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BM 2002-05-02 BOAMINUTES OF MAY 2, 2002 BOARD OF ADJUSTMENT The Board of Adjustment of the City of Coppell met on Thursday, May 2, 2002, at 7:30 p.m. in the Council Chambers of Town Hall, 255 Parkway Blvd. In attendance: David Stonecipher, Chairman Mark LeGros, Vice Chairman Steven Wright, Commissioner Norman Kressmann, Commissioner Robert Chomiak, Commissioner David Terry, Alternate Commissioner Donald Perschbacher, Alternate Commissioner John Hoppie, Alternate Commissioner Robert Turk, Alternate Commissioner Also present: Greg Jones, Chief Building Official Mary Beth Spletzer, Recording Secretary Applicants present: Mr. Dewayne Randle, 113 Cascade Way, Coppell Ms. Lisa Cunov, 914 E. Bethel School Road, Coppell Item 1: Call to Order. Chairman Stonecipher called the meeting to order at 7:30 p.m. Item 2: Approval of minutes of March 7, 2002, meeting. Motion was made by Commissioner Kressmann to approve the minutes of the March 7, 2002, meeting. Motion was seconded by Commissioner LeGros, and a vote was taken. Motion carried, 5 to 0. Minutes approved. The oath was administered by Chairman Stonecipher for 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 35-2(B) of the City's Zoning Ordinance, for the property located at 113 Cascade Way. Mr. Dewayne Randle is requesting a three- part variance, as follows, for an accessory building, 150 sq. ft. in area or more, in this SF-9 zoned district: a) Section 35-2(B)(1): A 1-ft. variance to the required 12-ft. maximum height allowance for accessory buildings; b) Section 35-2(B)(2)(a)(i): A 13-ft. variance to the required 20-ft. rear setback when an accessory building is a garage or carport with rear alley access; and c) Section 35-2(B)(3): A variance to waive the 80 percent exterior masonry requirement. Greg Jones reported that this request involves location, height and masonry coverage of an accessory building. He provided background information, stating that the applicant applied for a permit on Sep. 11, 2000, for a free-standing shade arbor with four support columns; the permit was approved the same day. He added that the plans submitted with the permit were sketchy and did not include any wall sections, structural details, or building elevations, as would normally be required for the type and size of structure that was actually built. Greg Jones further explained that on Sep. 19, 2001, after the permit for the shade arbor had expired, his office received a complaint that a garage was being built too close to the property line at 113 Cascade Way. The property owner was asked to stop construction, pending follow-up by City inspectors. It was determined that a garage was being built on the same site permitted for the shade arbor, and Greg Jones reported that his office had not been contacted for a permit or for any inspections during the construction. The applicant was invited to step forward to present his case. Dewayne Randle explained his three-part variance request. Regarding the variance to the height restriction, he indicated that he needs a one-foot variance to the maximum 12-ft. allowable height. Referring to the setback issue, he commented that the 20-ft. setback requires structures to be placed 7 feet from the rear property line, adding that the actual intent of this requirement is to prevent cars from projecting into the alleyway. In his situation, Mr. Randle explained that access to his arbor is swing-in, rather than drive-in, so it will not interfere with alley access. He reported that it was built as a dual-use facility --- a shaded play area for his children and a carport. He explained that because solid masonry reduces the %penness" look, it was his intention to build a quality structure, but keep it as open and unobtrusive as possible. Mr. Randle added that when the percentage of masonry of his house (93 percent) is averaged with the percentage of masonry of this new structure (11 percent), the result is 86 percent. Mr. Randle reported that the drawing included in the packets is not the drawing that was approved by the inspector, adding that this structure was built, properly, on the site as it appears, today, and per the approved drawings, which he displayed. He reported that altering this structure, now, would create a hardship for him, because it would result in approximately 50 percent of the structure being unusable. Mr. Randle commented that the quality of this structure adheres to the intent of the Zoning Ordinance. Commissioner LeGros asked why the work was started after 180 days, and Mr. Randle reported that, for access purposes, he couldn't begin the shade arbor until the pool was finished, resulting in a time lapse between the time that the foundation was poured and the framing was started. Commissioner LeGros further asked when the changeover took place from a shade arbor to a garage, and Mr. Randle responded that the City inspector completed the permit application for him, and chose to use the term ;;shade arbor", after reviewing his plans. Commissioner Chomiak asked about the sketch that was attached to the permit, and Mr. Randle indicated that it was simply a ;;possibility" sketch that was previously discussed with a City inspector, prior to permitting, and was not the drawing