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HomeMy WebLinkAbout09042008 BSC Agenda Item 4 r' STAFF REPORT BUSINESS OF THE BUILDING STANDARDS COMMISSION CITY OF WEST UNIVERSITY PLACE, TEXAS AGENDA OF: September 4, 2008 Docket No. 08-04 DATE SUBMITTED: August 29, 2008 DEPARTMENT OF ORIGIN: Dev Srvs PREPARED BY: D Scarcella, City Planner PRESENTER: Jerry Davlin on behalf of Mohamed Defrawi SUBJECT: Request a variance to Section 18-171 of the Code of Ordinances to allow a swimming pool to be three feet from the west side property line instead of the required five feet. ATTACHMENTS: Application, applicant's narrative, property survey, proposed pool plan, engineer's statement. STAFF SUMMARY Mr. Mohamed Defrawi is requesting a variance to Section 18-171 of the City Code of Ordinances to allow a pool to be located three feet from the side property line (west) instead of the required five feet. Section 18-171, "Setbacks, location, etc.", requires that no part of the outside wall of any swimming pool may be closer than five feet to any property line. Mr. Defrawi is requesting to be allowed to place the outside wall of the pool three feet from the side property line. The maximum depth of the pool on this side will be five feet. Attached is a copy of a letter from the pool engineer which states that the "pool, in spite of its proximity to the foundation, should not adversely affect the adjacent structure." The engineer further cautions to take care to ensure that the adjacent property is protected from damage and that adjacent soil be protected from erosion. Mr. Defrawi's request is based on the location of his home to the side property line. He is hoping to keep the sight line established by the house for aesthetic reasons. The three foot separation between the pool and side property line will not be paved and will be used to contain drainage through a combination of underground drains and sloping. Section 18-20 of the City Code of Ordinances requires that the BSC consider the following in considering a variance request: Mandatory factors. In considering a variance, the BSC shall take the following into account: (1) Whether the applicant has made an earnest, good faith effort to comply with the requirement. (2) Whether the applicant brought the matter to the attention of the city on his own motion, without intervention or enforcement action by any city official. (3) Whether alternative methods or procedures will achieve the same, or substantially the same, result as literal compliance with the requirement. Required findings. The BSC may not issue a variance unless it affirmatively finds all of the following: (1) The imposition of the requirement imposes an exceptional hardship upon the applicant. It is the general intent of this section that financial cost, alone, would not ordinarily constitute an exceptional hardship. (2) No reasonable and feasible method or procedure is currently available to comply with the requirement. (3) The imposition of the requirement is unjustified because of good and sufficient cause demonstrated to the BSC. (4) The variance will not introduce or increase any threat to public health or safety. (5) The variance is consistent with the purpose and intent of the ordinance in question. (6) The variance will not cause a nuisance and will not unreasonably interfere with the use of nearby property. (7) The variance will not cause a fraud to be worked upon the public or any individual. (8) The variance will not cause an increase in public expenditures or budgets. (9) The variance will not create an irreconcilable conflict with any other ordinance, law, rule or regulation. 