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01.11.2024 ZBA Agenda Packet TOWN OF TROPHY CLUB MEETING AGENDA ZONING BOARD OF ADJUSTMENT 1 Trophy Wood Drive Trophy Club, Texas 76262 January 11, 2024 6:00 PM Council Chambers CALL TO ORDER AND ANNOUNCE A QUORUM PUBLIC COMMENT(S) This is an opportunity for citizens to address the Board on any matter pursuant to Texas Government Code Sec. 551.007. The Board is not permitted to discuss or take action on any presentations made concerning matters that are not listed on the agenda. 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 have submitted their request to speak by completing the Speaker’s Form or may email asantos@trophyclub.org. REGULAR ITEMS 1. Nomination and Election of Vice-Chairperson 2. Nomination and Election of Secretary. 3. Case ZBA-24-001 303 Skyline Drive Conduct a Public Hearing and consider action regarding a request made by Justin Davis for a variance to Sections 14.02.351, Fencing, retaining walls and screening of the Town's Zoning Ordinance to allow for a fence in the building line/at the property line of the side yard adjacent to a side street at 303 Skyline Drive, Trophy Club, Denton County, Texas (M. Cox). 4. Case ZBA-24-002 The Falcon Estates Conduct a Public Hearing and consider action regarding a request made by Dean & Co. Custom Homes, L.P. on behalf of the landowner, Ward New Horizons LLC, for a variance to Zoning Regulations to allow for third and/or fourth car garages to face the street for The Falcon Estates at Trophy Club, Lots 1-8, Block A. The properties are located south of Kent Street between Trophy Club Drive and Mona Vale Road, Trophy Club, Denton County, Texas. Page 1 of 28 5. Take appropriate action regarding the October 12, 2023, Zoning Board of Adjustment meeting minutes (A. Santos). 6. Receive updates on previous cases 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 Meeting Act, LGC.551.071. Notice is hereby given that a quorum of the Town of Trophy Club Town Council may be in attendance at the meeting. The Town Council will not deliberate or take any action. CERTIFICATION I do hereby certify that the Notice of Meeting was posted on the bulletin board at the Town Hall for the Town of Trophy Club, Texas, in a place convenient and readily accessible to the general public at all times on the following date and time: January 8, 2024, at 2:00 PM, and said Notice of Meeting was also posted concurrently on the Town’s website in accordance with Texas Government Code Ch. 551 at least 72 hours prior to the scheduled time of said meeting. __________________________________ 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 6822372900, 48 hours in advance, and reasonable accommodations will be made to assist you. Page 2 of 28 ZONING BOARD of ADJUSTMENT COMMUNICATION MEETING DATE: January 11, 2024 FROM: Matt Cox, Director of Community Development AGENDA ITEM: Case ZBA-24-001 303 Skyline Drive Conduct a Public Hearing and consider action regarding a request made by Justin Davis for a variance to Section 14.02.351, Fencing, retaining walls and screening of the Town’s Zoning Ordinance to allow for a fence in the building line/at the property line of the side yard adjacent to a side street at 303 Skyline Drive, Trophy Club, Denton County, Texas. (M. Cox) BACKGROUND/SUMMARY: The owner of the subject property is requesting approval of a variance through a special exception so that he may construct a fence in the building line/at the property line of the side yard adjacent to a side street. 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 other homes within the surrounding area that have installed fences within the building setbacks. Staff researched various properties and found one to have received ZBA approval, two (2) others were permitted at the time of initial building, and no documentation on the last property. It is preferable to consistently apply the zoning regulations, and it is apparent that fences have not been closely regulated in the past. The applicant has submitted a sketch on the property survey indicating the desired location along the property line Exhibit A. Exhibit D includes images of examples of existing fences with similar conditions submitted by the applicant. Exhibit E is the property survey with the surrounding neighbors’ support for the variance/special exception request. The application is included in this report as Exhibit B. Exhibit C illustrates the public hearing letter and