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Nlake 635(11)/SP-CS 980709CITY OF COPPELL, TEXAS BOARD OF ADJUSTMENT Thursday, July 9, 1998 The Board of Adjustment met on Thursday, July 9, 1998, in the City Council Chambers located in the Town Center, 255 Parkway. Board members present: Jerrie Kertz, Chairman David Stonecipher, Vice Chairman David Hymer, Commissioner Cletus Glasener, Commissioner Alternate board members present: Charles Armstrong, Commissioner Jamshed Jamadar, Commissioner Norman Kressmann, Commissioner Board members unable to attend: Michael Seifert, Commissioner Richard Hohnholt, Commissioner Staff members present: Greg Jones, Chief Building Official Mary Beth Spletzer, Recording Secretary Applicants present: Ann Dragon, 1310 Woodlake Ct., Corinth Lanse Fullinwider, 320 E. Bethel School Rd., Coppell Julie Reeves, 770 Pelican, Coppell ITEM 1: Call to order at 7:30 p.m. by Chairman Kertz. Commissioner Kressmann was invited to serve on the Board in the absence of Commissioner Seifert. ITEM 2: Invocation was given by Commissioner Glasener. ITEM 3: .Approval of Minutes of May 7, 1998 Meeting. Vice Chairman Stonecipher made a motion that the minutes of the May 7, 1998, meeting be approved, as written. Motion was seconded by Commissioner Kressmann, and a vote was taken. Motion carried, 5 to 0. Chairman Kertz administered the oath for all members of the audience who were speaking either for or against the requests being presented at this meeting. ITEM 4: Public Hearing to consider a request for a variance from Section 35 of the City's Zoning Ordinance, which concerns the type of material used in the construction of an accessory building, for the property located at 140 S. Heartz Road. Mr. Curt Riske, representing Christ Our Savior Lutheran Church and School, is requesting a variance to allow for the construction of a temporary shade structure with padded metal comer posts, rather than brick, as the Ordinance requires. Greg Jones reported that it was only after the church had already purchased a shade structure for their playground that the sales representative of Shade Structures decided to check with the City regarding the need for a permit. He reported that the flame-retardant canvas cover and the adequacy of the metal supports were in compliance, but due to the size of the structure, masonry construction on 80 percent of the structure would be required by Ordinance, meaning that the posts would need to be faced with masonry. He explained that the structure is already erected, and the church is planning to apply padding to the posts. Commissioner Hymer inquired about how arbors were historically handled, and Greg Jones reported that the Ordinance was revised to allow arbors up to 300 sq. ft. as long as the posts are positioned six feet apart, thereby resolving many potential problems. In this case, however, he noted that the structure exceeded 1,200 sq. ft. and couldn't be permitted without the masonry stipulation. The applicant was invited to step forward to present his case. Board of Adjustment July 9, 1998 Page 2 Ann Dragon, representing Principal Curt Riske and the Parent Teacher League of Christ Our Savior Lutheran School, explained that money was donated to purchase the shade structure for the school playground. Following the construction, the school learned of the masonry requirement, as well as the need for a permit. She noted that the structure's size was determined by the need to cover an existing large piece of play equipment. She further explained that the church and school will soon undergo a building project during which the existing playground equipment will be moved to an inner court area. Ms. Dragon noted that this is a request for an 18-month variance only, extending through the construction period, until which time as the shade structure can be moved to the new courtyard and permanent masonry pillars can be built to bring the structure into compliance with the Ordinance. Commissioner Stonecipher asked for clarification on the location of the playground within the new courtyard and Ms. Dragon pointed it out. Chairman Kertz asked if the applicant would be required to re-permit the structure when it is relocated, and Greg Jones responded that it would most likely be included in the general permit for the new construction. The meeting was opened to the public. No one spoke in favor of or in opposition to the variance request. The meeting was closed to the public and opened to the Board for discussion. Commissioner Hymer commented that perhaps the 18-month time period should be extended to 36 months, allowing ample time for the relocation, should weather conditions delay the construction process. Chairman Kertz noted, however, that 18 months would probably be sufficient, since the completion date determined by the school is Fall 1999. Motion was made by Commissioner Hymer that the variance request be granted, allowing the metal comer posts for a period not to exceed 24 months. Motion was seconded by Commissioner Kressmann, and a vote was taken. Motion carried, 5 to 0. Temporary variance granted. ITEM 5: Public Hearing to consider a request for a variance from Section 9-2-6(d) of the City's Code of Ordinances to allow a front yard fence/retaining wall, for the property located at 1203 Crestside Drive, Suite 150. Mr. Lanse Fullinwider, representing Coppell Child Development Center, is requesting a variance to allow for the construction of a retaining wall and fence to enclose an outdoor play area for children. Greg Jones distributed larger detailed drawings of the project. He explained that after viewing the property and checking the plats, he realized that this parcel had never been platted, although other sections of the Nikor Center were platted. He noted that platting is necessary in order to issue a building permit, as well as to determine the location of a front yard. Because the property is located on Crestside and Wrangler, he