Agenda Packet ZBA 10/13/2016
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Zoning Board of Adjustment (ZBA)Page 2 of 101October 13, 2016
Town of Trophy Club 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2016-604-T Version:1 Name:
Type:Agenda Item Status:Regular Session
File created:10/7/2016 In control:Zoning Board of Adjustment (ZBA)
On agenda:10/13/2016 Final action:
Title:Nomination and Election of Vice-Chairman.
Attachments:
DateVer.Action ByActionResult
Nomination and Election of Vice-Chairman.
Zoning Board of Adjustment (ZBA)Page 3 of 101October 13, 2016
Town of Trophy Club 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2016-605-T Version:1 Name:
Type:Agenda Item Status:Regular Session
File created:10/7/2016 In control:Zoning Board of Adjustment (ZBA)
On agenda:10/13/2016 Final action:
Title:Nomination and Election of Secretary.
Attachments:
DateVer.Action ByActionResult
Nomination and Election of Secretary.
Zoning Board of Adjustment (ZBA)Page 4 of 101October 13, 2016
Town of Trophy Club 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2016-595-T Version:1 Name:
Type:Agenda Item Status:Regular Session
File created:10/5/2016 In control:Zoning Board of Adjustment (ZBA)
On agenda:10/13/2016 Final action:
Title:Consider and take appropriate action regarding the June 16, 2016 Zoning Board of Adjustment
minutes.
Attachments:06162016 ZBA Minutes.DRAFT.pdf
DateVer.Action ByActionResult
Consider and take appropriate action regarding the June 16, 2016 Zoning Board of Adjustment minutes.
Zoning Board of Adjustment (ZBA)Page 5 of 101October 13, 2016
Trophy Club Entities
100 Municipal Drive
Trophy Club, Texas 76262
Meeting Minutes
Zoning Board of Adjustment (ZBA)
______________________________________________________________________
Thursday, June 16, 2016 6:00 P.M. Svore Municipal Building Boardroom
______________________________________________________________________
CALL TO ORDER, ROLL CALL, AND ANNOUNCE A QUORUM
Chairman Opipare called to order the Zoning Board of Adjustment meeting for Thursday, June 16, 2016,
at 6:04 p.m. and announced that a quorum (5 members, 3 alternates) were present. He explained the
order of the meeting to those present.
Present: 5 Chairman Opipare, Board Member Hennig, Board Member Biggs, Board Member
Ongaro, Board Member Ormond
Alternates
Present: 1 Alternate Board Member Arnott
Absent: 3 Board Member Kesterson, Alternate Board Member Windland, Alternate Board Member
Vogt
STAFF AND GUEST(S) PRESENT:
Town Planner Ron Ruthven
Recording Secretary Robbie Killingsworth
Robert Elledge Applicant, 658 Sheldon Drive, Trophy Club, TX
Brian Vaught Applicant, 320 Tenison Trail, Trophy Club, TX
Chairman Opipare asked if there were any public requests to speak. No public requests were turned in.
REGULAR SESSION
2016-327-T Consider and take appropriate action regarding the May 19, 2016 Zoning Board of
Adjustment minutes.
Motion made by Alternate Board Member Arnott, seconded by Board Member Ongaro, to approve the
May 19, 2016 Zoning Board of Adjustment minutes.
The motion passed unanimously.
2016-328-T Discussion and take appropriate action regarding a request for a Special Exception to
Section 14.02.351(C)2, Trophy Club Code of Ordinances - regarding the construction of
a fence within the side yard building setback along the street, being located at 658
Sheldon Drive, Trophy Club, TX.
Chairman Opipare asked for Applicant comments.
Robert Elledge, 658 Sheldon Drive, Trophy Club, TX, applicant.
Chairman Opipare asked for the staff report.
Staff Report was given by Ron Ruthven, Town Planner.
Chairman Opipare asked for questions or comments from the Board.
Zoning Board of Adjustment (ZBA)Page 6 of 101October 13, 2016
Chairman Opipare asked for a motion.
Motion made by Board Member Hennig, seconded by Alternate Board Member Arnott, to approve the
Special Exception subject to the following condition:
The fence shall be constructed no closer than 10 feet from the property line along Indian Creek
Drive in order to match the location for the fence special exception granted to 519 Fisher Drive on
May 19, 2016.
Motion approved (5-0)
Special Exception GRANTED
Action is final.
