Agenda Packet ZBA 09/28/2015
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Zoning Zoning Board Board of of Adjustment Adjustment (ZBA)(ZBA)<<Page <<Page 1 1 of of 99>>99>>September September 28, 28, 20152015
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Zoning Zoning Board Board of of Adjustment Adjustment (ZBA)(ZBA)<<Page <<Page 1 1 of of 99>>99>>September September 28, 28, 20152015
Trophy Club Entities 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2015-0640-T Version:1 Name:
Type:Agenda Item Status:Public Hearing
File created:9/23/2015 In control:Zoning Board of Adjustment (ZBA)
On agenda:9/28/2015 Final action:
Title: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, Abstract 832 on Junction Way
Attachments:
DateVer.Action ByActionResult
Conductapublichearingregardingavariancetoencroachintothefrontyardsetback.forapropertylocatedon10.58
acres located in the Mary Medlin Survey, Abstract 832 on Junction Way
Zoning Zoning Board Board of of Adjustment Adjustment (ZBA)(ZBA)<<Page <<Page 1 1 of of 99>>99>>September September 28, 28, 20152015
Trophy Club Entities 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2015-0641-T Version:1 Name:
Type:Agenda Item Status:Public Hearing
File created:9/23/2015 In control:Zoning Board of Adjustment (ZBA)
On agenda:9/28/2015 Final action:
Title: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.
Attachments:
DateVer.Action ByActionResult
Conductapublichearingregardingarequestforavariancetotherearsetbackforapropertylocatedat311VillageTrail
on Lot 25, Block B, Lakeside at Trophy Club.
Zoning Zoning Board Board of of Adjustment Adjustment (ZBA)(ZBA)<<Page <<Page 1 1 of of 99>>99>>September September 28, 28, 20152015
Trophy Club Entities 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2015-0644-T Version:1 Name:
Type:Agenda Item Status:Regular Session
File created:9/23/2015 In control:Zoning Board of Adjustment (ZBA)
On agenda:9/28/2015 Final action:
Title: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
Attachments:Agenda Briefing Variance.pdf
Exhibit A.pdf
Exhibit B.pdf
Exhibit C.pdf
Exhibit D.pdf
Exhibit E.pdf
DateVer.Action ByActionResult
Discussionandtakeappropriateactionregardingavariancetoencroachintothefrontyardsetback.foraproperty
located on 10.58 acres located in the Mary Medlin Survey, Abstract 832 on Junction Way
Zoning Zoning Board Board of of Adjustment Adjustment (ZBA)(ZBA)<<Page <<Page 1 1 of of 99>>99>>September September 28, 28, 20152015
STAFF REPORT
Zoning Board of Adjustment
September 28, 2015
ZBA-15-20: Variance – MUD Wastewater Treatment Plant
SUBJECT:
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
NOTE: This request involves a setback variance and a fence special exception
request under a single application. This briefing only explains the setback variance
request.
REQUEST:
The applicant,Trophy Club Municipal Utility District,isrequesting approval of a
complete variance to the front setback requirement on the wastewater treatment plant
property located off of Junction Way. The attached application also includes afence
special exception request, which is explained in a separate staff memo, and a landscape
waiver request. The Zoning Board of Adjustment does not have the authority to grant
landscape waivers, which must ultimately be approved by the Town Council. The
applicant is aware of this requirement.
ZONING:
The subject property is zoned GU-Government Use and CR-Commercial Recreation.
The portion of the property where the plant is located and, therefore, the variance is being
requested is zoned GU. Additionally, the use of the wastewater treatment plant is
authorized by a Conditional Use Permit approved by the Town Council on August 11,
2015, thereby authorizing further expansion of the plant provided all other development
requirements, including platting, are satisfied.
CURRENT CONDITIONS:
The subject property isapproximately 10.58 acresin size and containsa wastewater
treatment plantoperated by the Trophy Club Municipal Utility District. The plant was
originally constructed in 1976, prior to the incorporation of the Town.
Page 1 of 4
Zoning Zoning Board Board of of Adjustment Adjustment (ZBA)(ZBA)<<Page <<Page 1 1 of of 99>>99>>September September 28, 28, 20152015
VARIANCEREQUEST DETAILS:
The GU district requires that all setback requirements shall not be less than the
requirements of the most restrictive abutting property. In the case of the subject property,
the most restrictive abutting property is zoned PD-Planned Development district and
contains PD 31. PD 31 requires a front yard setback of 25 feet.
The reason that the MUD is requesting the variance is due to their plans to expand the
plant. In expanding the plant, the property, which is not platted, must be platted
according to the Town subdivision regulations before any permits can be issued. The
preliminary plat was approved by the Town Council on August 11, 2015. The final plat
is currently under staff review and is scheduled for consideration by the Planning and
Zoning Commission on August 28, 2015 at 6:00 p.m.
Since the property does not have any frontage on a public streetas required by the
subdivision regulations, the applicant is required to dedicate right-of-way (ROW) for a
future public street along the south end of the property. In addition to the ROW
dedication requirement, the subdivision regulations also require that the setback line be
shown on the plat. Given this requirement, the applicant is requesting a variance to the
front setback. Only the Zoning Board of Adjustment can grant a front setback variance.
If approved by the Board, the final plat showing no front setback may then be approved
by the Planning and Zoning Commission and Town Council reflectingthe setback
variance granted by the Board.
As stated in the attached application, the applicant is requesting the variance so that the
existing maintenance garage and the “to be constructed” Wier structure do not encroach
in the front setback area.
The actual roadway that would be built in the ROW is not required to be constructed at
this time and would be built at some point in the future at such time the Council decides
to pursue construction. The currentand proposed building locations would not affect the
construction of said roadway and would not create any potential visual obstructions for
vehicular traffic.
