2022.03.15 BOA Order - Rear Yard Setback - 2211 Whetstone WayPage 1 of 3
To: Board of Adjustment
From: Alex Glushko, AICP, Planning Manager
Through: Khara Dodds, Director of Development Services
Brady Cudd, Building Official
Re: Board of Adjustment Meeting – March 14, 2022
Agenda Item:
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).
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 structure to encroach a rear yard setback, located in the Falls of Prosper
subdivision, at 2211 Whetstone Way. The subject property is zoned Planned Development-70,
which has a minimum required rear yard of twenty-five feet (25’). This request is specifically to
allow for a recently constructed house to remain as is with an encroachment of 0.8 feet or 9.6
inches over the rear building line, as shown below.
A timeline of events is as follows.
On January 21, 2021 Harwood Homes/First Texas Homes applied for a building permit (H21-
0089) to construct a house on the subject property. The permit was approved on February 2,
2021. The approved permit did not show the encroachment of the structure over the rear building
line. On February 12, 2021, the permit was issued to the builder for construction of the home.
Following issuance of the permit, inspections resulted in the following:
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SERVICES
Page 2 of 3
• March 11, 2021, a plumbing rough-in inspection was disapproved for multiple reasons, including
the required paperwork not being located onsite as required;
• On March 15, 2021, a plumbing rough-in inspection was scheduled, but subsequently canceled;
• On March 16, 2021, a plumbing rough-in inspection was disapproved for multiple items; however,
the required paperwork, including a Form Board Survey, was accepted; and
• On March 18, 2021, a plumbing rough-in inspection was approved.
The Form Board Survey noted above that was accepted on March 16, 2021, depicted the 0.8 feet
or 9.6-inch rear yard building encroachment. That survey was accepted and approved by Town
Staff, in error. It should be noted, that while the surveyor identified and depicted the forms being
over the building lines, no notable notations or indications were made on the survey to alert either
the builder or inspector of the issue.
The Town was notified of the error in mid-December 2021, during the course of a conversation
with the builder for First Texas, Karl Dawson. Mr. Dawson had been made aware of the issue by
the surveyor performing the final grade survey. On February 11, 2022, an initial Building Final
inspection of the house was performed. As of March 1, 2022, all items identified during that
inspection have been addressed, with the exception of the subject encroachment. The request,
if approved, would allow the house to be finaled and the buyers to occupy the residence.
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:
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.
Page 3 of 3
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. Property Survey
3. Variance Request Letter
Staff Recommendation:
Staff recommends the Board of Adjustment approve the 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.
PROPERTY DESCRIPTION
FLOOD N OTE:
/
Field Date :
ASC No.
Buyer:
Client
G.F. No.
Drafter/Field Crew
AN EXACTA COMPANY
220 Elm Street, Suite 200 | Lewisville, TX 75057
972-221-9439 TFRN# 10063800
SURVEYORS CERTIFICATION:
The undersigned does hereby certify that this
sur vey was this day made on the ground of the
proper ty legally described hereon and is
cor rect and to the best of my knowledge there
are no visible discrepancies, conf licts,
shor tages in area, boundar y line conf licts,
encroachments, overlapping of improvements,
easements or rights of way that I have been
advised of except as shown hereon. The
bearings shown hereon are based on the above
referenced recorded map or plat unless
otherwise noted.
ISSUE DATE:1/18/2021
F2101.2304-FM
N/A
PROSPER, TEXAS 75078
2211 WHETSTONE WAY
2211 WHETSTONE WAY
LOT 9, BLOCK J OF FALLS OF PROSPER PHASE 2, AN ADDITION TO THE TOWN OF PROSPER, COLLIN COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDED IN DOCUMENT NO.
2019-599, OFFICIAL PUBLIC RECORDS OF COLLIN COUNTY, TEXAS.
1/14/2021
(50' ROW)S0°49'39"E 140.00'N89°10'21"E 107.15'N0°49'39"W 140.00'S89°10'21"W 107.15'
Lot 9
Block J
Form Survey
2211 Whetstone Way
Top of Form=767.9'Lot 8Lot 10Lot 22Lot 21
Lot 8Lot 7SCALE
1" = 20'
Note: This survey was
prepared without the
benefit of a title search,
therefore no search of
recorded easements was
performed on subject
property.
BY PERFORMING A SEARCH WITH THE LOCAL GOVERNING MUNICIPALITY OR WWW.
FEMA.GOV, THE PROPERTY APPEARS TO BE LOCATED IN ZONE X, PER 480130 0235,
DATED: JUNE 2, 2009.
N.F.C. .
HARWOOD HOMES
HARWOOD HOMES
500 CRESCENT COURT, SUITE 350
DALLAS, TEXAS 75201
ISSUE DATE:/
220 Elm Street, Suite 200 | Lewisville, TX 75057
972-221-9439 TFRN# 10063800
arthursurveying.com
SURVEYORS CERTIFICATION:
The undersigned, being a Registered Professional Land
Surveyor in the State of Texas, does hereby certify that
the Plat or Survey hereon correctly represents the
results of an actual survey made on the ground under
my direction and meets the standards of practice
promulgated by the Texas Board of Professional
Engineers and Land Surveyors.
