Order No. v 89-02 ORDER OF THE BOARD OF ADJUSTMENT
OF THE TOWN OF TROPHY CLUB, TEXAS
' ORDER NO. V 89-02
WHEREAS, on August 31, 1989 an application (Application
No. V89-02) requesting a variance, as hereinafter described,
from the Comprehensive Zoning Ordinance (the "Zoning
Ordinance" ) of the Town of Trophy Club, Texas (the "Town" ) was
submitted to the Zoning Board of Adjustment (the "Board of
Adjustment" ) of the Town by Mike Sandlin ( "Applicant" ) ; and
WHEREAS, in accordance with State law, the Zoning
Ordinance and the Rules of Procedure of the Board of
Adjustment, notice of a public hearing to consider the variance
request was duly and properly provided;
WHEREAS, in accordance with the said notice, a public
hearing to consider the variance request was conducted by the
Board of Adjustment on September 26, 1989, at which public
hearing the Board of Adjustment received- comments from all
interested parties present at the hearing and received written
documentation and other evidence, a true and correct copy of
which documentation is attached to this Order and incorporated
herein; 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 deny the variance request and now make
and adopt 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. That all of the above premises are found to
be true and correct and are incorporated into the body of this
Order as if copied herein in their entirety.
Section' 2 . That the Board of Adjustment, having
conducted a public hearing on Application No. V89-02 submitted
by Mike Sandlin as stated in the above and foregoing preamble,
hereby makes the following findings and conclusions:
A. Findings:
( 1) The Applicant submitted Application No. V89-02
requesting a variance from the masonry requirement of Section
28 of the Town of Trophy Club Zoning Ordinance on property
located at Lot 702, Trophy Club Section 9, as described and
shown on a plat filed of record in Volume 16, page 17 of the
Denton County Plat Records, the same being known as 12 Pin Oak
Court within the Town of Trophy Club (the "Property" ) .
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(2) Section 28 of the Zoning Ordinance provides in part
that all principal buildings and structures located in each
zoning district of the Town shall be of exterior fire resistant
construction having at least 80% of the total exterior walls,
excluding doors, windows and porches,, constructed of brick,
stone or other masonry or material of equal characteristics in
accordance with the Town' s Building and Fire Code.
(3) The Property has been zoned by the Town Council,
since 1987, R-Section 9 Single Family District as set forth in
the Zoning Ordinance and the Zoning Map of the Town, and this
zoning was in effect on all dates relevant and material to this
variance request.
(4) In the Application for Building Permit submitted by
Applicant, Applicant states that the building to be constructed
on the Property will be ,80% brick and/or stone.
(5) A building permit was issued by the Town to
Applicant on May 24., 1989 .
(6) During the middle of August, 1989, the Town
Inspector issued a Notice of Correction to Applicant, which
Notice was received by Applicant, the Notice stating that
Applicant was not in compliance with the 80% masonry
requirement on the principal building being constructed on the
Property.
(7) Applicant thereafter submitted a request for
variance to the Board of Adjustment from the 80% • masonry
requirement.
(8) The building under construction on the Property, the
exterior walls of which are completed, has approximately 60%
masonry construction thereon, exclusive of doors, windows and
porches . -
B. Conclusions:
( 1) The building under construction on the Property has
less than 80% masonry construction on the exterior walls solely
because of an error in calculating the masonry requirement by
the Applicant.
(2) No special conditions exist on the Property which
would authorize or permit a variance from Section 28 of the
Zoning Ordinance.
(3) There is no hardship on the Property, other-than
financial hardship, which would permit a variance from Section
28 of the Zoning Ordinance.
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Section 3 . it is therefore ORDERED that the variance
request, Request No. V89-02, be denied.
Section 4. That this Order was passed by the
concurring vote of 9 members of the Board of Adjustment, and
is hereby filed in the office of the Board of Adjustment and
effective this the lath day of , October, 1989 .
PASSED AND APPROVED by the Board of Adjustment of the
Town of Trophy Club, Texas this the 1Oth day of October, 1989 .
C airman, Boar Adj stment of
the Town of Trophy Club, Texas
ATTEST:
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$24
SLcretk Board of Adjustment of
the Town of Trophy Club, Texas
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