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Agenda Packet ZBA - 07/08/2021Town of Trophy Club Meeting Agenda Packet Zoning Board of Adjustment 1 Trophy Wood Drive Trophy Club, Texas 76262 July 08, 2021 6:00 PM Council Chambers CALL TO ORDER AND ANNOUNCE A QUORUM 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. REGULAR SESSION 1.Tabled Agenda Item – Case ZBA­21­002 (113 S. Greenhill Trail) Take appropriate action regarding a request for a special exception to allow a fence to encroach on the front setback at 113 S. Greenhill Trail. 2.Take appropriate action regarding the April 8, 2021 Zoning Board of Adjustment meeting minutes. 3.Take appropriate action regarding the May 13, 2021 Zoning Board of Adjustment meeting minutes. 4.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 July 1, 2021 by 5:00 P.M. in accordance with Chapter 551, Texas Government Code. _______________________________ Lisa Payne, Town Planner If you plan to attend this public meeting and have a disability that requires special needs, please contact the Town Secretary’s Office at 682­237­2900, 48 hours in advance and reasonable accommodations will be made to assist you. Town of Trophy ClubMeeting Agenda PacketZoning Board of Adjustment 1 Trophy Wood DriveTrophy Club, Texas 76262July 08, 2021 6:00 PM Council ChambersCALL TO ORDER AND ANNOUNCE A QUORUMCITIZEN PRESENTATIONSCitizens are allowed four (4) minutes to address the Board regarding an item over whichthe Board has policy or oversight authority as provided by Texas law.REGULAR SESSION1.Tabled Agenda Item – Case ZBA­21­002 (113 S. Greenhill Trail)Take appropriate action regarding a request for a special exception to allow a fence toencroach on the front setback at 113 S. Greenhill Trail.2.Take appropriate action regarding the April 8, 2021 Zoning Board of Adjustment meetingminutes.3.Take appropriate action regarding the May 13, 2021 Zoning Board of Adjustment meetingminutes.4.Receive Town Planner updates on previous cases heard by the Board and activedevelopment 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 July 1, 2021 by 5:00 P.M. in accordance with Chapter 551, Texas Government Code. _______________________________ Lisa Payne, Town Planner If you plan to attend this public meeting and have a disability that requires special needs, please contact the Town Secretary’s Office at 682­237­2900, 48 hours in advance and reasonable accommodations will be made to assist you. Page 1 of 2 To: Zoning Board of Adjustment From: Lisa Payne, Town Planner CC: Wade Carroll, Town Manager Leticia Vacek, Town Secretary Re: Case ZBA-21-002 Zoning Board of Adjustment Meeting, July 8, 2021 Agenda Item: Tabled Agenda Item – Case ZBA-21-002 (113 S. Greenhill Trail) Take appropriate action regarding a request for a special exception to allow a fence to encroach on the front setback at 113 S. Greenhill Trail. Background and Explanation: The owner of the subject property is requesting approval of a special exception so that he may finish construction of a fence and automatic gate 3’ in front of the façade of his house. Section 14.02.351(c)(1) of the Town’s Code of Ordinances states: “Front elevation. All fences shall be located a minimum of ten feet (10') behind the front elevation of the primary structure.” An exception is being sought because the garage is at the front of the house (facing the side) and the applicant would like to enclose the driveway around his garage to make it a secure space. This item was tabled at the last ZBA meeting so the applicant has proposed some changes to please the Board. In order to obstruct front and side views into his garage area, Exhibit C shows that the driveway gate and all sections of the new fence will now be board-on-board solid wood with a cap except for the section that extends 3’ in front of the house, adjacent to the garage. That section is proposed to remain wrought iron so the applicant can see into the front yard. All wood fencing will be painted to match the existing posts and fencing on the other side of the house. 