Loading...
Agenda Packet ZBA 10/12/2017 Thursday, October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of 36 Thursday, October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``````````#'%6#(# ``````````````````````#D@CEO ````````````````````````````````#2!-8/?#``````````````````````````` 2 of 36 Thursday, October 12, 2017 Town of Trophy Club 100 Municipal Drive Trophy Club, Texas 76262 Legislation Details (With Text) File #:2017-464-T Version:1 Name: Type:Agenda Item Status:Regular Session File created:10/5/2017 In control:Zoning Board of Adjustment (ZBA) On agenda:10/12/2017 Final action: Title:Nomination and Election of Vice-Chairman. Attachments: DateVer.Action ByActionResult bƚƒźƓğƷźƚƓ ğƓķ 9ƌĻĭƷźƚƓ ƚŅ źĭĻΏ/ŷğźƩƒğƓ͵ 3 of 36 Thursday, October 12, 2017 Town of Trophy Club 100 Municipal Drive Trophy Club, Texas 76262 Legislation Details (With Text) File #:2017-465-T Version:1 Name: Type:Agenda Item Status:Regular Session File created:10/5/2017 In control:Zoning Board of Adjustment (ZBA) On agenda:10/12/2017 Final action: Title:Nomination and Election of Secretary. Attachments: DateVer.Action ByActionResult bƚƒźƓğƷźƚƓ ğƓķ 9ƌĻĭƷźƚƓ ƚŅ {ĻĭƩĻƷğƩǤ͵ 4 of 36 Thursday, October 12, 2017 Town of Trophy Club 100 Municipal Drive Trophy Club, Texas 76262 Legislation Details (With Text) File #:2017-462-T Version:1 Name: Type:Agenda Item Status:Regular Session File created:10/5/2017 In control:Zoning Board of Adjustment (ZBA) On agenda:10/12/2017 Final action: Title:Case ZBA-17-004 (216 Durango Drive) 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 front setback requirement for fences, located at 216 Durango Drive. Attachments:ZBA Report 10.12.17.pdf Exhibit A - Application & Explanations.pdf Exhibit B - Letter of Intent.pdf Exhibit C - HOA Letter & Approved Plan.pdf Exhibit D - Photo Locations.pdf Exhibit E - Additional Photos.pdf Exhibit F - Town Code vs Special Exception.pdf Exhibit G - Final Plat.pdf DateVer.Action ByActionResult Case ZBA-17-004 (216 Durango Drive) DiscussandtakeappropriateactionregardingarequestforaSpecialExceptiontoSection14.02.351(C)(1)ofthe Trophy Club Code of Ordinances regarding the front setback requirement for fences, located at 216 Durango Drive. 5 of 36 Thursday, October 12, 2017 To: Zoning Board of Adjustment From: Lisa Payne, Town Planner CC: Thomas Class, Town Manager Holly Fimbres, Town Secretary Re: Case ZBA-17-004 Zoning Board of Adjustment Meeting, Thursday, October 12, 2017 Agenda Item: Case ZBA-17-004 (216 Durango Drive) 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 front setback requirement for fences, located at 216 Durango Drive. Request: The applicants, Kevin & Megan Thompson, are requesting approval of a Special Exception to install a fence with an automated gate approximately 5 feet 6 inches behind the front elevation of their home, rather than adhering to the required 10-ft setback. Zoning: The subject property is located in Planned Development No. 15 within Park View Village of The Lakes of Trophy Club. Current Conditions: The subject property is approximately 11,198square feet in size and comprisesof a home that contains 3,673 total square feet, including garage and patios. Special Exception Request: The Development Standards of PD-15 include regulations for rear and side fences, but nothing in reference to the front setback of a fence. Due to the silence of PD-15 on this request, we must defer to 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 approval of a Special Exception to construct a fence with an automated gate within the front yard setback. The current fence return connects to the garage at the rear of the property, approximately 30 feet from the rear property line. The applicants 6 of 36 Thursday, October 12, 2017 believe moving the fence return to the front of the house would provide much more space for their children to play without the worry of them running into the street. The fence return would mostly consist of an automated 6-foot tall ornamental metal gate that spans the width of the driveway, as seen at many Trophy Club homes. The applicants have indicated that if they could, they would comply with the ordinance and construct their fence 10 feet behind the front elevation of their home. However, three existing A/C units sit on the side of the home, along the driveway, and interfere with that possibility. As shown in Exhibits A, D, & E, hoses and wiring that work to supply air to the home are found 10 feet behind the front elevation and must stay in-tact. A photo in Exhibit E displays the side of the home and shows that unfortunately, installing the fence further away from the front of the house, on the other side of the A/C units, is also not a viable option, as windows cover the remainder of the side of the house. The applicants have proposed to install the fence on the side of the group of A/C units that is closer to the front of the house, between a window and a gas meter, leaving only 5 feet 6 inches between the fence line and the front elevation. Exhibit