BM 2008-06-05 BOA
MINUTES OF JUNE 5, 2008
BOARD OF ADJUSTMENT
The Board of Adjustment of the City of Coppell met on Thursday, June 5, 2008, at 7:30
p.m. in the Council Chambers of Town Hall, 255 Parkway Blvd.
In attendance: Absent:
Donald Perschbacher, Chairman David Stonecipher, Commissioner
Mark LeGros, Commissioner Robert Chomiak, Vice Chairman
John Hoppie, Commissioner Jon Holzheimer, Alternate Commissioner
Laura Ketchum, Alternate Commissioner
Harold Copher, Alternate Commissioner Also present:
Virginia Harn, Alternate Commissioner Greg Jones, Chief Building Official
Mary Beth Spletzer, Secretary
Applicants present:
Graham Stacey, 702 Graywood Lane, Coppell
Item 1:
Call to Order.
Meeting was called to order at 7:30 p.m. by Chairman Perschbacher. Commissioners
Ketchum and Harn were invited to serve on the board in the absence of Commissioners
Chomiak and Stonecipher.
Item 2:
Approval of minutes of December 6, 2007, meeting.
Motion was made by Commissioner LeGros and seconded by Commissioner Ketchum to
approve the minutes of the December 6, 2007, meeting. Motion carried, 5 to 0. Minutes
approved.
The oath was administered by Chairman Perschbacher for those wishing to speak at this
evening’s meeting.
Item 3:
Public Hearing to consider approval of a variance to an interpretation
regarding the platting condition for the Village at Cottonwood Creek VI
subdivision, requiring a 15-foot sideyard fence setback for corner lots, for the
702 Graywood Lane
property located at . Ms. Nicola de Lazzari Stacey is
requesting a 15-foot variance to this platted condition, to allow for the
construction of a sideyard swimming pool fence in this SF-7 district. In
addition, she is requesting approval to extend the existing fence 35 additional
feet to the south with the same (no) sideyard setback.
Greg Jones introduced this request by referring to the original subdivision plat map of
Village at Cottonwood Creek VI, dated February 1995, which shows 702 Graywood Lane
(lot 22), having a house on each side of it. He explained that there was a notation written
on that original plat requiring that a 15-ft. sideyard fence setback be maintained on lots that
are adjacent to a street. At that time, 702 Graywood Lane was not subject to that
requirement, because it wasn’t a corner lot. He further explained that in November of 1995,
a portion of the subdivision was replatted, including Lot 22. The replatting involved
Fairlands Lane being extended to run right alongside Lot 22, thereby making Lots 22 and
23 into corner lots. He explained that it was staff’s interpretation that the note on the
original plat concerning the 15-ft. sideyard fence setback for corner lots be applied to these
lots even though those notes had been inadvertently left off of the revised plat dated
November 1995.
Greg Jones further commented that a total of 34 lots were affected by the changes of the
replatting in November 1995. He continued to explain that a fence permit was approved in
1998 for 702 Graywood Lane. However, it wasn’t until April of this year that staff realized a
problem existed when Robertson Pools applied for a pool permit on behalf of the
homeowners, and it was discovered that the pool couldn’t be built because the fence wasn’t
in compliance. In the meantime, staff learned that the homeowners at 702 Graywood had
just bought the lot and had been told by the previous owners that they would be able to
build a pool on the lot. Greg Jones further explained that the construction of a pool would
forever prevent the fence from being moved back to the 15-ft. setback required for other
corner lots.
Greg Jones reported that although no case sets a precedent, the fence has been up ten
years and there have been enough instances of inconsistencies in fence placement in this
subdivision, that staff has no objections to the Board considering a variance to allow the
fence to remain as is. He noted, however, that there is a second part to this variance,
consisting of the applicant wishing to move the fence forward 35 feet along the side
property line. He stated that because there is no real property hardship, Staff cannot
support this portion of the request.
Chairman Perschbacher asked Greg Jones to clarify how the 35-ft. variance ties in with the
15-ft. sideyard fence setback, since the posted agenda doesn’t reference the 35-ft.
variance. Greg Jones assured the commissioners that it was posted correctly and letters to
neighbors explained the 35-ft. variance.
Commissioner Hoppie asked about the visual impact of the fence, and Greg Jones
reminded the commissioners that the fence has been in place for ten years without any
problems.
Commissioner Ketchum asked if it was true that it was not the City’s intent to ask the
homeowners to move the fence, and Greg Jones responded that it was true, adding that
this was a problem caused by the City. Commissioner Ketchum asked if there are other
such situations in the subdivision like this one, and Greg Jones replied that there are.
Commissioner Harn asked about the storage unit currently located in the sideyard of 702
Graywood, and whether it, like the fence, would require a variance. Greg Jones indicated it
was behind a fence and not part of this variance.
Mr. Graham Stacey, of 702 Graywood Lane, explained that if the sideyard fence is
extended 35 feet, it will not block visibility. He also commented that the storage shed was
in its current location when they bought the property, so they didn’t feel it would be an
issue. He also noted that when they bought the house, they stipulated in their contract that
they wished to build a swimming pool on the property. He further commented that the
homeowners across the street from them on Fairlands just built an 8-foot fence that
extends all the way to the front building line, but otherwise, their two properties are virtually
the same.
Mr. Stacey was asked for the date when he closed on his house, and he replied that it was
March 30, 2008.
The public hearing was opened to the public.
No one spoke in favor of or in opposition to the variance request.
The public hearing was closed to the public and opened to the board for discussion.
Commissioner Hoppie commented that he felt these people were deceived in several ways
(the platting problem, the fence already in place, existing homes, etc.) which created a
hardship for them.
Chairman Perschbacher explained that while he is sensitive to Staff’s comments, he is also
concerned about the lack of clarity in the way the notice was posted, as it relates to the 35-
ft. extension of the sideyard fence to the south.
Commissioner Hoppie commented that although those are concerns, it doesn’t appear that
the variance will create any visual or safety problems.
Motion was made by Commissioner LeGros to grant a 15-ft. variance to the platted
condition, to allow for the construction of a sideyard swimming pool fence, and to extend
the existing fence 35 additional feet to the south with the same (no) sideyard setback.
Motion was seconded by Commissioner Hoppie, and a vote was taken. Motion carried, 5
to 0. Variance granted.
Other Business.
None.
Adjournment.
Meeting adjourned.
____________________________________
Donald Perschbacher, Chairman
____________________________________
Mary Beth Spletzer, Recording Secretary