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HomeMy WebLinkAbout08072008 BSC Minutes t City of West University Place • A Neighborhood City ® Recycled Paper Building & Standards Commission Located in the Bill Watson Conference Room, 3800 University Blvd, West University Place, Texas 77005 Meeting Minutes August 7, 2008 MEMBERS PRESENT: Bryant Slimp, Dr. Peter Benjamin, J. Denis Powers, Dave Miller, and Frank Griffin MEMBERS ABSENT: David Flame, Brian Hoogendam, Muddy McDaniel and Gerry Spedale STAFF PRESENT: Building Official John R. Brown, City Planner Debbie Scarcella, Permit Technician Josie M. Orosco, Permit Technician Kathi Sutton, James L. Dougherty, Urban Forester Craig Koehl and Code Enforcement/Animal Control Officer Daniel Paripovich GUESTS PRESENT: Larry McDowell, Judith McDowell, Sarah Westphal-Wihl, Patricia A. Bell, David Ranucci, Kelly Ranucci and Martha Loder • [Call to Order] Bryant Slimp called the meeting to order at 6:00 p.m. 1. Notices, Rules, Etc. Bryant Slimp welcomed BSC members, visitors and staff members to the meeting. There were introductions of BSC members, staff and visitors. Bryant Slimp stated Frank Griffin and Dave Miller would be the alternate voting members for the meeting. Bryant Slimp welcomed new Building Official, John R. Brown to the City of West University Place. 2. Meeting Minutes. J. Denis Powers made a motion to approve the July 9, 2008 minutes. Frank Griffin seconded the motion. AYES: Bryant Slimp, Dr. Peter Benjamin, J. Denis Powers, Dave Miller and Frank Griffin. NOES: None. ABSTAIN: None. Meeting minutes passed. 3. Docket Number 08-02 retarding property at 4144 Coleridge Street, West University Place, Texas. Dr. Peter Benjamin made a motion to suspend the regular meeting and start the hearing procedure. Dave Miller seconded the motion. AYES: Bryant Slimp, Dr. Peter Benjamin, J. Denis Powers, Dave Miller and Frank Griffin. NOES: None. ABSTAIN: None. Motion passed. Bryant Slimp administered an oath to everyone speaking on this matter. Bryant Slimp asked Permit Technician Josie M. Orosco if the request for the appeal was posted properly. Josie M. Orosco stated it was filed properly. Sarah Westphal-Wihl, Attorney speaking on behalf of the McDowell's, stated a notice was received from the City concerning the garage that required them to apply for a demolition permit by June 22, 2008 and complete any demolition or repair activities by July 12, 2008. Sarah Westphal-While stated it is not an economically viable house to spend extensive amounts of money on for repair. Mr. & Mrs. McDowell are in the process of . looking for property to move outside of the city limits of West University Place. The McDowell's are requesting the notice be suspended until the end of the year. David and Kelly Ranucci who reside at 4148 Coleridge stated the McDowell's have been wonderful neighbors. They have not 3800 University Boulevard • West University Place, Texas 77005-2899 0 713066804441 0 www.westu.org Building and Standards Commission Meeting Minutes August 7, 2008 been bothered by the garage and did not notice it until the letter was received from the City. Daniel Paripovich stated the original complaint was received by a neighbor. Since then, they have been given a copy of the paperwork and it was explained to them what time frame was requested by the McDowell's and they do not have an issue with the extension either. There were general questions from BSC to both staff and the McDowell's regarding the complaint. Sarah Westphal- Wihl stated the McDowell's were hoping to have a contract or an escrow for a purchase of another property outside of West University Place, but someone else purchased the property they were looking at. There were general questions to staff regarding the time restraints on obtaining a demolition permit. Debbie Scarcella stated there is not a time requirement written in the code of ordinances that requires someone to apply for a structure to be demolished. Dave Miller made a motion to suspend the rules. Frank Griffin seconded the motion. AYES: Bryant Slimp, Dr. Peter Benjamin, J. Denis Powers, Dave Miller and Frank Griffin. NOES: None. ABSTAIN: None. Motion passed. There was general discussion regarding what time extension should be granted. Dave Miller made a motion to grant a time extension to Judith and Larry McDowell until November 1, 2008 to apply for a permit and/or demolish the detached garage structure located at 4144 Coleridge Street with the following