BM 2004-10-07 BOAMINUTES OF OCTOBER 7, 2004
BOARD OF ADJUSTMENT
The Board of Adjustment of the City of Coppell met on Thursday, October 7, 2004, at 7:30 p.m. in the
Council Chambers of Town Hall, 255 Parkway Blvd.
In attendance:
Mark LeGros, Chairman
David Stonecipher, Vice Chairman
Rob Chomiak, Commissioner
David Terry, Commissioner
John Hoppie, Alternate Commissioner
Donald Perschbacher, Alternate Commissioner
Jon Holzheimer, Alternate Commissioner
Absent:
Steve Wright, Commissioner
Laura Ketchum, Alternate Commissioner
Also present:
Greg Jones, Chief Building Official
Mary Beth Spletzer, Secretary
Applicants present:
Mr. Luis Martinez, 401 Rolling Hills Circle, Coppell
Mr. Terry Holmes, St. Andrews Land Co., LLC, Carrollton
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 Wright.
Item 2: Swearing-in Ceremony.
Chairman LeGros conducted the Swearing-in Ceremony for Commissioners Stonecipher and Chomiak.
Item 3: Election of Chairman and Vice Chairman.
Commissioner Stonecipher nominated Commissioner LeGros for the position of Vice Chairman, and
Commissioner LeGros nominated Commissioner Stonecipher for the position of Chairman. Motion was
seconded by Commissioner Hoppie, and a vote was taken. Motion carried, 5 to 0.
Meeting was turned over to Chairman Stonecipher.
Item 4: Approval of minutes of August 5, 2004 meeting.
Commissioner Terry made a motion to approve the minutes of the August 5, 2004, meeting. Motion was
seconded by Commissioner Hoppie, and a vote was taken. Motion carried, 5 to 0. Minutes approved.
Chairman Stonecipher explained the meeting format and procedures.
The oath was administered for those wishing to speak at the public hearing.
Chairman Stonecipher and Vice Chairman LeGros asked to be excused from serving on the board for the
case involving 401 Rolling Hills Circle, due to conflict of interest. Commissioners Perschbacher and
Holzheimer were invited to serve on board. Commissioner Terry was designated to serve as Acting
Chairman.
Item 5:
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 required 20-ft. rear
yard setback on the west side of the lot, to allow for the construction of a third car garage.
Greg Jones reported that this request was first heard by the board in August, when Mr. Martinez proposed
the construction of a two-story addition, as well as a third car garage to his existing house. The request
was denied, in August, and the board felt the applicant could minimize the effect of the variance by
reducing the height of the addition and moving the study/craft room back to the 20-ft. setback line.
Greg Jones indicated that, following the August hearing, he briefly spoke with Mr. Martinez about the
commissioners' comments, and Mr. Martinez reconsidered the scope of the project. Greg Jones noted that
Staff wrote this current request as an 8-ft. variance to the 20-ft. rear yard setback, although Mr. Martinez
indicated, in his application, that it would be a 5-ft. variance. Greg Jones explained that this current
variance request applies only to the proposed construction of the third car garage extension, adding that
the plans for the second floor addition have been revised in such a way as to meet the requirements of the
Zoning Ordinance.
Greg Jones commented that although there still does not appear to be a property hardship at this location,
the impact of the variance has been lessened by the removal of the second floor addition.
Commissioner Chomiak asked for clarification on whether this is a 5-ft. or 8-ft. variance request. Greg
Jones responded that it was posted as an 8-ft. variance, due to the fact that the applicant used the same site
plan as was included in the last request. But, in subsequent discussions with Mr. Martinez, he is
requesting a lesser variance of 5 feet. Greg Jones added that the board has the power to reduce, but not
increase, the amount of the variance, than that which is listed on the agenda.
The applicant was invited to step forward to present his case.
Mr. Luis Martinez explained that the confusion between the 5-ft. and 8-ft. variance requests resulted from
the fact that the original house plans were based on a plat that showed only utility easements, and not
setback lines. He clarified that the actual request is a 5-ft. variance to the 20-ft. rear yard setback, rather
than an 8-ft. variance.
Mr. Martinez referred to the elevation drawings showing the addition to the house. He commented that
with the proposed addition, the total floor space would increase to approximately 3,900 sq. ft. Mr.
Martinez commented that the house would be considered non-standard if it didn't have a three-car garage,
and would impose a hardship for him, for resale purposes. He further noted that his neighbors favor the
proposed addition, as indicated by the letter enclosed in the packet.
Mr. Martinez pointed out the wall that was relocated, for the purpose of minimizing the variance request.