VARIANCEAUTHORITY:
Section 8.05(H)3, Chapter 13, Code of Ordinances states that, when considering a
variance, the Zoning Board of Adjustment has the following power:
“To authorize upon appeal in special cases, such variances from the terms of this
ordinance as will not be contrary to the public interest, where, owing to special
conditions, the literal enforcement of the provision of this ordinance will result in
unnecessary hardship
, so that the spirit of this ordinance shall be observed and
substantial justice done.”
With regard to a variance, a hardship must be related to a special condition unique to the
property in question such that it could not be developed, or a building constructed, in a
reasonable manner. Additionally, a hardship cannot be self-created. The following
Page 2 of 4
Zoning Zoning Board Board of of Adjustment Adjustment (ZBA)(ZBA)<<Page <<Page 1 1 of of 99>>99>>September September 28, 28, 20152015
questions best illustratehow to determine a true hardship in the case of a variance
request:
1.Is the request for a variance owing to a special condition inherent in the property
itself (e.g., odd-shaped lot, unusual topography, etc.)?
If yes, CONTINUE
If no, STOP, there is no hardship
2.Is the condition one unique to the property requesting the variance(unusual slope,
odd location, etc.)?
If yes, CONTINUE
If no, STOP, there is no hardship
3.Is the condition self-imposed or self-created?
If yes, STOP, there is no hardship
If no, CONTINUE
4.Will a literal enforcement of thezoning ordinance result in an unnecessary
hardship?
If yes, CONTINUE
If no, STOP, there is no hardship
5.Will the hardship prevent any reasonable use whatsoever? Note: Financial
considerations alone cannot satisfy this requirement.
If yes, CONTINUE
If no, STOP, there is no hardship
6.Would the grant of the variance be contrary to the public interest?
If yes, STOP, there is no hardship
If no, CONTINUE
7.Is the request within the spirit of the ordinance and does it further substantial
justice?
If yes, CONTINUE
If no, STOP, there is no hardship
PUBLIC NOTIFICATION
Page 3 of 4
Zoning Zoning Board Board of of Adjustment Adjustment (ZBA)(ZBA)<<Page <<Page 1 1 of of 99>>99>>September September 28, 28, 20152015
Per the requirements of the State of Texas and the Trophy Club Code of Ordinances, a
notice of public hearing concerning the zoning request was published in the Fort Worth
Star Telegram. Notice was also mailed to sevenproperty owners within 200 feet of the
subject property. To date, staff has received one letter opposing the request (attached).
STAFF REVIEW
:
The applicant is requesting a complete variance to the required 25 foot front setback
along the new ROW. The reasonfor the request is to accommodate existing and
proposed new buildings to be constructed on the site that would encroach in the new
setback along the new ROW given the requirements to plat property as part of the
expansion of the plant.
Staff concurs that the request is a warranted hardship. The plant was built nine years
before the Town of Trophy Club was incorporated. As such the lot upon which the plant
exists was not created based on any of the Town’s current subdivision regulations. As
such the plant is currently only accessible via a private access easement. This is a
situation that is unique to this property only,as all other lots in the Town access either a
public or private street. Additionally, given theplant’s purpose of treating the Town’s
wastewater and the fact that the actual use of the property is authorized under a recently
approved conditional use permit, it is staff’s finding that approving the variance would
promote the public interest and provide substantial justice.
Therefore, based on the above criteria for determining a variance hardship, staff
recommends approval of the request.
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” – GU Zoning Requirements
Exhibit “C” – PD 31 Requirements
Exhibit “D” –Correspondence Received
Exhibit “E”– Pictures and Exhibits Provided by Staff
Page 4 of 4
Zoning Zoning Board Board of of Adjustment Adjustment (ZBA)(ZBA)<<Page <<Page 1 1 of of 99>>99>>September September 28, 28, 20152015
Exhibit A
Zoning Zoning Board Board of of Adjustment Adjustment (ZBA)(ZBA)<<Page <<Page 1 1 of of 99>>99>>September September 28, 28, 20152015
Exhibit A
Zoning Zoning Board Board of of Adjustment Adjustment (ZBA)(ZBA)<<Page <<Page 1 1 of of 99>>99>>September September 28, 28, 20152015
Exhibit A
Zoning Zoning Board Board of of Adjustment Adjustment (ZBA)(ZBA)<<Page <<Page 1 1 of of 99>>99>>September September 28, 28, 20152015
Exhibit A
Zoning Zoning Board Board of of Adjustment Adjustment (ZBA)(ZBA)<<Page <<Page 1 1 of of 99>>99>>September September 28, 28, 20152015
Exhibit A
Zoning Zoning Board Board of of Adjustment Adjustment (ZBA)(ZBA)<<Page <<Page 1 1 of of 99>>99>>September September 28, 28, 20152015
20152015
28, 28,
September September
Trophy Club MUD No. 1
Exhibit A
Exhibit A
99>>99>>
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1 1
<<Page <<Page
al Development
Canterbury Hills
Residen
Area Screening Requested
Densely Wooded
(ZBA)(ZBA)
Adjustment Adjustment
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Board Board
Zoning Zoning
September 201528, September 201528,
Exhibit A
<<Page 99>>of 1 <<Page 99>>of 1
Adjustment (ZBA)Adjustment (ZBA)
of of
Board Board
Zoning Zoning
Exhibit B
Section 4.18 GU – Government Use District Regulations
A.Purpose: The GU GovernmentalUseDistrict is establishedto applyto thoselands wherenational,
state or localgovernmentalactivities are conducted andwhere governmentshold titletosuch lands.
Any lawful governmental activity is permitted in these districts. It is not intended to classify all lands
owned by governmentinto this district, butonly thoselands particularly and peculiarlyrelated tothe
public welfare. Itisgenerallyintended toutilizethis districttoimplementthe Comprehensive Master
Plan.
