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BM 2004-06-03 BOAMINUTES OF JUNE 3, 2004 BOARD OF ADJUSTMENT The Board of Adjustment of the City of Coppell met on Thursday, June 3, 2004, at 7:30 p.m. in the Council Chambers of Town Hall, 255 Parkway Blvd. In attendance: Mark LeGros, Chairman Rob Chomiak, Commissioner David Terry, Commissioner Steve Wright, Commissioner John Hoppie, Alternate Commissioner Absent: David Stonecipher, Vice Chairman Donald Perschbacher, Alternate Commissioner Ronald Smith, Alternate Commissioner Laura Ketchum, Alternate Commissioner Also present: Greg Jones, Chief Building Official Mary Beth Spletzer, Secretary Applicant present: Mr. James Make, 323 Auburn Way, Coppell Item 1: Call to Order. Meeting was called to order at 7:30 p.m. by Chairman LeGros. Commissioner Hoppie was invited to serve on the board in the absence of Commissioner Stonecipher. Chairman LeGros explained the procedures of the meeting and administered the oath for those wishing to speak for or against the request being heard this evening. Item 2: Approval of minutes of May 6, 2004 meeting. Commissioner Chomiak reported that his name had been left off the attendance list in the draft of May 6th minutes. Commissioner Chomiak made a motion to approve the minutes of the May 6, 2004, meeting, including the revision. Motion was seconded by Commissioner Terry, and a vote was taken. Motion carried, 5 to 0. Minutes approved, with the addition of Commissioner Chomiak's name to the attendance list. Item 3: Public Hearing to consider approval of a variance request from Section 12-32-2.1 of the City of Coppell Zoning Ordinance, for the property located at 323 Auburn Way. Mr. James Make is requesting a 3-ft. variance to the 25-ft. front yard setback, to allow for the construction of an addition on the southeast corner of his existing home, in this SF-9 zoned district. Greg Jones explained that Mr. Make requested this variance to construct an addition to the bedroom/bathroom on the Avalon Lane side of his house. He reported that the length of the variance was not included on the posted agenda, only the 3-ft. width. He further explained that the applicant submitted a drawing, just prior to this evening's meeting, that actually shows the length of the variance at 20 feet, rather than 18 feet, which was Staff' s understanding when the application was submitted. He noted that the variance is needed to provide a more easily accessible first floor bedroom and bathroom for the applicant's elderly parents who now reside on the second floor of the house, due to the fact that the stairway has become more of a problem for them over the years. Greg Jones reported that this is a 20-ft. long by 3-ft. wide variance to the 25-ft. Avalon Lane building setback line. He further explained that 25-ft. building lines exist along both streets of this corner lot, at Avalon Lane and Auburn Way. According to the applicant's request, the maximum variance, at any one point along Avalon Lane, would be 3 feet, and that amount would gradually diminish going toward the west. As background information, Greg Jones reported that the Board heard a fence setback variance request for this address, in May of 2000, in which the applicant requested a 25-ft. variance to the 30-ft. front yard setback. The request was denied by the Board. Greg Jones further commented that he realized the Board sometimes allows relief for lots in which a front yard and side yard are both classified as front yards; he added, however, that such variance approvals have usually been limited in scope to issues such as fences, whereas this one deals with a main structure. Greg Jones reported that although the applicant has not yet provided floor plans of his proposed expansion, he did submit, just this evening, a more detailed site plan and elevation plans. Greg Jones distributed a letter from one of the applicant's neighbors, indicating support of the variance request. Lastly, he indicated that although this is a small variance request, Staff cannot recommend approval, at this point, without floor plans or some type of additional information from the applicant that would provide rationale for the variance request. Chairman LeGros asked for clarification on whether the fence along Avalon Lane follows the building line, and Greg Jones replied that he believed the fence was located behind the building line. Greg Jones distributed a subdivision map showing neighboring lots, as well as photos from the May 2000 variance request, as additional background information. The applicant was invited to step forward to provide his variance request. James Make, 323 Auburn Way, clarified that although his parents/in-laws do not currently live, full- time, in his home, they do come for frequent visits. He indicated that his primary goal is to equip his house in the event that his parents/in-laws should need long-term care in the years to come. He explained that their proposed remodeling plans include conversion of the existing office space into a bedroom with walk-in closet space, as well as the conversion of the current half-bath to a full-bath. He emphasized that the 3-ft. width is needed to provide wheelchair accessibility to the bedroom/bathroom area, should the need arise. Chairman LeGros commented that this situation does not constitute a property hardship, since it does not reduce the reasonable use of the property. Commissioner Wright expressed his concern about the lack of floor plans. Mr. Make responded that they actually received the floor plans from the architect, just yesterday, but he had forgotten to bring them to the meeting. Commissioner Wright asked if there was also work being done on the second floor, and Mr. Make indicated that he is considering 2 converting the small attic area to office space, but it would not result in an increase in square footage, only an outward extension of the front gable. Commissioner Hoppie asked the applicant if he had considered other ideas that would not require a variance, and Mr. Make responded that, functionally, there appeared to be no other options, due to the close proximity of the building line. He noted that although there is no specific property hardship, a personal hardship exists if he and his family should have to sell their house and move. Commissioner Wright commented that this lot is irregularly shaped and the house is positioned at a slight angle on the property, which creates somewhat of a hardship. He added that he felt the applicant made a reasonable effort to minimize the amount of the variance. He further commented on the location of the fence and the impact of the sight line for the neighbors. Commissioner Hoppie asked the applicant if he had any intention of extending the fence forward, along Avalon Lane, up to the new addition. Mr. Make responded that the fence would remain unchanged, since it's primarily used to hide pool equipment, and extending it further to the east would create an encroachment of the bathroom window. Referring back to his variance request of May 2000, Mr. Make indicated that the Board, at that time, agreed to allow him to construct the fence in the middle of the yard, approximately halfway out toward Avalon Lane, but Mr. Make reported that he declined the offer, noting that a compromise would have been useless for his purposes, at that time. Therefore, the variance request was denied. Commissioner Wright asked the applicant if he had discussed this issue with the neighbors directly behind him, and Mr. Make reported that they, as well as other adjacent neighbors, have no problem with this current request. The meeting was opened to the public. No spoke in favor of, or in opposition to, the variance request. The hearing was closed to the public and opened to the Board for discussion. Discussion continued on Mr. Make's proposed extension of the second story gable, which, if the variance is granted, could have an impact on the sight line. Commissioner Hoppie commented that it appears the applicant has made a good attempt at keeping the variance request to a minimum. Commissioner Chomiak indicated that he is struggling with the fact that a property hardship does not exist in this situation, as well as the fact that there are no floor plans to preview. Commissioner Terry commented that although the Board's decisions do not set precedents, he is concerned that they do create expectations for future similar cases. Chairman LeGros re-opened the hearing for additional questions for the applicant. Commissioner Wright commented that he felt the length of the variance should be limited, explaining that it would probably need to be slightly longer than the proposed 20 feet. Mr. Make indicated that he would be willing to accept a limitation on the length of the variance. Motion was made by Commissioner Wright to grant the request to allow a 3-ft. wide variance from the 25-ft. building line along Avalon Lane, for a length not to exceed 22 feet, extending along the south side of the property, from the Auburn Way building line. Motion was seconded by Commissioner Hoppie, and a vote was taken. Motion carried, 4 to 1, with Commissioner Terry voting in opposition. 3 Other Business. Greg Jones announced that one variance request, relating to the Sign Ordinance, had been received for the upcoming July meeting. Adiournment. Meeting adjourned. Mark LeGros, Chairman Mary Beth Spletzer, Recording Secretary