approved with the permit. He displayed a copy of the drawing he received at the time of permitting, as well as photos of his partially-constructed structure. Commissioner Wright asked Mr. Randle for further clarification on which set of plans was actually approved with the permit. Chairman Stonecipher asked about the lattice-work areas shown on the drawing, as well as the decision to keep the structure open at two ends, and Mr. Randle indicated that, when completed, there will be a lattice arbor on each side of the opening, but the two ends will remain open with no garage doors. The meeting was opened to the public. Speaking in favor of the variance request was Chuck Grady, of 109 Cascade Way. Mr. Grady commented that it was a very attractive structure. Speaking in opposition to the request was Tim Martin, of 120 Meadowglen. As an alley neighbor to this property, Mr. Martin reported that the driveway and foundation at 113 Cascade Way were poured at the same time, and the structure was designed to be a carport, adding that even though it's not enclosed now, it will be, eventually, and he believes this was always the intention. He also reported that the lattice arbors are already in place. He explained that the roofline of this structure is only about one foot from the rear fenceline. Mr. Martin voiced his concern that other property owners along Cascade Way will want to do similar expansions, considering the lot depths along Cascade Way and the tremendous potential for growth. He added that because there is a major price difference between the two-story homes on Cascade Way and the one-story homes across the alley, the setbacks are an important issue. Also speaking in opposition was Debbie Milczewski, of 116 Meadowglen. She reported that she is Mr. Randle's backdoor neighbor, adding that she has a concern that if this variance is granted, there will be others to follow in this community, especially considering the depth of the lots on Cascade Way. Commissioner Chomiak requested clarification on setback issues, asking if an accessory building would be in compliance at the 10-ft. setback line, and Greg Jones responded that it would comply for a non-carport structure. He added that accessory buildings, over 300 sq. ft., are required to hold the same setbacks as the main structure. Mr. Randle returned to the podium to clarify measurements on the drawing, as well as to emphasize that the building is designed as an area to park cars, but the overhang is not wide enough to support a garage door or garage door opener mechanism. Likewise, due to the size of the building, garage doors could not be installed at both ends of the building. The hearing was closed to the public, and opened to the Board for discussion. Commissioner Chomiak made a motion that the variance request be split into three separate motions. Motion was seconded by Commissioner Wright, and a vote was taken. Motion carried, 4 to 1, with Commissioner Kressmann voting in opposition. Motion was made by Commissioner Chomiak to grant the 1-ft. variance to the 12-ft. maximum height allowance. Motion was seconded by Commissioner Wright, and a vote was taken. Motion did not pass, 4 to 1, with Commissioners Stonecipher, LeGros, Wright, and Kressmann voting in opposition. Variance denied. Motion was made by Commissioner Chomiak to grant a 10-ft. variance to the required 20-ft. rear setback, rather than the requested 13-ft. variance. Motion was seconded by Commissioner LeGros, and a vote was taken. Motion did not pass, 3 to 2, with Commissioners Wright and Kressmann voting in opposition. Variance denied. Motion was made by Commissioner LeGros to deny the variance to waive the 80 percent exterior masonry requirement. Motion was seconded by Commissioner Kressmann, and a vote was taken. Motion carried, 5 to 0. Variance denied. Item 4: Public Hearing to consider approval of a variance request from Section 11-2 of the City's Zoning Ordinance, for the property located at 413 Bethel School Road. Ms. Lisa Cunov is requesting a variance to allow for the construction of a three-story house, including basement, in this SF-12 zoned district. Maximum height regulations are 35 feet, or no more than two and one-half stories high. Greg Jones displayed additional drawings from the applicant, reporting that this vacant lot is located on the south side of Bethel School Road, pointing out the drainage channel and curved inlet that allow the water to flow near Duck Pond Park. He noted that the lot slopes dramatically, and the applicant is attempting to design a home to fit the slope and keep the fill to a minimum, while preserving as many trees as possible. He pointed out the section of the house that would be three-story, as well as the central circular stairway that connects the three levels, adding that the street floor is the only full floor; the other two stories are partial floors. He explained that although this house would appear to be a two-story from Bethel School Road, and complies with the City's 35-ft. maximum allowable height, it would require a variance to the City's 2-1/2 story limitation. He reported that Gary Sieb, the City's Planning Director, reviewed the plans and didn't feel that the design of the house would be too obtrusive. Greg Jones added, however, that