Agenda Packet ZBA - 01/14/2021Zoning Board of Adjustment (ZBA)
Town of Trophy Club
Meeting Agenda
1 Trophy Wood Drive
Trophy Club, Texas 76262
ZOOM Videoconference6:00 PMThursday, January 14, 2021
CALL TO ORDER AND ANNOUNCE A QUORUM
A quorum of Zoning Board of Adjustment will be present through ZOOM
Videoconference on Thursday, January 14, 2021 at 6:00 p.m.
To speak on an item, you may email lopipare@trophyclub.org AND
lpayne@trophyclub.org and include your topic(s) on the subject line, which will be
read by the Presiding Officer.
To join the meeting via ZOOM:
Type in this link to join the webinar: https://us02web.zoom.us/j/84195773548
OR
Dial in by phone. The public toll-free dial-in number to participate in the telephonic
meeting is: 888-788-0099 US Toll-free.
When your call is answered you will hear "Welcome to ZOOM, enter in the following
Meeting ID below followed by the pound sign (#)".
Meeting ID: 841 9577 3548
If you wish to speak on a current item being discussed, please press *9 [STAR 9] to
"raise your hand".
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.
Zoning Board of Adjustment Page 1 of 21 Meeting Date: Thursday, January 14, 2021
January 14, 2021Zoning Board of Adjustment (ZBA)Meeting Agenda
REGULAR SESSION
2020-397-T Case ZBA-20-007 (2 E. Hillside Place)
Consider and take appropriate action regarding a request for a special exception to allow
a fence to encroach on the side setback, generally located on the southwest corner of E
Hillside Place and Indian Creek Drive.
ZBA Report 1.14.21.pdf
Exhibit A - Application and Explanation.pdf
Exhibit B - Aerial.pdf
Exhibit C - Plot Plan.pdf
Exhibit D - Proposed Street View.pdf
Exhibit E - Example Properties.pdf
Attachments:
2020-398-T Consider and take appropriate action regarding the September 10, 2020 Zoning Board of
Adjustment minutes.
DRAFT - Zoning Board of Adjustment Minutes - September 10, 2020.pdfAttachments:
2020-399-T Receive Town Planner updates on previous cases heard by the Board and active
development in Town.
ADJOURN
*THE BOARD MAY CONVENE INTO EXECUTIVE SESSION TO DISCUSS POSTED
ITEMS AS ALLOWED BY THE TEXAS OPEN MEETINGS ACT, TEXAS LOCAL
GOVERNMENT CODE 551.071.
Notice is hereby given that a quorum of the Town Council may be in attendance at
this meeting.
CERTIFICATION
I certify that the above notice was posted on the bulletin board at Trophy Club Town
Hall, 1 Trophy Wood Drive, Trophy Club, Texas, on Monday, January 11, 2021 by 5:00
P.M. in accordance with Chapter 551, Texas Government Code.
________________________________
Julie Smestad
Administrative Specialist
If you plan to attend this public meeting and have a disability that requires special
needs, please contact the Town Secretary’s Office at 682-237-2900, 48 hours in
advance and reasonable accommodations will be made to assist you.
Zoning Board of Adjustment Page 2 of 21 Meeting Date: Thursday, January 14, 2021
1 Trophy Wood Drive
Trophy Club, Texas 76262Town of Trophy Club
Legislation Details (With Text)
File #: Version:12020-397-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:1/5/2021 Zoning Board of Adjustment (ZBA)
On agenda:Final action:1/14/2021
Title:Case ZBA-20-007 (2 E. Hillside Place)
Consider and take appropriate action regarding a request for a special exception to allow a fence to
encroach on the side setback, generally located on the southwest corner of E Hillside Place and
Indian Creek Drive.
Attachments:ZBA Report 1.14.21.pdf
Exhibit A - Application and Explanation.pdf
Exhibit B - Aerial.pdf
Exhibit C - Plot Plan.pdf
Exhibit D - Proposed Street View.pdf
Exhibit E - Example Properties.pdf
Action ByDate Action ResultVer.
Case ZBA-20-007 (2 E. Hillside Place)
Consider and take appropriate action regarding a request for a special exception to allow a fence to encroach on the side
setback, generally located on the southwest corner of E Hillside Place and Indian Creek Drive.
Zoning Board of Adjustment Page 3 of 21 Meeting Date: Thursday, January 14, 2021
Page 1 of 2
To: Zoning Board of Adjustment
From: Lisa Payne, Town Planner
CC: Steve Norwood, Town Manager
Leticia Vacek, Town Secretary
Re: Case ZBA-20-007
Zoning Board of Adjustment Meeting, January 14, 2021
Agenda Item:
Case ZBA-20-007 (2 E Hillside Place)
Consider and take appropriate action regarding a request for a special exception to allow a fence
to encroach on the side setback, generally located on the southwest corner of E Hillside Place
and Indian Creek Drive.
