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HomeMy WebLinkAbout04032008 BSC Minutes 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 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- Page 2 of 3 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 Page 3 of 3