06.08.15 - BOA AgendaPage 1 of 2
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1. Call to Order / Roll Call.
CONSENT AGENDA
(Items placed on the Consent Agenda are considered routine in nature and are considered non-controversial. The
Consent Agenda can be acted upon in one motion. A Board of Adjustment/Construction Board of Appeals member may
remove any item for discussion and separate action. The Board of Adjustment/Construction Board of Appeals may vote nay
on any single item without comment and may submit written comments as part of the official record.)
2. Consider and act upon minutes from the September 8, 2014 Regular Board of
Adjustment/Construction Board of Appeals meeting.
REGULAR AGENDA
(If you wish to address the Board of Adjustment/Construction Board of Appeals during the regular agenda portion of the meeting, please
fill out a “Speaker Request Form” and present it to the Building Official prior to the meeting. Citizens wishing to address the Board of
Adjustment/Construction Board of Appeals for items listed as public hearings will be recognized by the Chair. Those wishing to speak on
a non-public hearing related item will be recognized on a case-by-case basis, at the discretion of the Board of Adjustment/Construction
Board of Appeals.)
3. Consider and act upon the appointment of a Chair and Vice-Chair.
4. Conduct a Public Hearing, and consider and act upon a request for a Variance to the
Zoning Ordinance to allow for a fence exceeding four feet in height and encroaching a side
yard setback of a key lot, located at the southwest corner of Cedar Springs Drive and
Coleto Creek Drive (1820 Cedar Springs Drive). (V15-0002).
5. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting.
6. Adjourn
Note: The order in which items are heard on the agenda is subject to change.
CERTIFICATION
I, the undersigned authority, do hereby certify that this Notice of Meeting was posted on the inside window at
the Town Hall of the Town of Prosper, Texas, a place convenient and readily accessible to the general public
at all times, and said Notice was posted on Friday, June 5, 2015, at 5:00 p.m. and remained so posted at
least 72 hours before said meeting was convened.
________________________________________ _________________________
Robyn Battle, Town Secretary Date Noticed Removed
AGENDA
Meeting of the Prosper
Board of Adjustment/Construction Board of Appeals
108 W. Broadway St., Prosper, Texas
Town of Prosper Municipal Chambers
Monday, June 8, 2015, 6:00 p.m.
Prosper is a place where everyone matters.
Page 2 of 2
If during the course of the meeting covered by this Notice, the Board of Adjustment/Construction Board of Appeals should
determine that a closed or executive meeting or session of the Board of Adjustment/Construction Board of Appeals or a
consultation with the attorney/special counsel for the Town should be held or is required, then such closed or executive meeting
or session or consultation with the attorney/special counsel as authorized by the Texas Open Meetings Act, Texas Government
Code, §551.001, et seq., will be held by the Board of Adjustment/Construction Board of Appeals at the date, hour and place
given in this Notice or as soon after the commencement of the meeting covered by this Notice as the Board of
Adjustment/Construction Board of Appeals may conveniently meet in such closed or executive meeting or session or consult
with the attorney/special counsel for the Town concerning any and all subjects and for any and all purposes permitted by the
Act, including, but not limited to, the following sections and purposes:
Texas Government Code:
§551.071 - Consultation with the attorney/special counsel for the Town.
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 Board of Adjustment/Construction Board of Appeals.
NOTICE OF ASSISTANCE AT PUBLIC MEETINGS: The Prosper Board of Adjustment/Construction Board of Appeals Meetings are
wheelchair accessible. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services such as
Interpreters for persons who are deaf or hearing impaired, readers, or large print, are requested to contact the Town Secretary’s Office
at (972) 569-1011. BRAILLE IS NOT AVAILABLE.
Page 1 of 2
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1. Call to Order / Roll Call.
The meeting was called to order at 6:04 p.m.
Members present include: Bob Wierschem, Steve George, Tracy Kirl, Kevin Drown (Alternate)
** Board Members Casady, Sanders and Frazier were absent from the meeting.
Staff present included: Hulon Webb, Executive Director of Development and Community Service; John
Webb, Director of Development Services; Alex Glushko, Senior Planner; Ronnie Tucker, Fire Chief; Bryan
Ausenbaugh, Fire Marshal; Bill Elliott, Building Official; Pamela Clark, Planning Technician; and Terry
Welch, Town Attorney.
2. Consider and act upon minutes from the following Board of Adjustment/Construction Board
of Appeals meeting:
• November 11, 2013 Regular Meeting
Motioned by George, seconded by Kirl, to approve item 2. Motion approved 4-0.
REGULAR AGENDA
3. Consider and act upon an appeal to the Fire Marshal’s decision to require audio / visual (A/V)
notification throughout the facility at 1241 Prosper Commons Blvd., AKA Advantage Storage.
