03.01.2000 ZBA Minutes MINUTES OF THE
SPECIAL MEETING/PUBLIC HEARING
TOWN OF TROPHY CLUB
ZONING BOARD OF ADJUSTMENTS
MARCH 1,2000
The Zoning Board of Adjustments of the Town of Trophy Club, Texas met in a Special Meeting/
Public hearing on March 1, 2000 at 4:00 p.m. in the Board Room, 100 Municipal Drive, Trophy
Club, Texas 76262.
Board Members Present:
Pearl Ford Chairman
Bettye Dayton Board Member
David Henry — Alternate Board Member
Stuart Herigot Board Member
Roger Unger — Board Member
Board Members Absent:
John Ward Board Member
Player"Bud" Cook Alternate Board Member
Staff and Guest(s)Present:
Jerri Hill Zoning Board of Adjustments Administrator
Mike Hamper Chairman, Planning and Zoning
Cathy Morgas Planning Director
Tiffany Haertling Town Attorney(arrived at 4:15 p.m.)
Shane and Kim Kelley Residents, 305 McKenzie Drive
AGENDA
Call to order, roll call and announce a quorum:
Chairman Ford called the meeting to order at 4:04 p.m. Jerri Hill,ZBA Administrator,took roll call
and announced a quorum.
Review and approve minutes of September 9, 1999:
Board Member Dayton moved to approve the minutes of September 9, 1999;Board Member Henry
seconded. Motion passed by a vote of four to zero,with Board Member Unger abstaining.
Call new case to be heard.
A. To hear a request from the owners of 305 McKenzie Drive and 307 McKenzie
Drive requesting a parameter fence variance along the Roanoke/Trophy Club
boundary at McKenzie Drive.
Chairman Ford stated the required notifications were given, and the case was ready for public
hearing. Shane Kelley, Kim Kelley and Cathy Morgas were sworn in as witnesses.
Page 2 ZBA Special Meeting/Public Hearing March 1,2000
Recess from Special Session.
The Board recessed into public hearing.
PUBLIC HEARING
Zoning Board of Adjustments to hold a Public Hearing relative to the following:
A. To hear a request from the owners of 305 McKenzie Drive and 307 McKenzie
Drive requesting a parameter fence variance along the Roanoke/Trophy Club
boundary at McKenzie Drive.
Shane Kelley presented his case with exhibits.
Board Members questioned Mr. Kelley.
Kim Kelley presented her case with exhibits.
Board Members questioned Mrs. Kelley.
Cathy Morgas, Planning Director, recommended the Zoning Board of Adjustments approve the
variance with the following stipulations:
1. Parallel fencing is not allowed in the Town of Trophy Club.
2. Staff is recommending that the fence height be allowed to be increased to 10 foot;however,
anything over 8 feet,must be engineered at the owner's expense.
3. All new fencing should be in accordance to requirements listed in PD#12, except for the
height of the fence.
Chairman Ford stated just for clarification that the Board can do two things: 1)first determine if a
special condition exists, and 2) based on determining whether a special condition exists,then the
Board can vote to grant or not grant the variance. The variance, in itself, does not obviate or
eliminate any of the other Ordinances of the Town. The applicant will still have to comply with the
Ordinances of the Town.
The Board questioned Ms. Morgas.
Mr. Kelly offered a rebuttal.
Board members questioned Mr. Kelly.
For the record, the Board is to grant a variance for the height of the fence only. Any of the other
ordinances of the Town for that PD and Town will be applicable to the fence.
Zoning Board of Adjustments to close Public Hearing and reconvene into Special Session:
Board Member Unger moved to close the public hearing;Board Member Dayton seconded;motion
passed unanimously.
Page 3 'ZBA Special Meeting/Public Hearing March 1,2000
SPECIAL SESSION:
Zoning Board of Adjustments will consider and take appropriate action regarding a request
from the owners of the 305 McKenzie Drive and 307 McKenzie Drive requesting parameter
fence variance along the Roanoke/Trophy Club boundary at McKenzie Drive:
Chairman Ford asked the Board if a special condition exists. Board Member Unger stated that he
believes that a special condition does exists based on the fact that what has occurred has occurred
outside of the applicant's and Trophy Club's spear of control.The original plans for the highway to
be four feet lower. Board Member Unger moved that a special condition does exist addressed 305
and 307 McKenzie Drive with respect to their rear fencing. Board Member Henry seconded the
motion. A roll call vote was held and the motion passed by a vote of five (5)to zero (0).
Board Member Unger made the motion to grant a variance to 305 and 307 McKenzie with a rear
fence of height extension of four feet only;additionally the 305 McKenzie variance will also apply
to the southside fence not to exceed intrusion into the lot of 38 feet. Board Member Herigot
seconded the motion.
Board Member Herigot withdrew his second and Board Member Unger withdrew his motion.
Board Member Unger made the motion to grant a variance to 305 and 307 McKenzie with a rear
fence height extension of four feet only. Board Member Dayton seconded the motion. A roll vote
was taken and the motion passed by a vote of five (5) to zero (0).
Board Member Unger made the motion to grant a variance to 305 McKenzie that the side yard fence
on the south side at the lot at the rear be 12 feet in height for 14 feet, and from 14 to 38 feet be a
continuous taper down to six foot in height. Board Member Henry seconded the motion. A roll call
vote was taken and the motion passed by a vote of five (5)to zero (0).
Chairman Ford stated that the Order will be issued within ten days.
Other matters that may come before the Board:
Chairman Ford asked if there were other matters to come before the Board. Jerri Hill, ZBA
Administrator, stated that a joint meeting was requested between Planning and Zoning and the
Zoning Board of Adjustment and asked when the Board members would be available for that
meeting. Mike Hamper, Planning and Zoning Chairman, stated that this would be a workshop
between the two committees and Planning and Zoning workshops are held on the 1st meeting of the
month. All Board members are to inform Jerri Hill of their availability to attend a workshop on the
1st Thursday in April.
Page 4 ZBA Special Meeting/Public Hearing March 1,2000
Adjourn:
Board Member Dayton moved to adjourn at 5:15 p.m.; Board Member Henry seconded. Motion passed
unanimously.
Can
411/4,
Attest:
AL fCAV
Diane Cockrell, ting P&Z
Administrator
MO1Mar2000