Field Date :
ASC No.
Buyer:
Client
G.F. No.
Drafter/Field Crew
PROPERTY DESCRIPTION:
Date:
The undersigned have/has received and
reviewed a copy of this survey.
x
x
FLOOD NOTE:
12/15/2021
FPR02-0J09-FIG
PROSPER, TEXAS 75078
2211 WHETSTONE WAY
2211 WHETSTONE WAY
LOT 9, BLOCK J OF FALLS OF PROSPER PHASE 2, AN ADDITION TO THE TOWN OF PROSPER, COLLIN COUNTY, TEXAS, ACCORDING TO THE PLAT
RECORDED IN DOCUMENT NO. 2019-599, OFFICIAL PUBLIC RECORDS OF COLLIN COUNTY, TEXAS.
12/13/2021
(50' ROW)
WHETSTONE WAY 24.2'17.0'
17.0'35.8'10.4'
10.4'
10.1'
10.1'
N89°10'21"E 107.15'N0°49'39"W 140.00'S89°10'21"W 107.15'
Lot 9
Block J
RESIDENCE
2211 Whetstone Way
F.F. ELEV.=767.95'Lot 8Lot 10Lot 22Lot 21
F.I.R.C.
C.M.
10' Utility Esmt.*
35' Building Line*10' Side Yard**25' Building Line**
B.C.762.6 B.C.764.93
766.93
F.I.R.C.
F.I.R.C.F.I.R.C.F.I.R.C.
765.82
766.85
766.77
766.94
767.54766.39
765.87
765.18
767.07764.07
764.07
COV.
CONC.
CON
C.
DRIV
E
W
A
Y
COV.
CONC.
COV.
CONC.
COV.
CONC.
A/C
CON
C.
DRIV
E
W
A
Y
18.0'50.6'12.6'2.8'25.9'3.8'15.5'23.3'4.5'5.2'4.5'9.0'1.1'5.9'27.0'21.9'7.2'13.5'21.0'8.6'13.5'12.2'13.8'21.7'13.6'21.7'S0°49'39"E 140.00'COV.
CONC.0.8'0.8'0.0'
0.3'
0.1'
1.5'
767.15
10' Side Yard*** PER PLAT
** PER PLOT PLAN
Notes:
1.This survey was prepared
without the benefit of a
title search, therefore no
search of recorded
easements was performed
on subject property.
2.The bearings shown
hereon are based on the
above referenced recorded
map or plat unless
otherwise noted.
3.Elevations shown are
relative to this site.
4.C.M.'s shown hereon are
the basis for directional
control.
5.Elevation Datum per
Grading Plan.
BY PERFORMING A SEARCH WITH THE LOCAL GOVERNING MUNICIPALITY
OR WWW.FEMA.GOV, THE PROPERTY APPEARS TO BE LOCATED IN ZONE X,
PER 480130 0235, DATED: JUNE 2, 2009.
B.K.C.B.
HARWOOD HOMES
HARWOOD HOMES
500 CRESCENT COURT, SUITE 350
DALLAS, TEXAS 75201
1. The requested variance does not violate the intent of the Zoning Ordinance or its
amendments;
Response: The home was placed .8’ behind the front build line and .8’ over the rear
build line. The intent was to ensure the home was behind the front build line.
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;
Response: The zoning for SF15 general guild lines stated in Chapter 4 Section 9.3
and 9.4 of Zoning Ordinance Town of Prosper that: “the minimum front yard
setbacks for all lots fronting onto the same street along a block shall be
staggered such that one-third of the lots have a front yard setback that is reduced
by five feet, one-third of the lots have a front yard setback as defined in Chapter
2, and one-third of the lots have a front yard setback that is increased by five feet.
Not more than two lots in a row may incorporate the same front yard setback. The
average setback along the block shall equal the required setback for the
particular zoning district. The lots with an increased front building line may also
decrease the rear building line by five feet to maintain the necessary building pad
depth”.
https://library.municode.com/tx/prosper/codes/zoning_ordinance?nodeId=PRZOCO
_CH4DERE_S9ADSU_9.4SIREYA
3. The hardship is in no way the result of the applicant’s own actions; and
Response: During construction the plumbing rough inspections are where the
survey and plot plan are reviewed by the Town of Prosper building inspection
department and either approved or disapproved. The applicant passed necessary
Town of Prosper inspections during plumbing rough inspections on 3/18/21.
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.
Response: The applicant interprets the provisions in the Zoning Ordinance that
Prosper’s desire to maintain spacious distance between homes and streets. By
having this home back 0.8’ behind the front build line maintains the spirit of the
ordinance and will not have a negative impact on any of the surrounding homes in
the neighborhood.
Justin Jago
Community Sales Counselor
First Texas & Harwood Homes
Tanners Mill, Falls of Prosper and Cambridge Estates
1310 St. Peter Lane
Prosper, TX 75078
Office: 972.346.2647
Days off: Thursday/Friday