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Minutes ZBA 11/22/2011Trophy Club Entities Meeting Minutes Zoning Board of Adjustment (ZBA) 100 Municipal Drive Trophy Club, Texas 76262 Tuesday, November z2,oVn 4:00 PM Svore Municipal Building Boardroom Call ToOrder and announce uquorum. Chairman Downey called the meeting toorder at*V4p.m.and announced that uquorum (five members) was present. BOARD MEMBERS: Present: 5- Board Member Elisabeth Koylo Board Member Kevin Barry, Chairman Bob Downey, Board Member PetieBoumomo.and Alternate Sho|ido Souza Absent: 4- Board Member Bob Roddar.Alternate Bob Fair, Alternate Danny Mayer, and Alternate Jarrod Tallman STAFF AND GUESTS PRESENT. Carolyn Huggins, Community Development Director JaneBqett, Pulte Homes Mike Bunidge'Future Homeowner, 25488oknoinCl Gavin Duffy, Future Homeowner, 2550 Balmain Ct. Approval of Minutes 1. 2011-600-T Review and approve minutes ofthe November 17.200S.Zoning Board of Adjustment meeting. Amotion was made hyChairman Downey, seconded byBoard Member onomsma.th,t this Agenda Item beApproved. The motion carried bythe following vote. Aye: 5' Board Member Kaybr,Board Member Barry, Chairman Downey, Board Member Bnomemo.and Alternate daSouza Election ofActing Chair and Secretary Zoning Board mAdjustment Page 1'xs Meeting Date: November 22, 2011 Zoning Board ofAdjustment (ZBA) Meeting Minutes November 22, 2011 2. 2011-603-T As required by Ordinance (Chapter 13 -Zoning, Article Vill-Administration & Enforcement, Section 8.05Zoning Board ofAdjustment, Subsection D. Officers), the Zoning Board ofAdjustment shall select from among its regular members, aChairman, mnActing Chairman toact inthe absence ofthe Chairman, and aSecretary. The Board has aChairman, but ksinneed nfenActing Chairman and a The duties ofthe Acting Chairman are tuact msChair inthe absence of the Chairman. The duty ofthe Secretary iatosign the minutes, provided by the Staff Liaison/Recording Secretary, after approval by the Board, and prior tnthe filing ofthe minutes inpermanent record and placement on the website. RetiaBnommnanominated Elisabeth KoylorforAobngChair with Kevin Barry seconding the nomination. All members voted aye. Elisabeth Kaylor nominated PatiaBoomsmafor Secretary. The nomination was seconded byMr. Barry. All members voted aye. Approved 3. 2011-601 -T ZBA-11-07Public Hearing regarding orequest for avariance tothe fence requirements ofPlanned Development No. 27(PD-27)for three lots facing open space, the lots are located ot2548.2548.and 2550Balrnein Court inNeighborhood 1.Phase 2/\.The Highlands atTrophy Club. Applicant: Pulte Homes DisuusaiomOwly-Nuactiontakn Zoning Board mAdjustment Page uors Meeting Date: November 22, 2011 Zoning Board of Adjustment (ZBA) Meeting Minutes November 22, 2011 4. 2011-602-T ZBA-11-07 Discussion and Take Appropriate Action regarding a request for a variance to the fence requirements of Planned Development No. 27 (PD -27) for three lots facing open space, the lots are located at 2546, 2548, and 2550 Balmain Court in Neighborhood 1, Phase 2A, The Highlands at Trophy Club. Applicant: Pulte Homes Chairman Downey opened the public hearing and asked the applicant to come forward. Jane Boyett, Pulte Homes stated that she is present on behalf of the future homeowners of the properties located at 2546, 2548 and 2550 Balmain Ct. Pulte Homes is requesting a variance to the requirement for wrought iron fencing at the rear of the lots. Although the rear property lines do not touch the gas well property line directly, the lots directly overlook the gas well site. The future homeowners have expressed concern that they are not looking into open space but the less desirable gas well site. Pulte requests permission to install solid wood fencing along the rear property lines and Ms. Boyett stated that this is consistent with the wood fencing along the other lots on Balmain Ct. in addition, the homeowner at 2550 Balmain Ct. is requesting a variance to allow solid wood fencing along the north side of the lot as that side lot also has sight lines to the gas well property. Mike Bumidge, future homeowner of 2548 Balmain Ct., stated that he would like a solid wood fence along the rear of his property because the view of the gas well site is not very desirable. He is concerned with the property value of his home and he believes it would be downgraded a bit if the back fence was open to that view. From a property value perspective, he would like a solid wood fence. Ms. Huggins stated that this request is for a variance from the fence regulations required by Planned Development No. 27 (PD -27). She showed a map of the street and pointed out the three lots. She stated that the future homeowners for 2548 and 2550 Balmain Ct are in attendance today. Ms. Huggins stated that the homes at 2546 and 2548 are under construction and the home at 2550 Balmain Ct. is under plan review in the Building Permit Department. PD -27 requires wrought iron fencing for any property facing open space and this is required throughout The Highlands, which is a 700 -acre subdivision consisting of nine different neighborhoods. This is also consistent with the regulations throughout the remainder of Trophy Club. Any golf course lot, for instance, must have a wrought iron fence facing the golf course. There are a few exceptions — if the lot faces a gas well site or an active use park. In this instance, the three lots face a gas well site, but they are not adjacent to the gas well site -- they are not property line to property line — there is an open space, owned by the Town, between the rear property lines of the three lots and the property line of the gas well site. Ms. Huggins showed a number of pictures to try to clarify the amount of space between the lots and the gas well site property. She also explained that the `open space" area will eventually be somewhat improved from its present state although the Town's long range plans for the area is to leave it in as much of a natural state as possible. The dirt, weeds and construction