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BM 2007-11-1 BOA MINUTES OF NOVEMBER 1, 2007 BOARD OF ADJUSTMENT The Board of Adjustment of the City of Coppell met on Thursday, November 1, 2007, at 7:30 p.m. in the Council Chambers Conference Room of Town Hall, 255 Parkway Blvd. Commissioners in attendance: Alternate Commissioners in attendance: Donald Perschbacher, Chairman David Stonecipher, Commissioner Robert Chomiak, Vice Chairman Mark LeGros, Commissioner Also present: John Hoppie, Commissioner Greg Jones, Chief Building Official Laura Ketchum, Alternate Commissioner Mary Beth Spletzer, Secretary Jon Holzheimer, Alternate Commissioner Harold Copher, Alternate Commissioner Applicant present: Virginia Harn, Alternate Commissioner Shahzad Nathani, Plano, Texas Item 1: Call to Order. Meeting was called to order at 7:30 p.m. by Chairman Perschbacher. Commissioner Copher was invited to serve on the board in the absence of Commissioner Stonecipher. Chairman Perschbacher administered the oath for those wishing to speak at this evening’s meeting. Item 2: Approval of minutes of October 4, 2007, meeting. Motion was made by Commissioner LeGros to approve the minutes of the October 4, 2007, meeting. Motion was seconded by Commissioner Hoppie, and a vote was taken. Motion carried, 5 to 0. Minutes approved. Item 3: Public Hearing to consider approval of a variance request from Section 12- 109 29-4-2(B)(ii) of the City’s Zoning Ordinance, for the property located at E. Natches Trace . Mr. Shahzad Nathani is requesting a variance to the City’s Sign Ordinance, to allow for the construction of a 40 sq. ft. monument sign along Denton Tap Road, replacing the existing monument sign along Natches Trace, to achieve greater visibility for Smart Start Early Childhood Educational Center. Greg Jones reported that the applicant, Mr. Nathani, is the new owner of Smart Start School and wishes to make changes in order to increase enrollment at the school. Referring to an aerial view of 109 Natches Trace and surrounding area, Greg Jones pointed out the locations of Smart Start School, Natches Trace, Denton Tap Road, and the strip of property dedicated to the City’s trail system. He emphasized that Smart Start School fronts on Natches Trace, not on Denton Tap Road, and reported that the applicant wishes to move the 40 square foot monument sign from Natches Trace to the rear property which fronts along Denton Tap Road. He reported that the minimum sign setbacks that would apply to this situation would be 15 feet from the street right-of-way and 75 feet from interior property lines. Greg Jones indicated that other possible solutions to this problem were discussed and explored with the sign contractor, and this appeared to be the only possibility. He noted, however, that Staff cannot fully support the request due to the fact that it would most likely obligate the City, although not legally, in upcoming years to maintain an openness of the front parcel and limit future landscape plantings that could restrict the visibility of the school’s monument sign. In summary, Greg Jones noted that the proposed new location of the sign would qualify with regard to size, but not setbacks. Commissioner Chomiak asked about the property located to the north of Smart Start School, and Greg Jones reported that it is Champions School of Real Estate, and he pointed out the property lines. Commissioner Chomiak asked if the sign would mainly front on the City’s property and not that of Champions School of Real Estate, and Greg Jones indicated that it would only front on City property. Commissioner LeGros asked for clarification on monument sign setbacks, and Greg Jones reported that it is a 75-ft. setback. Commissioner Chomiak asked if some type of shared signage agreement could be made between Champions and Smart Start, and Greg Jones responded that it could not, due to the fact that off-premise signs are not allowed in Coppell; he added that for Smart Start, the sign would be considered an off-premise sign. Commissioner Copher asked for clarification on which section of property is considered park land trail system, and Greg Jones pointed out the strip of property. The applicant was invited to step forward to present his case. Mr. Shahzad Nathani explained that he purchased this property in August, adding that the school is known for its very unique Italian-based curriculum. He explained that the former owner started the school in 1999 and for the past six years tried to keep it going in terms of enrollment and revenue, but finally decided to sell. Mr. Nathani explained that he hired two of the top consultants in the field to conduct a survey to help determine strategies to increase enrollment. Cited as problems were lack of visibility and difficulty finding the school. He commented that from Denton Tap, you can see nothing but the building and the playground, and it’s difficult to determine what type of business it is. He compared the signage on the Champions building with that of his building, noting that Champions has two signs on the building and a monument sign, whereas Smart Start has only a monument sign on Natches Trace. He commented that the visibility from the main road (Denton Tap) is negligible. Mr. Nathani distributed photos of the building and surrounding area. Mr. Nathani explained that he is requesting a variance to move the monument sign from the front to the rear property, adding that the sign will meet the building code requirement of 40 square feet. He further added that if the City is concerned about future maintenance and development of that strip of park property that fronts the Smart Start property, he would be willing to draw up some sort of agreement that meets City wishes. Chairman Perschbacher asked Mr. Nathani to