Order No. ZBA033195 ORDER OF THE BOARD OF ADJUSTMENT
OF THE TOWN OF TROPHY CLUB, TEXAS 099176
ORDER NO. ZBA033195
WHEREAS, on March 31, 1995 an application (Application No. ZBA033195) requesting
a variance from the terms of the Comprehensive Zoning Ordinance (Ordinance No. 94-09) of the
Town of Trophy Club, Texas was submitted to the Zoning Board of Adjustment of the Town by
Trinity Learning Center, Inc.; and
WHEREAS, in accordance with State law, the Comprehensive Zoning Ordinance, and
the Rules of Procedure of the Board of Adjustment, notice of a public hearing to consider the
variance request was properly provided; and
WHEREAS, in accordance with the notice, a public hearing to consider the variance
request was conducted by the Board of Adjustment on April 27, 1995, at which public hearing the
Board received comment from all interested parties present at the hearing; and
WHEREAS, after conducting the public hearing and receiving and considering the
comments and evidence from all interested persons, the Board of Adjustment, after due
deliberation, voted to grant the variance and not makes-and adopts this written Order confirming
the same. _ -
NOW, THEREFORE, be it found and ordered by the Zoning Board of Adjustment of
the Town of Trophy Club, Texas:
Section 1. The above premises are true and correct and are incorporated herein for all
purposes.
Section,2. The Board of Adjustment, having conducted a public hearing on Application
No. ZBA033195 submitted by Trinity Learning Center, Inc., as stated in the above and foregoing
`premises, hereby makes the following findings and conclusions: -
A. Findings:
(1) The Applicant submitted Application No. ZBA033195 in which the
Applicant requested a variance from the terms of the Comprehensive Zoning
Ordinance, namely that the rear yard setback be reduced from 15 feet to 3 feet on
property described generally as 50 Village Trail, Lot 1, Block 1, J. Eads Survey,
Abstract No. 392, Town of Trophy Club. _
(2) The Property is zoned NS Neighborhood Service District. While
the current Comprehensive Zoning Ordinance (Ordinance No. 94-09) provides for
a 30 foot rear yard setback in the NS District, the Property is subject,to a 15 foot
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rear yard setback as required by the zoning ordinance in effect at the time of the
approval of a site plan for the Property. Therefore, the variance request is from a
15 foot rear yard setback requirement to a 3 foot rear yard setback.
(3) Notice of the rezoning of the Property was properly provided in
accordance with the requirements of State law, the Comprehensive Zoning
Ordinance, and the Rules of Procedure of the Board of Adjustment.
(4) The land immediately adjacent to the rear yard of the Property is
currently zoned Planned Development. The drawings attached to the Planned
Development Zoning indicates a park or open space area adjacent to the Property.
The rear yard property line is approximately 600 fret from a proposed residential
neighborhood in the area zoned PD.
(5) The owner of the Property has received consent form the owner of
the land zoned PD immediately adjacent to the Property to construct the proposed
addition to the Trinity Learning Center.
(6) The parking which currently exists for the Property is sufficient for
the proposed new building on the site.
(7) Demographics indicate that a building equal in size to the current
building on the Property is necessary to meet the demand for child care within the
Town of Trophy Club. The Trinity Learning Center cares for children before and
after school and has a day care for preschool children.
(8) The Trinity Learning Center, Inc. has attempted to purchase
additional land to the rear of the Property, but has been unable to do so. The
owner of the land adjacent to the Property is unwilling to sell additional land to the
trinity Learning Center for the reason that doing so would require a complete
revisit to the Planned Development zoning on the land.
B. Conclusions:
(1) The Property has special conditions, in that the adjacent property is
zoned PD Planned Development and the Trinity Learning Center is therefore not
able to purchase property from the adjacent landowner. Additional a large amount
of open space exists to the rear of the Property.
(2) Demographics indicate a need for the addition of a building to the
Property similar in size to the existing building in order to meet the child care
needs and demands of the citizens of the Town. No member of the public
expressed any disapproval of the proposed variance.
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(3) The limitation on purchasing additional land to the rear of the
Property and the adjacent zoning (Planned Development) creates a hardship on the
Trinity Learning Center.
(4) The granting of the requested variance does not constitute a
material change in the use of the Property and complies with the spirit of the
Comprehensive Zoning Ordinance as written.
(5) It is therefore ORDERED that the variance request submitted by
the Trinity Learning Center, Inc. Is hereby granted, and that the rear yard setback
for the Property is reduced from 15 feet to 3 feet.
Section 3. This Order was passed by the concurring vote of five (5) members of the
Board of Adjustment, and is hereby filed in the Office of the Board of Adjustment and effective
this the 27th day of April, 1995.
I pis.
4
C .1 man, Board of Adjustment,
o n of Trophy Club, Texas
ATTEST:
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Secretary, Board of Adjustment, CO
Town of Trophy Club, Texas
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•-; a ANY PROVISION HEREIN WHICH RESTRICTS THE SSALE,RENTAL,OR U:c
OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE 13
A 1 j'� 'L•• INVALID AND UNENFORCEABLE UNDER FEDERAL LAW.
,/ � ) THE STATE OFTEXAS ll
COUNTY OF DENTON
-- - _ _ _ ?--- ___ - s t,+ I hardy certify that this Instrument was FlLEDIn the File Number Secgquenceen
; - iy� - _� - - - • the date and Vie tine stamppeed hereon-by nit;and waiduNRECORDED;infhe
tf: n Official Public Records of Real Pro oertmfDento^Count y,Texascn
'NOV- 0 6 1996
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COUNTY CLERX VA A i"=
DENTON COUNTY,TEXAS =g'•••. r�';•''
Filed for Record in:
DENTON COUNTY, TX
HONORABLE TII1 HODGES/COUNTY
CLERK
Ore Nov 06 1996
At 9:15am
Doc/Num : 96-R0079176
Doc/Type : ODR
Recording: 9.00
Doc/Mgmt : 6.00
Receipt #: 34625
Deputy - CASSY
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