11.24.1997 ZBA Minutes MINUTES OF WORKSHOP/PUBLIC HEARING/REGULAR SESSION
TOWN OF TROPHY CLUB
ZONING BOARD OF ADJUSTMENTS
November 24, 1997
The Zoning Board of Adjustments of the Town of Trophy Club,Texas met in a Workshop/Public
Hearing/Regular Session on November 24, 1997 at 7:00 P.M. in the Board Room,Trophy Club
Administration Building, 100 Municipal Drive,Trophy Club,Texas 76262.
BOARD MEMBERS PRESENT:
Jan Clinkenbeard Acting Chairperson
Pearl Ford Board Member
Bettye Dayton Alternate Board Member
Stuart Herigodt Alternate Board Member
BOARD MEMBERS ABSENT:
John Arnott Chairperson
Jeff Curry Board Member
Lou Vest Board Member
John Ward Board Member
Roger Unger Alternate Board Member
STAFF AND GUESTS PRESENT:
Cathy Morgas Recording Secretary
John Hill Attorney
Mike Hamper P&Z Chairman
Tom Eyeington Representative for NISD
WORKSHOP(6:30 P.M.-7:00 P.M.):
Attorney John Hill called the workshop to order at 6:35 p.m.
Attorney Hill reviewed the powers of the ZBA with the members.
ZONING BOARD OF ADJUSTMENTS TO ADJOURN WORKSHOP AND
CONVENE INTO A PUBLIC HEARING.
Board Member Ford moved to close the workshop at 6:58 p.m. Board Member Dayton seconded;
motion passed unanimously.
CALL TO ORDER AND ANNOUNCE A QUORUM:
Board Member Clinkenbeard called the Public Hearing to order at 7:00 p.m. and announced a quorum.
Page 2 Minutes of Workshop/Public Hearing/Regular Session November 24, 1997
PUBLIC HEARING
ZONING BOARD OF ADJUSTMENTS OF THE TOWN OF TROPHY CLUB,TEXAS TO
CONDUCT A PUBLIC HEARING TO CONSIDER THE APPLICATION#ZBA-97-01,LOT 1,
BLOCK 1,NISD EAST CAMPUS ADDITION FOR VARIANCE TO THE ZONING
ORDINANCE,SECTION 44(t)-SCREENING AND FENCING,PERIMETER FENCING:
Planning and Zoning Chairman,Mike Hamper, addressed the Board and indicated that the P&Z
recommends the variance be given. The original intent of the variance was to keep outside development
away from residential sections of Trophy Club. Chairman Hamper cited the following reasons to grant
the variance:
► P&Z recommends.
► General intent has been satisfied.
► Provision was created to be able to protect the residents of Trophy Club only.
► Marshall Creek Road is natural barrier.
► Marshall Creek Road will likely become a very busy roadway as the Town continues to grow.
► The P&Z has already approved the annexation of the land on the North side of Marshall Creek
Road.
► The Comprehensive Land Use Plan considers re-routing of Marshall Creek Road, as this area
develops.
NISD Representative,Tom Eyeington, addressed the Board and stated the same reasons as Chairman
Hamper for granting the variance;he then answered questions from the Board Members. In the
discussion that followed it was ascertained that a school's athletic fields are normally fenced in.
ZONING BOARD OF ADJUSTMENTS TO ADJOURN PUBLIC HEARING AND CONVENE
INTO REGULAR SESSION:
Board Member Ford moved to close the Public Hearing and reconvene into Regular Session at 7:40 p.m.
Alternate Board Member Herigodt seconded;motion passed unanimously.
REGULAR SESSION
DISCUSSION AND APPROPRIATE ACTION REGARDING APPLICATION#ZBA-97- 01
LOT 1,BLOCK 1,NISD EAST CAMPUS ADDITION FOR VARIANCE TO THE ZONING
ORDINANCE,SECTION 44(f)-SCREENING AND FENCING,PERIMETER FENCING:
Board Member Clinkenbeard re-stated the facts :
► What the applicant is asking for.
► Zoned R-12.
► Ordinance does set forth fence requirements for that particular district(the Town limit line).
► Applicant did request the variance in accordance with state law.
► Owner of property intends to construct a school on that property.
► Owners of adjacent properties were properly notified.
► Letter from John Harbin,Beck Properties,which owns the adjacent property,and he has no
objections.
► Briscoe Clark, owners of adjacent property have no objections to variance.
► Planning and Zoning Commission is in favor of the variance.
► Fence comes to within 300 feet of total property line.
► No requirement by ordinance to have fence within 300 feet of intersection.
Page 3 Minutes of Workshop/Public Hearing/Regular Session November 24, 1997
During discussion the following conclusions were reached:
• There will be no obstruction of the line of sight at the intersection.
► There is no resident/property owner objections.
► Perimeter fencing could be required even though a natural barrier is present.
• School site itself presents a special condition.
► A portion of the fence could be required versus a portion not required.
► This does not establish a precedence for future requests.
► Perimeter fencing should be consistent.
Following further discussion, Board Member Ford moved to grant the variance.Alternate Board
Member Herigodt seconded;motion failed due to the tie vote with Board Members Ford and Herigodt
voting for and Board Members Clinkenbeard and Dayton voting against. No order was entered by the
Board.
Following further discussion,requested by Board Member Clinkenbeard, it was brought out by P&Z
Chairperson Hamper that ornamental iron fencing cannot be allowed as perimeter fencing by ordinance.
The Zoning Ordinance states that: Perimeter Fencing:A decorative masonry or ornamental wall or fence
consisting of masonry post with sealed Western Red Cedar Welco wooden insets or equivalent, shall be
constructed on property lying along the perimeter Town Limits line of the Town in conjunction with
development of that property.
OTHER MATTERS THAT MAY COME BEFORE THE BOARD:
Alternate Board Member Herigodt moved to continue discussions at a future date asking school
representatives to address the safety issue. Board Member Ford seconded; motion passed unanimously.
Continuation date, including a public hearing,is December 18, 1997 at 7 p.m. in the boardroom of the
MUD building.
ADJOURN:
Board Member Ford moved to adjourn at 8:55 p.m. Board Member Dayton seconded;motion passed
unanimously.
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