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Creekview Addn PD-CS0904082010) Ken Griffin - Johnson residential survey Page 1 From: Tim Oates To: Clay Phillips; Ken Griffin; Kevin Richardson; Mario Canizares CC: ddodd @njdhs.com Date: 4/8/2009 5:10 PM Subject: Johnson residential survey Attachments: Johnson survey.pdf; Pletta survey.pdf; Pletta Affidavit.pdf Gentlemen, As you may recall several weeks ago, Mr. Timothy Pletta, 154 E Bethel, provided us a copy of an affidavit where he is pursuing legal action against his neighbor, Mr. Albert Johnson, 158 E Bethel. Mr. Pletta provided us a copy of a survey of showing that a fence belonging to Mr. Johnson protruded onto his property .3 ft. Today, Mr. Johnson provided a survey showing the same fence to be .1 ft on his own property, not encroaching onto Mr. Pletta's property. The survey also shows that the stone wall is not within the floodway easement as Mr. Pletta claims. Mr. Pletta is asking the city to provide a letter to him explaining that we will not be requiring Mr. Johnson to follow current ordinances. From what I have been able to find, Mr. Johnson did not obtain a permit to 'rebuild' the stone retaining wall that was previously railroad ties, nor did Mr. Johnson obtain a permit to 'replace' a dilapidated 6 -foot high cedar fence along the west property line (adjacent to Mr. Pletta's property line). If Mr. Johnson came into the office and explained his situation, paid the permit fee, we would grant it on what I have seen. I have attached all the applicable documents. Let me know what our next step is, if anything. Thank you. Tim Oates Coppell Fire Department Deputy Chief - Prevention & Building Div. 500 Southwestern Blvd. Coppell, Texas 75019 Office # 972/304 -7055 Fax # 972/304 -3514 H R I SURVEY PLAT This survey is to confirm the location of the improvements shown below along the common line of Lots 1 and 2 Block A of Creekview Addition an addition to the City of Coppell, Texas, recorder} in Volume 90087, Page 4279, of the Map Records of Dallas County, Texas. NORTH LAKE WOODLANDS FIFTH SECTION VOL. 78238, PG. 2026, M.R.D.C.T. N 6 1 "06108" W 00) (21.12) N54 �6 21 .14 ` - - 016 I GfRAP I AS FF{VT � FLOOD I I r FL00[ P JN t.1fr11TS 1 �n T 0.1 BE 112" OF w/ Yellow C ap "NOM" .__^- Conim/ Monument • �' I D �' . Property Line 44 By r Wood Peirce �........� _.... ..... . Chaln LJnkl wire Fence X—X-- --X- C37 Overhead Elocfdc E E— E--- Control Monument (& O rn co LOT LOT 90 $LKA ' co 4 ' TWO STORY BRICK RES. o. . LOT 3 I q � ,• � a I 1!2" fRS 712" 1RF w/ Y ff t34V C8 "NDi1r!" +� M Fd F EIVC� S Rffxt�� ,. ,� • 5I� EW � f ( , Co nIml numen 154 B TH L ROAD 8C' R. 0. W. I hereby certify that on the 24Ttf day oaf _MAR, . 20 06 _ , this survey being a copyright protected product was made on the ground and this survey plat has been prapared as per the flold notes thereby produced, and it property represents the facts as thund an the grraund Thts survey plat has been propared In accordance with, and In substantial compliance with IF alt rulers and regutatlons promulgated by the 7"exas Baerd of Professional Land Surveying Date : MARCH 31, 2006 LEGEND Scale: 7" = 25' 112'f Steel I #ron Rod Found D 1l.2' Steel l im Rix! Set wlRed Cap "4597" Property Line By r Wood Peirce �........� _.... ..... . Chaln LJnkl wire Fence X—X-- --X- -X --x Overhead Elocfdc E E— E--- Control Monument (& 7 4L 7 � ACeL-r-e� cos 4 . 06- 1774 HARRY RO WELL & Assoclates, INC. Surveying &,Enginserlrrg (9) 7989 Herrry J?ovirsru 2410 Squire Place Ste. E Farmers Branch, T exas 75234 0972) 247-553 64.48' to DENTON RR TAP ROAD 1 / 1 / 2 ° � 1/2-FIR Ll N55*06 "W 90.00 BET HEL ROAD DOTE: 1 /2"rIR The bearing basis for this survey is a bearing of N55'06'00 "W for the northeast line of Bethel Road as shown on map of Creekside Addition recorded in Volume 88116, Page 3069, Deed Record of Dallas County, Texas, NUM BEARING LEGEND L1 N55'36'20 "W FIR Found Iron Rod L2 N13'56'06 "W WM Water Meter L3 N46'49'32 "E FH Fire Hydrant L4 N46'29'52 "W TW Top of Wall L5 N62. 06'01 `W BW Bottan of Wall L6 N60'58'02 "E TELP Telephony~: Pad L7 N76'02'28 "E TB Telephone Box L8 SCALE: 1"=40' 1 �� 0 20 40 80 NOTE: 0) Q0 LAI � Incorrect Bearing & -•j N51'05'08"W Distance shown on Plat for these lines .