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06-02-2022 ZBA Agenda PacketT(CL*:: TOWN OF TROPHY CLUB June 02, 2022 Town of Trophy Club Meeting Agenda Packet Zoning Board of Adjustment 6:00 PM CALL TO ORDER AND ANNOUNCE A QUORUM PUBLIC COMMENTS 1 Trophy Wood Drive Trophy Club, Texas 76262 Council Chambers This is an opportunity for citizens to address the Board on any matter. The Board is not permitted to discuss or take action on any presentations made to the Board. Presentations are limited to matters over which the Board has authority. Speakers have up to four (4) minutes or the time limit determined by the presiding officer. Each speaker must complete the Speaker's Form that includes the topic(s) to be presented. You may also email mcox@trophyclub.org REGULAR SESSION 1. Case ZBA-22-001 (406 Ramsey Trail) a. Conduct a Public Hearing regarding a request for a variance to allow a fence to be constructed within the side yard setback at 406 Ramsey Trail. (M. Cox) b. Take appropriate action regarding a request for a variance to allow a fence to be constructed within the side yard setback at 406 Ramsey Trail. (M. Cox) 2. Case ZBA-22-002 (The Cypress Estates at Trophy Club, also known as Well Site 4H) a. Conduct a Public Hearing regarding a request for a variance to allow garages to face the street within The Cypress Estates at Trophy Club, being ±3.581 acres out of the W. Allen Survey, Abstract Number 5, Town of Trophy Club, Denton County Texas, also known as Well Site 4H. (M. Cox) b. Take appropriate action regarding a request for a variance to allow garages to face the street within The Cypress Estates at Trophy Club, being ±3.581 acres out of the W. Allen Survey, Abstract Number 5, Town of Trophy Club, Denton County Texas, also known as Well Site 4H. (M. Cox) 3. Receive updates on previous cases heard by the Board and active development in Town. (M. Cox) 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 May 27, 2022 by 5:00 P.M. in accordance with Chapter 551, Texas Government Code. Matt Cox, Director of Community Development 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. TTOWN OF c::*:!TR0PHY CLUB I Trophy Wood Drive, Trophy Club, TX 76262 1 682.237.2900 1 info@trophyclub.org I trophyclub.org To: Zoning Board of Adjustment From: Matt Cox, Director of Community Development CC: Wade Carroll, Town Manager Anita Otterson, Acting Town Secretary Re: Case ZBA-22-001 Zoning Board of Adjustment Meeting, June 2, 2022 Agenda Item: Case ZBA-22-001 (406 Ramsey Trail) a. Conduct a Public Hearing regarding a request for a variance to allow a fence to be constructed within the side yard setback at 406 Ramsey Trail. b. Take appropriate action regarding a request for a variance to allow a fence to be constructed within the side yard setback at 406 Ramsey Trail. The Board of Adjustment was originally scheduled to hear this case on May 12, 2022. The meeting was not held due to lack of a quorum. Background and Explanation: The owner of the subject property is requesting approval of a variance through a special exception so that he may construct a fence within the side yard setback. Reference Exhibit A. Section 14.02.351, Fencing, retaining walls and screening of the Town's Zoning Ordinance provides the following for fences adjacent to side streets: "(2) 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." The applicant has noted several other homes within the surrounding area that have installed fences withing the building setbacks. Staff has researched various properties and found one to have received BOA approval, two (2) others were permitted at the time of initial building, and no documentation on the last property. While it is Staff's desire to consistently apply the zoning regulations it is apparent that fences have not been closely regulated. Page 1 of 4 The applicant has requested the fence be placed three to four feet from the sidewalk. Staff