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: ALL, F t!c. E; sl-'l cr= L~-r 5 LcCt-< Applicant: 1 Address: i (I ,r: 1,,ta -1,-e 72C01- Contact: J -G s i 7 3 3 e t c i rat r ~ r:: /2o c .(J t Jr T- 7;~' ` c) Phone: r t` C, rjx Fax: 2 RI 24Z? r Email Address: Decision or Action Requested (check one or more and provide requested data): ( ) 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? ( )Yes; ( )copy is attached. ( )No, but the action appealed is as follows: • When was the action taken? Note: Appeals must be filed within a reasonable time. Please explain any delay below: • Exact code of ordinance section(s) involved: • Grounds for appeal: ( ) Special Exception. • Exact code of ordinance section that authorizes the special exception: - 'f~rrtt4E,-- • Exact wording of special exception requested: ( Variance. • Exact code of ordinance section from which a variance is requested: C i • ~ ( le t-ir[~ ~~t ti' ((~(VlG',11_( 1 • Exact wording of variance requested: ttl 7 i E "l~G l'J / u r t U i? C+ t err ` f ~a c; ~~C t J ; Other Data. Are there dr~wings or other data? ( )No )Yes (list items here and attach them) Signature of applicant: Date; For Staff Use only Date filed: Date heard: Docket#. Form BSC-102 0 Building and Standards Commission West University Place July 21, 2008 Dear Commission Members, We are planning to have a swimming pool built in our backyard and are on the verge of signing a contract with Cascade Pools. We have a small backyard and have spoken to the Planning Division about easement requirements. We were informed of the required five foot setback between the pool and the property line, which came into effect a few years ago. We would be grateful if you would grant us a variance to have the pool setback three feet from the west property line in view of the following factors : • The western wall of our house is only three feet from the property line. We feel that it is both more practical and aesthetically pleasing to maintain the same setback for the pool , and trust that the three feet setback would be adequate clearance for any safety considerations. This ofcourse assumes that it would create no hardship to our neighbors and to the City. • The three foot setback area will not be paved, and in the judgment of Cascade's engineering consultant who made the plans for pool drainage, the three foot setback will be adequate for pool and rain overflow drainage. • On the other side of the property line is our western neighbors' existing driveway, which leads to a garage in the northeast corner of their lot. The garage is three feet from the property line. Hence the pool gunite wall will be six feet removed from the garage. The depth of the pool will be a maximum of five feet and the gunite in this area will be 6 inches thick for the wall and twelve for the beam. Cascade's engineering consultant confirms that there would be no structural concerns affecting the integrity of our neighbors' garage. • On our side, and immediately adjacent to the property line, there is a semi-circular pond and fountain about six feet in diameter. This was built by the previous owners and has caused no problems to our neighbors. It will be removed in the pool construction