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BM 2008-07-10 BOA MINUTES OF JULY 10, 2008 BOARD OF ADJUSTMENT The Board of Adjustment of the City of Coppell met on Thursday, July 10, 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 Robert Chomiak, Vice Chairman Laura Ketchum, Alternate Commissioner John Hoppie, Commissioner Jon Holzheimer, Alternate Commissioner Mark LeGros, Commissioner Harold Copher, Alternate Commissioner Also present: Virginia Harn, Alternate Commissioner Greg Jones, Chief Building Official Mary Beth Spletzer, Secretary Applicants present: Mr. Brian Jobe, 564 Rocky Branch Lane, Coppell Ms. Jean Dahl, 279 Tealwood Drive, Coppell Item 1: Call to Order. Meeting was called to order at 7:35 p.m. by Chairman Perschbacher. Commissioner Copher was invited to serve on the board in the absence of Commissioner Stonecipher. Item 2: Approval of minutes of June 5, 2008, meeting. Motion was made by Commissioner Hoppie and seconded by Commissioner LeGros to approve the minutes of the June 5, 2008, 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 request from the platted 40- 564 Rocky Branch Lane ft. front yard setback, for the property located at . Mr. Brian Jobe is requesting an approximate 4.6-ft. variance to the 40-ft. platted front yard building line to allow for the construction of a covered front yard entry area with two supporting columns, in this SF-12 zoned district. Greg Jones provided background on this case, explaining that this house was built in 1978 with a platted 40-ft. front building line, but adding that current SF-12 zoning requires only a 30-ft. front building line. In this case, the owners wish to construct a covered front entry porch with supporting columns that will further encroach into the 40-ft. platted setback by an additional 4-ft., 4-in. or slightly more. He explained that there is already a small encroachment to the front yard setback on the west front corner of the home that extends through the area where the new covered entry construction is proposed. He reported, also, that a note, for insurance purposes, was added to the survey indicating that the current owners accepted this original encroachment when they purchased the property in August 2007. Greg Jones reported that because there is no evidence of a property hardship, Staff cannot support this request. Commissioner LeGros asked for clarification on the location of the current encroachment and Greg Jones pointed out that it was the southwest corner of the lot. Chairman Perschbacher asked if Staff could support the variance request if the applicant chose a different design --- perhaps a cantilever design --- and Greg Jones responded that it probably would be acceptable. Referring to the Zoning Ordinance, Greg Jones reported that there are several accepted methods for measuring front yards, and he named a few. The applicant was invited to step forward to present his case. Brian Jobe, of 564 Rocky Branch, explained that his property is just south of the Duck Pond. He further reported that because these homes were built in the late ‘70s, there’s a lot of remodeling going on. He reported that his home has not had any remodeling, so his goal is to make some modest functional and aesthetic improvements. He noted that the porch is currently below 5 feet in depth, so anyone standing tight up against the front door doesn’t have much coverage on rainy and windy days. He added that he would like to have more overhang so that the porch can be more functional and comfortable to use. If the variance is granted, Mr. Jobe explained, the distance will still be 48 feet from the support columns to the street, adding that this minor change will not be noticeable to passers-by. Mr. Jobe reported that he contacted six of his immediate neighbors by email, providing plans and pictures, and didn’t receive any negative feedback. He commented that it would be a win-win situation for all. Commissioner Copher asked for clarification on the location of the support columns. Mr. Jobe explained that the front of the property doesn’t go all the way up to the road, due to the fact that some of it is City right-of-way property. Mr. Jobe reported that when he measured, he started at 4-1/2-ft. in front of his home (where the proposed columns would be located) and measured outward 48 feet toward the street. Mr. Jobe reported that there’s an existing encroachment which is greater than the one along the southwest corner. He explained that north of the front door area, there’s a short privacy wall with a concrete footing and concrete columns, and in between the concrete columns, there’s a wall that offers privacy for the master bathroom. He further explained that the wall juts out as much as four feet. He noted that this encroachment seems just as significant as the one he’s requesting this evening. Mr. Jobe reported that the two front porch entryway columns would be basically placed at about the same distance from the street as that existing privacy wall. Greg Jones further clarified what he thought the measurements would be for Mr. Jobe’s front yard, taking into account the variance, should it be granted. Commissioner LeGros asked about the legality of the privacy fence in this front yard, and Greg Jones responded that any fence exceeding 18 inches in height is not allowed in a front yard, according to the ordinance. He further reported that he wasn’t aware of the existence of that fence. Commissioner Chomiak asked if there were any other exterior renovation projects planned that would involve the front door entryway. Mr. Jobe replied that there will be a higher gable with a vent located in the middle section, but it will not encroach over the building line. Commissioner Copher asked the applicant if he had considered the possibility of using some type of cantilevered structure to support the porch overhang. Discussion continued on this topic, and Greg Jones indicated that a 4-foot overhang of this type would be allowed with an appropriate cantilevered support. Mr. Jobe indicated that he and his wife had considered this type of structure, but it was not particularly to their liking. Chairman Perschbacher asked Mr. Jobe if he felt the house was aesthetically challenged when he purchased it just one year ago. Mr. Jobe commented that they felt it needed some work, but it was in their price range, and there appeared to be so much remodeling happening in the neighborhood at that time, that they simply felt they could make the necessary improvements. He added that they didn’t realize when they bought the house that it was setting right on the front property line, and how much of a problem that would create for them during remodeling. 