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Park N Fly/FP-CS 940203 he C~t~W~th A Beautiful Future / 214~2~22 - 3, X~ ~f~ ~ ~.l. 255 P~AY ~EM 1/: Y ~ .~, 4 Work ~sion ~ Ch.~rs ~nfer~ce room ffEM 4. ~ Approv~ of ~u~s for Novem~r 4, 1993 ff~M S: ~blic He~ng to ~nsider a requ~ for 34-1-8 (A) of the City's Zoning Ordinance which co c~rnS. landscape requirements for parking areas. The applicant~as also- requested a variance from Section 9-2-6 (C) of the Code of ~-~ Ordinances regulating fences in the front yard. A request has also been received for an appeal based on error of law of the ~?C, interpretation of the Building Official in regards to defining required parking spaces. This variance is being requested by William Dahlstrom on behalf of Park ~N Fly for a 16.0716 acre tract of land located at' the northeast comer of LBJ Freeway and Royal Lane. ITEM 6: Other Business ~ ~ ,,.,,~/'(-~'~, poste on the City of Coppell Bulletin Board at ~:00 p.m., lanuary ~8, 1994, by Sara Fulton _ . The City of Coppell acknowledges its responsibility to comply with the Americans With Disabilities Act of 1990. Thus, in order to assist individuals with disabilities who require special services (ie. sign interpretative services, alternative audio/visual devices, and amanuenses) for participation in or access to the City of Coppell-sponsored public programs, services and/or meetings, the City requests that individuals make requests for these services forty-eight (48) hours ahead of the scheduled program, service and/or meeting. To make arrangements, contact Vi~owman, ADA Coordinator or other (2t4) 462-0022,'or (TDD.~._.IzS00-~TX, 1-800-735-2989). BOARD OF ADJUSTMENT Minutes November 4, 1993 The Board of Adjustment met on November 4, 1993, in the City Council Chambers located in the Town Center, 255 Parkway. The following members were present: Grog Frnka, Vice-Chairman Jerrie Kertz, Commissioner Donald Bizzell, Commissioner Carl Thompson, Commissioner David Hymer, Alt. Commissioner The following member and alternate members were unable to attend: Kirk Wensel, Chairman Tim Torno, Alt. Commissioner Robert Brinkman, Alt. Commissioner AlSO present were: Greg Jones, Chief Building Official Ga~ Sieb, Planning & Zoning Dir. Sara Fulton, Recording Secretary Vice-Chairman Fmka called the meeting to order. Alt. Commissioner Hymer gave 'the invocation. Vice-Chairman Frnka swore in Donald Bizzell as Commissioner to serve on the Board of Adjustment. ITEM 3: Approval of October Minutes Commissioner Thompson made a motion to approve the minutes from the October BOA meeting. Commissioner Kertz seconded the motion. The motion passed unanimously (5-0). Vice-Chairman Frnka then swore in Donald Bizzell to serve as a commissioner on the Board of Adjustment. Vice-Chairman Fmka then swore in all the members of the audience who were going to give testimony either for or against any of the variance requests being presented tonight. Board of Adjustment Minutes November 4, 1993 Page 2 ITEM 4: Public Hearing to consider a request for variance from Section 12-3-1 (A) of the City's Zoning Ordinance which concerns front yard setbacks. This variance is being requested by Ms. Kathleen Kilgore for the property located at ! 57 Lansdowne Circle. Greg Jones gave a brief overview of the request. He explained that the house located at 157 Lansdowne Circle was constructed in 1983. He also stated that recently the house was put up for sale and upon obtaining a new survey it was discovered that the house was constructed 4.3' over the thirty foot (30') front building line. The homeowner is requesting a variance to allow the house to remain at its present location. Greg also stated that since both surveys were done by licensed surveyors the Inspections DepmiJnent would accept either one. The mortgage company is requesting that this item be brought before the Board of Adjustments to be granted a variance. Vice-Chairman Fmka opened discussion to the public. Ron Kilgore, 157 Lansdowne Circle West, husband of the applicant (Kathleen Kilgore) was present. He asked that the variance be granted, but did not present any further information. No one else spoke either for or against the request. Vice-Chairman Fmka closed discussion to the public and opened discussion to the Board. Commissioner Bizzell made a motion to grant the variance as requested. Commissioner Thompson seconded the motion. The motion passed unanimously (5-0) to grant the variance. ITEM Public Hearing to consider a request for variance from Section 12-3-1 (A) of the City's Zoning Ordinance which concerns front yard setbacks. This variance is being requested by Westchester Homes for the property located at 135 Beaver Run. Commissioner Kertz stepped down for the vote