determined that there are utilities within the 10-foot Utility Easement and has informed the applicant that Staff will recommend the fence be placed outside the 10-foot Utility Easement. It is Staff's understanding the applicant understands the revision to the fence location. Additionally, Staff requests a 10-foot visibility clip at the fence corner to provide for visibility at the neighboring driveway. Reference Exhibit A. Existing Conditions: J., 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 Page 2 of 4 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." Public Hearing Notices: Notice of the Public Hearing was published in the Fort Worth Star Telegram and notices mailed to property owners withing 200 feet of the request. At the time of staff report and agenda packet preparation no responses in favor or in opposition have been received. Section 14.02.405, Zoning board of adjustment, (f) meetings states that all matters before the board of adjustment on matters of appeal, variance, special exception, or other matter as specified by ordinance, shall be held as a public hearing in accordance with the provisions of section 14.02.406, Public Hearings. Contradicting requirements for a public hearing will be processed with the most restrictive regulations. 7RA Artinn- Should the BOA approve the variance/special exception request the approval shall: 1. Include Exhibit A; and 2. Require the 10-foot Utility Easement to be located with survey flags by a Registered Public Land Surveyor (RPLS) prior to construction to ensure the fence is not erected within the easement. Page 3 of 4 A concurring vote of four (4) members of the Board of Adjustment is necessary for approval of the variance/special exception request. Attachments: • Exhibit A — Lot Survey with requested and recommended fence locations • Exhibit B—Application and Hardship Information • Exhibit C- 200-foot Notification Boundary Page 4 of 4 DI 'AT"OUf%UID.1f% Lot 32 , In Block A, of Canterbury Hills Phase 18, an additlon to the Town of Trophy Club, Denton County, Texas, according to the Map or Plot thereof recorded In/under Clerk's File No. 2013-87. Plat Records, Denton County, Texas. 406 RAMSEY TRAIL LOT 406 RAMSEY TRAIL 50" R.O.W. _ Blue Line: represents current fence location -----i Green Line: Extended fence location,16 feet from where the current fence ends toward Dover Lane. Represents the point where the fence cuts back in from adjacent driveway. Extend fence by 60 feet along the side of the house from the current location, toward Ramsey Trail. TOWN OF Application to Appear Before the TROPHY CLUB Zoning Board of Adjustment * t 100 Municipal Drive *Trophy Club, Texas 76262 Zoning Board of Adjustment (ZBA) Request Type —Check the appropriate box below ❑ Variance to Zoning Requirement )� Fence Special Exception ❑ Administrative Appeal ❑ Building Board of Appeals / Building and Standards Commission Appeal ❑ Other Appeal DETAILS OF REQUEST (See Page Two for additional required information) Description of Request: �e {' f (.� �L 04, i' o efa4 Property Address: I��^J77 Sc'. l F/ I �/h✓ /,. l/, Current Zoning: lecSid e fib Legal Description: Oejhf e,, w, Pills P( ' jC 1 13 8LK, A LOT 3Z APPLICANT / OWNER INFORMATION Applicant Owner (if Different) Name: Name: Address: �i 0 ar .f e� I� as-� / Address: State/ZIP: 1, 0A� 1rlC 1 w111 , T x J 6 2 L� State/ZIP: Phone �2_ - -1 -I, S' cs-4-A y —Phone: Email: r t1i IO e wt F1 C I"1 Email: 4_ Signature ZG zzeSignature: NOTE. The property owner must sign the application or submit a notarized letter of authorization. APPLICATION REQUIREMENTS if STAFF USE ONLY • All required information, plans and signatures, including the second pave of this application shall be completed prior to application submittal. INCOMPLETE APPLICATIONS WILL NOT BE ACCEPTED. • Per the requirements of page two, a detailed description of the request including all relevant project