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Agenda Packet ZBA - 01/14/2021Zoning Board of Adjustment (ZBA) Town of Trophy Club Meeting Agenda 1 Trophy Wood Drive Trophy Club, Texas 76262 ZOOM Videoconference6:00 PMThursday, January 14, 2021 CALL TO ORDER AND ANNOUNCE A QUORUM A quorum of Zoning Board of Adjustment will be present through ZOOM Videoconference on Thursday, January 14, 2021 at 6:00 p.m. To speak on an item, you may email lopipare@trophyclub.org AND lpayne@trophyclub.org and include your topic(s) on the subject line, which will be read by the Presiding Officer. To join the meeting via ZOOM: Type in this link to join the webinar: https://us02web.zoom.us/j/84195773548 OR Dial in by phone. The public toll-free dial-in number to participate in the telephonic meeting is: 888-788-0099 US Toll-free. When your call is answered you will hear "Welcome to ZOOM, enter in the following Meeting ID below followed by the pound sign (#)". Meeting ID: 841 9577 3548 If you wish to speak on a current item being discussed, please press *9 [STAR 9] to "raise your hand". 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. Zoning Board of Adjustment Page 1 of 21 Meeting Date: Thursday, January 14, 2021 January 14, 2021Zoning Board of Adjustment (ZBA)Meeting Agenda REGULAR SESSION 2020-397-T Case ZBA-20-007 (2 E. Hillside Place) Consider and take appropriate action regarding a request for a special exception to allow a fence to encroach on the side setback, generally located on the southwest corner of E Hillside Place and Indian Creek Drive. ZBA Report 1.14.21.pdf Exhibit A - Application and Explanation.pdf Exhibit B - Aerial.pdf Exhibit C - Plot Plan.pdf Exhibit D - Proposed Street View.pdf Exhibit E - Example Properties.pdf Attachments: 2020-398-T Consider and take appropriate action regarding the September 10, 2020 Zoning Board of Adjustment minutes. DRAFT - Zoning Board of Adjustment Minutes - September 10, 2020.pdfAttachments: 2020-399-T Receive Town Planner updates on previous cases heard by the Board and active development in Town. ADJOURN *THE BOARD MAY CONVENE INTO EXECUTIVE SESSION TO DISCUSS POSTED ITEMS AS ALLOWED BY THE TEXAS OPEN MEETINGS ACT, TEXAS LOCAL GOVERNMENT CODE 551.071. Notice is hereby given that a quorum of the Town Council may be in attendance at this meeting. CERTIFICATION I certify that the above notice was posted on the bulletin board at Trophy Club Town Hall, 1 Trophy Wood Drive, Trophy Club, Texas, on Monday, January 11, 2021 by 5:00 P.M. in accordance with Chapter 551, Texas Government Code. ________________________________ Julie Smestad Administrative Specialist If you plan to attend this public meeting and have a disability that requires special needs, please contact the Town Secretary’s Office at 682-237-2900, 48 hours in advance and reasonable accommodations will be made to assist you. Zoning Board of Adjustment Page 2 of 21 Meeting Date: Thursday, January 14, 2021 1 Trophy Wood Drive Trophy Club, Texas 76262Town of Trophy Club Legislation Details (With Text) File #: Version:12020-397-T Name: Status:Type:Agenda Item Regular Session File created:In control:1/5/2021 Zoning Board of Adjustment (ZBA) On agenda:Final action:1/14/2021 Title:Case ZBA-20-007 (2 E. Hillside Place) Consider and take appropriate action regarding a request for a special exception to allow a fence to encroach on the side setback, generally located on the southwest corner of E Hillside Place and Indian Creek Drive. Attachments:ZBA Report 1.14.21.pdf Exhibit A - Application and Explanation.pdf Exhibit B - Aerial.pdf Exhibit C - Plot Plan.pdf Exhibit D - Proposed Street View.pdf Exhibit E - Example Properties.pdf Action ByDate Action ResultVer. Case ZBA-20-007 (2 E. Hillside Place) Consider and take appropriate action regarding a request for a special exception to allow a fence to encroach on the side setback, generally located on the southwest corner of E Hillside Place and Indian Creek Drive. Zoning Board of Adjustment Page 3 of 21 Meeting Date: Thursday, January 14, 2021 Page 1 of 2 To: Zoning Board of Adjustment From: Lisa Payne, Town Planner CC: Steve Norwood, Town Manager Leticia Vacek, Town Secretary Re: Case ZBA-20-007 Zoning Board of Adjustment Meeting, January 14, 2021 Agenda Item: Case ZBA-20-007 (2 E Hillside Place) Consider and take appropriate action regarding