Discussion
Ausenbaugh: Reviewed information used to determine the necessity of an audio/visual notification system
within the interior corridors of the building. Provided information on the offices that are being constructed in
the facility and described the type of access they have to interior storage units. Addressed comments made in
an email by Kelley Stalder, State Fire Marshal.
Brian Baca (Applicant): Explained the current fire system that is installed and what type of notification is
within the facility. Stated he is aware that the Town has adopted the 2013 Fire Code; however, when they
permitted this building the 2003 Fire Code was in use. Described the type of use they believe will take place
within the office units. Stated the 2013 Fire Code was not adopted when they started construction.
Board discussed the appeal request.
Motioned by Wierchem, seconded by George, to deny the Appellant’s appeal of the Fire Marshal’s decision
to require audio/visual (AV) notification throughout the facility located at 1241 Prosper Commons
Boulevard, also known as Advantage Storage. Motion approved 4-0.
4. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting.
No action.
5. Adjourn
MINUTES
Meeting of the Prosper
Board of Adjustment/Construction Board of Appeals
108 W. Broadway St., Prosper, Texas
Town of Prosper Municipal Chambers
Monday, September 8, 2014, 6:00 p.m.
Prosper is a place where everyone matters.
Page 2 of 2
Motioned by George, seconded by Kirl, to adjourn. Motion approved 4-0.
Meeting was adjourned at 7:15 p.m.
________________________________ ___________________________________
Pamela Clark, Planning Technician Chair/Vice Chair
Page 1 of 3
To: Board of Adjustment
From: Alex Glushko, AICP, Senior Planner
Through: John Webb, AICP, Director of Development Services
Re: Board of Adjustment Meeting – June 8, 2015
Agenda Item:
Conduct a Public Hearing, and consider and act upon a request for a Variance to the Zoning
Ordinance to allow for a fence exceeding four feet in height and encroaching a side yard
setback of a key lot, located at the southwest corner of Cedar Springs Drive and Coleto Creek
Drive (1820 Cedar Springs Drive). (V15-0002).
Description of Agenda Item:
The subject property has an existing single family residential home and a six foot (6’) high
privacy wood fence located within the side yard setback on the side property line. The applicant
is pursuing replacement of the fence, which is proposed to be constructed in the same location
as the existing fence and consisting of the same height and materials.
The fence was installed at the conclusion of the construction of the home on the property. The
Town’s records indicate the fence permit was issued in in July, 2010 and received a final
inspection with the completion of the home in August, 2010. The fence permit was issued in
error in that the fence did not meet the Zoning Ordinance requirements for the placement of a
“key lot” fence. The fence is located on the property line; it should have been located thirty feet
(30’) from the property line. Permits which get issued in error, such as in this case, do not
exempt applicants from meeting the requirements of the Zoning Ordinance.
Town staff has informed the applicant that a fence permit cannot be issued for the replacement
fence because it does not meet the requirements of the Zoning Ordinance; therefore the
applicant is pursuing a Variance to these requirements.
The subject property is a “key lot.” A key lot is a corner lot which has adjacent front facing lots
on either side. An illustration of a key lot from the Zoning Ordinance has been included with this
packet of information (Attachment 2). According to the Zoning Ordinance, on key lots the side
yard is treated as a front yard and the maximum height of a fence or wall in a required front yard
of a single family shall not exceed four feet (4’) in height. As a result, in accordance with the
Town standards, the options for the proposed fence replacement are as follows, unless a
Variance is granted by the Board of Adjustment:
1. The six foot (6’) wooden replacement fence should be located at the side setback line, thirty feet
(30’) from the property line;
Prosper is a place where everyone matters.
DEVELOPMENT SERVICES
Page 2 of 3
2. The replacement fence should be a maximum of four feet (4’) in height; or
3. The replacement fence should be a minimum of fifty percent (50%) open (i.e. ornamental metal)
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 (Attachment 4).
The Town’s interpretation is that the applicant has not satisfied all the aforementioned criteria
necessary for a Variance to be granted. There is not a physical hardship preventing the
applicant from either 1) locating the replacement six foot (6’) wooden fence at the required
thirty-foot setback, 2) installing a fence not exceeding four (4’) in height, or 3) providing an
ornamental metal fence. Additionally, within the La Cima subdivision there are several other
key lots which have met the Town standards and either set the fence back to the side yard
setback line, or provided ornamental metal fencing. Example photos of key lots within La Cima
have been included with this packet of information (Attachment 3).
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 was provided to neighboring property owners as required by the Zoning Ordinance.
Town staff has received two Public Hearing Notice Reply Forms; one in opposition to the
request, and one not in opposition to the request.