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: Page 2 of 2 “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 – Gate Design • Exhibit E – Photos Exhibit A Exhibit B Town of Trophy Club Meeting Minutes Zoning Board of Adjustment 1 Trophy Wood Drive Trophy Club, Texas 76262 April 08, 2021 6:00 PM Council Chambers CALL TO ORDER AND ANNOUNCE A QUORUM Acting Chairperson Cannon called the April 8, 2021 Zoning Board of Adjustment meeting to order at 6:02 PM and announced a quorum. Board Members Present: Acting Chairperson Sean Cannon Board Member Doug Harper Alternate Board Member Terry Kesterson Alternate Board Member Jack Ormond Board Members Absent: Vice Chairperson Jeff Sims Secretary John Murtaugh Alternate Board Member Peter Blanchard Staff Present: Lisa Payne Town Planner Wade Carroll Assistant Town Manager 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. Acting Chairperson Cannon asked if there were any public requests to speak. No public requests to speak were submitted. REGULAR SESSION 1. Case ZBA-21-001 (27 Lakeview Drive) a. Conduct a Public Hearing regarding a request for a variance to allow a proposed structure to encroach upon the rear setback at 27 Lakeview Drive in Trophy Club. b. Take appropriate action regarding a request for a variance to allow a proposed structure to encroach upon the rear setback at 27 Lakeview Drive in Trophy Club. Acting Chairperson Cannon opened the public hearing at 6:03 PM. Town Planner Lisa Payne presented the staff report and was available for questions. The applicant, Christopher Hailey, gave a brief explanation and was available for questions. There were no public comments. Acting Chairperson Cannon closed the public hearing at 6:07 PM. Acting Chairperson Cannon asked for discussion or a motion. Discussion included comparison of the old pergola Page 2 of 2 to the new patio cover and access to the backyard. Board Member Kesterson moved to approve the requested variance, with a second by Board Member Harper. Acting Chairperson Cannon called for a vote. The motion passed unanimously 4-0. 2. Take appropriate action regarding the January 14, 2021 Zoning Board of Adjustment minutes. Acting Chairperson Cannon asked the Board for any corrections or additions. There were none. Acting Chairperson Cannon called for a motion. Board Member Harper moved to approve the January 14, 2021 Zoning Board of Adjustment minutes, with a second by Board Member Kesterson. Acting Chairperson Cannon called for a vote. The motion passed unanimously 4-0. 3. Receive Town Planner updates on previous cases heard by the Board and active development in Town. Town Planner Lisa Payne provided a staff update and was available for questions. ADJOURN Acting Chairperson Cannon called for a motion. Board Member Ormond moved to adjourn the meeting, with a second by Board Member Kesterson. Acting Chairperson Cannon called for a vote. The motion passed unanimously 4-0. The meeting adjourned at 6:15 PM. ___________________________ ___________________________ Acting Chairperson Sean Cannon Lisa Payne, Town Planner Zoning Board of Adjustment Town of Trophy Club, TX Town of Trophy Club, TX ___________________________ Secretary John Murtaugh Zoning Board of Adjustment Town of Trophy Club, TX Town of Trophy Club Meeting Minutes Zoning Board of Adjustment 1 Trophy Wood Drive Trophy Club, Texas 76262 May 13, 2021 6:00 PM Council Chambers CALL TO ORDER AND ANNOUNCE A QUORUM Chairperson Sanders called the May 13, 2021 Zoning Board of Adjustment meeting to order at 6:04 PM and announced a quorum. Board Members Present: Chairperson Nick Sanders Board Member Doug Harper Alternate Board Member Terry Kesterson Alternate Board Member Jack Ormond Board Members Absent: Vice Chairperson Jeff Sims Secretary John Murtaugh Board Member Sean Cannon Alternate Board Member Peter Blanchard Staff Present: Lisa Payne Town Planner Matt Cox Director of Community Development / Building Official David Dodd Town Attorney 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. Chairperson Sanders asked if there were any public requests to speak. No public requests to speak were submitted. REGULAR SESSION 1. Case ZBA-21-002 (113 S. Greenhill Trail) Take appropriate action regarding a request for a special exception to allow a fence to encroach on the front setback at 113 S. Greenhill Trail. Town Planner Lisa Payne presented the staff report and was available for questions. The applicant, Michael