Loading...
BM 2006-04-06 BOA MINUTES OF APRIL 6, 2006 BOARD OF ADJUSTMENT nd The Board of Adjustment of the City of Coppell met on Thursday, April 6, 2006, at 7:30 p.m. in the 2 Floor Conference Room of Town Hall, 255 Parkway Blvd. In attendance:Absent: David Stonecipher, ChairmanJudy Malone, Alternate Commissioner Mark LeGros, Vice Chairman Rob Chomiak, CommissionerAlso present: John Hoppie, CommissionerGreg Jones, Chief Building Official Donald Perschbacher, CommissionerMary Beth Spletzer, Secretary Laura Ketchum, Alternate Commissioner Jon Holzheimer, Alternate CommissionerApplicants present: Lawrence Swicegood, Alternate CommissionerPaul and Leigh Pang, 533 Christi Lane Item 1: Call to Order. Meeting was called to order at 7:30 p.m. by Chairman Stonecipher. Item 2:Approval of minutes of January 5, 2006, meeting. Motion was made by Commissioner Perschbacher and seconded by Commissioner LeGros to approve the minutes of the January 5, 2006, meeting. A vote was taken, and the minutes were approved, 5 to 0. The oath was administered by Chairman Stonecipher for those wishing to speak at the public hearing. Item 3: Public Hearing to consider approval of a variance request from Section 9-2-6(D) of the 533 Christi Lane City’s Code of Ordinances for the property located at , to allow for the construction of a fence to be located on the east side of the property and beyond the 50-ft. building line. Paul and Leigh Pang are requesting the variance to allow for the continuation of this partially constructed fence, for which a permit has not yet been issued. Greg Jones referred to the survey submitted by the applicant, noting that there are 50-ft. setbacks along both the Moore Road side and the Christi Lane side. He added that a City inspector had noticed construction of a new fence at this location, and realized that a permit had not been issued, which prompted him to ask the homeowners to stop work until a permit could be applied for and issued. It was then realized that a fence, in that location, could not be approved. He further reported that the Pang family had just recently purchased this house and have done considerable clean-up of the heavy undergrowth and overgrown shrubbery, which the previous homeowners apparently used to screen their property. He added that the Pangs want this fence, on the Moore Road side, to provide security for their kids when playing basketball. 1 Greg Jones noted that, from Staff’s point of view, the permit could not be approved, because this lot is viewed as having two front yards. He noted that when coming down Christi Lane approaching Moore Road, the fence being constructed there does somewhat obstruct the view, looking southward on Moore Road. He commented that Moore Road is a heavily traveled road, and although the speed limit is posted at 30 mph, cars actually travel at a higher rate of speed. Greg Jones distributed copies of the City’s Streetscape Plan, which shows Moore Road as a secondary image zone, and is designated as one of the major thoroughfares in the City. He added that larger setbacks and open areas distinguish a secondary image zone. He noted that visibility is his main concern, having worked with several residents along Moore Road. In this particular case, he reported that the fence was already under construction when the City became aware of it, so City inspectors really didn’t have an opportunity to advise the Pang family where they could build the fence. He further explained that although there were likely to have been visibility problems when the shrubbery and overgrowth were present, at least the homeowner could have been asked to trim it back, whereas with a fence, that would not be possible. In addition, Greg Jones noted that in this case, the bad side of the fence (the side with the rails and runners) is facing outward, whereas usually, the bad side of the fence faces inward. He noted that this is also an important factor in a secondary image zone. Greg Jones distributed copies of a letter received from a neighbor living at 524 Christi Lane, in favor of the variance request. He also referred to the petition, enclosed in the packet, signed by neighbors in support of the request. Commissioner Hoppie asked for clarification on the location of the fence, and Greg Jones pointed out where the older existing fence is located, as well as where the newer fence in question is located. Commissioner Hoppie also pointed out that there appears to be a huge setback on this property whereas other nearby properties do not have the same setback. Greg Jones responded that although a 30-ft. setback is more common on newly platted lots these days, the 50-ft. setback was the general rule at the time the Carter Estates subdivision was developed. Commissioner Perschbacher asked if the fence the applicants desire is located east of the