Order No. ZBA 2001-01 ORDER OF THE BOARD OF ADJUSTMENT
OF THE TOWN OF TROPHY CLUB
ORDER NO. ZBA-2001-01
WHEREAS, the Board of Adjustment held a public hearing on the 13th day of September 2001,
to hear a request from Stature Builders, L.P. (hereinafter "Applicant") relative to the property located at
2 Brookhollow Lane, Trophy Club, Texas, more particularly described as Lot 122, Lake Forest Village,
Phase 3, an Addition to the Town of Trophy Club, Denton, County, Texas (hereinafter Property). The
applicant was seeking a variance to Section 15(F) of the Town of Trophy Club Comprehensive Zoning
Ordinance No. 2000-06 P&Z, establishing minimum square footage for a corner lot in a residential
district zoned R-12, and was also seeking an appeal of a Stop Work Order issued by the Town's
Building Official on August 7, 2001; and
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 variance
request was properly provided; and
WHEREAS, the Applicant was requesting that the Board of Adjustment grant it relief from the
provisions of section 15(F) of the Comprehensive Zoning Ordinance by authorizing a variance to the
Area Regulations for the minimum floor area required for a residence located on a corner lot from the
2,500 square foot requirement contained in Section 15(F), to 2,284 square feet; and
WHEREAS, the Applicant was also requesting that the Board of Adjustment grant it relief from
a Stop Work Order issued by the Town on August 7, 2001, by lifting that Stop Work Order and allowing
them to proceed with the construction of the house on the Property; 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 request for variance and other requested relief 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 Applicant's request for a variance to the applicable square footage
requirement of Section 15(F) of the Town of Trophy Club Comprehensive Zoning Ordinance No.
2000-06 P&Z is hereby denied. The Applicant did not demonstrate that any special condition(s)
existed upon the Property which would support the granting of a variance from the terms of the
Ordinance. The basis for the hardship identified by the Applicant was of strictly a financial or economic
nature. According to the Applicant's testimony, there were no physical limitations on the Property that
would have prevented the addition of the square footage required by the Town's Ordinance.
Therefore, based upon the facts and information presented, the Board determined that the literal
enforcement of the provisions of the Ordinance did not create an unnecessary hardship.
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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 deny the request for variance was four (4) ayes and zero (0) nays.
Section 4. That the Applicant's appeal for relief from the Stop Work Order issued by the
Town on August 7, 2001, halting all work on the Property, is hereby denied. Based upon the facts and
evidence presented, the Board did not find that the Building Official made an error in his determination
to issue a Stop Work Order in order to enforce the Comprehensive Zoning Ordinance. To lift the Stop
Work Order without granting a variance would lead to an inconsistent result because it would authorize
the construction of a building in violation of the Town's Comprehensive Zoning Ordinance.
Additionally, by the terms of the permit application and by signature of that application, the Applicant
accepted and acknowledged his responsibility for knowledge of and compliance with the requirements
of the Town's Comprehensive Zoning Ordinance.
Section 5. 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 relief. The roll call vote to
deny the request to lift the Stop Work Order was four (4) ayes and zero (0) nays.
Section 6. That the September 13, 2001 proceedings before the Zoning Board of
Adjustment were reported stenographically by Audra B. Paty, Certified Shorthand Reporter, that the
original transcript of the Hearing, identified as Exhibit "A", is attached hereto and incorporated herein
as if written word for word, and that the minutes of the meeting, identified as Exhibit "B", are also
attached hereto and incorporated herein as if written word for word.
DULY PASSED AND ADOPTED by the Board of Adjustment of the Town of Trophy Club,
Texas, on the 13th day of September, 2001.
Approved:
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Chair l�' ".•"o • o A djustment
Town of Trophy Club, Texas
Attest:
"Recording Secretary
Zoning Board of Adjustment (SEAL)
Town of Trophy Club, Texas
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