01.30.23 - BOA Packet (Cancelled)Page 1 of 2
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Prosper is a place where everyone matters.
Welcome to the Prosper Board of Adjustment/Construction Board of Appeals Meeting.
Addressing the Board of Adjustment/Construction Board of Appeals:
Those wishing to address the Board of Adjustment/Construction Board of Appeals must complete
the Public Comment Request Form located on the Town's website or in the Council Chambers.
If you are attending in person, please submit this form to the Town Secretary or the person
recording the minutes for the Board/Commission prior to the meeting. When called upon, please
come to the podium, and state your name and address for the record.
In compliance with the Texas Open Meetings Act, the Town Council/Board/ Commission may not
deliberate or vote on any matter that does not appear on the agenda. The
Council/Board/Commission, however, may provide statements of fact regarding the topic, request
the topic be included as part of a future meeting, and/or refer the topic to Town staff for further
assistance.
Citizens and other visitors attending Board of Adjustment/Construction Board of Appeals
meetings shall observe the same rules of propriety, decorum, and good conduct applicable to
members of the Town Council. Any person making personal, impertinent, profane or slanderous
remarks or who becomes boisterous while addressing the Town Council or while attending the
Town Council meeting shall be removed from the room, if so directed by the Mayor or presiding
officer, and the person shall be barred from further audience before the Town Council during that
session of the Town Council. Disruption of a public meeting could constitute a violation of Section
42.05 of the Texas Penal Code.
Pursuant to Section 551.007 of the Texas Government Code, individuals wishing to address the
Board for items listed as public hearings will be recognized when the public hearing is opened.
For individuals wishing to speak on a non-public hearing item, they may address the Commission
when the item is considered by the Board of Adjustment/Construction Board of Appeals.
Call to Order / Roll Call.
1.Consider and act upon the minutes from the March 14, 2022, Board of
Adjustment/Construction Board of Appeals meeting.
2.Conduct a Public Hearing, and consider and act upon a request for a Variance to the
Zoning Ordinance, to allow a pool to encroach upon the required 3’ minimum backyard
setback, located in the Star Trail subdivision at 1710 White Tail Drive. (V22-0004)
Adjourn.
AGENDA
Prosper Board of Adjustment/Construction
Board of Appeals
Prosper Town Hall, Council Chambers
250 W. First Street, Prosper, Texas
Monday, January 30, 2023
6:00 PM CANCELLED
Page 2 of 2
CERTFICIATION
I, the undersigned authority, do hereby certify that this Notice of Meeting was posted at Prosper
Town Hall, located at 250 W. First Street, Prosper, Texas 75078, a place convenient and readily
accessible to the general public at all times, and said Notice was posted by 5:00 p.m., on Friday,
January 27, 2023, and remained so posted at least 72 hours before said meeting was convened.
_______________________________ _________________________
Michelle Lewis Sirianni, Town Secretary Date Notice Removed
Pursuant to Section 551.071 of the Texas Government Code, the Town Council reserves the right to consult
in closed session with its attorney and to receive legal advice regarding any item listed on this agenda.
NOTICE
Pursuant to Town of Prosper Ordinance No. 13-63, all speakers other than Town of Prosper staff are limited
to three (3) minutes per person, per item, which may be extended for an additional two (2) minutes with
approval of a majority vote of the Town Council.
NOTICE OF ASSISTANCE AT PUBLIC MEETINGS: The Prosper Town Council meetings are wheelchair
accessible. For special services or assistance, please contact the Town Secretary’s Office at (972) 569 -
1011 at least 48 hours prior to the meeting time. CANCELLED
MINUTES
Regular Meeting of the
Board of Adjustment/
Construction Board of Appeals
Prosper Town Hall
Executive Conference Room
250 W. First Street, Prosper, Texas
Monday, March 14, 2022, 6:00 p.m.
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Regular Meeting of the Board of Adjustment/Construction Board of Appeals
1. Call to Order / Roll Call.
The meeting was called to order at 6:00 p.m.
Board members present: Chair George Dupont, Vice-Chair CJ Alexander, Grant Mendeljian, Joe
Tremblay, and Brad Black.
Board members absent: Kenneth Dugger (Alternate) and Cliff Freeman (Alternate).
Staff present: Brady Cudd, Building Official; Alex Glushko, Planning Manager; and Evelyn Mendez,
Planning Technician.
REGULAR AGENDA
2. Consider and act upon minutes from the January 10, 2022, Regular Board of
Adjustment/Construction Board of Appeals meeting.
Motion by Alexander, second by Mendeljian, to approve the minutes from the January 10, 2022,
Regular Board of Adjustment/Construction Board of Appeals meeting. Motion approved 5-0.
3. Conduct a Public Hearing, and consider and act upon a request for a Variance to the
Zoning Ordinance, to allow a structure to encroach a rear yard setback, located in
the Falls of Prosper subdivision, at 2211 Whetstone Way. (V22-0001).
Glushko: Summarized the request and presented exhibits.
Justin Jago (Applicant): Provided information regarding the proposed variance to the Zoning
Ordinance.
Motion by Alexander, second by Black. Motion approved 5-0.
4. Adjourn.
Motion by Alexander, second by Black, to adjourn, at 6:10 p.m. Motion approved 5-0.
________________________________________ _________________________
Evelyn Mendez, Planning Technician Chairman/Vice-Chairman
Prosper is a place where everyone matters.
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Item 1.