process. Attached please find a copy of the survey, the pool plan and engineer's statement prepared by Cascade Pools. Subject to your approval of this only variance, our tentative plan is to begin construction in September 2008. Yours Sincerely, Mohamed and Mona Defrawi 3308 Amherst st Houston,TX 77005 713 669 9686- home 832 2317832- cell i • City Of West University Place July 23~d, 2008 Building and Standards Commission This is to advise you that Mr Jerry Davlin of Cascade Pools will represent me at the September 4th meeting of the Building and Standards Commission to which I have submitted an application for a "variance". Please excuse my absence as I will be out of the country. {c ~~j l ~ ~Ct,_ Mohamed Defrawi J)a M OROSCO Comn on EVOWN NM 22,20M { 1r~ 1 Y r 11 r w J 1. Ulr:,lU.n! 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Plan Checking, Division I loUston_ Texas Re: I ,ocation of Pool in Regards to the f=oundation at 108 Amherst St.. Flouston, Texas Crentlemen: This letter is to advise you that the location of the above referenced pool. in spite of its proximity to the loutidal 1on. should not adversely affect the adjacent structure. In the process ofthe excavation of the pool, care should be taken to ensure that the adjacent property is protected from damage and that adjacent soil be protected fi-om erosion. This may be clone by providing 6 mil poly-vinyl membrane to protect the slopes of the excavation. Please let us know if you require any additional information on this matter. This letter is issued by Barry D. Adkins. P+". ,1.►'1~1t'11 w Of T EX, ii,~ r 40 f~ oq. 4~G1S~ '1w l 08 l 2 '2008 llarrN l). Adkins, P.ll:. y Principal Ensincer DaRam F-ngineers, Inc. EXISTING BUILDING & FOUNDATION „ 7,- 0 4 4's CONT. 12" 6'-0" w/#3 TIES © 36" o. c. Nrl" / 13~ - FL ~ I GPI W 'I PROTECT EXCAVATION LINE #4's © 8" O. C. e. w. w/ 10 MILS. POLYETHYLENE DETAILS NOT TO SCALE SEAL l PPETE~4`~POOL SECTION Da1~am Engineers, Inc. y• FOR 5455 Dashwood, Suite 700 3308 AMHERST Bellaire, Texas 77401 *_",...••..p: ~tqS.. (713) 528-1552 BAR . A•j WEST UNIVERSITY, TEXAS DATE: 0811212008 SCALE: SFt DHAR. N r• gg39 Or rt '''9FG 1 S'~ ~.PREPARED FOR DESIGNED: e DA DRAWN: AG 08 1. CASCADE POOLS DE Job. No. 08-43 j I -DOUBLE BULLNOSE COPING #4's @ 8" O.C. f _ DOUBLE CURTAIN CONTINUE INTO AND TIE TO BOX BEAM I `r ( - GRADE iii 4 #4's CONT. . W/#3 TIES i L @ 36" o.c_ • ~ ( . 6" 1 7`-/ THICK GUNITE-- TH!ICK GUNITE I / I i W-11TE MARBLE > DU S-i Pl- ASTER i (4 8" o. c. e. w._, i i f I I DETAIL _ SCALE: 3/4" - l'-O" P«ol, SEC71UN Da Ram Engineers, Inc, FOR 6455 Dashwood, Suite 700 RY Q pr)K114 :i';3(1 5' AMNERS7' Beuaire. Texas 77401 01BAR - . (719) 525-1552 sg3~' Q 'w 'WAS V f,,7' IlNlV" RSl7'Y, T- 1 DATV f it , qSi. , • PREPARED FOR DF.SIGNF.D. DRAWN U~3/12 't~bl ' ► CASCADE P001DF J„h Nrt i I ~ 12" BRICK coPlNc w.3 TI !~rr ~ 3's DOWEL @ 18" o. c. t~6" WHERE SHOWN ON PLAN) t 1 Tf IIC K GUNI-TE_ i.r 6' THICK GUNITE 'c *HI1-E MARc9LE i,+1`..T F. ASTER Lt r ~ tt Li #4 W.- I f i f i i QET&I 5 I SCALE: 3/4" = V-0" sr lc. POOL SECTION DaRam Engineers, Inc. FOR l ~ ASK{ 5455 Dashwood, Suite 700 pF4RY 3 30b t AMFfE'KST Bellaire, Texas 77401 s 9 ..•~S~s3 i (713) 528-1552 A .9 WESI' UNIVERSUY, TEXAS . UATE SCALE, Zttt1' . DESIGNED. VRAi1 v: .r~ PREPARED FOR 08 /3 2,/200c 1SCADI: POOL. DEJub No. r_ EAST - 50.00' 5.39' 5' U. E. r „ m,• pti6 G ',,EXIST ING prL' Story Bric 3.0' LEGEND: 3.08' 411 STORM PIPE oorO oti~ SCALE : 1" = 20' ® PROPOSED DRAIN and X,.