Commissioner Perschbacher asked that if the variance was granted, would there be anything that prohibits
Mr. Martinez from changing the design of the house and building something different that's within the
approved variance. Greg Jones responded that the variance could be granted with the stipulation that it is
for the purpose of constructing a third car garage.
Commissioner Perschbacher asked for clarification on whether the total square footage, including the
improvements, would be 3,900 or 3,500 square feet. Mr. Martinez responded that the original submittal
shows 3,500 square feet, due to the fact that one of the proposed new rooms was simply moved within the
existing house, allowing the variance request to be reduced enough to involve only the garage extension.
Commissioner Perschbacher asked Mr. Martinez for clarification on how his property is different from
those around him, as it relates to having two rear yard setbacks. Mr. Martinez agreed that his house is not
the only one that faces this hardship, adding, however, that most houses are not located on corners.
Referring to the signed letter from the neighbors, Commissioner Holzheimer asked where those four
neighbors live, in relation to Mr. Martinez' house, and Mr. Martinez provided an explanation.
The meeting was opened to the public.
Speaking in favor of the variance request was Walter Swanson, of 407 Rolling Hills Circle, located
directly north of the Martinez house. He indicated that he had no objection to the variance request.
Commissioner Hoppie asked Mr. Swanson if he, also, had a 20-ft. rear yard setback on his property, and
Mr. Swanson indicated he did.
Kevin Woller, 402 Rolling Hills Circle, commented that he has no objection to the variance request.
Joel Lason, 501 Rolling Hills Road, located to the south of the Martinez' property, also indicated his
approval of the request, adding that he believed the proposed addition would be an improvement to the
neighborhood.
No one spoke in opposition to the variance request.
Public hearing was closed to the public and opened to the board for discussion.
Commissioner Hoppie reiterated his comments as presented at the August 5th meeting, stating that the
backyard setback, in this situation, is functionally a sideyard setback, and meets the spirit of the
Ordinance. He noted, also, that Mr. Martinez has attempted to address some of the concerns that were
raised at the last meeting, including the revisions to move the second story back so that it falls within the
zoning requirements.
Commissioner Terry asked for any comments relating to property hardship versus self-imposed situations,
asking whether this request is different from the previous request. Commissioner Hoppie commented that
he felt the hardship is actually the Ordinance, since the Ordinance wasn't actually written for most corner
lot situations.
Commissioner Perschbacher commented that he struggles to identify a property hardship in this situation,
based on the strict guidelines to which the Board must follow. He commented, however, that Mr.
Martinez has gone to great lengths to satisfy this Board's requirements, and this request would not be
contrary to public interest.
Motion was made by Commissioner Hoppie, and seconded by Commissioner Chomiak, that the request
be granted to allow an 8-ft. variance to the 20-ft. rear setback line on the west side of the lot, to allow for
the construction of a single-story third car garage. Motion did not pass, 3 to 2, with Commissioners
Perschbacher, Terry, and Holzheimer voting in opposition. Variance request denied.
Commissioners Stonecipher and LeGros returned to serve on the board, replacing Commissioners Hoppie
and Holzheimer.
Item 6:
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 718 Inglenook Court (Lot
13, Block A of St. Andrews Estates subdivision) in Coppell. Mr. Terry Holmes, Manager
of St. Andrews Land Co., Inc., is requesting a 10-ft. variance to the required 20-ft. rear
yard setback on the east side of the lot, to accommodate house design.
Greg Jones indicated that the applicant, Terry Holmes, is the builder and as well as the developer, for St.
Andrews Estates subdivision. He added that when this subdivision came through the approval process for
DRC, Planning & Zoning, and City Council, it was developed as SF-12 straight zoning, even though the
developer had the option to choose PD zoning, in which he could have had more flexibility in developing
each lot, but, he chose not to do so. Therefore, City Council could not accept a lesser setback at the rear
property line.
In this particular situation, Greg Jones explained that the applicant wishes to reduce the rear yard setback
from 20 feet to 10 feet, to accommodate the garage design. He noted that this lot backs up to a fairly large
lot that has a long panhandle drive. He noted that the applicant feels this variance should be allowed
because of the hardship created by the five-sided unusual shape of the lot, in which two sides are required
to have 20-ft. rear yard setbacks, and due to the fact that even if the variance is granted, a generous
setback from all adjacent homes would still exist. Greg Jones further explained that the 40-ft. front yard
setback is a requirement of the SF-12 zoning regarding minimum lot width.
Regarding the suitability of the request, Greg Jones commented that lots such this one are classified as
premium because of the generous setbacks. He added that although all of the homes that back up to this
long fire lane easement would share the same condition, the issue tonight is limited to just this one
individual lot.