� 1 Z�LOCX� A ! w FLOODWAY ` 0 EASEMENT ri Per Map 00 ❑ = 85 R= 25.0' T= 23.30' L= 37.51' w 66.92' r � Lot oD c 1 #150 Bethel Rd. I 6` W ad a w Fenc- L5 CO_ L4 0 LO �- ] - L3 n U] j 64.48' to DENTON RR TAP ROAD 1 / 1 / 2 ° � 1/2-FIR Ll N55*06 "W 90.00 BET HEL ROAD DOTE: 1 /2"rIR The bearing basis for this survey is a bearing of N55'06'00 "W for the northeast line of Bethel Road as shown on map of Creekside Addition recorded in Volume 88116, Page 3069, Deed Record of Dallas County, Texas, NUM BEARING DISTANCE L1 N55'36'20 "W 15.17' L2 N13'56'06 "W 7.10' L3 N46'49'32 "E 40.55' L4 N46'29'52 "W 27.02' L5 N62. 06'01 `W 20.00' L6 N60'58'02 "E 35.10' L7 N76'02'28 "E 23.40' L8 N52'31'46"E 31.92' L9 SEE NOTE 14.52' L10 N38 57'29 "W 52.31' L11 N51'05'08"W 40.45' 00 Approx, location 0 20' SAN. SEW. I ' ESMT.(per Map) — 1 /2 - FIR S59 16 1? E 85.21 6' Wood ©0 Lot 3 Fen e Lot 2 • #15 Bethel Rd. SEE DETAIL " 85.00' } 1/2 0.2' Stone Mall ENCROacHEs 0.1' Q C nc. P vm t. '' l 6' Wood Gate 1 Gate PROTRUDES 0.8' v Z U C �° 0.4' " 2.9' -Wall JENCROACHES1 Floodway Easement Bottom of Wall t x 4' drought Iron Fence �� center of Wall Top of Wall Stone Bottom of Wall Wall 6' Wood Fece @ Face 0.6' to Back of Fence r "� -4' idewalk � ! F TELP LOTS —2 PROPERTY LINE DETAIL JOB #2970 CROSS SECTIONAL VIEW OF FALL ENCROACHMENT SURVEYOR'S CERTIFICATE The undersigned hereby certifies that this Survey (i) substantially complies with the current Texas Society Professional Surveyors Standards and Specifications for a Category 113, Condition 11 Survey; (ii) was made on the ground under my supervision correctly shows the boundary fine and dimensions of the common line between Lot 1 and Lot 2, Block A, of Creekview Additi vrded in Volume 88116, Page 3069, Deed Record of Dallas (ii correctly shows the location of all visible improvements 6 line. L. LYNN �i 1DLECK Dated: April 18, 2008 ... �. .........,,..,...........�..... Jab No.: 2970 e � © �� r 0 11Z l�Aj1 ..040 ° L. Lynn Ka _ "..- Registered Professional Land Surveyor No. 3952 AN OFFICIAL DOCUMENT ONLY WITH AN ORIGINAL SIGNATURE NO. DV 08-01366- T'IMOT' G. L ETTA IN THE DISTRICT" COURT" and ANN H. PL P l ainti ff/Counter - Defendant Vs, I ] "' DIOIA L DISTRICT ALBER JOHNSON and KATHLEEN LEN .I N N, Defendant/Counter-Plaintiff DALLAS COUNTY, TEXAS AFFIDAVIT O MICHA L R. COKER, AICP O STATE OF TEXAS COUNTY OF DALLAS Before nee, . the undersigned authority.,, on this day personally appeared Michael R. Cofer, AICI' C 0, who, being by me duly sworn on his oath and stated the following: " "M name is Michael R. Coker. I am over the age of 1 years, have never'- been convicted of a felony or a or�r involving moral turpitude, and any fully competent to testify - in all respects. I have personal Imowledge of all facts set fob herein, and they are all true and correct. I arn a Certified Building Official ( certified by the Council of Ame can Building Officials In October 19 1), a Professional Code Administrator (certified by -the National Academy of Code Administration in January 198 a Certified flans Examiner (certified b y the International -Conference o f Building O *finials in ,dune .19 8 1 , a certified Building Inspector (certified by - the International Conference of Building Officials in February 1982, and a Certified Land Planner (certified by the American Institute of Certified Planners in July 1989). I am co of - the Michael R. Coker Company, Inc. a corporation incorporated in Texas, providing land planning and land development �r services t o cl in Texas and throughout the United States. i am familiar with and have experience revi-e in documents relating to real. property such as .deeds, easements, liens, zoning regulations, engineering requirements, design and construction documents, p enuitting re uirer ents, inclu suns and platting doe r oats. was engaged to determine the requirements for construction of retaining walls in the City of Cop ell, {texas as well as to deters-nine requirements for building acid structure setbacks s ithin certain residential zoning districts. Further, I was a to determine whether or not there were standards for construction of structures w ithin the FEMA designated floodplain. I was also asked to review the survey prepared by L. Lynn Kadleck to ascertain whether or not it indicated the encroachment of retaining gall from Lot 2, Block A of the Creo. vier Addition, an Addition of the City of o e on Lot 1, Block A of the C reckview Addition, an Addition of the .pity of Coppell. The survey p erformed by Kadleck & Associates and dated April 18, 2008 indicates an encroachment of the retaining wall from Lot 2 to Lot I