Agenda Packet ZBA 06/13/2019
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Zoning Board of AdjustmentPage 1 of 32Meeting Date: Thursday, June 13, 2019
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Zoning Board of AdjustmentPage 2 of 32Meeting Date: Thursday, June 13, 2019
1 Trophy Wood Drive
Town of Trophy Club
Trophy Club, Texas 76262
Legislation Details (With Text)
File #: Version:Name:
2019-260-T1
Type:Status:
Agenda ItemRegular Session
File created:In control:
6/6/2019Zoning Board of Adjustment (ZBA)
On agenda:Final action:
6/13/2019
Title:
Case ZBA-19-001 (8 Hideaway 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 east of Hideaway Court
and approximately 250 feet north of Durango Drive.
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 east of
Hideaway Court and approximately 250 feet north of Durango Drive.
Attachments:
ZBA Report 6.13.19.pdf
Exhibit A - Explanation.pdf
Exhibit B - HOA Approval.pdf
Exhibit C - Neighbors' Signatures.pdf
Exhibit D - Proposed Patio Cover Plans.pdf
Exhibit E - Aerial Photo.pdf
Exhibit F - Plot Plan.pdf
Exhibit G - Renderings.pdf
Exhibit H - Photos.pdf
Exhibit I - PD-15 Park View Regulations.pdf
DateVer.Action ByActionResult
Case ZBA-19-001 (8 Hideaway 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 east of Hideaway Court and approximately 250 feet north of
Durango Drive.
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 east of Hideaway Court and approximately 250 feet
north of Durango Drive.
Zoning Board of AdjustmentPage 3 of 32Meeting Date: Thursday, June 13, 2019
To: Zoning Board of Adjustment
From: Lisa Payne, Town Planner
CC: Jonathan Phillips, Interim Town Manager
Holly Fimbres, Town Secretary/RMO
Re: Case ZBA-19-001
Zoning Board of Adjustment Meeting, June 13, 2019
Agenda Item:
Case ZBA-19-001 (8 Hideaway 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 east of Hideaway Court and approximately 250 feet north of Durango Drive.
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 east of Hideaway Court and approximately 250 feet north of Durango
Drive.
Background and Explanation:
The property ownersof 8 Hideaway Courtare requesting approval of a variance so that they
may demolish their existing attached patio cover and construct a new one that will encroach
ten feet (10’) into the rear setback (Exhibit F). This 13,747 square foot (0.3156 acre) property is
within the Park View section of the PD-15 zoning district which has a twenty foot (20’) rear
setback regulation (Exhibit I). Any attached addition to the house must comply with the
required building setbacks. There is also a ten foot (10’) utility easement along the rear
property linethat is not affected, but shown on the plot plan.
As is typical, the back of the housewas built to the rear setback line. An uncovered backyard
patio was constructed with the house and extends into the rear setback because flatwork does
not have setback requirements. At a later date, the existing patio cover was constructed
without a permit and it encroaches into the twenty foot (20’) rear setback. The applicant has
stated that the patio cover already existedwhen he purchased the houseand staff does not
plan to pursue removal.
Zoning Board of AdjustmentPage 4 of 32Meeting Date: Thursday, June 13, 2019
The proposed addition to the house(Exhibit G) will only be ten feet (10’) from the rear property
line if constructed. The request to replace the patio cover with a larger one that encroaches
further into the twenty foot (20’) rear setback violates the PD-15 zoning regulations. The Board
must determine if a hardship exists when considering a variance.
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 been contacted by one neighbor that is not in
favor of the request.
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 in determining the validity of a hardship.
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.
Staff Recommendation:
Staff recommends denying this request due to a lack of hardship.
Attachments:
Exhibit A – Explanation (Page 2 of ZBA Application)
Exhibit B – HOA Approval
Exhibit C – Neighbors’ Signatures
Exhibit D – Proposed Patio Cover Plans
Exhibit E – Aerial Photo
Exhibit F – Plot Plan
Exhibit G – Renderings
Exhibit H – Photos
Exhibit I – PD-15 Park View Regulations
Zoning Board of AdjustmentPage 5 of 32Meeting Date: Thursday, June 13, 2019
Exhibit A
Zoning Board of AdjustmentPage 6 of 32Meeting Date: Thursday, June 13, 2019
Exhibit B
Zoning Board of AdjustmentPage 7 of 32Meeting Date: Thursday, June 13, 2019
Exhibit C
Zoning Board of AdjustmentPage 8 of 32Meeting Date: Thursday, June 13, 2019
Exhibit D
Zoning Board of AdjustmentPage 9 of 32Meeting Date: Thursday, June 13, 2019
Exhibit D
Zoning Board of AdjustmentPage 10 of 32Meeting Date: Thursday, June 13, 2019
Exhibit D
Zoning Board of AdjustmentPage 11 of 32Meeting Date: Thursday, June 13, 2019
Exhibit E
Zoning Board of AdjustmentPage 12 of 32Meeting Date: Thursday, June 13, 2019
Exhibit F
Zoning Board of AdjustmentPage 13 of 32Meeting Date: Thursday, June 13, 2019
Exhibit G
Zoning Board of AdjustmentPage 14 of 32Meeting Date: Thursday, June 13, 2019
Exhibit G
Zoning Board of AdjustmentPage 15 of 32Meeting Date: Thursday, June 13, 2019
Exhibit G
Zoning Board of AdjustmentPage 16 of 32Meeting Date: Thursday, June 13, 2019
Exhibit G
Zoning Board of AdjustmentPage 17 of 32Meeting Date: Thursday, June 13, 2019
Exhibit H
Zoning Board of AdjustmentPage 18 of 32Meeting Date: Thursday, June 13, 2019
Exhibit H
Zoning Board of AdjustmentPage 19 of 32Meeting Date: Thursday, June 13, 2019
Exhibit H
Zoning Board of AdjustmentPage 20 of 32Meeting Date: Thursday, June 13, 2019
Exhibit H
Zoning Board of AdjustmentPage 21 of 32Meeting Date: Thursday, June 13, 2019
Exhibit H
Zoning Board of AdjustmentPage 22 of 32Meeting Date: Thursday, June 13, 2019
Exhibit H
Zoning Board of AdjustmentPage 23 of 32Meeting Date: Thursday, June 13, 2019
Exhibit H
Zoning Board of AdjustmentPage 24 of 32Meeting Date: Thursday, June 13, 2019
Exhibit H
Zoning Board of AdjustmentPage 25 of 32Meeting Date: Thursday, June 13, 2019
Exhibit I
Zoning Board of AdjustmentPage 26 of 32Meeting Date: Thursday, June 13, 2019
Exhibit I
Zoning Board of AdjustmentPage 27 of 32Meeting Date: Thursday, June 13, 2019
1 Trophy Wood Drive
Town of Trophy Club
Trophy Club, Texas 76262
Legislation Details (With Text)
File #: Version:Name:
2019-261-T1
Type:Status:
Agenda ItemRegular Session
File created:In control:
6/6/2019Zoning Board of Adjustment (ZBA)
On agenda:Final action:
6/13/2019
Title:
Consider and take appropriate action regarding the December 13, 2018 Zoning Board of Adjustment
minutes.
