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ZBA Minutes 05/13/21 Town of Trophy Club 1 Trophy Wood Drive Trophy Club,Texas 76262 TOWN OF Meeting Minutes TROPHY CLUB Zoning Board of Adjustment May 13, 2021 6:00 PM Council Chambers CALL TO ORDER AND ANNOUNCE A QUORUM Chairperson Sanders called the May 13, 2021 Zoning Board of Adjustment meeting to order at 6:04 PM and announced a quorum. Board Members Present: Chairperson Nick Sanders Board Member Doug Harper Alternate Board Member Terry Kesterson Alternate Board Member Jack Ormond Board Members Absent: Vice Chairperson Jeff Sims Secretary John Murtaugh Board Member Sean Cannon Alternate Board Member Peter Blanchard Staff Present: Lisa Payne Town Planner Matt Cox Director of Community Development/Building Official David Dodd Town Attorney 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. Chairperson Sanders asked if there were any public requests to speak. No public requests to speak were submitted. REGULAR SESSION 1. Case ZBA-21-002(113 S.Greenhill Trail) Take appropriate action regarding a request for a special exception to allow a fence to encroach on the front setback at 113 S.Greenhill Trail. Town Planner Lisa Payne presented the staff report and was available for questions. The applicant, Michael Machado, provided an explanation and was available for questions. There were no public comments. Topics of discussion included the appearance of the proposed gate, that the encroaching fence was recently constructed without a permit, the distance the fence was installed in front of the house, and that the applicant would be using the fenced-in area for hobbies and storage. Board Member Kesterson moved to approve the requested special exception as submitted, with a second by Chairperson Sanders. Chairperson Sanders called for a vote.The motion failed with a vote of 3-1 (Board Member Harper cast the dissenting vote). Four concurring votes are required for ZBA to grant approval. Discussion continued and Chairperson Sanders asked Town Attorney David Dodd what the options were for the ZBA and for the applicant. Town Attorney David Dodd advised that the ZBA could vote again to approve with conditions,could vote to table, or could vote to deny the request. He also advised that the applicant has the option to appeal to the District Court if the ZBA denies his request. Chairperson Sanders motioned to table the request, with a second by Board Member Kesterson. Chairperson Sanders called for a vote. The motion to table passed unanimously 4-0. 2. Case ZBA-21-004(312 Oakmont Drive) Take appropriate action regarding a request for a special exception to allow a fence to encroach on the side setback at 312 Oakmont Drive. Town Planner Lisa Payne presented the staff report and was available for questions. There were no public comments. Board Member Harper moved to approve the request as submitted, with a second by Board Member Kesterson. Chairperson Sanders called for a vote. The motion passed unanimously 4-0. 3. Case ZBA-21-003(50 Village Trail) a. Conduct a Public Hearing regarding a request for a variance to allow a nonresidential building to be reconstructed within the rear setback at 50 Village Trail. b. Take appropriate action regarding a request for a variance to allow a nonresidential building to be reconstructed within the rear setback at 50 Village Trail. Chairperson Sanders opened the public hearing at 6:45 PM. Town Planner Lisa Payne presented the staff report and was available for questions. The applicants, Christine Kunkle and Sarah Somji, provided an explanation and were available for questions. Dalen Wintermute, 7 Lakeview Drive, who lives directly behind the subject location, spoke in opposition of the request explaining that the building and playground being that close to his property creates a lot of noise. Chairperson Sanders closed the public hearing at 7:05 PM. Discussion provided details that the building in question,which operated as a daycare, had to be demolished due to a collapsed roof and the applicant would like to rebuild in the same location so that they won't have to redesign the property. In 1995, ZBA granted a variance allowing the building to be built 3 feet from the rear property line since the adjacent land was vacant. Due to the demolition, the building lost its legal nonconforming status which requires a new variance to be granted for the applicant to rebuild as proposed. Since then, single family homes have surrounded the property and the NS zoning district regulations have been amended to increase the setback next to residential uses to 40 feet. The applicant indicated that the subject building, in addition to the existing building, is needed on the property to allow space for enough children to be enrolled to meet the costs of running a daycare. Board Member Ormond moved to deny the requested variance, with a second by Board Member Harper. Chairperson Sanders called for a vote.The motion to deny passed unanimously 4-0. 4. Receive Town Planner updates on previous cases heard by the Board and active development in Town. Town Planner Lisa Payne provided a staff update and was available for questions. Page 2 of 3 ADJOURN Chairperson Sanders adjourned the meeting at 7:33 PM. �J Chairperson Nick Sanders Lisa Payne, To lanner Zoning Board of Adjustment Town of Trophy b, TX Town of Tro y Club, TX cret John Murtaugh Zoning Board of Adjustment Town of Trophy Club, TX Page 3 of 3