consider the Board’s original question relating to property hardship. Mr. Nathani replied that he feels his hardship is very unique in nature. In addition to an economic hardship, he noted that other such schools of this caliber have long waiting lists for enrollment, whereas this school has vacancies because out-of-town people have difficulty finding it. In addition, Mr. Nathani commented that if Smart Start cannot become a self-sufficient operation, Coppell stands to lose a unique educational program for children. Commissioner LeGros asked about the original platting of the property, and why access was granted off Natches Trace rather than Denton Tap. As a new owner, Mr. Nathani replied that he was not aware of the historic details, but assumed that the original property owner agreed to the configuration of the lot, even though it does nothing to promote access to the business. Chairman Perschbacher asked Mr. Nathani to what extent he took the signage situation into consideration when he purchased the property. Mr. Nathani replied that the entire purchase process was extremely confidential and there’s no opportunity for the prospective owner to do a survey among families regarding the facility’s limitations and needs. He added, however, that he did have an opportunity to see the property prior to purchasing it. Commissioner Hoppie asked for clarification on specifically where the sign would be located, and how close it would be to Champions. Mr. Nathani responded that it would be directly behind the City of Coppell park and trail system property. He added that he had not spoken to anyone at Champions School of Real Estate, because it did not appear to affect them. Commissioner Chomiak commented that he felt the placement of the Smart Start monument sign in the rear yard could create some confusion for drivers as they approach the entryway for Champions School of Real Estate. Commissioner Chomiak asked the applicant to explain any other options or solutions that were considered in solving this problem. Discussion continued about the possibilities of placing an attached sign on the rear of the school and Mr. Nathani, as well as Greg Jones, concluded that there was simply not enough space for an attached sign that would be safely out of reach of children, due to the design of the building and the extensive use of windows. The meeting was opened to the public. Those wishing to speak in favor of, or in opposition to, the variance request were invited to step forward. Speaking in favor of the request was Misty Thorn, 1001 E. Main Street, Allen, Texas. She explained that she is a childcare consultant, serving 90 childcare programs across the state. More specifically, her study at the Coppell Smart Start School has been to determine why the enrollment is so low. The school has 167 slots for children, but, because it’s nestled within a hiking trail area, it’s not clearly visible, especially to those unfamiliar with Coppell. Ms. Thorn reported that they have tried every promotional tool available from newspaper advertising to door hangers, in an attempt to boost enrollment, but none have been successful. She reiterated that if Smart Start School closes, the biggest loss will be to the citizens of Coppell. Ms. Thorn added that Smart Start School is the only one in Texas that offers this particular curriculum. Chairman Perschbacher asked if visibility, alone, is the problem, or if demand for this curriculum had been considered. Ms. Thorn replied that Smart Start’s three closest competitors have waiting lists and properties that are much more visible. In addition, she indicated that on numerous occasions, people have called and reported driving by and being unable to find the school. Mr. Nathani added that of the people who have visited the facility, about 93 percent decide to enroll. Ms. Thorn added that Champions has an advantage that they have signage on three sides of their building, whereas the architecture of the Smart Start building doesn’t lend itself to any attached signage. No one spoke in opposition to the variance request. Commissioner Chomiak asked if there is an option to place a second sign on this property, possibly one in front and one in back. Greg Jones explained that, according to the sign ordinance, they would be allotted only one 40 sq. ft. monument sign for the size of the lot. Mr. Nathani reported that he would be willing to sign a waiver or agreement with the City for a three-year period, just enough time to help the school through this hardship period, but not interfere with any future plans that the City might have for that strip of park trail property. The meeting was closed to the public, and opened to the Board for discussion. Commissioner LeGros referred to a condition in the real estate industry known as “adverse possession”, in which property that is allowed to exist in a certain temporary way for many years can actually be rendered legal by virtue of the time that has passed. He questioned whether the Board would want to create that type of window of opportunity in this situation. Commissioner Hoppie further expressed his concern that Champions School of Real Estate had not been notified of this variance by the applicant, adding that driveway confusion could result should the variance be granted. Motion was made by Commissioner LeGros to grant the variance to allow a 40 sq. ft. monument sign along Denton Tap Road, replacing the existing monument sign along Natches Trace. The motion was seconded by Commissioner Hoppie, and a vote was taken. Motion did not carry, 5 to 0. Variance denied. Other Business. None. Adjournment. Meeting adjourned. ____________________________________ Donald Perschbacher, Chairman ____________________________________ Mary Beth Spletzer, Recording Secretary