Agenda Packet ZBA 04/15/2015
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Zoning Board of AdjustmentPage 1 of 43April 15, 2015
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Zoning Board of AdjustmentPage 2 of 43April 15, 2015
Trophy Club Entities 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2015-0252-T Version:1 Name:
Type:Agenda Item Status:Draft
File created:4/10/2015 In control:Zoning Board of Adjustment (ZBA)
On agenda:4/15/2015 Final action:
Title: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 342 Dover Lane, Trophy Club, TX.
Attachments:Staff Report
Exhibit "A"
Exhibit "B"
DateVer.Action ByActionResult
ConsiderationofarequestforaSpecialExceptionto,Chapter13-ComprehensiveZoningOrdinance,Article7,Section
7.01(C)2-regardingtheconstructionofafencewithinthesideyardbuildingsetbackalongthestreet,beinglocatedat
342 Dover Lane, Trophy Club, TX.
Zoning Board of AdjustmentPage 3 of 43April 15, 2015
STAFF REPORT
Zoning Board of Adjustment
April 15, 2015
ZBA-15-15: 342Dover Lane
SUBJECT
:
Zoning Board of Adjustment to conduct a Discussion and take appropriate action
regarding a request for a Special Exceptionto, 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 342Dover Lane,
Trophy Club, TX.
REQUEST:
The applicant,James Sluder,isrequesting approval of a Special Exceptionfor a proposed
fence at 342 Dover Lane.
ZONING:
The subject property is zoned PD-Planned Development District and is located within PD
31. PD 31 does not contain any specific fencing requirements relativeto the applicant’s
request.
CURRENT CONDITIONS:
The subject property is approximately 18,949square feet in size and contains a single
family homethat is nearing completion of construction. The home was permitted for
construction in May, 2014.
SPECIALEXCEPTION 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 yardfences 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.”
Per the attached plans, the fence would be located 10 feet from the property line
along the cul-de-sac. Per the attached exhibit, the plat for the property shows a 20
foot setback along Becket Place. The fence would start at the back corner of the
Page 1 of 3
Zoning Board of AdjustmentPage 4 of 43April 15, 2015
house and end about ten feet short of the property cornerwhere the north portion
of the lot meets the golf course.
According to the applicant, the fence will be a six-foot wrought iron fence with
masonry columns.
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 theSpecial Exception. The Zoning Board of Adjustment
may require a person requesting a Special Exception to provide proof
Page 2 of 3
Zoning Board of AdjustmentPage 5 of 43April 15, 2015
as the Board determines necessary and appropriate for the Board to
evaluate the application for Special Exception.”
STAFF REVIEW AND RECOMMENDATION
:
The applicant is requesting a Special Exception to allow a six foot wrought iron fence
with masonry columns to be built ten into the required 20 foot 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. However, given the
location and configuration of this lot andwhere the fence is proposed to be located, the
effect of the fence on the street yard will be minimal. Additionally, the configuration of
the lot is very unique as it relates to other lots in the community as follows:
1.The lot is the only lot on the south side of the cul-de-sac and backs up to the golf
course;
2.The lot contains five directional breaks (five sides);
3.The home fronts on Dover, and not on Becket, making the entire frontage along
Beckett the side yard of the lotand leaving the street yard on the south side of
Beckett completely contained on the subject property;
4.The cul-de-sac radius constricts the rear yard of the home significantly such that
much of the back yard cannot be fenced due to the 20 foot setback.
5.Only one other lot in the Town completely matches the above conditions and it is
located at 366 Dover Lane.
Given these conditions,it is staff’s opinion that the applicant’s request meets the general
criteria noted above for granting a special exception, particularly with regard to the
proposed fence being primarily composed of wrought iron thereby leaving some
transparency.
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 AdjustmentPage 6 of 43April 15, 2015
Exhibit "A"
Town of Trophy Club
ZONING BOARD OF ADJUSTMENT
Appeals to the Zoning Board of Adjustment may be made regarding zoning issues. In
order to apply for a variance, the applicant must show a hardship that: (1) is not
financial alone, (2) is not self-induced, (3) does not provide a privilege that others have
been denied, or (4) does not deny a privilege others have been granted.
The following items will be required for submittal:
A completed application
Application Fee: $150.00
NOTE:
Additional fees for public hearing notice publication and postage must be paid
prior to the date of the ZBA hearing.
Zoning Board of AdjustmentPage 7 of 43April 15, 2015
Exhibit "A"
Zoning Board of AdjustmentPage 8 of 43April 15, 2015
Exhibit "A"
Zoning Board of AdjustmentPage 9 of 43April 15, 2015
Exhibit "A"
Zoning Board of AdjustmentPage 10 of 43April 15, 2015
Exhibit "A"
Zoning Board of AdjustmentPage 11 of 43April 15, 2015
Exhibit "A"
Zoning Board of AdjustmentPage 12 of 43April 15, 2015
2015
15,
April
Aerial of Subject Property
Exhibit "B"
of 43
13
Page
NORTH
342 Dover Lane
Property
Subject
Adjustment
of
Board
Zoning
2015
15,
Home Nearing
April
Completion
Sidewalk
Location
Future
Existing Conditions Exhibit
Exhibit "B"
of 43
14
Proposed
Location
Page
Fence
Adjustment
of
Board
Zoning
2015
15,
April
NORTH
Site Plan
Exhibit "B"
of 43
15
Page
Proposed Fence
Building Line
Location
20 Foot
Adjustment
of
Board
Zoning
2015
15,
April
Property
Subject
NORTH
Plat Exhibit
Exhibit "B"
of 43
16
Page
Adjustment
of
Board
Zoning
Trophy Club Entities 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2015-0253-T Version:1 Name:
Type:Agenda Item Status:Draft
File created:4/10/2015 In control:Zoning Board of Adjustment (ZBA)
On agenda:4/15/2015 Final action:
Title: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.
