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Order No. ZBA 2000-01 ORDER OF THE BOARD OF ADJUSTMENT OF THE TOWN OF TROPHY CLUB • ORDER NO. ZBA-2000-01 WHEREAS, the Board of Adjustment held a public hearing on the 1st day of March, 2000, to hear a request, from Shane and Kim Kelley, 305 McKenzie Drive, and John and Wendy Sarmento, 307 McKenzie Drive, (the "Applicants"), more particularly described as Lot 37, Block A, of Lakeside at Trophy Club, and Lot 36, Block B, of Lakeside at Trophy Club, Trophy Club, Texas, (the "Properties") seeking perimeter fence variances along the Roanoke/Trophy Club boundary at McKenzie Drive. WHEREAS, in accordance with State Law, the Comprehensive Zoning Ordinance, and the Rules of Procedure of the Board of Adjustment, notice of public hearing to consider the variances request was properly provided. WHEREAS, the Applicants are requesting perimeter fence variances along the Roanoke/Trophy Club boundary at McKenzie Drive and Planned Development#21 requires fences to be eight (8) feet in height. 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 variances and now makes and adopts this written Order confirming the same. NOW, THEREFORE, BE IT ORDERED BY THE BOARD OF ADJUSTMENT OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. That all of the above premises are found and determined to be true and correct and are incorporated into the body of this Order as if copied in their entirety. Section 2. That a special condition does exist with respect to the Properties, which causes unnecessary hardships. After due consideration and discussion, it appears that the granting of such variances would not cause adverse effect on the surrounding properties and would not be contrary to the public interest. Section 3. That according to the Rules of Procedure of the Board of Adjustment a concurring vote of four(4) members of the Board shall be necessary to grant any variance. The roll call vote to grant the requested variances was five (5) ayes and zero (0) nays. Section 4. That the request of the Applicants to this Board to grant a perimeter fence variance along the Roanoke/Trophy Club boundary at McKenzie Drive is hereby granted and to include: a. the rear fence height may be increased by four (4) feet at 305 and 307 McKenzie. More specifically, the rear fence at 305 and 307 McKenzie must be either eight (8)feet or twelve (12) feet in height. A fence of any other height will be in violation of the Zoning Ordinance. b. the side yard fence at 305 McKenzie on the south side of the lot at the rear be twelve (12) feet in height for fourteen (14) feet, and from fourteen (14) feet to thirty-eight(38)feet be a continuous taper down to six (6)feet in height. S:share/law_wp/municipal/trophy club/board of adj/order fence variance DULY PASSED AND ADOPTED by the Board of Adjustment of the Town of Trophy Club, Texas, on the 1st day of March, 2000. Approved: TChairman, Zo'ing Board of Adjustment own of Trophy Club, Texas Attest: OF 1RDpy/ �+ n 6 o �'� c Secretary a _ ZoningBoard of Ad]ustm,- nt (SEAL v /,‘ J Town of Trophy Club, Texas 97/(� ,°)� ARY1. u S:share/law_wp/municipal/trophy club/board of adj/order fence variance