Agenda Packet ZBA 02/11/2016
2& 345#67+8#9 -!-!/,
!"#$#%&' ()#*+
,)-%./ 0'!12 ,+3&4 56767
://-! "#)"/ '%
! "#$ %&'# (#)'*+,-./ -#0 $)1
24+&,'%5 #B/8&+%&5#CC #D@C>>?@@#A:;< &/#:+ !=!3%7#$+!7'! "#$ %&'& .
6)EE#2F#FGH9G#)IH#)IIFJI69#)#KJFGJ:
6L2L 9I#AG9;9I2)2LFI;
!"#$%&!$%''()!*$+(,&$-./$0 ", !#$ ($%**&!##$ 1!$2(%&*$&!3%&* "3$%"$ !0$(4!&$
)1 51$ 1!$2(%&*$1%#$6(' 57$(&$(4!&# 31 $%, 1(& 7$%#$6&(4 *!*$87$9!:%#$'%);$ 1!$! 1 5#$
(&*!&;$(&$( 1!&$6(' 57$(&*!&<
G9MJE)G#;9;;LFI
CN
0-"4#8+) &"8 9&:+ &%%)-%)#&9+ &$9#-" )+;&)8#"; 9.+ &)$. 52 7 < =-"#"; >-&)8 -?
D@C>OPQO2
@8A!49B+"9 B#"!9+4C
!"#$ %&
D 57 < =>@ #"!9+4C(E@F,C%8?
DN
0-"4#8+) &"8 9&:+ &%%)-%)#&9+ &$9#-" )+;&)8#"; 9.+ @%)#' <2 7 < =-"#"; >-&)8 -?
D@C>OPRO2
@8A!49B+"9 B#"!9+4C
!"#$ %&
G <7 < =>@ #"!9+4C(E@F,C%8?
SN
0-"4#8+) &"8 9&:+ &%%)-%)#&9+ &$9#-" )+;&)8#"; 9.+ H+%9+B1+) 2 7 < =-"#"; >-&)8
D@C>OP>O2
-? @8A!49B+"9 B#"!9+4C
!"#$ %&
I 7 < =>@ #"!9+4C(E@F,C%8?
QN
0-"4#8+) &"8 9&:+ &%%)-%)#&9+ &$9#-" )+;&)8#"; 9.+ H+%9+B1+) 7J2 7 < =-"#"; >-&)8
D@C>OPPO2
-? @8A!49B+"9 B#"!9+4C
!"#$ %&
I7J7 < =>@ #"!9+4C(E@F,C%8?
RN
0-"4#8+) &"8 9&:+ &%%)-%)#&9+ &$9#-" )+;&)8#"; 9.+ K-*+B1+) 72 7 < =-"#"; >-&)8
D@C>OPTO2
-? @8A!49B+"9 B#"!9+4C
!"#$ %&
77 < =>@ #"!9+4C(E@F,C%8?
Zoning Board of Adjustment (ZBA)Page 1 of 35February 11, 2016
! "#$ %&'# (#)'*+,-./ -#0 $)1://-! "#)"/ '%B/8&+%&5#CC #D@C>
>N
(#4$!44#-" &"8 9&:+ &%%)-%)#&9+ &$9#-" )+;&)8#"; & )+L!+49 ?-) & H%+$#&' M3$+%9#-" 9-2
D@C>OPUO2
0.&%9+) DN0-B%)+.+"4#*+ =-"#"; O)8#"&"$+2 @)9#$'+ 52 H+$9#-" 5C P0Q7 N )+;&)8#";
9.+ $-"49)!$9#-" -? & ?+"$+ R#9.#" 9.+ 4#8+ /&)8 1!#'8#"; 4+91&$: &'-"; 9.+ 49)++92 1+#";
'-$&9+8 &9 D<5 >+$:+9 S'&$+2 ,)-%./ 0'!12 ,TC
!"#$ %&
@;+"8& >)#+?#";C%8?
M3.#1#9 @C%8?
M3.#1#9 >C%8?
)HVFJGI
#W2X9#$F)GH#:)Y#6FIZ9I9#LI2F#9\[96J2LZ9#;9;;LFI#2F#HL;6J;;#AF;29H#
L29:;#);#)EEF\\9H#$Y#2X9#29\[);#FA9I#:992LIM;#)62 #29\[);#EF6)E#
MFZ9GI:9I2#6FH9#RRCN@PCN
I -!=/#!,#4/&/85#"!</ #-4%-#%#\]+ &+.# (#-4/#2 ^ #6 + =!7#.%5#8/#! #%--/ '% =/#%-#
-4!,#.//-! "N
69G2LBL6)2LFI
L#=/&-!(5#-4%-#-4/#%8 </# -!=/#^%,#3 ,-/'# #-4/#(& -#^! ' ^# (#-4/#;< &/#:+ !=!3%7#
$+!7'! " #C@@#:+ !=!3%7#H&!</ #2& 345#67+8 #2/_%, # #B/8&+%&5#R #D@C>#85#R?@@#AN:N#
! #%== &'% =/#^!-4#64%3-/&#RRC #2/_%,#M </& ./ -#6 '/N
G 88!/#`!77! ",^ &-4
L(#5 +#37% #- #%--/ '#-4!,#3+87!=#.//-! "#% '#4%</#%#'!,%8!7!-5#-4%-#&/\]+!&/,#,3/=!%7#
//', #37/%,/#= -%=-#-4/#2 ^ #;/=&/-%&5a,#F((!=/#%-#>TDOTSCOQ>@@ #QT#4 +&,#! #
%'<% =/#% '#&/%, %87/#%== .. '%-! ,#^!77#8/#.%'/#- #%,,!,-#5 +N
L#=/&-!(5#-4%-#-4/#%--%=4/'# -!=/#% '#%"/ '%# (#!-/.,#- #8/#= ,!'/&/'#85#-4!,#$ %&'#
^%,#&/. </'#85#./#(& .#-4/#(& -#^! ' ^# (#-4/#;< &/#:+ !=!3%7#$+!7'! " #C@@#
:+ !=!3%7#H&!</ #2& 345#67+8 #2/_%, # #-4/#bbbbbbbbbb#'%5# (#
bbbbbbbbbbbbbbbbbbbbbb #D@C>N
bbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbb #2!-7/?#bbbbbbbbbbbbbbbbbbbbbbbbbbb
Zoning Board of Adjustment (ZBA)Page 2 of 35February 11, 2016
Trophy Club Entities 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2016-74-T Version:1 Name:
Type:Agenda Item Status:Regular Session
File created:2/5/2016 In control:Zoning Board of Adjustment (ZBA)
On agenda:2/11/2016 Final action:
Title:Consider and take appropriate action regarding the March 17, 2015 Zoning Board of Adjustment
minutes.