at the - northern end of the retaining wall. The surrey indicates that the encroachment is 0.2 feet. City of Coell ordinance number 297 -A -, adopted in August 1 989 established the z oning on the subject properties as Planned. Development District No.104 with SF-1 residential deyelopment requirements (Single Family zoning with a minimum 12,000 square foot lot). This ordinance requires a side yard' having a width of not less - than ten l o percent of the lot width. The lot width is measured at the points parallel to the street a t the mini gun front yard width which 30 feet, I n the case of Lot the lot width. - is feet when measured at the front setb l ine. This measurement then, indicates that the required side. card bdween the property I ine dividing Lot 2 from Lot I - is not less- than 8. feet in width. Section 12 , Special and Additional Regulations for Side yards Every part of a required side yard shall be open and unobstructed except for accessory buildings as permitted herein and the ordinary proj ections of window sills, belt courses, cornices, and other ar hiteotur l features not to exceed 2 2 inehos- *1nto th e required side yard, and rood`eaves - projecting .not to exceed inches into the required side card. (Ord. No. 91 500) Based upon this section of the Cop ell City ordinance, a side yard may only have limited e cro achm ents and retaini ng wal Is are not among the 11sted exceptions. Structures, except for those. described in Section -w3) are not allowed ill the required side yard. The tone:.r talning wall is a Structure as defined in the 2003 I.B.C. o Section 1.5.1 definition of "structure" is. "That which is built or constni ted" (Section 20,21). o Section 1.05.2. Work Exempt from. emit; 1. Retaining walls, which are not over 4 feet 1 1 19 mm) in height, measured from the bottor. of the footing to the toy' teress supporting a surcharge* building permit . was reqUired for construction of the retaining wall structure, as per Section 105 of the I.B.C. shice the wall exceeds four feet in height. The retaining wall stretches across a portion of Lot at a point approximately 66.9 feet north of the southwest property corner. This wall also contains a. substantial portion of the soil for the back yard of Lot 2. If a retaining wall supports a surcharge, then a - er it is required regardless of its height. 3 Engineering records revealed that no - building permit was applied for nor was a permit S ssued or the construction of the retaining wall, The Kadleck surrey shows the location of the Floodway Easement. The Floodway is that :. area defined by the Federal Emergency Management Agency as no build zone. The Kadleck survey indicates that the northw stem most portion of the Lot 2 retaining wall encroaches in to the FEMA designated Floodway. A check of FEMA records reveals that no permit has been requested nor has one been granted for the construction of the retai ring. w I i n the F I o o dway. CONCLUSIONS There is an encroachment of the retaining gall onto Lot I •om Lot I 4 check off - the 'City' .of ppell City Secretary; records, Wiling 'Ins etiO' n ' and Lot 2 has a structure located in the required side yard where - the area is supposed t clear and unobstructed. A . r t ii n . wall in excess of four feet in height from the o torn of th footing t the top of the wall requires a pemi t to be issued by the City of Coppell. Lot has a retaining gall that exceeds four feet in ig . City records indicate that no such permit was applied for nor was permit issued for the construction of the retaining wall o n Lot 2. Survey records reveal that a portion of the retaining wart that was constructed on Lot 2 is in the FEMA designated flo d ra . FEMA. does not al low construction in - the floodway. F-E M - records reflect that no pen was requested - nor was a p e n - nit issued ley FED t con stru c t the retaining wall in the floodwa FURTHER A S. T NO "L -i Affiant WORN TO AND SUBSCRIBED FEFORE ME this the 21"' d ay of O ctober, r My commission expires: 1,11 Ito" AP __ f z . i; TELONDRA CHMGE tyrf WM MISSION EXPIRES Notar Public, -State of Texas r +a •aii� "'f IF74 V a = .