there are drainage and elevation issues that will be need to be resolved through the City's Engineering Dept. Commissioner LeGros asked if a drawing is available showing the back of the house, and Greg Jones replied that only a front elevation drawing was provided. Commissioner LeGros asked how the 2-1/2-story restriction developed, and Greg Jones responded that when the Ordinance was developed, City planners were likely concerned about having buildings that were too tall. Commissioners Wright and Kressmann asked for clarification on the classification of "basement" and a "half story", and Greg Jones replied that normally the 35-ft. height restriction is enough of a limiting factor and the number of stories does not become an issue. In this case, however, the 35 feet is measured from the grade level, so although this house fell below the 35-ft. maximum, it exceeds the 2-1/2 story restriction. He further explained that, by Ordinance, the basement is classified as a story. Commissioner LeGros asked if there are special building requirements for a residential dwelling over 2-1/2 stories, and Greg Jones replied that a wood frame house of three stories would require fire sprinkler protection. The applicant was invited to step forward to present her case. Lisa Cunov explained that they chose this walk-out basement design so they could preserve approximately 74 trees and maintain the character of the lot, rather than filling in 12-ft. drop, grading the lot, and losing or moving a lot of the trees. Clay Nelson, of 6400 Riverside, architect for the project, explained that they were faced with a sloping property that presented many opportunities. The options were to re-grade the lot and create a pad, or construct a large masonry retaining wall. Their preference, he explained, was to gracefully interact with the natural grade of the lot. He reported that there is actually only a 13-ft. wide section of the house that is a full three stories, from second floor eave to walk-out basement; otherwise, the grade wraps around a portion of the walk-out, so there's only a minimal third floor impact. Mr. Nelson announced that there is no sketch available, as yet, of the rear view of the property. Commissioner Kressmann asked about the possibility of a continuation of the lower floor to the east to eliminate the need for the third story. Mr. Nelson explained that although it's a possibility, one of the things to consider is the way the pool interacts with the main level, and in making this type of change, the amount of walk-out would need to be increased to provide light for the space. The meeting was opened to the public. Speaking in favor of the variance request was Mark Meyer, of 525 Rolling Hills Road. He explained that although he's only lived at this location for eight months, he's seen how the spring and fall rains affect the drainage systems. He added that he would prefer to see the trees remain, as much as possible, rather than a concrete retaining wall. Chris Conoboy, of 508 Rocky Branch Lane, explains that he shares a property line with this lot. He commented that he would prefer to view trees, as opposed to a retaining wall. He further explained that there's already a drainage problem from Duck Pond Park, and a retaining wall, as well as the fill needed to change the grade of this lot, would only contribute to those problems. Mike Dupey, of 513 Rolling Hills Road, reported that he sold this lot to Lisa Cunov and her husband, adding that they are planning to do exactly what he envisioned for this property. He commented that he has observed the drainage problems in that area for over 22 years, and they're due to the overflow of the Duck Pond. Alvin Moore, of 524 Rocky Branch Lane, commented that although he initially had concerns about the size of this structure, he is in support of preserving the integrity of the lot, and of this variance request. Greg Jones distributed a letter, received by his office, concerning the drainage problems in this area. He explained that although this letter isn't pertinent to this evening's request, it's being distributed for informational purposes, and has also been forwarded to the City's Engineering Dept. Those speaking in opposition to the variance request were invited to step forward. Robert Smith, of 500 Rocky Branch Lane, reported that it was his letter, concerning drainage problems, that was referred to previously. He clarified that he wasn't necessarily speaking in opposition to the variance request, but rather asking that drainage problems be resolved, first, due to the fact that placing a large house on this lot may only increase the erosion problems that he already experiences. He added that if the drainage issues could be resolved at the same time, he would be in support of this variance request. Chairman Stonecipher asked that this issue be referred to the City's Engineering Department. The meeting was closed to the public, and opened to the Board for discussion. Motion was made by Commissioner Chomiak to grant the variance request. Motion was seconded by Commissioner Kressmann, and a vote was taken. Motion carried, 5 to 0. Variance granted. Item 5: None. Other Business. Adjournment. Meeting adjourned. David Stonecipher, Chairman Mary Beth Spletzer, Recording Secretary