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06.01.1998 ZBA Minutes MINUTES OF PUBLIC HEARING/REGULAR SESSION TOWN OF TROPHY CLUB ZONING BOARD OF ADJUSTMENTS June 1, 1998 The Zoning Board of Adjustments of the Town of Trophy Club,Texas met in a Public Hearing/Regular Session on June 1, 1998 at 7:00 P.M. in the Board Room,Trophy Club Administration Building, 100 Municipal Drive, Trophy Club,Texas 76262. BOARD MEMBERS PRESENT: Pearl Ford Acting Chairperson Bettye Dayton Alternate Board Member John Ward Alternate Board Member Roger Unger Alternate Board Member BOARD MEMBERS ABSENT: Stuart Herigodt Alternate Board Member STAFF AND GUESTS PRESENT: Cathy Morgas Recording Secretary Pam Liston Attorney Lance White 239 Oak Hill Dr. Michelle White 6 Michelle Ct. Cheryl Raper 3 Lake Forest Ct. Mike Thagard 4 Lake Forest Ct. Bonnie Van Sickle 1 Lake Forest Ct. CALL TO ORDER,ROLL CALL AND ANNOUNCE A QUORUM: Acting Chairperson Ford called the meeting to order at 7:05 p.m. and announced a quorum. APPOINTMENT OF SECRETARY DESIGNEE: Acting Chairperson Ford appointed Cathy Morgas as Secretary designee. No discussion,no dissension. REVIEW AND APPROVE MINUTES: - No minutes presented,no action taken. CALL NEW CASE LIST TO BE HEARD: 1. TO CONSIDER A REQUEST FOR A VARIANCE TO COMPREHENSIVE ZONING ORDINANCE #94-09, SECTION 15- 1,WHICH REQUIRES THAT ALL ATTACHED GARAGES SHALL NOT FACE ANY PUBLIC DEDICATED RIGHT-OF-WAY OR GOLF COURSE,WITH REGARDS TO LOT 95,LAKE ;- FOREST VILLAGE III, 5 LAKE FOREST CT. Page 2 ZBA Public Hearing June 1, 1998 Acting Chairperson Ford, asked for anyone who would like to testify before the Zoning Board of Adjustments to come forward to be sworn in. The following persons were sworn in by Acting Chairperson Ford: ► Lance White Owner, 5 Lake Forest Ct. ► Cheryl Raper 3 Lake Forest Ct. ► Mike Thagard 4 Lake Forest Ct. ► Bonnie Van Sickle 1 Lake Forest Ct. RECESS FROM REGULAR SESSION: The Board recessed at 7:07 p.m. ZONING BOARD OF ADJUSTMENTS TO HOLD A PUBLIC HEARING RELATIVE TO THE FOLLOWING: 1. TO CONSIDER A REQUEST FOR A VARIANCE TO COMPREHENSIVE ZONING ORDINANCE#94-09, SECTION 15- 1,WHICH REQUIRES THAT ALL ATTACHED GARAGES SHALL NOT FACE ANY PUBLIC DEDICATED RIGHT-OF-WAY OR GOLF COURSE,WITH REGARDS TO LOT 95,LAKE FOREST VILLAGE III, 5 LAKE FOREST CT. The Board convened into a Public Hearing at 7:07 p.m. CITIZEN PRESENTATIONS: Acting Chairperson Ford explained the format to be followed;presentations from staff, presentation from the owner, and then presentations from others. Acting Chairperson Ford read, for the record, a letter from Town Planner, Dan Boutwell. See attached letter. There were no other staff presentations. Owner, Lance White, gave a brief presentation. Alternate Board Member Dayton asked Mr. White, " is the lot to your immediate west a buildable lot and if so,would the trees be maintained?". Mr. White explained that the lot is buildable but very short and the tree line would be maintained. Alternate Board Member Unger asked Mr. White, " is this a custom designed home?" To which Mr. White acknowledged it was. Mr. Unger then asked"what is your roof?" Mr. White explained it has 3 gables. Mr. Unger asked what the pitch of the roof was,Mr. White answered 12/12, 14/12 in some locations. Mr. Unger then asked what the total square footage was, Mr. White answered"2500 square feet." Page 3 ZBA Public Hearing June 1, 1998 There were no further questions from the Board at this time. Acting Chairperson Ford asked for testimony from those people that were sworn in earlier. Cheryl Raper, 3 Lake Forest Ct., stated to the Board the reason they chose this area was that did front facing garages were not allowed. She also expressed concerned about maintaining the higher home valuations. She requests that the garage be a rear entry garage and to deny the variance. Mike Thagard, 4 Lake Forest Ct., stated he has the same concerns that Mrs. Raper has. He also stated he can see the garage from his property. Bonnie Van Sickle, 1 Lake Forest Ct., stated she was also concerned about her property valuation. She asked Mr. White how long he planned to live in this house. Mr. White answered "forever." Acting Chairperson Ford, read into the record a letter from Beck Properties, Inc., see attached letter. Due to a typographic error in the letter the Attorney Pam Liston recommended to receive the letter into the record contingent on the correction of the typographic error