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BM 2002-02-07 BOAMINUTES OF FEBRUARY 7, 2002 BOARD OF ADJUSTMENT The Board of Adjustment of the City of Coppell met on Thursday, February 7, 2002, at 7:30 p.m. in the Council Chambers of Town Hall, 255 Parkway Blvd. In attendance: David Stonecipher, Chairman Steven Wright, Commissioner Robert Chomiak, Commissioner John Hoppie, Alternate Commissioner David Terry, Alternate Commissioner Donald Perschbacher, Alternate Commissioner Applicants present: Mr. Thomas Church, 601 Loch Lane, Coppell Absent: Mark LeGros, Vice Chairman Norman Kressmann, Commissioner Robert Turk, Alternate Commissioner Also present: Greg Jones, Chief Building Official David Dodd, City Attorney Debbie Cravey, Admin. Support Supervisor Mr. Roberto Villa, 230 N. Denton Tap Road, Suite 106, Coppell Item 1: Call to Order. Chairman Stonecipher called the meeting to order at 7:30 p.m. Commissioners Terry, Perschbacher, and Hoppie were invited to serve on the Board in the absence of Commissioners LeGros, Kressmann, and the late arrival of Commissioner Chomiak. Item 2: Approval of minutes of December 6, 2001, meeting. Commissioner Wright pointed out an incomplete sentence in the last paragraph of page 2. Approval of the minutes was tabled until the next meeting, pending revision. The oath was administered by Chairman Stonecipher for all those wishing to speak in favor of, or in opposition to, the requests being heard tonight. Item 3: Public Hearing to consider approval of a variance request from Section 11-3-1 (B) and (C) of the City's Zoning Ordinance, for the property located at 601 Loch Lane. Mr. Thomas Church is requesting a 20-ft. rear yard variance (zero setback) and 18-ft., 6-in. sideyard variance (zero setback) to allow for the construction of a garage on the west side of the house, in this SF-12 zoned district. Greg Jones explained that he met with Mr. Church concerning this request for an expansion to the house, as well as the construction of a new two-car garage. He referred to the drawing included in the packet, reporting that the yellow section is a drainage/flood plain area that splits the lot, thereby somewhat limiting the applicant's options, regarding use of the front of the lot. He noted that the applicant's proposed layout shows the garage right in the corner of his lot. He explained that the garage is really the only part of this request that doesn't meet the setback requirements, however, it is on both a rear lot line and a sideyard lot line, which would equate to a zero setback on both sides. He further explained that this residential lot backs up to a light industrial district, comprised of the Duke- Weeks office/warehouse project. He added that he is not aware of any expansion plans by Duke- Weeks, but there is a Duke-Weeks representative available in the audience, this evening, to answer questions. He noted that although Staff is not opposed to this request, generally City planners prefer to see a buffer zone between industrial and residential, and it's unusual, in a situation like this, when a resident actually wants to build closer to an industrial zoned property. He added, however, that in this situation, there is a brick screening wall, landscape area, and parking lot separating the two properties. Greg Jones reported that it is his understanding that the two storage buildings --- one located outside the property line --- as well as a spa, would be removed if this variance request was granted and the construction of the new garage completed, as proposed. In conclusion, he commented that this property definitely has some topographical conditions that limit the options for expansion. Commissioner Wright asked for clarification on the location of the brick wall on the west side, and Greg Jones indicated that it was possibly 15 feet west of Mr. Church's property line. Chairman Stonecipher asked why the screening walls were built back from the property line, and Greg Jones replied that he was uncertain of the reason, but perhaps the Duke-Weeks' representative could answer that question. Chairman Stonecipher read the section of the Zoning Ordinance defining the Board's powers and duties. The applicant was invited to step forward to present his case. Thomas Church explained that he does not currently have a garage, and although the lot is approximately three-fourths of an acre, a substantial portion of it is unusable due to the location of the 100-year flood plain, as well as the large mature trees throughout the lot. Specifically, he explained that he wants to add a two-car garage, a master bedroom, and an additional bedroom. To answer an earlier question, Mr. Church reported that the screening wall on the west side is approximately 7 feet off his building line. Mr. Church showed photos and described the topography of his lot. Commissioner Hoppie asked about the storage building located on the north end, across his property line, and Mr. Church responded that before Duke-Weeks developed the property, the former property owner granted permission for him to place his storage building in that location. Later, as Duke-Weeks developed the property, they allowed the storage building to remain, and they even positioned the brick screening wall further north to allow for it. The hearing was opened to the public. Those wishing to speak in favor of the variance request were invited to come forward. Jeff Turner, representing Duke Realty Corp., explained that his company is the owner of the 141-acre Duke-Weeks parcel, adding that he supports Mr. Church's request. He indicated that because these circumstances are somewhat unique, he would like to think that these neighboring residents would be allowed to do a few out-of-the-ordinary things. He explained that the placement of the brick wall a few feet to the north was not a problem for Duke-Weeks, and in doing so, they were able to save more trees. In addition, he commented that the pond serves as a nice buffer between Mr. Church's property and the Duke-Weeks property. No one spoke in opposition to the variance request. Mr. Church was asked to return to the podium. Commissioner Wright asked about the size of the garage. Mr. Church displayed drawings showing the height and roofline of the garage, adding that it would be a single story garage. Commissioners Wright and Stonecipher asked Mr. Church if