• EX/STING ELEVATIONS 4 PROPOSED ELEVATION sir®)% FG 52.25 P IO O 7, A p. C) NG NATURAL GRADE ELEVATION O p 0 pr'4 pry O FL FLOWL NE ELEVATION Q p~^ 35.6' TOC TOP OF CURB r I GUT GUTTER _ aEXISTING 2 Story Brick ' TO TOP OF DRAIN GRATE ELEVATION FG FINISHED GRADE ELEVATION Lot 5 of 'n pr).9 < pryo O Z io East 1/2 fh 0 DENOTES FLOW DIRECT/ON PROPOSED CONSTRUCTION Block 50 VJ otip p~1 DRAINAGE CALCULATIONS: CT' o£ WEf£ UNN£R.T/IY PGCB I YR RAIN'y4 PRBO UFNCY EXISTING DRAINAGE CONDITIONS 3.13' ryg. e.arARen-oJbb Ae /MPERV/OUXANF~I -0.100AC y 2.5' N 6.6' N 12//.5' C r rr.tow':}, Ir.z/.n M/N y Apo Apo p~.30'B. ' Ia-1-1oUXA- £oTALARBA 1. 0 IN .J. 4jX OO X^~ c: RON o££ coe£Ficlenr p0' a C. oaro-)- C- 0576 Q - CIA rL ti ~ . < V Q - 0.219 CFS O' O' O' p ' p oO PROPOSED DRAINAGE CONDITIONS TCP-~OA~~r/3 RRA-on K.3I 8£MIN rbOhrp aJOA~~~ O[~1 hh / re,rc'I' / r/6~.2~°11O 3.60 ZVI- ~pG~ n . /MPENVIDUX ARBA?OT AREA.m) J J 11,171 JR 166 e o.n3 WEST - 50.00' 0.6/e,0] C - RUN OFF cORPnCIRNT centerlin of road 060.142103 --xp-------X-- 0fi1X p Q- ,rCA, X-C\ CbA Q: 3]O Cis AMHER_.JST DRIVE (60' R.O.W.) ADDRESS: F.E.M.A. 1. ALL EXCAVATED SOIL FROM THE PROPOSED CONSTRUCTION SHALL BE REMOVED FROM THE CONSTRUCTION SITE. THIS PROPERTY IS NOT 1NTHE 3308AMNERST ORlVE X HOUSTON, TEXAS 77005 100 YEAR FLOOD ZONE, IT IS IN ZONE 2. CONSTRUCT ION SI S TO BE MAINTAINED FREE OFA ACCORDING TO T.SA.R.P. MAP NO. TRENCHES. PITS, MOOLLES OR O OTHER THER EXCAV EXCAVATTION IONS THAT T MAY MAY H HOLD WATER, SURVEY BY.' AND AT NO TIME MAY RUNOFF FROM THE CONSTRUCTION SITE TRAVERSE 48201C 0860E DATE 06-18-07 . NEIGHBORING PROPERTY. DARAM ENGINEERS INC. LEGAL DESCRIPTION: 3. RUNOFF SHALL BE FILTERED TO PREVENT SAND. MUD AND DIRT OF JOHN D. WILEY REGISTERED PROFESSIONAL EAST HALF OF LOTS OF WEST UNIVERSITY ANY KIND FROM ENTERING CITY STORM DRAINAGE SYSTEM. LAND SURVEYOR Nn. 5928 ACCORDING TO THE PLAT RECORDED IN VOL. 538, PGSO BENCHMARK: OF THE DEED RECORDS OF HARRIS COUNTY, TEXAS. IMPACT STATEMENT ELEVATIONS SHOWN HEREON ARE ASSUMED AND AREN07 T/EDTO THE PROPOSED CONSTRUCT/ON FOR THIS SITE DOES NOT IMPACT EX/STING ANY ESTABLISHED VERTICAL DATUM. DRAINAGE COURSES FOR NEIGHBORING PROPERTIES. SEAL w~~~~OFTE~•gsl~l, 3308 AMHERST STREET DaRam (Engineers, Inc. i*:.....BA[{.F..IY pDKINS j D'...•••••'"" 5455 Dashwood, Suite 700 HOUSTON, TEXAS 77005 Bellaire, , Texas 77401 66391 p:• (713) 528-1552 tf~q~9FGj$1~PG DRAINAGE PLAN t DATE: C81 12/08 SCALE: -_L PREPARED FOR DESIGNED: L'UA DRAWN: A.G 08/12/2008 CASCADE POOLS DE Job. No. 08-83 Sheet I of] • • 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: 3308 Amherst Street Legal Description of the Site: East '/z of Lot 5, Block 50, West University Place, Second Addition Docket No.: 08-04 Applicant: Mohammed Defrawi Action Requested: Applicant requests a variance to Section 18-171 of the Code of Ordinances to allow a swimming pool to be three feet from the west side property line instead of the required five feet. Applicable regulations include the City's Development Regulations (Chapter 118 of the Code of Ordinances, 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 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 wheelchair accessible from the west entrance and specially marked parking spaces are available in the southwest parking area. 3800 University Boulevard 9 West University Place, Texas 77005-2899 • 713.66804441 0 www.westu.org