Machado, provided an explanation and was available for questions. There were no public comments. Topics of discussion included the appearance of the proposed gate, that the encroaching fence was recently constructed without a permit, the distance the fence was installed in front of the house, and that the applicant would be using the fenced-in area for hobbies and storage. Page 2 of 3 Board Member Kesterson moved to approve the requested special exception as submitted, with a second by Chairperson Sanders. Chairperson Sanders called for a vote. The motion failed with a vote of 3-1 (Board Member Harper cast the dissenting vote). Four concurring votes are required for ZBA to grant approval. Discussion continued and Chairperson Sanders asked Town Attorney David Dodd what the options were for the ZBA and for the applicant. Town Attorney David Dodd advised that the ZBA could vote again to approve with conditions, could vote to table, or could vote to deny the request. He also advised that the applicant has the option to appeal to the District Court if the ZBA denies his request. Chairperson Sanders motioned to table the request, with a second by Board Member Kesterson. Chairperson Sanders called for a vote. The motion to table passed unanimously 4-0. 2. Case ZBA-21-004 (312 Oakmont Drive) Take appropriate action regarding a request for a special exception to allow a fence to encroach on the side setback at 312 Oakmont Drive. Town Planner Lisa Payne presented the staff report and was available for questions. There were no public comments. Board Member Harper moved to approve the request as submitted, with a second by Board Member Kesterson. Chairperson Sanders called for a vote. The motion passed unanimously 4-0. 3. Case ZBA-21-003 (50 Village Trail) a. Conduct a Public Hearing regarding a request for a variance to allow a nonresidential building to be reconstructed within the rear setback at 50 Village Trail. b. Take appropriate action regarding a request for a variance to allow a nonresidential building to be reconstructed within the rear setback at 50 Village Trail. Chairperson Sanders opened the public hearing at 6:45 PM. Town Planner Lisa Payne presented the staff report and was available for questions. The applicants, Christine Kunkle and Sarah Somji, provided an explanation and were available for questions. Dalen Wintermute, 7 Lakeview Drive, who lives directly behind the subject location, spoke in opposition of the request explaining that the building and playground being that close to his property creates a lot of noise. Chairperson Sanders closed the public hearing at 7:05 PM. Discussion provided details that the building in question, which operated as a daycare, had to be demolished due to a collapsed roof and the applicant would like to rebuild in the same location so that they won’t have to redesign the property. In 1995, ZBA granted a variance allowing the building to be built 3 feet from the rear property lin e since the adjacent land was vacant. Due to the demolition, the building lost its legal nonconforming status which requires a new variance to be granted for the applicant to rebuild as proposed. Since then, single family homes have surrounded the property and the NS zoning district regulations have been amended to increase the setback next to residential uses to 40 feet. The applicant indicated that the subject building, in addition to the existing building, is needed on the property to allow space for enough children to be enrolled to meet the costs of running a daycare. Board Member Ormond moved to deny the requested variance, with a second by Board Member Harper. Chairperson Sanders called for a vote. The motion to deny passed unanimously 4-0. 4. Receive Town Planner updates on previous cases heard by the Board and active development in Town. Town Planner Lisa Payne provided a staff update and was available for questions. Page 3 of 3 ADJOURN Chairperson Sanders adjourned the meeting at 7:33 PM. ___________________________ ___________________________ Chairperson Nick Sanders Lisa Payne, Town Planner Zoning Board of Adjustment Town of Trophy Club, TX Town of Trophy Club, TX ___________________________ Secretary John Murtaugh Zoning Board of Adjustment Town of Trophy Club, TX