B.Uses Generally: In a GU Governmental Use District,no landshallbe used andno building shallbe
installed,erectedfor or convertedtoany useother than as set forthinSection 3.03,UseTables, and
in accordance with the following:
1.AccessoryUses:Accessoryuses shall bepermittedwithinthe GU-GovernmentalUse District
in accordance with the regulations providedin Section 5.03, Accessory Structures.
2.ConditionalUses:Conditional uses may be permittedwithintheGU-GovernmentalUse
District in accordance withthe regulations provided inSection 6.01,Conditional Use Permit.
3.Limitation of Uses:Any use notexpressly permittedor allowed bypermit hereinis prohibited.
C.Plan Requirements: No applicationfor a building permitforthe constructionof a building or structure
shallbe approved unless:
1.A plat,meetingallrequirementsoftheTownof TrophyClub, has been approvedbythe Town
Council and recorded in the official records of the County in which the property is located.
2.A SitePlan hasbeen approved meetingtheconditions as providedin Section5.09,SitePlan
Requirements; and
3.
A LandscapePlan,meeting the requirementsof Section7.03, LandscapingRegulations, has
been approved.
D.DensityRegulations: None
E.Height Regulations: Exceptas provided bySection 5.04,HeightLimits,nobuildingshallexceed 40'
feet or two (2) stories in height.
F.Area Regulations:Theyard requirements shall not be lessthan therequirementsofthemost
restrictive abutting property.
Chapter 13 -Zoning
Zoning Zoning Board Board of of Adjustment Adjustment (ZBA)(ZBA)<<Page <<Page 1 1 of of 99>>99>>September September 28, 28, 20152015
Exhibit B
AREA DESCRIPTIONAREA REGULATIONS
1.Lot SizeNone.
2.Minimum Open SpaceAtleasttwentypercent(20%)ofthetotallotarea shallbe
devoted to nonvehicularopen space.(Nonvehicular open
space is anyarea not devoted to buildings, parkinglots,
storage,or vehicular use.)Allareas notdevotedtobuildings,
structuresoroff-street parking area shallbedevoted to grass,
trees, gardens,shrubs orothersuitablelandscape material. In
addition,all developmentsshallreserve open spacein
accordancewiththe TownParkLand DedicationOrdinance
and other applicable ordinances of theTown.
3.Maximum Building CoverageThe combined area covered by all main andaccessory
buildingsandstructuresshallnotexceedsixtypercent(60%)
of the total lot area.
4.Maximum Impervious Area The combined area occupiedbyall buildings,structures, off-
street parkingandpaved areas shallnot exceed eighty percent
(80%) of the total lot area.
5.Minimum Floor AreaNone.
6.Front, Rear and Side Yards The yard requirements shallnot be lessthan the requirements
ofthe mostrestrictive abuttingproperty. Required yards shall
comply withSection 5.05Required Yards.
G.BufferedArea Regulations:Wheneveranyconditional use that is allowableinthe GU Governmental
UseDistrict abuts a residentially zoned district, a landscapedbuffer zoneof not lessthan forty(40)
feetindepthshallbe provided betweenthelotline andany building,structure or activityarea. All
buildings, structures and loading or storage area shallbelandscapedtoprovidevisualandacoustical
privacy to adjacent property.In addition, screening shall occur in the buffer area and such area shall
be providedin accordancewith the provisions of Section 7.01, Screening and Fencing.
H.Off-Street Parking: Off-street parkingshall be providedin accordancewith Section7.04, Off-Street
Parking Requirements.
I.Off-Street Loading:No off-street loading is required in the GU District.
J.MasonryRequirement: Allprincipaland accessorybuildings andstructuresshallbeofexterior fire
resistant constructionhaving onehundred(100) percentof the totalexterior walls,excluding doors,
windows andporches, constructedofbrick,stone,orstucco. Allexteriorchimneys surfacesshall
alsobeofbrick,stone,orstucco. Other materials ofequal characteristics maybeallowed upon
approval of the Planning and Zoning Commission.
(Ord No. 98-29, § XXXI, 12-1-98, Repealed by Ord. No. 2000-06P&Z § XXXI, 3-21-00)
Chapter 13 -Zoning
Zoning Zoning Board Board of of Adjustment Adjustment (ZBA)(ZBA)<<Page <<Page 1 1 of of 99>>99>>September September 28, 28, 20152015
Exhibit C
Zoning Zoning Board Board of of Adjustment Adjustment (ZBA)(ZBA)<<Page <<Page 1 1 of of 99>>99>>September September 28, 28, 20152015
Exhibit C
Zoning Zoning Board Board of of Adjustment Adjustment (ZBA)(ZBA)<<Page <<Page 1 1 of of 99>>99>>September September 28, 28, 20152015
Exhibit C
Zoning Zoning Board Board of of Adjustment Adjustment (ZBA)(ZBA)<<Page <<Page 1 1 of of 99>>99>>September September 28, 28, 20152015
Exhibit C
Zoning Zoning Board Board of of Adjustment Adjustment (ZBA)(ZBA)<<Page <<Page 1 1 of of 99>>99>>September September 28, 28, 20152015
Exhibit C
Zoning Zoning Board Board of of Adjustment Adjustment (ZBA)(ZBA)<<Page <<Page 1 1 of of 99>>99>>September September 28, 28, 20152015
Exhibit C
Zoning Zoning Board Board of of Adjustment Adjustment (ZBA)(ZBA)<<Page <<Page 1 1 of of 99>>99>>September September 28, 28, 20152015
Exhibit C
Zoning Zoning Board Board of of Adjustment Adjustment (ZBA)(ZBA)<<Page <<Page 1 1 of of 99>>99>>September September 28, 28, 20152015
Exhibit C
Zoning Zoning Board Board of of Adjustment Adjustment (ZBA)(ZBA)<<Page <<Page 1 1 of of 99>>99>>September September 28, 28, 20152015
Exhibit C
Zoning Zoning Board Board of of Adjustment Adjustment (ZBA)(ZBA)<<Page <<Page 1 1 of of 99>>99>>September September 28, 28, 20152015
Exhibit C
Zoning Zoning Board Board of of Adjustment Adjustment (ZBA)(ZBA)<<Page <<Page 1 1 of of 99>>99>>September September 28, 28, 20152015
Exhibit C
Zoning Zoning Board Board of of Adjustment Adjustment (ZBA)(ZBA)<<Page <<Page 1 1 of of 99>>99>>September September 28, 28, 20152015
Exhibit C