details shall be attached on a separate sheet to this application. • All required application fees shall be paid upon submittal of this application. • Other plans and exhibits may be required to be submitted with this application per the re- quirements of the Town Code of Ordinances. It is recommended that a preliminary confer- ence with a member of Town staff be conducted prior to the submittal of this application. • Requests before the Board are considered individually based on whether the request consti- tutes a hardship as described in the Town Code of Ordinances and are subject to denial. Completion of this application shall not imply any guarantee of approval of the request or permission to continue any work related to the request. Date Received: IReceived by: Fee Paid: '$ZOO.o r) Payment Type/Check #: Receipt #: Z6EE-000/12 - 2022 Case #: I D` ED TOWN OF Application to Appear Before the * TROPHY CLUB Zoning Board of Adjustment 100 Municipal Drive -Trophy Club, Texas 76262 Page 2 of 2 In order to make a finding of hardship and to grant a variance, special exception or appeal, the Zoning Board of Adjust- ment must determine that all of the following conditions are met. State how your request meets these conditions. Please note that the stated hardship shall not be financial or self-induced. Attach additional sheets if necessary. 1. Completely describe the variance, special exception or appeal you are requesting. II�UI arc i"C Ltc3 �h -o �c d A��cc_ b - C_ T +), o V C -K I �h �'- /W- 1OL,�,�Cn.. - CJ IZr Lei A � C e N E - ALL � U �v [- ✓ c C•� `� � P 7'GU ,l U I / f� a vv, few Ti I \ I o Vj _ �, ,1 14 � f h n L ( vj'L will +L-c.��-���FIt-e- (CPC"'O GNp,�n, � Z j2C j'�G( f it' o•� Z Do similar conditions exist in the area? Explain. // l 1J e kc1-v� .S ��C ! c� n U Yv 11, �' a� U T 7Z C07 1 � d p i C'5rcch. 3. Describe how the unique conditions or circumstances do not result from your actions. 4. Is there anyway to do what you want without this request? C 64' ATTACH A DETAILED DIAGRAM OF THE SITE, TO SCALE, AND ANY OTHER DRAWINGS OR INFORMATION NECESSARY TO HELP EXPLAIN THE CASE TO THE BOARD. SHOW ON THE DIAGRAM ALL EASEMENTS, BUILDING LINES, EN- CROACHMENTS AND THE VARIANCE, SPECIAL EXCEPTION OR APPEAL REQUESTED. THE SPECIFIC REQUEST SHOULD BE QUANTIFIED BY AN APPROPRIATE MEASUREMENT (DISTANCE, PERCENTAGE, ETC.). 0 100, 200' N 1'-200' 1 • � v kI R' 1A � 3 406 RAMSEY TRAIL ROANOKE, TEXAS 76262 H-Irt§t. PLANNING + DESIGNS TOWN OF TROPHY CLUB I Trophy Wood Drive, Trophy Club, TX 76262 1 682.237.2900 1 infootrophyclub.org I trophyclub.org To: Zoning Board of Adjustment From: Matt Cox, Director of Community Development CC: Wade Carroll, Town Manager Anita Otterson, Acting Town Secretary Re: Case ZBA-22-002 Zoning Board of Adjustment Meeting, June 2, 2022 Agenda Item: Case ZBA-22-002 (The Cypress Estates at Trophy Club, also known as Well Site 4H) a. Conduct a Public Hearing regarding a request for a variance to allow garages to face the street within The Cypress Estates at Trophy Club, being ±3.581 acres out of the W. Allen Survey, Abstract Number 5, Town of Trophy Club, Denton County Texas, also known as Well Site 4H. b. Take appropriate action regarding a request for a variance to allow garages to face the street within The Cypress Estates at Trophy Club, being ±3.581 acres out of the W. Allen Survey, Abstract Number 5, Town of Trophy Club, Denton County Texas, also known as Well Site 4H. Background and Explanation: The homebuilder, Drees Custom Homes, L.P., on behalf of the landowner C Oil Investments, Ltd. of the subject property is requesting approval of a variance to allow for garages to face the street within The Cypress Estates at Trophy Club Preliminary Plat, also known as Well Site 4H. Reference Exhibit A. Sec. 14.02.152, R-12 Single -Family District regulations of the Town's Zoning Ordinance states: (i) Garages. Attached garages shall not