2016-329-T Discussion and take appropriate action regarding a request for a Special Exception to
Section 14.02.351(C)2, Trophy Club Code of Ordinances - regarding the construction of
a fence within the side yard building setback along the street, being located at 320
Tenison Trail, Trophy Club, TX.
Chairman Opipare asked for the staff report.
Staff Report was given by Ron Ruthven, Town Planner.
Chairman Opipare asked for Applicant comments.
Brian Vaught, on behalf of property owner, First Texas Homes, 320 Tenison Trail, Trophy Club,
TX, applicant.
Chairman Opipare asked for questions or comments from the Board.
Chairman Opipare asked for a motion.
Motion made by Alternate Board Member Arnott, seconded by Board Member Ongaro to approve the
Special Exception subject to the following condition:
The fence shall be constructed no closer than 18 inches from back of the sidewalk along Tait
Court.
Motion approved (5-0)
Special Exception GRANTED
Action is final.
ADJOURN
Chairman Opipare asked for a motion.
Motion made by Board Member Biggs, seconded by Alternate Board Member Arnott to adjourn.
Motion passed unanimously. Meeting adjourned at 6:22 p.m.
___________________________________ ___________________________________
Lou Opipare, Chairman Robbie Killingsworth, Recording Secretary
Zoning Board of Adjustment Community Development
Town of Trophy Club, Texas Town of Trophy Club, Texas
June 16, 2016 ZBA Minutes Page 2 of 2
Zoning Board of Adjustment (ZBA)Page 7 of 101October 13, 2016
Town of Trophy Club 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2016-596-T Version:1 Name:
Type:Agenda Item Status:Regular Session
File created:10/5/2016 In control:Zoning Board of Adjustment (ZBA)
On agenda:10/13/2016 Final action:
Title:Discussion and take appropriate action regarding a request for a Special Exception to Section
14.02.351(C)2, Trophy Club Code of Ordinances - regarding the construction of a fence within the
side yard building setback along the street, being located at 640 Sheldon Drive, Trophy Club, TX.
Attachments:Staff Report.pdf
Exhibit A.pdf
Exhibit B.pdf
DateVer.Action ByActionResult
DiscussionandtakeappropriateactionregardingarequestforaSpecialExceptiontoSection14.02.351(C)2,Trophy
ClubCodeofOrdinances-regardingtheconstructionofafencewithinthesideyardbuildingsetbackalongthestreet,
being located at 640 Sheldon Drive, Trophy Club, TX.
Zoning Board of Adjustment (ZBA)Page 8 of 101October 13, 2016
STAFF REPORT
Zoning Board of Adjustment
October 13, 2016
ZBA-16-29: Special Exception – 640 Sheldon Drive
SUBJECT
:
Discussion and take appropriate action regarding a request for a Special Exception
to Section 14.02.351(C)2, Trophy Club Code of Ordinances –regarding the
construction of a fence within the side yard building setback along the street, being
located at 640 Sheldon Drive, Trophy Club, TX.
REQUEST:
The applicant,Demetrius Jason Potter,on behalf of property owner, Ashton Woods
Homes,isrequesting approval of a Special Exceptionfor a proposed fence at 640
Sheldon Drive.
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 15,837square feet. The applicant’s home is
currently under construction on the subject property. The home will contain 6,929square
feet of living area.
SPECIAL EXCEPTION REQUEST DETAILS:
PD 31 states that new fence construction must comply with fence requirements found in
Chapter 13-Zoning in the Code of Ordinances. Section 14.02.351(C)2 of the Code 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, Canterbury Hills, Phase 3, a 20 foot side yard
building line exists on subject property along Abbot Lane. The home will front on
Sheldon Drive.Per the attached plans and the applicant’s application, the applicant
proposes to encroach 20feet into the required 20 foot side yard setback, which would
Page 1 of 3
Zoning Board of Adjustment (ZBA)Page 9 of 101October 13, 2016
place the fence at the back of the sidewalk. The right-of-way for Abbot Laneextends
approximately 10 feet from the back of the curb line of the road.
The applicant is requesting the special exception in order to provide more usable, fenced
back yard area.