on this item Greg Jones gave a brief overview of the request. He stated that Westchester Homes had constructed a home that extends 4' 6" past the front building line. They are requesting a variance to allow the house to remain as it is on the lot. G-reg stated that the survey done at foundation reflected no encroachment, but the newer survey done at closing reflected a 4' 6" encroachment. It is stall's opinion that either survey could be considered correct and that the house be allowed to remain as is. Board of Adjustment Minutes November 4, 1993 Page 3 Vice-Chairman Frnka opened discussion to the public. Gary Nestor, 605 Andover Lane, director of sales for Westchester Homes spoke in favor of the request. He stated that the home was completed and occupied. He also stated that the initial surveyor had been replaced. No one else spoke either for or against the request. Vice-Chairman Fmka closed discussion to the public and opened discussion to the Board. Alt. Commissioner Hymer made a motion to grant the variance as requested. Commissioner Bi.zzell seconded the motion. The motion passed unanimously (5-0) to grant the variance. ITEM 6: Public Heating to consider a request for an appeal based on error from Section 40-2 of the City's Zoning Ordinance which concerns non-conforming uses. This variance is being requested by Ms. Geraldine Link on behalf of the Golden Triangle mobile Home Park for the property located at 301 S. Coppell Road. Grog Jones stated that the attorney's representing Golden Triangle Mobile Home Park had withdrawn this request from the Board of Adjustment on November 3, 1993 and distributed a letter from the attorney stating this. ITEM 7: Public Heating to consider a request 'for variance from Section 15-5 of the City's Zoning Ordinance which concerns masonry coverage. This variance is being requested by Mr. Michael Cogbum for the property located at 124 Heather Glen. Greg Jones explained that Mr. Cogbum wished to construct an addition to his home that would not raise the overall ratio of masonry coverage to 80%. Mr. Cogburn wishes to construct an addition that matches the materials as well as the masonry/siding ratios of his existing. As currently constructed, his home does not meet the 80% masonry requirement. The City's Zoning Ordinance would require 80% masonry exterior construction, so the Building Inspections Department was not able to approve the permit. Vice-Chairman Frnka asked Greg Jones if the 80% masonry requirement was in effect when this house was built. He stated that he didn't think it was. He stated that most of the homes in that area were not 80% masonry. Commissioner Thompson asked Greg if he had done Board of Adjustment Minutes November 4, 1993 Page 4 masonry calculation on the house or on the addition that was planned. He stated that he had not. He estimated that both were probably 65-70%. Grag then explained how the masonry ratio was calculated. Vice-Chairman Fmka opened discussion to the public. Mr. Michael Cogburn, 124 Heather Glen, spoke in favor of the request. He stated that his family had bought the home at 124 Heather Glen in 1983 which was prior to the 80% requirement. Vice-Chairman Frnka asked if the majority of the addition was going to be siding. Mr. Cogbum stated that it would be. Commissioner Bizzell asked why he had designed the addition to be half brick and half siding. Mr. Cogburn stated that he was trying to keep a continuation of the existing home- and not a' deviation from it. He said he was trying to keep things in harmony with one another in what he already has on the exterior of his house. Commissioner Thompson asked Mr. Cogbum if he had done the brick calculations. Mr. Cogburn stated that the current house was 60% masonry. With the addition he was not sure what it would be, but did not think it would change it any. No one else spoke either for or against the request. Chairman Thompson closed discussion to the public and opened discussion to the Board. There was general discussion among the board members. Commissioner Thompson stated that a large portion of the existing house would have to be bricked in order to bring it into conformity with the existing ordinance. Commissioner Bizzell stated that the intent should be to improve property values and not detract from them and he felt this addition would accomplish this. Commissioner Thompson made a motion to approve the variance as requested. Commissioner Bizzell seconded the motion. The motion passed unanimously (5-0) to approve the variance request. ITEM 8: Public Hearing to consider a request for variance from Section 35-2 (B) i of the City's Zoning Ordinance which concerns setbacks for accessory buildings. This variance is being requested by Mr. Paul Rothe