face any public dedicated right-of-way or golf course. Detached garages shall comply with section 14.02.253, Accessory Structures and Uses. It is the applicant's desire to construct homes with garages facing the street similar to the products surrounding the subject property. The hardship stated is the zoning requirement for home and driveway access for the R-12 District does not match up with the surrounding homes. Page 1 of 4 Surrounding Zoning: r� 9fAYERLfY DR. 4p�R. �"zy TROPHY PARK OR. Q4 Yp } cxi4 4R i CHURCHILL J)O%NS y F Rm lko / t 4-H QA oe. CR id�'� r• fp It is Staff's understanding the applicant/landowner have informally discussed the garage orientation with the adjacent Abbey Moore residents and they do not object to the variance request. Existing Conditions on adjacent Properties: Nottingham Drive Homes Page 2 of 4 Exeter Drive Homes Sheffield Court Homes r Page 3 of 4 ZBA Action: A concurring vote of four (4) members of the Board of Adjustment is necessary for approval of the variance request. Public Hearing Notices: Notice of the Public Hearing was published in the Fort Worth Star Telegram and notices mailed to property owners withing 200 feet of the request. At the time of staff report and agenda packet preparation no responses in favor or in opposition have been received. Attachments: Exhibit A —The Cypress Estates at Trophy Club Preliminary Plat, aka Well Site 4H • Exhibit B—Application and Hardship Information • Exhibit C- 200-foot Notification Boundary Page 4 of 4 AL NTES \ I Lm 9 'ENBeer'ng oyskm for b His survey Ia ased On me Texas Skte I PNne Coominme SYmem-NAO 03, NOHn Cemml Zone I202, /9yti9 \�\em,6 O — — — — — —1 b.- omei ea'aakno a; o°sfla3". 2021 wIN as LOT ] II a 2. TM1e flootlplain bountlades are not sM1own M1ereon. TM1e suR apt Ibs wAn Zone X as delineaGd do Flootl Insurance ak I C Numbar 4012,CO2 p ror Oemon 52� TexwaM1Mepas antl Ineoryaratea Areas, Map LOT 2 Renaea Apt 15.201, oNs. \ v 0 \ m 0 JII Zone X-Areas tlekrminetlk—.Ilne 0.2%annual \ Oh ap� \\ � v 3 I chance flootlplain n elax N 3 TM1e Town ar MUD, as eppli— -11 Issue na permit until \ SOS• L �'y� \ "O Lmz me—PINop t m aeaioalaa improv.m.ma Ild aaa.phtt. of .. Iby to meets essa<imaa wilM1 IM1e subdivision, era \ \ \ / / j nA / � / � aPProvetl by me Town. bD L \LOT / n Ilr II- . TM1e Cypress Eslatas at T.pny Club H.OA anall be LOT zs / ommmNebeia Pne operadoa aaa tmnimeaaace of oeaen \� pe elnelutling b of IlmGA m �a'' / InT s Tpace, plat NNE sc ninB wall antl releases IM1e Town of Ibla ror mainlananca of common IRNI s e i1 b //� T.Pans tub Ponsib l,N -o�T is Ry - - - - partorm tnambum th..Town M1es tea aumority tO provide 4% _ f / �DDropriata maim.nanaa arts rapail and wllact app.prl- LOT 23 �i P.O.C. / tl 7 I a aaa \\s\ \� \ PROPOSED RICHT-OF MEN J-'Ir^I I LOT 5 g e portion of mis aaailian by metes arts (BY SEPARATE INSIRUMENi) / 5 vialeaon of Town orbinance end Stele law ana soaIbjad k (o0c 22 *) \ \ / / fines antl WHhhNdingmuaN—,db,,ldiagp—h. 6Lo K P P. B. O "BO.c.. i _ _ — - - n PRI aoaa not arcs or 11. Timm / / \ LOT zz \ / 6� \ LOT az _ L6T a anK on tma ProPemf. a aces raatrimiona, n \\ \ G o \ /\sue OI !y THE HIGHLANUS AT TROPHY CLUB T theI yearflootlplain kvatmns aremleast l 0 incnes above /� \\LOT21 \ // �O LOT 3t \ LOT 10 d) NEIG(NSTHN0O 2013P29)E2� 0. LattOise H.O.A open sDece lI \ 631 SO. FT. 0_P.R.O.C.T. 0.014 ACRES o - -- 9, i se of HispmistosubtlivideanunplaaedbatitO9 \\\ ? / 'IT lx eLdcxx B t�miN Iota ana Ito ens p pace lb( \ LOT 20 \ /O O \ /' V / / e\ \ ^ /O ��J\^•\ SAAN KC EASEUFM LOT Is \ S"" �4' \ \ ryy� sl yti� / �/a \\ \ \ j / p �° O / THE HIGHLANDS AT TROPHY CLUB '•! 0e �Y' \ 'd�' NEIGHBORHOOD 8 -PHASE 28 \ (INST. N0. 2013-229) hry / �y`\ /,'S• O.P.R.O.C.T. /`,/ j/ / \ LOT\ LOT- \ b1 I !, 1 1 LT9\c GOT 10 \\i / I BS �39999 SD. F.0.301 ACRES 21 �.� \\�� ao ` ,•'Ole �\ x• C,/ Lm 20 1359 LOT 25 LOT za 0 13,451\. AD q 4 ` m22 \ L 3 a 13, 6\/ \`\ 'THE HIGHLANDS AT TROPHY CLUB .310 ACR' .