Board approves variance for private basketball gym; neighbors raise lighting concerns

The Flower Mound Board of Adjustment granted a height variance allowing an accessory building to reach 29 feet, 0.5 inches at 3700 Scenic Drive so the homeowner may build a private basketball gym.

Staff presented BOA-25-0003 and said the request was for a variance from Section 98-1032(e) (accessory buildings). The parcel is zoned agricultural and covers about 515,445 square feet (roughly 12 acres), staff said; no prior variances were reported.

Applicant Michael Guzzardo said he purchased the property in August 2024 and plans to replace a previously existing structure in the same location with a full-court basketball gym for private, family use. He said the lot’s topography places the proposed building about 40 feet below the house foundation, that tree cover obscures views, and that the nearest neighbor who could see the building is several hundred feet away. Guzzardo said an existing structure of similar height previously stood in the same location and that the proposed gym is sized to meet a recommended minimum interior height of approximately 25 feet for basketball.

Two nearby residents spoke during public comment. Michael Lima — a neighbor to the south — said he supports the improvements but asked the applicant to address light intrusion, saying prior floodlights from the earlier building shone into his bedroom. Uwe von Zervold also cited concerns about bright exterior lighting. Guzzardo responded that he would minimize lighting, offered to use motion sensors, and said he would avoid windows that would spill light to neighbors.

The board debated special circumstances, visibility, and compatibility. One board member noted the lot size, topography, and the fact an earlier taller structure existed; another member asked staff whether the town’s lighting ordinance would apply. Staff confirmed the town’s lighting code prohibits light intrusion onto neighboring properties and that plan review will check lighting during permit processing.

On a roll call the board approved the variance. Votes recorded were: Board member Freaney — aye; Vice Chair Shea — aye; Chair Jones — aye; Board member Sealy — aye; Board member Bean — nay. The motion carried 4-1.

The variance authorizes 9.5 feet above the 20-foot accessory-building limit (requested height 29 feet, 0.5 inches). The applicant said he will work with neighbors to limit exterior floodlighting; staff noted lighting will be subject to the town’s lighting ordinance and plan-review checks before final permit approval.