Pecan Valley-CS020819T H E C I T Y O F
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August 19, 2002
Pecan Valley Homeowner's Association
C/O Mr. Lee Tanner
P.O. Box 964
Coppell, Tx. 75019
Mr. Ron Forest
140 Park Valley Court
Coppell, Tx. 75019
Gentlemen:
I am writing in hopes of providing additional assistance regarding the issue of the now
removed screening fence located along the southern property line of the Pecan Valley
subdivision. My office has continued to receive calls from residents in the subdivision
concerning this issue. I also hear that parties on both sides of the issue may be using
information obtained from the City of Coppell through conversations with me and other
City personnel to legitimize their respective positions. For these reasons, I thought it best
to document the City's position regarding this matter.
The original fence was constructed by the developer of the project to provide screening
from the property immediately to the south. Our records indicate that the fence was built
on the property line between the alleyright-of--way, that being property dedicated to the
City from the developer, and the property to the south. No part of the fence was located
on property owned or identified as homeowner association property according to our
records. The City granted the developer the right to construct the fence as requested.
The fence was not required by the City. Our codes do not require screening to separate
residentially zoned property from other residentially zoned property.
There is also apparent confusion about the ownership of the property where the original
fence was located. As stated above, our records indicate that the property in question was
dedicated to the City as alley right-of--way. As such, the ownership of the alley right-of-
way actually lies with the City of Coppell. I have also been told that a deed exists
identifying the property as HOA property. While this is most likely an important
distinction to the HOA due to covenant issues, it is of little importance to the City as it
255 PARKWAY * P.O.BOX 478 * COPPELL TX 75019 * TEL 972/462 0022 * FAX 972/304 3673
Pecan Valley Fence
8/ 19/02
Page 2 of 2
relates to the fence. The City's position does not change regardless of ownership. The
fence is not required as a matter of code. However, we remain willing to allow the
replacement of the fence by either the HOA or individual homeowners within the HOA.
Our primary interest is ensuring that if a fence is built, it is maintained according to code.
It is clear that the City has no interest or right in requiring a new fence at this location.
As I have indicated above, the City will allow the fence to be reconstructed at the
previous location should the HOA desire to do so. It only seems reasonable that we
would allow the fence today since we allowed the fence when the development took
place. The HOA simply needs to make a decision regarding the matter. The HOA will
need to obtain a proper permit from Building Inspections and aright-of--way use
agreement from the City Engineer's office should you desire to replace the fence.
I apologize for any confusion I or others with the City may have contributed to this issue.
I do believe the City's position has remained consistent. The question appears to be one
for the HOA. Covenant restrictions regarding the use of HOA funds on amenities that
are/are not common areas are not matters in the City's purview. We remain ready to
accommodate the decision made by the HOA should you desire to move forward with the
fence replacement.
As always, I can be reached at (972)304-3663 or via email at cphillinCc~ci conoell tx us.
Sincerely,
Clay Phillips
Deputy City Manager
cc: Jim Witt, City Manager
Ken Griffin, Director of Engineering & Public Works
Robert Kruse, Fire Chief
Gary Sieb, Director of Planning & Economic Development
Greg Jones, Chief Building Official