existing wood fence, as shown on the plan, and if it would encroach on the Christi Lane side. Greg Jones clarified that the fence in question is on the outside of the driveway, past Moore Road, adding that it would not encroach on the Christi Lane side. The applicant was invited to come forward to present her case. Leigh Pang, of 533 Christi Lane, distributed copies of a letter from a neighbor, Paul Matthews, in favor of the variance request. Ms. Pang also displayed “before” pictures, showing the thick vegetation consisting of bamboo, briar, and sumac, adding that people had to walk into Moore Road to avoid the overgrowth that covered the sidewalk. She explained that it took three men working for four days to remove the overgrown vegetation, and it still isn’t completely finished. Ms. Pang showed the “after” pictures, emphasizing that the fence does not prevent you from seeing the north- and southbound traffic on Moore Road. Ms. Pang explained that the reason they acted with such haste when they erected the new fence was because they realized they needed it for the safety of their children when playing sports in the yard. She further explained that when the overgrowth was removed, they realized also that their buffer had been removed and the traffic noise from Moore Road was much more noticeable. 2 Ms. Pang commented that as she drives up and down Moore Road, it’s evident that everyone has a fence, and she does not feel that their fence stands out as being unusual. She reported that they did not get a permit, simply because they didn’t think about it at the time, in their haste to provide a safety barrier along a busy street for their children. Ms. Pang further reported that she later found the records showing that the old existing fence, to which Mr. Jones referred, was permitted in 1994. She also indicated that when all of the undergrowth is finally removed, she and her husband have designed a landscaping plan for the type of plantings that will eventually accent the fenceline. She noted that the fence would provide a clean visual line along the sidewalk. Chairman Stonecipher asked how far the fence is located off the sidewalk, and Ms. Pang responded that it is 15 feet from the sidewalk to the fence. Chairman Stonecipher clarified the Board’s powers, asking the applicant to point out the property hardship that differentiates this property from other surrounding properties. Specifically, he asked Ms. Pang if the fence would be located any further forward than the big tree, and Ms. Pang agreed that the fence would stop where the big tree is now. In addition, Ms. Pang pointed out that the hardship that makes this property different than other properties is that it’s the only one in which the garage faces Moore Road, but access to it is from Christi Lane. Referring to the petition of signatures, Commissioner Perschbacher asked about the residents across the street that had not signed. Ms. Pang indicated that they were present at this evening’s meeting. In addition, Commissioner Perschbacher asked if the applicant had considered any type of shrubbery to create the same type of barrier, as opposed to a fence. Paul Pang responded, indicating that he hired a contractor for advice on landscaping versus fencing, and the contractor told him that it would be several years before anything could be planted in that particular area, until the last remnants of poison ivy and poison oak had completely died out. The meeting was opened to the public. Those wishing to speak in favor of the request were invited to step forward. John Summers, of 604 Christi Lane, commented that he lives directly across the street from the Pangs and has the best view of the fence. He added that he likes the new fence, adding that the previous overgrown vegetation looked horrible, nasty, and was growing all over the sidewalk. But, he said he could look straight into the Pangs’ garage, so if it were him, he would also want to put up a fence and have some privacy. Jan Summers, of 604 Christi Lane, commented that when this fence went up, she had to run across the street and tell the Pang family how good it looked. She added that when stopping at that stop sign, the visibility is actually much improved, looking south, than when the overgrown vegetation was there. Greg Faris, of Green Hills Landscaping, explained that he is the contractor hired to do the clean up, adding that it was extremely thick. Referring to the landscape design, he noted that it includes wax myrtle and evergreen to help soften the look of the fence and give a “woodsy” look. He noted, however, that it would still take time to rid the area of the thistle, vines, and bamboo. Paul Matthews, of 525 Christi Lane, commented that this lot has never looked better, adding that the visibility and safety issues have been addressed, and the sidewalk in front of this lot is once again usable. He commented that the removal of the overgrown vegetation and the addition of the fence add beauty, safety, and protection to everyone in the neighborhood. 