03.14.22 - BOA PacketPage 1 of 2
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Notice Regarding Public Participation
Welcome to the Prosper Board of Adjustment/Construction Board of Appeals meeting. Individuals
may attend the meeting in person, or access the meeting via videoconference, or telephone
conference call.
To access the videoconference online, follow these instructions:
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Enter Meeting ID: 838 3323 9947
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The meeting moderator will acknowledge your request and allow you to speak.
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Enter Meeting ID: 838 3323 9947
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you to speak.
Addressing the Board of Adjustment/Construction Board of Appeals:
• Those wishing to address the Board must complete the Public Comment Request Form
located on the Town website or in Council Chambers.
• If you are attending in person, please submit this form to the Board Chair or a staff
member prior to the meeting. When called upon, please come to the podium and state your
name and address for the record.
• If you are attending online/virtually, please submit this form prior to 5:00 p.m. on the day
of the meeting. Please ensure your full name appears on the screen and you are unmuted
so the meeting moderator can recognize you and allow you to speak. The Chat feature is
not monitored during the meeting. The Town assumes no responsibility for technical issues
that are beyond our control.
If you encounter any problems joining or participating in the meeting, please call our help
line at 972-569-1191 for assistance.
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 Board when
the item is considered by the Board.
1. Call to Order / Roll Call
2. Consider and act upon minutes from the January 10, 2022, Regular Board of
Adjustment/Construction Board of Appeals meeting.
AGENDA
Meeting of the
Prosper Board of Adjustment/
Construction Board of Appeals
Prosper Town Hall
Council Chambers
250 W. First Street, Prosper, Texas
Monday, March 14, 2022, 6:00 p.m.
Prosper is a place where everyone matters.
Page 2 of 2
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).
4. 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 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, March 11, 2022, 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) m inutes with
approval of a majority vote of the Board of Adjustment/Construction Board of Appeals.
NOTICE OF ASSISTANCE AT PUBLIC MEETINGS: The Prosper Town Hall is 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.
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, January 10, 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: CJ Alexander, Brad Black, Cliff Freeman (Alternate), Grant Mendeljian,
and Joe Tremblay.
Board members absent: George Dupont.
Non-participating Board members in attendance: Kenneth Dugger (Alternate)
Staff present: Trish Eller, Code Enforcement Officer; and Michael Martin, Deputy Town Attorney
Staff present via teleconference: Khara Dodds, Director of Development Services; Mary Branch,
Health & Code Supervisor; Brady Cudd, Building Official; Alex Glushko, Planning Manager; and
Evelyn Mendez, Planning Technician.
REGULAR AGENDA
2. Consider and act upon the appointment of a Chair and Vice-Chair.
Motion by Alexander, second by Black, to appoint George Dupont as Chair. Motion approved 5-0.
Motion by Black, second by Freeman, to appoint CJ Alexander as Vice-Chair. Motion approved 5-
0.
3. Consider and act upon minutes from the February 25, 2019, Regular Board of
Adjustment/Construction Board of Appeals meeting and Joint Meeting of the Prosper
Board of Adjustment/Construction Board of Appeals and the Prosper Planning &
Zoning Commission.
Motion by Black, second by Tremblay, to approve the minutes from the February 25, 2019, Regular
Board of Adjustment/Construction Board of Appeals meeting. Motion approved 5-0.
4. Conduct a public hearing concerning a substandard structure located at 2060 Dove
Creek Circle in the Town of Prosper, and thereafter discuss, consider, and take
action regarding said substandard structure.
Prosper is a place where everyone matters.
Prosper Board of Adjustment/Construction Board of Appeals
Meeting Minutes of January 10, 2022
Page 2 of 2
Martin and Eller: Presented information regarding the proposed request and structure.
Dirk Leidecker (Property Owner): Provided information regarding the structure and associated
improvements.
The public hearing was opened, and with no requests to speak, the public hearing was closed.
Motion by Black, second by Alexander, to determine the structure located at 2060 Dove Creek
Circle, Prosper, Texas is a substandard structure and further order the property owner demolish
the structure, in accordance with all applicable codes, by February 9, 2022. Motion approved 5-0.
4. Adjourn.
Motion by Tremblay, second by Black, to adjourn, at 6:50 p.m. Motion approved 5-0.
________________________________________ _________________________
Evelyn Mendez, Planning Technician Chairman/Vice-Chairman
Page 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:
Prosper is a place where everyone matters.
DEVELOPMENT
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