�. Not ary's printed name 5 Page 1 of 2 Ken Griffin - Re: Johnson residential survey From: Mario Canizares To: Ken Griffin Date: 4/8/2009 5:38 PM Subject: Re: Johnson residential survey CC: ddodd @njdhs.com Ken, Can you review my response below before I respond to Tim Oates? I'm just trying to use some common sense here. Thanks, Mario Tim, Besides Mr. Johnson not obtaining a permit on the new wall, what ordinance(s) has he broken especially since you would grant him the permit? I think the reasonable thing to do would be to bring Mr. Johnson in, the City inspect the wall, issue the permit (if it passes inspection), and add some kind of penalty . This can't be the only time a homeowner has built a fence without a permit and got busted by the city. I don't think that we should be drawn in to their civil dispute. Thanks, Mario >>> On 4/8/2009 at 5:09 PM, Tim Oates <toates @ci.coppell.tx. us> wrote: I Gentlemen, As you may recall several weeks ago, Mr. Timothy Pletta, 154 E Bethel, provided us a copy of an affidavit where he is pursuing legal action against his neighbor, Mr. Albert Johnson, 158 E Bethel. Mr. Pletta provided us a copy of a survey of showing that a fence belonging to Mr. Johnson protruded onto his property .3 ft. Today, Mr. Johnson provided a survey showing the same fence to be .1 ft on his own property, not encroaching onto Mr. Pletta's property. The survey also shows that the stone wall is not within the floodway easement as Mr. Pletta claims. Mr. Pletta is asking the city to provide a letter to him explaining that we will not be requiring Mr. Johnson to follow current ordinances. From what I have been able to find, Mr. Johnson did not obtain a permit to 'rebuild' the stone retaining wall that was previously railroad ties, nor did Mr. Johnson obtain a permit to 'replace' a dilapidated 6 -foot high cedar fence along the west property line (adjacent to Mr. Pletta's property line). If Mr. Johnson came into the office and explained his situation, paid the permit fee, we would grant it on what I have seen. I have attached all the applicable documents. Let me know what our next step is, if anything. Thank you. Tim Oates Coppell Fire Department Deputy Chief - Prevention & Building Div. 500 Southwestern Blvd. Coppell, Texas 75019 Office # 972/304 -7055 file: HC: \Documents and Settings \radloo \Local Settings\ Temp \XPgrpwise \49DCE12DCity_... 1/12/2010 Page 2 of 2 Fax # 972/304 -3514 file: HC: \Documents and Settings \radloo \Local Settings\ Temp \XPgrpwise \49DCE12DCity_... 1/12/2010 2010) Ken Griffin - Re: Johnson residential survey Page 1 From: Clay Phillips To: Ken Griffin; Kevin Richardson; Mario Canizares; Tim Oates CC: ddodd @njdhs.com Date: 4/8/2009 5:46 PM Subject: Re: Johnson residential survey Would we normally allow someone to provide proof of the work completed to our satisfaction and then proceed to issue them a permit with all applicable fees and additional charges related to permitting after the fact? If so, that is how I would proceed. The property line issue appears to be a civil matter that we need not involve ourselves in provided we are confident in issuing the permit for work that appears to have been done on Mr Johnson's property. i am most likely missing something as it has been a long time since I have considered this type of issue. Clay > > > Tim Oates 4/8/2009 5:09 PM > > > Gentlemen, As you may recall several weeks ago, Mr. Timothy Pletta, 154 E Bethel, provided us a copy of an affidavit where he is pursuing legal action against his neighbor, Mr. Albert Johnson, 158 E Bethel. Mr. Pletta provided us a copy of a survey of showing that a fence belonging to Mr. Johnson protruded onto his property .3 ft. Today, Mr. Johnson provided a survey showing the same fence to be .1 ft on his own property, not encroaching onto Mr. Pletta's property. The survey also shows that the stone wall is not within the floodway easement as Mr. Pletta claims. Mr. Pletta is asking the city to provide a letter to him explaining that we will not be requiring Mr. Johnson to follow current ordinances. From what I have been able to find, Mr. Johnson did not obtain a permit to 'rebuild' the stone retaining wall that was previously railroad ties, nor did Mr. Johnson obtain a permit to 'replace' a dilapidated 6 -foot high cedar fence along the west property line (adjacent to Mr. Pletta's property line). If Mr. Johnson came into the office and explained his situation, paid the permit fee, we would grant it on what I have seen. I have attached all the applicable documents. Let me know what our next step is, if anything. Thank you. Tim Oates Coppell Fire Department Deputy Chief - Prevention & Building Div. 500 Southwestern Blvd. Coppell, Texas 75019 Office # 972/304 -7055 Fax # 972/304 -3514