^ NEIGHBORHOOD 8 - PHASE 2A (INBT. N0. 2012-I93) `�tlW e�� V6o dE' 1\ / O.P.R. D.C.T. \\ ` LOT 21 - 40 \ / 5b/e` LOT \,565 S Fi �e�O�xn I \� 311 A RES / \\\ \ vGhJ�`��\\ \ o' LOT V\ \ LOT n \ r OT Is \ S ZONE :Y" 6c\oo.F � G �o 5 LOT 8 O•is\\ 12,000 S0. 0.275 ACRES qy J?j Cx'1'CYVJ \\ ry,dIR a I I Rso•8�./I laz LOT 6 FN % /. Q�3]0 ACRES /' lei I fi0.Y _ a�6 y y5� 1.1 S LNE LOT\5 \ I,]28 5 . S 1.4,30 ACES \ I 6% THE HIGHLANDS AT TROPHY CLUB NEIGHBORHOOD 6 PHASE 2A /w M� (INST. N0. 201 2-183) I` Pi O.P. R.D.0 T. I II bRNxA¢ LAs[NLaT I \ I I \ eLaor c I \ m z LOT I I 1 \ I LOT 3 Ito' unulr FAEENExT mOMw zo 5 ui loNm. No. zo Ru. j)/ LOT I n U VICINITY MAP (NOTTOSCALE) LEGEND NO. NUMBER PG PAGE P.O.B. POINT OF BEGINNING P.O.C. POINT OF COMMENCING O.P.R.D.C.i. DENTONLCOUNTYreTE%A6 S P.R.O.C.T. PLAT RECORDS DENTON COUNTY, TEXAS lNAT NPO. INSTRUMENT NUMBER PROPERTY LINE ---- EAEEMENT LINE LOT LINE SET BACK LINE PRELIMINARY PLAT THE CYPRESS ESTATES AT TROPHY CLUB 10TOTALLOTS 9 RESIDENTIAL LOTS LOTS 1.9, BLOCK A 1 OPEN SPACE LOT LOT 10, BLOCK BEING 3.581 ACRES OUT OF THE RICHARD W, ALLEN SURVEY, ABSTRACT NUMBER 5 TOWN OF TROPHY CLUB, DENTON COUNTY, TEXAS AUGUST 2D21 OWNER SURVEYOR BECK PROPERTIES TROPHY CLUB, LP BGE.Inc 13101 Preskn -, Suee 200 ffl 2585 Dallas Parkway, 6uAe 10,. Fusco, T%]5034 oallaa, Tx TSzaO TN. El-S,a-afio6 • —1O1 eiae<em TBPELS RegimraEan Na. tOt93953 COPYrigm 2021 C2-8 Wapen EITI .RPL.S, ProjeNNu.8860L0 WEPIJMH 6nee11 N2 Telepnone:62-SmS0.52•Email'. wprlmeau®bgelnocom OWNER'S CERTIFICATE BEING, a 3.581-acre (158,0DO square foot) trace of land sauated in the Ri -d W. Al.. Survey, Absence Number 5, In the Town Pf Trophy Club, Denon C—try, Texas; be ng all of a naiad 3.591 acre tract M lane d... beb in Special Wamnty Deed wah VP-l' Lien b BDMR Gevelopmenl, LLC as r.c.med In Document Number 200T-82S34 Of Ne Of —I Public RP -Denton C unty, Taxes; said 3.581-acre trem of lend being mare peNcukrly d--d by metes end bounds as follows: COMMENCING, M he 1--t turner of Lot 32 Block G of The Highlands at Trophy Club Neighb.'-d e - Ph— 28, en TmpM1y Club 1-119 to the Final Plat r.,.,dEd in Document Number 2013-229 M the Plat Recarda of Dentin CountyTTexassaitl p bint being the mo st weskrly no M Dcorner of Lot1X, elo.k H of saW Highlb.-M TmpM1y Club tlegrees 05 minutes 21 seconds East departing acid aomh rlglnoiway line. a distance of 101.73 NO to s ofsLo%8h rap ahm ped "BGE' set Nr the —1— tamer of saW BDMR Development tract, same being an el comer eld t 1 and.fsaid HigM1lantls at Trophy Club Neighb.r .od 8-Phase 2B, end the POINT OF BEGINNING. THENCE, South 42 degrees 33 minNes 44 seconds East .0 the east line of said BDMR Development treq being Ne mast --y west line of said L.t 1X, and being in a west bne of said Hghknds at Trophy Club Neighbomoad 8 - Phase 2B, a nonherly --Mt corner of LM 1, Block G Mmb HigM1lantls at TropM1y Club Neighb.Naatl 8-Ph-2 THENCE S. IN 47 degrees W minutia 15..P. a Weat with he w h, One of said BDMR Deveopmant tract same being the tarry —1, l1aHghlanas atrophy club Neghb.rn.oa a -phase 2A,a ct rap ahmped-BGE8set Nr Ne southeast wrner of sale BDMR Development tabeing an ell.tuna m seltlreH�AM1lantls M Trephy Club Neighb—d8-Phase2 entl being Ne mast nOMery nonhwestmmer of Lat 3, Block G of said HigM1hndsM THENCE , NOM 42 tlegrees 33 minmes 44 seconds West w the west line of saitl BOMB D—Ppmem tam being the east Ilne d Block G, same being an east line of seb NOW.- M Trophy Club Nei9M1bomood 8 - Phase 2A, passing of a disance of nonherly h-9 comer of saitl Highlands et Trophy Club Neighb—d 6- Phase 2q continuing whb the ei Block Gtai said H9M1lands It TmpM1y Club Neighborhood e - PM1ase 2B, same being an east line of aid Highlh- et Trophy Club NeiBhborhaoa e- PM1ase 2B, In.11 a rota) dktanca o1480.00 teat tc a 5I81- Iron rod w8M1 cap skimped °BGE° set Nr the nonhwest .tuner of said BDMR Dev<bpm<nt pact being an ell corner of saitl Highlands at Trophy Club N<ighbmhoed 8- se 2E, entl being a poem of Inteaemion in N<eas� line of Lm 24, Block G of —d Highlands at Trophy Club Neighbor d 8- Ph , 2B: THENCE, N— 4] tlegrees 26 minNes 18 seconds Ees( wdN Ne naM line of said BDMR Devebp.1 Fred, being a s.mh Ilne d Bbck G, same beNS a eouN line of said HlgN.