Order No. v 90-01 ORDER OF THE BOARD OF ADJUSTMENT
OF THE TOWN OF TROPHY CLUB, TEXAS
ORDER NO. V 90-01
WHEREAS, on January 15, 1990 an application (Application
No. V90-01) 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 Frederick G. Schneider ("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; and
WHEREAS, in accordance with the said notice, a public
hearing to consider the variance request was conducted by the
Board of Adjustment on February 7, 1990, 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 in part 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. V90-01 submitted
by Frederick G. Schneider as stated in the above and foregoing
preamble, hereby makes the following findings and conclusions :
A. Findings :
(1) The Applicant submitted Application No . V90-01
requesting a variance from the rear yard setback requirements
set forth in Section 151, R-Sections 1 and 2 Single-Family
District Regulations of the Zoning Ordinance. Section 151.F.
provides that the depth of a rear yard in areas zoned R-Sections
1 and 2 Single-Family District is a minimum 25 feet. The
Applicant requested a reduction of the depth of the rear yard
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to 8 feet. The variance request concerns property described as
Lot 134, Section 2--Trophy Club an addition to the Town of
Trophy Club filed March 24, 1975 and recorded in Volume 11,
Page 33 of the Denton County Plat Records, and is more
generally known as 123 Carnouste Drive, Trophy Club, Texas (the
"Property") .
(2) The Property is zoned R-Sections 1 and 2 Single
Family District as set forth in the Zoning Ordinance and the
Zoning Map of the Town.
(3) The main residential dwelling located on the
Property is situated so that it is only 26-1/2 feet from the
rear property line.
(4) In approximately 1982, a masonry patio was
constructed into the rear yard, with the patio encroaching 14
feet into beyond the rear yard setback line. Applicant
requested that he be able to construct a hardwood deck across
the existing patio and extend the deck 3 feet past the existing
patio, leaving a distance of 8 feet to the property line.
Additionally, the Applicant requested the installation of a spa
to be placed into or on top of the hardwood deck. Applicant
also requested the construction of a gazebo around the spa.
B. Conclusions :
(1) There is approximately 1-1/2 feet between the rear
yard setback line and the dwelling located on the Property,
leaving inadequate space to utilize the rear yard for
residential purposes. The problem with the rear yard setback
was not created by the Applicant.
(2) The rear yard setback problem is a special condition
which constitutes a hardship upon the Applicant: that the
Applicant may not fully use the rear yard on the Property for
residential purposes . -
(3) Applicant is hereby granted a variance as follows :
(a) A deck may be constructed above the location of the
masonry patio as it currently extends into the rear
yard setback on the Property.
(b) Applicant may install a spa not to extend more than
twelve (12) inches above the deck.
Section 3 . That this Order was passed by the concurring
vote of 4 members of the Board of Adjustment, and is hereby
filed in the office of the Board of Adjustment and effective
this the 1st day of March , 1990 .
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PASSED AND APPROVED by the Board of Adjustment of the
Town of Trophy Club, Texas this the 1st day of March ,
1990 .
Chairman, Board of Adjustment of
the Town of Trophy Club, Texas
ATTES :
IV e7V..11)
S-cretary, Board of Adjustment of
the Town of Trophy Club, Texas
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