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BM 2003-01-09 BOAMINUTES OF JANUARY 9, 2003 BOARD OF ADJUSTMENT The Board of Adjustment of the City of Coppell met on Thursday, January 9, 2003, at 7:30 p.m. in the Council Chambers of Town Hall, 255 Parkway Blvd. In attendance: Mark LeGros, Chairman Norman Kressmann, Vice Chairman David Stonecipher, Commissioner Steve Wright, Commissioner Robert Chomiak, Commissioner John Hoppie, Alternate Commissioner David Terry, Alternate Commissioner Ronald Smith, Alternate Commissioner Absent: Donald Perschbacher, Alternate Commissioner Applicants present: Mr. Mark Matise, Browning Property Co. Dr. Tammi Schlichtemeier, Coppell Pediatric Associates Also present: Greg Jones, Chief Building Official Mary Beth Spletzer, Recording Secretary Item 1: Call to Order. Chairman LeGros called the meeting to order at 7:30 p.m. Item 2: Approval of minutes of October 3, 2002, meeting. Motion was made by Commissioner Kressmann to approve the minutes of the October 3, 2002, meeting. Motion was seconded by Commissioner Stonecipher and a vote was taken. Motion carried, 5 to 0. Minutes approved. The oath was administered by Chairman LeGros 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 special exception from Section 12-31-6(28) - Parking Requirements Based on Use, to reduce the number of parking spaces, provided for an ice cream/dessert restaurant, by three (3) spaces. Kris Silverthorn is requesting a special exception to reduce the required parking for the proposed Marble Slab Creamery, located at 130 N. Denton Tap Road, from the required 11 spaces to 8 spaces. Based on the Ordinance requirements, a 1,100 square foot restaurant is required to have 11 parking spaces. Greg Jones reported that this is a request for a special exception for a parking reduction for the proposed Marble Slab Creamery, located in the retail strip center at 130 N. Denton Tap. He explained that according to recent parking counts for this retail strip center, only 8 of the required 11 parking spaces, are currently available, for this type of use. He further explained that one of the tenant spaces is occupied by H&R Block, which normally maintains business hours between January and April, adding that the peak season for H&R Block is the off-season for Marble Slab Creamery. He noted, therefore, that the five parking spaces allocated for H&R Block would likely be available during the peak ice cream season. Greg Jones reported that recent random checks of this location revealed 10 to 12 empty parking spaces at any one time. Commissioner Wright asked how this special exception, if granted, would be counted in the future, should a tenant change occur. Greg Jones responded that parking ratios for tenant change-outs are normally based on a like-for-like use. He reported that the special exception would transfer, only if the incoming tenant was classified under the same "use" category as the tenant originally granted the special exception. Commissioner Chomiak asked if there were any additional lease spaces available for occupancy in this retail strip center, and Greg Jones responded that the Marble Slab is the final tenant. He added that he is not aware of any arrangements that the developer may have made for overflow parking, and requirements for landscaping, traffic circulation, and fire lanes were determined when the strip center was designed. The applicant was invited to step forward to present his case. Mark Matise explained that he and Kris Silverthorn are developing this property as a partnership. He commented that Marble Slab Creamery is not the type of business that will generate parking issues, nor does it fit in the "restaurant" classification, as listed in the Zoning Ordinance. He commented that to impose the "restaurant" parking ratio on the Marble Slab "use" is overkill, adding that people actually spend more time in Radio Shack, for example. Mr. Matise reported that he and his partner are very sensitive to parking needs and requirements, as a basis for business decisions. Regarding the hours of operation, Mr. Matise reported that the majority of tenants in this strip center are closed by 8 p.m. He explained that H&R Block's current peak season is the off-season for the frozen dessert business, and vice versa, which would be a benefit to the parking situation at this location. He noted, however, that H&R Block could choose, at any time, to change their business hours, and it would be acceptable. Commissioner Kressmann asked about the approximate peak hours of the day for the Marble Slab, and Mr. Matise replied that they are basically the same as those of restaurant dinner hours. Commissioner Chomiak asked if the stores in this strip center have rear door accessibility, and Mr. Matise replied that all of the stores, with the exception of the Marble Slab suite, have rear entrances that are dual purpose (customer and service entrances), but none are currently used as customer entrances. Meeting was opened to the public. No one spoke in favor of, or in opposition to, the request. Meeting was closed to the public and opened to the Board for discussion. Referring to the provision in the Ordinance, stating, "when the character or use of the building makes unnecessary the full provision of parking... ", Commissioner Stonecipher commented that although some 2 of the parking is located at the rear of the building, and not as easily accessible as the from parking, both are counted equally, with regard to parking requirements. Greg Jones reiterated that when parking plans are considered during the review and approval process by the City, the location of the parking spaces are counted the same, whether they're located in the front or back. Motion was made by Commissioner Kressmann to grant the special exception to reduce the number of required parking spaces from 11 to 8, for the Marble Slab Creamery. Motion was seconded by Commissioner Wright, and a vote was taken. Motion carried, 5 to 0. Special exception granted. Item 4: Public Hearing to consider approval of a variance request from Section 12-29-4-2(B)(ii), regulating the placement of monument signs, to reduce the interior setback for a monument sign. Dr. Tammi Schlichtemeier is requesting a variance to reduce the required interior monument sign setback for the proposed medical clinic, located at 1705 E. Beltline Road, from the required 75-ft. minimum to approximately 17-ft., 5-in. on the west side. Greg Jones reported that this project has gone through the approval process for Planning and Zoning, as well as City Council, adding that a copy of the approved plan is