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HomeMy WebLinkAbout09042008 BSC Agenda Item 3 A STAFF REPORT BUSINESS OF THE BUILDING STANDARDS COMMISSION CITY OF WEST UNIVERSITY PLACE, TEXAS AGENDA OF: September 4, 2008 Docket No. 08-03 DATE SUBMITTED: August 29, 2008 DEPARTMENT OF ORIGIN: Urban Forester PREPARED BY: D Scarcella, City Planner PRESENTER: Chirawat Bodeepong SUBJECT: Request a hearing to appeal the decision of the Urban Forester to require replacement plantings for damage to a 34" pecan tree at 6020 Fordham, and if the appeal is not successful, request a variance to Section 82-5 of the City's Code of Ordinance for the required replacement plantings. Applicant requests the "damaged" trees be reassessed in two years to determine the amount of damage. EXHIBITS: Application, narrative from applicant, copy of letter from the Urban Forester, site pictures. EXECUTIVE SUMMARY Mr. Chirawat Bodeepong is requesting a hearing to appeal the decision of the Urban Forester that a 34" pecan tree was damaged through over-pruning and will be required to be replaced in accordance with the replacement planting requirement in Section 82-5 of the City Code of Ordinances. Should the appeal be upheld, Mr. Bodeepong is requesting a variance to Section 82-5 of the City's Code of Ordinance, titled "Replacement Trees." to allow a two year period in which to assess the tree for damage and determine replacement requirements. Around April 17, 2008, the Urban Forester received a complaint that a 34" pecan tree located in the back yard at 6020 Fordham had been damaged by severe pruning of the branches. He verified the complaint and sent a letter to the property owner, Mr. Chirawat Bodeepong. (A copy of the letter is attached to this report.) The letter basically stated that the Urban Forester believed the tree was pruned enough to cause damage to the tree ultimately resulting in its decline and death. The letter outline the replacement requirements as well. The Urban Forester received a reply from Mr. Bodeepong (letter attached) claiming the tree branches were life threatening and causing property damage, and so were removed. Mr. Bodeepong asked Craig to "dismiss" the replacement requirement for two years, pending reevaluation of the tree at that time. Craig responded (letter attached) and informed Mr. Bodeepong of his right to appeal and gave a detailed explanation of why the pruning of this species would contribute to its eventual demise. Mr. Bodeepong responded and Craig informed him of the appeal process. Upon examining the tree after it was pruned, Craig determined it met the requirement of damaged. Attached are photos of the tree where greener is growing out of the branches. The applicant believes this show the tree is in good shape and health. Craig believes, because of the species of the tree, that the types of cuts used will cause decay and disease. Correct pruning techniques allow the tree to "compartmentalize" the cells to aid in preventing disease and decay. Incorrect pruning cuts do not allow the tree cells to do this, thus causing disease and decay to progress to and down the trunk. As the branches increase in size, the stress (or moment) placed on the decayed areas will cause the branches to fail. The instability of the tree will become significantly increased and therefore is a damaged tree. If the BSC upholds the decision of the Urban Forester then replacement plantings will be required. Mr. Bodeepong requests a delay in the time required to plant these replacements for two years and requests a reassessment of the tree to take place at that time. Section 82-5 states: Number of replacement trees. Tree Disposition conditions and tree permits authorizing removal of or damage to large trees or protected trees shall normally require replacement by one or more newly-planted trees on the same subject site according to the "replacement inch" stipulations in the criteria manual. To the extent on-site replacement in not feasible, the permittee may choose to: (1) Plant and maintain off-site replacement trees within 1,000-feet of the subject site, subject to the provisions of the criteria manual; (2) Provide replacement-inch certificate from a tree trust or the UFEF, as provided in this section and the criteria manual; or (3) Provide replacement inches by some combination of the foregoing methods. Notwithstanding any other provision to the contrary, the BSC Commission, when considering an application for a variance: (1) Shall take into account efforts to avoid or mitigate removal of and damage to trees, particularly trees highly-evaluated under the criteria manual; and (2) May take into account the financial cost of compliance with this chapter, particularly as it compares to the cost of other work the applicant may be proposing. Additional criteria for granting a variance as listed in Chapter 18 must be taken into consideration as well. ~ • J 6 > { % I ~ w i~ ~ lT F #I iMl ~ ~r', i ~ a ~ srt - 'see:..v>'~ -2 ~ ~ , r - N' a _ ~ i~'~ ~ is s a,. 