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. All commissioners generally agreed that there was not a property hardship in this situation, although Commissioner Copher commented that he felt the existing front porch could be considered somewhat of a hardship. Most also agreed that the variance request was not contrary to public interest. Commissioner Hoppie commented that although the applicant does not have a real strong case, the truth of the matter is, the house already encroaches in two places, and driving down the street, the slight encroachment of the front porch would be unnoticeable. Commissioner Chomiak felt that the proposed front door entry feature would not have a strong 4.6-ft. impact; but, rather, it would be subtle, due to the fact that it’s still such a distance from the street. Motion was made by Commissioner LeGros to grant the request for a 4.6-ft. variance to the 40-ft. platted front yard building line. Motion was seconded by Commissioner Chomiak, and a vote was taken. Motion carried, 5 to 0. Variance granted. Item 4: Public Hearing to consider approval of a special exception from Section 12- 230 N. 24-4 of the City’s Zoning Ordinance, for the property located at Denton Tap Road, Suite 104 . Ms. Jean Dahl, of DeVine Cellars, is requesting a special exception to allow an eight (8) parking space reduction in this Town Center zoned district, due to the fact that her peak business hours would be primarily in the evening when the other businesses in this retail strip center are closed. Greg Jones defined a “special exception” versus “variance”, and explained that this applicant, Ms. Dahl, has already received approval for DeVine Cellars at this location, by the Planning & Zoning Commission and City Council. He explained that the applicant’s approval of a Special Use Permit for a new restaurant / retail store cannot proceed without this Board’s approval of a special exception to reduce the parking requirement by 8 spaces. He reported that the applicant conducted a parking survey which shows that even during peak traffic periods, there is still adequate parking available to accommodate her use, especially taking into account the under-utilized rear parking lot. In addition, he noted that the applicant has added a rear door to the business to encourage use of the rear parking lot. Greg Jones explained that Ms. Dahl’s peak business hours will be the evening hours when adjacent businesses have closed for the day. Greg Jones reported that in this case, Ms. Dahl is requesting the parking space requirement be reduced from 161 parking spaces to 153 parking spaces, citing the parking survey as evidence that there will be adequate parking. Commissioner Hoppie asked for clarification on whether the special exception, if granted, stays with the “address” or with the “use”, and Greg Jones clarified that it stays with the “use”, adding that if DeVine Cellars should move out, the special exception would end. Chairman Perschbacher asked who on the City staff is responsible for ensuring that the conditions of a special exception are met. Greg Jones replied that it is himself, as well as members of the Planning and Zoning Department. Commissioner Chomiak asked about the various parking ratios depending on use, and Greg Jones provided examples to help in understanding the process. The applicant was invited to step forward to present her case. Ms. Jean Dahl, owner of DeVine Cellars, distributed an up-to-date handout showing a parking study, hours of operation analysis, leasing plan, and aerial view. Referring to her floor plan, Ms. Dahl explained that the restaurant and retail are about half and half, but the retail parking is calculated on a 200:1 parking ratio, whereas the restaurant is calculated on a 100:1 ratio, adding that the restaurant portion is actually creating the deficit. Following the recommendations of the Planning and Zoning Department, Ms. Dahl reported that they have added a rear door, so they can more easily access the rear door. In addition, she noted that a directional sign will be placed in the front of the store directing people to the rear parking lot. In addition, Ms. Dahl reported that she has been working with the property management company to spruce up the landscaping in the rear parking area to clean up the parking lot, upgrade the lighting, and trim trees. Referring to the hours of operation analysis, she pointed out the businesses that will close at 7 p.m., thereby freeing up 38 parking spaces. She reported on the pictures included in the packet which shows parking at different times of the evening. Chairman Perschbacher asked about the three parking spaces in relation to the rear door, and Ms. Dahl reported that the existing door will be moved to the center of the suite and it will have a 2-ft. awning over it, so the entrance will not obstruct any parking. The public hearing was opened to the public. No one spoke in favor of or in opposition to the request. The public hearing was closed to the public and opened to the Board for discussion. Commissioner Hoppie commented that it’s impressive to work with an applicant who has really done her homework and has submitted such a detailed request. Motion was made by Commissioner LeGros to grant the special exception to allow an eight (8) parking space reduction for DeVine Cellars. Motion was seconded by Commissioner Copher, and a vote was taken. Motion carried, 4 to 1, with Chairman Perschbacher voting in opposition. Special exception granted. Other Business. None. Adjournment. Meeting adjourned. ____________________________________ Donald Perschbacher, Chairman ____________________________________ Mary Beth Spletzer, Recording Secretary