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BM 2010-04-01MINUTES OF APRIL 11 2010 BOARD OF ADJUSTMENT The Board of Adjustment of the City of Coppell met on Thursday, April 1, 2010, at 7:30 p.m. in the Council Chambers of Town Hall, 255 Parkway Blvd; In attendance: Mark LeGros, Chairman Donald Perschbacher, Vice Chairman Laura Ketchum, Commissioner Harold Copher, Commissioner John Hirschy, Commissioner Mark Holmstrup, Alternate Commissioner Absent: Douglas Robinson, Alternate Commissioner Kathie Troy -Rucker, Alternate Commissioner Jeffrey Turner, Alternate Commissioner Also present: Michael Arellano, Chief Building Official Mary Beth Spletzer, Secretary Applicant present: Jay Praytor, Praytor Landscape, Coppell Deborah Pedersen, 626 Prestwick Court, Coppell Item 1: Call to Order. Meeting was called to order at 7:35 p.m. by Chairman Mark LeGros. Chairman LeGros administered the oath for those wishing to speak at this evening's meeting. Item 2: Public Hearing to consider approval of a variance request from Section 35- 2(A)2(a)iii of the City's Zoning Ordinance, for the property located at 626 Prestwick Court. Mr. Jay Praytor, of Praytor Landscape, on behalf of the property owners, is requesting a 6 -ft. variance to the required 10 -ft, rear yard setback in this SF -12 zoned district. The homeowners wish to construct a new patio and 9 -ft. high shade arbor with outdoor kitchen in the southeast corner of their property. Michael Arellano explained that the contractor in this case is requesting a 6 -ft. variance to the 10 -ft. rear yard setback to allow for the construction of a 121 sq. ft. arbor in the southeast corner of the -property, Referring to the site plan in the packet, he reported that the backyard. area is mostly comprised of the swimming pool and deck, leaving only a small space in the southeast corner for an arbor and outdoor kitchen. He indicated that Staff could not determine any type of property hardship associated with this request, and for that reason, is recommending denial. Chairman LeGros asked if a permit is normally required for this type of work, and Mr. Arellano indicated that a permit is required for construction of an arbor, as well as for patio work. The applicant was invited to come forward to present his case. ]ay Praytor, of Praytor Landscape, commented that the homeowner has just recently decided that the arbor will contain just a grill and not an outdoor kitchen, as previously planned. He further explained that the arbor will be only 9 -ft. high, so it will rise only one foot above the fence, adding that it will be mostly hidden by trees, and will not be an eyesore in the neighborhood. Commissioner Ketchum asked if the arbor could be constructed anywhere else on the property, or -if it could be made smaller and still be useful. Mr. Praytor replied that this arbor design was the homeowner's preference, and explained that there is no other location available on the property, considering the space taken by the swimming pool and deck. The board members discussed whether a property hardship existed in this case, and it was determined that a hardship did not exist. The public hearing was opened to the public. Those wishing to speak in favor of the variance request were asked to step forward. Deborah Pedersen, homeowner of 626 Prestwick Court, explained that the property to the east of them is just a grassy, tree -lined area and is really only used for picnicking by the property owners. She indicated that she and her husband simply want to construct a four - post arbor with a grill and refrigerator. Ms. Pedersen presented a letter from their homeowners' association stating that the proposed arbor would comply with the homeowners' association requirements. No one spoke in opposition to the variance request. The hearing was closed to the public and opened to the board for discussion. Commissioner Perschbacher reminded the board that there is no apparent property hardship in this situation. Secondly, he noted that if the variance is granted, it stays with the property for all future homeowners. It was further noted that the property to the east is undeveloped residential area that will become developed in the future, and it is the responsibility of the board to protect the interests of those future homeowners. Motion was made by Commissioner Perschbacher that the variance request be granted. Motion was seconded by Commissioner Ketchum and a vote was taken. Motion did not carry, 4 to 1, with Commissioner Hirschy voting in favor of the request. Variance request denied. Other Business. Building and Standards Commission: Discussion of timetable for adoption of 2009 International Codes Mr. Arellano announced that he is making plans for the adoption of the 2009 International codes, adding that he anticipates having any Coppell amendments to the codes ready to present to the building and Standards commission as early as June. Adjournment. Meetin adjourned. Ma LeGros, Chairman ATW 1--W/114M 4a) c � Christel P ttinos, Recording ecretary