- M TropM1y Club Neighborhood 8-PM1ase 2B, a dHhnce Of 325.00 het to the POINT OF BEGINNING and 1onh,1nh9 8581 acres NEEBW square bet) oflantl, mare Or less. OWNER'S DEDICATION That, BECK PROPERTIES TROPHY CLUB, LP, d— bereby adapt Nis plat designating the bereabove d—hbed real property e Cypress ESMea at Trophy Club, an.ddNi., to the Town bf-phy Club, Dent.. County. Texas, end da bereby I.—. ro he public's use forever the abash, and easemanh, shown hereon. WTNEES. my hand this the_ Day of .2021. STATE OF TEXAS § COUNTY OF§ BEFORE ME, Na untlersih- N., Public In day pere—y epp.M. know enihe O tl mO a whos bee ro the (Dreg inmrvm owled ome Nm M1Nshe executed the samefP he pOrps<and—id<ratlonA-Elln<xpessed andm Ne .epaclryatnemkn stated e. GIVEN UNDER MY HAND AND SEAL OF OFFICE, Nisthe_dayof 2021. SURVEYOR'S CERTIFICATE That I, WARREN EUWARD PRIMEAD da hereby emery 11M 1 prepared ibis H. ham an actual end accurate survey oftba land ­Mt-ofth. Town ofTPphyaClub. ih erein re properly placed under ny eupeNlslOn in accartlance wRM1 Ne subdivision D.1d this the _ Day Of 2NI. Preliminary, this document sh.11 nm be recmdbd far any purpose entl Od not be used or viewetl relied upon as s Mal survey tlocumeM, rm<aaedat<6n7 ng21 Warren Ed— Phn, IMBtered Professional Lend Surveyor No. 8846 STATE OF TEXAS § COUNTY OF COLLIN § BEFORE ME, Ne undersigned, a Nmary Public m NO for Th, Sieh of Taxes, on this Lay personally appeared Wen<n Ed— Pnmeau, known to me to be the person M.P. name Ic subschbed 0 Ne bN,Pmg inMmmefd, end acknowledged to rrre Ne[ he execmed the same br the purpose and wnmderatians therein expressed and in the capacity therem Mated, GIVEN UNDER MY HAND AND SEAL OF OFFICE, thls Ne_D.Y Of2021. PRELIMINARY PLAT THE CYPRESS ESTATES AT TROPHY CLUB 10TOTALLOTS 9 RESIDENTIAL LOTS LOTS 1.9, BLOCK A 1 OPEN SPACE LOT LOT 10, BLOCK BEING 3.581 ACRES OUT OF THE RICHARD W, ALLEN SURVEY, ABSTRACT NUMBER 5 TOWN OF TROPHY CLUB, DENTON COUNTY, TEXAS AUGUST 2D21 OWNER SURVEYOR BECK PROPERTIES TROPHY CLUB, LP BGE Inc 13101 Preston Road, SUhe 200 2585 Dalks Parkway, Sub. 101. Fasco, T%T5034 Dallis, TX 75240 TM. 972-484-4800 • www.bgeinc.co m TBPELS Regisi—h N., 10193953 COPyrlght 2021 C.mem. Wenen Pnmeau, R.PL.S. Pmjem No,e950.00 I MKMH I Sheet 2 42 11.1hone: 972-80TS4 - Email'. wprlmeau®bgelnpcom CTOWN OF Application to Appear Before the �;7 TROPHY CLUB Zoning Board of Adjustment 100 Municipal Drive *Trophy Club, Texas 76262 Page 1 of 2 Zoning<Board of Adjustment (ZBA) Request Type —Check the appropriate box beloW ® Variance to Zoning Requirement ❑ Fence Special Exception ❑ Administrative Appeal ❑ Building Board of Appeals / Building and Standards Commission Appeal ❑ Other Appeal DETAILS OF REQUEST (See Page Two for additional required information) Description of Request: Variance to allow straight driveways with garages facing the street in Property Address: Parcel 4H Lot 2 Well head 41-1 Lot 2 Current Zoning: R'l 2 Legal Description:The Cypress Estates at Trophy Club (Preliminary i'laf before Trophy Club See M+B Legal attache( APPLICANT/ OWNER INFORMATION Applicant Name: Drees Custom Homes, L.P. Address: 6225 Mate HWY 161 Ste. 150 State/ZIP: Texas/ 75038 Phone: 072-740-6372 f Erik Norgeilo} Email: Enoraelloedreeshomes.com Owner (if Different) Name: C Oil Investments Ltd Address: 13,1101 Preston Road, Suite 510 Dallas State/Zip: Texas/ 75240 214-556-4620 C Oil Investments, Ltd a Texas By: C Oil Investment GP, Inc NOTE. The property owner must sign the application or submit a notarized letter of