Agenda Packet ZBA 09/10/2015
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Zoning Board of AdjustmentPage 1 of 50September 10, 2015
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Zoning Board of AdjustmentPage 2 of 50September 10, 2015
Trophy Club Entities 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2015-0597-T Version:1 Name:
Type:Agenda Item Status:Regular Session
File created:9/4/2015 In control:Zoning Board of Adjustment (ZBA)
On agenda:9/10/2015 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 Board of AdjustmentPage 3 of 50September 10, 2015
STAFF REPORT
Zoning Board of Adjustment
September 10, 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.
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.
Page 1 of 3
Zoning Board of AdjustmentPage 4 of 50September 10, 2015
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 Board of AdjustmentPage 5 of 50September 10, 2015
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
Page 3 of 3
Zoning Board of AdjustmentPage 6 of 50September 10, 2015
Exhibit A
Zoning Board of AdjustmentPage 7 of 50September 10, 2015
Exhibit A
Zoning Board of AdjustmentPage 8 of 50September 10, 2015
Exhibit A
Zoning Board of AdjustmentPage 9 of 50September 10, 2015
Exhibit A
Zoning Board of AdjustmentPage 10 of 50September 10, 2015
Exhibit A
Zoning Board of AdjustmentPage 11 of 50September 10, 2015
Exhibit A
Zoning Board of AdjustmentPage 12 of 50September 10, 2015
Exhibit A
Zoning Board of AdjustmentPage 13 of 50September 10, 2015
2015
10,
September
Aerial of Subject Property
B
Exhibit
of 50
14
Page
NORTH
351 Becket Place
Property
Subject
Adjustment
of
Board
Zoning
2015
10,
September
Existing Conditions Exhibit
B
Exhibit
Proposed
of 50
Location
15
Fence
Page
Proposed
Location
Gate
Adjustment
of
Board
Zoning
Bu 2015
10,
September
B
Exhibit
of 50
Proposed Fence/
Site Plan
16
Gate Location
Page
Adjustment
of
Board
Zoning
2015
10,
September
Gate Example Provided by Applicant
B
Exhibit
of 50
17
Page
Adjustment
of
Board
Zoning
2015
10,
September
Property
Subject
NORTH
Plat Exhibit
B
Exhibit
of 50
18
Page
Adjustment
of
Board
Zoning
Trophy Club Entities 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2015-0598-T Version:1 Name:
Type:Agenda Item Status:Regular Session
File created:9/4/2015 In control:Zoning Board of Adjustment (ZBA)
On agenda:9/10/2015 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)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 #ZBA-15-19
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 300 Tait Court, Trophy Club, TX, Case #ZBA-15-19
Zoning Board of AdjustmentPage 19 of 50September 10, 2015
STAFF REPORT
Zoning Board of Adjustment
September 10, 2015
ZBA-15-19: Special Exception – 300 Tait Court
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 300 Tait Court, Trophy Club, TX.
REQUEST:
The applicants, Tom and Rhonda Bellm,arerequesting approval of a Special Exception
for a proposed fence at 300 Tait Court.
ZONING:
The subject property is zoned PD Planned Development Residential and is located in the
PD 31 district.
CURRENT CONDITIONS:
The subject property isapproximately 18,774square feet in size and containsa4,866
square foot home that is currently under construction.
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 25 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
15 feet into the required 25 foot 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 AdjustmentPage 20 of 50September 10, 2015
Tenison Trailextends approximately 10 feet from the back of the curb line of the
road.
According to the applicant, the fence will be a six foot wood fence.
The applicant is requesting the variance in order to provide screening for the air
conditioning unitsalong the north side of the house, provide privacy for the north
facing kitchen window and allow for more usable space in the back yard.
There are few existing homes within this portion of the subdivision and few
similar lots exist.
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
Page 2 of 3
Zoning Board of AdjustmentPage 21 of 50September 10, 2015
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 asix foot wood fence to be built
15feetinto the required 25foot 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
egress from individual lots.