area of notification. Additional information: •The side yard setback/building line along Clear Vista Drive is 20 feet and the house is approximately 21.2 feet from the property line. The edge of paving has not been located with a dimension but appears to be a 11-12 foot parkway. •There are no sidewalks in this neighborhood. •There is not a driveway/visibility concern for the adjacent lot. Page 3 of 28 •A fence permit application will require utility location to determine if there are any franchise utilities in the setback area. The Final Plat for the subdivision from 1996 did not include the required 10 foot utility easement along the property line that is now a requirement. Should the fence be approved, existing utilities will need to be accommodated per the entity’s requirements. Property Location Google Maps Page 4 of 28 Property Survey with proposed fence location Page 5 of 28 Existing Conditions 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. 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. Page 6 of 28 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. A concurring vote of four (4) members of the Board of Adjustment is necessary for approval of the variance/special exception request. FISCAL IMPACT: Not applicable. LEGAL REVIEW: Not applicable. ATTACHMENTS: Exhibit A – Lot survey with requested fence location Exhibit B – Application and hardship information Exhibit C – 200 foot Notification Letter and Map Exhibit D – Photos submitted as fence locations within/at the building line Exhibit E – Survey with adjacent owners’ signatures of support for proposed fence location Page 7 of 28 Page 8 of 28 Page 9 of 28 Page 10 of 28 December 22, 2023 Re: A request to allow for a fence in the building line/at the property line of the side yard adjacent to a side street at 303 Skyline Drive. Dear Property Owner: You are receiving this notice because you own property within 200 feet of, or within, the boundaries of the subject property that is affected by the proposed change, which is described below and shown on a location map on the reverse side. A request made by Justin Davis for a variance to Section 14.02.351, Fencing, retaining walls and screening of the Town’s Zoning Ordinance to allow for a fence in the building line/at the property line of the side yard adjacent to a side street at 303 Skyline Drive, Trophy Club, Denton County, Texas. Case ZBA-24-001 A Public Hearing will be held by the Zoning Board of Adjustment on Thursday, January 11, 2024, at 6:00 PM at Town Hall, 1 Trophy Wood Drive in Trophy Club regarding the above request, and action may be taken on the request at the public hearing. The Public Hearing is scheduled for the purpose of receiving public comments. Feel free to contact me at (682) 237-2916 if you need further information. Sincerely, Matt Cox, Director of Community Development Page 11 of 28 Page 12 of 28 Page 13 of 28 Page 14 of 28 Page 15 of 28 Page 16 of 28 ZONING BOARD of ADJUSTMENT COMMUNICATION MEETING DATE: January 11, 2024 FROM: Matt Cox, Director of Community Development AGENDA ITEM: Case ZBA-24-002 The Falcon Estates Conduct a Public Hearing and consider action regarding a request made by Dean & Co. Custom Homes, L.P. on behalf of the landowner, Ward New Horizons LLC, for a variance to Zoning Regulations to allow for third and/or fourth car garages to face the street for The Falcon Estates at Trophy Club, Lots 1-8, Block A. The properties are located south of Kent Street between Trophy Club Drive and Mona Vale Road, Trophy Club, Denton County, Texas. BACKGROUND/SUMMARY: The homebuilder, Dean & Co., Custom Homes, L.P., on behalf of the landowner Ward New Horizons LLC, is requesting approval of a variance to allow the third and/or fourth car garages to face the street within The Falcon Estates at Trophy Club, Lots 1-8, Block 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 third and/or fourth car garages facing the street similar to the products surrounding the subject property in PD-27. The hardship stated is the zoning requirement for home and driveway access for the R-12 District does not match with the surrounding homes. Zoning Board of Adjustment Authority: 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. 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 Page 17 of 28 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. 