Attachments:
ZBA Minutes 12.13.2018 FINAL.pdf
DateVer.Action ByActionResult
Consider and take appropriate action regarding the December 13, 2018 Zoning Board of Adjustment minutes.
Zoning Board of AdjustmentPage 28 of 32Meeting Date: Thursday, June 13, 2019
1 Trophy Wood Drive
Trophy Club, Texas 76262
Town of Trophy Club
Zoning Board of Adjustment (ZBA)
Meeting Minutes
______________________________________________________________________
Thursday,December 13, 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, December 13,
2018, at 6:00 p.m. and announced a quorum (5 members).
Board Members Present:
Chairman Louis Opipare, Jr.
Vice Chairman Joe Hennig
Secretary John Murtaugh
Board Member Jeff Sims
Alternate Board Member Terry Kesterson
Board Members Absent:
Board Member Sean Cannon (Excused)
Alternate Board Member Jack Ormond (Excused)
Alternate Board Member Mark Hamil (Excused)
Alternate Board Member Peter Blanchard (Excused)
Staff and Guests Present:
Tommy Uzee Director of Community Development
Lisa Payne Town Planner
Diane Mackres 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 Opipare asked if there were any public requests to speak. No public requests were submitted.
REGULAR SESSION
2018-568-T Nomination and Election of Vice-Chairman.
Secretary Murtaugh nominated Vice Chairman Joe Hennig to continue as Vice
Chairman.
Seconded by Board Member Sims.
December 13, 2018 ZBA Minutes Page 1 of 3
Zoning Board of AdjustmentPage 29 of 32Meeting Date: Thursday, June 13, 2019
Vice Chairman Joe Hennig stated he is willing to accept the nomination.
Chairman Opipare asked for a vote. Motion passed unanimously.
2018-565-TCase 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.
PUBLIC HEARING OPENED AT 6:03 p.m.
Chairman Opipare asked if the applicant was present.
The applicant, Edward Martinez spoke regarding the backyard extension to his home. The
contractor, Rich Middaugh, further discussed the extension.
Staff was available for questions.
PUBLIC HEARING CLOSED AT 6:25 p.m.
Chairman Opipare called for a motion. Secretary Murtaugh moved to approve based upon
the unique qualities of the property.
Seconded by Alternate Board Member Kesterson.
Chairman Opipare asked for a vote. The motion passed unanimously.
2018-564-T Review and approve the minutes of the August 9, 2018 Zoning Board of Adjustment
meeting.
Chairman Opipare asked if there were any additions or corrections to the minutes. There
were none.
Chairman Opipare asked for a motion. Vice Chairman Hennig moved to approve the
August 9, 2018 minutes. Motion seconded by Board Member Sims.
Chairman Opipare asked for a vote. The motion passed unanimously.
2018-569-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.
December 13, 2018 ZBA Minutes Page 2 of 3
Zoning Board of AdjustmentPage 30 of 32Meeting Date: Thursday, June 13, 2019
Motion made by Board Member Sims to adjourn, seconded by Secretary Murtaugh.
Motion passed unanimously. Meeting adjourned at 6:34 p.m.
___________________________________ ___________________________________
Louis Opipare, Jr., Chairman John Murtaugh, Secretary
Zoning Board of Adjustment Zoning Board of Adjustment
Town of Trophy Club, Texas Town of Trophy Club, Texas
____________________________________
Diane Mackres, Recording Secretary
Town of Trophy Club, Texas
December 13, 2018 ZBA Minutes Page 3 of 3
Zoning Board of AdjustmentPage 31 of 32Meeting Date: Thursday, June 13, 2019
1 Trophy Wood Drive
Town of Trophy Club
Trophy Club, Texas 76262
Legislation Details (With Text)
File #: Version:Name:
2019-262-T1
Type:Status:
Agenda ItemRegular Session
File created:In control:
6/6/2019Zoning Board of Adjustment (ZBA)
On agenda:Final action:
6/13/2019
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 32 of 32Meeting Date: Thursday, June 13, 2019