Attachments:03172015 ZBA Minutes.DRAFT.pdf
DateVer.Action ByActionResult
Consider and take appropriate action regarding the March 17, 2015 Zoning Board of Adjustment minutes.
Zoning Board of Adjustment (ZBA)Page 3 of 35February 11, 2016
Trophy Club Entities
100 Municipal Drive
Trophy Club, Texas 76262
Meeting Minutes
Zoning Board of Adjustment (ZBA)
______________________________________________________________________
Tuesday, March 17, 2015 4:00 P.M. Public Services Conference Room
______________________________________________________________________
CALL TO ORDER, ROLL CALL, AND ANNOUNCE A QUORUM
Chairman Robert Radder called to order the Zoning Board of Adjustment meeting for Tuesday, March 17,
2015, at 4:00 p.m. and announced that a quorum (7 members) werepresent. He explained the order of
the meeting to those present.
Present:5- Chairman Robert Radder, Board Member Biggs, Board Member Boomsma, Board
Chairman Robert Radder, Board Member Biggs, Board Member Boomsma, Board Chairman Robert Radder, Board Member Biggs, Board Member Boomsma, Board
Member Opipare, Board Member Hennig, Alternate Board Member Beach,
Member Opipare, Board Member Hennig, Alternate Board Member Beach, Member Opipare, Board Member Hennig, Alternate Board Member Beach,
Alternate Board Member Vogt
Absent:2- Alternate Board Member Arnott, Alternate Board Member Barber
Alternate Board Member Arnott, Alternate Board Member BarberAlternate Board Member Arnott, Alternate Board Member Barber
STAFF AND GUEST(S) PRESENT:
Ron Ruthven Interim Town Planner
Interim Town PlannerInterim Town Planner
Robbie Killingsworth Recording Secretary
Recording SecretaryRecording Secretary
Ryan Dealey, Applicant Ashton Woods Homes
Ashton Woods HomesAshton Woods Homes
Kevin McCollough Applicant, 344 Dover Lane, Trophy Club, TX.
Applicant, Applicant, 344 Dover Lane, Trophy Club, TX.344 Dover Lane, Trophy Club, TX.
Greg Lamont Mayor Pro Tem, Place 5
Mayor Pro Tem, Place 5Mayor Pro Tem, Place 5
Philip Shoffner Town Council Member, Place 6
Town Council Member, Place 6Town Council Member, Place 6
Dennis Sheridan Planning and Zoning Chairman
Planning and Zoning ChairmanPlanning and Zoning Chairman
REGULAR SESSION
2015-0189-T Consider and take appropriate action regarding a request for a Special Exception
toChapter 13-Comprehensive Zoning Ordinance, Article 7, Section 7.01(C)3,
regarding the construction of a parallel fence, being located at 651 Indian Creek
Drive, TrophyClub, TX.
Motion made by Board Member Boomsma, seconded by Board Member Henning, to approve a request
for a Special Exceptionsubject to the following conditions:
\[1\] Maintenance of all nuisances, including vegetation, within the gap area shall be the
responsibility of the subject property owner.
\[2\] A gate shall be built into the fence allowing access for maintenance purposes to the
gap area. The owner of the masonry fence shall have access to said gate for any
needed fence maintenance.
Zoning Board of Adjustment (ZBA)Page 4 of 35February 11, 2016
\[3\] Rock material shall be added to the gap area such that growth from grass and weeds
within the gap area is kept to a minimum.
The votecarried by the following vote:
Aye: 4 Chairman Radder, Board Member Biggs, Board Member Boomsma,
Board Member Hennig
Against: 1 Board Member Opipare
Special Exception GRANTED
Action is final.
2015-0190-T Consider and take appropriate action regarding a request for a Special Exception
Consider and take appropriate action regarding a request for a Special Exception Consider and take appropriate action regarding a request for a Special Exception
to,Chapter 13-Comprehensive Zoning Ordinance, Article 7, Section 7.01(C)1 –
Comprehensive Zoning Ordinance, Article 7, Section 7.01(C)1 Comprehensive Zoning Ordinance, Article 7, Section 7.01(C)1
regardingthe construction of a fence and gate along the front elevation of the
the construction of a fence and gate along the front elevation of the the construction of a fence and gate along the front elevation of the
primary structure,being located at 344 Dover Lane, Trophy Club, TX.
being located at 344 Dover Lane, Trophy Club, TX.being located at 344 Dover Lane, Trophy Club, TX.
Motion made by Board Member Opipare, seconded by Board Member Henning,to approve a request for
Motion made by Board Member Opipare, seconded by Board Member Henning,Motion made by Board Member Opipare, seconded by Board Member Henning,
a Special Exceptionas presented. Motion passed unanimously.
unanimously.unanimously.
Motion passed Motion passed
Special Exception GRANTED
Action is final.
ADJOURN
Motion made by Board Member Opipare, seconded by Board Member Biggs,to adjourn. Motion carried
Motion made by Board Member Motion made by Board Member OpipareOpipare
unanimously. Meeting adjourned at 5:07p.m.
unanimously. Meeting adjourned at unanimously. Meeting adjourned at
5:5:
______________________________________________________________________
Robert Radder, ChairmanRobbie Killingsworth, Recording Secretary
Zoning Board of AdjustmentCommunity Development
Town of Trophy Club, Texas Town of Trophy Club, Texas
March 17, 2015 ZBA Minutes Page 2 of 2
Zoning Board of Adjustment (ZBA)Page 5 of 35February 11, 2016
Trophy Club Entities 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2016-75-T Version:1 Name:
Type:Agenda Item Status:Regular Session
File created:2/5/2016 In control:Zoning Board of Adjustment (ZBA)
On agenda:2/11/2016 Final action:
Title:Consider and take appropriate action regarding the April 15, 2015 Zoning Board of Adjustment
minutes.
Attachments:04152015 ZBA Minutes.DRAFT.pdf
DateVer.Action ByActionResult
Consider and take appropriate action regarding the April 15, 2015 Zoning Board of Adjustment minutes.
Zoning Board of Adjustment (ZBA)Page 6 of 35February 11, 2016
Trophy Club Entities
100 Municipal Drive
Trophy Club, Texas 76262
Meeting Minutes
Zoning Board of Adjustment (ZBA)
______________________________________________________________________
Wednesday, April 15, 2015 6:00 P.M. Svore Municipal Building
______________________________________________________________________
CALL TO ORDER, ROLL CALL, AND ANNOUNCE A QUORUM
Acting Chairman Lou Opipare called to order the Zoning Board of Adjustment meeting for
Wednesday, April 15, 2015, at 6:00 p.m. and announced that a quorum (5 members) were
present. He explained the order of the meeting to those present.