for the property located at 724 Dove Circle. Board of Adjustment Minutes November 4, 1993 Page 5 Vice-Chairman stepped down for the vote on this item. Commissioner Thompson was designated to became acting Chairman for Item 8. Greg Jones gave a brief overview of the request. He stated that Mr. Rothe had erected a detached accessory building located in his sidoyard approximately two feet (2') from his side property line. Mr. Rothe erected this accessory building withouta permit to do so. The building is located incorrectly and permit would not have been issued for this location. The City of Coppell Zoning Ordinance would require that such a building have the same setback as the main structure, unless located at least five feet (5') behind the main structure and then the side setback would be allowed to be reduced to three feet (3'). Greg also stated that the Building Inspections had received a complaint from a neighbor regarding this accessory building and that Travis Crump notified Mr. Rothe around July 24, 1993. Mr. Rothe submitted a building permit and a variance request on the same day, July 28, 1993. Mr. Paul Rothe, 724 Dove Cr., spoke in favor of the request. He stated that he had bought tho home about two years ago and there was a storage shed (made of wood) in the same place as the one he has currently constructed. He stated that the shed was built by a volunteer fireman in the City of Coppell. Ho stated that when the pool was constructed they had the concrete poured for the accessory building. He stated that they had several large items in the accessory building. If forced to remove the building, the items would have to be stored in the garage which would then cause all their vehicles to be placed on the street. He stated that the building was about 14' by 8'. He also stated that it was smaller than the one that was there when they purchased the house. Mr. Rothe passed out pictures to the board and a letter from an across the street neighbor who has no Problem with the building. He stated that after tho pool was built there waS no other place to put it and they felt that it was an improvement over the existing structure. Commissioner Thompson opened discussion to the public. No one spoke either for or against the request. Commissioner Thompson closed discussion to the public and opened discussion to the Board. Commissioner Thompson felt there were definite fire concerns. He stated that we don't know what it store it there now or what will be stored there in the future. He felt the fire hazard was not only to the house at 724 Dove Circle but to the neighboring home as well. He felt that there was no hardship other than what the applicant had brought on himself. Commissioner Bizzell disagreed stating that Mr. Rothe had trusted the contractor to do what was correct, so he felt there was a hardship. Commissioner Thompson stated that Mr. Rothe was responsible for meeting the City Codes. Board of Adjustment Minutes November 4, 1993 Page 6 Commissioner Kertz stated that this house had come before the BOA in October 1985 for a variance request. Greg Jones was unaware of this but also said that this has no bearing on the current variance request. Commissioner Bizzell made a motion to approve the variance request. Commissioner Kertz seconded the motion. Commissioners Bizzell and Kertz voted to' approve the request. Commissioner Thompson and Alt. Commissioner Hymer voted against the request. Since there were not four votes in favor of the variance request it was automatically denied. Vice-Chairman Fmka then resumed the chairmanship. ITEM 9: Other BUSiness Greg Jones stated that there were no items on the agenda for the December yet. Gary Sieb talked to the board members about the judging for the Christmas lights in Coppell. Chairman Wensel has been elected to serve as one of the judges for this event. Commissioner Thompson stated that some of the items on the agenda lately had not been displaying the BOA signs on the property. He felt that there should be steps taken to stop this. Commissioner Thompson stated that he felt that if a sign was not prominently displayed it should be postponed. Gary Sieb stated that the Planning & Zoning Committee has had the same problem and they will not allow the item on the agenda on the designated day if a sign is not prominently displayed. The board members agreed that there should be some_thing done about this problem and that this fact should be emphasized when the applicant makes the application. ADJOURNMENT: Commissioner Thompson made a motion to adjourn the meeting. Commissioner Bizzell seconded the motion. The motion passed unanimously (5-0). Greg Frnka, Vice-Chairman Sara Fulton, Recording Secretary The City With A Beautif.ul