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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