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BM 2006-08-03 BOA MINUTES OF AUGUST 3, 2006 BOARD OF ADJUSTMENT The Board of Adjustment of the City of Coppell met on Thursday, August 3, 2006, at 7:30 p.m. in the Council Chambers Conference Room of Town Hall, 255 Parkway Blvd. In attendance:Absent: David Stonecipher, ChairmanDonald Perschbacher, Commissioner Mark LeGros, Vice ChairmanLawrence Swicegood, Alternate Commissioner John Hoppie, CommissionerJudy Malone, Alternate Commissioner Robert Chomiak, Commissioner Jon Holzheimer, Alternate CommissionerAlso present: Laura Ketchum, Alternate CommissionerGreg Jones, Chief Building Official Mary Beth Spletzer, Secretary Applicant present: Roger (Joe) Pipes, 1909 Woodall Rodgers Freeway, Dallas Item 1: Call to Order. Meeting was called to order at 7:30 p.m. by Chairman Stonecipher. Commissioner Holzheimer was invited to serve on the board in the absence of Commissioner Perschbacher. Item 2:Approval of minutes of May 4, 2006, meeting. Motion was made by Commissioner LeGros and seconded by Commissioner Hoppie to approve the minutes of the May 4, 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. Chairman Stonecipher asked whether the two agenda items should be considered separately or jointly, since they are closely related, and Greg Jones responded that each lot requires separate variances, even though they have been historically known by one address. It was decided that all five variance requests for Item 3 would be combined and considered together, unless it got too confusing. Item 4 would be handled the same way. Item 3: Public Hearing to consider approval of variance requests from the City’s Zoning 250 S. Denton Tap Ordinance, as follows, for Vintage Car Wash, located at Road : 1) Section 12-23-3-1(B): A 19.25 ft. variance to the 30-ft. sideyard setback on the north side due to the close proximity of the existing oil lube facility. 2)Section 12-34-8(C): Variance to allow the perimeter landscaping to be varied as follows: a.North perimeter: Allow an existing 6-ft. tall brick wall and a 5-ft. wide Lone Star Gas easement to serve as the required buffer along a 200 linear foot length of the required buffer. The 7 required trees will be planted in the triangular landscape area at the western end of the north perimeter. b.South perimeter adjacent to the newly created Lot 1R2 Blk A (Oil Lube facility): Waive the required perimeter buffer. Of the required 4 trees, 2 (1 new and 1 existing) will be in an island in front of the building and 2 new trees will be planted in the south perimeter buffer at the southeast corner of the site. The required screening is also requested to be waived. c.West perimeter adjacent to the newly created Lot 1R2 Blk A (Oil Lube facility): Waive the required perimeter buffer. The required 2 trees will be planted along Denton Tap Road. 3)Section 12-34-8(B): Variance to waive the required 2 parking lot landscape islands at either end of the row of parking along the east property line. The required trees are provided on this lot. 4)Section 12-34-8(B): Variance to allow substitution as follows: The total required landscape area is 7,476 square feet short of what is required. The applicant requests that in lieu of this 7,476 square feet, additional plantings of Asian Jasmine groundcover be provided as shown on the plan. The required trees are provided at various locations on this lot. 5)Section 12-34-8(B): Variance to waive the required parking lot landscape islands on either side of the newly created accessible parking space at the front (west) side of the building. The required trees are provided on this lot. Referring to the pictures on display, Greg Jones announced that this first agenda item is for Vintage Car Wash, located at 250 S. Denton Tap Road. He explained that the owner is interested in selling off the adjoining oil lube facility, while keeping the car wash. In order to do so, a property line would need to be drawn between the two existing structures, and the property would be replatted. He reported that the applicant received approval of the DRC, Planning and Zoning Commission, and City Council. By drawing the new property line, each parcel must now individually meet the requirements of the Zoning Ordinance, with regard to setbacks, landscaping, and separation. He further explained that the Planning and Zoning Commission and City Council were unable to approve much more than the legal concept. Beyond that, the applicant needed the approval of Board of Adjustment for the specific variances, as outlined this evening. Greg Jones commented that these variances will be somewhat invisible, and generally, this lot will still function as one lot, even after it’s divided. The proposed landscaping, consisting of an additional 46 trees on both lots combined, will enhance the perimeter of the parcels, as well as the drive-up appeal. He reported that Staff supports this five-part variance request, adding that the oil lube facility is currently boarded up, and the City’s goal is to get it occupied, once again, so that it can become a viable retail structure. Chairman Stonecipher asked if this lot complied with Ordinance requirements when the structures were first built, and Greg Jones responded that it did comply in 1993 when new construction took place, and the oil lube facility, at that time, was a “Q-Lube”. Commissioner Hoppie asked if the two lots would meet parking requirements after the property line is drawn, and Greg Jones replied that apparently parking was not an issue, or it was resolved during discussions with the Planning and Zoning Commission. Referring to variance request #1, Chairman Stonecipher commented that it should be a variance to the sideyard setback on the south side, rather than the north side, as listed on the agenda. It was noted that this should be mentioned in the motion, if one is made. Chairman Stonecipher commented that he wondered how the City could be guaranteed that the 46 trees would actually be planted. The applicant was invited to step forward to present