Present: 5 - Acting Chairman Opipare, Board Member Biggs, Board Member
5 - Acting Chairman Opipare, Board Member Biggs, Board Member 5 - Acting Chairman Opipare, Board Member Biggs, Board Member
Hennig, Alternate Board Member Arnott, Alternate Board Member Beach
ig, Alternate Board Member Arnott, Alternate Board Member Beach ig, Alternate Board Member Arnott, Alternate Board Member Beach
Absent: 1 - Chairman Radder, Board Member Boomsma, Alternate Board Member Barber, Alternate
Chairman Radder, Board Member Boomsma, Alternate Board Member Barber, Alternate Chairman Radder, Board Member Boomsma, Alternate Board Member Barber, Alternate
Board Member Vogt
STAFF AND GUEST(S) PRESENT:
Ron Ruthven Interim Town Planner
Ron Ruthven Interim Town Planner
Ron Ruthven Interim Town Planner
Robbie Killingsworth Recording Secretary
Robbie Killingsworth Recording Secretary Robbie Killingsworth Recording Secretary
James Sluder Applicant, 342 Dover Lane, Trophy Club, TX
James Sluder Applicant, 342 Dover Lane, Trophy Club, TX James Sluder Applicant, 342 Dover Lane, Trophy Club, TX
First Texas Homes, Inc. Property Owner, 342 Dover Lane, Trophy Club, TX
First Texas Homes, Inc. Property Owner, 342 Dover Lane, Trophy Club, TX First Texas Homes, Inc. Property Owner, 342 Dover Lane, Trophy Club, TX
Fred Freeland Applicant, 366 Dover Lane, Trophy Club, TX
Fred Freeland Applicant, 366 Dover Lane, Trophy Club, TX Fred Freeland Applicant, 366 Dover Lane, Trophy Club, TX
Ashton Woods Homes Property Owner, 366 Dover Lane, Trophy Club, TX
Ashton Woods Homes Property Owner, 366 Dover Lane, Trophy Club, TX Ashton Woods Homes Property Owner, 366 Dover Lane, Trophy Club, TX
REGULAR SESSSION
REGULAR SESSSION REGULAR SESSSION
2015-0252-T Consideration of a request for a Special Exception to, Chapter 13-Comprehensive
-0252-T Consideration of a request for a Special Exception to, Chapter 13-Comprehensive -0252-T Consideration of a request for a Special Exception to, Chapter 13-Comprehensive
Zoning Ordinance, Article 7, Section 7.01(C)2 - regarding the construction of a
Zoning Ordinance, Article 7, Section 7.01(C)2 - regarding the construction of a Zoning Ordinance, Article 7, Section 7.01(C)2 - regarding the construction of a
fence within the side yard building setback along the street, being located at 342
fence within the side yard building setback along the street, being located at 342 fence within the side yard building setback along the street, being located at 342
Dover Lane, Trophy Club, TX.
Motion made by Alternate Board Member Arnott, seconded by Board Member Biggs, to approve a
request for a Special Exception subject to the following condition:
The fence may encroach \[20\] twenty feet into the \[20\] twenty foot setback.
Motion passed unanimously.
Special Exception GRANTED
Action is final.
Zoning Board of Adjustment (ZBA)Page 7 of 35February 11, 2016
2015-0253-T Consideration of a request for a Special Exception to, Chapter 13-Comprehensive
Zoning Ordinance, Article 7, Section 7.01(C)2 regarding the construction of a
fence within the side yard building setback along the street, being located at 366
Dover Lane, Trophy Club, TX.
Motion made by Board Member Biggs, seconded by Alternate Board Member Arnott, to approve the
request for a Special Exception subject to the following condition:
The fence cannot exceed \[6\] six feet in height.
Motion passed unanimously.
Special Exception GRANTED
Action is final.
ADJOURN
Motion made by Board Member Hennig, seconded by Alternate Board Member Arnott, to adjourn. Motion
Motion made by Board Member Hennig, seconded by Alternate Board Member Arnott, to adjourn. Motion Motion made by Board Member Hennig, seconded by Alternate Board Member Arnott, to adjourn.
Motion
carried unanimously. Meeting adjourned at 6:26 p.m.
p.m.
___________________________________ ___________________________________
___________________________________ ___________________________________
Lou Opipare, Acting Chairman Robbie Killingsworth, Recording Secretary
Acting Chairman Acting Chairman
Zoning Board of Adjustment Community Development
Zoning Board of Adjustment Zoning Board of Adjustment
Town of Trophy Club, Texas Town of Trophy Club, Texas
April 15, 2015 ZBA Minutes Page 2 of 2
Zoning Board of Adjustment (ZBA)Page 8 of 35February 11, 2016
Trophy Club Entities 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2016-76-T Version:1 Name:
Type:Agenda Item Status:Regular Session
File created:2/5/2016 In control:Zoning Board of Adjustment (ZBA)
On agenda:2/11/2016 Final action:
Title:Consider and take appropriate action regarding the September 10, 2015 Zoning Board of Adjustment
minutes.
Attachments:09102015 ZBA Minutes.DRAFT.pdf
DateVer.Action ByActionResult
Consider and take appropriate action regarding the September 10, 2015 Zoning Board of Adjustment minutes.
Zoning Board of Adjustment (ZBA)Page 9 of 35February 11, 2016
Trophy Club Entities
100 Municipal Drive
Trophy Club, Texas 76262
Meeting Minutes
Zoning Board of Adjustment (ZBA)
______________________________________________________________________
Thursday, September 10, 2015 6:00 P.M. Public Services Conference Room
______________________________________________________________________
CALL TO ORDER, ROLL CALL, AND ANNOUNCE A QUORUM
Chairman Rader called to order the Zoning Board of Adjustment meeting for Thursday,
September 10, 2015, at 6:03 p.m. and announced that a quorum (6 members) were present. He
explained the order of the meeting to those present.
Present: 5 - Chairman Rader, Board Member Opipare, Board Member Hennig, Board Member Biggs,
- Chairman Rader, Board Member Opipare, Board Member Hennig, Board Member Biggs, - Chairman Rader, Board Member Opipare, Board Member Hennig, Board Member Biggs,
Alternate Board Member Arnott, Alternate Board Member Vogt
Alternate Board Member Arnott, Alternate Board Member Vogt Alternate Board Member Arnott, Alternate Board Member Vogt
Absent: 3 - Board Member Boomsma, Alternate Board Member Barber, Alternate Board Member
- Board Member Boomsma, Alternate Board Member Barber- Board Member Boomsma, Alternate Board Member BarberAlternate Board Member
,
,
Beach
Four board members are required to constitute a quorum. The state requires four affirmative votes to
Four board members are required to constitute a quorum. The state requires four affirmative votes to Four board members are required to constitute a quorum. The state requires four
affirmative votes to
approve a variance. Two alternate Zoning Board of Adjustment board members will be voting today.
approve a variance. Two alternate Zoning Board of Adjustment board members will be voting today. approve a variance. Two alternate Zoning Board of Adjustment board members will be
voting today.