Zoning Zoning Board Board of of Adjustment Adjustment (ZBA)(ZBA)<<Page <<Page 1 1 of of 99>>99>>September September 28, 28, 20152015
Exhibit C
Zoning Zoning Board Board of of Adjustment Adjustment (ZBA)(ZBA)<<Page <<Page 1 1 of of 99>>99>>September September 28, 28, 20152015
Exhibit C
Zoning Zoning Board Board of of Adjustment Adjustment (ZBA)(ZBA)<<Page <<Page 1 1 of of 99>>99>>September September 28, 28, 20152015
Exhibit C
Zoning Zoning Board Board of of Adjustment Adjustment (ZBA)(ZBA)<<Page <<Page 1 1 of of 99>>99>>September September 28, 28, 20152015
Exhibit C
Zoning Zoning Board Board of of Adjustment Adjustment (ZBA)(ZBA)<<Page <<Page 1 1 of of 99>>99>>September September 28, 28, 20152015
Exhibit D
MUD EXPANSION.txt
From:Pam Silva
Sent:Monday, September 14, 2015 5:45 PM
To:Ron Ruthven
Cc:rick silva
Subject:MUD EXPANSION
Hi Ron,
My husband and I live at 651 Indian Creek Drive. We received a letter today
which is notice of public hearing regarding the expansion of the water
treatment plant. We cannot attend the meeting but wanted to give our opinion.
We are not in favor of any expansion of the water treatment plant. It is
located directly behind our brand new home and we believe it would not be in
our best interest for an expansion. Thank you for your consideration.
Sincerely,
Pam Silva
Page 1
Zoning Zoning Board Board of of Adjustment Adjustment (ZBA)(ZBA)<<Page <<Page 1 1 of of 99>>99>>September September 28, 28, 20152015
20152015
28, 28,
September September
(Yellow Boundary)
Subject Property
Location Map
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Adjustment Adjustment
of of
Board Board
Zoning Zoning
Trophy Club Entities 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2015-0645-T Version:1 Name:
Type:Agenda Item Status:Regular Session
File created:9/23/2015 In control:Zoning Board of Adjustment (ZBA)
On agenda:9/28/2015 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)1, 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 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
Attachments:Agenda Briefing Special Exception.pdf
Exhibit A.pdf
Exhibit B.pdf
Exhibit C.pdf
DateVer.Action ByActionResult
DiscussionandtakeappropriateactionregardingarequestforaSpecialExceptionto,Chapter13-Comprehensive
ZoningOrdinance,Article7,Section7.01(C)1,7.01(D)and7.01(K)3-toallowafencetoextendbeyondthefront
elevationoftheprimarystructure,allowawaiverofscreeningwallrequirementsandtoallowawaivertothefence
materialrequirementsforapropertylocatedon10.58acreslocatedintheMaryMedlinSurvey,Abstract832onJunction
Way
Zoning Zoning Board Board of of Adjustment Adjustment (ZBA)(ZBA)<<Page <<Page 1 1 of of 99>>99>>September September 28, 28, 20152015
STAFF REPORT
Zoning Board of Adjustment
September 28, 2015
ZBA-15-20B: Special Exception – MUD Wastewater
Treatment Plant
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)1,
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
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
NOTE: This request involves a setback variance and a fence special exception
request under a single application. This briefing only explains the fence special
exception request.
REQUEST:
The applicant,Trophy Club Municipal Utility District,isrequesting approval of a Special
Exceptionregarding fencing and screening related to the expansion of the existing
wastewater treatment facility located at the end of Junction Way.
ZONING:
The subject property is zoned GU-Government Use and CR-Commercial Recreation.
The use of the wastewater treatment plant is authorized by a Conditional Use Permit
approved by the Town Council on August 11, 2015, thereby authorizing further
expansion of the plant provided all other development requirements, including platting,
are satisfied.Upgrading fencing and screening to current code standards is also required.
CURRENT CONDITIONS:
The subject property is approximately 10.58 acres in size and contains a wastewater
treatment plant operated by the Trophy Club Municipal Utility District. The plant was
originally constructed in 1976, prior to the incorporation of the Town.The existing
barbed wire fence was constructed prior to the adoption of the current fence regulations.
Page 1 of 4
Zoning Zoning Board Board of of Adjustment Adjustment (ZBA)(ZBA)<<Page <<Page 1 1 of of 99>>99>>September September 28, 28, 20152015
SPECIAL EXCEPTION REQUEST DETAILS:
According to the attached application, the applicant is requesting the following special
exceptions:
1.To allow a fence to be constructed beyond the front elevation of the primary
structure.The applicant requests that the existing barbed wire fence be allowed to
remain in its current location around the perimeter of the existing wastewater
treatment plant site. Section 7.01(C) states: “Front Elevation: All fences shall be
located a minimum of ten feet (10’) behind the front elevation of the primary
structure.”
2.To allow barbed wire fence to remain as an acceptable fence material. Section
7.01(D) states:
1.“Acceptable Materials:
a.Brick, stone, wrought iron or wood are allowed in accordance with the
requirements of the applicable zoning district.
b.Architectural-grade metal, decorative pre-cast embossed concrete,
concrete masonry unit with decorative facing, colored and embossed
poured-in-place concrete, a combination thereof, vinyl or similar
materials shall be submitted for consideration to the Planning &
Zoning Coordinator or their designee prior to fence permit approval.
i. Prior to the approval of items listed in D(1)(b) above, detailed
plans indicated the height, width, and design shall be submitted for
review and approval. Additional information shall be provided to
substantiate compliance if requested.