9~~° ` 5 o I 1 ..r ~~~I l 1; 1 ~ , 'r$ V R ~ 1 , r l /i- r i R_ _ _1 i{ ~ f „ f ~Iy, , r r : ~ t~ ~ , ~.r an. ~ }r, ti ~y Y ~jj ~ b' 4 ~j r r . ~ ~ :.,r~ ~ J City of West University Place A Neighborhood City Recycled Paper April 24, 2008 Nlr. Chirawat Bodeepong 6020 Fordham west University Place, Texas 77005 Re: 6020 Fordham - Damage to 34" Pecan tree and required replacement planting to comply with Chapter 42 ot'Code of Ordinances. Dcar Mr. Bodeepong, The 34" Pecan tree in the back yard of 0020 Fordham was reported as being damaged last week. Upon rev icwina the tree, we found all the major branches to have been severed back to approximately 14 feet in height. This topping has damaged the tree, is not a tree care industry accepted practice, and is a violation of Chapter 82 of the Code of Ordinances. Chapter 82 requires application for a permit prior to removing or damaging any tree 6" diameter or larger within the City. As per Chapter 82 -3 of the Code of Ordinances and the Tree disposition survey (b) fisscntial antd mandatmy conditions (1) Prohibit removal of or damage to any large tree... Damage, as defined in section 82-2, is: "Damage a tree means to take any action which could result in a tree's death, either immediately which are not or at any time within two years following the action. Some examples of such action, intended to limit this definition, are as follows: severing the main trunk or large branches or large roots... " Chapter 82 requires damaged trees be replaced. Replacement required for the 34" Pecan tree must include a total of 34" in new plantings and mast include at least (3) 4" diameter Class 1 or 2 trees. The 22" in plantings, required beyond the (3) 4" trees, must be at least 2" diameter Class 1 or 2 trees. Replacement irces must be planted on the lot on which the existing tree was damaged or within 1,000 feet of the subject lot. if there is not adequate room on the lot, credits can be purchased in the City of West University Place's free Trust. ]-lie replacement can be a combination of the replacement planting and Tree Trust Credits if you wish. Costs of credits in the Tree 'Trost are S 1,150.00 for each 4" diameter tree, and $125.00 per inch for any additional inches purchased. Replacement plantings and/or Tree "Crust Credits must be completed by Juiy 31, 2008 to avoid additional iolations and citations being issued. A tree Final inspection has been scheduled for July 31, 2008. Please let its know if you complete the required replacement at an earlier date and we \vill schedule the inspection at that time. Sincerely, Craig N. Kochi Danie r Urbun Forester Code Enforcement Officer ~'~00 Ijnivcrsity Roule,,md • %V-st I:niverltry ('bile:- Fe.tias 77()()5-2899 713*668.1441 • ~w~v.we.,i'ttt.r~r,g Kulsurang & Chirawat Bodeepong 6020 Fordham Street, West University Place, TX 77005 (312) 399-4222 July 14, 2008 Mr. Craig N. Koehl Urban Forester City of West University Place Dear Mr. Koehl: Referring to your letter dated April 24, 2008 (copy enclosed) regarding damage to the 34" Pecan tree located within our property; we are now aware of our mistake in not obtaining proper permit prior to having the branches removed, and will certainly consult the city prior to any similar activities in the future. As for the current incident, we do hope the city of West University would understand the reasons explained in this letter. With the fact that this is our first violation of any city code since we moved here in May 2007 and the house being our first house, we hope that the city would be willing to consider our requests below. We would like to request that the required replacement planting or Tree Trust contribution be put on a two-year deferment until April 2010. Further, we would also like to request that the required $6,200 ($1,150 x 3 for 4" trees and remaining 22" at $125/inch) replacement planting or Tree Trust contribution be dismissed if the mentioned Pecan tree is alive at the time. We are making these requests due to the following reasons: 1. It was necessary for us to remove the branches from this tree as they became a life-threatening condition, with large branches hanging over our bedroom and living room, and history of branches falling down. We realized this after a 16 feet branch had fallen down in our backyard during a storm in September 2007 damaging our garage and planters. It also splintered the trunk of a smaller tree underneath. We then heard about similar past incidents from our neighbors. As evidence, we have obtained an email confirmation of these past incidents from Ms. Jennifer Sickler, the owner of this house when the incidents occurred. A printout of this email is enclosed with this letter. 