BM 2011-05-05
MINUTES OF MAY 5, 2011
BOARD OF ADJUSTMENT
The Board of Adjustment of the City of Coppell met in Regular Session on Thursday, May 5, 2011, at 7:00 p.m. in
theCouncil Chambers of Town Center, 255 Parkway Boulevard, Coppell, Texas. The foll
present:
In attendance: Absent:
Donald Perschbacher, Chairperson Mark Holmstrup, Alternate
Mark LeGros, Vice Chairperson Melinda Gillam, Alternate
Laura Ketchum, Board Member
Douglas Robinson, Board Member Also present:
John Hirschy, Board Member Michael Arellano, Chief Building Official
Kathie Troy-Rucker, Alternate (Non-voting) Amy Swaim, Administrative Technician
Jeffrey Turner, Alternate (Non-voting)
Item 1: Call to Order.
Chairperson Perschbacher called the meeting to order at 7:00 p.m.
Item 2: Approval of the April 7, 2011, minutes
Motion by Board Member Hirschy, second by Vice Chairperson LeGros, to approve the April 7, 2011,
minutes as presented. AYE: LeGros, Ketchum, Robinson, Hirschy, Perschbacher. NAY: None. The motion
carried 5-0.
Item 3: Public Hearing to consider approval of a special exception from Section 12-31-6 (#3, #18) of
450 Airline Drive. Mr. Steven L.
Chargois, on behalf of Daryl Flood, Inc., is requesting a specia
reduction of 26 parking spaces from the required 360 to 334. Thi
maneuvering.
Mr. Arellano summarized the request. He referenced the site plan submitted by the applicant and noted that
in his opinion, there is sufficient room for vehicle maneuvering
spaces. Mr. Arellano reminded the Board that special exceptions run with the property. He stated Staff
recommends denial of the request.
Present on behalf of the owner was David Meinhardt, Meinhardt & Associates Architects. Mr. Meinhardt
then explained the layout and proposed use of the parking lot and how the reduction in parking spaces
would allow for easier maneuvering of the 72-FT trucks that enter and exit the facility.
Board Member Robinson asked if the truck parking spaces around the building counted toward the required
number of spaces.
Mr. Arellano replied yes.
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Mr. Meinhardt indicated he did not include the truck parking spaHe stated
that if they were allowed to count those spaces, they would be cthe required number of parking
spaces.
Board Member Ketchum pointed out that according to the submittal
average, was 174 (in 2009). She asked on average how many trucks were on-site at one time.
Mr. Meinhardt predicted 60 to 70 trucks are on-site on any given day.
Board Member Ketchum asked if employees parked on the north side
be eliminated.
Mr. Meinhardt stated he does not believe employees use the parking on the north side.
Mr. Arellano counted spaces on the site plan provided by the applicant. He co
of the required 360.
Chairperson Perschbacher opened the public hearing. No persons c
item; therefore, the public hearing was closed.
Vice Chairperson LeGros brought up the fact that if the special was granted, it would run with the
life of the property. He pointed out the property might someday
the required number of parking spaces. Vice Chairperson LeGros stated in this particular case, the employee
count is low and everyone fits in front of the building without
that the company could impose parking requirements that would restrict employees from parking on the
side of the building where the proposed eliminated spaces are lo
indicated that he does not believe there is an insurmountable hardship related to this property that would
justify the requested special exception.
Board Member Ketchum stated that if the hard-count of the existing parking is in fact 357, the idea of the
property having a hardship is moot, and granting a special exception is not necessary.
Board Member Robinson indicated that if the count is correct at 357 out of 360 requiredhe is of the
opinion that there is no hardship.
Motion by Vice Chairperson LeGros, second by Board Member Ketchum to grant a special exception from
Section 12-31-6 (#3, #18) of the C 450 Airline Drive.
AYE: None. NAY: LeGros, Ketchum, Robinson, Hirschy, Perschbacher. The motion failed 5-0.
