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BM 2014-01-02 BOA MINUTES OF JANUARY 2, 2014 BOARD OF ADJUSTMENT MEETING The Board of Adjustment of the City of Coppell met in a Regular Session on Thursday, January 2, 2014, at 7:00 p.m. in the Council Chambers, 255 E Parkway Blvd, Coppell, Texas. The following members were present: In attendance: Absent: Mark LeGros, Chairperson Laura Ketchum, Commissioner Donald Perschbacher, Vice Chairperson Robert McLeroy, Alternate Commissioner Pennie Poe, Commissioner John Hirschy, Commissioner Lynn Crosby, Alternate Commissioner Jerry Hopkins, Alternate Commissioner (Non-voting) Al Nash, Alternate Commissioner (Non-voting) Also present were Chief Building Official Michael Arellano and Administrative Technicians Michelle Matunas and Ashley Owens. REGULAR SESSION Vice Chairperson Perschbacher called the meeting to order at 7:00 p.m. EXECUTIVE SESSION The Board convened into Executive Session at 7:02 p.m. REGULAR SESSION Item 1: Call to Order. Vice Chairperson Perschbacher called the meeting back in to regular session at 7:15 p.m. Item 2: Approval of the February 7, 2013, minutes. Motion by Commissioner Hirschy, second by Chairperson LeGros to approve the minutes for February 7, 2013. The motion carried 5-0 with Chairperson LeGros, Vice Chairperson Perschbacher, Poe, Hirschy and Crosby voting in favor of the motion. Item 3: Public hearing to consider a variance from Section 12-32-2 of the Zoning Ordinance of the City of Coppell to allow a garage on the west side of the property. The garage will encroach approximately 3’8” into the side yard setback at 145 Whispering Hills. Mr. Arellano summarized the request for 145 Whispering Hills. Mr. Arellano stated that the property is required to have a 10’ setback. He stated that the applicant is requesting the variance in order to build a living space that attaches to the garage. Mr. Arellano noted that the property is zoned as SF-12. He stated Staff recommends denial of the request. Mr. Arellano answered questions from Chairperson LeGros, Commissioner Hirschy, and Commissioner Crosby. Mr. Gregory Franka, 440 W Bethel Rd, Coppell, TX, representing the applicant; spoke in favor of the proposed variance. Ms. Marilyn Strauss, applicant and property owner at 145 Whispering Hills, Coppell, TX, stated her case and respectfully asked the Board for approval of the proposed variance. Ms. Strauss answered questions from Vice Chairperson Perschbacher. Mr. Richard Neal, the applicant’s fiancé, 1869 Atlantic Ave, Lawrenceburg, IN, stated his case as well and respectfully asked the Board for approval of the proposed variance. Mr. Neal answered questions from Commissioner Crosby, Vice Chairperson Perschbacher and Commissioner Hirschy. Motion by Commissioner Hirschy, second by Chairperson LeGros to approve the variance from Section 12-32-2 of the Zoning Ordinance of the City of Coppell to allow a garage on the west side of the property at 145 Whispering Hills. AYE: Poe. NAY: LeGros, Perschbacher, Hirschy, Crosby. The motion failed 1-4. Item 4: Public Hearing to consider a variance from Section 12-12-3 and Section 12-12-5 to allow an 8’ wide by 20’ deep structure on the west side of his property. The intent is to keep the structure in place and not have to tear it down, as it was an existing structure when he bought the home at 1513 Cuttingham Ct. Mr. Arellano summarized the request. He stated that you cannot see the structure from the back alley or the street. The side-yard setback for this particular structure is 8’ and the structure currently does not meet the setback. Mr. Arellano noted that the zoning for this subdivision is SF-9. He stated Staff recommends remaining neutral on the request. Mr. Arellano answered questions from Chairperson LeGros and Commissioner Crosby. Mr. Byron Barlow, applicant and property owner at 1513 Cuttingham Ct, Coppell, TX, stated his case and respectfully asked the Board for approval of the proposed variance. Mr. Barlow answered questions from Vice Chairperson Perschbacher, Commissioner Crosby, Commissioner Hirschy and Chairperson LeGros. David Dodd, City Attorney, commented on the “Grandfather clause” and it’s relation to this particular case. Mr. Barlow continued to answer questions from Commissioner Crosby. Mr. Roland Williams, 1507 Coventry Ct, Coppell, TX, spoke in favor of the request. Mr. Shawn Hicks, 1001 Ross Ave, Dallas, TX, spoke on behalf of Mr. Steve Koufos who lives at 1509 Cuttingham Ct. Mr. Hicks spoke in opposition of the request. Mr. Gene Cooley, 1412 Pinehurst Dr, Coppell, TX, spoke in favor of the request. Mr. Barlow addressed the Board for a second time to again seek approval for the proposed variance. Motion by Chairperson LeGros, second by Commissioner Crosby to approve the variance from Section 12-12-3 and Section 12-12-5 to allow an 8’ wide by 20’ deep structure on the west side of the property at 1513 Cuttingham Ct. AYE: None. NAY: LeGros, Perschbacher, Poe, Hirschy, Crosby. The motion failed 0-5. There being no further business, the meeting adjourned at 8:46 p.m. ____________________________________ Mark LeGros, Chairperson ATTEST: _________________________________________ Ashley Owens, Administrative Technician