3 Those wishing to speak in opposition of the variance request were invited to step forward. Scott Aiken, of 605 Swan, commented that he lives in the neighborhood, but not in the immediate vicinity. He commented that he is actually neutral on the case, but expressed his appreciation to the Pangs for their efforts in removing the overgrown vegetation, adding that it was a well-known eyesore in the neighborhood. He commented, however, that while the fence is clean looking, and they do need some sort of barrier, he would prefer to see a natural type of barrier. In addition, he commented that although the fence provides a clean look, it appears to be much taller than the other fences in the area, and for that reason, a natural barrier might be better suited. The meeting was closed to the public and opened to the Board for discussion. Chairman Stonecipher asked about the distance of the fence from the property line, and Greg Jones responded that he did not measure it, but the Pangs indicated that it was 14 to 15 feet from the sidewalk. Chairman Stonecipher commented that if a motion is made, it should be specifically tied to the property line. Commissioner Hoppie asked about the height of the fence, and Greg Jones added that the 8-ft. height is an acceptable height. Commissioner Hoppie commented that the Pangs should be commended for their good communication with their neighbors. Secondly, he commented that they vastly improved their situation with regard to health, safety, and cleanliness, and they built the fence along a natural break. He noted that only about four houses along Moore Road have the 50-ft. setback in the entire area, and everything else is significantly less. He commented, also, that the visibility into the garage could be viewed as a hardship. Commissioner Perschbacher agreed that the Pangs should be commended for getting input from their neighbors on this issue. But, he added that there appears to be no true property hardship associated with this request. Being on the corner of a busy intersection is a fact that is known when the property is purchased, and the fact that the garage faces to the east is a feature of the way the house was designed. Commissioner Perschbacher commented that the fact that this area is classified as a “secondary City image zone” is noteworthy. He commented, also, that the visibility and sidewalk clearance issues could have been resolved by asking the previous homeowner to trim and clean up the growth, and a fence wouldn’t be needed. He emphasized that nothing he heard relates to a property hardship. Chairman Stonecipher commented that he felt that the garage opening onto Moore Road makes this property different from the others around it, considering that the home was probably built during the years before the traffic became so heavy on Moore Road. He added that he feels it needs something to screen it, adding that this property is an example of what can happen when an attempt is made to use large vegetation as a barrier. Chairman Stonecipher commented that he views this “barrier” more as a screening wall than a fence that closes in a yard. Commissioner Hoppie commented that the Pangs have already contributed toward improving this secondary image zone, adding that a landscape barrier by itself in that location will not work. Commissioner LeGros commented that the fence, as opposed to only landscaping, would help reduce the problem with snakes and rats. He noted that he really does not have a problem with granting this variance because it seems to be in line with the more current subdivision platting, which allows for smaller 4 setbacks. He suggested that a variance could perhaps be granted to allow the “existing” to be granted, without referring to any exact measurements. Commissioner Chomiak commented that the hardship to him appeared to be the development around Moore Road, adding that when these properties were developed and the setbacks were established, the traffic on Moore Road would have been substantially less. Motion was made by Commissioner LeGros to grant the variance to allow the continuation of the fence construction in its current location. Commissioner Hoppie amended the motion to stipulate that the fence cannot extend beyond the edge of the concrete pad at the rear of the driveway and the existing Elm tree on the north. Motion was seconded by Commissioner Chomiak, and a vote was taken. Motion passed, 5 to 0. Variance granted. Other Business . Adjournment. Meeting adjourned. _________________________________ David Stonecipher, Chairman _________________________________ Mary Beth Spletzer, Recording Secretary 5 6