Page 3 of 3
Attached Documents:
1. Subject property location map, aerial, exhibit, and photo
2. Key lot and side yard regulations
3. La Cima key lot example photos
4. Variance materials from applicant
5. Public hearing notice reply forms
Town Staff Recommendation:
Town staff recommends the Board of Adjustment deny the request for a Variance to the Zoning
Ordinance to allow for a fence exceeding four feet in height and encroaching into a side yard
setback of a key lot, located at the southwest corner of Cedar Springs Drive and Coleto Creek
Drive (1820 Cedar Springs Drive).
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Town of Prosper
DISCLAIMER. The Town of Prosper has prepared this map or information for internal use only. It is made available under the Public Information Act. Any reliance on this map or information is AT YOUR OWN RISK. Prosper assumes no liability for any errors, omissions, or inaccuracies in the map or information regardless of the cause of such or for any decision made, action taken, or action not taken in reliance upon any maps or informationprovided herein. Prosper makes no warranty, representation, or guarantee of any kind regarding any maps or information provided herein or the sources of such maps or information and DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESSED AND IMPLIED, including the implied warranties of merchantability and fitness for a particular purpose.
SUBJECT
PROPERTY
ATTACHMENT 1
SUBJECT
FENCE
ATTACHMENT 1
ATTACHMENT 1SUBJECT FENCE - VIEW FROM SOUTHERN ADJACENT PROPERTY
ATTACHMENT 1SUBJECT FENCE - VIEW FROM NORTHEAST
CHAPTER 5 – SAVINGS/REPEALING, PENALTY, SEVERABILITY, ESTOPPEL/WAIVER, EFFECTIVE DATE/PUBLICATION, AND APPENDICES
SECTION 2 – APPENDICES
O. Key Lot Setbacks
P. Corner Lot Setbacks
5-2-19
ATTACHMENT 2
CHAPTER 4 – DEVELOPMENT REQUIREMENTS
SECTION 9 – ADDITIONAL AND SUPPLEMENTAL
1. For an outside swing-in garage provided the wall of the garage that faces the street contains a glass
pane window with a minimum size of three (3) feet by five (5) feet and the height of the garage does
not exceed one (1) story; or
2. For a non-enclosed porch, stoop, or balcony, or an architectural feature, such as bay window without
floor area or chimney; or
3. For a non-enclosed porch and the main structure provided:
a. the height of the main structure does not exceed one (1) story;
b. the porch has a minimum dimension of seven (7) feet in depth measured from stud to the front
edge of the porch floor and a minimum width of twenty (20) feet; and
c. the minimum front yard for a front entry garage is increased one (1) foot for every one (1) foot the
minimum front yard for the main structure is reduced.
9.4 SIDE AND REAR YARDS:
A. On a Key Lot used for one or two-family dwellings, both street exposures shall be treated as front yards
(See Chapter 5, Section 2.3 Illustration O) on all key lots except where one street exposure is designated
as a side yard and separated from the adjacent lot by an alley (See Chapter 5, Section 2.3 Illustration P).
In such case, a building line shall be designated on the plat approved by the Town of Prosper containing a
side yard of fifteen (15) feet or more. On lots that were official lots of record prior to the effective date of
this Ordinance, the minimum side yard adjacent to a side street shall comply with the minimum required
side yard for the Zoning District.
B. Every part of a required side yard shall be open and unobstructed from the ground upward except for
accessory buildings as permitted herein and the ordinary projections of window sills, belt courses, cornices,
and other architectural features not to exceed twelve (12) inches into the required side yard, and roof eaves
projecting not to exceed thirty-six (36) inches into the required side yard. Air conditioning compressors and
similar appurtenances are permitted in the side yard.
C. Side yard setbacks in the R, C, and CC Districts may be waived for a building when attached to an adjacent
building and is shown on a site plan approved by the Planning & Zoning Commission. (Z07-8)
D. The face (meaning garage door) of a garage that faces a side yard (a swing-in garage) must be setback
twenty-four feet (24’) from the side property line. (Z10-0013)
E. Non-residential uses that are permitted within a single family Zoning District (such as a day care, school, or
church) shall maintain a forty (40) foot side and rear building setback when adjacent to a property that is
zoned or designated on the Future Land Use Plan for residential uses.
9.5 SPECIAL HEIGHT REGULATIONS
Water stand pipes and tanks (excluding Town owned and/or operated water tanks), church steeples, domes,
spires, school buildings, and institutional buildings may be erected to exceed three (3) stories in height, provided
that one (1) additional foot shall be added to the width and depth of front, side, and rear yards for each foot that
such structures exceed three (3) stories.
Ornamental features in all non-residential Zoning Districts may exceed the maximum building height provided
that the ornamental feature does not contain floor area and provided the required setbacks for the ornamental
feature are increased by two (2) feet for every one (1) foot that the ornamental feature exceeds the maximum
height. Ornamental features include, but are not limited to towers, spires, steeples, and cupolas.
