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BM 2001-02-01 BOAMINUTES OF FEBRUARY 1, 2001 BOARD OF ADJUSTMENT The Board of Adjustment of the City of Coppell met on Thursday, February 1, 2001, at 7:30 p.m. in the Conference Room of the Fire Administration building, 500 Southwestern Blvd. In attendance: David Stonecipher, Chairman Steven Wright, Commissioner Robert Turk, Alternate Commissioner John Hoppie, Alternate Commissioner Norman Kressmann, Alternate Commissioner Absent: Mark LeGros, Vice Chairman Jamshed Jamadar, Commissioner Robert Chomiak, Commissioner David Terry, Alternate Commissioner Also present: Greg Jones, Chief Building Official Mary Beth Spletzer, Recording Secretary Applicants present: Rory Carrick, 456 E. Sandy Lake Road, Coppell Cindy Jacobs, 112 Fleetwood Cove, Coppell Item 1: Call to Order. Chairman Stonecipher called the meeting to order at 7:30 p.m. 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. Item 2: Approval of Minutes of January 4, 2001 Meeting. Minutes of the January 4, 2001 meeting were presented for approval. Motion was made by Commissioner Kressmann that the minutes be approved. Motion was seconded by Commissioner Wright, and a vote was taken. Motion carried, 5 to 0. Minutes approved. Item 3: Public Hearing to consider approval of a variance request from Section 11-3-2-C of the City's Zoning Ordinance and Section 9-2-6(D) of the City's Code of Ordinances, for the property currently known as 456 E. Sandy Lake Road. Rory Carrick is requesting a variance to the minimum required lot depth for SF-12 zoned lots, and a variance to place a 4-ft. high wrought iron fence, in what has been established as the front yard, from the east property line to the southeast corner of the house, which will face Lodge Road, in order to provide a pool enclosure on the property. Greg Jones explained that this property was once a single parcel, but is now zoned as Lots 1 and 2 of Block A, adding that the property owner currently resides in the wood frame house at the south end (lot 1) of the property. He explained that this project was approved by City Council and platted, but, in order to comply with SF-12 zoning requirements, a minimum lot depth of 110 feet is required; whereas this lot currently measures only 96 feet in depth, the property owner is requesting a variance to the required lot depth. Regarding the second portion of the request, Greg Jones explained that when the new house is constructed on lot 2, the frontage will be along Lodge Road. There is an existing "grandfathered" wrought iron fence extending north and south in what will be the front yard. The applicant is requesting a variance to construct a section of 4-ft. high wrought iron fence from the east property line to the southeast corner of the house to connect with the existing fence and form a pool enclosure. He reported that Staff recommends approval of this two-part request. The applicant was invited to step forward to present his variance request. Rory Carrick explained that his intent with this parcel is to maintain the look of one property. He added that the fencing will match the existing fence, and a sidewalk will be constructed along Lodge Road. He added that without the fence variance, he would be unable to provide the required pool enclo sure. Meeting was opened to the public. No one spoke in favor of or in opposition to the variance request. Andrew Lewis, of 344 Cedar Crest Drive, speaking on behalf of the Pecan Ridge Homeowners Association, commented that it would be the association's desire that any new sections of fencing match the existing stone and wrought iron of the adjacent Pecan Ridge subdivision perimeter fence. Public Hearing was closed to the public and opened to the Board for discussion. Motion was made by Commissioner Wright to grant the two-part variance, as requested. Motion was seconded by Commissioner Kressmann, and a vote was taken. Motion carried, 5 to 0. Variances granted. Item 4: Public Hearing to consider approval of a variance request from the developer's plat note #3, requiring a 10-ft. sideyard fence setback on lots adjacent to side streets, for the property located at 112 Fleetwood Cove. Cindy Jacobs is requesting a variance to extend the fence and angle it, beyond the required 1 O-ft. minimum sideyard fence setback, in order to preserve a Post Oak treeline on the north side of the house, and to provide access to the strip of land between the stone walls for maintenance purposes. Greg Jones explained that a retaining wall was constructed on the north side of the house along Hickory Ridge Drive. He referred to the developer' s note #3 on the plat, which indicates that "the fence setback will be enforced on the side yard adjacent to the side street on all corner lots", which, in this case, applies to the Hickory Ridge side. He reported that the fence builder had already starting setting fence posts when the problem was discovered. The fence builder then left those posts standing, but moved the fence inward, finishing the fence construction on the 10- ft. setback line, as required. He added that the property hardship, in this situation, is somewhat self-imposed, but is also affected by the builder's placement of the stone retaining wall as an architectural feature. The applicant was invited to step forward to present her case. Cindy Jacobs reported that they purchased the home from the builder at the foundation stage, after the location of the retaining wall had been determined. She explained that the blue line on the drawing indicates the position of the proposed fence, and the red line indicates the position of the existing fence. Ms. Jacobs presented several issues in favor of the variance request: 1) for aesthetic purposes, there is a need to maintain the non-frosted bathroom window, as well as the two air conditioning units, within the fenced-in area; 2) the fence would not interfere with corner visibility; 3) for maintenance purposes, there is no way to access the grassy strip that rises 4 to 5 feet above the remainder of the yard; and 4) there are five Post Oak trees that could be disturbed by the fence post hole-drilling process. The meeting was opened to the public. No one spoke in favor of or in opposition to the variance request. The meeting was closed to the public, and opened to the Board for discussion. Discussion continued on the placement of the fence in relation to the retaining wall and the trees. Motion was made by Commissioner Wright to deny the variance request. Motion was seconded by Commissioner Kressmann, and a vote was taken. Motion failed, 3 to 2, with Commissioners Turk and Hoppie voting in opposition. Motion was made by Commissioner Hoppie to gram the variance, only as it applies to the raised portion of the retaining wall. Motion was seconded by Commissioner Turk, and a vote was taken. Motion failed, 2 to 3, with Commissioners Stonecipher, Kressmann, and Wright voting in opposition. Variance request denied. Item 5: Greg Jones reported that two variance requests are likely to appear on the March 1st agenda of Board of Adjustment, adding that the Building and Standards Commission will meet on the same evening to discuss the property located at 125 Kimbel Kourt. Tentatively, the Building and Standards Commission will meet at 7 p.m., followed by Board of Adjustment at 8 p.m. Adjournment. Motion was made by Commissioner Kressmann that the meeting be adjourned. Motion was seconded by Commissioner Turk, and a vote was taken. Motion carried, 5 to 0. Meeting adjourned. David Stonecipher, Chairman Mary Beth Spletzer, Recording Secretary