STAFF AND GUEST(S) PRESENT:
Ron Ruthven Town Planner
Ron Ruthven Town Planner Ron Ruthven Town Planner
Robbie Killingsworth Recording Secretary
Robbie Killingsworth Recording Secretary Robbie Killingsworth Recording Secretary
Tom & Rhonda Bellm Applicant, 300 Tait Court, Trophy Club, TX
Tom & Rhonda Bellm Applicant, 300 Tait Court, Trophy Club, TX Tom & Rhonda Bellm Applicant, 300 Tait Court, Trophy Club, TX
Robert & Heather McMahan Applicant, 2 East Hillside Place, Trophy Club, TX
Robert & Heather McMahan Applicant, 2 East Hillside Place, Trophy Club, TX Robert & Heather McMahan Applicant, 2 East Hillside Place, Trophy Club, TX
Nick Sanders Mayor, Town of Trophy Club
Nick Sanders Mayor, Town of Trophy Club Nick Sanders Mayor, Town of Trophy Club
STAFF AND GUEST(S) ABSENT:
STAFF AND GUEST(S) ABSENT: STAFF AND GUEST(S) ABSENT:
Jorge A. Bernal Applicant, 351 Becket Place, Trophy Club, TX
Jorge A. Bernal Applicant, 351 Becket Place, Trophy Club, TX Jorge A. Bernal Applicant, 351 Becket Place, Trophy Club, TX
RESULAR SESSION
2015-0597-T Discussion and take appropriate action regarding a request for a Special Exception
-0597-T Discussion and take appropriate action regarding a request for a Special Exception -0597-T Discussion and take appropriate action regarding a request for a Special Exception
to, Chapter 13-Comprehensive Zoning Ordinance, Article 7, Section 7.01(C)1
to, Chapter 13-Comprehensive Zoning Ordinance, Article 7, Section 7.01(C)1 to, Chapter 13-Comprehensive Zoning Ordinance, Article 7, Section 7.01(C)1
regarding the construction of a gate along the front of the home, being located at
351 Becket Place, Trophy Club, TX, Case No. ZBA-15-18.
Motion made by Board Member Opipare, seconded by Alternate Board Member Vogt, to move item to the
last due to applicant being absent. The motion passed unanimously.
2015-0598-T Discussion and take appropriate action regarding a request for a Special Exception
to, Chapter 13-Comprehensive Zoning Ordinance, Article 7, Section 7.01(C)2
regarding the construction of a fence within the side yard building setback along
the street, being located at 300 Tait Court, Trophy Club, TX, Case No. ZBA-15-19.
Motion made by Board Member Opipare, seconded by Board Member Biggs, to approve a request for a
Special Exception subject to the following conditions:
Zoning Board of Adjustment (ZBA)Page 10 of 35February 11, 2016
The fence shall be located a minimum of (18) eighteen inches from the back of the sidewalk
along Tenison Trail.
The finished (good side) of the fence shall face outward, the portion of which is visible from the
north and east side of the subject property.
NOTE: notwithstanding conditions above, a full (25) twenty-five foot encroachment of the fence
was approved into the side yard along Tension Trail.
The motion carried by the following vote:
Aye: 5 Chairman Rader, Board Member Opipare, Board Member Hennig, Board
Member Biggs, Alternate Board Member Vogt
Not voting: 1 Alternate Board Member Arnott
Special Exception GRANTED
Action is final.
2015-0599-T Public Discussion and take appropriate action regarding a request for a Special
Public Discussion and take appropriate action regarding a request for a Special Public Discussion and take appropriate action regarding a request for a Special
Exception to, Chapter 13-Comprehensive Zoning Ordinance, Article 7, Section
Exception to, Chapter 13-Comprehensive Zoning Ordinance, Article 7, Section Exception to, Chapter 13-Comprehensive Zoning Ordinance, Article 7, Section
7.01(C)2 regarding the construction of a fence within the side yard building
regarding the construction of a fence within the side yard building regarding the construction of a fence within the side yard building
setback along the street, being located at 2 East Hillside Place, Trophy Club, TX.,
setback along the street, being located at 2 East Hillside Place, Trophy Club, TX., setback along the street, being located at 2 East Hillside Place, Trophy Club, TX.,
Case No. ZBA-15-17
Motion made by Board Member Hennig, seconded by Alternate Board Member Arnott, to approve a
Motion made by Board Member Hennig, seconded by Alternate Board Member Arnott, to approve Motion made by Board Member Hennig, seconded by Alternate Board Member Arnott, to approve
request for a Special Exception per the recommended location of the fence with a sliding gate. Motion
request for a Special Exception per the recommended location of the fence with a sliding gate. Motion request for a Special Exception per the recommended location of the fence with
a sliding gate. Motion
carried by the following vote:
Aye: 5 Chairman Rader, Board Member Opipare, Board Member Hennig, Board
Chairman Rader, Board Member Opipare, Board Member Hennig, Board Chairman Rader, Board Member Opipare, Board Member Hennig, Board
Member Biggs, and Alternate Board Member Arnott
Member Biggs, and Alternate Board Member Arnott Member Biggs, and Alternate Board Member Arnott
Not voting: 1 Alternate Board Member Vogt
Not voting: 1 Alternate Board Member Vogt Not voting: 1 Alternate Board Member Vogt
Special Exception GRANTED
GRANTEDGRANTED
Action is final.
2015-0597-T Discussion and take appropriate action regarding a request for a Special Exception to,
Chapter 13-Comprehensive Zoning Ordinance, Article 7, Section 7.01(C)1 regarding
the construction of a gate along the front of the home, being located at 351 Becket Place,
Trophy Club, TX, Case No. ZBA-15-18.
Motion made by Board Member Opipare, seconded by Alternate Board Member Arnott, to table item to
the September 28, 2015 Zoning Board of Adjustment meeting as applicant was not in attendance. Motion
carried by the following vote.
Aye: 5 Chairman Rader, Board Member Opipare, Board Member Hennig, Board
Member Biggs, Alternate Board Member Arnott
Not voting: 1 Alternate Board Member Vogt
September 10, 2015 ZBA Minutes Page 2 of 3
Zoning Board of Adjustment (ZBA)Page 11 of 35February 11, 2016
ADJOURN
Meeting adjourned at 6:59 p.m.
___________________________________ ___________________________________
Robert Rader, Chairman Robbie Killingsworth, Recording Secretary
Zoning Board of Adjustment Community Development
Town of Trophy Club, Texas Town of Trophy Club, Texas
September 10, 2015 ZBA Minutes Page 3 of 3
Zoning Board of Adjustment (ZBA)Page 12 of 35February 11, 2016
Trophy Club Entities 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2016-77-T Version:1 Name:
Type:Agenda Item Status:Regular Session
File created:2/5/2016 In control:Zoning Board of Adjustment (ZBA)
On agenda:2/11/2016 Final action:
Title:Consider and take appropriate action regarding the September 28, 2015 Zoning Board of Adjustment
minutes.
