Order No. Z050296 ORDER OF THE BOARD OF ADJUSTMENT
OF THE TOWN OF TROPHY CLUB, TEXAS
ORDER NO. Z050296
WHEREAS, an application (Application No. Z050296) 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 Steve and Marcy
Ward; 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. Z050296 submitted by Steve and Marcy Ward, as stated in the above and foregoing
premises, hereby makes the following fmdings and conclusions:
A. Findings:
(1) The Applicant submitted Application No. Z050296 in which the
Applicant requested a variance from the terms of the Comprehensive Zoning
Ordinance, namely that the side yard setback (side yard adjacent to a side street)
be reduced from 15 feet to approximately 14 feet on property described generally
as 6 Rushing Court, Trophy Club, Texas (the "Property"). There being a
residential structure currently on the Property, the Applicant submitted the request
for a variance in order to be in compliance with the zoning standards for the
Property. The Property is 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-9 Single Family Residential District. The
R-9 standards set forth in the Comprehensive Zoning Ordinance (Ordinance No.
94-09) require a setback of 15 feet for a side yard adjacent to a side street.
(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 owner of the Property purchased the Property with the
residential structure already in place. A survey of the Property (Exhibit 1)
revealed that the residential structure extends over the 15 foot side yard setback
by only a few inches.
(5) Owners of the properties adjacent to the Property were contacted
regarding the request for the variance, and no objection was interposed.
B. Conclusions:
(1) The Property has special conditions, in that the residential structure
on the Property was constructed prior to the purchase of the Property by the
owner and Applicant, and the structure extends into the required side yard by
only a few inches. Approval of the variance request will eliminate any future
issue regarding building over the setback line and aid the property owner in any
future conveyance of the Property.
(2) The fact that the residential structure was constructed prior to the
purchase of the Property by the owner/Applicant, together with the fact that the
residential structure on the Property extends only a few inches into the required
side yard, creates a hardship on the Property for which a variance to the side yard
setback requirement(to the extent of the encroachment by the residential structure
in existence on the Property (see 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 setback for the side yard adjacent to Crooked Creek Court for the main
residential structure currently in place from 15 feet to the distances shown in
Exhibit 1 (14.4 feet on the north end of the east side of the main residential
structure to 14.2 feet on the south end of the east side) is hereby GRANTED.
No other variance for the Property is granted by this Order.
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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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Chaullign, Board of Adjustment,
Tod of Trophy Club, Texas
ATTEST:
�: ;_�c Cf.rt
Secretary, Board of Adjustment,
Town of Trophy Club, Texas
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