Order No. Z070396 ORDER OF THE BOARD OF ADJUSTMENT
OF THE TOWN OF TROPHY CLUB, TEXAS
ORDER NO. Z070396
WHEREAS, an application (Application No. Z070396) 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 Calais Custom
Homes, 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 April 3, 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. Z070396 submitted by Calais Custom Homes, the owner of the Property, hereby makes the
following fmdings and conclusions:
A. Findings:
(1) The Applicant submitted Application No. Z070396 in which the
Applicant requested a variance from the terms of the Comprehensive Zoning
Ordinance, namely that the front yard setback be reduced from 25 feet to
approximately 20 feet on property described generally as 12 Jennifer Court, and
more particularly described as Lot 13, The Woods, Trophy Club, Texas (the
"Property"). As reflected on the Plat of the Property, the front yard for the
Property faces Jennifer Court and a side yard of the Property runs along Michelle
Court. However, the Applicant desires to construct a house on the Property so
that the house faces Michelle Court, thereby effectively making the front yard a
side yard (as shown on the plans and drawings attached hereto as Exhibit 1 and
incorporated herein for all purposes). In order to so locate the house, the
Applicant submitted the request for a variance from the front yard setback.
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(2) The Property is zoned R-12 Single Family Residential District.
The Town's Comprehensive Zoning Ordinance (Ordinance No. 94-09) requires
a 25 foot front yard setback for property zoned R-12.
(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) Owners of the properties adjacent to the Property were contacted
regarding the request for the variance, and no objection was interposed.
(5) Following the platting of the Property, the Developer of the
Property, in accordance with Town requirements, constructed an eight foot brick
wall along the rear Property line. The brick wall reduced the size of the rear-
yard by several feet.
B. Conclusions:
(1) Special conditions exist on the Property in that the wall constructed
by the Developer after the Property was platted reduced the depth of the rear yard
by several feet; therefore, constructing a house on the Property that faces
Michelle Court must take into consideration this reduction in the depth of the rear
yard. In order to place a garage in the rear yard of the Property, the house must
be set back from the wall a distance that will allow adequate entry into the garage
(see Exhibit 1 diagram), thereby shifting the house toward the front yard setback
line. •
(2) The Property lies at the entrance to The Woods subdivision. If a
house on the Property was constructed to face Jennifer Court, then the
introduction to the subdivision would be the side of a house; however,
constructing a house that faces Michelle Court allows a person entering the
subdivision to view the front elevation of the house. Therefore, constructing a
house on the Property that faces Michelle Court is superior to constructing a
house that faces Jennifer Court.
(3) The wall having been constructed on the rear of the lot, together
with the superiority of locating a house on the Property so that it faces Michelle
Court, constitutes a hardship on the Property for which a variance as to the
construction of the house as depicted 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 front yard setback from 25 feet to 20 feet 2 inches for the construction and
placement of a house in accordance with the drawings and plans attached hereto
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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 all ( 5) members of
the Board of Adjustment, and is hereby filed in the Office of the Board of Adjustment and
effective this the 3 r d day of April , 1996.
Chairman, Board of Adjustment,
Town of Trophy Club, Texas
ATTEST:
Secretary, Board of Adjustment,
Town of Trophy Club, Texas
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