Commissioner Terry asked for clarification on the location of the fire lane and the platted access setback,
to which Greg Jones referred. Greg Jones explained that the access road and fire lane are one and the
same, extending northward from DeForest Road, along the east side of St. Andrews Estates. He noted
that all of the lots along the east side of Inglenook Court will be similarly impacted by the 20-ft. setback
requirement. In addition, he added that all of these lots are front access, rather than alley access.
The applicant was invited to come forward to present his case.
Terry Holmes, of St. Andrews Land Co., distributed a more detailed layout of the lot, showing the
driveway off the front of the property along Inglenook Court. He explained also that there's a 20-ft.
meandering asphalt driveway that connects to the four-acre Spears residence located behind St. Andrews
Estates. He indicated that the lot in question, tonight, is the only lot in this subdivision that has an
irregular shape, as well as the requirement of two 20-ft. rear yard setbacks. In addition, Mr. Holmes
explained that although the lot is 20,000 s.f., there are also limitations involved with attempting to save an
Ash tree and a Post Oak tree.
Mr. Holmes indicated that he did not expect this request to set a precedent, adding that the conditions of
this lot are different than those of the 12 remaining lots along the east side of Inglenook Court. He further
explained that when the property was platted, he did not yet have this client and was not working with a
specific plan for this lot.
Commissioner Chomiak asked if a variance to the from yard setback had been considered, and Mr.
Holmes indicated that they had not.
The meeting was opened to the public, for those wishing to speak either for or against the variance
request.
Carl Clause, of 118 Bristol Court, indicated that he is the prospective owner of this house. He
commented that in addition to saving as many trees as possible, his goal was to design the house to create
a two-room adjoining living area on the first floor for a live-in parent. He noted that they looked at other
lots in that area, but nothing else provided the lot width that they needed for their preferred house design.
Commissioner Stonecipher asked the applicant if other floor plan designs had been considered, and Mr.
Clause replied that this was actually the third design they considered, in an attempt to get two adjoining
rooms. Commissioner Stonecipher asked if the house design could be flipped to better utilize the longer
length of the lot on the other side. Mr. Holmes indicated that he could experiment with that possibility.
Speaking in opposition to the variance request was Andrew Spear of 749 DeForest. Mr. Spear explained
that he owns the property that abuts to this lot on the north and east sides. He explained that the "fire
lane", as referred to earlier, is actually his half-mile-long driveway. He explained that when he purchased
this property, he assumed that the existing building lines would be maintained, adding that if changes are
made, it would change the look of the driveway and would present a hardship for him. Mr. Spear further
commented that he felt a critical precedent would be set if a variance was allowed for this one lot, but not
the others that are still undeveloped, but have similar conditions. In addition, Mr. Spear noted that by
bringing the house backward, the trees that the developer wishes to save would actually be more in
jeopardy, adding that he knows, from experience, that trees located near construction, do not survive.
Mr. Spear also commented that by granting a variance to the front yard setback, instead of the rear yard
setback, there would be no impact on his driveway, and it would actually result in saving more trees.
Charlie Brown, of 735 Northshore Court, indicated that while he does not have a direct concern with this
variance request, since he lives in the Peninsulas subdivision, he and his neighbors are concerned that if
one variance is granted, it may set a precedent, resulting in increased pressure to build huge houses on
these lots. Mr. Brown indicated that while he and his neighbors are not opposed to nice large homes,
their primary concern is that the adjoining creek bed may erode further if setbacks are reduced and more
vegetation is removed around Denton Creek.
Following up on an earlier question, Terry Holmes came forward to comment that perhaps the house
design could be flipped and revised to meet the homeowner's needs, adding that he would need to explore
this possibility further.
The meeting was closed to the public and opened to the board for discussion.
Commissioner Terry indicated that he felt this was a large lot and there are still some options that could
be explored. Commissioners Hoppie and Stonecipher commented that although this lot is an unusual
shape, it lends itself to various development opportunities. Commissioners Stonecipher and Hoppie both
indicated that although granting a variance does not set a precedent, it could become an issue in the future,
as the remaining lots are sold and developed.
Motion was made by Commissioner LeGros to grant the variance to allow a 10-ft. variance to the 20-ft.
rear yard setback on the east side of the lot. Motion was seconded by Commissioner Terry, and a vote
was taken. Motion did not pass, 5 to 0, with all commissioners voting in opposition to the request.
Variance request denied.
Other Business.
New board member: Greg Jones introduced newly appointed commissioner, Jon Holzheimer.
Training session: Possible dates were considered for the annual training session with City Attorney David
Dodd. Greg Jones will check further on scheduling this session, and board members will be contacted by
e-mail.
Adiournment.
Meeting adjourned.
David Stonecipher, Chairman
Mary Beth Spletzer, Recording Secretary