Creekview Addn PD-CS090409
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Ken Griffin - RE: Johnson residential survey
From: David Dodd <ddodd@njdhs.com>
To:'Mario Canizares' <mcanizares@ci.coppell.tx.us>, Clay Phillips
<CPHILLIPS@ci.coppell.tx.us>, Ken Griffin
<KGRIFFIN@ci.coppell.tx.us>, KevinRichardson
<KRICHARDSON@ci.coppell.tx.us>, Tim Oates
<TOATES@ci.coppell.tx.us>
Date: 4/9/2009 9:06 AM
Subject: RE: Johnson residential survey
The only litigation over building a fence without a permit I remember is Mitch Reitman. That was a different
situation because he fenced in and tried to claim part of Andy Brown Park. The issue between the neighbors
seems to be a boundary dispute. With the new survey, we cannot say we are not enforcing our ordinance. If we
say anything to Pletta, we say we the evidence does not show conclusively that the fence is across property
lines.
J. David Dodd, III
Nichols, Jackson, Dillard
Hager & Smith, LLP
1800 Lincoln Plaza
500 North Akard Street
Dallas, Texas 75201
214-965-9900
214-965-0010 Fax
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From: Mario Canizares [mailto:mcanizares@ci.coppell.tx.us]
Sent: Wednesday, April 08, 2009 5:51 PM
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To: Clay Phillips; Ken Griffin; Kevin Richardson; Tim Oates
Cc: David Dodd
Subject: Re: Johnson residential survey
I agree. Here are my thoughts on the matter. Mario
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:
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
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