Future P.O. Box 478 Coppell, Texas 75019 214-462-0022 January 28, 1994 TO: Board of Adjustment Member FROM: Greg Jones, Chief Building Official SUBJECT: Agenda Item Number 4 PUBLIC HEARING: Consider a request for variance from Section 34-1-8 (A) of the City's Zoning Ordinance which concerns landscape requirements for parking areas and Section 9-2-6 (C) which concerns regulating fences in front yards, and a request will also be considered regarding an interpretation by the Building Official defining required parking spaces. This variance is being requested by Mr. William Dahlstrom on behalf of Park 'N Fly for a 16.0716 acre tract of land located at the northeast comer of LBJ Freeway and Royal Lane. EXPLANATION: Mr. Dahlstrom is requesting a variance from the landscaping requirements for parking areas described in the City's Zoning Ordinance Section 34-1-8 which would reduce the required ten (10 percent of the gross parking area landscaping to 4.52 percent, or a reduction of approximately 35,667 square feet of required living landscaping. He is also requesting a reduction in the ratio of trees to be planted from the requirement of 1 tree to 400 square feet of landscaped area (which would require 163 trees) to 127 trees. The applicant would also request a variance from reduction in the caliper of the required trees (see 34-1-7 (B)) from trees having a minimum required 2 inch caliper. Mr. Dahlstrom is also requesting to reduc~ the required interior planting islands from being located no further apart than every twelve (12) parking spaces and at the terminus of rows to a configuration more clearly described on the attached landscape plan. Mr. Dahlstrom has also appealed a determination by the Building Official that all parkidg spaces must meet the size requirements set forth in the Zoning Ordinance and defined by Section 42-92 as being not less than 180 square feet (measuring approximately nine (9) feet by twenty (20) feet. The applicant would request a reduction in size for 'non-required' spacos to include compact as well as other size~ Finally, Mr. Dahlstrom is requesting a variance to the provisions to Section 9-2-6 (C) of the Code of Ordinances that provides it is unlawful to erect or maintain a fence within the front yard of any lot, from the front building line to the front lot line, in order to construct fencing along the rights-of-way of Royal Lane and LBJ Freeway (US 625). This appeal is being referred to the Board of Adjustment in accordance with Section 41-3 (2) and Section 41-1 (4) of the City of Coppell Zoning Ordinance which states the power of the Board to grant such variances. STAFF RECOMMENDATION: This same request was heard by the Planning and Zoning Commission and was denied at their meeting of December 16, 1993. The applicant is requesting that the Board consider this request based on their being able to demonstrate hardship made necessary by the need for security at their proposed facility. Because this request was denied by the Planning and Zoning Commission based upon the lack of required landscaping, staff would recommend that the Board take this into consideration during their deliberations. Staff would also recommend that consideration be given to the applicant's need for security in this lot and whether a literal application of every requirement does, in fact, cause a hardship. Finally, the applicant has expressed to staff a willingness to work with the Board and has indicated they would add additional landscaping in order to accommodate any concerns that might be brought up by the Board. ATTACHMENTS: 1. Application 2. Copy of Section 34-1-8 (A) 3. Copy of Section 42-92 4. Copy of Section 9-2-6 5. Letter from City Attorney 6. Drawing 7. Location Map 8. Letter from Hunt Resources APPLICATION - REQUEST FOR VARIANCE BOARD OF ADJUSTIV .NT CITY OF COPPEI.I. DATE: January 7, 1994 I, the undersigned owner or representative of owne~opdon.holder, etc.), of the following described real property located in the City of Coppell, Texas, hereby make application for a request for a variance from the terms of Sections 34-1-7 -of the City. of Coppell Zoning Ordinance. 