reported that it has a front yard along both streets and, by Ordinance, a fence may not be erected within a front yard. He further explained that the day care was approved by the State to use the indoor gym as a temporary play area, with the ultimate goal being the construction of an outdoor play area. In order to do so, he explained that some leveling of dirt will be necessary, as well as the construction of a retaining wall. He further explained that, for safety reasons, a fence surrounding the play area would be required and the applicant is considering a decorative type of fencing. Greg Jones indicated that the platting process is now complete and the fence permit is awaiting approval, pending the action of this Board regarding the location of a fence in a front yard area. He further noted that because play structures are not regulated by the City, the only issue for consideration is the fence. Board of Adjustment July 9, 1998 Page 3 Commissioner Hymer asked if any letters had been received from surrounding property owners concerning this case, and Greg Jones indicated that there were none. Chairman Kertz asked if the applicant needed a Special Use Permit for the location of a child care facility in an industrial location, and Greg Jones indicated that this situation required site plan approval, rather than an SUP, and that process had already been completed. Chairman Kertz asked what would happen, in the future, when this business decides to vacate this space, leaving the City with a fenced-in front yard lease space, thereby encouraging an incoming tenant to use that space as outside storage. Greg Jones noted that this variance approval could be conditional and apply only to Coppell Child Development Center. Should this tenant outgrow the space and decide to move, the property management company would then be asked to remove the front yard fence. Commissioner Kressmann commented that the type of fence material suggested by the applicant is not one of the approved types listed in the Ordinance. Greg Jones responded that screening fences are required to be masonry, but other fences are not limited. In this case, the decorative metal does comply with the Ordinance. The applicant was invited to step forward to present his case. Lanse Fullinwider explained that he and his wife, Nan, of Nan's Developmental Gymnastics Center, own the gym, as well as Coppell Child Development Center. He noted that they had a State-approved variance for the use of the gym as a play area, but the State just recently cancelled that variance, requiring an outdoor playground. He explained that the playground surface would consist of: a weed mat covering the grass, a rock layer, an additional weed mat over the rock, and a top layer consisting of wood fiber, on which the fence would be constructed for easy removal, should the need arise. Julie Reese explained that the State requirements have changed, somewhat, with current emphasis on the importance of fresh air and outdoor play, even in the winter months. She noted that the placement of the playground should not impact the surrounding businesses, adding that two of the businesses (the church and the YMCA) will soon be vacating the area. She explained that there is very little traffic along Crestside, adding that Wrangler is most often used to access the middle school, and the traffic rush hours of the middle school and the YMCA are different than those of the day care. The meeting was opened to the public. No one spoke in favor of or in opposition to the variance request. The meeting was closed to the public and opened to the Board for discussion. Commissioner Kressmann questioned the line of sight at this property, noting that drivers may not see someone walking on the sidewalk. Greg Jones indicated that he had not contacted the Engineering Dept. for their input on this issue, but if the Board wishes to place a condition on the request that the visibility triangles be maintained, the Engineering Dept. will be given an opportunity to review the plan. He noted that the triangle is slightly different on this corner --- it's not just a 45-degree corner clip, but is measured back from the end of the intersection. Motion was made by Commissioner Stonecipher that the variance be granted, subject to review by the City's Engineering Dept. regarding lines of sight and contingent on the building remaining as a childcare center. Motion was seconded by Commissioner Glasener and a vote was taken. Motion carried, 5 to 0. Variance granted. Board of Adjustment July 9, 1998 Page 4 OTHER BUSINESS: Greg Jones briefly discussed the proposed merging of the Board of Adjustment with Building and Standards Commission. He explained the functions of the Building and Standards Commission that would shift to the Board of Adjustment would be such issues as: appeals of interpretations made by the Chief Building Official concerning building code issues; appeals of interpretations made by the Fire Marshal; Neighborhood Integrity issues; and recommendations for code adoptions. He noted that the system for rotation of board members is yet to be determined, but all interested members of both boards are required to re-apply by the end of this month whether their terms are expiring or not. It was suggested by Chairman Kertz that in light of these upcoming additional responsibilities, it would be important to schedule the training/orientation session as early as possible in the new fiscal year. Commissioner Hymer asked if the City Attorney had been contacted regarding the combined duties and/or how the scope of decision-making may be changing, and Greg Jones indicated that these issues were yet to be resolved. ADJOURNMENT: Motion was made by Commissioner Kressmann that the meeting be adjourned. Motion was seconded by Commissioner Glasener, and a vote was taken. Motion carried, 5 to 0. Meeting adjourned at 8:12 p.m. ~e~i~,~ertz, ~r/narl l f,3 Mary ~eth Spletzer, Recording Secretary