E also provides photos of fences at nearby homes that do not comply with the 10-foot setback. The applicants have provided explanation, photos for understanding, and a letter of intent in Exhibits A, B, D, & E. In addition, they have provided the approval letter from their Homeowners’ Association (HOA) with the plan that accompanied the approval. Lastly, as a visual aide, the applicants have provided Exhibit F, which displays the difference between installing the fence 10 feet behind the front elevation of the house versus 5 feet 6 inches. The final plat has also been included. An automated gate and the construction of the rest of their fence surrounding their backyard is allowed without special permission; this request is only in reference to where the fence return and gate can be installed across the driveway. 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, allof which are to be met upon the granting of any special exception. 7 of 36 Thursday, October 12, 2017 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.” The decision of the Board is final. Attachments: Exhibit A – Application & Explanations Exhibit B – Letter of Intent Exhibit C – HOA Letter & Approved Plan Exhibit D – Photo Locations Exhibit E – Additional Photos Exhibit F – Town Code vs Special Exception Exhibit G – Final Plat 8 of 36 ExhibitA Thursday, October 12, 2017 9 of 36 Thursday, October 12, 2017 ExhibitA 10 of 36 Thursday, October 12, 2017 ExhibitA 11 of 36 Thursday, October 12, 2017 ExhibitB 12 of 36 ExhibitC Thursday, October 12, 2017 13 of 36 ExhibitC Thursday, October 12, 2017 14 of 36 ExhibitD Thursday, October 12, 2017 15 of 36 ExhibitD Thursday, October 12, 2017 16 of 36 ExhibitD Thursday, October 12, 2017 17 of 36 ExhibitD Thursday, October 12, 2017 18 of 36 ExhibitD Thursday, October 12, 2017 19 of 36 Thursday, October 12, 2017 ExhibitE Overall view of shrubs, A/C units, windows, and gas meter on the side of applicant’s house Applicant proposes to install fence between window and gas meter 20 of 36 ExhibitE Thursday, October 12, 2017 A neighbor’s electric gate that is not set back 10-ft Neighbors’ wooden fences that are not set back 10-ft 21 of 36 ExhibitF Thursday, October 12, 2017 22 of 36 ExhibitF Thursday, October 12, 2017 23 of 36 2017 12, October Thursday, G Exhibit of 36 24 Thursday, October 12, 2017 Town of Trophy Club 100 Municipal Drive Trophy Club, Texas 76262 Legislation Details (With Text) File #:2017-463-T Version:1 Name: Type:Agenda Item Status:Regular Session File created:10/5/2017 In control:Zoning Board of Adjustment (ZBA) On agenda:10/12/2017 Final action: Title:Case ZBA-17-005 (501 Fisher Drive) Discuss and take appropriate action regarding a request for a Special Exception to Section 14.02.351 (C) (2) of the Trophy Club Code of Ordinances regarding the side setback requirement for fences adjacent to side streets, located at 501 Fisher Drive. Attachments:ZBA Report 10.12.17.pdf Exhibit A - Application.pdf Exhibit B - Survey.pdf Exhibit C - Aerial.pdf Exhibit D - Final Plat.pdf DateVer.Action ByActionResult Case ZBA-17-005 (501 Fisher Drive) DiscussandtakeappropriateactionregardingarequestforaSpecialExceptiontoSection14.02.351(C)(2)ofthe TrophyClubCodeofOrdinancesregardingthesidesetbackrequirementforfencesadjacenttosidestreets,locatedat 501 Fisher Drive. 25 of 36 Thursday, October 12, 2017 To: Zoning Board of Adjustment From: Lisa Reich, Town Planner CC: Thomas Class, Town Manager Holly Fimbres, Town Secretary Re: Case ZBA-17-005 Zoning Board of Adjustment Meeting, Thursday, October 12, 2017 Agenda Item: Case ZBA-17-005 (501 Fisher Drive) Discuss and take appropriate action regarding a request fora Special Exception to Section 14.02.351(C)(2) of the Trophy Club Code of Ordinances regarding the side setback requirement for fences adjacent to side streets, located at 501 Fisher Drive. Request: The applicant, Christian Danobeytia, on behalf of the property owner, Ashton Woods Homes, is requesting approval of a Special Exception for a side fence at 501 Fisher Drive. Zoning: The subject property is located within Planned Development No. 31. Current Conditions: A building permit for a single family home was issued in July 2017 and the home is currently under construction. The subject property is approximately 13,729 square feet and the home will contain 5,708 square feet of living area. Special Exception Request: PD 31 states that new fence construction must comply with fence requirements found in the Trophy Club 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 final plat for the subject property, Canterbury Hills, Phase 3, a 20-ft side yard building line exists on the subject property along Abbot Lane. The home will front on Fisher Drive. Per the attached plans and the applicant’s application, the applicant proposes to 26 of 36 Thursday, October 12, 2017 encroach 20 feet into the required side yard setback, placing the fence on or about the property line. The applicant is requesting the special exception in order to