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BOA 5/1/97 minutes.)'UN-OZl-1997 09:15 CITY DF CDPPELL p, ~ Board of Adjustment May l, 1997 Page 2 ITEM 4: Public Hearing to consider a request ~'or a special exception from Sections 31-6 (3) and 42-92 of the City's Zoning O~r, dinance, which concerns parking requirements based on use, for the p~operty located at 828 Howell Street. Ronald Jessen is requesting the specifil exception to reduce the number of required paxking spaces for Tren-Tec~ Company, to allow parking in its current existing configuration. The City's Zoning Ordinance requixes one · I parking space per 300 square feet of gross floor area for a business/prol'essional office. ', Greg Sones explained that this request has been thrdugh the Special Use Permit (SUP) process, during which consideration was given to ~is property as a business zoning for a residential structure. It was approved during that S~I'P process, with the exception of the parking configuration. He noted that this request is. a little unusual in that the property owner does not live at this address, so it does not qpalify as a home occupation, and because he does not live at this address, it was necessary to ~go through the SUP process to aIlow this property to be u~d as a business. As far as parking ratios are concerned, Greg Jones noted that one parking space per 300 sq. ft. of use, based'on the 1200 sq. ft. of gross floor area would be required. Thc applicant is requesting that. the parking configuration be allowed to remain as it is now. lie noted that in Staff's point of view, this appears to be a one-person occupation, making the required amount of parking :unnecessary. Therefore, Staff recommends approval. Commissioner Stonecipher asked when the zoning change took effect, and Greg Jones indicated that the re-zoning to commercial occurred, in the mid-80s, duril~g the master planning process. Greg Jones further noted that the. memo regarding the status of the SUP process was included in the packet as background i6formation for this Board's consideration. Chairman Bizzell asked if the existing parking situation consisted of two parking spaces, and Greg Jones indicated that there are two parking spaces, and possibly a third. The applicant was invited to step forward and pre,Jar his case. Ron Jessen, the property owner, indicated that he's requesting the parking variance because there Would be virtually no business traffic at this I,cation; 95 percent of the business is conducted away from this location, either at the cli6nt's office or the job site. He indicated that this special exception would fulfill his desire roi maintaJn the continuity and aesthetics of the neighborhood as it is now, including the front yard and large trees. Commissioner Stonecipher asked how many employees would be Working at this location, and Mr. J'essen indicated that he is the sole employee and works wi~h subcontractors who would very rarely need to visit his oft'ice. Chairman Bizzell asked w~y, with a one-man operation, did the applicant even need an office, and Mr. Sessen repli..ed that, in this line of work, he prefers to maintain a business address separate from his home~ noting that Coppell is centrally located, should any of his clients need to stop by. He furthbr explained that because his home is located in a remote, far west end of Flower Mound~ it is not easily accessible to clients. JUN-04-199? 09:15 CITY OF COPPELL p,8~ Board of Adjusunent May 1, 1997 Page 3 Chairman BizzeIl asked if any additional equipment Snd trucks would be parked or stored at 'this location, and Mr. Sessen indicated that only his personal vehicle would be parked at this location during business hours, and there would be no need for any type of signage on the property'. The meeting was opened to the public for those wishing to speak in favor of the special exception. ', Jacqueline Parish explained that she moved to the neighborhood in 1972, and it was before 1980 that the neighborhood was zoned commercial, noting that prior to that time, there was no zoning at all. She expressed her support for Mr.' Jessen's request, explaining that there is virtually no traffic associated with his business, noti,~g that she felt there would be no problems with parking or property upkeep. Commissioner Stonecipher asked Ms. Parish for the location of her property in relation to Mr. Jesseq's, and she explained that she is located at the northwest comer of the cul-de-sac. Vivian Checkley noted that she is in favor of this variance for Mr. Jessen. She explained that she and her husband have lived on Howell for 25 years and are now retired. She noted that it's actually possible to park four cars on Mr. Jessen's property, as the previous property owner had done. She reported that Mr. Jessen always parks his car under the carport, maintains the trees and grass on the