authorization. f APPLICATION REQUIREMENTS (�) STAFF USE ONLY • All required information, plans and signatures, including the second page of this application shall be completed prior to application submittal. INCOMPLETE APPLICATIONS WILL NOT BE ACCEPTED. • Per the requirements of page two, a detailed description of the request including all relevant project details shall be attached on a separate sheet to this application. • All required application fees shall be paid upon submittal of this application. • other plans and exhibits may be required to be submitted with this application per the re- quirements of the Town Code of Ordinances. It is recommended that a preliminary confer- ence with a member of Town staff be conducted prior to the submittal of this application. • Requests before the Board are considered individually based on whether the request consti- tutes a hardship as described in the Town Code of Ordinances and are subject to denial. Completion of this application shall not imply any guarantee of approval of the request or permission to continue any work related to the request. Date Received: Received by: Fee Paid: Payment Type/Check #: Receipt #: Case #: APR 0 5 2022 I -BY: ..................... i C�Tt-OWN OFT V Application to Appear Before the i I.�1 H 1 CLUB Zoning Board of Adjustment 100 Municipal Drive . Trophy Club, Texas 76262 Page Z of 2 In order to make a finding of hardship and to grant a variance, special exception or appeal, the Zoning Board of Adjust- ment must determine that all of the following conditions are met. State how your request meets these conditions. Please note that the stated hardship shall not be financial or self-induced. Attach additional sheets if necessary. 9. Completely describe the variance, special exception or appeal you are requesting: Nearly all of the 184 homes surrounding Parcel 4H have 2 car garages facing the street with a straight driveway. The hardship is building a style of home and driveway access that does not match ui3 with the surrounding homes. 2. Do similar conditions exist in the area? Explain. The Abbey Moore neighborhood that surrounds Parcel 4H is nearly 100% 2 car garages facing the street with a straight driveway. 3. Describe how the unique conditions or circumstances do not result from your actions. Conditions meet the criteria stated in the Town's zoning ordinance. Article 14. 02. 405 (h) (4) where the vast majority of the homes in this built out subdivision do not conform to the regulations of the district. Application attended the 04/04/22 Town hall meeting of the Abbey Moore HOA, where members discussed the merits of the Parcel 4H lots also having the same access. The Board canvassed the 30 or so attendees and participants on-line and found zero in opposition. 4. Is there any way to do what you want without this request? There is no way to build product that blends with the current product surrounding Parcel 4H without the variance permitting the same type of driveway access as exists in nearly the entire surrounding neighborhood. ATTACH A DETAILED DIAGRAM OF THE SITE, TO SCALE, AND ANY OTHER DRAWINGS OR INFORMATION NECESSARY TO HELP EXPLAIN THE CASE TO THE BOARD. SHOW ON THE DIAGRAM ALL EASEMENTS, BUILDING LINES, EN- CROACHMENTS AND THE VARIANCE, SPECIAL EXCEPTION OR APPEAL REQUESTED. THE SPECIFIC REQUEST SHOULD BE QUANTIFIED BY AN APPROPRIATE MEASUREMENT (DISTANCE, PERCENTAGE, ETC.). LEGAL DESCRIPTION PARCEL 4H: OWNER'S CERTIFICATE BEING, a 3,581 acre (156,000 square foot) tract of land situated in the Richard W. Allen Survey, Abstract Number 5, in the Town of Trophy Club, Denton County,- Texas;;being-all of a called 3.581 acre -tract of -land described -in Special Warranty Deed -with Vendor's Lien to BDMR Development, LLC as recorded in Document Number 2007-82834 of the Official Public Records Denton County, Texas; said 3,581 acre tract of land being more particularly described