34-1-8 34-1-9 LOCATION OF PROPERTY S ee[ Add ess: Northeast corner of Royal Lane and LBJ Freeway REQUEST: (~ there is additional information which you feel would be helpful to the Board in making a decision, be sure to include this information in your request.) We are requesting variances from the referenced landscape regulations of the Zoning Ordinance in order to construct an automobile storage facility on the subject property. We are also requesting an interpre- tation that the Zoning Ordinance parking standards apply only to required ~arXing. The attached checklist must be completed before your application will be considered by the Board. A non-refundable application fee of $50.00 is required at the dine of application. A deposit of fifty dollars ($50.00) is also required at the rime of application. The deposit is charged for the variance sign that will be placed in your yard by city staff. Staff will pick up the sign the day after the public hearing is held for the variance. The deposit will be returned to the applicant if the sign is returned undamaged. I have read rkis application form and understand that filing the application and paying the fees does not guarantee an atTu-marive action by the Board of Adjustment. I further understand that at least four (4) atTlrmative votes must be cast in order to receive a variance. ig~atur~ of ;~)pliCant 1700 Pacific Avenue, Suite 4100 Dallas, TX 75201-4618 D ate William S. ReceiptNumber Dahlstrom Print Name (214) 969-2793 Mailing Address Telephone CHome) Telephone (Day Number) BOARD OF AD3UST~,~:NT APPLICATION PACKET - Page 3 CHECK[.I.qT - REQUEST FOR A VARIANCE BOARD OF ADJUSTMF. NT To assist the Board of Adjustment in establishing the information necessary to make a decision regarding the request for a variance, please complete the following checklist: Is your land or your buffing ~ffer~r from othe~ ~ound you? Yes, our proposed use is an automobile storage facility Is ~url~dorbuilding useful~r ~ypurposewi~outthevariancereques~d? Not immediately. Whate~ectwi~eg~anting~fthisvariancehave~n~th~p~per1y~na~acents~ee~r~pe~p~epassing The proposed landscaping will enhance the ~sthetics of the street- scape. lftheva~anceis denied, how wffi~epropertybe used? The site will remain undeveloped. How is the prope~y wound you used? A major U.S. Postal facility is adjacent to the north; IH-635 is adjacent to the south, and property to the east and west is vacant. Who in your opinion wffi be afl. ted by ff~ change? No foreseeable negative impacts are expected. 0 Wffi~fficcon~gom be affe~edby ~e~qu~ted chan~? slight increase is anticipated, but not to the degree if the tract davolopad ~ith othar uses permitted under the zoninq requlations. What e~d~ce do ~u an~dpate offering in support of ~ posi~on? Drawings showing required and proposed landscaping and slides of other Park 'N Fly facilities. /4¢¥ ~Date AKIN, GUMP, STRAUSS, HAUER & FELD, L.L.P. ATTORNEYS AT LAW 1333 NEW HAMPSHIRE AVENUE, NoW. SUITE 400 WASHINGTON, D.C. 20036 [202] 887-4000 65 AVENUE LOUISE, P.S. NO. 7 1050 BRUSSELS, BELGIUM (011) 32-2-535,29.11 65 EAST 55TH STREET 33RO FLOOR NEW YORK, NEW YORK 10022 (212) 872-10OO A REGISTERED UMITED UABIUTY PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS 1700 PACIFIC AVENUE SUITE 4100 DALLAS, TEXAS 75201-4618 (214) 969-2800 TELEX 732324 FAX (214) 969-4343 WRITER'S OIRECT OIAL NUMBER (214) 969-2793 January 7, 1994 2100 FRANKLIN PLAZA 111 CONGRESS AVENUE AUSTIN, IEXAS 78701 (512) 499-6200 t 500 NAIIONSBANK PLAZA 300 CONVENT STREET SAN ANTONIO, TEXAS 78205 (210) 270-0800 1900 PENNZOIL PEACE-SOUTH TOWER 711 LOUISIANA STREET HOUSTON, TEXAS 77002 (713) 220-5800 VIA HAND-DELIVERY Mr. Greg Jones Building Official City of Coppell P.O. Box 478 Coppell, TX 75019 Variance Requests for 16.0716 Acre Tract of Land Northeast Comer of L.B.J. Freeway and Royal Lane Our File No. 11657-0000 Dear Greg: As you know, this firm represents the owner and prospective purchaser of a 16.0716 acre tract of land located at the northeast comer of L.B.J. Freeway and Royal Lane. The prospective purchaser, Park 'N Fly, Inc., proposes to develop the property as an automobile storage facility. At this time, we are requesting variances to the landscaping regulations and interpretation of the parking regulations of the zoning ordinance in order to develop the proposed facility. The landscaping requirements for parking areas were intended for required parking lots and not for the storage of automobiles as is intended for this site. Consequently, the enforcement of the landscaping requirements presents an unnecessary hardship to the proposed use. The special condition in this situation is that the parking lot is actually a storage facility for automobiles. The amount, intensity and growth requirements for landscaping as set forth in Sections 34-1-7, 34-1-8, and 34-1-9 of the Zoning Ordinance, tremendously inhibit the ability to monitor and secure automobiles that are stored on the property. Landscaping of the perimeter of the site will be in accordance with the landscaping requirements. Therefore, the view of the site from outside of the property will be the same with AKIN, GUMP, STRAUSS, HAUER & FELD, L.L.P. Mr. Greg Jones RE: Park 'N Fly, Inc./Variance Requests January 7, 1994 Page 2 or without the variances, and the variances requested are not contrary to