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.
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(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
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ATTEST:
' a.e.z-L-;._-e,cQ ce�J
Secretary, Board of Adjustment,
Town of Trophy Club, Texas
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