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U-Haul/SPAm-CS000921 (4)SEP 21 2000 1S:3G FR NICHOLS JACKSON DILLA4 9G5 0010 TO 97230470~2 P.02 Robert E. He,er F.-miih rhsger(~n]dhLcom NICHOLS, JACKSON, DILLARD, HAGER & SMITH, L.L.P. Attorneys & Coun~elo~ nt Law lg00 Lincoln Plaza 500 Nonlt Akard D~llns, Texas '/5201 Fax (2~4) 965.0010 E-n~il N~DI-IS ~ NJDH$.com September 21, 2000 VIA FACSIMILE 017) 587-7829 Ms. Barbara A. Wolenty ROBINSON & WOLENTE LLC 8888 Keystone Crossing Suite 710 Indianapolis, Indiana 46240 RE: U-Haul International Dear Ms. Wolenty: Please be advised that, pursuant to our telephone conversation of September 20, 2000, I am writing to confum that the Planning and Zo_ning Commission has scheduled a meeting to review the Site Plan for U-Haul International. On Wednesday, September 13m, pursuant to a telephone conversation with you, we learned that the contract, which had been previously provided to me, by and between the Denton Tap Development, LLC and Five Sack Storage Corporation executed on June 6, 2000 had been cancelled. They appear in the records of the planning and Zoning Commission being the applicant for the Site Plan review. In visiting with Mr. Art Anderson, representative of U-Haul International, we indicated to him that this matter could not go forward because U-Haul was no longer authorized to represem the landowner or have any interes~ in the land. We also informed Mr Anderson that the application would be denied since the c.ur~,~,n.tJ~do_wnL~r w,~ not apphcant before the Planning and Zoning Commission. ~'~c, During the course of our conversation, yo~dicated to ~ that_that contr~_ t w..ould i~, ,fact be reinstituted, During the course of our ~digcussion, we indicated to you that necessary for us to have a signed addendum extending the contract afar learmng that the contract had in fact been cancelled. This fact was also confirmed by Mr. Anderson at Winstead Sechrest & Minick, P.C., the representatives of U-Haul. For those reasons, b~fore any action to either delay or approve the Site Plan for thc propmy located at the southeast corner of State Highway 121 and Denton Tap Road, it would be necessary to have proof of the reinsfitution of that contact. In addition to the discussion concerning going forward with either an extension of time or approval of the Site Plan, it would be necessary to actually receive this documentation. Likewise, we indicated to you that we were not in the position to guarantee the outcome of the SEP 21 2000 1G:37 FR NICHOLS JACKSON DILLA4 9G5 0010 TO 97230470B2 P.03 Ms. Barbara A. Wolenty ROBINSON & WOLENTY, LLC September 21,2000 Page 2 September 21, 2000 Planning and Zoning Commission meeting.. We, as attorneys for the City, can make recommendations. Thosc recommendations may or ma)' not be accepted by those members of thc Zoning Commission who were given the jurisdiction under Smtc law and Ordinances of the City of Coppell to review and make recommendations to thc City Council. In addition, we have also received mixed communications from U-Haul who appears to be a party of interest in this case. U-Haul has asked for au extension from the Sep0~nber 21~ Planning and Zoning meeting to the October 190' meeting. Again, we are not in position to grant ch re uest if in fact U-Haul, or any of its partners or associates concerning this property, no ~o~ger Y~vc any interest in the land, In reviewing the Planning and Zoning Commission-miames~ as well as the documents from the development review committee for the City of Coppell, there are several technical issues from thc Fire DeparUnenta~9~c~c~ming ~ !anes, .as well ~ issues involving landscaping and other requirements in the Subd:Z~n RegulaUons. As you aha I have discussed, many of the comments which staff has heretofore made have also included issues involving the aesthetics of the building, as well as the placement of the outside storage doors and other issues concerning activities on the property which might present a health, safety, and welfare issue concerning the approximate location of said fire lane. As a result of thc foregoing, it is our opinion that there are some legitimate health, safety, and welfare issues concerning the fire lane and the radius as represented on the Site Plan. The Commission has three alternatives: (1) approve the Site Plau as submitted; (2) dcny thc Site Plan based on technical health, safety, and welfare concerns; or (3) continue this case. We have cxprcsscd our concern with whether or not U-Haul currently has contractual right to co-offer a Site Plan, During the course of dictating this letter, I have been handed an extension of your contractual relationstfip under the institution of the original contract by and between the Five Sack Storage Corporation. We assume Five Sack Storage Corporation to be U-Haul in this ease, though there is some confusion as to the property owner on this matter. We assume that Mr. Anderson will be present to proffer his request for a continuance this evening. As represented to you on other occasions, I do not control nor inappropriately influence either the Planning and Zoning Commission or thc City Council concerning their legislative prerogatives. The granting of a continuance in this matter is a matter that is well within the discretion of the Commission based upon the request of U-Haul dated September 19, 2000. We intend to make sure that th~ Planning and Zoning Commission receives a copy of the request for the continuance. I will express our concern as legal counsel whether this continuance is sought for the purpose of correcting a known defect in the Site Plan in which the Planning and Zoning Commission would use as a basis to reject this propos~ use. Without commenting further on this, we do not expres? an opinion about the motives for the request. However, we note that the fact the request may~ have been granted in the past and, as a consequence, misunderstandings have occurred bctwce~ the respective parties. These previous misunderstandings cause some reluctance by the undersigned as to the motives for such continuance. Thus, it would be our recommendation to you that a representative of U-Haul be present tonight to proffer its request for a continuance in NICHOLS, JACKSON, DILLARD, HAOER & SMITH, L.L.E 36163 SEP 21 2000 1G:37 FR NICHOLS JACKSON DILLA4 965 0010 TO 9T~304709~ Ms. Barbara A. Wolenty ROBINSON & WOLEArTY, LLC September 21, 2000 Page 3 this matter and address qucstio~ thc Commission may have concemin~ their review of the Site Plan set for the Planning and Zoning Commission tonight. Thank you for your attention to this matter. If you have any questions please contact us at your convenience. Very truly yours, NICHOLS, SACKSON, DILLARD, HAGER & SMITH, L.L.P. P.04 KEH/jld cc: Gary Sieb VIA FAX By: DICTATED BUT NOT READ Robert E. Ha~cr NICHOLS, IACKSON, DILLARD, HAGER &SMITH, L.L,P. 36163