BM 2009-10-01
MINUTES OF OCTOBER 1, 2009
BOARD OF ADJUSTMENT
The Board of Adjustment of the City of Coppell met on Thursday, October 1, 2009, at 7:30
p.m. in the Council Chambers of Town Hall, 255 Parkway Blvd.
In attendance: Absent:
Donald Perschbacher, Chairman John Hirschy, Commissioner
Mark LeGros, Vice Chairman
Laura Ketchum, Commissioner
Harold Copher, Commissioner Also present:
Douglas Robinson, Alternate Commissioner Michael Arellano, Chief Building Official
Mark Holmstrup, Alternate Commissioner Mary Beth Spletzer, Secretary
Kathie Troy-Rucker, Alternate Commissioner
Jeffrey Turner, Alternate Commissioner
Applicant present:
Jeremy W. Kelly, Lee & Associates
Item 1:
Call to Order.
Meeting was called to order at 7:30 p.m. by Chairman Perschbacher. Commissioner
Robinson was invited to serve on the board in the absence of Commissioner Hirschy.
Chairman Perschbacher introduced and welcomed the four new board members.
Item 2:
Approval of minutes of July 9, 2009, meeting.
Motion was made by Commissioner LeGros and seconded by Commissioner Ketchum to
approve the minutes of the July 9, 2009, meeting. Motion carried, 5 to 0. Minutes
approved.
Item 3:
Election of Officers.
Commissioner Copher nominated Mark LeGros as Chairman. A vote was taken and
passed unanimously. Commissioner Ketchum nominated Commissioner Perschbacher as
Vice Chairman. A vote was taken and passed unanimously.
Chairman LeGros then took charge of the meeting by administering the oath for those
wishing to speak at this evening’s meeting.
Item 4:
Public Hearing to consider approval of a special exception from Section 12-31-
989 W. Sandy
7(3) of the City’s Zoning Ordinance, for the property located at
Lake Road, Suite 700
, that deals with parking requirements based on use. Mr.
Jeremy Kelly, of Lee & Associates Realtors, on behalf of BCE Specialties’
president/owner, Beth Cunningham, is requesting a special exception to allow
for a reduction of 27 parking spaces from the required 76, to 49, to allow for the
possible leasing of Suite 700 to NTA Taekwondo.
Michael Arellano reported that this office warehouse was constructed in 2005, and over the
years has housed such tenants as sporting goods businesses, dance and martial arts
studios, adding that they’ve been somewhat limited to this type of use, due to the fact that
the building could not be equipped with dock space because of topographical limitations.
He commented that the owner has also unsuccessfully attempted to lease the building as
flex warehousing.
Michael Arellano further explained that the owner of the building and occupant of Suite 100,
BCE Specialties, has agreed to relinquish 17 of its unused parking spaces for use by the
tenant of Suite 700, just as they did for the former tenant of the suite, Kidz Muze. These 17
spaces, combined with the 32 parking spaces now allotted to that suite equals a total of 49,
leaving the potential tenant, Taekwondo, a shortage of 27 parking spaces, for which the
special exception is needed.
In conclusion, Michael Arellano, explained that he felt the applicant has done his homework
with regard to parking studies and uses of the building throughout the day. Because of the
challenges faced by this property owner in attempting to lease this building, Mr. Arellano
noted that it is Staff’s recommendation that granting this special exception would meet the
spirit of the ordinance.
Commissioner LeGros commented that he felt that if the special exception was granted, it
should be done in such a way as to tie it directly to the tenant, which in this case is
Taekwondo, and not to the property. Mr. Arellano agreed, adding that any motion should
be handled that way, making it necessary to revisit the situation at a later date for a
different use, if the need arises. Mr. Arellano further explained that the parking requirement
for this area was originally based on light industrial zoning.
The applicant was invited to step forward to present his case.
Mr. Jeremy Kelly explained that he represents Beth Cunningham, the owner of the building.
He reported that BCE has an agreement, in principle, with the potential tenant to utilize the
15,130 sq. ft. of Suite 700, as long as ample parking is provided. Mr. Kelly showed
calendars listing current parking counts during the Taekwondo classes at its current
location; he reported that the peak times for parking were late afternoons, evenings, and on
weekends. He noted that the classes are consistent and the number of parked cars is
actually lower than what might be expected for this particular use. He explained that the
owner, BCE Specialties, in Suite 100, occupies the largest portion of this building, 22,743
sq. ft., as showroom space and, therefore, is entitled to 23 parking spaces. Of those 23
spaces, the owner of the building, Beth Cunningham, is willing to relinquish 17 parking
spaces to the tenant in Suite 700.
Mr. Kelly further explained that over the past month he has done parking studies at this
property to determine how many vacant parking spaces are available. He noted that their
main objective is to insure that all tenants have ample parking space for their customers.
Commissioner Robinson asked that due to the size of the suite, is it possible that clients
might also use the facility for exercising while other classes are ongoing. Mr. Kelly
responded that although he could not answer that question, he is aware that NTA
Taekwondo particularly liked Suite 700 because it is already segmented into class areas,
left from the previous tenant, Kidz Muze, making it perfectly conducive to the needs of
Taekwondo.
Commissioner Robinson commented that he felt this type of use might involve a large
number of students being dropped off for classes, rather than the need for a large amount
of actual parking. In response, Mr. Kelly reported that this Taekwondo program would
consist of approximately 88 classes, only eight of which are designed for adults, confirming
that the majority of clients are non-driving children.
Commissioner Perschbacher asked the applicant how he was able to discern which parked
cars were used for which tenant space at a multi-use facility. Mr. Kelly explained that this
information was provided by the tenant at his current lease space on the second floor of
Everybody Fits, so he could best answer that question.
The public hearing was opened to the public. No one spoke in favor of or in opposition to
the request.
The hearing was closed to the public and opened to the board for discussion.
Motion was made by Commissioner Copher to grant the special exception to extend only
throughout the duration of tenancy for NTA Taekwondo in Suite 700. Motion was seconded
by Commissioner Perschbacher, and a vote was taken. Motion carried, 5 to 0. Special
exception granted.
Other Business.
▪ Michael Arellano welcomed new board members for 2009-2010.
▪ He distributed new rosters for the year, noting that email addresses were still needed for
three commissioners.
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▪ It was noted that the Board would meet on November 12, rather than November 5, due
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to business travel by Chief Building Official, Michael Arellano on the 5. One variance
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request has been received for the November 12 meeting. Board members will be
notified of final plans.
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▪ The annual training session for the new year is tentatively scheduled for November 12,
following the regular meeting, pending availability of City Attorney, David Dodd.
▪ New board members were also reminded to view the “Open Meetings Act” video as soon
as possible, print out a copy of the completion certificate, and mail it to Michael Arellano.
Adjournment.
Meeting adjourned.
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Mark LeGros, Chairman
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Mary Beth Spletzer, Recording Secretary