his case. Roger Pipes explained that the hardship in this case stems from the fact that these two buildings already exist, and it’s impossible to move them to conform to current setback requirements. In particular, he noted that there’s a driveway that runs between the two buildings and there’s no way to get the required 30 feet on each side. He explained that the same is true of the landscaping requirements. Because of the location of the existing buildings, as well as ingress and egress issues, landscaping options are limited, thus resulting in the need for variances. Mr. Pipes explained that they’re meeting their landscape requirement by planting 46 new trees elsewhere on the property. He added that, as part of the replatting process, a landscape plan was submitted to the City showing the location of each of the new trees, and it serves as a mandate to him to conform to that plan. Mr. Pipes indicated that they have a tentative contract with a buyer who has been very successful in the oil lube business, and he has a desire to purchase this facility for its continued intended use. Chairman Stonecipher asked if anything would be done to visually separate the two parcels when the property line is drawn, and Mr. Pipes replied that there would be no visual separation or barrier between the two lots. Commissioner Holzheimer asked if the proposed improvements would include landscape irrigation. Mr. Pipes responded that the landscaping plan requires that new landscaping be irrigated, and they would do that. He noted that they had a problem on their site, last year, due to a water line being cut at the construction site across the street, resulting in a loss of trees on their property. Greg Jones added that the City’s Code Enforcement Officer has been working with property owners to resolve this issue. Commissioner LeGros asked if leasing the oil lube facility would be an option, and Mr. Pipes responded that leasing is an option, but it’s not the preferred method in this case. He noted that the buyer would like more flexibility in making changes to the property, so he wishes to buy it. Commissioner Hoppie asked if the irrigation systems would be separate, and Mr. Pipes responded that they’re basically beginning from scratch in constructing the irrigation systems, and they will be operated separately. The meeting was opened to the public. No one spoke in favor of, or in opposition to, the variance request. Bill Carvelle, the prospective buyer of the oil change facility, indicated that he has lived in Coppell for 19 years, and owns oil lube businesses in Valley Ranch, Flower Mound, and Frisco. He indicated that he would like to also operate one in Coppell, adding that he felt Joe Pipes would be a good business neighbor, and the tax revenue would be good for the City. Referring to the landscape site plan, Commissioner Holzheimer asked about the reason for the design of the “leg” along the east property line that runs behind the oil lube facility. Mr. Pipes responded that this drop-down area was designed to meet the additional needs for carwash employee parking. Motion was made Commissioner Chomiak to grant the five-part variance, noting that the 19.25- ft. variance to the 30-ft. sideyard setback be applied to the south side of the property, rather than the north side, as listed incorrectly on the agenda. Motion was seconded by Commissioner LeGros, and a vote was taken. Motion carried, 5 to 0. Variances granted. Item 4: Public Hearing to consider approval of variance requests from the City of 254 Coppell’s Zoning Ordinance, as follows, for the Oil Lube facility, located at S. Denton Tap Road : 1) Section 12-34-8(C)1: Variance to allow perimeter landscaping to be varied as follows: a.North perimeter adjacent to the newly created Lot 1R1 Blk A (Car Wash facility): Waive the required perimeter buffer. The required 4 trees will be planted in front of the west building façade. The required screening is also requested to be waived. b.East perimeter adjacent to the newly created Lot 1R1 Blk A (Car Wash facility): Waive the required perimeter buffer. The required 3 trees will be planted in front of the east building façade. The required screening is also requested to be waived. 2)Section 12-34-8(B)3: Variance to allow a substitution as follows: The total required landscape area is 377 square feet short of what is required. Applicant requests that in lieu of this 377 square feet, additional plantings of Asian Jasmine groundcover be provided as shown on the plan. The required trees are provided at various locations on this lot. 3)Section 12-34-8(B)3: Variance to waive the required parking lot landscape islands on the east side of the existing accessible parking space on the south side of the building. The required trees are provided on this lot. Greg Jones noted that this parcel has the same concerns with landscaping and buffers, adding that these three variance requests were discussed at Planning and Zoning Commission and City Council hearings, and were approved as shown on the drawings presented tonight. He summarized that the applicant is adding perimeter landscaping and waiving parking lot islands. He concluded that staff’s comments are basically the same as the previous request; the City would like to have the building occupied and in use. The applicant was invited to step forward to present his case. Mr. Pipes indicated that he had nothing further to add, but would entertain questions. There were no further comments or questions from board members. Motion was made by Commissioner LeGros to grant the three-part variance request. Motion was seconded by Commissioner Holzheimer, and a vote was taken. Motion carried, 5 to 0. Variances granted. Other Business. None. Adjournment. Motion to adjourn was made by Commissioner LeGros. Motion was seconded by Commissioner Hoppie, and a vote was taken. Motion carried, 5 to 0. Meeting adjourned. ____________________________________ David Stonecipher, Chairman ____________________________________ Mary Beth Spletzer, Recording Secretary