by metes and bounds as follows:-_ COMMENCING, at the northeast comer of Lot 32, Block G of The Highlands at Trophy -Club-- luti Neighborhood 8 - Phase 28, an addition to the Town of Trophy Club according to the Final Plat recorded in Document Number 2013-229 of the Plat Records of Denton County, Texas; said point being the most westerly northwest comer of Lot 1X, Block H of said Highlands at Trophy Club Neighborhood 8--P_hase 213, same being in the south right -of -way -line of Nottingham Dri-v-e (a 50-foot. right _of_way);-from which a 5/8-inch Iron rod with cap stamped-"JACOSS" found bears North 55 degrees 12 minutes 53 secorfds West, a distance of 52,50 feet, THENCE, South 51 degrees 05 minutes 21 seconds East, departing said south right-of-way line, a distance of 101.73 feet to a 5/8-inch iron rod with cap stamped "BGE" set for the northeast comer of said BDMR Development tract, same being an ell comer of said Lot 1X and of said Highlands at Trophy Club Neighborhood 8 - Phase 28, and the POINT OF BEGINNING; THENCE, South 42 degrees 33 minutes 44 seconds East, with the east line of said BDMR Development tract, being the most southerly west line of said Lot 1X, and being in a west line of said Highlands at Trophy Club Neighborhood 8 - Phase 2B, a distance of 480,00 feet a 5/8-inch iron rod with cap stamped "BGE" set for the southeast comer of said BDMR Development tract, being in the most southerly west line of said Lot 1X, and being in a west line of said Highlands at Trophy Club Neighborhood 8 - Phase 26, same being a northeast comer of The Highlands at Trophy Club Neighborhood 8 - Phase 2A, an addition to the Town of Trophy Club according to the Final Plat recorded in Document Number 2012-183 of said Plat Records, and being the most northerly northeast comer of Lot 1, Block G of said Highlands at Trophy Club Neighborhood 8 - Phase 2A; THENCE, South 47 degrees 26 minutes 16 seconds West, with the south line of said BDMR Development tract, same being the most easterly north line of said Highlands at Trophy Club Neighborhood 8 - Phase 2A, a distance of 325.00 feel to a 5/8-inch Iron rod with bap stamped "BGE" set for the southeast comer of said BDMR Development tract; being an ell comer of said Highlands at Trophy Club Neighborhood 8 - Phase 2A, and being the most northerly northwest comer of Lot 3, Block G of said Highlands at Trophy Club Neighborhood 8 - Phase 2A, same being the most easterly southeast comer of Lot 16, Block G of said Highlands at Trophy Club Neighborhood 8 - Phase 2A; THENCE, North 42 degrees 33 minutes 44 seconds West, with the west line of said BDMR Development tract, being the east line of said Block G, same being an east line of said Highlands at Trophy Club Neighborhood 8 - Phase 2A, passing at a distance of 389,89 feet the most northerly northeast corner of said Highlands at Trophy Club Neighborhood 8 - Phase 2A, continuing with the east line of Block G of said Highlands at Trophy Club Neighborhood 8 - Phase 2B, same being an east line of said Highlands at Trophy Club Neighborhood 8 - Phase 26, in all a total distance of 480.00 feet to a 5/8-inch iron rod with cap stamped "BGE" set for the northwest corner of said BDMR Development tract, being an ell corner of said Highlands at Trophy Club Neighborhood 8 - Phase 2B, and being a point of intersection in the east line of Lot 24, Block G of said Highlands at Trophy Club Neighborhood 8 - Phase 2B; THENCE, North 47 degrees 26 minutes 16 seconds East, with the north line of said BDMR Development tract, being a south line of said Block G, same being a south line of said Highlands at Trophy Club Neighborhood 8 - Phase 2B, a distance of 325.00 feet to the POINT OF BEGINNING and containing 3.581 acres (156,000 square feet) of land, more or less. 0 100, 200' ml 1!5ii2= V-200' 0'7 WILA lcl 0 11. A�g 110cm.—J3�' 0 GL �-1 %J b�. 7Aii TIM 000 "4 MILSONS POINT ROANOKE, TX 76262 "�- 'M