provide more usable, fenced back yard area, and would like to line the proposed fence up with the existing side fence of 640 Sheldon Drive, to which this property backs, creating a seamless façade along Abbot Lane. This placement would put the fence approximately 18 inches away from the back of the sidewalk along Abbot Lane. Special Exception Precedent 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 AddressSpecial 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 setbacksidewalk) 310 Tenison Trail Corner Lot Encroachment 11/12/2015 20 foot 10 feet 10/13/2016 20 feet (18 inches behind sidewalk) 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 20 foot 640 Sheldon Drive Corner Lot Encroachment6/16/2016 10 feet setback 20 foot 20feet (18 inches behind 320 Tenison Trail Corner Lot Encroachment 6/16/2016 setbacksidewalk) 20 foot 20feet (18 inches behind 640 Sheldon Drive Corner Lot Encroachment 10/13/2016 setbacksidewalk) 25 foot 411 Abbot Lane Corner Lot Encroachment 10/13/201620 feet setback 20 foot 508 Fisher Drive Corner Lot Encroachment 10/13/201610 feet setback 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. 27 of 36 Thursday, October 12, 2017 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 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 – Survey Exhibit C – Aerial Exhibit D – Final Plat 28 of 36 ExhibitA Thursday, October 12, 2017 29 of 36 ExhibitA Thursday, October 12, 2017 30 of 36 2017 12, October Thursday, of 36 31 BExhibit 2017 12, October Thursday, of 36 32 CExhibit 2017 12, October Thursday, D of 36 33 Exhibit Thursday, October 12, 2017 Town of Trophy Club 100 Municipal Drive Trophy Club, Texas 76262 Legislation Details (With Text) File #:2017-467-T Version:2 Name: Type:Agenda Item Status:Regular Session File created:10/5/2017 In control:Zoning Board of Adjustment (ZBA) On agenda:10/12/2017 Final action: Title:Review and approve the minutes of the August 10, 2017 Zoning Board of Adjustment Meeting. Attachments:ZBA Minutes 8.10.17 DRAFT.pdf DateVer.Action ByActionResult Review and approve the minutes of the August 10, 2017 Zoning Board of Adjustment Meeting. 34 of 36 Thursday, October 12, 2017 100 Municipal Drive Town Of Trophy Club Trophy Club, Texas 76262 Zoning Board of Adjustment Meeting Minutes ______________________________________________________________________ Thursday, August 10, 2017 6:00 p.m. Svore Municipal Building Boardroom ______________________________________________________________________ CALL TO ORDER AND ANNOUNCE AQUORUM Chairman Opipare called to order the Zoning Board of Adjustment meeting for Thursday, August 10, 2017, at 6:02p.m. and announceda quorum (3 members, 1 alternate). Board MembersPresent: Chairman Louis Opipare, Jr. Board Member Joe Hennig Board member Jeff Sims Alternate Board Member Jack Ormond Staff and Guests Present: Lisa Payne Town Planner Julie Smestad Recording Secretary CITIZEN PRESENTATIONS Citizens are allowed four (4) minutes to address the Board regarding an item over which the Board has policy or oversight authority as provided by Texas law, the ethics order, or other policy order. Chairman Opipareasked if there were any public requests to speak. No public requests were submitted. REGULAR SESSION 2017-355-T Case ZBA-17-003 (10 Heritage Court) Discuss and take appropriate action regarding a request for a Special Exception to Section 14.02.351(C)(1)and Section 14.02.351(C)(2)of the Trophy Club Code of Ordinances regarding a fence proposed for noncompliance with the front elevation and setback regulations located at 10 Heritage Court. The applicant, Stan Stelmach, 1 Silver Rock Dr., Trophy Club, presented to the Board and was available for questions. The Board held a discussion about children and pet safety and containmentalong Indian Creek Drive, as well as visual aesthetics of the proposed fencing material. 35 of 36 Thursday, October 12, 2017 Chairman Opiparerequesteda motion. Board Member Simsmotioned, seconded by Board Member Hennig, to approve the request as drawn on the exhibit,with the additional requirement of an 18-24 inch setback from the frontelevationof the house. Chairman Opipare asked for a vote. The motion passed unanimously. Special ExceptionGRANTED. Action is final. 2017-357-T Consider and take appropriateaction regarding theJune 8, 2017 Zoning Board of Adjustment minutes. Chairman Opipareasked for a motion. A motionwasmade byBoard Member Hennig, andseconded by Board Member Sims, to approve the June 8, 2017Zoning Board of Adjustment minutes. The motion passedby the following vote: The motion passed unanimously. ADJOURN Chairman Opipareasked for a motion. The motionwasmade by BoardMemberHennig, andseconded by Board MemberSims, to adjourn. The motion passed unanimously. The meetingadjourned at 6:27p.m. ______________________________________________________________________ Lou Opipare, ChairmanJulie Smestad, Recording Secretary Zoning Board of AdjustmentCommunity Development Town of Trophy Club, Texas Town of Trophy Club, Texas 36 of 36