to reflect the lot as "lot 95". Mr. White asked to address the Board again. He explained that if he does not receive the variance, he would build a detached garage that faces the street and bring it up to the 45 foot line, that the Zoning Ordinance allows. ZONING BOARD OF ADJUSTMENTS TO CLOSE PUBLIC HEARING AND RECONVENE INTO REGULAR SESSION: There being no further business to conduct for the Public Hearing,Alternate Board Member Unger moved to close the Public Hearing and reconvene into Regular Session at 7:31 p.m. Alternate Board Member Dayton seconded;motion passed unanimously. THE ZONING BOARD OF ADJUSTMENTS WILL CONSIDER AND TAKE APPROPRIATE ACTION REGARDING A REQUEST FOR A VARIANCE TO COMPREHENSIVE ZONING ORDINANCE#94-09,SECTION 15-I,WHICH REQUIRES THAT ATTACHED GARAGES SHALL NOT FACE ANY PUBLIC DEDICATED RIGHT-OF-WAY OR GOLF COURSE,WITH REGARDS TO LOT 95,LAKE FOREST VILLAGE III,5 LAKE FOREST CT. : Following discussion,Alternate Board Member Dayton moved to grant the variance as requested by Mr. Lance White, 5 Lake Forest Ct. Alternate Board Member Ward seconded;motion passed unanimously. OTHER MATTERS THAT MAY COME BEFORE THE BOARD: There will be a workshop followed by a special session on July 9, 1998. Page 4 ZBA Public Hearing June 1, 1998 ADJOURN: There being no further business,Alternate Board Member Unger moved to adjourn the meeting at 8:00 p.m. Alternate Board Member Ward seconded;motion passed unanimously. Pearl Ford,Acting ChairpersonAlpidF oft oloy As Cathy Mor s, Secretary De ignee 07/07/98 klm MIFiG :ouzo 1161 S.W.Wilshire Blvd. Suite119 M Burleson,TX 76028 Municipal Planning Resources Group, Inc. Tele:(81 n 295 2700 Fax:(817)295-3049 MEMORANDUM TO: Cathy Morgas,Planning and Zoning Administrator FROM: Dan C.Boutwell,AICP DATE: May 21, 1998 RE: Variance for No.5 Lake Forest Ct--Front facing garage The applicant is requesting a variance to the zoning ordinance regulations that prohibits garages from facing the front street. This regulation is applicable to all attached garages. However, the intent of the regulation is that it will prevent garages that are located on the front building line from facing the front and by so doing create an unsightly condition. The zoning ordinance makes a -' provision for detached garages to face the street if said detached garage is located 45 feet or more from the front property line. This separation of space would provide a mitigating condition to the unsightly garage located on the building line. We feel that the following conditions are unique to this lot: 1. It must be noted that the applicant's attached garage is located 75 feet from the front building line. 2. The garage also does not squarely face the street but is angled such that it does not permit a direct view from the street. 3. The lot on which this house is built is a cul-de-sac lot,which does not have the same front street exposure that typical rectangle lots have. The front building line is only 47 feet in width. 4. There is no drive-by traffic on this lot. Generally,. ie only traffic on this street are those vehicles that have a destination in the cul-de-sac. Because of these issues and more particularly because of the 75 feet of separation from the front property line,we feel that the Zoning Board of Adjustment could find that this case exhibits unique characteristics that warrant a variance due to hardship. We feel that the possible findings of the ZBA could include: TRO9706GEN(J269) Variance Request May 21, 1998 Page 2 of 2 1. Although the applicant has the ability to select a different floor plan, the shape of the cul- de-sac lot prevent additional maneuvering area to negotiate a side entry garage. Therefore the condition is beyond his control and is not self-imposed. 2. The applicant is not requesting privileges that have been denied to others; and the applicant may be denied privileges that have been provided to others. Other garages that set back 45 feet or further have been permitted to face the street by right, albeit, that they are detached and not attached. 3. The request of the applicant will not compromise the intent of the zoning ordinance by permitting a front facing garage that is located 75 feet from the property line because the ordinance already permits detached garages to face the front if they are located 45 feet from the property line. If you have any comments or questions please do not hesitate to contact me. TRO9706GEN(J269)