a request for a special exception to allow a fence to encroach on the side setback, generally located on the southwest corner of E Hillside Place and Indian Creek Drive. Background and Explanation: The owner of the subject property is requesting approval of a special exception so that they may construct a fence between their house and the street. Section 14.02.351(c)(2) of the Town’s Code of Ordinances 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.” An exception is being sought in order to make the side yard useable and create enough space for a patio cover. Currently, the applicant does not have a fence on the street side of the house, but would like to add one so that they may build a patio cover and enjoy more of their yard. The Code of Ordinances allows for fences adjacent to a side street, but they must not encroach into the side yard setback, which is 15’ on this property. Due to a new patio cover that would extend out to the side setback line, the applicant is proposing to construct a fence that encroaches approximately 5’ into the side setback so that it sits approximately 15’ from the street (Exhibit C). This specific dimension was chosen in order to line up with the applicant’s rear neighbor’s fence that is 15’ from the street. Exhibit E includes examples of other fences that are 15’ or closer to the street. Exhibit D shows how the fence would look from the street with 8’ (preferred) and 6’ height options, which are both acceptable by Code. Zoning Board of Adjustment Page 4 of 21 Meeting Date: Thursday, January 14, 2021 Page 2 of 2 Zoning Board of Adjustment 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 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 with Explanation • Exhibit B – Aerial • Exhibit C – Plot Plan • Exhibit D – Proposed Street View • Exhibit E – Example Properties Zoning Board of Adjustment Page 5 of 21 Meeting Date: Thursday, January 14, 2021 Zoning Board of Adjustment Page 6 of 21 Meeting Date: Thursday, January 14, 2021 Exhibit A Zoning Board of Adjustment Page 7 of 21 Meeting Date: Thursday, January 14, 2021 Exhibit B N Zoning Board of Adjustment Page 8 of 21 Meeting Date: Thursday, January 14, 2021 Exhibit CZoning Board of Adjustment Page 9 of 21 Meeting Date: Thursday, January 14, 2021 Exhibit DZoning Board of Adjustment Page 10 of 21 Meeting Date: Thursday, January 14, 2021 Exhibit DZoning Board of Adjustment Page 11 of 21 Meeting Date: Thursday, January 14, 2021 Exhibit E Zoning Board of Adjustment Page 12 of 21 Meeting Date: Thursday, January 14, 2021 Exhibit E Zoning Board of Adjustment Page 13 of 21 Meeting Date: Thursday, January 14, 2021 Exhibit E Zoning Board of Adjustment Page 14 of 21 Meeting Date: Thursday, January 14, 2021 Exhibit E Zoning Board of Adjustment Page 15 of 21 Meeting Date: Thursday, January 14, 2021 Exhibit E Zoning Board of Adjustment Page 16 of 21 Meeting Date: Thursday, January 14, 2021 1 Trophy Wood Drive Trophy Club, Texas 76262Town of Trophy Club Legislation Details (With Text) File #: Version:12020-398-T Name: Status:Type:Agenda Item Regular Session File created:In control:1/5/2021 Zoning Board of Adjustment (ZBA) On agenda:Final action:1/14/2021 Title:Consider and take appropriate action regarding the September 10, 2020 Zoning Board of Adjustment minutes. Attachments:DRAFT - Zoning Board of Adjustment Minutes - September 10, 2020.pdf Action ByDate Action ResultVer. Consider and take appropriate action regarding the September 10, 2020 Zoning Board of Adjustment minutes. Zoning Board of Adjustment Page 17 of 21 Meeting Date: Thursday, January 14, 2021 Zoning Board of Adjustment Thursday, September 10, 2020 Page 1 of 3 TOWN OF TROPHY CLUB ZONING BOARD OF ADJUSTMENT MINUTES THURSDAY, SEPTEMBER 10, 2020; 6:00 PM The Trophy Club Zoning Board of Adjustment met in a Regular Session on Thursday, September 10, 2020 at 6:00 PM. The meeting was held via ZOOM Videoconference. BOARD MEMBERS PRESENT: Jeff Sims Vice Chairman John Murtaugh Secretary Doug Harper Board Member Terry Kesterson Alternate Board Member BOARD MEMBERS ABSENT: Louis Opipare, Jr. Chairman Sean Cannon Board Member STAFF PRESENT: Tommy Uzee Director of Community Development Lisa Payne Town Planner CALL TO ORDER AND ANNOUNCE A QUORUM Secretary Murtaugh called the meeting to order at 6:00 PM and announced a quorum. PUBLIC COMMENTS