Re: Case ZBA-18-003
Zoning Board of Adjustment Meeting, August 9, 2018
Agenda Item:
Case ZBA-18-003 (2641 Highlands Court)
Discuss and take appropriate action regarding a request for a Special Exception to Section
14.02.351(C)(3) of the Trophy Club Code of Ordinances regarding the restriction of parallel
fences, located at 2641 Highlands Court.
Special Exception Request:
Guy & Megan Grivas are requesting approval of a Special Exception for a fence to be
constructed parallel to an existing masonry wall that is located approximately 10 feet away. The
applicants’ property is located at 2641 Highlands Court within The Highlands of Trophy Club,
which is also known as PD Planned Development No. 27. The Development Standards of PD-27
state that fence construction shall comply with the Trophy Club 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.
Several months ago, the applicants contacted the Town with interest in acquiring the unused
Town property directly behind their homeand fencing it in to create a larger backyard. While
researchingproperty records, staff discovered that the Town does not own all of the property
between the Grivas’ fence and the masonry wall surrounding the gas well site; Beck Properties
Trophy Club LP (the owner of the gas well site) owns approximately 10 feet of land outside of
Page 1 of 3
Zoning Board of Adjustment4 of 23Meeting Date: Thursday, August 9, 2018
Thursday, August 09, 2018
the wall. Beck was not interested in transferring land to the applicants, but on April 24, 2018,
Town Council directed staff to move forward on conveying the Town’s portion of the land to
the applicants, adding almost 2,000 square feet to their backyard (see Exhibit E).
As agreed upon with the Town Manager, the first step to conveyance is to request a Special
Exception for a new fence to surround the expanded backyard area which will result in the rear
fence standing approximately 10 feet from the existing masonry wall surrounding the capped
gas wells. If the wall were constructed on the common property line, parallel fences would not
be a problem. Parallel fencing already exists directly to the south of the proposed fence
location; the Grivas’ next door neighbors’ fence at 2639 Highlands Court was built on the
common property line shared with Beck Properties which creates parallel fencing because
Beck’s wall is approximately 10 feet inside his property line, as shown on Exhibit F. The
applicants propose to extend the common fence line along the same property line their
neighbors share with Beck Properties. If a Special Exception is granted for the proposed fence,
the applicants and Town staff will move forward in the conveyance process.
The applicants’ explanation on the second page of the ZBA application is attached as Exhibit A
to help describe their request. The applicants’ application to the Homeowners’ Association
(HOA) is attached as Exhibit H; at this time, the applicant has yet to receive approval. For
reference, the subject property is outlined on the attached Final Plat (Exhibit D).
Special Exception 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.
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
Page 2 of 3
Zoning Board of Adjustment5 of 23Meeting Date: Thursday, August 9, 2018
Thursday, August 09, 2018
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 – Explanation (Page 2 of ZBA Application)
Exhibit B – Existing Legal Description
Exhibit C – Existing Survey
Exhibit D – Final Plat
Exhibit E – Aerial with Proposed Fence
Exhibit F – Aerial of Distance Between Property Line and Wall
Exhibit G – Photos of Existing Fence Lines
Exhibit H – HOA Application
Page 3 of 3
Zoning Board of Adjustment6 of 23Meeting Date: Thursday, August 9, 2018
Exhibit A
Thursday, August 09, 2018
Zoning Board of Adjustment7 of 23Meeting Date: Thursday, August 9, 2018
Exhibit B
Thursday, August 09, 2018
Zoning Board of Adjustment8 of 23Meeting Date: Thursday, August 9, 2018
Exhibit C
Thursday, August 09, 2018
Zoning Board of Adjustment9 of 23Meeting Date: Thursday, August 9, 2018
Exhibit C
Thursday, August 09, 2018
Zoning Board of Adjustment10 of 23Meeting Date: Thursday, August 9, 2018
20182018
09, 9,
August
August
Thursday,
Thursday,
Date:
Meeting
Exhibit D
of 23
11
Adjustment
of
Board
Zoning
Exhibit E
Thursday, August 09, 2018
Zoning Board of Adjustment12 of 23Meeting Date: Thursday, August 9, 2018
mapping tools.
2018
2018
9,
09,
August
August
Thursday,
Thursday,
The thick red line between the gas well site wall and the property line measures approximately 9.9 feet using Denton County’s
Date:
Meeting
The referenced line of distance was drawn by hand and is not an exact measurement.
