Agenda Packet ZBA 12/13/2018
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Zoning Board of AdjustmentPage 1 of 16Meeting Date: Thursday, December 13, 2018
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Zoning Board of AdjustmentPage 2 of 16Meeting Date: Thursday, December 13, 2018
1 Trophy Wood Drive
Town of Trophy Club
Trophy Club, Texas 76262
Legislation Details (With Text)
File #: Version:Name:
2018-568-T2
Type:Status:
Agenda ItemRegular Session
File created:In control:
12/6/2018Zoning Board of Adjustment (ZBA)
On agenda:Final action:
12/13/2018
Title:
Nomination and Election of Vice-Chairman.
Attachments:
DateVer.Action ByActionResult
Nomination and Election of Vice-Chairman.
Zoning Board of AdjustmentPage 3 of 16Meeting Date: Thursday, December 13, 2018
1 Trophy Wood Drive
Town of Trophy Club
Trophy Club, Texas 76262
Legislation Details (With Text)
File #: Version:Name:
2018-565-T1
Type:Status:
Agenda ItemRegular Session
File created:In control:
12/5/2018Zoning Board of Adjustment (ZBA)
On agenda:Final action:
12/13/2018
Title:
Case ZBA-18-004 (6 Palo Duro Court)
a.Conduct a Public Hearing regarding a request for a variance to allow a proposed addition to a
residential structure to encroach on the rear yard setback, generally located approximately 330 feet
south of Sonora Drive, at the southern end of Palo Duro Court.
b.Consider and take appropriate action regarding a request for a variance to allow a proposed
addition to a residential structure to encroach on the rear yard setback, generally located
approximately 330 feet south of Sonora Drive, at the southern end of Palo Duro Court.
Attachments:
ZBA Report 12.13.18.pdf
Exhibit A - Explanation (Page 2 of ZBA Application).pdf
Exhibit B - Existing Survey.pdf
Exhibit C - Aerial Survey with Proposed Addition.pdf
Exhibit D - Subdivision Aerial.pdf
Exhibit E - Village West Section B Final Plat - 1979.pdf
Exhibit F - Village West Section B Replat - 1993.pdf
DateVer.Action ByActionResult
Case ZBA-18-004 (6 Palo Duro Court)
a.ConductaPublicHearingregardingarequestforavariancetoallowaproposedadditiontoaresidential
structuretoencroachontherearyardsetback,generallylocatedapproximately330feetsouthofSonoraDrive,
at the southern end of Palo Duro Court.
b.Considerandtakeappropriateactionregardingarequestforavariancetoallowaproposedadditiontoa
residentialstructuretoencroachontherearyardsetback,generallylocatedapproximately330feetsouthof
Sonora Drive, at the southern end of Palo Duro Court.
Zoning Board of AdjustmentPage 4 of 16Meeting Date: Thursday, December 13, 2018
To: Zoning Board of Adjustment
From: Lisa Payne, Town Planner
CC: ThomasM. Class Sr., Town Manager
Holly Fimbres, Town Secretary/RMO
Re: Case ZBA-18-004
Zoning Board of Adjustment Meeting, December 13, 2018
Agenda Item:
Case ZBA-18-004 (6 Palo Duro Court)
A.Conduct a Public Hearing regarding a request for a variance to allow a proposed
addition to a residential structure to encroach on the rear yard setback, generally
located approximately 330 feet south of Sonora Drive, at the southern end of Palo Duro
Court.
B.Consider and take appropriate action regarding a request for a variance to allow a
proposed addition to a residential structure to encroach on the rear yard setback,
generally located approximately 330 feet south of Sonora Drive, at the southern end of
Palo Duro Court.
Background and Explanation:
The property owners are requesting approval of a varianceso that they may expand their home
that is located at 6 Palo Duro Court. The zoning district is R-8 Single Family which has a 20 foot
rear setback regulation(Sec. 14.02.156(f)(6)). In addition, there is a 10 foot drainage and utility
easement along the rear property line. The proposed variance would not affect the easement,
as it is not being encroached upon.
This lot, along with many adjacent lots, is unique in that the fenced backyard includes property
that is not legally part of the lot. The Village West subdivision was platted in 1979 (Exhibit E),
but was replatted in 1993(Exhibit F) due to the State taking a portion of the subdivision’s land
to expand SH 114. The 1993 replat shows how lots were dissected and reconfigured to
accommodate the expansion of SH 114 right-of-way.
The expansion was followed by the construction of a sound wall, separating the residential lots
from the highway. In doing this, the access to the open space (labeled as Tract F Exhibit E)
between the homes and the highway was cut off and rendered unusable. This property was
Zoning Board of AdjustmentPage 5 of 16Meeting Date: Thursday, December 13, 2018
owned by the Trophy Club Community Improvement Association (CIA), and before dissolving to
the authority of the Town, they distributed letters to residents in 2000 giving them the
opportunity to fence the CIA property that lies behind their residential propertiesinto their
backyards. As shown on Exhibit D, all backyards along the highway now connect to the sound
wall.
Consequently, the backyard at 6 Palo Duro Court extends well beyond the rear property line
shown in blue on Exhibits B & C and the applicants claim that a building addition that sits 10
feet, rather than 20 feet,away from the legal rear property line will not negatively impact the
neighboring uses or property ownerssince their backyard extends approximately 55 feet
beyond the outer corner of the addition. This request does not propose to build outside of the
applicants’ legal property.
Public notice was published in the newspaper and sent to those who own property within 200
feet of the subject property. To date, staff has received zero inquiries about the proposed
variance.