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 – The Falcon Estates at Trophy Club Application and Hardship Information with garage orientation information •Exhibit B – Notification Letter and Map Page 18 of 28 Page 19 of 28 Page 20 of 28 Page 21 of 28 Page 22 of 28 Page 23 of 28 December 20, 2023 Re: Requested Variance to allow for allow for third and/or fourth car garages to face the street for The Falcon Estates at Trophy Club, Lots 1-8, Block A. Dear Property Owner: You are receiving this notice because you own property within 200 feet of, or within, the boundaries of the subject property that is affected by the proposed change, which is described below and shown on a location map on the reverse side. A request made by Dean & Co. Custom Homes, L.P. on behalf of the landowner, Ward New Horizons LLC, for a variance to Zoning Regulations to allow for third and/or fourth car garages to face the street for The Falcon Estates at Trophy Club, Lots 1-8, Block A. The properties are located south of Kent Street between Trophy Club Drive and Mona Vale Road, Trophy Club, Denton County, Texas. Case ZBA-24-002 A Public Hearing will be held by the Zoning Board of Adjustment on Thursday, January 11, 2024, at 6:00 PM at Town Hall, 1 Trophy Wood Drive in Trophy Club regarding the above request, and action may be taken on the request at the public hearing. The Public Hearing is scheduled for the purpose of receiving public comments. Feel free to contact me at (682) 237-2916 if you need further information. Sincerely, Matt Cox, Director of Community Development Page 24 of 28 Page 25 of 28 Town of Trophy Club Meeting Minutes Zoning Board of Adjustment 1 Trophy Wood Drive Trophy Club, Texas 76262 October 12, 2023 6:00 PM Council Chambers CALL TO ORDER AND ANNOUNCE A QUORUM Chairperson Bowman called the October 12, 2023, Zoning Board of Adjustment meeting to order at 6:00 PM and announced a quorum. Board Members Present: Steve Bowman Chairperson Doug Harper Board Member Steven Boedecker Board Member Reid Burley Board Member James Calaway Board Member Board Members Absent: None Staff Present: Matt Cox Director of Community Development Alicia Santos Sr. Administrative Assistant for Community Development 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 Bowman asked if there were any public requests to speak. No public requests were submitted. Chairperson Bowman opened the Public Hearing at 6:06 PM. REGULAR SESSION 1.Case ZBA­23­001 The Aspen Estates at Trophy Club a.Conduct a Public Hearing regarding a request made by Drees Custom Homes, on behalf of the landowner, Beck Properties Trophy Club, LP for a variance to Zoning Regulations to allow for third and/or fourth car garages to face the street for Lots 1­7, Block A of The Aspen Estates at Trophy Club, approximately 3.37 acres out of the J. Henry Survey, Abstract Number 529 and R. Allen Survey, Abstract Number 17, Town of Trophy Club, Denton County, Texas (M. Cox) b.Take appropriate action regarding a request made by Drees Custom Homes, on behalf of the landowner, Beck Properties Trophy Club, LP for a variance to Zoning Regulations to allow for third and/or fourth car garages to face the street for Lots 1­7, Block A of The Aspen Estates at Trophy Club, approximately 3.37 acres out of the J. Henry Survey, Abstract Number 529 and R. Allen Survey, Abstract Number 17, Town of Trophy Club, Denton County, Texas (M. Cox). Matt Cox presented the staff report and was available for questions. Page 26 of 28 Page 2 of 3 Chairperson Bowman closed the public hearing at 6:37 PM Chairperson Bowman motioned for discussion and/or concern. ZBA members discussed procedural questions. Board Member Boedeker moved to recommend approval, with a second by Board Member Harper. Chairperson Bowman called for a vote. The motion passed 5-0. Chairperson Bowman asked if there were any public requests to speak. Public Comments were presented by the following individuals: Patricia Jayne Keefter sent email opposing the front facing garages. 