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BM 2004-08-05 BOAMINUTES OF AUGUST $, 2004 BOARD OF ADJUSTMENT The Board of Adjustment of the City of Coppell met on Thursday, August 5, 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 John Hoppie, Alternate Commissioner Donald Perschbacher, Alternate Commissioner Laura Ketchum, Alternate Commissioner Applicants present: Absent: David Stonecipher, Vice Chairman Steve Wright, Commissioner Ronald Smith, Alternate Commissioner Also present: Greg Jones, Chief Building Official Mary Beth Spletzer, Secretary Mr. Luis Martinez, 401 Rolling Hills Circle, Coppell Item 1: Call to Order. Meeting was called to order at 7:30 p.m. by Chairman LeGros. Commissioners Perschbacher and Ketchum were invited to serve on the board, in the absence of Vice Chairman Stonecipher and Commissioner Wright. Item 2: Approval of minutes of July 1, 2004 meeting. Commissioner Chomiak made a motion to approve the minutes of the July 1, 2004, meeting. Motion was seconded by Commissioner Perschbacher, and a vote was taken. Motion carried, 5 to 0. Minutes approved. Chairman LeGros requested to be excused from serving on the board, due to his familiarity with the upcoming case. Commissioner Chomiak made a motion to appoint Commissioner Terry to serve as Acting Chairman for the remainder of the meeting. Motion was seconded by Commissioner Ketchum, and a vote was taken. Motion carried, 5 to 0. Commissioner Hoppie was invited to serve on the board to fill the position vacated by Chairman LeGros. Chairman Terry 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 3: Public Hearing to consider approval of a variance request from Section 12-11-3.1 (C) of the City of Coppell's Zoning Ordinance, for the property located at 401 Rolling Hills Circle, in Coppell. Mr. Luis M. Martinez is requesting an 8-ft. variance to the rear yard setback on the west side of the lot, to allow for the construction of a two-story room addition. Greg Jones explained that the applicant wishes to construct a two-story addition on the west side of his home. To do so, he wishes to have the west side of the property viewed as a sideyard, in which 12 feet would be considered an allowable setback, and the property would then comply with the 10 percent rule for SF-12 districts. Greg Jones explained, however, that because the property is addressed with the front yard on Rolling Hills Circle, the Bethel School side of the property would be viewed as a sideyard, and the side of the property located on the opposite side from Rolling Hills Circle would be considered the rear yard, thereby requiring a 20-ft. setback. He noted that the applicant's request and drawings, as shown in the packet, are based on the 12-ft. setback definition, proposed by the property owner, rather than the 20-ft. setback, as required by the City's Zoning Ordinance. Greg Jones referred to the sketches and elevation drawings included in the packet, noting that additional concrete would be needed to accommodate the proposed garage expansion. He further commented that there does not appear to be a property hardship in this situation, adding that he is not aware if the applicant has considered other expansion possibilities that wouldn't require a variance, particularly at the north end of the house where there appears to be additional space. Commissioner Hoppie asked for clarification on the location of the existing garage and building setbacks. Greg Jones indicated that wherever "proposed addition" appears on the drawing is the location of the existing garage. Greg Jones verified that the building setback line along Bethel School Road is 10 feet, and a 30-ft. building line exists along Rolling Hills Circle. Commissioner Hoppie asked about the possibility of an expansion along the Bethel School side, adding that it would appear that such an expansion would reduce the functionality of the driveway, to the point where a car couldn't even park in the driveway. Greg Jones verified that the Ordinance states that where a driveway is involved, a minimum 20-ft. setback must be maintained to allow for the parking of a vehicle, for safety reasons. Chairman Terry asked how the Ordinance defines "front" and "rear". Greg Jones responded that, as it relates to this situation, the front yard would be interpreted to be along the Rolling Hills side, and the rear yard would be the opposite of the front. Commissioner Hoppie asked about the property located just beyond the easement directly to the west of this property, and Greg Jones indicated that there is another residence just beyond the easement. The applicant was invited to step forward to present his case. Mr. Luis Martinez reported that he has lived in Coppell since 1983, first in the Braewood subdivision, and in the current house on Rolling Hills, since 1999. He indicated that they need more space and would like to expand their existing house, rather than move to a different house. Referring to a floor plan of the house, Mr. Martinez explained that the proposed addition would consist of a study, game room, craft room, and garage expansion. He provided a photo of his existing