Attachments:09282015 ZBA Minutes.DRAFT.pdf
DateVer.Action ByActionResult
Consider and take appropriate action regarding the September 28, 2015 Zoning Board of Adjustment minutes.
Zoning Board of Adjustment (ZBA)Page 13 of 35February 11, 2016
Trophy Club Entities
100 Municipal Drive
Trophy Club, Texas 76262
Meeting Minutes
Zoning Board of Adjustment (ZBA)
______________________________________________________________________
Monday, September 28, 2015 4:00 P.M. Public Services Conference Room
______________________________________________________________________
CALL TO ORDER, ROLL CALL, AND ANNOUNCE A QUORUM
Chairman Rader called to order the Zoning Board of Adjustment meeting for Thursday,
September 28, 2015, at 4:03 p.m. and announced that a quorum (6 members) were present. He
explained the order of the meeting to those present.
Present: 6 - Chairman Rader, Board Member Opipare, Board Member Biggs, Board Member
Board Member Biggs,Board Member Biggs,
Boomsma, Alternate Board Member Arnott, Alternate Board Member Vogt
Boomsma, Alternate Board Member Arnott, Alternate Board Member Vogt Boomsma, Alternate Board Member Arnott, Alternate Board Member Vogt
Absent: 3 - Board Member Hennig, Alternate Board Member Barber, Alternate Board Member Beach
- Board Member Hennig, Alternate Board Member Barber- Board Member Hennig, Alternate Board Member BarberAlternate Board Member Beach Alternate Board Member Beach
, ,
STAFF AND GUEST(S) PRESENT:
Ron Ruthven Town Planner
Robbie Killingsworth Recording Secretary
Robbie Killingsworth Recording Secretary
Greg Lamont Mayor Pro Tem, Place 5
Greg Lamont Mayor Pro Tem, Place 5
Greg Lamont Mayor Pro Tem, Place 5
Philip Shoffner Council Member, Place 6
Philip Shoffner Council Member, Place 6 Philip Shoffner Council Member, Place 6
Jim Parrow Council Member, Place 1
Jim Parrow Council Member, Place 1 Jim Parrow Council Member, Place 1
PUBLIC HEARING OPENED AT 4:04 P.M.
OPENED AT 4:04 P.M. OPENED AT 4:04 P.M.
2015-0640-T Conduct a public hearing regarding a variance to encroach into the front yard
Conduct a public hearing regarding a variance to encroach into the front yard Conduct a public hearing regarding a variance to encroach into the front yard
setback for a property located on 10.58 acres located in the Mary Medlin Survey,
setback for a property located on 10.58 acres located in the Mary Medlin Survey, setback for a property located on 10.58 acres located in the Mary Medlin Survey,
Abstract 832 on Junction Way.
Abstract 832 on Junction Way. Abstract 832 on Junction Way.
Comments from Jennifer McKnight, General Manager, Municipal Utility District No. 1
Comments from Jennifer McKnight, General Manager, Municipal Utility District No. 1 Comments from Jennifer McKnight, General Manager, Municipal Utility District No. 1
No public requests to speak turned in.
No public requests to speak turned in. No public requests to speak turned in.
2015-0641-T Conduct a public hearing regarding a request for a variance to the rear setback for
a property located at 311 Village Trail on Lot 25, Block B, Lakeside at Trophy Club.
Comments from applicant, Syed Ali, 311 Village Trail, Trophy Club, TX
Public requests to speak:
Billy Poythress, 309 Village Trail, Trophy Club, TX
PUBLIC HEARING CLOSED AT 4:45 P.M.
Zoning Board of Adjustment (ZBA)Page 14 of 35February 11, 2016
REGULAR SESSION OPENED AT 4:45 P.M.
2015-0644-T Discussion and take appropriate action regarding a variance to encroach into the
front yard setback. for a property located on 10.58 acres located in the Mary Medlin
Survey, Abstract 832 on Junction Way.
No public requests to speak turned in.
Motion made by Board Member Opipare, seconded by Board Member Biggs, to allow a variance to the
front setback requirement in its entirety. The motion carried by the following vote:
Aye: 5 Chairman Rader, Board Member Opipare, Board Member Biggs, Board Member
Boomsma, Alternate Board Member Arnott
Not voting: 1 Alternate Board Member Vogt
Variance GRANTED
Action is final.
2015-0645-T Discussion and take appropriate action regarding a request for a Special Exception
Discussion and take appropriate action regarding a request for a Special Exception Discussion and take appropriate action regarding a request for a Special Exception
to, Chapter 13-Comprehensive Zoning Ordinance, Article 7, Section 7.01(C)1,
to, Chapter 13-Comprehensive Zoning Ordinance, Article 7, Section 7.01(C)1, to, Chapter 13-Comprehensive Zoning Ordinance, Article 7, Section 7.01(C)1,
7.01(D) and 7.01(K)3 - to allow a fence to extend beyond the front elevation of the
7.01(D) and 7.01(K)3 - to allow a fence to extend beyond the front elevation of the 7.01(D) and 7.01(K)3 - to allow a fence to extend beyond the front elevation of the
primary structure, allow a waiver of screening wall requirements and to allow a
primary structure, allow a waiver of screening wall requirements and to allow a primary structure, allow a waiver of screening wall requirements and to allow a
waiver to the fence material requirements for a property located on 10.58 acres
waiver to the fence material requirements for a property located on 10.58 acres waiver to the fence material requirements for a property located on 10.58 acres
located in the Mary Medlin Survey, Abstract 832 on Junction Way.
located in the Mary Medlin Survey, Abstract 832 on Junction Way. located in the Mary Medlin Survey, Abstract 832 on Junction Way.
Public requests to speak:
Danny Mayer, 2201 Prestwick Avenue, Trophy Club, TX
Danny Mayer, 2201 Prestwick Avenue, Trophy Club, TX Danny Mayer, 2201 Prestwick Avenue, Trophy Club, TX
Bill Rose, 219 Inverness Drive, Trophy Club, TX
Bill Rose, 219 Inverness Drive, Trophy Club, TX Bill Rose, 219 Inverness Drive, Trophy Club, TX
Jim Thomas, 7 Meadowbrook Lane, Trophy Club, TX
Jim Thomas, 7 Meadowbrook Lane, Trophy Club, TX Jim Thomas, 7 Meadowbrook Lane, Trophy Club, TX
NOTE: Jim Thomas is a Municipal Utility District board member
NOTE: Jim Thomas is a Municipal Utility District board member NOTE: Jim Thomas is a Municipal Utility District board member
Motion made by Board Member Opipare, seconded by Board Member Arnott, to approve a request for the
Motion made by Board Member Opipare, seconded by Board Member Arnott, to approve a request for Motion made by Board Member Opipare, seconded by Board Member Arnott, to approve a request
for
following:
a Special Exception to allow the material for chain link and barb wire to remain on the perimeter
a Special Exception to allow the material for chain link and barb wire to remain on the perimeter a Special Exception to allow the material for chain link and barb wire to remain on
the perimeter
fence;
a Special Exception to the screening wall requirement on the northern portion of the property;
and a Special Exception to allow the fence to be built beyond the front building line along the
southern property line with the exception that if the fence were to ever be relocated it would need
to be brought up to current code.
