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City of West University Place
A Neighborhood City
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Building & Standards Commission
Located in the Bill Watson Conference Room,
3800 University Blvd,
West University Place, Texas 77005
Meeting Minutes
April 3, 2008
MEMBERS PRESENT: Bryant Slimp, David Flame, Brian Hoogendam, Dr. Peter
Benjamin, J. Denis Powers, Dave Miller, Muddy McDaniel and
Frank Griffin
MEMBERS ABSENT: Gent' Spedale
STAFF PRESENT: City Planner/Interim Building Official Debbie Scarcella, Permit
Technician Josie Orosco, James L. Dougherty and Urban
Forester Craig Koehl
GUESTS PRESENT: Sarah Westphal, Richard Rorschach, Ben Ballanfont and Heike
Newhauses
[Call to Order] Bryant Slimp called the meeting to order at 6:02 p.m.
• 1. Notices, Rules, Etc. Bryant Slimp welcomed BSC members, visitors and staff members to the
meeting. Bryant Slimp stated all BSC members present would be voting members. Debbie
Scarcella stated the Building Officials position has only been posted for two weeks and there
have not yet been any interviews. Bryant Slimp asked for an updated regarding the Bellaire
project. Debbie Scarcella stated it is a long-term project and the Public Works Director posts
updates to the West University Place website.
2. Docket No. 08-01 - Appeal and Variance Request - 4123 Tennyson. Frank Griffin made a
motion to move that this case be split into two parts. Part one will involve the interpretation of
the ordinance. We should hear presentations and vote on the interpretation first. Part two would
involve the request for a variance. We would only get into Part two if necessary - that is, if the
Commission supports the applicant's interpretation of the ordinance, there would be no need to
get into the variance issues. J. Denis Powers seconded the motion. AYES: Bryant Slimp, David
Flame, Dr. Peter Benjamin and J. Denis Powers. NOES: None. ABSTAIN: None. Motion
passed. Richard and Patricia Rorschach are requesting an appeal to overturn the decision of the
Urban Forester and a possible variance. The Rorschach's applied for a permit to remove four
crape myrtles located in the right-of-way area in front of their building site. Upon evaluation of
the crape myrtles, the Urban Forester determined that although the crepe myrtles had been
improperly pruned in the past, only one of the trees was damaged bad enough to warrant removal.
Craig Koehl pennitted the removal of one crape myrtle and denied the removal of the remaining
trees. Mr and Mrs. Rorschach are requesting that the Building and Standards Commission
overturn the decision of the Urban Forester and allow the removal of the remaining three crape
• myrtles. The Rorschach's have a plan to replace the crape myrtles with Drummond Red Maples.
There was general discussion regarding the cost, canopy coverage area and class of the
replacement trees. Craig Koehl stated that because of the way the crape myrtle trees were pruned,
3800 University Boulevard 0 West University Place, Texas 77005-2899 0 713066804441 0 www.westu.org
Building and Standards Commission Meeting Minutes
April3 2008
they would never reach tree form. Mrs. Newhauses asked how big the replacement trees had to be
and how many trees were needed to reach the canopy. She also stated the existing crape myrtles
may never reach full maturity because they are planted so close together. Craig Koehl stated the
current code states if the trees are deemed not healthy then there is no replacement. Craig Koehl
stated according to the proposed landscaping plan, the replacement trees are about 3'- 4' diameter
trees, which vary in height from 6' - 8' feet shorter then the existing crape myrtle trees. Craig
Koehl also stated that within three to four years of the Drummond Red Maple trees being planted,
the trees would be as tall or taller than existing crape myrtle trees. James Dougherty read the code
from the existing ordinance that entitles the homeowner to have the trees removed. Brian
Hoogendam made a motion to move that Section 82-4 of the Code of Ordinances be interpreted
to allow the issuance of a permit to remove a tree that "causes an unreasonable impediment to use
and enjoyment of property". For this purpose, the use can be either a current use or a proposed
use, and it need not involve construction (however, replacement trees are required, in accordance
with the ordinance). AYES: Bryant Slimp, Dr. Peter Benjamin, J. Denis Powers, Dave Miller and
Muddy McDaniel. NOES: None. ABSTAIN: None. The applicant's appeal is granted and the
decision of the Urban Forester is reversed. The Urban Forester is authorized to issue the
requested permits in this case (with the requirement for replacements. Bryant Slimp closed the
hearing portion of the meeting.
3. Meeting Minutes. Dr. Peter Benjamin made a motion to approve the February 7, 2008 minutes
as amended. J. Denis Powers seconded the motion. AYES: Bryant Slimp, Brian Hoogendam, Dr.
Peter Benjamin, J. Denis Powers and Frank Griffin. NOES: None. ABSTAIN: None. Meeting
• minutes passed. Dr. Peter Benjamin made a motion to approve the March 6, 2008 minutes as
amended. J. Denis Powers seconded the motion. AYES: Bryant Slimp, Brian Hoogendam, Dr.
Peter Benjamin, J. Denis Powers and Frank Griffin. NOES: None. ABSTAIN: None. Meeting
minutes passed. (David Flame joined meeting at 6:10 pm after meeting minutes had been
voted on)
4. Urban Forest Code Amendments. Dave Miller handed out a spreadsheet, which is an overview
of what was included in the BSC packet. Dave Miller stated since the last BSC meeting, Craig
Koehl, Debbie Scarcella, James Dougherty and himself have meet discussing the outstanding
issues. There was discussion regarding the proposed canopy coverage area for each lot and the
proposed requirements for homeowners wanting to remove trees when no construction is
occurring at the building site. There was general discussion regarding ownership of trees. Bryant
Slimp stated the location of the stem of the tree determines ownership of the tree. The
homeowner with the stem on their property would get credit for the canopy of that tree. If the
stem is located on the right-of-way area, the homeowner still gets credit for the canopy of the
tree. Special consideration for "heritage" trees was also discussed - whether or not a homeowner
should have to go before the BSC to have permission to remove a "heritage" tree. James
Dougherty stated the proposed tree ordinance amendments should not restrict the size of homes
built in the City, there is another section in the Code of Ordinances that deals with that issue.
Four, six and eight-inch trees in diameter were discussed regarding the planted cost and the actual
and computed canopy of the trees. Dave Miller stated according to the proposed amendments, the
City would give a bonus towards the canopy coverage area for trees planted that are 6" or bigger.
There was general discussion regarding the location of where the replacement trees would be
planted. There was also general discussion regarding what is considered the "right-of-way" area
and if the proposed ordinance should require all replacement trees to be planted in the right-of-
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Building and Standards Commission Meeting Minutes
April 3 2008
way. There was also general discussion whether or not a contractor should have the option to
plant replacement trees within 1,000 feet from the building site of where the construction is being
done. There was also general discussion regarding the procedures to allow homeowners to
remove problem trees. Bryant Slimp stated that City Council is very much into the property right
issues - especially what is allowed in the back yard. They would also like to see trees planted in
the front yard. Price is another big issue.
[Adjournment]
J. Denis Powers made a motion to adjourn. Dr. Peter Benjamin seconded the motion. AYES:
Bryant Slimp, David Flame, Brian Hoogendam, Dr. Peter Benjamin and J. Denis Powers.
NOES: None. ABSTAIN: None. Meeting adjourned at 7:51 p.m.
PASSED THIS DAY OF 2008
Bryant , Chairma
1~1 ATTEST:~~
Ms. Josie M. Orosco, Permit Technician
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