BM 2001-04-05 BOAMINUTES OF APRIL 5, 2001
BOARD OF ADJUSTMENT
The Board of Adjustment of the City of Coppell met on Thursday, April 5, 2001, at 7:30 p.m. in
the Council Chambers of Town Hall, 255 Parkway Blvd.
In attendance:Absent:
David Stonecipher, ChairmanRobert Turk, Alternate Commissioner
Mark LeGros, Vice ChairmanJohn Hoppie, Alternate Commissioner
Jamshed Jamadar, Commissioner
Steven Wright, CommissionerAlso present:
Robert Chomiak, CommissionerGreg Jones, Chief Building Official
Norman Kressmann, Alternate CommissionerMary Beth Spletzer, Recording Secretary
David Terry, Alternate Commissioner
Applicant present:
Deryell Sparks, 579 Havencrest Lane, Coppell
Ken Eason, Eason Petroleum, Irving
Item 1: Call to Order.
Chairman Stonecipher called the meeting to order at 7:35 p.m.
Chairman Stonecipher administered the oath for all members of the audience wishing to speak
either for or against the request being presented at this meeting.
Item 2:
Approval of Minutes of March 1, 2001 Meeting
Motion was made by Commissioner Wright to approve the minutes of the March 1, 2001
meeting. Motion was seconded by Commissioner LeGros, 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 32-3 of
579 Havencrest Lane
the City’s Zoning Ordinance, for the property located at .
Mr. Deryell Sparks is requesting a variance to allow for the construction of a new
accessory building to replace an old non-conforming accessory building located
within the front yard setback of this SF-7 zoned lot.
Greg Jones reported that a City inspector recently observed the construction of a new accessory
building within the front yard setback on this corner lot, and there was no building permit on file.
Staff met with the property owner and learned that this new building replaced an old, rotted-out
accessory building in the same location. He reported that the current Ordinance does not allow
construction of an accessory building within a front yard setback. He added that the old
accessory building had non-conforming rights, with regard to location, due to the fact that it pre-
dated the current Ordinance. He added, however, that those rights were extinguished when the
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old building was removed. He referred to the Staff Briefing Notes included in the packets,
adding that Staff recommends denial, due to potential visibility problems created not only by the
accessory building, but by the corner fence, which is also non-conforming. He added that when
the applicant decides to replace the existing fence, it also must be moved back.
The applicant was invited to step forward to present his case.
Deryell Sparks explained that, while constructing his new accessory building, he was not aware
that a building permit was needed until he received a red tag from a City inspector. He indicated
that TXU has a 16-inch gasline running through his property, but they have stated, in writing,
that they do not have a problem with the location of the accessory building. Mr. Sparks shared a
letter from a neighbor, Joe Shirley, of 582 Villawood, indicating his approval of the request. In
addition, Mr. Sparks explained that the existing location of his accessory building would allow
him to build a backyard pool in the future.
Debbie Sparks, also of 579 Havencrest Lane, made a further comment about the location of the
fence, should it need to be replaced.
The meeting was opened to the public. No one spoke in favor of or in opposition to the request.
The meeting was closed to the public and opened to the Board for discussion.
Motion was made by Commissioner Wright that the variance request be granted to allow the
accessory building to remain within the front yard setback. Motion was seconded by
Commissioner LeGros, and a vote was taken. Motion failed, 3 to 2, with Commissioners
Stonecipher, Wright, and Jamadar voting in opposition. Variance denied.
Item 4:
Public Hearing to consider approval of a sideyard variance request and a
400 S. Denton Tap Road
landscape variance request for the property located at .
Mr. Kenneth D. Eason, on behalf of Eason Petroleum, Inc., is requesting the two-
part variance, as depicted on the site plan and as approved by the Coppell City
Council on February 13, 2001.
Greg Jones explained that the building on this parcel is in existence, and this project has been
through the City Council and Planning and Zoning Commission approval processes to allow the
re-occupancy of this building by a Texaco service station and convenience store. He added that
the only remaining approvals are those of a variance to the sideyard setback on the south side,
and a variance to the overall landscape requirement, both of which require Board of Adjustment
approval.
It was noted that a similar variance request for this property was granted a couple of years ago.
Greg Jones confirmed that although a previous request had been granted, it was associated with a
plan that has since expired. He added that this current request is slightly different, and an up-to-
date Board of Adjustment ruling has been requested by City Council.
To clarify, Greg Jones explained that this project meets all setback requirements except on the
south side. He added that the landscape variance request involves a shortfall in the landscaping
requirement, as depicted on the current site plan.
The applicant was invited to step forward to present his case.
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Ken Eason, representing Eason Petroleum, indicated that this request was heard by the Board
approximately two years ago. He also reported that he plans to close two of the four existing
ingress/egress areas. With regard to landscaping, he reported that he does not plan to skimp on
landscaping, and will develop this property to present a good image for the City. Regarding the
common use of the driveway on the south side, Mr. Eason indicated that he has access to his
property through a deeded easement.
The meeting was opened to the public.
Speaking in favor of the variance request was Edward Gaddy, who owns the property on the
south side, between this lot and Bethel School Road. Mr. Gaddy indicated that he wants to see
this property developed, and is in favor of the sideyard setback variance request on the south
side.
No one spoke in opposition to the variance request.
The meeting was closed to the public, and opened to the Board for discussion.
Greg Jones was asked if granting this variance would perpetuate a non-conforming use, and he
responded that it is a conforming use (Commercial zoning with a Special Use Permit), but the
existing building does have a few non-conforming features, such as masonry coverage and
setback requirements. He added, however, that granting the variance would grant the right to
exist with those non-conformities.
Motion was made by Commissioner Chomiak that the request be granted for a variance to the
sideyard variance on the south side, as well as for landscaping, per the site plan. Motion was
seconded by Commissioner Wright, and a vote was taken. Motion carried 4 to 0, with
Commissioner Jamadar abstaining. Variance granted.
Item 5:Other Business.
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Greg Jones updated the Board regarding the May 3 meeting.
Adjournment.
Motion was made by Commissioner Jamadar that the meeting be adjourned. Motion was
seconded by Commissioner LeGros, and a vote was taken. Motion carried, 5 to 0. Meeting
adjourned.
__________________________________________
David Stonecipher, Chairman
__________________________________________
Mary Beth Spletzer, Recording Secretary
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