2.Prohibited Materials: Unless specifically provided in D(1)(a)&(b) above, all
other materials shall be prohibited including but not limited to, broken glass,
nails, screws or wire or any sharp object affixedto a fence in a manner that
may cause injury to or prevent emergency personnel from climbing such fence
in an emergency. Nails or screws used in a normal construction manner are
not prohibited by this section.”
3.To waive, in its entirety,the screening requirements between the subject property
and the existing single family residential zoned property within PD 31 per the
attached exhibit provided by the applicant. Section 7.01(K)3 states: “Where a
non-residential use abuts a residential lot, use or district, the side and rear
property lines abutting said residential lot, use or district shall be solidly fenced
to a height of eight feet (8’) with a wall of masonry construction, unless other
material has been approved by the Town Council upon recommendation of the
Planning and Zoning Commission, so as to obscure the view from the residential
Page 2 of 4
Zoning Zoning Board Board of of Adjustment Adjustment (ZBA)(ZBA)<<Page <<Page 1 1 of of 99>>99>>September September 28, 28, 20152015
lot, use or district to the non-residential use. The developer of the non-residential
property shall erect the fence or wall required by this Section. Where the district
boundary dividing a residential district from a non-residential district is along a
street or alley, and an automobile parking lot or parking area is located in the
front yard of the non-residential use, the said parking lot or parking area facing
the residential lot, use or district shall be suitably screened with a wall of
masonry construction, unless other material has been approved by the Town
Council upon recommendation of the Planning and Zoning Commission, to a
height of not less than four feet (4’).”
SPECIAL EXCEPTION AUTHORITY:
Section 7.01(P) of the zoning regulations requires any waiver to a 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
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.
Page 3 of 4
Zoning Zoning Board Board of of Adjustment Adjustment (ZBA)(ZBA)<<Page <<Page 1 1 of of 99>>99>>September September 28, 28, 20152015
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 to allow a fence to be constructed beyond the front elevation
of the primary structure, to allow barbed wire to remain as an acceptable fence material
and, to waive, in its entirety, the screening requirements between the subject property and
the existing single family residential zoned property within PD 31.
Staff recommends approval ofthe request subject to the requirement that the portion of
the fence along the southern property line be constructed of decorative wrought iron and
be built to a minimum height of six feet.
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” –Application and Materials Submitted by Applicant
Exhibit “B” –Correspondence Received
Exhibit “C”– Pictures and Exhibits Provided by Staff
Page 4 of 4
Zoning Zoning Board Board of of Adjustment Adjustment (ZBA)(ZBA)<<Page <<Page 1 1 of of 99>>99>>September September 28, 28, 20152015
Exhibit B
From: DannyMayer
Sent: Wednesday, September 23, 2015 1:29 PM
To: bradder@trophyclub.org; mbiggs@trophyclub.org; pboomsma@trophyclub.org; lopipare@trophycl
ub.org; jhennig@trophyclub.org
Subject: MUD Variances ZBA Meeting
Members,
I support approving the variances requested by the MUD with the EXCEPTION OF THE CHAIN LINK
FENCE!
Trophy Club would not approve this type of fencing for any developer, business or home owner and
should not be approved for the MUD. It is compounded by the fact that it would be along a traffic right
of way. Please vote no on this variance.
Danny Mayer
2201 Prestwick Ave
Zoning Zoning Board Board of of Adjustment Adjustment (ZBA)(ZBA)<<Page <<Page 1 1 of of 99>>99>>September September 28, 28, 20152015
Exhibit B
DannyMayer
From:
Date: Thu, Sep 24, 2015 at 9:35 AM
Subject: MUD Variances
To: bradder@trophyclub.org, mbiggs@trophyclub.org, pboomsma@trophyclub.org, l
opipare@trophyclub.org, jhennig@trophyclub.org
ZBA Members,
Yesterday I emailed you yesterday voicing my opposition to the chain link fence variance that is
being requested by the MUD. However, after thinking about the request I would like to amend
my position and offer an alternative to the variance request. I have contacted both the Mayor,
Nick Sanders, and the MUD President, Jim Moss, with my proposal. Understanding that neither
of these gentlemen can speak for their other Board or Council members both indicated that this
could be acceptable and a viable compromise.
Rather than granting a PERMANENT variance to the chain link fence grant a TEMPORARY
variance. The property has a chain link fence in place and the main concern is that the fence will
run along a Town right of way. The temporary variance would expire and the MUD would be
required to construct a fence that would meet all Town fencing ordinances and zoning
requirements if and when the right of way is opened for public use.
I still oppose a permanent variance that would allow a chain link fence but I fully support a
temporary variance as I have described.
Thank you,
Danny Mayer
2201 Prestwick Ave
Zoning Zoning Board Board of of Adjustment Adjustment (ZBA)(ZBA)<<Page <<Page 1 1 of of 99>>99>>September September 28, 28, 20152015
Exhibit B
From: "Renee L Henderson"
Date: Sep 23, 2015 12:20 PM
Subject: MUD Waste Water Request - Residents voice
To: "bradder@trophyclub.org" <bradder@trophyclub.org>,
"mbiggs@trophyclub.org" <mbiggs@trophyclub.org>, "pboomsma@trophyclub.org"
<pboomsma@trophyclub.org>, "lopipare@trophyclub.org"
<lopipare@trophyclub.org>, "jhennig@trophyclub.org" <jhennig@trophyclub.org>
Cc:
Hello Everyone!