additional conditions: All work under permit is completed no later than December 31, 2008 or within 60 days of closing to new buyer, whichever is earlier; Chief Building Official to draft a new notice with the new conditions to the applicant. The applicant must provide verification that a subsequent property buyer is furnished a true and correct copy of the formal correction notice at the time of sale and the decision is to be recorded in the deed of records for Harris County. Dr. Peter Benjamin seconded the motion. AYES: Bryant Slimp, Dr. Peter Benjamin, J. Denis Powers, Dave Miller and Frank Griffin. NOES: None. ABSTAIN: None. Motion passed. • 4. Urban Forest Code Amendments. Craig Koehl provided the canopy coverage area from the GIS system. Total City area is 55,733,976 square feet; total right of way area is 12,406,315 square feet; total approximate adjacent street yard area and rear yard area is 9,604,200 square feet. The right of way area contains approximately 25.8% of total City area. The adjacent street yard area and rear yard area contains approximately 17% of total City area. Craig Koehl stated if the BSC considers the right of way area and adjacent street yard area, the total area represents 42.8% of the City's total area. If the BSC considers the right of way area, adjacent street yard area and rear yard area, the total area represents 59.8% of the City's total area. There was general discussion regarding these totals and how they were calculated. Craig Koehl stated he used a lot size average. There was no way to get an exact number with the technology that is available. James Dougherty suggested the small average be used instead of the medium average. There was also general discussion regarding if side yards should be counted in the canopy coverage area calculations. Craig stated the canopy coverage area for the entire City should be 40%. Craig Koehl also stated 40% is also what the American Forest Association recommends. Bryant Slimp asked for Craig Koehl to provide what percentage the City is at the present time. Craig Koehl stated it might be hard to come up with the exact calculations since aerial photos are taken during the winter when there is no visual canopy. Craig Koehl stated he thinks the City is anywhere between 25-35% of the recommended canopy coverage area; this percentage includes all trees, not just Class I and II. There was general discussion regarding what the minimum canopy coverage for each lot should be during a major or minor renovation. Frank Griffin stated he ran some numbers and from his calculations, he estimated that at least 500 trees a year needed to be planted in order to keep up with the recommended canopy coverage area. Dave Miller made a • motion to suspend the rules. Frank Griffin seconded the motion. AYES: Bryant Slimp, Dr. Peter Benjamin, J. Denis Powers, Dave Miller and Frank Griffin. NOES: None. ABSTAIN: None. Page 2 of 4 Building and Standards Commission Meeting Minutes August 7, 2008 Motion passed. Patricia Bell gave a brief description of her backyard. Patricia Bell stated she was employed with TCEQ where she reviewed the drafting and language of new regulations for the State agency and suggested to the commissioners how they could avoid losing the regulations due to legal challenges. Patricia Bell made the following recommend changes to the urban forest amendments: in the opening section of the purposes and findings of the regulations, one thing the BSC wants is to have a strong reason for justification by adding language to the section that is now supported by other literature. Such items to be included would be storm water management benefits, pollution removal, net ozone, and air quality, save energy and wild life habitat. Patricia Bell stated she is not trying to tell anyone how to do their job, she'd like to support what BSC is doing and have citizens on the record as supporting what is being done. One thing she does particularly urge BSC to do is to be as bold as possible due to the loss of the tree canopy coverage area that has occurred since the 1980's. Patricia Bell stated (what she considers to be a heritage tree) a large oak tree was removed in the 2900 block of Lafayette so a contractor could have the extral00-200 square feet to build a larger home. Patricia Bell also suggested there be some kind of incentives to keep trees to preserve them instead of replacing them. Bryant Slimp asked if Patricia Bell could submit copies of the research she has done to