Background and Explanation:
The owner of the subject property is requesting approval of a special exception so that they may
construct a fence between their house and the street. Section 14.02.351(c)(2) of the Town’s Code
of Ordinances states: “Side yard adjacent to side street. Side yard fences shall be located within
the side yard building setback, and shall not extend beyond the building line of the side yard
adjacent to a side street.” An exception is being sought in order to make the side yard useable
and create enough space for a patio cover.
Currently, the applicant does not have a fence on the street side of the house, but would like to
add one so that they may build a patio cover and enjoy more of their yard. The Code of
Ordinances allows for fences adjacent to a side street, but they must not encroach into the side
yard setback, which is 15’ on this property. Due to a new patio cover that would extend out to
the side setback line, the applicant is proposing to construct a fence that encroaches
approximately 5’ into the side setback so that it sits approximately 15’ from the street (Exhibit
C). This specific dimension was chosen in order to line up with the applicant’s rear neighbor’s
fence that is 15’ from the street. Exhibit E includes examples of other fences that are 15’ or closer
to the street. Exhibit D shows how the fence would look from the street with 8’ (preferred) and
6’ height options, which are both acceptable by Code.
Zoning Board of Adjustment Page 4 of 21 Meeting Date: Thursday, January 14, 2021
Page 2 of 2
Zoning Board of Adjustment 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
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 with Explanation
• Exhibit B – Aerial
• Exhibit C – Plot Plan
• Exhibit D – Proposed Street View
• Exhibit E – Example Properties
Zoning Board of Adjustment Page 5 of 21 Meeting Date: Thursday, January 14, 2021
Zoning Board of Adjustment Page 6 of 21 Meeting Date: Thursday, January 14, 2021
Exhibit A
Zoning Board of Adjustment Page 7 of 21 Meeting Date: Thursday, January 14, 2021
Exhibit B
N
Zoning Board of Adjustment Page 8 of 21 Meeting Date: Thursday, January 14, 2021
Exhibit CZoning Board of Adjustment Page 9 of 21 Meeting Date: Thursday, January 14, 2021
Exhibit DZoning Board of Adjustment Page 10 of 21 Meeting Date: Thursday, January 14, 2021
Exhibit DZoning Board of Adjustment Page 11 of 21 Meeting Date: Thursday, January 14, 2021
Exhibit E
Zoning Board of Adjustment Page 12 of 21 Meeting Date: Thursday, January 14, 2021
Exhibit E
Zoning Board of Adjustment Page 13 of 21 Meeting Date: Thursday, January 14, 2021
Exhibit E
Zoning Board of Adjustment Page 14 of 21 Meeting Date: Thursday, January 14, 2021
Exhibit E
Zoning Board of Adjustment Page 15 of 21 Meeting Date: Thursday, January 14, 2021
Exhibit E
Zoning Board of Adjustment Page 16 of 21 Meeting Date: Thursday, January 14, 2021
1 Trophy Wood Drive
Trophy Club, Texas 76262Town of Trophy Club
Legislation Details (With Text)
File #: Version:12020-398-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:1/5/2021 Zoning Board of Adjustment (ZBA)
On agenda:Final action:1/14/2021
Title:Consider and take appropriate action regarding the September 10, 2020 Zoning Board of Adjustment
minutes.
Attachments:DRAFT - Zoning Board of Adjustment Minutes - September 10, 2020.pdf
Action ByDate Action ResultVer.
Consider and take appropriate action regarding the September 10, 2020 Zoning Board of Adjustment minutes.
Zoning Board of Adjustment Page 17 of 21 Meeting Date: Thursday, January 14, 2021
Zoning Board of Adjustment Thursday, September 10, 2020 Page 1 of 3
TOWN OF TROPHY CLUB
ZONING BOARD OF ADJUSTMENT MINUTES
THURSDAY, SEPTEMBER 10, 2020; 6:00 PM
The Trophy Club Zoning Board of Adjustment met in a Regular Session on Thursday, September 10, 2020 at 6:00 PM.
The meeting was held via ZOOM Videoconference.
BOARD MEMBERS PRESENT:
Jeff Sims Vice Chairman
John Murtaugh Secretary
Doug Harper Board Member
Terry Kesterson Alternate Board Member
BOARD MEMBERS ABSENT:
Louis Opipare, Jr. Chairman
Sean Cannon Board Member
STAFF PRESENT:
Tommy Uzee Director of Community Development
Lisa Payne Town Planner
CALL TO ORDER AND ANNOUNCE A QUORUM
Secretary Murtaugh called the meeting to order at 6:00 PM and announced a quorum.