Motion carried by the following vote:
Aye: 5 Chairman Rader, Board Member Opipare, Board Member Hennig, Board
Member Biggs, and Alternate Board Member Vogt
Not voting: 1 Alternate Board Member Arnott
Special Exception GRANTED
Action is final.
September 28, 2015 ZBA Minutes Page 2 of 3
Zoning Board of Adjustment (ZBA)Page 15 of 35February 11, 2016
2015-0646-T Discussion and take appropriate action regarding a request for a variance to the
rear setback and lot coverage requirements for a property located at 311 Village
Trail on Lot 25, Block B, Lakeside at Trophy Club.
Motion made by Board Member Biggs, seconded by Board Member Boomsma, to deny request. Variance
does not meet the criteria in which exceptions are granted.
Comments from applicant, Syed Ali, 311 Village Trail, Trophy Club, TX
Motion made by Board Member Biggs, seconded by Board Member Boomsma, to withdraw denial of
request.
Motion made by Board Member Opipare, seconded by Alternate Board Member Arnott, to continue this
item to the next regular scheduled Zoning Board of Adjustment meeting.
The motion carried by the following vote:
Aye: 5 Chairman Rader, Board Member Opipare, Board Member Biggs, Board Member
Chairman Rader, Board Member Opipare, Board Member Biggs, Board Member Chairman Rader, Board Member Opipare, Board Member Biggs, Board Member
Boomsma, Alternate Board Member Arnott
Boomsma, Alternate Board Member Arnott Boomsma, Alternate Board Member Arnott
Not voting: 1 Alternate Board Member Vogt
2015-0647-T Discussion and take appropriate action regarding a request for a Special Exception
Discussion and take appropriate action regarding a request for a Special Exception Discussion and take appropriate action regarding a request for a Special Exception
to, Chapter 13-Comprehensive Zoning Ordinance, Article 7, Section 7.01(C)1
to, Chapter 13-Comprehensive Zoning Ordinance, Article 7, Section 7.01(C)1 to, Chapter 13-Comprehensive Zoning Ordinance, Article 7, Section 7.01(C)1
regarding the construction of a gate along the front of the home, being located at
regarding the construction of a gate along the front of the home, being located at regarding the construction of a gate along the front of the home, being located at
351 Becket Place, Trophy Club, TX, Case No. ZBA-15-18.
351 Becket Place, Trophy Club, TX, Case No. ZBA-351 Becket Place, Trophy Club, TX, Case No. ZBA-
Motion made by Board Member Biggs, seconded by Board Member Opipare, to approve a request for
Motion made by Board Member Biggs, seconded by Board Member Opipare, to approve a request for Motion made by Board Member Biggs, seconded by Board Member Opipare, to approve a request
for
Special Exception. The motion carried by the following vote.
Special Exception. The motion carried by the following vote. Special Exception. The motion carried by the following vote.
Aye: 5 Chairman Rader, Board Member Opipare, Board Member Hennig, Board
Chairman Rader, Board Member Opipare, Board Member Hennig, Board Chairman Rader, Board Member Opipare, Board Member Hennig, Board
Member Biggs, Alternate Board Member Vogt
Member Biggs, Alternate Board Member Vogt Member Biggs, Alternate Board Member Vogt
Not voting: 1 Alternate Board Member Arnott
Not voting: 1 Alternate Board Member ArnottNot voting: 1 Alternate Board Member Arnott
Special Exception GRANTED
GRANTEDGRANTED
Action is final.
ADJOURN
Motion made by Chairman Radder, seconded by Board Member Opipare, to adjourn. Motion passed
unanimously. Meeting adjourned at 6:00 p.m.
___________________________________ ___________________________________
Robert Rader, Chairman Robbie Killingsworth, Recording Secretary
Zoning Board of Adjustment Community Development
Town of Trophy Club, Texas Town of Trophy Club, Texas
September 28, 2015 ZBA Minutes Page 3 of 3
Zoning Board of Adjustment (ZBA)Page 16 of 35February 11, 2016
Trophy Club Entities 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2016-78-T Version:1 Name:
Type:Agenda Item Status:Regular Session
File created:2/5/2016 In control:Zoning Board of Adjustment (ZBA)
On agenda:2/11/2016 Final action:
Title:Consider and take appropriate action regarding the November 12, 2015 Zoning Board of Adjustment
minutes.
Attachments:11122015 ZBA Minutes.DRAFT.pdf
DateVer.Action ByActionResult
Consider and take appropriate action regarding the November 12, 2015 Zoning Board of Adjustment minutes.
Zoning Board of Adjustment (ZBA)Page 17 of 35February 11, 2016
Trophy Club Entities
100 Municipal Drive
Trophy Club, Texas 76262
Meeting Minutes
Zoning Board of Adjustment (ZBA)
______________________________________________________________________
Thursday, November 12, 2015 6:00 P.M. Svore Municipal Building
______________________________________________________________________
CALL TO ORDER, ROLL CALL, AND ANNOUNCE A QUORUM
Acting Chairman Opipare called to order the Zoning Board of Adjustment meeting for Thursday,
November 12, 2015, at 6:03 p.m. and announced that a quorum (6 members) were present. He
explained the order of the meeting to those present.