2. Contrary to the phone call which prompted your investigation, the tree is neither removed nor dying - as can be seen in the recently-taken pictures below. Based on this, we believe that the condition set forth in the Section 82-2 of the City Code (quoted below), is not met. Besides, with this tree still standing in our lot, we do not really have any space for replacement planting. According to your letter, Chapter 82-3 of the Code of Ordinances and the Tree disposition survey prohibits the removal of or damage to any large tree, with Damage being defined in Section 82-2 as: "Damage a tree means to take any action which could result in a tree's death, either immediately or at any time within two years following the action..." ';l • 0 • Page 2 July 14, 2008 It has always been our intention to keep the tree alive. We, of course, would always welcome your (or any of your colleagues') visit to check on the tree during this period or anytime thereafter. We also would like to note here that other neighbors also came by while the branch removal was in process. These neighbors were satisfied by our explanation and agreed with us as we pointed out the danger of having large branches hanging over our house, given what had happened in the past. On the other hand, the person who called the police dispatcher had never actually asked us, but instead incorrectly informed the dispatcher that the entire tree was being removed. As reference, a copy of the West U police call report is enclosed with this letter. While we now realize that we should have consulted the city before having had the branches removed, it is our believe that, had the branches not been removed, it was only a matter of time before any of them would fall onto the bedroom or living room while we were inside, given that the tree trunk is only 70 inches from the house, and the house covers an approximately 140 degrees arc on one side of the tree. Indeed, throughout winter 2007 and early 2008, smaller branches of up to 5 feet often detached and fell down from the larger ones onto the roof. We hope the enclosed satellite picture would give you a better idea of the number and size of branches which, at times, we can hear swaying above us. We do hope that you can imagine the amount of anxiety this had caused. In our opinion, generations of owner of this 70 years old house had unintentionally caused this dangerous condition by allowing the branches to grow uncontrolled. With us purchasing the house barely a year ago in May 2007, we hope that the City of West University would not make us pay for this collective and unintentional negligence, when our only relevant action being we have decided to take a necessary step to protect our lives and properties. We look forward to your reply to our request. In the meantime, if you have any questions at all, please feel free to contact me at my mobile number (312) 3994222 or at my email address: tony bodeepgnizL& a ail com. Sincerely, y ~r;'.,'V ~d t t~~ 1 r r Kulsurang (Kathy) & Chirawat (T ony) Bodeepong Owners, 6020 Fordham Street, West University Place, TX 77005 Enclosures: • Copy of letter from City of West University Place. Re: 6020 Fordham - Damage to 34" Pecan tree and required replacement planting to comply with Chapter 82 of Code of Ordinance • Printout of email from Ms. Jennifer Sickler, a previous owner of the house, confirming incidents of large tree branches fell down and damaged the house and garage. • Printout of satellite picture from an online map site, showing the branches spreading over our bedroom and living room prior to trimming. • Pictures of the Pecan tree as it is in July 2008, showing new small branches and leaves which grow back up after trimming. • Copy of the West University police dispatcher report, showing a caller incorrectly informed the city that the tree is being cut down. i • July 15, 2008 Mr. Chirawat Bodeepong 6020 Fordham West University Place, Texas 77005 Re: 6020 Fordham - Damage to 34" Pecan tree and required replacement planting to comply with Chapter 82 of Code of Ordinances. Dear Mr. Bodeepong, We are in receipt of your