2.Case ZBA-23-002 The Willow Estates at Trophy Club a.Conduct a Public Hearing regarding a request made by Drees Custom Homes, on behalf of the landowner, Beck Properties Trophy Club, LP for a variance to Zoning Regulations to allow for third and/or fourth car garages to face the street for Lots 2-10, Block A, identified in the Final Plat for The Willow Estates at Trophy Club, also known as Tract 2, approximately 4.208 acres out of the Rosalinda Allen Survey, Abstract Number 17, Town of Trophy Club, Denton County, Texas (M. Cox). b.Take appropriate action regarding a request made by Drees Custom Homes, on behalf of the landowner, Beck Properties Trophy Club, LP for a variance to Zoning Regulations to allow for third and/or fourth car garages to face the street for Lots 2-10, Block A, identified in the Final Plat for The Willow Estates at Trophy Club, also known as Tract 2, approximately 4.208 acres out of the Rosalinda Allen Survey, Abstract Number 17, Town of Trophy Club, Denton County, Texas (M. Cox). Matt Cox presented the staff report and was available for questions. Chairperson Bowman opened the public hearing at 6:46 PM. Chairperson Bowman motioned for discussion and/or concern. ZBA members discussed procedural questions. Board Member Boedeker moved to recommend approval, with a second by Board Member Harper. Chairperson Bowman called for a vote. The motion passed 4-1. Chairperson Bowman asked if there were any public requests to speak. Public Comments were presented by the following individuals: Patricia Jayne Keefter sent email opposing the front facing garages. 3.Case ZBA­23­003 The Oak Estates at Trophy Club a.Conduct a Public Hearing regarding a request made by Drees Custom Homes, on behalf of the landowner, Beck Properties Trophy Club, LP for a variance to Zoning Regulations to allow for third and/or fourth car garages to face the street for Lots 1­8, Block A, identified in the Final Plat for The Oak Estates at Trophy Club, also known as Tract 2B, approximately 4.339 acres out of the Tomas J. Allen Survey, Abstract Number 7, Town of Trophy Club, Denton County, Texas (M. Cox). b.Take appropriate action regarding a request made by Drees Custom Homes, on behalf of the landowner, Beck Properties Trophy Club, LP for a variance to Zoning Regulations to allow for third and/or fourth car garages to face the street for Lots 1­8, Block A, identified in the Final Plat for The Oak Estates at Trophy Club, also known as Tract 2B, approximately 4.339 acres out of the Tomas J. Allen Survey, Abstract Number 7, Town of Trophy Club, Denton County, Texas (M. Cox). Matt Cox presented the staff report and was available for questions. Chairperson Bowman opened the public hearing at 7:10 PM. Chairperson Bowman motioned for discussion and/or concern. ZBA members discussed procedural questions. Board Member Boedeker moved to recommend approval, with a second by Board Member Harper. Chairperson Bowman called for a vote. The motion passed 5-0. Chairperson Bowman asked if there were any public requests to speak. Public Comments were presented by the Page 27 of 28 Page 3 of 3 following individuals: Patricia Jayne Keefter sent email opposing the front facing garages. 4.Case ZBA­23­004 406 Ramsey Trail a.Conduct a Public Hearing regarding a request for a variance through a special exception to construct a new fence in the side yard setback at 406 Ramsey Trail (M. Cox). b.Take appropriate action regarding a request for a variance through a special exception to construct a new fence in the side yard setback at 406 Ramsey Trail (M. Cox). Chairperson Bowman opened the public hearing at 7:21 PM. Matt Cox presented the staff report and was available for questions. Chairperson Bowman closed the public hearing at 6:30 PM Chairperson Bowman motioned for discussion and/or concern. ZBA members discussed procedural questions. Board Member Boedeker moved to recommend approval, with a second by Board Member Harper. Chairperson Bowman called for a vote. The motion passed 4-1. Chairperson Bowman asked if there were any public requests to speak. Public Comments were presented by the following individuals: Mr. Freeland, 366 Dover, called Matt Cox in favor of the variance for the fence on the side yard setback. 5.Take appropriate action regarding the May12, 2022 and the June 2, 2022 Zoning Board of Adjustment meeting minutes (A. Santos). Chairperson Bowman motioned for discussion and/or concern. ZBA members discussed procedural questions. Chairperson Bowman called for a vote. The motion passed 5-0. 6.Receive updates on previous cases heard by the Board and active development in Town. Director Matt Cox advised the members there could be another fence variance request from 303 Skyline. Hutchinson BBQ requesting an SUP alcohol permit to P&Z. ADJOURN Chairperson Bowman motioned to adjourn the meeting at 8:05 PM. ___________________________ ___________________________ Chairperson Bowman Alicia Santos Zoning Board of Adjustment Sr. Administrative Assistant Town of Trophy Club, TX Town of Trophy Club, TX Page 28 of 28