public interest. Further, because landscaping of the perimeter will be provided per ordinance, the spirit of the ordinance will be observed and substantial justice will be done in order to allow the prospective purchaser to develop the site as proposed. The Zoning Ordinance and Subdivision Ordinance provide different dimensions for parking spaces. We are also asking for interpretation by the Board that the Zoning Ordinance parking dimensions apply only to the required parking spaces. Enclosed please find the application forms, letters of authorization and application fee for these requests. It is my understanding that the hearing at the Board on this matter will be on February 3, 1994. Please review the enclosures and process accordingly. Your assistance with this matter is appreciated. If you have any questions regarding this matter, please do not hesitate to call us. Very truly yours, William S. Dahlstrom WSD/skm Enclosures Copies: Ron Dini George Casey Bill Thompson Mike Daniel Dennis Simms Kirk R. Williams, P.C. WSD\11667\O000CORR\108JONES.LTR Januery 7. 1994 12:38 pm RCV BY:AKIN GUMP, ET AL : 1- 7-94 : l:35PM : PARK 'N FLY, INC.~DALLAS, TX #3 - 5343;# 2 ....... .-,,,., ,~,..,~, ,-, ,-_ ~- o-~ ;~z:~,~,,-~ ;o;u~ ~. 'rx ;~3 - .5843- PARK 'N FLY. I~C. ;~: 6/ § PARK 'N FI,Y, INC. 20~ MOUn~ ?atari Road, N.W. Paran PlncC, 'Suite 20'/ Atlanta, Oeor~ia 30327 (404) 264-1000 16.0'/16 Acre Tract of Land LO~I tt tl~ Nm'Otmst Comer of' L~BJ, Pr~way and Royal l.~u~, Ik~lu, 1~11~ County, Texu If you have any questions, plea~ f~..l free to contact nm. P~RK 'N FLY, INC. lt~; _ President COUNTY O~ ~--ul~,,, ,, i SWORN TO AND SUa,SCRIMD Ii1~o.~, h~, on this ~ d~y ofJ~, ]t~4, by V'-c~l.~.r', c Jo '~. O.~.e a~ ~te , as ~ ..... on' be~lf or 'lq t~..Y, INC. -- TH[]MRSON INTERESTS January 5, i 994 Mr. Gregg Jones Building Official City of Coppell 255 Parkway Boulevard Box 478 Coppell, Texas 75019 RE: 16.0716 ACRE TRACT OF LAND LOCATED AT THE NE CORNER OF LBJ FREEWAY AND ROYAL LANE Dear Mr. Jones; As owner of the above referenced property, the undersigned authorizes the law firm of Akin, Gump. Strauss, Hauer & Feld, LLP, to process a variance request to the landscape requirement for the above referenced property. If you have any questions, please feel free to contact me. Sincerely, ~illiarn General Partner LBJ Radio Road #1 & #2 Limited Partnerships SWORN TO AND SUBSCRIBED BEFORE ME, on this '?CZ day of January, 1994, by William G. Thompson, General Partner on behalf of LBJ Radio Road #1 and ~2 Limited Partnerships -- Notary Public, State of Texas 8333 DOUGLAS · SUITE 1S 10 J D~ 34-1-8 MINIMUM REQUIREMENTS FOR OFF-STREET PARKING AND VEHICULAR USE AREAS. Parking lots, vehicular use areas and parked vehicles are to be effectively screened from the public view and adjacent property. Both the interior and perimeter of such areas shall be landscaped in accordance to the following criteria. Areas used for parking or vehicular storage which are under, on, or within buildings are exempt from these standards. (A) Interior Landscaping. A minimum of ten (10) percent of the gross parking areas shall be devoted to living landscaping which includes grass, ground cover, plants, shrubs and trees. Gross parking area is to be measured from the edge of the parking and/or driveway paving and sidewalks. The following additional criteria shall apply to the interior of parking lots. Interior landscape areas shall be protected from vehicular encroachment of overhang 'through appropriate wheel stop or Curbs. There shall be a minimum of one (1) tree planted for each four hundred (400) square feet or fraction thereof of required interior landscape area. Interior areas of parking lots shall contain planting islands located so as to best relieve the expense of paving. Planter islands must be located no further apart than every twelve (12) parking spaces and at the terminus of all rows of parking. Such islands shall contain at least one (1) tree. Planter islands shall not be required for l°ts containing less than thirty-five thousand (35,000) square feet. The remainder shall be landscaped with shrubs, lawn, ground cover and other appropriate material not to exceed three (3) feet in height. Interior planter islands shall have a minimum size of ten (10) by twenty (20) feet. o The Building Official may approve planter islands required by Section 34-8(A) 3. (B) Perimeter Landscaping. All parking lots and vehicular use areas shall be screened form all abutting properties and/or public rights-of-way with a wall, fence, hedge, berm or other durable landscape barrier. Any living barrier shall be established in a two (2) feet minimum width planting strip. Plants and materials used in living barriers shall be at · least thirty (30) inches in height at the time of planting and shall be of a type and species that will attain a minimum height of three (3) feet 42-86 SECTION 42 - SPECIAL DEFINITIONS Motor Freight Terminal: A building or area in which freight brought by motor truck is assembled and/or stored for shipping in interstate and intrastate commerce by motor truck. A motor freight terminal is a truck terminal. 