letter dated July 14, 2008, requesting a "dismissal" of the required replacement planting and/or Tree Trust Contribution. Chapter 82 will not allow us to "dismiss" the requirements. You may appeal this decision to the Building and Standards Commission which may provide reversal of the decision The tree as it stands today is technically alive, however, it has been severely damaged. The topping cuts are a violation of Chapter 82 and are not consistent with the industry standards for tree care included in the American National Standards Institute (ANSI) A-300. When trees are wounded and cells are killed, trees do not have the capacity to regenerate the cells. The tree has a process referred to as CODIT, Compartmentalization of Decay in Trees, in which the wound is compartmentalized to avoid decay and tree decline. When trees are not pruned with correct pruning methods the compartmentalization process does not occur and decay progresses down the trunk. This WILL happen with the cuts made on your tree. The new branches that are now growing from the trunks will then be attached to a point that will start to decay. As the branches increase in size the increasing moment placed on the decay will cause the branches to fail. You will have a tree that is significantly more unstable than what you had prior to the pruning. For this reason, the tree is considered damaged and replacement required to comply with Chapter 82. Replacement planting or equivalent Tree Trust contributions are required as specified in the letter you received from the City of West University Place dated April 24, 2008. Please let me know if you have any questions or need any additional information. Sincerely, Craig N. Koehl Urban Forester ckoelil0I wcstu.or{„ 713-662-5313 City of West University Place APPLICATION TO THE BUILDING AND STANDARDS COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS ("CITY") Address of site: Legal description of the site: Applicant: CHIRAWAT BODEEPONG, AND WIFE, KULSURANG BODEEPONG Address: 6020 FORDHAM, HOUSTON, TEXAS 77005 Contact: STEPHEN CAVANAUGH, ATTORNEY Phone: 713-623-4900 FaX: 713-623-6915 Email Address: SCAVQSWBELL. NET Decision or Action Requested (check one or more and provide requested data). ( x) Appeal. Hear and decide an appeal from an order, requirement, decision or determination made by the building official (or other administrative official) of the City. • Name and title of the administrative official: • Is the official's action in writing? ( x)Yes; ( 4copy is attached. ( )No, but the action appealed is as follows: • When was the action taken? 4/24/o8 Note: Appeals must be filed within a reasonable time. Please explain any delay below: FORESTER'S FINAL RESPONSE 7/15/2008 FINAL INSPECTION SET 07/31/2008 • Exact code of ordinance section(s) involved: 82-2, 82-3, 82-4, 82-8, CHAPTER 82,1-7, 18-5 OF THE CODE • Grounds for appeal: SECTION 18-18 BUILDINGS AND DEVELOPMENT MUNICIAPAL CODE ORDINANCE; CODE ORDINANCE 1-7- FINES ( )9 Special Exception. • Exact code of ordinance section that authorizes the special exception: 82 - 31- B ; 82 -10 B • Exact wording of special exception requested: DAMAGE TO A TREE... WHICH CAUSES AN UNREASONABLE IMPEDIMENT TO THE USE AND ENJOYMENT OF THE APPLICANT'S PROPERTY IS AUTHORIZED ALL CITY OFFICIAL,BOARDS AND COMMISSIONS ARE AUTHORIZED AND ENCOURAGED TO INTERPRET OTHER ORDINANCES AND RULES LIBERALLY TO MINIMIZE CONFLICTS... WHERE THERE MIGHT BE HAZARDS TO PERSONS OR PROPERTY { x) Variance. • Exact code of ordinance section from which a variance is requested: 82-1oC; 18-20;BUILDINGS AND DEVELOPMENT MUNICIPAL CODE ORDINANCE • Exact wording of variance requested: THE RIGHT TO SEVER BRANCHES AT APPROXIMATELY 14 FEET ON THE TREE TO PROTECT PROPERTY AND PERSONS FROM INJURY AND PREVENT A FINANCIAL HARDSHIP TO THE OWNERS;OR REVIEW IN 2 YEARS Other Data. Are there drawings or other data? (x )No (Yes (list items here and attach them) 1 PICTURES SHOWING ORIGINAL BRANCHES SPREADING OVER THE BEDROOM AND LIVING ROOM OF HOUSE 2 PICTURES SHOWING NEW BRANCHES GROWING FROM TREE Signature of applicant: L Date: 7-17-08 "I'll", 1"~ . For Staff Use oniv Date filed: ate heard: Docket#: --I-18-0$ -q-03 0$ d3 City of West University Place A Neighborhood City ® Recycled Paper April 24, 2008 Mr. Chirawat Bodeepong 6020 Fordham Nest University Place, Texas 77005 Rey 6020 Fordham - Damage to 34" Pecan tree and required replacement planting to comply with Chapter 82 of Code of Ordinances. Dear Mr. Bodeepong, The 34" Pecan tree in the back yard of 6020 Fordham was reported as being damaged last week. Upon reviewing the tree, we found