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BM 2000-10-05 BOAMINUTES OF OCTOBER 5, 2000 BOARD OF ADJUSTMENT The Board of Adjustment of the City of Coppell met on Thursday, October 5, 2000, at 7:30 p.m. in the Council Chambers of Town Center, 255 Parkway Blvd., Coppell, Texas. In attendance:Absent: David Stonecipher, ChairmanRobert Chomiak, Commissioner Mark LeGros, Vice ChairmanJohn Hoppie, Alternate Commissioner Jamshed Jamadar, CommissionerRobert Turk, Alternate Commissioner Steven Wright, CommissionerNorman Kressmann, Alternate Commissioner David Terry, Alternate Commissioner Also present:Greg Jones, Chief Building Official Mary Beth Spletzer, Recording Secretary Applicants present:Scott and Sharon Watts, 900 DeForest Road, Coppell William Macrum, Chandler Signs, San Antonio Item 1: Call to Order. Chairman Stonecipher called the meeting to order at 7:30 p.m. Commissioner Terry was invited to serve on the Board, in the absence of Commissioner Chomiak. Item 2: Approval of Minutes of August 3, 2000 Meeting. Minutes of the August 3, 2000 meeting were presented for approval. Motion was made by Commissioner Jamadar that the minutes be approved. Motion was seconded by Commissioner LeGros, and a vote was taken. Motion carried, 5 to 0. Item 3:Election of Chairman and Vice Chairman. Motion was made by Commissioner LeGros to re-elect David Stonecipher as Chairman. Motion was seconded by Commissioner Jamadar, and a vote was taken. Motion carried, 5 to 0. Motion was made by Commissioner Wright to re-elect Commissioner LeGros as Vice Chairman. Motion was seconded by Commissioner Jamadar, and a vote was taken. Motion carried, 5 to 0. Chairman Stonecipher administered the oath for all members of the audience wishing to speak either for or against the requests being presented at this meeting. Chairman Stonecipher explained that Item #5 would be considered first, due the fact that the applicant for Item #4 had not yet arrived. 1 Item 5: Public Hearing to consider approval of a variance request from Section 29-4-3(C) 102 N. Denton Tap of the City’s Zoning Ordinance, for the property located at Road . Mr. Bryan Ziegler, representing Chandler Signs, on behalf of Frost Bank, is requesting a variance to allow the installation of attached signs to the canopy on the east side of the attached drive-thru banking facility. Greg Jones referenced two sections of the Zoning Ordinance: Section 29, which refers to attached signage; and Section 39-2-3(S), which outlines requirements for approval of a site plan. He noted that canopy signs are not allowed by Ordinance, and, in this case, the proposed attached sign did not appear on the elevation drawings during the site plan review by P & Z and the Council. He added that Staff recommends denial, due to the fact that a property hardship does not exist, and the only criteria appear to be the need for increased visibility. Discussion focused on the definition of a “canopy”, as well as whether the applicant had already met his sign square footage limitations with the three existing signs. The applicant was invited to step forward to present his case. Bill Macrum, of Chandler Signs, Inc., indicated that his company works with Frost Bank, statewide, for signage needs. In this situation, he explained that there are two “mixed use” driveways along Sandy Lake to the east of this motor bank, and people entering from either of those driveways, or from the Tom Thumb retail center, do not have the benefit of rear entry identification for the motor bank. He explained that because the drive-thru bank is architecturally tied into the building, this proposed sign should more accurately be defined as a wall sign, rather than a canopy sign. He added that most of the business for Frost Bank enters through the motor bank, so there is a need for identification from the east. Public Hearing was opened to the public. No one spoke in favor of or in opposition to the variance request. Public Hearing was closed to the public and opened to the Board for discussion. Motion was made by Commissioner LeGros to deny the variance request. Motion was seconded by Commissioner Terry, and a vote was taken. Motion carried, 5 to 0. Variance denied. Item 4: Public Hearing to consider approval of a variance request from Section 9-2-6(D) 900 DeForest Road of the City’s Code of Ordinances, for the property located at . Mr. Scott Watts is requesting a 37-ft. variance to the 50-ft. front yard setback, for this SF-12 zoned district, to allow for an extension of the animal pen fencing to the south. Greg Jones explained that this property was purchased with the intention of keeping horses. The homeowners want to construct a new four-rail pipe fence for a training pen that would extend 37 feet beyond the front building line. He added that the Zoning Ordinance does not allow for the construction of fences in front yards. He reported that this property was originally zoned “agricultural”, requiring a 40-ft. front yard setback, and it was recently re-zoned to “SF-12”, requiring a 30-ft. front yard setback. He explained that the homeowners determined the front building line by voluntarily build the house at the 50-ft. front yard setback. 2 Greg Jones added that because this request is actually self-imposed and lacks a property hardship, Staff does not recommend approval. The applicant was invited to step forward and present his case. Scott and Sharon Watts presented their case. Ms. Watts explained that they chose the 50-ft. setback because they assumed DeForest Road would be widened and improved in the future; they did not realize, at the time, that they were determining the setback for fencing, as well. She added that when the property was purchased, there was barbed wire fencing around the property just 5-ft. from the road. Mr. Watts explained that 5.3 acres are located in the 100-year floodplain, adding that the front of this property was built up considerably out of the floodplain for the house and barn, and there is no other flat land on which to build the training pen. Mr. and Mrs. Watts further described the requirement for the retention pond, as well as the slope easement on the property. They noted that there is a thick treeline between their property and the parcel to the east. Public Hearing was opened to the public. Speaking in favor of the variance request was Wayne Hill, of 908 Brentwood. He explained that his backyard faces this property, and the property has been tastefully developed. He indicated that he would have no objection to the corral expansion, as proposed by Mr. and Mrs. Watts. No one spoke in opposition to the variance request. The meeting was closed to the public and opened to the Board for discussion. The meeting was re-opened and the applicants were asked to return to the podium for additional questions. Discussion centered on whether the existing non-conforming barbed wire fence that runs along the front of the property will be allowed to remain. In order to maintain the “grandfather status” of the fence, Mrs. Watts indicated that they will keep the existing front yard wire fence until they are ready to replace it with an 18-inch entryway and privacy gate, as was discussed at a recent Planning and Zoning Meeting. Discussion continued around the screening of adjoining properties, and the need to maintain the frontages for a pleasant linear look along DeForest. The applicant presented the plans showing the development of the property to the east. The meeting was closed to the public and re-opened to the Board for discussion. Chairman Stonecipher asked the applicants if they would consider a variance of less than the requested 37 feet, and they indicated they would. Motion was made by Commissioner LeGros to grant a 20-ft. variance, rather than the requested 37-ft. variance, from the front property line. Motion was seconded by Commissioner Wright, and a vote was taken. Motion carried, 5 to 0. A variance was granted for 20-ft. from the property line. 3 Other Business. Greg Jones introduced the newest board member, David Terry. Greg Jones updated the Board members on future hearings. It was suggested that the annual training session, conducted by the City Attorney, be scheduled during the month of November. Commissioner Wright asked about the outcome of the Park ‘n Fly project in which the Board denied the variance request, approximately a year ago, to eliminate the requirement for 80 percent masonry coverage of the piers used in the proposed shade structure. Greg Jones indicated that he would follow up on this project and report back to the Board. Adjournment. Motion was made by Commissioner LeGros that the meeting be adjourned. Motion was seconded by Commissioner Wright, and a vote was taken. Motion carried, 5 to 0. Meeting adjourned. __________________________________________ David Stonecipher, Chairman __________________________________________ Mary Beth Spletzer, Recording Secretary 4