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BM 2001-12-06 BOAMINUTES OF DECEMBER 6, 2001 BOARD OF ADJUSTMENT The Board of Adjustment of the City of Coppell met on Thursday, December 6, 2001, at 7:40 p.m. in the Council Chambers of Town Hall, 255 Parkway Blvd. In attendance: David Stonecipher, Chairman Steven Wright, Commissioner Robert Chomiak, Commissioner Norman Kressmann, Commissioner John Hoppie, Alternate Commissioner David Terry, Alternate Commissioner Donald Perschbacher, Alternate Commissioner Absent: Mark LeGros, Vice Chairman Robert Turk, Alternate Commissioner Also present: Greg Jones, Chief Building Official Mary Beth Spletzer, Recording Secretary Applicants present: Jason and Laura Stewart, 1400 Falls Road, Coppell Item 1: Call to Order. Chairman Stonecipher called the meeting to order at 7:40 p.m. Item 2: Swearing-in Ceremony. Chairman Stonecipher performed the swearing-in ceremony for Commissioner John Hoppie. Item 3: Approval of minutes of October 4, 2001, meeting. Motion was made by Commissioner Kressmann to approve the minutes of the October 4, 2001, meeting. Motion was seconded by Commissioner Chomiak, and a vote was taken. Motion carried, 5 to 0. Minutes approved. The oath was administered by Chairman Stonecipher for all those wishing to speak in favor of or in opposition to the request being heard tonight. Commissioner Terry was invited to serve on the Board in the absence of Vice Chairman LeGros. Item 4: Public Hearing to consider approval of a variance request from Section 9-2-6(D) of the City's Code of Ordinances, for the property located at 1400 Falls Road. Mr. Jason Stewart is requesting a 15-ft. variance to extend his sideyard fence forward, approximately 60 feet, along Longmeadow Drive, from the driveway, southward, to allow for the installation of a fence and driveway gate, and to enclose the air conditioning units. The previous property owner was granted a 15-ft. sideyard variance to the 25-ft. building line, extending approximately 65 feet, for this lot in April 1999. Greg Jones distributed a letter that had been received in favor of this variance request. He provided background information regarding the first variance, explaining that when the fence was first constructed, it was incorrectly placed, by the builder, along the property line on Longmeadow Drive. When the City was made aware of the mistake, the homeowners decided to request a variance 1 to allow the fence to remain as it was constructed. The property owners were granted a 15-ft. variance to the 25-ft. building lime, allowing the fence to be moved back to the 10-ft. utility easement line. Greg Jones further explained that the proposed widening of the driveway is not part of this variance request, but can simply be approved through the normal permitting process. He added that the existing fence runs along the north corner of that drive, and the applicant would like to add a driveway gate, as well as extend the fence southward to enclose the two air conditioning units. Greg Jones indicated that there does not appear to be a property hardship in this situation, so Staff does not recommend approval of this request. The applicant was invited to step forward to present his case. Jason Stewart commented that when he and his family first moved into this house, the comment he got, almost immediately, from several neighbors, was to ask when he planned to enclose the air conditioning units. Mr. Stewart reported that he went to all of his neighbors, within view of his house, asking for their input regarding this request. He presented a letter, signed by approximately 15 neighbors, favoring approval of this variance request. Mr. Stewart was asked if he had considered any other options for screening the air conditioning units, and he responded that the screening of the air conditioning units was not the only reason for the variance. He added that he needs to widen the driveway, due to the fact that the existing two-lane driveway configuration does not allow for easy access to the three-car garage. Referring to the drainage problems that were discussed when the first variance was considered, Mr. Stewart indicated that a French drain was installed to resolve those problems. In addition, he reported that the homeowner's association has approved his current plans for the extension of the fence and the widening of the driveway. Laura Stewart commented that although they have a three-stall garage, the width of their driveway only allows for two cars. Because their house adjoins the park, and because the grade for the rear section of the fence is so low, everyone walking by in the park can easily see into their backyard and into their house. She added that they need the 8-ft. fence to maintain some type of privacy, and while they're in the process of constructing a higher fence, they'd like to construct the extensions to the driveway and the fence at the same time. The hearing was opened to the public. No one spoke in favor of, or in opposition to, the variance request. Chairman Stonecipher read a portion of Section 41 of the City's Zoning Ordinance, regarding authority of the Board. Commissioner Wright commented that the reason for imposing setbacks is to maintain openness along the streets. He added that in granting the previous variance, the openness was slightly obstructed by granting the variance, and now, the Board is being asked to further perpetuate this situation. Chairman Stonecipher commented that the variance, granted in 1999, was determined, by the Board, to have a property hardship, due to unusual changes in elevation and grading from the driveway backward. Commissioner Terry asked if any of the issues that were deemed to be a hardship before were still in existence, today, and Chairman Stonecipher replied that the only issue considered by the Board was the variance request in April 1999. Chairman Stonecipher added that the Board likes to maintain consistency of fencelines within neighborhoods, so the location of fences on neighboring lots is a consideration. He added that this situation at 1400 Falls Road was unique, at that time, because of the location of the park behind the house. Commissioner Wright commented that he was concerned about the long length of this proposed fence in a "front view" location, noting that with the addition of the electric gate, the length of this fence would be doubled, not to mention the increase in height. Chairman Stonecipher responded that the height of the fence and the addition of a driveway gate have no bearing on this request. Greg Jones also reported that although a driveway gate could be installed on the existing driveway, he would need to check with the City Attorney' s Office before approving a permit for a gate to accommodate an even wider driveway. Chairman Stonecipher further commented that, for this purpose, this fence could more likely be defined as "screening", rather than "fencing", by definition of the Ordinance. Commissioner Chomiak commented that, from a hardship standpoint, he could possibly justify the extension of the fence just beyond the wider driveway, but, it's the part between the driveway and the air conditioning units that is questionable. Chairman Stonecipher noted that a factor to consider is the approval by the neighbors, since many of them have already lived with the fence, as it now exists, and they would be most affected by these changes. Commissioner Wright added that the driveway, as it exists, is a self-imposed situation, because the property owners chose to purchase this property. Commissioner Terry reported that he felt the sampling of the neighbors might speak to the issue of substantial justice, and compliance with the spirit of the Ordinance. Motion was made by Commissioner Terry to grant the variance. Motion was seconded by Commissioner Chomiak, and a vote was taken. Motion was denied, 3 to 2, with Commissioners Wright and Kressmann voting in opposition. Variance denied. Item 5: Other Business. Greg Jones reported that no variance requests had been received, as yet, for the January hearing. Adjournment. Meeting adjourned with a vote of 5 to 0. David Stonecipher, Chairman Mary Beth Spletzer, Recording Secretary