I’m a Trophy Club resident for 7 years now. I moved to this town because there are standards in
place to keep our town safe, fun, and most importantly attractive. I am disappointed that the
MUD is asking to allow a chain link fence along the waste water treatment plant southbound. I
feel we should uphold our great town standards and not allow a chain link fence. Once you open
this door for one person/project then others will want their chain link fences. If we do it now for
the MUD it will be used as an example for others to point to it and ask why them and not me? In
addition who and why would the towns people want an open view of a waste water plant?
One would think the MUD should be able to afford (adjust budgets, etc) something better then a
chain link fence. Please, I ask of you for the town and all residents to not allow the MUD to use
a chain link fence. Thank you very much for your time.
Warm regards,
Renee Henderson
Renee Henderson
Manager, Global Client Group
American Express Global Business Travel
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Zoning Zoning Board Board of of Adjustment Adjustment (ZBA)(ZBA)<<Page <<Page 1 1 of of 99>>99>>September September 28, 28, 20152015
Exhibit B
Business Travel », « American Express » et le logo American Express sont des marques
d’American Express et sont utilisées par GBT aux termes d’une licence limitée.
Zoning Zoning Board Board of of Adjustment Adjustment (ZBA)(ZBA)<<Page <<Page 1 1 of of 99>>99>>September September 28, 28, 20152015
20152015
28, 28,
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Subject Property
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Adjustment Adjustment
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Adjustment Adjustment
of of
Board Board
Zoning Zoning
Trophy Club Entities 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2015-0646-T Version:1 Name:
Type:Agenda Item Status:Regular Session
File created:9/23/2015 In control:Zoning Board of Adjustment (ZBA)
On agenda:9/28/2015 Final action:
Title: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.
Attachments:Agenda Briefing.pdf
Exhibit A.pdf
Exhibit B.pdf
Exhibit C.pdf
DateVer.Action ByActionResult
Discussionandtakeappropriateactionregardingarequestforavariancetotherearsetbackandlotcoverage
requirements for a property located at 311 Village Trail on Lot 25, Block B, Lakeside at Trophy Club.
Zoning Zoning Board Board of of Adjustment Adjustment (ZBA)(ZBA)<<Page <<Page 1 1 of of 99>>99>>September September 28, 28, 20152015
STAFF REPORT
Zoning Board of Adjustment
September 28, 2015
ZBA-15-21: Variance – 311 Village Trail
SUBJECT:
Discussion and take appropriate action regarding a request for a variance to the
rear setback requirements for a property located at 311 Village Trail on Lot 25,
Block B, Lakeside at Trophy Club.
REQUEST:
The applicants, Syed and Rafia Ali,arerequesting approval of a variance to the rear
setback requirements in order to construct an addition to their home.
ZONING:
The subject property is zoned PD Planned Development Residential and is located in the
PD 12district.
CURRENT CONDITIONS:
The subject property isapproximately 8,905square feet in size and containsa3,447
square foot home that was built in 1997.
VARIANCEREQUEST DETAILS:
PD 12, approved by Ordinance 93-06 (attached), requires that the subject property
contain a 20 foot rear yard building setback (Exhibit C, Section E(6)).
The applicant is requesting to construct a 270 square foot, 18’ x 15’, addition onto the
back of the home. The addition would contain an additional bedroom and full bathroom.
The applicant states that the addition is needed in order to accommodate a mentally
challenged family member who has difficulty using the stairs to accessan upstairs
bedroom.
The proposed addition would encroach into the 20 foot rear setback by 15 feet.
VARIANCEAUTHORITY:
Section 8.05(H)3, Chapter 13, Code of Ordinances states that, when considering a
variance, the Zoning Board of Adjustment has the following power:
Page 1 of 4
Zoning Zoning Board Board of of Adjustment Adjustment (ZBA)(ZBA)<<Page <<Page 1 1 of of 99>>99>>September September 28, 28, 20152015
“To authorize upon appeal in special cases, such variances from the terms of this
ordinance as will not be contrary to the public interest, where, owing to special
conditions, the literal enforcement of the provision of this ordinance will result in
unnecessary hardship
, so that the spirit of this ordinance shall be observed and
substantial justice done.”
With regard to a variance, a hardship must be related to a special condition unique to the
property in question such that it could not be developed, or a building constructed, in a
reasonable manner. Additionally, a hardship cannot be self-created. The following
questions best illustratehow to determine a true hardship in the case of a variance
request:
1.Is the request for a variance owing to a special condition inherent in the property
itself (e.g., odd-shaped lot, unusual topography, etc.)?
If yes, CONTINUE
If no, STOP, there is no hardship
2.Is the condition one unique to the property requesting the variance (unusual slope,
odd location, etc.)?
If yes, CONTINUE
If no, STOP, there is no hardship
3.Is the condition self-imposed or self-created?
If yes, STOP, there is no hardship
If no, CONTINUE
4.Will a literal enforcement of the zoning ordinance result in an unnecessary
hardship?
If yes, CONTINUE
If no, STOP, there is no hardship
5.Will the hardship prevent any reasonable use whatsoever? Note: Financial
considerations alone cannot satisfy this requirement.
If yes, CONTINUE
If no, STOP, there is no hardship
6.Would the grant of the variance be contrary to the public interest?
If yes, STOP, there is no hardship
If no, CONTINUE
Page 2 of 4
Zoning Zoning Board Board of of Adjustment Adjustment (ZBA)(ZBA)<<Page <<Page 1 1 of of 99>>99>>September September 28, 28, 20152015
7.Is the request within the spirit of the ordinance and does it further substantial
justice?
If yes, CONTINUE
If no, STOP, there is no hardship
PUBLIC NOTIFICATION
Per the requirements of the State of Texas and the Trophy Club Code of Ordinances, a
notice of public hearing concerning the zoning request was published in the Fort Worth
Star Telegram. Notice was also mailed to 28 property owners within 200 feet of the
subject property. To date no correspondence has been received.
