Gateway BP(1.1)-CS 920312 NICHOLS. JACKSON. KIRK & DILLARD ''~''''
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(Formerly Sallinger, Nichols. Jackson. Kirk & Dillard) l ~'~ -: ;'
Attorneys & Counselors at Law
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T'~W~ENCEK'~ W O^CKSON 1800 Lincoln Plaza ~E-E~ s~. -~ ~:.
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~o.[ql D H[--~ql__ Dallas, Texas 75201
(214) 954-3333 J~N
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....
~r. Alan Ratl~ff
City Manager
Coppell, Texas
FAX NO. 393-0948
Nu~er of Pages: 2
Re: Catellus Development Co~oration (Gateway Project)
Dear Mr. Ratliff:
Section 26-3 i(A) of the zoning ordinance establishes a
minimum front yard for the light industrial district of 30 feet
where there is no front yard parking. Section 26-4 states that "no
parking shall be allowed within thirty (30) feet of the front
property line." Catellus wishes to make application to the Board
of Adjustment for a variance which will pe~it parking within 15
feet of the front property line on property where the front yard
setback would be 30 feet.
Your ~estion to me is whether or not Section 41 (4) of the
Zoning Ordinance will prohibit the Board of Adjustment from hearing
a re~est for variance in view o~ the fact that there is a pending
replat of the property which will not be acted upon prior to the
hearing before the Board on the variance re~est.
It is my opinion that the Board of Adjustment may hear the
re~est for variance prior to action on the replat.
The first paragraph of Section 41 (4) of the Zoning Ordinance
provides in effect that administrative procedures of the Zoning
Ordinance with regard to Concept Plans, Detail Site Plans
Preliminary Plats and Final Plats must be exhausted prior to
re~esting a variance. I find no administrative procedure red,red
by the zoning or4inanoe concerning the replating of property. Such
procedure is found in the Subdivision Ordinance.
This paragraph, to the extent it mentions Preliminary Plats
Oiil61NAL OF DOCUMENT
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and Final Plats, serves no legal purpose and probably should be
changed the next time we amend the zoning ordinance.
Very truly yours,
NICHOLS, JACKSON, KIRK & DILLARD