Order No. Z040296 ORDER OF THE BOARD OF ADJUSTMENT
OF THE TOWN OF TROPHY CLUB, TEXAS
ORDER NO. Z040296
WHEREAS, an application (Application No. Z040296) 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 Barfield Building
Company on behalf of Marcia L. Willis, the owner of the property for which the variance was
requested; 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 March 11, 1996, 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 now 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. Z040296 submitted by Barfield Building Company on behalf of the landowner, Marcia L.
Willis, as stated in the above and foregoing premises, hereby makes the following fmdings and
conclusions:
A. Findings:
(1) The Applicant submitted Application No. Z040296 in which the
Applicant requested a variance from the terms of the Comprehensive Zoning
Ordinance, namely that the rear yard setback be reduced from 20 feet to 15 feet
on property described generally as 14 Panorama Trail, and more particularly
described as Lot 1680, Trophy Club Section 13, Trophy Club, Texas (the
"Property"). The Applicant submitted the request for a variance in order to
construct a portion of a new residence into the 20 foot rear yard setback, such
that a 15 foot rear yard setback would remain, as shown on the plans and
drawings attached hereto as Exhibit 1 and incorporated herein for all purposes.
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(2) The Property is zoned R-10 Single Family Residential District.
The Town's Comprehensive Zoning Ordinance (Ordinance No. 94-09) requires
a 20 foot rear yard setback for property zoned R-10.
(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 lot (Lot 1685) located immediately to the rear of the Property
is owned by the Applicant, Barfield, and a residential structure is in place on Lot
1685. With a 15 foot rear yard setback on the Property, the distance between the
rear of the residential structure on Lot 1685 and a residential structure on the
Property would be 55 feet.
(5) Owners of the properties adjacent to the Property were contacted
regarding the request for the variance, and no objection was interposed. Mr. Tim
Garvey, owner of a lot to the south of the Property, spoke in favor of the
variance. The lot immediately to the north of the Property is vacant.
(6) The owner of the Property intends to construct a residential
structure on the Property containing 2,800 square feet.
B. Conclusions:
(1) Special conditions exist on the Property in that the size of the
proposed residential structure, together with the requirement that the two-car
garage required to be constructed on the Property may not face any street,
requires that the residential structure extend into the 20 foot rear yard setback.
(2) With a 15 foot rear yard setback, there will be 55 feet separating
the residential structure to be constructed on the Property and the residential
structure already constructed on Lot 1685 immediately to the rear of the Property.
Therefore, significant open space to the rear of these lots will be preserved.
(3) The size of the proposed residential structure to be constructed on
the Property, together with the requirement that the garage may not face any
public street, constitutes a hardship on the Property for which a variance as to the
construction of the residential structure as indicated in Exhibit 1 should be
granted.
(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 a variance for the Property reducing
the rear yard setback from 20 feet to 15 feet for the construction and placement
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of the residential structure in accordance with the drawings and plans attached
hereto as Exhibit 1 is hereby GRANTED. No other variance for the Property is
granted by this Order.
Section 3. This Order was passed by the concurring vote of members of
the Board of Adjustment, and is hereby filed in the Office of the Board of Adjustment and
effective this the day of , 1996.
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C I an, Board of Adjustment,
T n of Trophy Club, Texas
ATTEST:
Secretary, Board of Adjustment,
Town of Trophy Club, Texas
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