SPECIAL EXCEPTION PRECENDENT IN CANTERBURY HILLS:
Since January 1, 2015, the Zoning Board of Adjustment has granted special exceptions to
the side yard fence requirements for certain corner lots in the Canterbury Hills
development as follows:
Approval
Address Special Exception Type Setback Req. Approved Encroachment
Date
20 foot
342 Dover Lane Corner Lot Encroachment 4/15/2015 20 feet
setback
20 foot
366 Dover Lane Corner Lot Encroachment 4/15/2015 20 feet
setback
25 foot 25 feet (18 inches behind
300 Tait Court Corner Lot Encroachment 9/10/2015
setback sidewalk)
20 foot
310 Tenison Trail Corner Lot Encroachment 11/12/2015 10 feet
setback
20 foot
357 Becket Place Corner Lot Encroachment 2/11/2016 10 feet
setback
20 foot
519 Fisher Drive Corner Lot Encroachment 5/19/2016 10 feet
setback
658 Sheldon 20 foot
Corner Lot Encroachment 6/16/2016 10 feet
Drive setback
20 foot 20 feet (18 inches behind
320 Tenison Trail Corner Lot Encroachment 6/16/2016
setback sidewalk)
SPECIAL EXCEPTION AUTHORITY:
The zoning regulations require 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
Page 2 of 3
Zoning Board of Adjustment (ZBA)Page 10 of 101October 13, 2016
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.”
STAFF REVIEW
:
The applicant is requesting a Special Exception to allow a fence to be built 20 feet into
the required 20 foot setback from the streetbut no closer than 18 inches from the back of
the sidewalk. The proposed fence does not create any traffic safety issues.
STAFF RECOMMENDATION
:
Approval, subject to the fence being constructed no closer than 18 inches from the back
of the sidewalk along Abbot Lane.
The decision of the Board is final.
Attachments: Exhibit “A” –Applicationand Materials Submitted by Applicant
Exhibit “B” – Pictures and Exhibits Provided by Staff
Page 3 of 3
Zoning Board of Adjustment (ZBA)Page 11 of 101October 13, 2016
Exhibit A
Zoning Board of Adjustment (ZBA)Page 12 of 101October 13, 2016
Exhibit A
Zoning Board of Adjustment (ZBA)Page 13 of 101October 13, 2016
Exhibit A
Zoning Board of Adjustment (ZBA)Page 14 of 101October 13, 2016
2016
13,
October
Exhibit A
101
of
15
Page
(ZBA)
Adjustment
of
Board
Zoning
2016
13,
October
Exhibit A
101
of
16
Page
(ZBA)
Adjustment
of
Board
Zoning
Exhibit A
Zoning Board of Adjustment (ZBA)Page 17 of 101October 13, 2016
Exhibit A
Zoning Board of Adjustment (ZBA)Page 18 of 101October 13, 2016
2016
13,
October
NORTH
Aerial of Subject Property
640 Sheldon Drive
Exhibit B
Property
Subject
101
of
19
Page
(ZBA)
Adjustment
of
Board
Zoning
2016
13,
October
Sheldon Drive
Home Under
Construction
Existing Conditions Exhibit
Exhibit B
101
of
20
Page
20 Foot Setback
Proposed Fence
Area
Location
(ZBA)
Adjustment
Abbot Lane
of
Board
Zoning
2016
13,
October
Site Plan
Exhibit B
101
of
21
Page
Building Line
Existing Sidewalk
(ZBA)
20 Foot
Location of Adjustment
Proposed
Location
Fence
of
Board
Zoning
2016
NORTH
13,
October
Plat Exhibit
Exhibit B
101
of
22
Page
Property
Subject
(ZBA)
Adjustment
of
Board
Zoning
Town of Trophy Club 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2016-597-T Version:1 Name:
Type:Agenda Item Status:Regular Session
File created:10/5/2016 In control:Zoning Board of Adjustment (ZBA)
On agenda:10/13/2016 Final action:
Title:Discussion and take appropriate action regarding a request for a Special Exception to Section
14.02.351(C)2, Trophy Club Code of Ordinances - regarding the construction of a fence within the
side yard building setback along the street, being located at 411 Abbot Lane, Trophy Club, TX.
Attachments:Staff Report.pdf
Exhibit A.pdf
Exhibit B.pdf
DateVer.Action ByActionResult
DiscussionandtakeappropriateactionregardingarequestforaSpecialExceptiontoSection14.02.351(C)2,Trophy
ClubCodeofOrdinances-regardingtheconstructionofafencewithinthesideyardbuildingsetbackalongthestreet,
being located at 411 Abbot Lane, Trophy Club, TX.