Debbie Scarcella. Dave Miller stated he thinks that under the section, trees that must be replaced, it should read "All unless the 50% canopy standard is met". There was general discussion regarding what the standard canopy coverage area should be for trees that need to be replaced. James Dougherty stated it would be hard to justify to contractors/residents to require them to be above the target canopy coverage area for each lot. Mr. Dougherty also stated if BSC wants to have a two tier standard, determine what the goal is, and from that, derive a single target standard and have a lower standard for those who can not get to the higher standard immediately (because of the . trauma and construction), but has a reasonable prospect of growing into it. Make it so that people can cut down to the upper number but they always have to plant up to the lower number. Dave Miller asked if BSC could set a separate higher standard that applies to the lots that are owned where no major renovation or new construction is being done. Dave Miller stated BSC has to if they want the entire city to get to the 40-45% recommended canopy coverage area. There was general discussion regarding this issue. Dr. Peter Benjamin asked if Craig Koehl has figured out the added cost depending upon the canopy requirement. Craig Koehl stated that he does have the information. Dave Miller stated BSC tried to keep it in the neighborhood of 24%, if it was over 4%, which is $40,000 on a million dollar home. As the ordinance is today, there are not economical constraints to them, they can remove all the trees and replace them with a row of 2" diameter trees that are planted too close together and are unable to meet maturity and also contribute money to the tree trust. Frank Griffin asked if there was a high cost associated with cutting down a tree, if it would have the same motivation as giving credit to leaving the tree. There was general discussion regarding if the formula was changed giving the contractors/homeowners credit for the total canopy coverage area from two years to five years. Craig Koehl stated the only issue with that is the more credit you give to new trees, the less valuable the existing trees become. James Dougherty stated he does not think a three tier standard would work. James Dougherty requested Craig Koehl to provide to BSC at the next meeting what the best scientific canopy coverage area standard should be. Craig Koehl stated there should also be a minimum planting area for each tree planted that would allow trees to reach maturity. James Dougherty stated if BSC sets too high of a canopy coverage area, then design the regulations to achieve that, then the City would be forcing people to plant trees that can not be supported by the environment, which would be defeating the purpose. James Dougherty recommends BSC make sure the numbers are based on best judgment and they logically, fairly and equitably, over time, lead to achieving the canopy coverage area goal. Page 3 of 4 Building and Standards Commission Meeting Minutes August 7, 2008 5. Excavations and Under round Structures. Debbie Scarcella stated plans to have recently been submitted that included a basement. According to the existing a new home ordinance, there are no setback regulations for underground structures. Debbie ScarSella ells the underground structure should project into the yards and if so, then how much? asked if excavation area be allowed to project into the side yards? Should the structures should be allowed on narrow lots taking he 3/7 a She also lternate side yard ex cepti nd there be additional regulatory language controlling the basements in the 100 Year floodplain? Debbie Scarcella stated ZPC is currently reviewing the regulations. p • Should within the walls of an underground structure be counted toward fram doarea.he area included stated BSC needed to establish a higher regulatory standard if the floodplain route is going to be taken -the finished floor elevation of the lowest level couldn't Debbie Scarcella BSC asked for further discussion at the next meeting. be less than base flood elevation. [Adjournment] J. Denis Powers made a motion to adjourn. Dave Miller seconded the motion. AY Slimp, J. Denis Powers, Dave Miller and Frank Griffin. NOES: None. ABSTAIN S: Bryant Peter Benjamin left at 8:03 p.m. Meeting adjourned at 8:23 None. Dr. PASSED THISA AY OF ' p.m. )1) ` , 2008 Bryant Slimp, Chairman ATTEST: j~~ Ms. Josie M. Orosco, Permit Technician Page 4 of 4