F
Exhibit
of 23
13
Adjustment
of
Board
Zoning
Exhibit G
Thursday, August 09, 2018
Zoning Board of Adjustment14 of 23Meeting Date: Thursday, August 9, 2018
Exhibit G
Thursday, August 09, 2018
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Exhibit G
Thursday, August 09, 2018
Zoning Board of Adjustment16 of 23Meeting Date: Thursday, August 9, 2018
Exhibit H
Thursday, August 09, 2018
Zoning Board of Adjustment17 of 23Meeting Date: Thursday, August 9, 2018
Exhibit H
Thursday, August 09, 2018
Zoning Board of Adjustment18 of 23Meeting Date: Thursday, August 9, 2018
Exhibit H
Thursday, August 09, 2018
Zoning Board of Adjustment19 of 23Meeting Date: Thursday, August 9, 2018
Thursday, August 09, 2018
Town of Trophy Club 1 Trophy Wood Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2018-373-T Version:1 Name:
Type:Agenda Item Status:Draft
File created:8/1/2018 In control:Zoning Board of Adjustment (ZBA)
On agenda:8/9/2018 Final action:
Title:Consider and take appropriate action regarding the April 12, 2018 Zoning Board of Adjustment
minutes.
Attachments:ZBA Minutes 04.12.2018 DRAFT.pdf
DateVer.Action ByActionResult
Consider and take appropriate action regarding the April 12, 2018 Zoning Board ofAdjustment minutes.
Zoning Board of Adjustment20 of 23Meeting Date: Thursday, August 9, 2018
Thursday, August 09, 2018
1 Trophy WoodDrive
Trophy Club, Texas 76262
Town of Trophy Club
Zoning Board of Adjustment (ZBA)
Meeting Minutes
______________________________________________________________________
Thursday,April 12, 2018 6:00 p.m. Council Chambers
______________________________________________________________________
CALL TO ORDER AND ANNOUNCE A QUORUM
Chairman Opipare called to order the Zoning Board of Adjustment meeting for Thursday, April 12,
2018, at 6:01 p.m. and announceda quorum (5members).
Board MembersPresent:
Chairman Louis Opipare, Jr.
Board Member Jeff Sims
Board MemberSean Cannon
Alternate Board Member Terry Kesterson
Alternate Board Member Jack Ormond (arrived at 6:07PM)
Board Members Absent:
Secretary John Murtaugh
Vice ChairmanJoe Hennig
Alternate Board Member Peter Blanchard
Alternate Board Member Mark Hamil
Staff and Guests Present:
Lisa Payne Town Planner
Julie Smestad Recording Secretary
Philip Shoffner Council Member
CITIZEN PRESENTATIONS
Citizens are allowed four (4) minutes to address the Board regarding an item over which the
Board has policy or oversightauthority 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
2018-018-T Case ZBA-18-002 (515 Asheville Lane)
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 515 Asheville Lane.
Zoning Board of Adjustment21 of 23Meeting Date: Thursday, August 9, 2018
Thursday, August 09, 2018
Chairman Opipareasked for Applicant comments.Rosie Bartlett, 515 Asheville Lane, Trophy Club spoke
and was available for questions.
Chairman Opiparemoved to approve the special exception, seconded by Terry Kesterson.
Motion passed unanimously.
Special Exception GRANTED.
Action is final.
2018-164-T Case ZBA 18-001 (224 Oak Hill Drive)
a. Conduct a Public Hearing regarding
Chairman Opipareasked for the motion.
Motion made byAlternate Board Member Hamil, seconded by Board Member Sims, to approve the
January 11, 2018Zoning Board of Adjustment minutes.
Motion passed unanimously.
ADJOURN
Chairman Opipare asked for a motion.
Motion made by Secretary Murtaugh, seconded byAlternateBoard MemberHamil, to adjourn.
Motion passed unanimously.Meetingadjourned at 6:18p.m.
______________________________________________________________________
Lou Opipare, ChairmanJohn Murtaugh, Secretary
Zoning Board of AdjustmentZoning Board of Adjustments
Town of Trophy Club, Texas Town of Trophy Club, Texas
____________________________________
Julie Smestad, Recording Secretary
Town of Trophy Club, Texas
January 11, 2018 ZBA Minutes Page 2 of 2
Zoning Board of Adjustment22 of 23Meeting Date: Thursday, August 9, 2018
Thursday, August 09, 2018
Town of Trophy Club 1 Trophy Wood Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2018-378-T Version:1 Name:
Type:Agenda Item Status:Draft
File created:8/2/2018 In control:Zoning Board of Adjustment (ZBA)
On agenda:8/9/2018 Final action:
Title:Town Planner Updates: Discussion on current Town development issues and development codes.
Attachments:
DateVer.Action ByActionResult
Town Planner Updates: Discussion on current Town development issues and development codes.
Zoning Board of Adjustment23 of 23Meeting Date: Thursday, August 9, 2018