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 22 of 50September 10, 2015
Exhibit A
Zoning Board of AdjustmentPage 23 of 50September 10, 2015
Exhibit A
Zoning Board of AdjustmentPage 24 of 50September 10, 2015
Exhibit A
Zoning Board of AdjustmentPage 25 of 50September 10, 2015
Exhibit A
Zoning Board of AdjustmentPage 26 of 50September 10, 2015
Exhibit A
Zoning Board of AdjustmentPage 27 of 50September 10, 2015
Exhibit A
Zoning Board of AdjustmentPage 28 of 50September 10, 2015
Exhibit A
Zoning Board of AdjustmentPage 29 of 50September 10, 2015
Exhibit A
Zoning Board of AdjustmentPage 30 of 50September 10, 2015
Exhibit A
Zoning Board of AdjustmentPage 31 of 50September 10, 2015
Exhibit A
Zoning Board of AdjustmentPage 32 of 50September 10, 2015
Exhibit A
Zoning Board of AdjustmentPage 33 of 50September 10, 2015
2015
10,
September
NORTH
Aerial of Subject Property
B
Exhibit
of 50
34
Page
300 Tait Court
Property
Subject
Adjustment
of
Board
Zoning
2015
10,
September
Home Under
Construction
Existing Conditions Exhibit
Area Proposed to
B
be Fenced
Exhibit
of 50
35
Page
25 Foot Setback
Area
Adjustment
Tenison
Trail
of
Board
Zoning
2015
10,
September
Site Plan
B
Exhibit
of 50
36
Page
Building Line
25 Foot
Proposed
Location
Fence
Adjustment
of
Board
Zoning
2015
10,
NORTH
September
Property
Subject
Plat Exhibit
B
Exhibit
of 50
37
Page
Adjustment
of
Board
Zoning
Trophy Club Entities 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2015-0599-T Version:1 Name:
Type:Agenda Item Status:Regular Session
File created:9/4/2015 In control:Zoning Board of Adjustment (ZBA)
On agenda:9/10/2015 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)2 - 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., Case #ZBA-15-17
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 2 East Hillside Place, Trophy Club, TX., Case #ZBA-15-17
Zoning Board of AdjustmentPage 38 of 50September 10, 2015
STAFF REPORT
Zoning Board of Adjustment
September 10, 2015
ZBA-15-17: Special Exception - 2 East Hillside 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 2 East Hillside Place, Trophy Club, TX.
REQUEST:
The applicants, Robert and Heather McMahan, arerequesting approval of a Special
Exception for a proposed fence at 2 East Hillside Place.
ZONING:
The subject property is zoned R10-Single Family ResidentialDistrict.
CURRENT CONDITIONS:
The subject property is approximately 12,151square feet in size and containsa 2,800
square foot single family home that was constructed in 1991.
SPECIAL EXCEPTION REQUEST DETAILS:
Chapter 13-Zoning in the Code of Ordinances, Section 7.01(C)2 states:
“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, Section 12, Trophy Club Addition, a 15
foot side yard building line exists on subject property along Indian Creek Drive.
Per the attached plans and the applicant’s application, the applicant proposes to
encroach approximately 12 feet into the required 15 foot side yard setback, which
would place the fence approximately 3 feet behind the property line and 13 feet
from the curb.The right-of-way for Indian Creek Drive extends approximately
10 feet from the back of the curb line of the road.
Page 1 of 3
Zoning Board of AdjustmentPage 39 of 50September 10, 2015
According to the applicant, the fence will be a six-foot, three inch tall wood fence.
A 12 foot long metal and wood sliding gate would be placed across the driveway,
which accesses Indian Creek Drive.
The applicant is requesting the variance in order to construct a pool in the back
yard. In order to avoid removing a large tree in the back yard to accommodate the
pool, the applicant proposes to expand the back yard area through this request.
The applicant states that the lot behind the subject property at 42 West Hillside
Placecontains an existing encroaching fence and that their proposed fence would
line up with this fence. A staff site measurement of the existing fence at 42 West
Hillside Place showed the fence to be located approximately 14 feet from the back
of the curb line of Indian Creek Drive. In addition to 42 West Hillside Place, the
lot at 41 West Hillside Place also contains an existing fence that is located ten feet
from the curb line of Indian Creek Drive. Staff could find no record of any
previously approved special exceptions for the existing fences at 41 and 42 West
Hillside Place.
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
Page 2 of 3
Zoning Board of AdjustmentPage 40 of 50September 10, 2015
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 a six foot, three inch woodfence
to be built 12 feet into the required 15 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. Although not approved by The Town,
the properties at 41 and 42 West Hillside Place contain existing encroachments as do
other corner lots along Indian Creek Drive.
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 41 of 50September 10, 2015
Exhibit A
Zoning Board of AdjustmentPage 42 of 50September 10, 2015
Exhibit A
Zoning Board of AdjustmentPage 43 of 50September 10, 2015
Exhibit A
Zoning Board of AdjustmentPage 44 of 50September 10, 2015
Exhibit A
Zoning Board of AdjustmentPage 45 of 50September 10, 2015
Exhibit A
Zoning Board of AdjustmentPage 46 of 50September 10, 2015
2015
10,
September
2 East Hillside Place
Property
Subject
Aerial of Subject Property
B
Exhibit
of 50
47
Page
Adjustment
of
Board
Zoning
NORTH
2015
10,
Yard Fence at 42
September
Existing Side
W. Hillside
Existing Conditions Exhibit
B
Exhibit
of 50
North Side of
48
Page
House
Proposed
Location
Fence
Adjustment
of
Board
Zoning
2015
10,
September
Building Line
Proposed Fence
15 Foot
Location
B
Exhibit
of 50
49
Page
Site Plan
Adjustment
of
Board
Zoning
2015
10,
September
Property
Subject
Plat Exhibit
B
Exhibit
of 50
50
Page
Adjustment
of
Board
Zoning
NORTH