all the major branches to have been severed back to approximately 14 feet in height. This topping has damaged the tree, is not a tree care industry accepted practice, and is a violation of Chapter 82 of the Code of Ordinances. Chapter 82 requires application for a permit prior to removing or damaging any tree 6" diameter or larger within the City. As per Chapter 82 -3 of the Code of Ordinances and the Tree disposition survey ('b) Essential and inundatory condillons (1) Prohibit removal of or damage to any large tree... Damage, as defined in section 82-2, is: "Damage a tree means to take any action which could result in a tree's death, either immediately or at any time within two years following the action. Some examples of such action, which are not intended to limit this definition, are as follows: severing the main trunk or large branches or large roots... " Chapter 82 requires damaged trees be replaced. Replacement required for the 34" Pecan tree must include a total of 34" in new plantings and must include at least (3) 4" diameter Class I or 2 trees. The 22" in plantings, required beyond the (3) 4" trees, must be at least 2" diameter Class 1 or 2 trees. Replacement trees mast be planted on the lot on which the existing tree was damaged or within 1,000 feet of the subject lot: If there is not adequate room on the lot, credits can be purchased in the City of West University Place's Tree Trust. The replacement can be a combination of the replacement planting and Tree Trust Credits if you wish. Costs of credits in the Tree Trust are S 1,150.00 for each 4" diameter tree, and $125.00 per inch for any additional inches purchased. Replacement plantings and/or Tree Trust Credits must be completed by Juiy 31, 2008 to avoid additional violations and citations being issued. A tree final inspection has been scheduled for July 31, 2008. Please let us know if you complete the required replacement at an earlier date and we will schedule the inspection at that time. Sincerely, AvUlc-lq Craig N. Kochi Danie rVich Urban Forester Code Enforcement Officer 3800 University Boulevard 0 West University Place, Texas 77005-2899 • 713.668.4441 • www.westu.org !L. t Y. LINING THE TRFF BFDROOM ROOM 1 illy - iV1Cl[JJ Page 1 of 1 J~F Live Search Maps 6020 Fordham St, Houston, TX 77005- 3126 My Notes 4 ~ 6 1 3 610 3 NEW! Try Live Search 411 Dial 1-800-CALL-41 i for latest info ®2098Mio►osof ap. d2NA+VTEQ AmeP S~ tlk~ je .:p t" i k. f fs[ 1 al http://maps.live.com/print.aspx?mkt=en-us&z=15&s=h&m=3&cp=nykprz7l fgb4&poi=60... 4/27/2008 • 0 City of West University Place A Neighborhood City ® Recycled Paper NOTICE OF BUILDING AND STANDARDS COMMISSION HEARING The Building and Standards Commission ("BSC") of the Cit of West University Place, Texas ("City") will hold a public hearing in the Bill Watson Conference Room of the municipal building, 3800 University Boulevard, City of West University Place, Texas 77005, during a meeting set to begin at 6:00 p.m. on September 4, 2008. The purpose of the hearing is to provide an opportunity for all persons to be heard in relation to the following matter: Address of the site: 6020 Fordham Legal description of the site: Lot 10, Block 3, Virginia Court Docket No.: 08-03 Applicant: Chirawat and Kulsurang Bodeepong Action Requested: Applicant requests a hearing to appeal the decision of the Urban Forester to require replacement plantings for damage to a 34" pecan tree and if the appeal is not successful, requests a variance to the replacement planting requirements in Section 82-5 of the Code of Ordinances to allow the tree to be reassessed in two years to determine the amount of damage to the tree. Applicable regulations include the City's Development Regulations and Urban Forest Preservation Regulations, Texas Local Government Code and the rules of the BSC. Additional details on such matters, as well as the applicable regulations are available for public inspection in the Public Works Center, 3826 Amherst, West University Place, 77005. Any person interested in such matters should attend the hearing. If you plan to attend this public meeting and you have a disability that requires special arrangements at the meeting, please 1 contact the Development Services Office at 713-662-5834 in advance of the meeting. Reasonable accommodations will be made to assist your participation in the meeting. The Municipal Building is wheel chair accessible from the west entrance and specially marked parking spaces are available in the southwest parking area. 3800 University Boulevard • West University Place, Texas 77005-2899 • 713.66804441 • www.westu.org