Zoning Board of Adjustment Authority:
The Zoning Board of Adjustment has the authority to act upon a request for variance. The
following should be considered.
1.Is the request owing to a distinct condition inherent in the property itself (e.g.,
irregularly-shaped lot, unusual topography, etc.)?
2.Is the condition unique to the property (e.g., unusual slope, odd location, etc.)?
3.Is the condition self-imposed or self-created?
4.Is the request owing to a financial hardship?
5.Will a literal enforcement of the zoning ordinance result in an unnecessary hardship?
6.Will the hardship prevent any reasonable use whatsoever?
7.Will the granting of the variance be contrary to public interest?
8.Is the request within the spirit of the ordinance and does it further substantial justice?
The decision of the Board is final.
Attachments:
Exhibit A – Explanation (Page 2 of ZBA Application)
Exhibit B – Existing Survey
Exhibit C – Aerial Survey with Proposed Addition
Exhibit D – Subdivision Aerial
Exhibit E – Village West Section B Final Plat – 1979
Exhibit F – Village West Section B Replat – 1993
Zoning Board of AdjustmentPage 6 of 16Meeting Date: Thursday, December 13, 2018
Exhibit A
Zoning Board of AdjustmentPage 7 of 16Meeting Date: Thursday, December 13, 2018
Exhibit B
BLUE LINE = PROPERTY LINE
Zoning Board of AdjustmentPage 8 of 16Meeting Date: Thursday, December 13, 2018
Exhibit C
BLUE LINE = PROPERTY LINE
Zoning Board of AdjustmentPage 9 of 16Meeting Date: Thursday, December 13, 2018
Exhibit D
N
Zoning Board of AdjustmentPage 10 of 16Meeting Date: Thursday, December 13, 2018
Exhibit E
Zoning Board of AdjustmentPage 11 of 16Meeting Date: Thursday, December 13, 2018
Exhibit F
Zoning Board of AdjustmentPage 12 of 16Meeting Date: Thursday, December 13, 2018
1 Trophy Wood Drive
Town of Trophy Club
Trophy Club, Texas 76262
Legislation Details (With Text)
File #: Version:Name:
2018-564-T1
Type:Status:
Agenda ItemRegular Session
File created:In control:
12/5/2018Zoning Board of Adjustment (ZBA)
On agenda:Final action:
12/13/2018
Title:
Consider and take appropriate action regarding the August 9, 2018 Zoning Board of Adjustment
minutes.
Attachments:
ZBA Minutes 08.09.2018 DRAFT.pdf
DateVer.Action ByActionResult
Consider and take appropriate action regarding the August 9, 2018 Zoning Board of Adjustment minutes.
Zoning Board of AdjustmentPage 13 of 16Meeting Date: Thursday, December 13, 2018
1 Trophy WoodDrive
Trophy Club, Texas 76262
Town of Trophy Club
Zoning Board of Adjustment (ZBA)
Meeting Minutes
______________________________________________________________________
Thursday,August 9, 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, August 9,
2018, at 6:00 p.m. and announceda quorum (5members).
Board MembersPresent:
Chairman Louis Opipare, Jr.
Vice Chairman Joe Hennig
Secretary John Murtaugh
Board MemberSean Cannon
Alternate Board Member Terry Kesterson
Board Members Absent:
Board Member Jeff Sims
Alternate Board Member Peter Blanchard
Alternate Board Member Mark Hamil
Alternate Board Member Jack Ormond
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
2018-377-T 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)(1) of the Trophy Club Code of Ordinances regarding the front
setback requirement for fences, located at 2641 Highlands Court.
Zoning Board of AdjustmentPage 14 of 16Meeting Date: Thursday, December 13, 2018
The applicant was not present. After some discussion, Chairman Opiparemoved to approve the special
exception.
Motion wasseconded by Alternate Board Member Terry Kesterson.
Motion passed unanimously.
Special Exception GRANTED.
Action is final.
2018-373-T Consider and take appropriate action regarding the April 12, 2018 ZoningBoard of
Adjustment minutes.
Chairman Opipare asked if there were any additions or corrections to the minutes. There were none.
Chairman Opipare asked for a motion.
Board Member Cannon moved to approve the April 12, 2018 minutes. Motion seconded by Alternate
Board Member Kesterson.
Motion approved 4-0-1with Chairman Opipare, Secretary Murtaugh, Board Member Cannon, and
Alternate Board Member Kesterson voting for the motion.
Vice Chairman Hennig abstainedas he was not present at the April 12, 2018 meeting.
Motion approved.
2018-378-T Town Planner Updates: Discussion on current Town development issues and
development codes.
Staff updates were given by Lisa Payne, Town Planner and Tommy Uzee, Director of Community
Development.
ADJOURN
Chairman Opipare asked for a motion.
Motion made by Secretary Murtaughto adjourn,seconded byAlternateBoard MemberKesterson.
Motion passed unanimously.Meetingadjourned at 6:34p.m.
______________________________________________________________________
LouisOpipare, Jr.,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
Zoning Board of AdjustmentPage 15 of 16Meeting Date: Thursday, December 13, 2018
1 Trophy Wood Drive
Town of Trophy Club
Trophy Club, Texas 76262
Legislation Details (With Text)
File #: Version:Name:
2018-569-T1
Type:Status:
Agenda ItemRegular Session
File created:In control:
12/6/2018Zoning Board of Adjustment (ZBA)
On agenda:Final action:
12/13/2018
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 AdjustmentPage 16 of 16Meeting Date: Thursday, December 13, 2018