Park N Fly/FP-CS 931214 NICHOLS, JACKSON, DILLARD, HAGER & SMITH, Lf~L
ROBERT L ~D III 18~ Lk~k PI~
RO~ ~ ~ER
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DASD ~ ~R~ D~, Tex~ 75201
(214) 954-3333
F~ (=~4) 9~4-~4
December 14, 1995
Mr. Gary L. Sieb
Director of Planning
City of Coppell
P. O. Box 478
Coppell, Texas 75019
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 Board of 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 usc
of the property nor to eliminate a financial hardship. A variance should only be granted
when the literal enforcement of the zoning ordinance does not permit any reasonable use
December 14, 1993
Page 2
of the property. Accordingly, only if a literal enforcement of the landscape regulations will
result in an unnecessary hardship bemuse 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, ff you have any further questions in this
regard, please don't hesitate to contact me.
Very truly yours,
NICHOLS, JACKSON, DII J ARD,
HAGER & SMITH, L.L.P.
PGS/jd
Mr. Greg Jones
Chief Building Official
City of Coppell
P. O. Box 478
Coppell, Texas 75019