42-86 A 42-87 42-88 42-89 42-90 42-91 42 -92 Net Acreage: The total buildable area of a lot. Net acreage shall not include floodplain area, public rights-of-way, or other areas where buildings can not be located. Nonconforming Use: Any building or land lawfully occupied by a use at the time of the adoption of this Ordinance or amendments thereto, not permitted by the use regulations, lot requirements or other regulations of this Ordinance of the district in which it is attained. Noxious Matter: A material which is capable of causing injury to living organisms by chemical reaction or is capable of causing detrimental effects upon the physical or economic well-being or comfort of humans. Occupancy: The use or intended use of the land or buildings by proprietors or tenants. Open Space: That part of a building lot, including courts or yards, which: 1. Is open and unobstructed from its lowest level to the sky, and 2. Is accessible to all residents upon a building lot, and Is not part of the roof of that portion of the building containing dwelling units. Open Storage: The storage of any equipment, machines, commodities, raw, semi-finished materials, and building materials, not accessory to a residential use which is visible from any point on the building lot line when viewed from ground level to six feet above ground level. Parking Space: An enclosed or unenclosed all-weather surfaced area of not less than one hundred eighty (180) square feet (measuring approximately 9 feet by 20 feet) not on a public street or alley, together with an all-weather surfaced driveway connecting the area with a street or alley permitting free ingress and egress without encroachment on the street or alley. Any parking adjacent to a public street wherein the maneuvering is done on the public street shall not be classified as off- street parking in computing the parking area requirements for any use. Sec. 9-2-4 Sec. 9-2-5 Sec. 9-2-6 to Plat showing lot on which fence proposed tO be erected, location of adjoining or adjacent lots and with heavy black lines outline the location of proposed fence. (Ord. 176) Fo Plat showing lot on which fence proposed to be erected, location of adjoining or adjacent lots and with heavy black lines outline the location of proposed fence. (Ord. 176) G. Approximate evaluation. (Ord. 176) PERMIT FEE A Permit Fee of ten dollars ($10.00) shall be charged for each Permit issued. (Ord. 176) PUBLIC PROPERTY No fence, guy wires, braces or any post of such fence shall be constructed upon or caused to protrude over prope~ that the City or that the general public had dominion and control over, owns or has an easement over, under, around or through, except upon utility easements which are permitted to be fenced. (Ord. 176) YARD, FRONTAGE REGULATIONS A. REAR YARD REQUIREMENTS It shall be unlawful to erect or maintain a fence at a height exceeding eight feet (8') in any rear ya.,xl, or along any rear yard lot line. (Ord. 87-350) Where driveways connect to 'alleys are commercial, industrial and residential areas, fences shall be only consu'ucted along the rear lot line of any lot to within five feet (5') of a point where the driveway would intersect the alley pavement at ninety degrees (90 degrees). Fences to be constructed along any driveway or perpendicular to alleys shall not be constructed within five feet (5')of the alley pavement. (Ord. 87-350) B. SIDE YARD REQUIREMENTS It shall be pea'mitred to erect a fence in the side yard of a lot to the side property line. (Ord. 87-350) C. FRONT YARD REQUIREMENTS It shall be unlawful to erect or maintain a fence within the front yard of COPPELL CITY CODE, 1993 EDrCtOt~ Chapter 9, Page 27 Sec. 9-2-7 Sec. 9-2-8 Sec. 9-2-9 · any lot, from the front building line to the front lot line. The front building line as that term is used herein shall mean the building line established by the building constructed 'on the lot if such established building line is a greater distance from the front lot line than that established by law. '(Ord. 87-350) TYPE OF CONSTRUCTION A. No fence erected in the City Limits shall be elecu'ically charged in any manner or form. (Ord. 176) B. No fence erected on property zoned for residential uses shall be consu'ucted of barbed wire fencing. (Ord. 176) In order to allow ingress and egress for Fire Department personnel and Fire