Secretary Murtaugh confirmed there were no speakers registered for Public Comment. REGULAR SESSION 2020-281-T Case ZBA-20-005 (340 Inverness Drive) a. Conduct a Public Hearing regarding a request for a special exception to allow a fence to encroach on the front setback, generally located south of Inverness Drive and approximately 210 feet east of Trophy Wood Drive. b. Consider and take appropriate action regarding a request for a special exception to allow a fence to encroach on the front setback, generally located south of Inverness Drive and approximately 210 feet east of Trophy Wood Drive. Secretary Murtaugh opened the public hearing at 6:01 PM. Town Planner Lisa Payne provided the staff report and was available for questions. The applicant, Jennifer Taylor Olson, spoke about the project and requested approval of the exception. She was available for questions. Khalid Jabr, 346 Inverness Drive, Trophy Club spoke in favor of the exception. Mary Armistead, 335 Inverness Drive, Trophy Club spoke in favor of the exception. Secretary Murtaugh closed the public hearing at 6:09 PM. Zoning Board of Adjustment Page 18 of 21 Meeting Date: Thursday, January 14, 2021 Zoning Board of Adjustment Thursday, September 10, 2020 Page 2 of 3 Secretary Murtaugh requested a motion. Vice Chairman Sims moved to approve the exception, seconded by Alternate Board Member Kesterson. Secretary Murtaugh called for a vote. The motion passed unanimously (4-0). 2020-280-T Case ZBA-20-006 (7 Michelle Court) a. Conduct a Public Hearing regarding a request for a special exception to allow a fence to encroach on the side setback, generally located on the east corner of Michelle Court and Jennifer Court. b. Consider and take appropriate action regarding a request for a special exception to allow a fence to encroach on the side setback, generally located on the east corner of Michelle Court and Jennifer Court. Secretary Murtaugh opened the public hearing at 6:10 PM. Town Planner Lisa Payne provided the staff report and was available for questions. The applicant, Burke Strickland spoke about the project and requested approval of the exception. He was available for questions. (Byron) Mark Escue, 9 Jennifer Court, Trophy Club spoke in favor of the exception. Secretary Murtaugh closed the public hearing at 6:16 PM. Secretary Murtaugh requested a motion. Alternate Board Member Kesterson moved to approve the exception, seconded by Vice Chairman Sims. Secretary Murtaugh called for a vote. The motion passed 3-1. Voting Yes – Sims, Murtaugh, Kesterson. Voting No – Harper. 2020-282-T Consider and take appropriate action regarding the August 13, 2020 Zoning Board of Adjustment minutes. Secretary Murtaugh asked if there were any additions or corrections to the minutes. There were none. Secretary Murtaugh asked for a motion. Alternate Board Member Kesterson moved to approve the August 13, 2020 minutes as written, with a second by Board Member Harper. Secretary Murtaugh called for a vote. The motion passed unanimously (4-0). 2020-283-T Receive Town Planner updates on previous cases heard by the Board and active development in Town. Staff updates were given by Lisa Payne, Town Planner. Zoning Board of Adjustment Page 19 of 21 Meeting Date: Thursday, January 14, 2021 Zoning Board of Adjustment Thursday, September 10, 2020 Page 3 of 3 ADJOURN Secretary Murtaugh asked for a motion to adjourn. Motion made by Board Member Harper, seconded by Alternate Board Member Kesterson. Motion passed unanimously. Meeting adjourned at 6:47 PM. _ _ John Murtaugh, Secretary Julie Smestad, Recording Secretary Zoning Board of Adjustment Town of Trophy Club, TX Town of Trophy Club, TX Zoning Board of Adjustment Page 20 of 21 Meeting Date: Thursday, January 14, 2021 1 Trophy Wood Drive Trophy Club, Texas 76262Town of Trophy Club Legislation Details (With Text) File #: Version:12020-399-T Name: Status:Type:Agenda Item Regular Session File created:In control:1/5/2021 Zoning Board of Adjustment (ZBA) On agenda:Final action:1/14/2021 Title:Receive Town Planner updates on previous cases heard by the Board and active development in Town. Attachments: Action ByDate Action ResultVer. Receive Town Planner updates on previous cases heard by the Board and active development in Town. Zoning Board of Adjustment Page 21 of 21 Meeting Date: Thursday, January 14, 2021