Attachments:Staff Report
Exhibit "A"
Exhibit "B"
DateVer.Action ByActionResult
ConsiderationofarequestforaSpecialExceptionto,Chapter13-ComprehensiveZoningOrdinance,Article7,Section
7.01(C)2-regardingtheconstructionofafencewithinthesideyardbuildingsetbackalongthestreet,beinglocatedat
366 Dover Lane, Trophy Club, TX.
Zoning Board of AdjustmentPage 17 of 43April 15, 2015
STAFF REPORT
Zoning Board of Adjustment
April 15, 2015
ZBA-15-16: 366Dover Lane
SUBJECT
:
Zoning Board of Adjustment to conduct a Discussion and take appropriate action
regarding a request for a Special Exceptionto, 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 366Dover Lane,
Trophy Club, TX.
REQUEST:
The applicant, Fred Freeland,isrequesting approval of a Special Exceptionfor a
proposed fence at 366 Dover Lane.
ZONING:
The subject property is zoned PD-Planned Development District and is located within PD
31. PD 31 does not contain any specific fencing requirements relative to the applicant’s
request.
CURRENT CONDITIONS:
The subject property is approximately 21,432 square feet in size and contains a single
family home that is nearing completion of construction. The home was permitted for
construction in August, 2014.
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.”
Per the attached plans and the applicant’s application, the applicant proposes to
encroach 18 feet into the required 20 foot front setback. The fence would be
located about two feet from the property line along the cul-de-sacbehind the
Page 1 of 4
Zoning Board of AdjustmentPage 18 of 43April 15, 2015
sidewalk. Per the attached exhibit, the plat for the property shows a 25 foot
setback along Ramsey Trail until the cul-de-sac radius starts, where the building
line is reduced to 20 feet. The fence would start about 20 feet north of the back
corner of the house, traverse west to a point two feet behind the sidewalk, then
run adjacent to the sidewalk to the southwest property corner with the golf course.
The fence would then continue eastward along the rear property line.
According to the applicant, the fence will be a six-foot wrought iron fence.
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 2 of 4
Zoning Board of AdjustmentPage 19 of 43April 15, 2015
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 AND RECOMMENDATION
:
The applicant is requesting a Special Exception to allow a six foot wrought iron fence to
be built 18 feetinto the required 20 foot 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. However, given the location and
configuration of this lot and where the fence is proposed to be located, the effect of the
fence on the street yard will be minimal. Additionally, the configuration of the lot is very
unique as it relates to other lots in the community as follows:
1.The lot is the only lot on the eastside of the cul-de-sac and backs up to the golf
course. However, given a clear street yard site line going north on Ramsey Trail
from the subject property, it is important to notethat the proposed fence would
remain behind the 25 foot setback thereby leaving the site line open looking
northward;
2.The lot contains five directional breaks (five sides);
3.The home fronts on Dover, and not on Ramsey, making the entire frontage along
Ramseythe side yard of the lot and leaving the street yard on the south side of
Ramsey completely contained on the subject property;
4.The cul-de-sac radius constricts the rear yard of the home significantly such that
much of the back yard cannot be fenced due to the 20 foot setback.
5.Only one other lot in the Town completely matches the above conditions and it is
located at 342Dover Lane.
Given these conditions, it is staff’s opinion that the applicant’s request meets the general
criteria noted above for granting a special exception, particularly with regard to the
proposed fence being primarily composed of wrought iron thereby leaving some
transparency.
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;
Page 3 of 4
Zoning Board of AdjustmentPage 20 of 43April 15, 2015
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 4 of 4
Zoning Board of AdjustmentPage 21 of 43April 15, 2015
Exhibit "A"
Zoning Board of AdjustmentPage 22 of 43April 15, 2015
Exhibit "A"
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Exhibit "A"
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Exhibit "A"
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Exhibit "A"
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Exhibit "A"
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Exhibit "A"
Zoning Board of AdjustmentPage 29 of 43April 15, 2015
Exhibit "A"
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Exhibit "A"
Zoning Board of AdjustmentPage 31 of 43April 15, 2015
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Zoning Board of AdjustmentPage 32 of 43April 15, 2015
Exhibit "A"
Zoning Board of AdjustmentPage 33 of 43April 15, 2015
Exhibit "A"
Zoning Board of AdjustmentPage 34 of 43April 15, 2015
Exhibit "A"
Zoning Board of AdjustmentPage 35 of 43April 15, 2015
Exhibit "A"
Zoning Board of AdjustmentPage 36 of 43April 15, 2015
Exhibit "A"
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Exhibit "A"
Zoning Board of AdjustmentPage 38 of 43April 15, 2015
Exhibit "A"
Zoning Board of AdjustmentPage 39 of 43April 15, 2015
2015
15,
April
Aerial of Subject Property
Exhibit "B"
of 43
40
Page
NORTH
366 Dover Lane
Property
Subject
Adjustment
of
Board
Zoning
2015
15,
April
Existing Conditions Exhibit
Exhibit "B"
of 43
41
Page
Proposed
Location
Fence
Completion
Nearing
Home
Adjustment
of
Board
Zoning
2015
15,
April
Proposed Fence
Building Line
20 Foot
Location
Site Plan
Exhibit "B"
of 43
42
Page
Adjustment
of
Board
Zoning
2015
15,
April
Property
Subject
NORTH
Plat Exhibit
Exhibit "B"
of 43
43
Page
Adjustment
of
Board
Zoning