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HomeMy WebLinkAbout08022007 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 August 2, 2007 MEMBERS PRESENT: Bryant Slimp, David Flame, Brian Hoogendam, J. Denis Powers, Dave Miller and Muddy McDaniel MEMBERS ABSENT: Dr. Peter Benjamin STAFF PRESENT: Chief Building Official Sean Landis, City Planner Debbie Scarcella, Permit Technician Josie Orosco, James L. Dougherty and Urban Forester Craig Koehl GUESTS PRESENT: Councilmen Chuck Duffy, Dick Yehle, Councilmen Michael Talianchich, Stephanie Williams, Troy Williams and Charles Kuck [Call to Order] Bryant Slimp called the meeting to order at 6:12 p.m. • 1. Notices, Rules, Etc. Bryant Slimp welcomed the visitors and staff members to the meeting. Sean Landis stated there were no customer response letters submitted. Bryarit Slimp stated that Muddy McDaniel and Dave Miller would be the alternate voting members. 2. Meeting Minutes. J. Denis Powers made a motion to approve the June 28, 2007 minutes. Muddy McDaniel seconded the motion. AYES: Bryant Slimp, Brian Hoogendam, J. Denis Powers and Muddy McDaniel. NOES: None. ABSTAIN: None. Meeting minutes passed. 3. Docket No. 07-01/Special Exception. Request by Michael Talianchich for a special exception to Appendix C, "Technical Codes", Section 3.0(3)(f) for the requirement of professional errors and omissions insurance. Bryant Slimp gave an overview of the hearing procedures for a special exception. Michael Talianchich stated he is a. Registered Structural Engineer in the State of Texas and a homebuilder who only does engineering for his own company. Mr. Talianchich stated he carries two million dollars of general liability and completive operative insurance. The insurance that he carries is far superior beyond the errors and omissions insurance. The home under construction in which Mr. Talianchich is requesting a variance for is a pier and beam foundation; which is elevated above grade buy three inches. Josie Orosco stated there were not any written statements or protest received. Sean Landis stated staff did not have any opposition to the request. He also noted that on December 29, 2006 the Building and Standards Commission granted s special exception for the same requirement for a home that was constructed at 2702 Werlein. There was brief discussion regarding if any changes had been made to the errors and omissions insurance requirement; Seal Landis stated there had not been any changes. J. Denis Powers made a motion that the Commission finds that all required circumstances for granting this special exception are present ;W 'd that the special exception be granted to Mr. Talianchich to allow him to construct the house at 2717 Sunset and 3800 University Boulevard 9 West University Place, Texas 77005-2899 0 7130668.4441 • www.westu.org Building and Standards Commission Meeting Minutes August 2, 2007 waive the professional omissions insurance requirements to Appendix C of the Codes, subsection F. Muddy McDaniel seconded the motion. AYES: Bryant Slimp, David Flame, Brian Hoogendam, J. Denis Powers and Muddy McDaniel. NOES: None. ABSTAIN: None. Motion passed. Special exception approved.. 4. Docket No. 07-02Nariance. Request by Troy Williams for a variance to Section 82.5 of the city's Code of Ordinances, titled "Replacement Trees." Josie Orosco stated the meeting agenda was posted the Friday before the meeting and letters to the eight surrounding neighbors of 3716 Georgetown were sent out by regular mail. Bryant Slim asked that BSC look at the section 18-20 of the Code of Ordinances. It lists the factors that must be taken into account and those that may be taken into account when considering a variance. There is also a list of nine findings that must be made before the Commission can grant a variance. The applicant must submit evidence to support each finding. Mr. Williams stated he and his wife purchased the house at 3716 Georgetown in April of 2006. The builder was required to replace 55" in diameter of trees. Mr. and Mrs. Williams wanted to install a pool so worked out an arrangement with the builder and the City where they would be responsible for replacing the tree inches. Shortly after purchasing the home, their four-year old son refused to continue swimming lessons. Thus, for child-safety concerns, the Williams chose not to go forward with the pool construction until after their son is able to swim. The Williams hired a professional from Texas Tree Company. The tree professional advised that the property could only handle three additional trees without damaging the root systems of the current trees on the property. Mr. Williams gave a presentation that • outlined the major points of the Tree Ordinance and the Criteria Tree Manuel. Mr. Williams stated according to the Criteria Tree Manuel, they are allowed to request a reduction in replacement planting inches if their lot meets one and a half times the minimum planting standards; if the pre-existing trees are a Class I or Class II tree and each pre-existing tree has to be at least 6" in diameter. Their 7440 square foot lot is required to have three trees. Currently their lot has five pre-existing trees that all larger then 6" in diameter. Mr. Williams stated their lot meets the minimum planting standards by 95". Josie Orosco stated there were not any written statements or protest received. Craig Koehl stated that all the aspects of the requirements for the reduction of inches have been met. The one aspect that has not been met was that the reduction request was not requested at the time of the permit application. Mr. Koehl explained that the ordinance does permit to have trees planted within 1,000 feet from the subject site. If there is not room at those properties, the applicant may pay into the tree trust. Additionally, if the resident or builder realizes they will be removing a tree in the future and wants to plant a tree as a credit for the tree removed, the applicant is required to provide written notification within 30 days from the time the tree is removed. Craig Koehl stated the actual amount to be paid into the tree trust for all the replacement inches would be $9,625.Mr. Koehl stated there have been additional trees planted but the City has not been out to conduct another inspection. Mt. Koehl stated there were two water oaks and a pecan tree that were originally removed from the subject site; which equaled to the 55". Mr. Williams stated the builder reduced the amount of the purchase price of the home by $6,875 which is $125 x 55". The remaining amount to be paid into the tree trust today would be $8,625. There was brief discussion regarding the three different ways of replacing the tree inches which include the following: pay $125 per inch into the tree trust, plant the replacement inches at his property or plant the replacement inches at no more then 1,000 feet away from the subject site. J. Denis Powers made a motion to deny the requested variance because the applicant has failed to prove that the circumstances required for a variance are present in this case. For example, the applicant failed to prove that findings one and two were not Page 2 of 3 Building and Standards Commission Meeting Minutes August 2, 2007 met. David Flame seconded the motion. AYES: Bryant Slimp, David Flame, Brian Hoogendam, J. Denis Powers and Muddy McDaniel NOES: None. ABSTAIN: None. Motion passed. Variance denied. 5. Urban Forest Code Amendments. Dave Miller suggested that the BSC schedule a workshop for this agenda item. Bryant Slimp called a workshop meeting to be held on Tuesday, August 21, 2007 at 5:30 p.m. in the Public Works Conference Room. [Adjournment] J. Denis Powers made a motion to adjourn. Brian Hoogendam seconded the motion. AYES: Bryant Slimp, David Flame, Brian Hoogendam, J. Denis Powers and Muddy McDaniel. NOES: None. ABSTAIN: None. Meeting adjourned at 7:43 p.m. PASSED THISAY OF , 2007 Bryant S imp, ha an ATTEST: 1 v`~` ' v Ms. Josie M. Orosco, Permit Technician Page 3 of 3