Present: 6 - Acting Chairman Opipare, Board Member Biggs, Board Member Hennig, Board Member
6 - Acting Chairman Opipare, Board Member Biggs, Board Member Hennig6 - Acting Chairman Opipare, Board Member Biggs, Board Member Hennig
Ongaro, Board Member Kesterson, and Alternate Board Member Arnott
Ongaro, Board Member Kesterson, and Alternate Board Member Arnott Ongaro, Board Member Kesterson, and Alternate Board Member Arnott
Absent: 2 - Alternate Board Member Vogt, Alternate Board Member Windland
2 - Alternate Board Member Vogt, Alternate Board Member Windland 2 - Alternate Board Member Vogt, Alternate Board Member Windland
STAFF AND GUEST(S) PRESENT:
Ron Ruthven Town Planner
Robbie Killingsworth Recording Secretary
Robbie Killingsworth Recording Secretary
Robbie Killingsworth Recording Secretary
Justin Springfield Applicant, 2010 Churchill Downs Lane, Trophy Club, Texas
Justin Springfield Applicant, 2010 Churchill Downs Lane, Trophy Club, Texas Justin Springfield Applicant, 2010 Churchill Downs Lane, Trophy Club, Texas
Ty Brewer Applicant, 310 Tenison Trail, Trophy Club, Texas
Ty Brewer Applicant, 310 Tenison Trail, Trophy Club, Texas Ty Brewer Applicant, 310 Tenison Trail, Trophy Club, Texas
REGULAR SESSION
2015-0742-T Election of Officers: Chair, Vice-Chair, Secretary
-0742-T Election of Officers: Chair, Vice-Chair, Secretary-0742-T Election of Officers: Chair, Vice-Chair, Secretary
Acting Chairman Opipare asked for nominations for Chairman for the Zoning Board of Adjustment. Board
Acting Chairman Opipare asked for nominations for Chairman for the Zoning Board of Adjustment. Board Acting Chairman Opipare asked for nominations for Chairman for the Zoning Board of
Adjustment. Board
Member Hennig nominated Lou Opipare, seconded by Board Member Biggs. Board Member Hennig
Member Hennig nominated Lou Opipare, seconded by Board Member Biggs. Board Member Hennig Member Hennig nominated Lou Opipare, seconded by Board Member Biggs. Board Member Hennig
moved to close the nominations, seconded by Alternate Board Member Arnott. The vote was unanimous.
moved to close the nominations, seconded by Alternate Board Member Arnott. The vote was unanimous. moved to close the nominations, seconded by Alternate Board Member Arnott. The vote
was unanimous.
Chairman Opipare asked for nominations for Vice Chairman for the Zoning Board of Adjustment.
Chairman Opipare nominated Joe Hennig, seconded by Board Member Kesterson. Alternate Board
Member Arnott moved to close the nominations, seconded by Board Member Biggs. The vote was
unanimous.
Chairman Opipare asked for nominations for Secretary for the Zoning Board of Adjustment. Board
Member Hennig nominated Michael W. Biggs, seconded by Alternate Board Member Arnott. Chairman
Opipare moved to close the nominations, seconded by Board Member Ongaro. The vote was unanimous.
Newly elected officers as follows:
Chairman Lou Opipare
Vice Chairman Joe Hennig
Secretary Michael W. Biggs
Zoning Board of Adjustment (ZBA)Page 18 of 35February 11, 2016
2015-0749-T Consider and take appropriate action regarding the January 14, 2015 Zoning Board
of Adjustment minutes.
Motion made by Board Member Biggs, seconded by Alternate Board Member Arnott, to approve
the January 14, 2015 Zoning Board of Adjustment minutes. The motion passed unanimously.
PUBLIC HEARING
2015-0743-T Conduct a public hearing regarding a request for a variance to the setback requirements
for a swimming pool on property located at 2010 Churchill Downs on Lot 22, Block B,
Churchill Downs.
Comments from applicant, Justin Springfield, 2010 Churchill Downs Lane, Trophy Club, Texas
No public requests to speak turned in.
PUBLIC HEARING - CLOSED AT 6:22 P.M.
REGULAR SESSION - OPENED AT 6:22 P.M.
2015-0744-T Discussion and take appropriate action regarding a request for a variance to the
-0744-T Discussion and take appropriate action regarding a request for a variance to the -0744-T Discussion and take appropriate action regarding a request for a variance to the
setback requirements for a swimming pool on property located at 2010 Churchill
setback requirements for a swimming pool on property located at 2010 Churchill setback requirements for a swimming pool on property located at 2010 Churchill
Downs on Lot 22, Block B, Churchill Downs.
Downs on Lot 22, Block B, Churchill Downs. Downs on Lot 22, Block B, Churchill Downs.
Motion made by Board Member Biggs, seconded by Board Member Kesterson, to approve variance as
Motion made by Board Member Biggs, seconded by Board Member Kesterson, to approve variance as Motion made by Board Member Biggs, seconded by Board Member Kesterson, to approve variance
as
requested. The motion passed unanimously.
requested. The motion passed unanimouslyrequested. The motion passed unanimously
. .
Variance GRANTED
Action is final.
2015-0745-T Discussion and take appropriate action regarding a request for a Special Exception
-0745-T Discussion and take appropriate action regarding a request for a Special Exception -0745-T Discussion and take appropriate action regarding a request for a Special Exception
to, Chapter 13-Comprehensive Zoning Ordinance, Article 7, Section 7.01(C)2
regarding the construction of a fence within the side yard building setback along
the street, being located at 310 Tenison Trail, Trophy Club, Texas.
Comments from applicant, Ty Brewer, 310 Tenison Trail, Trophy Club, Texas
Motion made by Board Member Hennig, seconded by Alternate Board Member Arnott, to approve Special
Exception as requested. The motion passed unanimously.
Special Exception GRANTED
Action is final.
November 12, 2015 ZBA Minutes Page 2 of 3
Zoning Board of Adjustment (ZBA)Page 19 of 35February 11, 2016
2015-0746-T Discussion and presentation from staff on the authority, duties and procedures of
the Zoning Board of Adjustment.
2015-0747-T Staff updates regarding variance requests previously considered by the Board.
ADJOURN
Motion made by Alternate Board Member Arnott, seconded by Board Member Kesterson, to adjourn.
Motion passed unanimously. Meeting adjourned at 7:26 p.m.
___________________________________ ___________________________________
___________________________________ ___________________________________ ___________________________________
Lou Opipare, Chairman Robbie Killingsworth, Recording Secretary
Roie Killingsworth, Recording Secretary
bb
Zoning Board of Adjustment Community Development
Community Development
Town of Trophy Club, Texas Town of Trophy Club, Texas
November 12, 2015 ZBA Minutes Page 3 of 3
Zoning Board of Adjustment (ZBA)Page 20 of 35February 11, 2016
Trophy Club Entities 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2016-79-T Version:1 Name:
Type:Agenda Item Status:Regular Session
File created:2/5/2016 In control:Zoning Board of Adjustment (ZBA)
On agenda:2/11/2016 Final action:
Title:Discussion and take appropriate action regarding a request for a Special Exception to, Chapter 13-
Comprehensive Zoning Ordinance, Article 7, Section 7.01(C)2 - regarding the construction of a fence
within the side yard building setback along the street, being located at 357 Becket Place, Trophy Club,
TX.
Attachments:Agenda Briefing.pdf
Exhibit A.pdf
Exhibit B.pdf
DateVer.Action ByActionResult
DiscussionandtakeappropriateactionregardingarequestforaSpecialExceptionto,Chapter13-Comprehensive
ZoningOrdinance,Article7,Section7.01(C)2-regardingtheconstructionofafencewithinthesideyardbuildingsetback
along the street, being located at 357 Becket Place, Trophy Club, TX.