PUBLIC COMMENTS
Secretary Murtaugh confirmed there were no speakers registered for Public Comment.
REGULAR SESSION
2020-281-T Case ZBA-20-005 (340 Inverness Drive)
a. Conduct a Public Hearing regarding a request for a special exception to allow a fence to encroach on
the front setback, generally located south of Inverness Drive and approximately 210 feet east of Trophy
Wood Drive.
b. Consider and take appropriate action regarding a request for a special exception to allow a fence to encroach
on the front setback, generally located south of Inverness Drive and approximately 210 feet east of
Trophy Wood Drive.
Secretary Murtaugh opened the public hearing at 6:01 PM. Town Planner Lisa Payne provided the staff report and
was available for questions.
The applicant, Jennifer Taylor Olson, spoke about the project and requested approval of the exception. She was
available for questions.
Khalid Jabr, 346 Inverness Drive, Trophy Club spoke in favor of the exception.
Mary Armistead, 335 Inverness Drive, Trophy Club spoke in favor of the exception.
Secretary Murtaugh closed the public hearing at 6:09 PM.
Zoning Board of Adjustment Page 18 of 21 Meeting Date: Thursday, January 14, 2021
Zoning Board of Adjustment Thursday, September 10, 2020 Page 2 of 3
Secretary Murtaugh requested a motion. Vice Chairman Sims moved to approve the exception, seconded by
Alternate Board Member Kesterson.
Secretary Murtaugh called for a vote. The motion passed unanimously (4-0).
2020-280-T Case ZBA-20-006 (7 Michelle Court)
a. Conduct a Public Hearing regarding a request for a special exception to allow a fence to encroach on
the side setback, generally located on the east corner of Michelle Court and Jennifer Court.
b. Consider and take appropriate action regarding a request for a special exception to allow a fence to encroach
on the side setback, generally located on the east corner of Michelle Court and Jennifer Court.
Secretary Murtaugh opened the public hearing at 6:10 PM. Town Planner Lisa Payne provided the staff report and
was available for questions.
The applicant, Burke Strickland spoke about the project and requested approval of the exception. He was available
for questions.
(Byron) Mark Escue, 9 Jennifer Court, Trophy Club spoke in favor of the exception.
Secretary Murtaugh closed the public hearing at 6:16 PM.
Secretary Murtaugh requested a motion. Alternate Board Member Kesterson moved to approve the exception,
seconded by Vice Chairman Sims.
Secretary Murtaugh called for a vote. The motion passed 3-1. Voting Yes – Sims, Murtaugh, Kesterson. Voting No
– Harper.
2020-282-T Consider and take appropriate action regarding the August 13, 2020 Zoning Board of
Adjustment minutes.
Secretary Murtaugh asked if there were any additions or corrections to the minutes. There were none.
Secretary Murtaugh asked for a motion.
Alternate Board Member Kesterson moved to approve the August 13, 2020 minutes as written, with a second by
Board Member Harper.
Secretary Murtaugh called for a vote. The motion passed unanimously (4-0).
2020-283-T Receive Town Planner updates on previous cases heard by the Board and active development in
Town.
Staff updates were given by Lisa Payne, Town Planner.
Zoning Board of Adjustment Page 19 of 21 Meeting Date: Thursday, January 14, 2021
Zoning Board of Adjustment Thursday, September 10, 2020 Page 3 of 3
ADJOURN
Secretary Murtaugh asked for a motion to adjourn.
Motion made by Board Member Harper, seconded by Alternate Board Member Kesterson.
Motion passed unanimously. Meeting adjourned at 6:47 PM.
_ _
John Murtaugh, Secretary Julie Smestad, Recording Secretary
Zoning Board of Adjustment Town of Trophy Club, TX
Town of Trophy Club, TX
Zoning Board of Adjustment Page 20 of 21 Meeting Date: Thursday, January 14, 2021
1 Trophy Wood Drive
Trophy Club, Texas 76262Town of Trophy Club
Legislation Details (With Text)
File #: Version:12020-399-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:1/5/2021 Zoning Board of Adjustment (ZBA)
On agenda:Final action:1/14/2021
Title:Receive Town Planner updates on previous cases heard by the Board and active development in
Town.
Attachments:
Action ByDate Action ResultVer.
Receive Town Planner updates on previous cases heard by the Board and active development in Town.
Zoning Board of Adjustment Page 21 of 21 Meeting Date: Thursday, January 14, 2021