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BM 2002-06-06 BOAMINUTES OF JUNE 6, 2002 BOARD OF ADJUSTMENT The Board of Adjustment of the City of Coppell met on Thursday, June 6, 2002, at 7:30 p.m. in the Council Chambers of Town Hall, 255 Parkway Blvd. In attendance: David Stonecipher, Chairman Steven Wright, Commissioner Norman Kressmann, Commissioner Robert Chomiak, Commissioner David Terry, Alternate Commissioner Donald Perschbacher, Alternate Commissioner Robert Turk, Alternate Commissioner Absent: John Hoppie, Alternate Commissioner Mark LeGros, Vice Chairman Also present: Greg Jones, Chief Building Official Mary Beth Spletzer, Recording Secretary Applicants present: Mr. Lem Miller, 133 Meadowcreek, Coppell Item 1: Call to Order. Chairman Stonecipher called the meeting to order at 7:30 p.m. Commissioner Turk was invited to serve on the Board in the absence of Vice Chairman LeGros. Item 2: Approval of minutes of May 2, 2002, meeting. Motion was made by Commissioner Kressmann to approve the minutes of the May 2, 2002, meeting. Motion was seconded by Commissioner Wright, and a vote was taken. Motion carried, 5 to 0. Minutes approved. The oath was administered by Chairman Stonecipher for those wishing to speak in favor of, or in opposition to, the requests being heard tonight. Item 3: Public Hearing to consider approval of a variance request from Section 11-3-1 (B) of the City's Zoning Ordinance, for the property located at 133 Meadowcreek Road. Mr. Lem Miller is requesting a 9-inch variance to the 10-ft. sideyard setback on the east side of the property, to allow for the construction of a garage addition. Greg Jones explained that the packet contains a sketch of the proposed addition for this lot, including: new garage with second floor; conversion of the existing garage to living area; and conversion from a side-entry to a front-entry garage. He further explained that the sideyard restrictions in this zoning district require either 10 percent of the lot width or a minimum of 8 feet, adding that because this lot is 100 feet wide, a 10- ft. sideyard must be maintained in order to construct the garage without a variance. He reported that the variance request is for 9 inches, reducing the 10-ft. sideyard setback to 9 feet, 3 inches. Greg Jones referred to the applicant's detailed letter, included in the packet, outlining the request for a 4-1/2 inch variance on each side of the 16-ft. garage door, to allow for easier opening of doors, as well as a small landscape planting bed. He added that the applicant applied for a similar 2-ft. variance request in 1995, but withdrew the request before the hearing. He explained that Mr. Miller has since made a good effort to minimize his request, adding that although his garage addition is workable without the variance, the additional 9 inches would ease his problem. Greg Jones distributed a letter, from a neighbor, in favor of the variance request. The applicant was invited to step forward to present his case. Lem Miller, of 133 Meadowcreek, distributed a floor plan of the proposed garage addition, as well as photos of the lot, explaining that the existing garage would be converted to a media room, and a new garage with second floor would be added. He explained that his reason for the variance request is mainly aesthetic --- to create an adequate planting bed --- but is due to property hardships. He added, also, that an area at the rear of the new garage would be devoted to storage, so that only his cars would be visible when the garage door is open. Mr. Miller noted that he needs the variance because of two property conditions --- his house is positioned at an angle on the lot and a sewer easement runs through the middle of the backyard. He noted that although it is a challenge to get a 16-ft. wide garage door on an 18-ft. wide masonry wall, it is workable without the variance. He explained, however, that his main concern is to get the additional few inches of space to create a minimal planting bed. Mr. Miller distributed pictures of the property, showing the impact of the driveway on the landscaping. Mr. Miller explained that he had a letter, dated 1995, from the former president of the Northlake Woodlands homeowner's association, granting approval to build a front-entry garage. Chairman Stonecipher asked Mr. Miller if he had a more recently-dated letter of authorization from the homeowner's association, and Mr. Miller replied that he did not. Commissioner Chomiak asked for additional information about the angle of the house on the lot, and Commissioner Kressmann asked for clarification on the offset area of the existing garage. Commissioner Wright asked the applicant if he had considered having two garages --- one side entry and one front entry --- and Mr. Miller responded that he has been reviewing this situation for seven years and has considered every possibility. This current plan is the one that best meets his needs, while keeping the variance request to a minimum. Meeting was opened to the public. Speaking in favor of the variance request was Steve Henry, of 121 Meadowcreek. Mr. Henry reported that he supports Mr. Miller's request, explaining that he, like Mr. Miller, experienced the hardship of designing a room addition on his property and attempting to work around the unused, but not abandoned, sewer easement that splits his backyard, as well as others along Meadowcreek. Mr. Henry added that although the lots on this side of the street are deep, the sewer easement is located toward the front of those backyards, resulting in unusable space as far as room expansions are concerned, and floodplain beyond that. In addition, Mr. Henry added that if a garage is constructed too small, it could be a hindrance, for access purposes, in case of a fire/medical emergency. Mr. Henry also indicated that he talked with his neighbors concerning this request, and they're supportive of it. 2 Mark Smith, of 134 Meadowcreek, also spoke in favor of the variance request, adding that he lives across the street from Mr. Miller. He commented that Mr. Miller's landscaping would be sufficient to obstruct his view of Mr. Miller's proposed front-entry garage. No one spoke in opposition to the variance request. Mr. Miller was asked to return to the podium for additional questions. Chairman Stonecipher asked about the depth of the lot, and Mr. Miller replied that it is 450 feet deep, of which only about 20 percent are useable. Hearing was closed to the public and opened to the Board for discussion. Chairman Stonecipher commented that although the variance is not needed to proceed with the garage construction, there are property hardships on this lot that limit the possibilities. Commissioner Kressmann agreed that two special conditions exist on this lot --- the easement and the floodplain --- which severely limit the extent to which the property can be used and enjoyed. Motion was made by Commissioner Wright to grant the request for a 9-inch variance to the 10-ft. sideyard setback. Motion was seconded by Commissioner Kressmann, and a vote was taken. Motion carried, 5 to 0. Variance granted. Item 4: Other Business. Greg Jones reminded Board members of the upcoming term renewal process, adding that the deadline to re- apply is Wednesday, July 3 1st. For general purposes, Commissioner Wright asked for clarification on the calculation of height restrictions, and Greg Jones referred to that section of the Zoning Ordinance. Adjournment. Meeting adjourned. David Stonecipher, Chairman Mary Beth Spletzer, Recording Secretary