Zoning Board of Adjustment (ZBA)Page 21 of 35February 11, 2016
STAFF REPORT
Zoning Board of Adjustment
February 11, 2016
ZBA-16-24: Special Exception – 357 Becket Place
SUBJECT
:
Discussion and take appropriate action regarding a request for a Special Exception
to, Chapter 13-Comprehensive Zoning Ordinance, Article 7, Section 7.01(C)2 –
regarding the construction of afence within the side yard building setback along the
street, being located at 357 Becket Place, Trophy Club, TX.
REQUEST:
The applicant, Toni Hill,isrequesting approval of a Special Exceptionfor a proposed
fence at 357 Becket Place.
ZONING:
The subject property is zoned PD Planned Development Residential and is located in the
PD 31 district.
CURRENT CONDITIONS:
The subject property is approximately 14,854 square feet and is vacant. The applicant’s
home is currently under construction on the subject property. The home will contain
4,095 square feet of living area.
SPECIAL EXCEPTION REQUEST DETAILS:
PD 31 states that new fence construction must comply with fence requirements found in
Chapter 13-Zoning in the Code of Ordinances. Section 7.01(C)2 of the zoning
regulations state:
“Side Yard Adjacent to Side Street: Side yard fences shall be
located within the side yard building setback, and shall not extend
beyond the building line of the side yard adjacent to a side street.”
According to the plat for subject property, Canterbury Hills,Phase 2, a 20 foot
side yard building line exists on subject property along Tenison Trail.Per the
attached plans and the applicant’s application, the applicant proposes to encroach
10feet into the required 20foot side yard setback, which would place the fence
10feetbehind the property line and 20feet from the curb. The right-of-way for
Page 1 of 3
Zoning Board of Adjustment (ZBA)Page 22 of 35February 11, 2016
Tension Trailextends approximately 10 feet from the back of the curb line of the
road.
The applicant is requesting the variance given the slope of the property, which
tapers downward toward Tenison Trail. Therefore, two retaining walls have been
built on the lotin order to provide a more level grade for the slab. The proposed
fence location would place it on the edge of the highest retaining wall, which is
located approximately ten feet behind the property line.
The fence would be six-foot high wood fence with steel posts.
The Zoning Board of Adjustment granted a special exception for similar corner
lot fence encroachments in this neighborhoodat 300 Tait Court, adjacent to the
subject property, on September 10, 2015and 310 Tenison Trail on November 12,
2015.
SPECIAL EXCEPTION AUTHORITY:
Section 7.01(P) of the zoning regulations requires any waiver toa fence
requirement to be considered by the Zoning Board of Adjustment as a Special
Exception as follows:
“The Zoning Board of Adjustment shall have the power to grant a Special
Exception waiving or modifying these regulations where the literal
enforcement of this Ordinance would result in practical difficulty or
unnecessary hardship and the relief granted would not be contrary to the
public interest but would do substantial justice and would be in
accordance with the spirit of this Ordinance.
A public hearing is not required for Zoning Board of Adjustment
consideration of a Special Exception under this Section.
1.For the purpose of this Ordinance, the following are established as
general conditions, ALL Chapter 13 –Zoning of which are to be met
upon the granting of any special exception.
a.No diminution in value of surrounding properties would be
suffered; and
b.Granting the permit would be of benefit to the public interest or
surrounding properties; and
c.Denial of the permit would result in unnecessary hardship to the
owner seeking it; and
Page 2 of 3
Zoning Board of Adjustment (ZBA)Page 23 of 35February 11, 2016
d.A zoning restriction as applied to the owner’s property interferes
with the reasonable use of the property, considering the unique
setting of the property in its environment; and
e.By granting the permit, substantial justice would be done; and
f.The use must not be contrary to the spirit of the Ordinance.
2.The burden of demonstrating that all general conditions have been met
and that a Special Exception is appropriate is upon the person
requesting the Special Exception. The Zoning Board of Adjustment
may require a person requesting a Special Exception to provide proof
as the Board determines necessary and appropriate for the Board to
evaluate the application for Special Exception.”
STAFF REVIEW
:
The applicant is requesting a Special Exception to allow afence to be built 10 feet into
the required 20foot setback from the street. The spirit of the fence restriction in a street
setback is to leave the street yard, the area between the home and the street, open and
unobstructed. Generally speaking, the purpose of having an unobstructed street yard is to
improve the view from the road and to promote safe vehicular ingress and egressfrom
individual lots. The lot behind the subject property remains undeveloped and fronts
opposite the subject property onto Skyline Drive. Additionally, the slope of the subject
property does constitute a unique situation that is inherent to the topography of the lot.
The Board’s options regarding action on this request are as follows:
1.Deny the request;
2.Approve the request as submitted;
3.Approve the request with conditions;
4.Continue the request to a date certain for consideration on a future agenda.
The decision of the Board is final.
Attachments: Exhibit “A” –Applicationand Materials Submitted by Applicant
Exhibit “B” – Pictures and Exhibits Provided by Staff
Page 3 of 3
Zoning Board of Adjustment (ZBA)Page 24 of 35February 11, 2016
Exhibit A
Zoning Board of Adjustment (ZBA)Page 25 of 35February 11, 2016
Exhibit A
Zoning Board of Adjustment (ZBA)Page 26 of 35February 11, 2016
Exhibit A
Zoning Board of Adjustment (ZBA)Page 27 of 35February 11, 2016
Exhibit A
Zoning Board of Adjustment (ZBA)Page 28 of 35February 11, 2016
Exhibit A
Zoning Board of Adjustment (ZBA)Page 29 of 35February 11, 2016
Exhibit A
Zoning Board of Adjustment (ZBA)Page 30 of 35February 11, 2016
Exhibit A
Zoning Board of Adjustment (ZBA)Page 31 of 35February 11, 2016
2016
11,
February
NORTH
Aerial of Subject Property
Exhibit B
of 35
32
Page
357 Becket Place
Property
Subject
(ZBA)
Adjustment
of
Board
Zoning
2016
11,
February
Home Site
Front of Home
Existing Conditions Exhibit
Area Proposed to
Exhibit B
be Fenced
of 35
33
Page
Becket Place
20 Foot Setback
Area
Proposed Fence
Tenison
retaining wall
Trail
Location -
Edge of
(ZBA)
Adjustment
of
Board
Zoning
2016
11,
February
Site Plan
Exhibit B
of 35
34
Page
Building Line
20 Foot
Lot Line
Proposed
Pavement
Location
Edge of
Fence
(ZBA)
Adjustment
of
Board
Zoning
2016
NORTH
11,
February
Plat Exhibit
Exhibit B
of 35
35
Page
Property
Subject
(ZBA)
Adjustment
of
Board
Zoning