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Stratford Manor-CS030417CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE: STRATFORD MANOR, LOT IOR, BLOCK B REPLAT P & Z HEARING DATE: April 17, 2003 C.C. HEARING DATE: May 13, 2003 STAFF REP.: Gary L. Sieb, Planning Director LOCATION: 638 Stratford Lane SIZE OF AREA: 0.41 acre lot CURRENT ZONING: PD -161, SF -12 (Planned Development 161- Single Family SF -12) REQUEST: Replat approval to revise the approved 7 to 8 foot side yard fence line to allow an existing fence to remain within 2 feet of the side property line. APPLICANT: Owner: Mr. Patrick Stayer 638 Stratford Lane Coppell, TX. 75019 (214) 529 -9511 Builder: Brentwood Builders c/o Mark Leaumont P. O. Box 1829 Addison, TX. 75001 (972) 393 -3802 FAX (972) 304 -8216 HISTORY: In October of 2002, Council approved a replat of this lot to accommodate the addition of a brick and decorative metal side yard fence. In approving the fence, there were specific conditions regarding its location. Item # 10 Page 1 of 3 TRANSPORTATION: All streets are residential roadways built to standard (27 feet wide) in a 50 foot right of way. SURROUNDING LAND USE & ZONING: North- single - family structure; PD- 161 -SF -12 South- single - family structure; PD- 161 -SF -12 East- single - family structure; PD- 131 -SF -12 West - single - family structure; PD- 161 -SF -12 COMPREHENSIVE PLAN: The Comprehensive Plan shows the property as suitable for single - family uses. DISCUSSION: A review of staff comments when this issues was discussed in the fall of 2002 is in order: "When this area of Coppell was initially developed, and the Stratford Manor subdivision was Zoned and platted, there was considerable discussion regarding a buffer between this subdivision and Cambridge Manor to the east. Final resolution required a 30 foot no build /fill area on lots immediately adjacent to the real property line of several Cambridge Manor houses. This lot includes that no build easement on its east side. "This applicant does not debate that fact, but requests removal of a plat note requiring a 15 foot building and fence line on the north property boundary. It is our understanding that the applicant wishes to build a fence within this 15 foot area, similar to the fenced property north and across the street from this lot. Because the house on that north property currently has a fence in this same general location, the fact that we have received support for this request from the immediate neighborhood, and the fact that our on- site inspection determined no safety issues are apparent, staff concludes that this request has merit. Coupled with the comment from the applicant that the fence will be decorative metal with brick columns (again, similar to the property across the street) staff supports this request. " Our staff report went on to recommend approval of the replat conditioned upon placement of the fence "approximately 7 -8 feet behind the existing sidewalk ". By locating the proposed fencing at that point, it would be similar in placement to the fencing on the north side of the street. This condition was included in both the Planning Commission and City Council Item Il 10 Page 2 of 3 staff reports, and was unanimously included as a condition of approval by both bodies. A copy of the Council agenda item is attached. What has occurred subsequent to the replat approval is construction of a fence —not 7 to 8 feet behind the existing sidewalk —but a fence within 2 feet of the sidewalk. The Building Inspection office has cited this construction as not conforming to the above referenced approval condition, hence, the request before you now. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Because there were specifically articulated conditions for fence placement when the original replat was approved, and those conditions were clearly pointed out to the applicant with his approval, staff can not support this resubmittal. We had agreed to assist the homebuilder in establishing a fence line on his side yard with the understanding of its specific location. The fact that the fence contractor ignored that condition does not warrant staff modifying our recommendation. In addition, when the fence builder obtained a building permit to construct the fence, he was advised of the location condition and incorporated on the face of the building permit was the following language: "Builder additionally furnished indemnity letter with permit application for column removal at Brentwood's expense if any problems detected" We do, therefore, recommend denail of this replat. The fence needs to be located where originally agreed. In addition, to prevent this fence location question occurring in the future, we would further strongly recommend that a note be placed on the plat specifying the fence location at 7 -8 feet behind the property line as called out in the original condition. Finally, the plat attached to this agenda item states in Note 2 "The fence will observe the same general setbacks as the existing north side fence of two (2) feet behind the existing sidewalk ". On -site inspection reveals that the north side fence is setback a minimum 7 -8 feet from the sidewalk. ALTERNATIVES: 1) Recommend approval of the request. 2) Recommend disapproval of the request 3) Recommend modification of the request ATTACHMENTS: 1) Replat 2) October 8, 2002 Council agenda item Item # 10 Page 3 of 3 A ( T ` ' ' Y DEPT: Planning & Economic Development L -AGENDA REQUEST FORM COPPELL * DATE: October 8, 2002 t O E + ITEM #: 11 ITEM CAPTION PUBLIC HEARING Consider approval of the Stratford Manor, Lot 10, Block B, Replat, to revise the 15 -foot building and fence line to a 15 -foot building line, allowing the placement of a fence within 15 feet of the side property line on 0.41 acres of property located at 638 Stratford Lane. APPROVED BY CITY COUNCIL ON ABOVE DATE GOAL(S): 4 0 Motion to close PH A Approve w /cond. 1 & 2 I M - York - Brancheau - 7 -0 EXECUTIVE SUMMARY: Date of P &Z MeetinE September 19, 2002 Decision of P &Z Commission: Approval (6 -0) with Commissioners Clark, Kittrell, McGahey, Halsey, Dragon and Stewart voting in favor. None opposed. Approval is recommended, subject to the following conditions: 1) Any fence constructed will possess the same type architectural elements as the fence on the north side of Prince Edward Lane (brick columns with decorative metal inserts). 2) The fence will observe the same general setbacks as the existing north side fence of approximately 7 -8 feet behind the existing sidewalk. and AT&T Bfeadband. (CONDITION MET) Staff recommends approval. DIR. REVIEW: O. FIN. REVIEW. , Agenda Request Form - Revised 09,/02 Document Name: @3StratfordRPL 1 -AR w�M f� CM REVIEW: a eoex Agenda Request Form - Revised 09,/02 Document Name: @3StratfordRPL 1 -AR