Order No. v 90-02 1
` ORDER OF THE BOARD OF ADJUSTMENTS
OF THE TOWN OF TROPHY CLUB, TEXAS
ORDER NO. V90-02
WHEREAS, on September 5th, 1990 an application
(Application No. V90-02 ) requesting a variance, as
hereinafter described, from the Comprehensive Zoning
Ordinance (the "Zoning Ordinance" ) of the Town of Trophy Club
(the "Town" ) was submitted to the Zoning Board of Adjustments
(the "Board of Adjustments" ) of the Town by Ginger M. Scardis
( "Applicant" ) ; and
WHEREAS, in accordance with State Law, the Zoning
Ordinance and the Rules of Procedure of the Board of
Adjustments , 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• Adjustments on September 5th, 1990 , at which public
hearing the Board of Adjustments 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 Adjustments, after due
deliberation, voted to grant the variance request and now
make and adopt written Order confirming the same.
NOW, THEREFORE, BE IT FOUND AND ORDERED BY THE ZONING
BOARD OF ADJUSTMENTS 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 Adjustments , having
conducted a public hearing on Application V90-02 submitted by
Ginger M. Scardis as stated in the above and foregoing
preamble, hereby makes the following findings and
conclusions :
A. Findings :
( 1) The Applicant submitted Application No. V90-02
requesting a variance from the front setback
requirements set forth in Section 15G, R-Section 8
Single-Family District Regulations of the Zoning
Ordinance . Section 15'G.F. provides that the depth
. of the front yard in areas zoned R-Section 8 Single
' Family District is a minimum of 20 feet. The
Applicant requested a reduction of the depth of the
front yard to 14 feet. The variance request
concerns property described as Lot 667 Section 8 --
Trophy Club an addition to the Town of Trophy Club
filed October 3rd, 1977 and recorded in Volume 15
, Page 12 of the Denton County Plat Records, and is
more generally known as 101 Creek Courts Drive,
' Trophy Club, Texas ( the "property" )
( 2 ) The Property 'is zoned R-Section 8 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 20-1/2 feet
from the front property line.
(4 ) In approximately 1982, the front porch was
constructed into the front yard, with the porch
encroaching 6 feet beyond the front yard setback
line. The Applicant requested that she be able to
construct a' wooden gable-type awning over the
existing concrete porch.
B . Conclusions :
(1) There is approximately 1/2 foot between the front
setback line and the dwelling located on the
property. The front porch was constructed over the
front setback line with no awning or overhang.
During 'seasonal rainstorms the front of the home
is pelted with rain. The applicant has replaced
warped tile inside the entry way twice since
purchasing 'the home. The problem was not created by
the Applicant.
( 2 ) The front yard setback is a special condition which
in this case constitutes a hardship on the
Applicant: that the Applicant may not fully use the
front yard on the Property to protect the existing
structure from further rain damage.
(3) Applicant is hereby granted a variance as follows:
( a) A wooden gabled (open sided) porch cover may be
constructed over the location of the existing
concrete porch as it currently extends into the
front yard setback on the Property.
Section 3 . That this Order was passed by the concurring
vote of 4' members of the Board of Adjustments , and is
hereby filed in the office of the Board of Adjustments and
effective this the llth day o,f September 1990 .
PASSED AND APPROVED by the Board of Adjustments of the
Town of Trophy Club, Texas this thellth day of
September , 1990 .
Chairman, Board of Adjustments
of the Town of Trophy Club,
Texas
ATTEST:
•
Secretary, Board of Adjustments
of the Town of Trophy Club, Texas