STAFF REVIEW
:
The applicant is requesting a variance to encroach 15 feet into the required 20 foot rear
setback. The reasonfor the request as stated by the applicant istocreate additional
ground floor space to accommodate a mentally challenged family member who has
difficulty using the stairs to access an upstairs bedroom.
While certainly a rational reason for requesting an addition, the request does not meet the
threshold for a hardship per the following analysis based on the questions above:
The variance is not based on a condition unique to the property.
1.The lot size
and dimensions conform to the minimum lot size and dimension requirements
contained in the PD 12 regulations and is, therefore, similar in characterand
shape to other lots within the PD 12 zoning district. There are no other conditions
that are unique to this property.
Literal enforcement of the zoning ordinance will not result in an unnecessary
2.
hardship.
Strictly financial considerations cannot be used to determine a
hardship. As such, the option to expand the home vertically within the existing
building footprint is available to the applicant.
Therefore, based on the above criteria for determining a variance hardship, staff
recommends denial of the request.
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
Page 3 of 4
Zoning Zoning Board Board of of Adjustment Adjustment (ZBA)(ZBA)<<Page <<Page 1 1 of of 99>>99>>September September 28, 28, 20152015
Exhibit “B” – PD 12 Ordinance
Exhibit “C”– Pictures and Exhibits Provided by Staff
Page 4 of 4
Zoning Zoning Board Board of of Adjustment Adjustment (ZBA)(ZBA)<<Page <<Page 1 1 of of 99>>99>>September September 28, 28, 20152015
Exhibit A
ZBA-15-2
Zoning Zoning Board Board of of Adjustment Adjustment (ZBA)(ZBA)<<Page <<Page 1 1 of of 99>>99>>September September 28, 28, 20152015
Exhibit A
Zoning Zoning Board Board of of Adjustment Adjustment (ZBA)(ZBA)<<Page <<Page 1 1 of of 99>>99>>September September 28, 28, 20152015
Exhibit A
Zoning Zoning Board Board of of Adjustment Adjustment (ZBA)(ZBA)<<Page <<Page 1 1 of of 99>>99>>September September 28, 28, 20152015
Exhibit A
Zoning Zoning Board Board of of Adjustment Adjustment (ZBA)(ZBA)<<Page <<Page 1 1 of of 99>>99>>September September 28, 28, 20152015
20152015
28, 28,
September September
A
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Adjustment Adjustment
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Zoning Zoning
20152015
28, 28,
September September
A
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(ZBA)(ZBA)
Adjustment Adjustment
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Board Board
Zoning Zoning
Exhibit B
Zoning Zoning Board Board of of Adjustment Adjustment (ZBA)(ZBA)<<Page <<Page 1 1 of of 99>>99>>September September 28, 28, 20152015
Exhibit B
Zoning Zoning Board Board of of Adjustment Adjustment (ZBA)(ZBA)<<Page <<Page 1 1 of of 99>>99>>September September 28, 28, 20152015
Exhibit B
Zoning Zoning Board Board of of Adjustment Adjustment (ZBA)(ZBA)<<Page <<Page 1 1 of of 99>>99>>September September 28, 28, 20152015
Exhibit B
Zoning Zoning Board Board of of Adjustment Adjustment (ZBA)(ZBA)<<Page <<Page 1 1 of of 99>>99>>September September 28, 28, 20152015
Exhibit B
Zoning Zoning Board Board of of Adjustment Adjustment (ZBA)(ZBA)<<Page <<Page 1 1 of of 99>>99>>September September 28, 28, 20152015
20152015
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Exhibit B
Zoning Zoning Board Board of of Adjustment Adjustment (ZBA)(ZBA)<<Page <<Page 1 1 of of 99>>99>>September September 28, 28, 20152015
Exhibit B
Zoning Zoning Board Board of of Adjustment Adjustment (ZBA)(ZBA)<<Page <<Page 1 1 of of 99>>99>>September September 28, 28, 20152015
Exhibit B
Zoning Zoning Board Board of of Adjustment Adjustment (ZBA)(ZBA)<<Page <<Page 1 1 of of 99>>99>>September September 28, 28, 20152015
Exhibit B
Zoning Zoning Board Board of of Adjustment Adjustment (ZBA)(ZBA)<<Page <<Page 1 1 of of 99>>99>>September September 28, 28, 20152015
Exhibit B
Zoning Zoning Board Board of of Adjustment Adjustment (ZBA)(ZBA)<<Page <<Page 1 1 of of 99>>99>>September September 28, 28, 20152015
Exhibit B
Zoning Zoning Board Board of of Adjustment Adjustment (ZBA)(ZBA)<<Page <<Page 1 1 of of 99>>99>>September September 28, 28, 20152015
Exhibit B
Zoning Zoning Board Board of of Adjustment Adjustment (ZBA)(ZBA)<<Page <<Page 1 1 of of 99>>99>>September September 28, 28, 20152015
Exhibit B
Zoning Zoning Board Board of of Adjustment Adjustment (ZBA)(ZBA)<<Page <<Page 1 1 of of 99>>99>>September September 28, 28, 20152015
Exhibit B
Zoning Zoning Board Board of of Adjustment Adjustment (ZBA)(ZBA)<<Page <<Page 1 1 of of 99>>99>>September September 28, 28, 20152015
20152015
28, 28,
September September
B
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Adjustment Adjustment
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Zoning Zoning
20152015
28, 28,
September September
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Zoning Zoning
20152015
28, 28,
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Zoning Zoning
20152015
28, 28,
September September
B
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Exhibit
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(ZBA)(ZBA)
Adjustment Adjustment
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Zoning Zoning
Exhibit B
Zoning Zoning Board Board of of Adjustment Adjustment (ZBA)(ZBA)<<Page <<Page 1 1 of of 99>>99>>September September 28, 28, 20152015
20152015
28, 28,
September September
Aerial of Subject Property
C
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Exhibit
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1 1
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NORTH
311 Village Trail
Property
Subject
(ZBA)(ZBA)
Adjustment Adjustment
of of
Board Board
Zoning Zoning
20152015
28, 28,
September September
NORTH
Variance Exhibit
C
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Exhibit
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1 1
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5 feet from rear
property line
