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Order No. Z060296 ORDER OF THE BOARD OF ADJUSTMENT OF THE TOWN OF TROPHY CLUB, TEXAS ORDER NO. Z060296 WHEREAS, an application (Application No. Z060296) 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 Tim Garvey on behalf of Garvey Homes, 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 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. Z060296 submitted by Tim Garvey/Garvey Homes, Inc., as stated in the above and foregoing premises, hereby makes the following fmdings and conclusions: A. Findings: (1) The Applicant submitted Application No. Z060296 in which the Applicant requested a variance from the terms of the Comprehensive Zoning Ordinance, namely that rear yard setback be reduced from 20 feet to approximately 12 feet on property described generally as 9 Panorama Trail, Trophy Club, Texas and more particularly described as Lot 1702, Trophy Club Section 13 (the "Property"). The Property is shown on the plans and drawings attached hereto as Exhibit 1 and incorporated herein for all purposes. The variance was requested generally in order to accommodate enclosed parking for 3 automobiles. -1- DOC#:260798 (2) The Property is zoned R-10 Single Family Residential District. The R-10 standards set forth in the Comprehensive Zoning Ordinance (Ordinance No. 94-09) require a rear yard setback of 20 feet. The minimum square footage for a residential dwelling unit within the R-10 District is 2,250 square feet. (3) The 132 foot property line depicted in Exhibit 1 is a rear property line of the Property. A portion of this rear property line is located adjacent and contiguous to the golf course of The Club at Trophy Club. (4) 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. (5) Owners of the properties adjacent to the Property were contacted regarding the request for the variance. Two owners objected to the variance. (6) The owner of the Property intends to construct a residential structure on the Property containing approximately 3,786 square feet. B. Conclusions: (1) The Property is of sufficient size such that a residential structure which conforms to the setback standards contained in the Comprehensive Zoning Ordinance can be complied with. The Applicant submitted no evidence that the Property could not be developed without the granting of the variance. (2) There exist no special conditions with respect to the Property, and there is therefore no hardship for which a variance should be granted. (3) It is therefore ORDERED that the requested variance for the Property is hereby DENIED. 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. C 'an, Board of A justment, T n of Trophy Club, Texas -2- DOC#:260798 ATTEST: ' a.e.z-L-;._-e,cQ ce�J Secretary, Board of Adjustment, Town of Trophy Club, Texas -3- DOC#:260798