he would be opposed to two special conditions: 1) that the garage be a single story; and that the storage shed that is located on the other side of his property line, to the north, be removed. Mr. Church indicated his approval of both conditions, and also reported that the spa would be permanently removed. Commissioner Perschbacher asked if a slab would be constructed for the new addition, since the applicant reported in his application that a second story couldn't be added due to the pier and beam. Mr. Church responded that the new garage would be slab construction, but, depending on the cost, pier and beam may be chosen for the house addition, and if so, would be designed in such a way as to support any future construction. Commissioner Perschbacher asked if any designs were considered that incorporated living space over the garage, allowing the garage to be moved closer inward. Mr. Church responded that this option was considered, but in doing so, a number of trees would have to be removed and the turning radius into the garage would not have been acceptable. The hearing was closed to the public and opened to the Board for discussion. Motion was made by Commissioner Wright that the variance be granted, with the stipulation that the new garage be a single story in height and that the storage building be removed, as discussed previously. Motion was seconded by Commissioner Hoppie, and a vote was taken. Motion carried, 5 to 0. Variance granted. Item 4: Public Hearing to consider approval of a special exception from Section 31-6(28) of the City's Zoning Ordinance, for the property located at 230 N. Denton Tap Road, Suite 106. Mr. Roberto Villa, owner of 7 Salsas Tex-Mex Grill, is requesting the special exception to waive three of the required parking spaces needed for the expansion of this restaurant in the Eleanor's Square retail strip center. Chairman Stonecipher read the section of the Zoning Ordinance relating to the powers and duties of the Board as they relate to special exceptions. Greg Jones explained that letters of approval from the Planning and Zoning Commission and City Council are included in the packet, with final approval needed by this Board regarding the request to waive three required parking spaces. He further explained that the proposed expansion changes the parking ratio from 1:200 to 1:100 for restaurant usage, leaving a shortfall of three parking spaces. Greg Jones reported that the applicant plans to fully utilize a rear door opening into the back parking lot, whereas most of the lease spaces in this retail strip center do not have direct access to the rear parking lot. He further explained that for the granting of a special exception, the applicant simply needs to show that he does not need those additional three parking spaces. Commissioner Hoppie asked for clarification on the zoning of this district, and Greg Jones responded that it is Town Center zoning, and although there are no special limitations on the number of restaurants in a particular area, there are requirements with regard to parking. Commissioner Perschbacher asked if, when the number of parking spaces are determined, the configuration of the property is also considered. Greg Jones responded that the first consideration is determining the availability of parking on the parcel, and the parking ratio takes into consideration both front and rear parking lots. He added that, in this case, the Planning Dept. determined that the rear parking lot for this strip center is underutilized. Also considered were the peak hours of operation for this restaurant versus the business hours of the other tenants in this strip center. Commissioner Terry asked that, if granted, would the special exception be for 7 Salsas or for Eleanor's Square. Greg Jones replied that the special exception is tied to this particular lease space and use, and would not apply to another tenant in that space, due to the fact that the conditions may change. The applicant was invited to come forward to present his case. Roberto Villa reported that his suite is the only one in the strip center with rear door access, and he plans to encourage use of the rear parking lot, for both customers and employees, by installing an awning at the back door. Mr. Villa added that a sign at the front of the restaurant directs customers to the rear parking lot. In addition, he explained that his employees have been instructed to park their cars in the outer areas of the rear lot, allowing close-up parking for customers. Mr. Villa briefly summarized the daily pattern of parking lot use, explaining that Subway and several other businesses in the strip center have heavy daytime use, whereas 7 Salsas, Blockbuster Video, and the Smoothie Factory are the primary users of parking in the evenings. Chairman Stonecipher explained that the Board needs to know why the full provision of parking spaces is not needed, but knowing that 7 Salsas has direct access to the rear parking lot helps provide a solution. The hearing was opened to the public. No one spoke in favor of, or in opposition to, the special exception. The meeting was closed to the public, and opened to the Board for discussion. Commissioner Hoppie commented that he's never had a problem with parking availability for 7 Salsas. Commissioner Wright commented that he has definitely observed the under-utilization of the rear parking lot of Eleanor's Square, and the effort being made by Mr. Villa to promote the use of the rear parking lot helps compensate for the shortage of the three parking spaces. And, when asked if the other tenants were notified of this request, Greg Jones responded that actually the property owner is contacted, not necessarily the tenants. Motion was made by Commissioner Terry that the special exception be granted. Motion was seconded by Commissioner Hoppie, and a vote was taken. Motion carried, 5 to 0. Special exception granted. Item 5: Other Business. Greg Jones reported that two requests have already been received for the March 7th agenda. Chairman Stonecipher announced that he will be absent for the March 7th meeting. Adjournment. Motion was made by Commissioner Wright that the meeting be adjourned. Motion was seconded by Commissioner Hoppie, and a vote was taken. Motion carried, 5 to 0. Meeting adjourned. David Stonecipher, Chairman Mary Beth Spletzer, Recording Secretary