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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. thth ▪ It was noted that the Board would meet on November 12, rather than November 5, due th to business travel by Chief Building Official, Michael Arellano on the 5. One variance th request has been received for the November 12 meeting. Board members will be notified of final plans. th ▪ 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. ____________________________________ Mark LeGros, Chairman ____________________________________ Mary Beth Spletzer, Recording Secretary