debris that is in the area right now will eventually be removed, but it could be a while, perhaps two years, before the area is improved. Ms. Huggins stated that from the north side of the lot at 2550 Balmain Ct., little to none of the gas well site is visible. Ms. Huggins also explained that all property owners within 200 -ft. of these lots were notified of this request. The property owners are all builders. There are no occupied homes within 200 -ft. of these homesllots. The other builders are in support of this request, especially those builders who own homes on the other side of the gas well site and who may one day ask for a variance as well. Ms. Huggins reviewed the ZBA authority as stated on page 9 9 of the packet and she mentioned that as a quasi -legal board four affirmative votes are needed to pass this request. Zoning Board of Adjustment Page 3 of 5 Meeting Date: November 22, 2011 Zoning Board of Adjustment (ZBA) Meeting Minutes November 22, 2011 Mr. Burnidge stated that the HOA has also given permission/support of this request. Ms. Huggins explained that the HOA is still controlled by the developer and staff contacted the developer to let him know that one of the builders was asking for this variance and the developer/HOA is supportive of this request. Mr. Duffy, the future homeowner of 2550 Balmain Ct. stated that although the area is labeled as open space it is barren with a lot of rubble and it will stay that way for a while. He has a young family and pets and feels a wood fence would be safer for his family. Ms. Huggins stated that in staff's opinion there is a hardship due to the topography of the land. When the developer was designing the subdivision, Balmain was laid out to curve to the northeast, bringing it into closer proximity to the gas well site than originally planned. This could not be avoided due to other topography obstacles to the north and west. Chairman Downey asked what would be located to the northeast of 2550 Balmain Ct. Ms. Huggins responded that it is open space and she showed a map of the area to the Board members. Ms. Boomsma asked the estimated timeframe for the gas well sites. Ms. Huggins responded that the gas well company has indicated to her that they have a long term lease — 20 years — with the property owner. The well was drilled in 2004. The gas well company has indicated that as long as it is a low producing well it will stay as is. If it stops producing, they could come in and re -frac it if they believe there is additional gas in the area that would be released by the refracing. Or, if it stops producing and the gas well company does not believe retracing would be beneficial, then they could abandon the site which would require capping the wells and returning the site to its original, natural state. Ms. Huggins stated that she is not sure of the exact requirements, but there are EPA regulations that must be followed if the site were to be developed. She doesn't believe a building would be allowed to be built over the site. It will remain as a vacant site. Ms. Boomsma stated that she is supportive of the wood fences in the rear of the properties, but cannot support wood fencing along the side yard of 2550 Balmain Ct. as the triangle line of sight to the gas well from the side yard is very narrow to non-existent as stated by staff. She stated that she would argue that the side yard does not face the gas well -- most of the view from the side yard appears to be very nice open space and trees. She recommends that the homeowner use vegetation to screen in conjunction with the wrought iron fencing on the north side. She stated that it is a matter of consistency — wrought iron is required throughout the PD as well as the rest of the Town, and also there is a maintenance concern as wood fences tend to deteriorate faster than wrought iron. Ms. Kaylor asked if there is an easement allowing traffic to or from the gas well site? Ms. Huggins responded that there is an access easement on the east side of the well site. The gas company has indicated that they send a truck once a week to check the site. Ms. Kaylor asked what is at the gas well site? Ms. Huggins responded that there are a number of wellheads at the site with a cap structure over each wellhead. Ms. Kaylor asked what the long range Town plans are for development of the open space area. Ms. Huggins responded that it will be at least one or two years before the area along the sidewalks will be improved. It will be longer than that before the Town considers making the area a green space rather than an open space. Chairman Downey asked if there were any other questions and if not, he would entertain a motion. Mr. Barry stated that he thinks it would be more consistent to have the same fencing Zoning Board of Adjustment Page 4 of 5 Meeting Date: November 22, 2011 Zoning Board of Adjustment (ZBA) Meeting Minutes November 22, 2011 material along the side and rear property lines at 2550 Balmain. Ms. Boomsma stated that she is a frequent user of that trail and she has seen a number of homes that have wood fencing along the sides, but wrought iron along the rear property line. She has seen quite a few with a mixed fence type. She believes it would be stranger to see a completely wood fence rather than a mix along the trail. Chairman Downey stated that this was also true for golf course lots. They have a mix of fence types as well. A motion was made by Board Member Boomsma, seconded by Board Member Kaylor, for approval of a fence variance to allow solid wood fencing along the rear lots of 2546, 2548, and 2550 Balmain Ct., and to deny the request for a variance for wood fencing along the north side yard of 2550 Balmain Ct. The motion carried by the following vote. Aye: 5 - Board Member Kaylor, Board Member Barry, Chairman Downey, Board Member Boomsma, and Alternate de Souza Meeting adjourned at 4:38 p.m. 0 2 - i- "-r __ Patia Boomsma, Secretary F Carolyn Huggins, Community Development Director Zoning Board of Adjustment Page 5 of 5 Meeting Date: November 22, 2011