Zoning Board of Adjustment (ZBA)Page 23 of 101October 13, 2016
STAFF REPORT
Zoning Board of Adjustment
October 13, 2016
ZBA-16-30: Special Exception – 411 Abbot Lane
SUBJECT
:
Discussion and take appropriate action regarding a request for a Special Exception
to Section 14.02.351(C)2, Trophy Club Code of Ordinances –regarding the
construction of a fence within the side yard building setback along the street, being
located at 411 Abbot Lane, Trophy Club, TX.
REQUEST:
The applicants, Sean and Jennifer Gatz,arerequesting approval of a Special Exception
for a proposed fence at 411 Abbot Lane.
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 18,948square feet. The existing home on the
property contains 3,385 square feet of living area.
SPECIAL EXCEPTION REQUEST DETAILS:
PD 31 states that new fence construction must comply with fence requirements found in
Chapter 13-Zoning in the Code of Ordinances. Section 14.02.351(C)2 of the Code 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, Canterbury Hills, Phase 3, a 25foot side yard
building line exists on subject property alongFisher Drive. The home fronts on Abbot
Lane.Per the attached plans and the applicant’s application, the applicant proposes to
encroach 20feet into the required 25 foot side yard setbackalong Fisher Drive, which
would place the fence five feet from the property line and back of sidewalk along Fisher
Drive. The right-of-way for Fisher Driveextends approximately 10 feet from the back of
the curb line of the road.
Page 1 of 3
Zoning Board of Adjustment (ZBA)Page 24 of 101October 13, 2016
The applicant is requesting the special exception in order to provide more usable, fenced
back yard area for landscaping and their young children given shape of the lot.
SPECIAL EXCEPTION PRECENDENT IN CANTERBURY HILLS:
Since January 1, 2015, the Zoning Board of Adjustment has granted special exceptions to
the side yard fence requirements for certain corner lots in the Canterbury Hills
development as follows:
Approval
Address Special Exception Type Setback Req. Approved Encroachment
Date
20 foot
342 Dover Lane Corner Lot Encroachment 4/15/2015 20 feet
setback
20 foot
366 Dover Lane Corner Lot Encroachment 4/15/2015 20 feet
setback
25 foot 25 feet (18 inches behind
300 Tait Court Corner Lot Encroachment 9/10/2015
setback sidewalk)
20 foot
310 Tenison Trail Corner Lot Encroachment 11/12/2015 10 feet
setback
20 foot
357 Becket Place Corner Lot Encroachment 2/11/2016 10 feet
setback
20 foot
519 Fisher Drive Corner Lot Encroachment 5/19/2016 10 feet
setback
658 Sheldon 20 foot
Corner Lot Encroachment 6/16/2016 10 feet
Drive setback
20 foot 20 feet (18 inches behind
320 Tenison Trail Corner Lot Encroachment 6/16/2016
setback sidewalk)
SPECIAL EXCEPTION AUTHORITY:
The zoning regulations require 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
Page 2 of 3
Zoning Board of Adjustment (ZBA)Page 25 of 101October 13, 2016
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.”
STAFF REVIEW
:
The applicant is requesting a Special Exception to allow a fence to be built 20 feet into
the required 25foot setback from the street. The proposed fence does not create any
traffic safety issues.
STAFF RECOMMENDATION
:
Approval.
The decision of the Board is final.
Attachments: Exhibit “A” –Applicationand Materials Submitted by Applicant
Exhibit “B” – Pictures and Exhibits Provided by Staff
Page 3 of 3
Zoning Board of Adjustment (ZBA)Page 26 of 101October 13, 2016
Exhibit A
Zoning Board of Adjustment (ZBA)Page 27 of 101October 13, 2016
Exhibit A
Zoning Board of Adjustment (ZBA)Page 28 of 101October 13, 2016
Exhibit A
Zoning Board of Adjustment (ZBA)Page 29 of 101October 13, 2016
Exhibit A
Zoning Board of Adjustment (ZBA)Page 30 of 101October 13, 2016
2016
13,
October
NORTH
Aerial of Subject Property
411 Abbot Lane
Exhibit B
101
of
Property
Subject
31
Page
(ZBA)
Adjustment
of
Board
Zoning
2016
13,
October
e
v
i
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r
D
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s
i
F
Existing Conditions Exhibit
Proposed New
Fence Location
Exhibit B
101
of
32
Page
Existing Fence
20 Foot Setback
Area
(ZBA)
Adjustment
Abbot Lane
of
Board
Zoning
2016
13,
October
Fisher Drive
Site Plan
Exhibit B
101
of
33
Page
(ZBA)
Adjustment
of
Board
Zoning
2016
13,
NORTH
October
Plat Exhibit
Exhibit B
101
of
34
Page
Property
Subject
(ZBA)
Adjustment
of
Board
Zoning
Town of Trophy Club 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2016-598-T Version:1 Name:
Type:Agenda Item Status:Regular Session
File created:10/5/2016 In control:Zoning Board of Adjustment (ZBA)
On agenda:10/13/2016 Final action:
Title:Discussion and take appropriate action regarding a request for a Special Exception to Section
14.02.351(C)2, Trophy Club Code of Ordinances - regarding the construction of a fence within the
side yard building setback along the street, being located at 310 Tenison Trail, Trophy Club, TX.
Attachments:Staff Report.pdf
Exhibit A.pdf
Exhibit B.pdf
DateVer.Action ByActionResult
DiscussionandtakeappropriateactionregardingarequestforaSpecialExceptiontoSection14.02.351(C)2,Trophy
ClubCodeofOrdinances-regardingtheconstructionofafencewithinthesideyardbuildingsetbackalongthestreet,
being located at 310 Tenison Trail, Trophy Club, TX.
Zoning Board of Adjustment (ZBA)Page 35 of 101October 13, 2016
STAFF REPORT
Zoning Board of Adjustment
October 13, 2016
ZBA-16-31: Special Exception – 310 Tenison Trail
SUBJECT
:
Discussion and take appropriate action regarding a request for a Special Exception
to Section 14.02.351(C)2, Trophy Club Code of Ordinances –regarding the
construction of a fence within the side yard building setback along the street, being
located at 310 Tenison Trail, Trophy Club, TX.
REQUEST:
The applicant,Ty Brewer,isrequesting approval of a Special Exceptionfor a proposed
fence at 310 Tenison Trail. The Zoning Board of Adjustment granted a Special
Exception for this property on November 12, 2015 in order to allow a ten foot fence
encroachment into the required 20 foot setback off of Ridge View Lane. The applicant is
requesting an additional encroachment for the existing fence.
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 20,081square feetand contains a 4,392 square
foot home.
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 14.02.351(C)2 of the Code 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, Canterbury Hills, Phase 2, a 20 foot side yard
building line exists on subject property alongRidge ViewLane. The homefronts on
Tenison Trail. Per the attached plans and the applicant’s application, the applicant
proposes to encroach an additional ninefeet into the required 20 foot side yard setback,
Page 1 of 3
Zoning Board of Adjustment (ZBA)Page 36 of 101October 13, 2016
which would place the fence on the edge of an existing retaining wallapproximately 18
inches from the back of the sidewalk. The right-of-way for Ridge View Laneextends
approximately 10 feet from the back of the curb line of the road.
The applicant is requesting the special exception in order to provide more usable, fenced
back yard area and states that the existing fence was supposed to have been on top of the
existing retaining wall.
SPECIAL EXCEPTION PRECENDENT IN CANTERBURY HILLS:
Since January 1, 2015, the Zoning Board of Adjustment has granted special exceptions to
the side yard fence requirements for certain corner lots in the Canterbury Hills
development as follows:
Approval
Address Special Exception Type Setback Req. Approved Encroachment
Date
20 foot
342 Dover Lane Corner Lot Encroachment 4/15/2015 20 feet
setback
20 foot
366 Dover Lane Corner Lot Encroachment 4/15/2015 20 feet
setback
25 foot 25 feet (18 inches behind
300 Tait Court Corner Lot Encroachment 9/10/2015
setback sidewalk)
20 foot
310 Tenison Trail Corner Lot Encroachment 11/12/2015 10 feet
setback
20 foot
357 Becket Place Corner Lot Encroachment 2/11/2016 10 feet
setback
20 foot
519 Fisher Drive Corner Lot Encroachment 5/19/2016 10 feet
setback
658 Sheldon 20 foot
Corner Lot Encroachment 6/16/2016 10 feet
Drive setback
20 foot 20 feet (18 inches behind
320 Tenison Trail Corner Lot Encroachment 6/16/2016
setback sidewalk)
SPECIAL EXCEPTION AUTHORITY:
The zoning regulations require 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.
Page 2 of 3
Zoning Board of Adjustment (ZBA)Page 37 of 101October 13, 2016
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.”
STAFF REVIEW
:
The applicant is requesting a Special Exception to allow a fence to be builtand additional
nine feet into the required 20 foot setback from the streeton top of an existing retaining
wallbut no closer than 18 inches from the back of the sidewalk. The ZoningBoard of
Adjustment granted a Special Exception for this property on November 12, 2015 in order
to allow a ten foot fence encroachment into the required 20 foot setback off of Ridge
View Lane. The proposed added encroachment does not create any traffic safety issues.
STAFF RECOMMENDATION
:
Approval, subject to the fence being constructed no closer than 18 inches from the back
of the sidewalk along Ridge View Lane.
The decision of the Board is final.
Attachments: Exhibit “A” –Applicationand Materials Submitted by Applicant
Exhibit “B” – Pictures and Exhibits Provided by Staff
Page 3 of 3
Zoning Board of Adjustment (ZBA)Page 38 of 101October 13, 2016
Exhibit A
Zoning Board of Adjustment (ZBA)Page 39 of 101October 13, 2016
Exhibit A
Zoning Board of Adjustment (ZBA)Page 40 of 101October 13, 2016
Exhibit A
Zoning Board of Adjustment (ZBA)Page 41 of 101October 13, 2016
Exhibit A
Zoning Board of Adjustment (ZBA)Page 42 of 101October 13, 2016
Exhibit A
Zoning Board of Adjustment (ZBA)Page 43 of 101October 13, 2016
Exhibit A
Zoning Board of Adjustment (ZBA)Page 44 of 101October 13, 2016
Exhibit A
Zoning Board of Adjustment (ZBA)Page 45 of 101October 13, 2016
Exhibit A
Zoning Board of Adjustment (ZBA)Page 46 of 101October 13, 2016
2016
13,
October
NORTH
Aerial of Subject Property
Exhibit B
101
of
47
310 Tenison Trail
Page
Property
Subject
(ZBA)
Adjustment
of
Board
Zoning
2016
13,
October
Existing Fence
Existing Conditions Exhibit
Tenison Trail
20 Foot Setback
Exhibit B
101
of
48
Page
Area
on top of existing
Fence Location
Proposed New
retaining wall
Ridge View
(ZBA)
Lane
Adjustment
of
Board
Zoning
2016
13,
October
Site Plan
Exhibit B
101
of
49
Page
(ZBA)
Adjustment
of
Board
Zoning
2016
13,
NORTH
October
Property
Subject
Plat Exhibit
Exhibit B
101
of
50
Page
(ZBA)
Adjustment
of
Board
Zoning
Town of Trophy Club 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2016-599-T Version:1 Name:
Type:Agenda Item Status:Regular Session
File created:10/5/2016 In control:Zoning Board of Adjustment (ZBA)
On agenda:10/13/2016 Final action:
Title:Discussion and take appropriate action regarding a request for a Special Exception to Section
14.02.351(C)2, Trophy Club Code of Ordinances - regarding the construction of a fence within the
side yard building setback along the street, being located at 508 Fisher Drive, Trophy Club, TX.
Attachments:Staff Report.pdf
Exhibit A.pdf
Exhibit B.pdf
DateVer.Action ByActionResult
DiscussionandtakeappropriateactionregardingarequestforaSpecialExceptiontoSection14.02.351(C)2,Trophy
ClubCodeofOrdinances-regardingtheconstructionofafencewithinthesideyardbuildingsetbackalongthestreet,
being located at 508 Fisher Drive, Trophy Club, TX.
Zoning Board of Adjustment (ZBA)Page 51 of 101October 13, 2016
STAFF REPORT
Zoning Board of Adjustment
October 13, 2016
ZBA-16-32: Special Exception – 508 FisherDrive
SUBJECT
:
Discussion and take appropriate action regarding a request for a Special Exception
to Section 14.02.351(C)2, Trophy Club Code of Ordinances –regarding the
construction of a fence within the side yard building setback along the street, being
located at 508 Fisher Drive, Trophy Club, TX.
REQUEST:
The applicant,Christian Danobeytia,representing the property owner, Ashton Woods
Homes,isrequesting approval of a Special Exceptionfor a proposed fence at 508 Fisher
Drive.
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 17,685square feetand is currently vacant. A
building permit has been issued to construct a 4,696 square foot home on the subject
property.
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 14.02.351(C)2 of the Code 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, Canterbury Hills, Phase 3, a 20 foot side yard
building line exists on subject property along Ramsey Trail. The home will front on
Fisher Drive. Per the attached plans and the applicant’s application, the applicant
proposes to encroach 10 feet into the required 20 foot side yard setbackalong Ramsey
Trail, which would place the fence approximately 10 feet from the back of the sidewalk.
Page 1 of 3
Zoning Board of Adjustment (ZBA)Page 52 of 101October 13, 2016
The right-of-way for Ramsey Trailextends approximately 10 feet from the back of the
curb line of the road.
The applicant is requesting the special exception in order to provide more usable, fenced
back yard area in order to install a swimming pool.
SPECIAL EXCEPTION PRECENDENT IN CANTERBURY HILLS:
Since January 1, 2015, the Zoning Board of Adjustment has granted special exceptions to
the side yard fence requirements for certain corner lots in the Canterbury Hills
development as follows:
Approval
Address Special Exception Type Setback Req. Approved Encroachment
Date
20 foot
342 Dover Lane Corner Lot Encroachment 4/15/2015 20 feet
setback
20 foot
366 Dover Lane Corner Lot Encroachment 4/15/2015 20 feet
setback
25 foot 25 feet (18 inches behind
300 Tait Court Corner Lot Encroachment 9/10/2015
setback sidewalk)
20 foot
310 Tenison Trail Corner Lot Encroachment 11/12/2015 10 feet
setback
20 foot
357 Becket Place Corner Lot Encroachment 2/11/2016 10 feet
setback
20 foot
519 Fisher Drive Corner Lot Encroachment 5/19/2016 10 feet
setback
658 Sheldon 20 foot
Corner Lot Encroachment 6/16/2016 10 feet
Drive setback
20 foot 20 feet (18 inches behind
320 Tenison Trail Corner Lot Encroachment 6/16/2016
setback sidewalk)
SPECIAL EXCEPTION AUTHORITY:
The zoning regulations require 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
Page 2 of 3
Zoning Board of Adjustment (ZBA)Page 53 of 101October 13, 2016
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.”
STAFF REVIEW
:
The applicant is requesting a Special Exception to allow a fence to be built 10 feet into
the required 20 foot setback from the street. The proposed fence does not create any
traffic safety issues.
STAFF RECOMMENDATION
:
Approval.
The decision of the Board is final.
Attachments: Exhibit “A” –Applicationand Materials Submitted by Applicant
Exhibit “B” – Pictures and Exhibits Provided by Staff
Page 3 of 3
Zoning Board of Adjustment (ZBA)Page 54 of 101October 13, 2016
Exhibit A
Zoning Board of Adjustment (ZBA)Page 55 of 101October 13, 2016
Exhibit A
Zoning Board of Adjustment (ZBA)Page 56 of 101October 13, 2016
Exhibit A
Zoning Board of Adjustment (ZBA)Page 57 of 101October 13, 2016
Exhibit A
Zoning Board of Adjustment (ZBA)Page 58 of 101October 13, 2016
2016
13,
October
NORTH
Aerial of Subject Property
Exhibit B
101
of
59
Page
508 Fisher Drive
Property
Subject
(ZBA)
Adjustment
of
Board
Zoning
2016
13,
October
a
r
y
e
s
m
a
R
l
i
T
Existing Conditions Exhibit
Proposed Fence
Location
20 Foot Setback
Exhibit B
101
of
60
Page
Area
Future Home
Location
e
v
i
r
(ZBA)
r
D
Adjustment
e
h
s
i
F
of
Board
Zoning
2016
13,
October
Fisher Drive
Proposed Fence
Location
Exhibit B
101
of
Site Plan
61
Page
(ZBA)
Adjustment
of
Board
Zoning
2016
13,
NORTH
October
Plat Exhibit
Exhibit B
101
of
62
Page
Property
Subject
(ZBA)
Adjustment
of
Board
Zoning
Town of Trophy Club 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2016-600-T Version:1 Name:
Type:Agenda Item Status:Regular Session
File created:10/5/2016 In control:Zoning Board of Adjustment (ZBA)
On agenda:10/13/2016 Final action:
Title:Discussion and presentation from staff on the authority, duties and procedures of the Zoning Board of
Adjustment.
Attachments:ZBA Training.pdf
DateVer.Action ByActionResult
Discussion and presentation from staff on the authority, duties and procedures of the Zoning Board of Adjustment.
Zoning Board of Adjustment (ZBA)Page 63 of 101October 13, 2016