9.6 MEASUREMENTS:
All measurements of setback requirements shall be made according to Chapter 5, Section 2.3, Illustrations Q-U.
4-9-3
ATTACHMENT 2
CHAPTER 4 – DEVELOPMENT REQUIREMENTS
SECTION 5 – SCREENING FENCES AND WALLS
height of the wall to visually screen the dumpster or compactor.
G. Where any alley intersects with a street, no fence or plant taller than two and one-half (2½) feet may be
placed within a sight visibility triangle defined by measuring five (5) feet down the alley right-of-way line
and measuring fifteen (15) feet down the street right-of-way line, then joining said points to form the
hypotenuse of the triangle.
H. In any residential Zoning District, or along the common boundary between any residential and non-
residential district where a wall, fence, or screening separation is provided, the following standards for
height, location, and design shall be observed:
1. Any fence or wall located to the rear of the minimum required front yard line shall not exceed eight (8)
feet in height above the grade of the adjacent property. Where a fence intersects a screening wall and
the height of the fence exceeds the height of the screening wall, the height of the fence shall transition
to the height of the screening wall over a distance of twenty (20) feet.
2. The maximum height of a fence or wall in a required front yard of a single family or duplex shall not
exceed four (4) feet. Combinations of berms and fences shall not exceed four (4) feet in height.
Ornamental metal fencing that is attached to required screening walls as defined in Subdivision
Ordinance No. 03-05, as it currently exists or may be amended, may be constructed up to eight (8) feet
in height in the front yard of cul-de-sac lots for only the side of the lot that is adjacent to a street with a
right-of-way width of sixty (60) feet or greater. The height of this fence shall not exceed the height of
the adjacent required screening wall.
3. The maximum height of a fence in a required front yard of a single family lot that is one (1) acre or
larger may exceed the four (4) foot height limit established above, provided that said fence shall not
exceed eight (8) feet in height and shall be constructed of wrought iron or decorative tubular steel.
I. Screening shall be required between residential lots and adjacent right-of-ways as required by Subdivision
Ordinance No. 03-05, as it currently exists or may be amended.
J. All mechanical equipment shall be screened from view at a point six (6) feet above ground level at the
property line. If a parapet does not accomplish this screening, a screening wall equal to the height of the
equipment shall be provided. Buildings adjacent to single family zoned property or property that is
designated as single family on the Future Land Use Plan shall provide a screening wall equal to the height
of the equipment on all sides that face the residential property.
K. A six (6) foot irrigated living screen shall be required when parking is located adjacent to residential in the
Downtown Commercial District (DTC), Downtown Retail District (DTR), or the Downtown Office District
(DTO).
L. Air conditioning units and pool equipment shall be entirely screened from view from adjacent public right-of-
way by a living screen consisting of evergreen shrubs, a solid privacy fence, or through building orientation.
4-5-3
ATTACHMENT 2
Street View - Sep 20131014 Twin Oaks DrProsper, TexasPage 1 of 1Google Maps6/4/2015https://www.google.com/maps/@33.2257,-96.784558,3a,75y,190.14h,82.41t/data=!3m4!1e1!3m2!1scb9crNTobKh31F5Q468s-g...La Cima Subdivision - Key lot side yard with ornamental metal fencingATTACHMENT 3
Del Carmen DrProsper, TexasStreet View - Sep 2013Page 1 of 1Google Maps6/4/2015https://www.google.com/maps/@33.224046,-96.783886,3a,75y,345.62h,80.51t/data=!3m4!1e1!3m2!1sjqAhjHIg1yT5qn1rvwqL...La Cima Subdivision - Key lot side yard with ornamental metal fencingATTACHMENT 3
Street View - Sep 20131120 Three Rivers DrProsper, TexasPage 1 of 1Google Maps6/4/2015https://www.google.com/maps/@33.226434,-96.781467,3a,75y,213.08h,77.79t/data=!3m4!1e1!3m2!1sSp7TLcxGYie8rEydkWF...La Cima Subdivision - Key lot side yard with ornamental metal fencingATTACHMENT 3
Street View - Sep 20131121 Cedar Springs DrProsper, TexasPage 1 of 1Google Maps6/4/2015https://www.google.com/maps/@33.228484,-96.783619,3a,75y,59.89h,71.94t/data=!3m4!1e1!3m2!1sYrqX2NqXaJXfHhrn68Pv...La Cima Subdivision - Key lot side yard with ornamental metal fencingATTACHMENT 3
Street View - Sep 2013710 Caddo CtProsper, TexasPage 1 of 1Google Maps6/4/2015https://www.google.com/maps/@33.227331,-96.779103,3a,75y,134.42h,83.15t/data=!3m4!1e1!3m2!1sfPbJQU6Nq0ppyFzazblN...La Cima Subdivision - Key lot side yard with fence setback to side yardATTACHMENT 3
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