property, and k~ps thc house in good repair. The meeting was opened to the public for those wishing to speak in opposition to the special exception. Rich Pilone explained that he's been a resident of 801 Howell Street for 17 years, and the property was originally classified as agricultural. H~ explained that through extensive research, he learned that this section of property was zoned commercial many years ago in preparation for a proposed highway which never materialized, but the zoning was never changed back, since there was nothing to change it back to. He noted that it's been a problem all of these years, resulting in a devaluation of his property; with the current zoning, he noted that he is unable to get any equity out of his home. To sell the property, he explained that no bank will issue a mortgage for more than 3 years on the property tx:cause of z~ming. He 'aoted that if the decision is ~nade to start waiving parking requirements and other such items to benefit busine~ owners, more and more businesses will move into the area, as was recently requested by AAisan Landscaping through a Special Use Permit. Mr. Pilone expressed his opinion that busiriesses should not be located in homes because surrounding property values are detrimentaliy affected, Commissioner Ker'tz emphasized that it's not the dee. ision of the Board as to whether or not Mr..lessen operates a business out of this house, but rather, if he should be required adhere to the parking ordinance. She further commeated tliat Mr. Pilone appears to be opposed to a business being located in the neighborhood, but his .~rimary concern seems to be to maintain the "Iook" of the neighborhood; therefore, she noted that the existing structure would be - JUN-04-199? 09:16 CITY DF COPPELL P,~4 Board of Adjustment May 1, 1997 Page 4 .acceptable to him as long as the residential "look" i.~ maintained. Mr. Pilone disagreed, somewhat, stating that, rather than leave the house a~ it is, he would prefer to see it leveled and replaced with a clean-looking, modern office building to maintain the integrity of the neighborhood. Otherwise, he noted that this type of.: selective decision-ina]ring will create a hodge-podge of problems in the future. Chairman ~izzell reported, however, that the Board of Adjustment deals on a case-by-casc basis, with e~h case standing on its own merit. Mr. Pilone responded that he understood the role of d~e Board, but noted that these types of problems will continue to grow as incoming board members change the character and decision-making of the Board. Commissioner Hym~r stated that the options available in this situation include allowing the property to remain as s residential-appearing structure or placing a small parking lot in the front or back yard, and Mr. Pilone responded that he is simply asking that a business be made to look like a: business and meet certain aesthetic standards that won't contribute to the devaluation oflsurrounding properties. The hearing was closed to the public and opened to ~e Board for discussion. Greg Jones distributed copies of two letters, one of ~hich was signed by several nearby property owners, in opposition to this request. Motion was made by Commissioner Hymer that the special exception be granted. Motion was seconded by Commissioner Stonecipher and a Vote was taken. Motion carried, $ to 0. Special exception granted. ITEM 5: Public Hearing to consider a request for a special exception from Section 31-2 (2) of the City's Zoning Ordinance, fer the property located at 552 S. Coppell Road. John and Deann Wishaw, repl~senting Dee's Deck & Fence, Inc., are requesting the special exception to all~)w the existing asphalt parking surface to remain at the front of their property, i~ntil such time as a zoning change for the Historical District becomes effecti{ve. The City's Zoning Ordinance requires that parking shall be allowed[ only on a paved concrete surface. Greg Jones referred to the drawings included in the ;:packet, and provided background information on how this property developed over th~ years. He noted that it was previously a residence and, at that time, the property owner was allowed to construct a wood fence and a parking area in thc yard. Via the process for a Special Use Permit (SUP), the property owner was granted approval to conduct the business; within the residential structure. He referred to the document provided by Planning and Zoning which outlines the conditions by which the Special Use Permit was granted, noting t~at it states that "the asphalt in the front yard and in the road right-of-way, excepting the asphalt of the roadway pavement itself, shall be removed and/or brought up to current City standards before May 12, 1997. unless the City adopts a zoning regulation requiring a differen~ standard, or unless otherwise notified by the Board of Adjustment". i TOTAL P. 04