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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 1 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. 2 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. rd 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 3 4