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Item 3: Public Hearing to consider approval of a variance from Section 9-2-Zoning
Ordinance for the property located at 101 N. Oak Trail. Ms. Christina Lawson is requesting
a variance to allow an 8-foot wrought iron fence in the front yard.
Mr. Arellano summarized the request. He stated that pedestrians t property as a
short-cut. Mr. Arellano indicated the property was one lot but as sinc
Board Member Robinson asked if only the left lot should be considered for this request.
Mr. Arellano replied yes. He continued by stating that Ms. Lawson is requesting the erection of an 8-foot
wrought iron fence in the front yard to keep people, especially
Arellano explained that the Zoning Ordinance does not allow for refore, Staff
recommends denial of the request. He furthered by stating that this request has two (2) strikes ag
1) front yard fences are not allowed; and 2) this property has b
have a fence.
Christina Lawson, applicant, 101 N. Oak Trail, was present. Ms. Lawson stat
subdividing her lot; however, she never moved forward and the lo
presented the Board with a copy of the most recent survey verifying the property is in fact just one lot. Ms.
Lawson continued by stating that both teenagers and adults are trespassing on her property; people going
to high school games intoxicated are trespassing on her property; people are setting fires on her property;
people are hiding cell phones on her front porch; and people driving through Coppell believing they have
total access to her property. She indicated that she sat in her
who were trespassing. Ms. Lawson stated she then confronted the children with the photos and a
to sign a sheet of paper and go home and talk to their parents abou
received fourteen (14) signatures with phone numbers (a fraction of the number of children/people who
trespass on her property) within an hour. Ms. Lawson cited Texas., Criminal
Trespass (TPC § 30.05, Criminal Trespass), and stated she has a right to privacy and a right to erect a
fence for security. She informed the Board that in the event that this request is denied, the a
whom she has been communicating has advised her to call the poli
and paint a purple boundary on her property. Ms. Lawson stated s the police, and they have
documented the following: kids jumping the ditch; kids jumping around her trees; a man falling over while
cutting through her property; and adults jogging through. She indicated that if anyone gets hurt while
trespassing on her property, it is her responsibility and liability. She reiterated the fact that i
would call the police every day. Ms. Lawson stated she has almost
she has been threatened and pushed by teenagers after confronting them about trespassing on her
property.
Chairperson Perschbacher thanked Ms. Lawson for the amount of in
her that the Board is sympathetic to her issues; however, he expBoard has to base their
decision on any hardship caused by the property itself. He stated the hardship must be so
special and unique about her property that is not present in other properties in the area.
Ms. Lawson indicated there are no children trespassing on other properties in the area.
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Chairperson Perschbacher further explained that the Board is looking for unusual features of the property
not common to other properties and not self-imposed or financial in nature. He stated that he wants to give
her every opportunity to present any and all evidence pointing toward a hardship.
Ms. Lawson stated there are hardships associated with this prope because she cannot contain her
property for safety, trespass, or violators. She once again cited TPC § 30.05, Criminal Trespass, which in
part references offenses against property and criminal trespass.people have broken
in the back, and it is not a one-time occurrence. She stated that in fact, the occurrences have e
a result of the development in the area and the growth of the high. She continued by indicating her
proposed fencing will be open, she will notch around the trees, and if needed, it can be moved.
Chairperson Perschbacher explained that the City of Coppell Board of Adjustment has no jurisdiction or
influence regarding the Texas Penal Code. He indicated that the City of
Coppell Zoning Ordinance.
Motion by Vice Chairperson LeGros, second by Board Member Hirschy to gra variance from Section 9-
2-101 N. Oak Trail. AYE: None. NAY:
LeGros, Ketchum, Robinson, Hirschy, Perschbacher. The motion failed 5-0.
There being no further business, the meeting was adjourned at 9:16 p.m.
____________________________________
Donald Perschbacher, Chairperson
ATTEST:
___________________________________________
Amy Swaim, Administrative Technician
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