included in the packet. The applicant is now seeking approval by this board, regarding sign placement. He explained that considering the overall size of this lot, one monument sign would be allowed, requiring 75-ft. interior setbacks from each property line, which, in turn, requires a minimum frontage of 150 feet. He reported that because this lot is only 130 feet wide, the applicant would be unable to meet the interior setback on the west side, and is, therefore, requesting a variance to reduce the setback on that side to 17-ft., 5-in. He noted that the applicant intends to meet all other provisions of the sign ordinance. Greg Jones distributed a copy of a letter, in favor of this request, from Blooming Colors Nursery, located adjacent to this property. Commissioner Stonecipher asked for clarification on the neighboring properties, and Greg Jones pointed out the locations of Blooming Colors, Sherrill Veterinary Clinic, and the apartment complex. Commissioner Stonecipher asked about the purpose of the 75-ft. setback, and whether a frontage of 130-ft., as in this case, qualifies for a monument sign. Greg Jones reported that the 75-ft. setbacks are designed to help reduce sign clutter along roadways, adding that although this property does not qualify for a monument sign, the applicant opted to have one, as opposed to attached signage. Chairman LeGros asked if this applicant could pursue other sign possibilities, and Greg Jones responded that if the variance request is denied, the applicant would not be allowed to have a monument sign, but attached signage would still be acceptable. Commissioner Wright asked for clarification on how long the monument signage provisions have been in force and if there are variations in setbacks, depending on the location. Greg Jones responded that the 75-ft. setback has been in effect for at least 10 years. Commissioner Chomiak asked about the front setback, and Greg Jones verified that it was adequate; only the interior setback on the west side is affected by this request. The applicant was invited to step forward to present her case. Dr. Tammi Schlichtemeier, representing Coppell Pediatrics, reported that her property line is 120 feet, not 130 feet, as previously reported. She commented that her situation is similar to the hardship faced by Sherrill Veterinary Clinic, one of her neighboring properties on Beltline, in which the monument sign had to be placed back in the center of the property, due to the location of sewage, water and cable lines. She explained that the Sherrill sign was bermed to improve visibility, but the berm was not approved by the City. She commented that her sign, by Ordinance, must be placed within a parking space and is limited to 4-ft. high. She added that there would be visibility problems whenever high-profile vehicles are parked around the sign, not to mention the decreased visibility when the shrubbery at the front of the property reaches maturity. She added that Dr. Sherrill later found it necessary to add attached signage to his building, after customers reported difficulty in finding his location. Dr. Schlichtemeier explained that signage is an important consideration in maintaining the look of a professional building, and a monument sign would be more appropriate than attached signage. Dr. Schlictemeier clarified the location of her building in relation to the neighboring properties, adding that the proposed location of her sign would not obscure the signage for Dr. Angiers' office or Sherrill Veterinary Clinic. Chairman LeGros asked for approximate distances between those signs, and Dr. Schlichtemeier responded that although she didn't have exact measurements, the distances would be more than adequate. Commissioner Wright asked if the parking could be separated more, and Dr. Schlichtemeier responded that although more separation could be done, there's still the requirement that the sign be set back, thereby limiting the visibility to about 40 feet. She noted that the sign for Coppell Pediatrics would actually be located to the west of their driveway, further complicating the visibility issue. Chairman LeGros asked about the possibility of other types of signage, and Dr. Schlichtemeier explained that other options were explored. It was decided, however, that lighted letters could only be seen from the east, and, the roofline of the building would not be high enough for letters to be placed on the front of the building. She further explained that the City doesn't allow elevated signs or berming, and she must adhere to the requirements for interior and exterior landscaping. Meeting was opened to the public. No one spoke in favor of, or in opposition to, the request. Meeting was closed to the public, and opened to the Board for discussion. Commissioner Stonecipher commented that he felt the hardship, in this situation, is the shape and size of the lot, particularly since the lot does not meet the minimum 150-ft. width. Commissioner Stonecipher commented that he feels it' s important to maintain a certain consistency in the types and sizes of signs especially along a major thoroughfare, such as Beltline Road. Commissioner Wright added that even though the west driveway entrance is not shown on the plan, the location of the sign, in relation to the driveway, is an important factor. Chairman LeGros commented that to maintain a professional look, a monument sign would be more acceptable than a lighted sign for this building. Commissioner Wright added that even if the monument sign is approved, there's nothing to prevent the applicant from later adding attached signage. Greg Jones clarified that the applicant is required to maintain 10 feet of green space on either side of the site. 4 Chairman LeGros asked about the notification process, specifically whether Dr. Angiers had been notified. Greg Jones reported that notification letters are sent to property owners, as listed in the tax records, adding that it may not necessarily be the person who will eventually occupy the building. Motion was made by Commissioner Chomiak to grant the variance, as requested. Motion was seconded by Commissioner Kressmann, and a vote was taken. Motion carried, 5 to 0. Variance request granted. Item 5: Other Business. Greg Jones announced that a meeting of the Building and Standards Commission is scheduled for Thursday, Feb. 6th. Details will be forthcoming. Adjournment. Motion for adjournment was made by Commissioner Kressmann and seconded by Commissioner Wright. A vote was taken, and motion carried, 5 to 0. Meeting adjourned. Mark LeGros, Chairman Mary Beth Spletzer, Recording Secretary