PD166-CS 980707 ~UL 07o~ ~i:2?PM P' ~
"Exceeding Our Customers Expectations"
From the Desk of /
Byron R. Hardin
1S3 Simmons Drb'e .-
Coppeil, TX. 75019
WlO~ Tel (972) 466-3425 · .. .
Fax (972)245-0S64
Faxt r a n s m i t t o I
To: Mayor Sheehan, City of Coppell
Attn: Jim Witt, City Manager City of Coppel]
Date: July 7, 1998
Fax Number: (972) 304-3673
Number of Pages including Cover Sheet: 3
Subject: Proposed Property Development PD-166: Westbury Manor Additi°n
I apologize for the fax transmittal, but I will be unable to attend tonight's City Council Meeting to make a formal
presentation of this letter. I was afraid that finial action regarding this development would 9ccur with out an
opportunity for ~rther discussion to resolve several issues still pending on this case. it would be greatly
appreciate~ if this document would be read into the public record and distributed to the City Council.
I look forward to dialog between the City, &welop~ and the concerned residents which will be affected by this
development. Should you require further information please let me know.
Home # (972) 304-1504
Mr. & Mra. Hardin, 153 Simmons Dr., Coppell, Tx. 75019 · (972) 304-1564
July 6. 1998
City, Of Coppell
Attn: Mayor Sheehan, City of Coppell
P.O. Box 478
Coppell, Texas 75019
Subject: Proposc. d Property Development PD-166; WESTBURY MANOR Addition
Doer Mayor Sheehan:
Due to a professional conflict, I am unable to attend thc July 7, 1998 City Council :.neeting. I
am requesting that this letter be read into the public record of this meeting. This lette: represents
the many issues which are still unresolved m reference to the above case.
After several discussions with City Manager Jim Witt regarding the citizen petition in oppositicm
to Zoning Case PD-166 "Westbury Manor", many issues remain unresolved. The 200' rule, as
it pertains to adjacent property owners, has yet to be accurately calculated as to the signatures
on our petition in opposition_ The petition results tallied by city staff are incorrect. Our records
show that we have the required 20%, which should invalidate the Council's actmn of June 9,
199g on this ease. According to Mr. Witt, there is a dispute as to the validity of' the three
signatures removed from our petition that were obtained at the last minute by one of tb.e involved
property, owners in support of the development.
After considerable review, it appears that only one of the three signatures in favor of the
development is valid. Research reveals that one of the three signatures is a split posi6on within
a household, both spouses originally signed in opposition, but the wife later also signed a petition
in support. Her husband, however, did not sign the second petition~ and remains a valid tdgnatttr¢
on our petition in opposition. A second signature was from a resident who has sold his house
and moved. This means that the petition in favor of the development did not com:teraet out'
petition in opposition. Calculations reveal that we clearly have met the requirements c, fthe 20%
rule. I was told by Mr. Witt that consideration of these new developments would be reviewed,
and a response by the City Attorney would be provided to me.
In regards to the liability issue over the alley easement, several of my neighbors have spoken
with insurance representatives and sought legal advice to determine who indeed will be held
liable if an unforeseeable accident occurs on this portion of our property. The response of the city
attorney during the Council's public hearing on this case did not address the liabilit3, issue. !t
is requested that the city provide written clarification to determine liability in this m'~tter.
I, on behalf of my neighbors, respectfully request that a meeting between cit~' staff, the develope"
and the affected residents be initiated before any further action is taken by the City ('ouncil o~t
this case. Only your intervention will allow for the proper dialogue to take place between the.
various parties to help resolve the many issues which still exist.
3UL 07 '98 Ol:2BPM P.3
Thank You for your time and at~ention on this matter 1 look forward to receivi:~g a written
response to this request Should you have any questions or need further informatio.~t, please c,all
me a! home (972) 304-1564 or work (972) 466-3432.
.Mr, & ,Mrs Byron and Michelle Hardin
Coppell City Council
Jim Witt, City Manager City of Coppell
Jean Murph, Publisher Citizens' Advocate
File