Proposed
Addition
(ZBA)(ZBA)
Adjustment Adjustment
of of
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Zoning Zoning
20152015
28, 28,
September September
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Exhibit
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1 1
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Property
Subject
(ZBA)(ZBA)
Adjustment Adjustment
of of
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Zoning Zoning
NORTH
Trophy Club Entities 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2015-0647-T Version:1 Name:
Type:Agenda Item Status:Regular Session
File created:9/24/2015 In control:Zoning Board of Adjustment (ZBA)
On agenda:9/28/2015 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)1 - regarding the construction of a gate
along the front of the home, being located at 351 Becket Place, Trophy Club, TX, Case #ZBA-15-18
Attachments:Agenda Briefing.pdf
Exhibit A.pdf
Exhibit B.pdf
DateVer.Action ByActionResult
DiscussionandtakeappropriateactionregardingarequestforaSpecialExceptionto,Chapter13-Comprehensive
ZoningOrdinance,Article7,Section7.01(C)1-regardingtheconstructionofagatealongthefrontofthehome,being
located at 351 Becket Place, Trophy Club, TX, Case #ZBA-15-18
Zoning Zoning Board Board of of Adjustment Adjustment (ZBA)(ZBA)<<Page <<Page 1 1 of of 99>>99>>September September 28, 28, 20152015
STAFF REPORT
Zoning Board of Adjustment
September 28, 2015
ZBA-15-18: Special Exception – 351 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)1 –
regarding the construction of a gate and fence along the front of the home, being
located at 351 Becket Place, Trophy Club, TX.
NOTE: At the September 10, 2015 meeting the Board voted to table this item to the
September 28, 2015 meeting since the applicant was not present.
REQUEST:
The applicant, Jorge Bernal,isrequesting approval of a Special Exceptionfor a proposed
gateand fenceto be constructed flush with the front façade of the homeat 351 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 27,530square feet in size and containsa 6,243
square foot single family home that is nearing completion.
SPECIAL EXCEPTION REQUEST DETAILS:
Given the absence of any front yard fencing requirements in the PD 31 zoning for the
subject property mentioned above, any fences on the property must meet the fencing
requirements in the Town zoning regulations. Section 7.01(C)1 of the zoning regulations
state:
“Front Elevation: All fences shall be located a minimum of ten feet (10’)
behind the front elevation of the primary structure.”
The gate would becomposed of decorative metal and beflush with the front
elevation of the home and be connected to two masonry columns.
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Zoning Zoning Board Board of of Adjustment Adjustment (ZBA)(ZBA)<<Page <<Page 1 1 of of 99>>99>>September September 28, 28, 20152015
SPECIAL EXCEPTION AUTHORITY:
Section 7.01(P) of the zoning regulations requires any waiver to a 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
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.”
Page 2 of 3
Zoning Zoning Board Board of of Adjustment Adjustment (ZBA)(ZBA)<<Page <<Page 1 1 of of 99>>99>>September September 28, 28, 20152015
STAFF REVIEW AND RECOMMENDATION
:
The applicant is requesting to construct a gate flush with the front line of the home. The
fence regulations require that fences, including gates, be setback a minimum of ten feet
behind the front elevation of the home. The purpose of the ten foot fence offset
requirement from the front elevation is to provide further articulation and wall breaks
within the street yard thereby enhancing community aesthetics. However, the
transparency created by a decorative metal gate does serve to dampen the street yard
“wall” effect that this section of the fence regulations seeks to address.That said, as
section two above states, 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.A similar request for a decorative metal gate flush with the front of
the home was approved for 344 Dover Lane by the Board on March 17, 2015.
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
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Zoning Zoning Board Board of of Adjustment Adjustment (ZBA)(ZBA)<<Page <<Page 1 1 of of 99>>99>>September September 28, 28, 20152015
Exhibit A
Zoning Zoning Board Board of of Adjustment Adjustment (ZBA)(ZBA)<<Page <<Page 1 1 of of 99>>99>>September September 28, 28, 20152015
Exhibit A
Zoning Zoning Board Board of of Adjustment Adjustment (ZBA)(ZBA)<<Page <<Page 1 1 of of 99>>99>>September September 28, 28, 20152015
Exhibit A
Zoning Zoning Board Board of of Adjustment Adjustment (ZBA)(ZBA)<<Page <<Page 1 1 of of 99>>99>>September September 28, 28, 20152015
Exhibit A
Zoning Zoning Board Board of of Adjustment Adjustment (ZBA)(ZBA)<<Page <<Page 1 1 of of 99>>99>>September September 28, 28, 20152015
Exhibit A
Zoning Zoning Board Board of of Adjustment Adjustment (ZBA)(ZBA)<<Page <<Page 1 1 of of 99>>99>>September September 28, 28, 20152015
Exhibit A
Zoning Zoning Board Board of of Adjustment Adjustment (ZBA)(ZBA)<<Page <<Page 1 1 of of 99>>99>>September September 28, 28, 20152015
Exhibit A
Zoning Zoning Board Board of of Adjustment Adjustment (ZBA)(ZBA)<<Page <<Page 1 1 of of 99>>99>>September September 28, 28, 20152015
20152015
28, 28,
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Aerial of Subject Property
B
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Property
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Existing Conditions Exhibit
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Location
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Fence
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Gate
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Exhibit
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Site Plan
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Gate Example Provided by Applicant
B
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Plat Exhibit
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