Page 1 of 3
To: Board of Adjustment
From: Brady Cudd, Building Official
Re: Board of Adjustment Meeting – January 30, 2023
Agenda Item:
Conduct a Public Hearing, and consider and act upon a request for a Variance to the Zoning
Ordinance, to allow a pool to encroach upon the required 3’ minimum backyard setback, located
in the Star Trail subdivision at 1710 White Tail Drive. (V22-0004)
Description of Agenda Item:
The Town has received a request of the Board of Adjustment (BOA) to consider a request for a
Variance to allow a pool to encroach upon the required 3’ minimum backyard setback, located in
the Star Trail subdivision at 1710 White Tail Drive. Article 3.16.002 of the Town of Prosper Code
of Ordinance requires that Pools and spas shall have a required minimum backyard setback of
three feet. Due to the unique characteristics of the lot, the applicant feels this results in an undue
hardship and is requesting a variance in order to construct a pool within the backyard setback,
but still 3’ from the existing retaining wall located at the rear of the property. In particular, the
applicant has stated they developed an initial vision for their proposed backyard modifications
based on the assumption that the retaining wall was located on the property line. Given that the
attached survey dated 12/12/18, which was supplied to the Town as a Final Grade Certificate at
time of Final Inspection, does show the property line to be at the retaining wall, this assumption
seems entirely reasonable. The adjacent property owner, the Villages of Star Trail Homeowners
Association, supports this request as they do not intend on relocating the retaining wall that runs
adjacent to, but several feet to the North of, the property line.
According to the Zoning Ordinance, the Board of Adjustment may consider, in specific cases, a
variance of height, yard, area, exterior structure, lot coverage, off-street parking and loading
requirements from the terms of the Zoning Ordinance, if the variance is not contrary to the public
interest and, due to special conditions, a literal enforcement of the Ordinance would result in
unnecessary hardship, and so that the spirit of the Ordinance is observed and substantial justice
is done. A variance shall not be granted to relieve a self-created or personal hardship, nor shall
it be based solely on economic gain or loss, nor shall it permit any person a privilege in developing
a parcel of land not permitted by Ordinance to other parcels of land in the Town or the district. No
variance may be granted if it results in an unnecessary hardship, as herein defined, on another
parcel of land.
In order to make a finding of hardship and to grant a variance, the Board of Adjustment must
determine that the following four (4) criteria have been met:
Prosper is a place where everyone matters.
DEVELOPMENT
SERVICES
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1. The requested variance does not violate the intent of the Zoning Ordinance or its amendments;
and
2. Special conditions of restricted area, shape, topography, or physical features exist that are peculiar
to the subject parcel of land and are not applicable to other parcels of land in the same zoning
district; and
3. The hardship is in no way the result of the applicant’s own actions; and
4. The interpretation of the provisions in the Zoning Ordinance or its amendments would deprive the
applicant of rights commonly enjoyed by other properties, in the same zoning district, that comply
with the same provisions.
The applicant has provided a letter with responses to each of these criteria which has been
included with this packet of information. The concurring vote of four (4) members of the Board of
Adjustment is necessary to authorize a variation from the terms of the Zoning Ordinance.
Legal Obligations and Review:
Notification of the Variance was provided in accordance with the Zoning Ordinance. To date, staff
has not received any responses to the request.
Attached Documents:
1. Location Map
2. Survey and Pool Layout
3. Letter of Intent
4. HOA Letter
Staff Recommendation:
Staff recommends the Board of Adjustment approve the request for a Variance to the Zoning
Ordinance, to allow a pool to encroach upon the required 3’ minimum backyard setback, located
in the Star Trail subdivision at 1710 White Tail Drive.
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0'
0'4'14'30' 6"
4' 1"
4'
3'
32' 6"3'4'3'
3'4'4' 5"CURRENT PROPERTY LINE 3'3'4'Scale: 1/8" = 1 ft
***BEING ABLE TO USE THE RETAINING WALL OR THE
ACTUAL FENCE WOULD ALLOW US TO PUSHE THE POOL
BACK 2' AND MEET THE 1:1 REQUIREMENT FROM
FOUNDATION
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Town of Prosper,
We are requesting a variance on our property located at 1710 White Tail Dr., Prosper,
Texas 75078. (Lot 4, Block G of Star Trail Phase One A, Collin County)
The variance we request is in the rear of the lot. The plat that was submitted shows the
property line in a straight line from corner to corner of the rear of the lot. The actual stone wall
with an iron fence on top is bowed outward away from our house.
When buying the property we assumed the fence was the property line and took
measurements based on that. The original plat showed the property line and wall to be on the
same line so we did not think twice about our property actually not going all the way to the wall.
Skip ahead to the present as we have had pool companies give us bids on a pool and
we find out the property line is different than expected.
I write this to ask the Town to grant us the variance to build the pool inside the property
line but 3 feet away from the wall as shown in the pool layout/plat that was submitted. This
would allow us to have the pool desired and allow the developer to move the wall in the future
on their property without damaging the pool if needed. (See HOA letter of approval).
By granting the variance we would be able to utilize the entire space inside the fence or
what we consider “our yard” without adversely affecting the land use around us. Actually all lots
with the exception of ours and the neighbor to the West have the wall/fence as the property line.
One additional note: By granting the variance it will allow us to build a pool and it also
keeps us at the 1:1 ratio on grade that would not require engineering. This is both beneficial for
the town and for us.
Respectfully,
Matthew & Cristina Owens
RAIDERSDAD1@gmail.com
972-802-4535
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