Department equipment there shall be at least one (1) gate or opening with a minimum width of three feet (3') in each fence that is adjacent to or running parallel to any public alley, drainage, easement or utility easement except this provision shall not apply to utility easements that the City has allowed to be completely fenced in. (Ord. 176) INSPECTION Upon completion of installation, the Building Inspector shall be called upon for inspection. A Certificate of Acceptance will then be issued, or a rejection slip indicating the defects in the same. All fences constructed under the provisions of this Article shall be maintained as to comply with the requirements of this Article at all times. (Ord. 220) SWIMMING POOL FENCES A. SWIMMING POOL FENCE OR ENCLOSURE REQUIRED Every person in possession of land within the Corporate Limits of the City,either as owner, purchaser under contract, lessee, tenant or licensee, upon which is situated a swimming pool shall at all times maintain upon the lot or premises on which the swimming pool is located, and completely surrounding the swimming pool, lot or premises, a fence, wall or other solid swucture designed to prevent small children from inadvertently wandering into the pool. Such fence or other solid structure shall not be less than four feet (4') in height. Such fence or enclosing structure shall be constmctecl and maintained so that there will be no hole or gap therein, which would allow an object six inches (6") in diameter to pass through such hole or gap except through a door or gate meeting the requirements COPPFI. L CITY CODE, 1993 EDt'FiON Chapter 9, Page 28 NICHOLS~ JACKSON~ DILLARD~ HAGER & SMITHy L.L.P. LAWRENCE W. JACKSON ROBERT L O~LI.ARO III ROSF..RT E. HAGER PETER G.. SMITH DAVIO M. BERMAN BRUCE A. STOCKARD Attorneys & Cotmselo~ a~ Law 1800 Lincoln Plaza 500 North Akard Dallas, Texas 75201 JOHN F. ROEHM III CHRISTINA A. MELTON ROBERT L DILLARD, JR. H. LOOIS NICHOLS OF COUNSEL Dk~eG~ofL. Sieb Planning City of ~>t~pell P. O. Box 478x Coppell, Texas %75019 (214) 954-3333 FAX (214) 954-3334 December 14, 1993 Re: Park and Fly/Landscape Regulations Dear Gary: Pursuant to your request, the undersigned provide the following opinion concerning whether the Zoning Board of Adjustment may grant a variance to the landscape regulations contained in the Comprehensive Zoning Ordinance. For the reasons set forth herein, we conclude the Zoning BoardOf Adjustment may grant a variance to the landscape regulations contained in the Comprehensive Zoning Ordinance, where, owing to 'special conditionS,, a literal enforcement of the regulations will result in unnecessary hardship. You advise that Park and Fly has expressed interest in requesting the Zoning Board of Adjustment grant a variance to the landscape regulations contained in Section 34-1-8(a) which require a minimum of 10% of the gross parking area to meet certain landscape requirements. The landscape regulations found in Section 34 of the Comprehensive Zoning Ordinance do not provide a modification or variance procedure, however, Section 41-3(4) provides general variance authority for the Board of Adjustment. These provisions, to some extent, mirror the state law requirements found in Chapter 211 of the Local Government Code. Under Section 41-3(4), the Board of Adjustment may grant a variance to the terms of the Comprehensive Zoning Ordinance if it will not be contrary to the public interest, where owing to special conditionS, a literal enforcement of the provisionS will result in unnecessary hardship. Although Subsections (A), (B), and (C) of Section 41-3(4) lists specific variances or types of variances which the Board of Adjustment may grant, the list is not all inclusive. Therefore, the Zoning Board of Adjustment may grant a variance to the landscape regulationS founds in Section 34 of the Comprehensive Zoning Ordinance upon the showing of an unnecessary hardship. A variance will not be authorized to merely accommodate the highest and best use of the property nor to eliminate a financial ~ hardship. A variance should only be when the literal enforcement of the zoning ordinance does not permit December 14, 1993 Page 2 of the property. Accordingly, only if a literal enforcement of the landscape regulations will result in an unnecessary hardship because of the topography or the unique characteristics of the property .should the Zoning Board of Adjustment grant a variance. Thank you for your attention in this matter. If you have any further questions in this regard, please don't hesitate to contact me. Very truly yours, NICHOLS, JACKSON, DH J ~MRD, HAGER & SMITH, L. LP. '~~_GS/jd cc Mr. Greg Jones Chief Building Official City of Coppell P. O. Box 478 Coppell, Texas 75019 By: