Agenda Packet ZBA 06/08/2017
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Zoning Board of AdjustmentPage 1 of 20Meeting Date: Thursday, June 8, 2017
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Zoning Board of AdjustmentPage 2 of 20Meeting Date: Thursday, June 8, 2017
Town of Trophy Club 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2017-244-T Version:1 Name:
Type:Agenda Item Status:Regular Session
File created:6/1/2017 In control:Zoning Board of Adjustment (ZBA)
On agenda:6/8/2017 Final action:
Title:Case ZBA-17-002 (2414 Strathfield)
Discuss and take appropriate action regarding a request for a Special Exception to Section 14.02.351
(C)(1) of the Trophy Club Code of Ordinances regarding the construction of a fence within the front
yard building setback located at 2414 Strathfield Lane.
Attachments:ZBA Report 6.8.17.pdf
Exhibit A - Application.pdf
Exhibit B - Letter of Intent.pdf
Exhibit C - Aerial.pdf
Exhibit D - Final Plat.pdf
Exhibit E - Survey.pdf
Exhibit F - Photos.pdf
DateVer.Action ByActionResult
Case ZBA-17-002 (2414 Strathfield)
Discuss and take appropriate action regarding a request for a Special Exception to Section 14.02.351(C)(1) of the Trophy
Club Code of Ordinances regarding the construction of a fence within the front yard building setback located at 2414
Strathfield Lane.
Zoning Board of AdjustmentPage 3 of 20Meeting Date: Thursday, June 8, 2017
To: Zoning Board of Adjustment
From: Lisa Reich, Town Planner
CC: Thomas Class, Town Manager
Holly Fimbres, Town Secretary
Re: Case ZBA-17-002
Zoning Board of Adjustment Meeting, Thursday, June 8, 2017
Agenda Item:
Case ZBA-17-002 (2414 Strathfield)
Discuss and take appropriate action regarding a request fora Special Exception to Section
14.02.351(C)(1) of the Trophy Club Code of Ordinances regarding the construction of a fence
within the front yard building setback located at 2414 Strathfield Lane.
Request:
The applicants, Will and Victorya Rogers, are requesting approval of a Special Exception for a
proposed fence at 2414 Strathfield Lane.
Zoning:
The subject property is located in the PD-27 district and is categorized as Lot Type 2 in
Neighborhood 2.
Current Conditions:
The subject property is approximately 24,737square feet in size and contains a 4,021square
foot single family home that was constructed in 2010.
Special Exception Request:
The Development Standards of PD-27states that fence construction shall comply with the
Trophy Club Code of Ordinances. Section 14.02.351(C)(1) of the Code states:
“Front elevation. All fences shall be located a minimum of ten feet (10') behind the front
elevation of the primary structure.”
The applicant is requesting a waiver to construct part of the return of the backyard fence within
the front yard setback. The current fence return is 10 feet behind the front elevation of the
house, as required by Code, and it extends approximately 115 feet to the side property line.
This lot is triangular which provides the house with an oversized side yard at approximately 185
Page 1 of 3
Zoning Board of AdjustmentPage 4 of 20Meeting Date: Thursday, June 8, 2017
feet across, measured at the property line, compared to the minimum requirement of 7.5 feet.
To the south, the neighbor’s side fenceruns along the contiguous property line, approximately
12 feet from Strathfield Lane, as that lot is oriented toward Mona ValeRoad. Theapplicant
would like to fence in approximately 140feet of said side yard at the front property line so that
the area becomes usable playspace, rather than remaining an oddly long front yard. It is
proposed for the fence return to remain 10 feet behind the front elevation of the house for a
run of approximately 36 feet, to match theexisting 36 feetbetween the house and the
neighboring lot on the north side, before curvingtoward Strathfield Lane and reaching the front
property line at a distance of approximately 45 feet from the side of the house. The fence will
then travel along the front property line until it meets the referenced neighboring fence,
creating the look of a single fence that encloses one backyard. The applicant proposes the new
fence to match the neighbor’s existing enhanced fence – 6 feet tallboard-on-board
construction with a cap and stained the same color – in an effort to generate a blending
aesthetic. Please review the attached exhibits for a visual understanding.
Please note that the 25 foot front building line and the 10 foot utility easement along the front
property line will stay in effect, regardless of a Special Exception being granted. For example, an
accessory structure will still be required to be located behind the 25 foot front building line.
Special Exception Authority:
Section 14.02.351(P) of the Trophy Club Code of Ordinances authorizes the Zoning
Board of Adjustment to consider and allow waivers to the fence requirements as a
Special Exception. The language from the ordinance reads:
“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 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 5 of 20Meeting Date: Thursday, June 8, 2017
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.”
The decision of the Board is final.
Attachments:
Exhibit A – Application
Exhibit B – Letter of Intent
Exhibit C – Aerial
Exhibit D – Final Plat
Exhibit E – Survey
Exhibit F – Photos
Page 3 of 3
Zoning Board of AdjustmentPage 6 of 20Meeting Date: Thursday, June 8, 2017
Zoning Board of AdjustmentPage 7 of 20Meeting Date: Thursday, June 8, 2017
Zoning Board of AdjustmentPage 8 of 20Meeting Date: Thursday, June 8, 2017
From the desk of:
May 23, 2017
Town of Trophy Club
Attention: Lisa Reich
100MunicipalDrive
Trophy Club, TX 76262
VIA Hand Deliveryand Email
lreich@trophyclub.org
Re:2414 StrathfieldLane
Trophy Club, TX 76262
Dear members of the board:
We currently have a contractto purchasethe above-mentioned property. Once we move on June 9, 2017 we
would like to make the following change to our side yard fence. We plan to start work as soon as possible after
your approval forpermit and move of this fence and will seek to have work completed as quickly as possible
thereafter.
Currently the property is fenced on three sides, however we would like to move the fence that runs parallel
The neighbor is a board on board 6-foot-high fence with a nice trim cap that we want to match in type, style,
height and stain color. That neighbors fence is 3 feet 4 inches from the sidewalk whereas our fence is set
back some 47 feet from the edge of the sidewalk. See attached picturesof current fences and the fence
plan showing the proposed location of the new fence.
The fence will continue to besetback 10 feet as requiredfrom the front of the house and then will extend
36 feet +/-from where it joins the side of the house. After 36 feet it will turn to come towards Strathfield
Lane approximately 40 feet then run down the property line some 140 feet to match up with the neighbors
fence.
Our lot is an odd shaped lot and the changewill allow us to make this large side yard useable for our back yard,
our children and dogs to play in. The change in location of the current fence is similarto several other fences
in the neighborhood and would actually make the area look better than the current fence and non-landscaped
sideyard. The change would not detract from the front of the house or the houses around it.
Thank you for your attention and careful consideration in this matter. Please let me know what other information
you need. You may contact me via email to willrogers98@gmail.comorvia phone at (469) 751-3512.
Sincerely,
Will Rogers
Zoning Board of AdjustmentPage 9 of 20Meeting Date: Thursday, June 8, 2017
2017
8,
June
Thursday,
Date:
Meeting
2414 Strathfield Lane
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Zoning
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EXHIBIT
Town of Trophy Club 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2017-245-T Version:1 Name:
Type:Agenda Item Status:Regular Session
File created:6/1/2017 In control:Zoning Board of Adjustment (ZBA)
On agenda:6/8/2017 Final action:
Title:Consider and take appropriate action regarding the February 9, 2017 Zoning Board of Adjustment
minutes.
Attachments:ZBA Minutes 2.9.17 DRAFT.pdf
DateVer.Action ByActionResult
Consider and take appropriate action regarding the February 9, 2017 Zoning Board of Adjustment minutes.
Zoning Board of AdjustmentPage 18 of 20Meeting Date: Thursday, June 8, 2017
100 Municipal Drive
Trophy Club, Texas 76262
Town of Trophy Club
Zoning Board of Adjustment (ZBA)
Meeting Minutes
______________________________________________________________________
Thursday,February 9, 2017 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, February 9,
2017, at 6:01p.m. and announced that a quorum (3 members,2 alternates) were present. He explained
the order of the meeting to those present.
Present:5 - Chairman Opipare,Board MemberSims, Board Member Cannon,Alternate Board
Member Arnott, Alternate Board Member Ormond
Absent:4 - Vice Chairman Hennig, Board Member Murtaugh, Alternate Board Member Vogt,
Alternate BoardMember Kesterson
STAFF AND GUEST(S) PRESENT:
Lisa Reich Town Planner
Robbie KillingsworthRecording Secretary
David Dodd Town Attorney
Greg Lamont Mayor Pro Tem
Drew Martinon behalf of Old Town Development, P. O. Box 470007, Fort Worth, TX
Jace MotheralPacheco Koch, Applicant, 6100 Western Place #1001, Fort Worth, TX
REGULAR SESSION
Chairman Opipareasked if there were any public requests to speak. No public requests were submitted.
EXECUTIVE SESSIONstarted at6:03 p.m. and ended at6:19 p.m.
Reconvened into REGULAR SESSIONat6:19p.m.
REGULAR SESSION
2017-37-T Case ZBA-17-001 (Trophy Wood Restaurant)
a.Conduct a Public Hearing regarding a request for a variance to encroach
into the building setback for a property located on the northwestcorner of
SH 114 and Trophy Wood Drive.
b.Consider and take appropriate action regarding a request for a variance to
encroach into the building setback for a property located on the northwest
corner of SH 114 and Trophy Wood Drive.
Zoning Board of AdjustmentPage 19 of 20Meeting Date: Thursday, June 8, 2017
Chairman Opipareasked for Applicant comments.
Jace Motheral, Pacheco Koch, 6100 Western Place #1001, TX 76107
Drew Martin,on behalf of Old Town Development, P. O. Box 470007, Fort Worth, TX
Chairman Opipareasked for the motion.
Motion made byBoard Member Cannon,seconded by Board Member Sims, to approve a variance to
encroach 15 feet into the building setback on the subject property, along Trophy Wood Drive, north of the
TP&L Co. easement.
Motion passed unanimously.
GRANTED.
Variance
Action is final.
2017-38-T Consider and take appropriate action regarding the October 13, 2016 Zoning Board
of Adjustment minutes.
Chairman Opipareasked for the motion.
Motion made byAlternate Board Member Arnott, seconded by Board Member Sims, to approve the
October 13, 2016 Zoning Board of Adjustment minutes.
The motion passedby the following vote:
Aye: 4 Chairman Opipare, Board Member Sims, Board Member Cannon
Alternate Board Member Arnott
Abstained:1 Alternate Board Member Ormond (not present at October 13, 2016 ZBA meeting)
ADJOURN
Chairman Opipareasked for a motion.
Motion made by Alternate Board Member Ormond, seconded by Board Member Sims, to adjourn.
Motion passed unanimously.Meetingadjourned at 6:39p.m.
______________________________________________________________________
Lou Opipare, ChairmanLisa Reich,Town Planner
Zoning Board of AdjustmentCommunity Development
Town of Trophy Club, Texas Town of Trophy Club, Texas
February 9, 2017 ZBA Minutes Page 2 of 2
Zoning Board of AdjustmentPage 20 of 20Meeting Date: Thursday, June 8, 2017