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Council declines carport variance request at 552 Arborbrook Lane after neighbor objections and zoning concerns
Summary
An applicant asked the council to allow an existing carport that encroaches on the side-yard setback. Planning and Zoning and the Board of Adjustment had previously denied relief; the council voted not to approve the planned-development rezoning that would have allowed the carport to remain.
The Coppell City Council held a public hearing Jan. 14 on a zoning request to allow a carport already constructed at 552 Arborbrook Lane to remain where it stands. The applicant, Derek Bunnell, asked the council to rezone his lot to PD 319 SF-12 to permit the carport; Planning & Zoning recommended denial and the Board of Adjustment had earlier denied a variance.
Mary Perron Boswell, planning staff, explained the carport was built without permits between May and October 2022 and does not meet the minimum side-yard setback required by zoning ordinance 12-35-5. The applicant then applied for a permit and for a Board of Adjustment variance; the BOA denied the variance for lack of a qualifying hardship. The applicant instead requested relief through a PD amendment before council.
Derek Bunnell said his driveway layout makes the house functionally unable to accommodate two enclosed vehicles and that the carport provides needed covered parking for his family. "I just want to use and enjoy my property within the rights I believe I have," Bunnell told council. He also presented a petition signed by a majority of nearby households supporting the carport under stated conditions (materials, anchoring, sealed plans). Several neighbors, including Randy Hartley and Sarah Hicks, spoke in support, saying the family has made improvements and that the carport helps with street congestion and safety in their neighborhood.
Opposition was lodged by the adjacent property owner who objected at prior hearings; staff noted that neighbor’s objection was part of the record. Several council members emphasized consistent enforcement of setbacks citywide. "Every homeowner in this community is expecting the Board of Adjustment and the Planning and Zoning Commission and this council to enforce the laws as they're written on the books," Council member Walker said, and other council members voiced similar concerns that allowing this encroachment could set a precedent.
Council member Matthew Hill moved to close the public hearing and approve the PD with conditions; Council member Prem Kumar seconded. The motion failed on the council floor. The motion's failure leaves the carport in nonconforming status; the applicant has the option to pursue civil appeal remedies outside the council process. No new permits for the carport were authorized by the council.
Planning staff had recommended that, if council approved a PD exception, the carport be allowed only where it currently exists and not be expanded. The Planning & Zoning Commission recommended denial by a 3–1 vote prior to the council hearing.