house, from the Rolling Hills view, as well as an artist's rendering, from that same viewpoint, showing the proposed addition. Mr. Martinez commented that a design was chosen that would mesh with the rest of the neighborhood. Mr. Martinez reported, also, that a pool was just recently permitted, and would be located just off the patio. Mr. Martinez distributed a letter, signed by each of his four immediate neighbors, with each one indicating their support of his proposal. He noted that the neighbor who lives across the backyard, and would be most impacted by this addition, was in agreement. Commissioner Hoppie asked the applicant if he intended to use brick or siding on the new addition, and Mr. Martinez indicated that the new section would fully comply with the brick requirement, as stated in the Ordinance. Mr. Martinez also reported that he did not believe that any of the windows in the second floor addition would directly overlook the neighboring homes on Greenridge Drive. Commissioner Perschbacher asked for verification of the square footage of the house, as well as of the addition. Mr. Martinez responded that the existing house is 2,600, and the addition will be another 1,200 square feet. Commissioner Chomiak asked if any alternative plans had been considered prior to choosing this final design, and Mr. Martinez reported that others were considered. He explained, for example, that it would be awkward to do an add-on along the bedroom side of the house, since there would be no logical access through the bedrooms. Also, he reported that there were issues involving the location of the stairwell, as well as the possible relocation of the water heater. Commissioner Perschbacher asked the applicant if he had considered constructing the addition without the craft room, since the craft room is the portion of the new addition that appears to create the need for the variance request, adding that there could still be stairway access and a game room. Mr. Martinez commented that they considered that option, but, because they were going through this remodeling process, anyway, they also wanted to be able to expand to a three-car garage. The meeting was opened to the public. No one spoke in favor of, or in opposition to, the variance request. Commissioner Ketchum asked if the home located behind this property was a two-story home, and Mr. Martinez reported that it was not. The meeting was closed to the public and opened to the board for discussion. Commissioner Hoppie commented that he understands why the applicant would view the Bethel School side, functionally, as a typical rear setback, due to the location of traffic lanes and the garage. He indicated, also, that he feels the portion to the west is more typical of a sideyard. Considering these conditions, he indicated that he feels this variance request meets the spirit of the Ordinance. Commissioner Perschbacher commented that he sees a different approach, adding that he felt the hardship, outlined by the applicant, is self-imposed. He added that there are other options to be considered that would give the applicant the additional space he needs, but without the need for a variance. Commissioner Chomiak agreed that although the proposed addition is well designed, there doesn't appear to be a hardship. Commissioner Hoppie responded that most houses are "rear alley, front entry", and this house doesn't fit the typical situation. He further commented that the difficulty is created when the standard Ordinance interpretation is applied to this slightly different situation. Commissioner Ketchum asked for clarification of Commissioner Hoppie' s definition of rear yard. Chairman Terry commented that in many corner lot situations, depending on zoning, both streets on a corner are burdened with two front yard setbacks. He noted that in this zoning district, however, that rule hasn't been applied. Commissioner Chomiak asked to re-review the criteria that the Board should consider in a case such as this. Commissioner Hoppie emphasized that although this case may not fit the letter of the Ordinance, it does fit the spirit of the Ordinance. Commissioner Perschbacher commented that although functionality is a reasonable consideration and merits discussion, the conditions of this lot are not unique and actually are applicable to most corner lots. He reiterated that this particular problem is self-imposed, and the property owner has other alternatives from which to choose to gain additional space. Motion was made by Commissioner Hoppie to grant an 8-ft. variance to the 20-ft. rear property line. Motion was seconded by Commissioner Ketchum, and a vote was taken. Motion was defeated, 4 to 1, with Commissioners Terry, Chomiak, Perschbacher, and Ketchum voting in opposition. Variance request denied. Other Business. Greg Jones reminded the group of the upcoming Board/Commission interviews for those reapplying for Board of Adjustment. Adiournment. Motion for adjournment was made by Commissioner Chomiak, and seconded by Commissioner Perschbacher. Motion carried, 5 to 0. David Terry, Acting Chairman Mary Beth Spletzer, Recording Secretary