Asbury Manor-CS071115
THE .
CITY.OF
~~
COPPELL
s
November 15, 2007
Mr. Larry Kingsbury
708 Westminster Way
:::~:I:' ~~
Over the last several months, the city of Coppell has been involved in researching the
responsibilities of the city, single-family lot owners, homeowners associations, and the
Mansion's apartment complex regarding landscaping, retaining walls, and brick fence
maintenance along a common property line adjacent to the city's hike and bike trail.
After extensive study of legal development documents, subdivision plats (see Exhibit
"A", attached), and zoning regulations, we conclude that the existing retaining wall,
the landscaping behind it and the brick screening wall are all on private property.
What this means is the individual property owner is responsible for all maintenance of
these improvements. In this case, owners of Lot 1, Block 4 (533 Cromwell) and Lots 1
(615 Westminster), 2 (611 Westminster), 3 (607 Westminster) and 5 (646 Joshua) of Block 2
are responsible for the upkeep of these areas. The area outside the stone retaining wall
is the responsibility of the abutting owner, Mansions-By-The Lake, with the exception of
the hike and bike trail. which is the city's maintenance responsibility.
Upon physical inspection of the property, this area is in need of varying degrees of
repair. Some of the stone retaining wall system is failing, the landscaping is dying or
dead, and the brick screening wall is beginning to develop stress cracks. If attention is
directed toward correcting these problems now, the wall can remain for years to
come.
Specifically:
The mow strip at the base of the wall has shifted between many of the
columns-the area needs to be properly graded and the mow strip replaced.
Several of the boulders in the stone retaining wall are loose or missing-they
need to be replaced and regrouted.
The landscaping is dead-it needs to be replaced and watered.
As stated above, legally filed subdivision plats, lot line boundaries submitted with
development plans, and exhibits presented to the City Council when the initial zoning
was approved in 1998 (see Exhibit "B", attached), clearly show the retaining wall.
landscaping on top of the wall and the brick screening fence are all within individual
homeowner lots. These improvements are not on the Mansion's property. The walls
and landscaping are not the responsibility of the city nor a homeowner's association,
255 PARKWAY * P.O.BOX 9478 * COPPELL TX 75019 * TEL 972/462 0022 * FAX 972/304 3673
but are to be maintained by the property owner. In this case that responsibility is
shouldered by the individual homeowner whose property includes the screening wall,
landscaping outside it and the smaller stone retaining wall, as shown on the approved
and recorded subdivision plat filed with Dallas County. The Mansion's apartment
complex is responsible for maintenance of those areas outside the stone retaining wall,
and the city is responsible for the hike/bike trail.
That said, it would be prudent to determine what action you tend to pursue. As a city
we are responsible for protecting the health and safety of all our citizens. These walls
are raising safety concerns and need to be repaired. Continued disregard for proper
maintenance will result in the entire brick wall failing and ultimately a much more
expensive repair. As an example, the Coppell Greens subdivision on north Denton Tap
Road recently experienced a similar screening wall failure along Denton Tap resulting in
the entire wall being replaced. That expense exceeded $85,000 or approximately
$60.00 per lineal foot of six foot tall wall! Needless to say, preventative maintenance
now will save countless dollars in the future. Once you have decided a course of
action, you are reminded that building permits are required for any construction
projects within the city.
Because of the number of issues involved in resolving this maintenance question, we
would be happy to meet with you and address any questions or concerns you may
have. If a meeting on site would be helpful to specifically address concerns we would
certainly entertain a meeting on the property. Let us know your wishes and we will
respond. If we do not hear from you, we will assume you will proceed to properly
maintain your property.
Hopefully, this letter serves to clarify the responsibility of homeowner's associations, the
city, and the individual property owner regarding this topic. We strive to maintain a city
of excellence and trust you share that common objective. Again, if you have questions,
need further clarification regarding anything in this correspondence, or desire a face-
to-face meeting, please contact me at (972) 304-3678.
cc: Clay Phillips, Deputy City Manager
Ken Griffin, Director of Engineering/Public Works
Greg Jones, Building Official
John Elias, Parks Operations Manager
Shannon Tennison, Mansions by the Lake Manager
Affected Home Owners
File
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EXHIBIT "B"
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25' ACCESS a,ld UTILITY EASEMENT
----------------1 10' UTILITY EASEMENT
1 5' LANDSCAPE ' ' '5'
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RETAINING WALL
BUFFER STUDY
MANSIOj~S BY THE LAKE
C()PPELL~ TEXAS
DATE: 5/25/97