HomeMy WebLinkAbout08202009 BSC Agenda Item 2
STAFF REPORT
Business of the Building and Standards Commission
City of West University Place, Texas
AGENDA OF: August 20, 2009 DOCKET NO.: 09-02
DATE SUBMITTED: August 14, 2009 DEPARTMENT OF ORGIN: Development
Services
PREPARED BY: John R. Brown, MCP, CFM
Chief Building Official PRESENTER: Reginald Mack, with Houston
Independent School District or Mr. John
SUBJECT: Variance request to allow a Threet, Principal of West University
portable classroom building, in addition to Elementary.
any currently existing.
STAFF PRESENTER:
John R. Brown, MCP, CFM
Chief Building Official
ATTACHMENTS: Site plan locating the proposed building location. List of addresses
where notifications mailed to residents/businesses within 200 feet of the proposed site.
STAFF SUMMARY
Background:
Houston Independent School District (HISD) has placed in years past portable
classrooms on the property of West University Elementary School grounds and currently
has two (2) located there now. Prior to June 1, 2002 all that was required to place a
portable classroom building on the West University Elementary site was to obtain a
permit from Development Services.
Variance request:
HISD is requesting a variance to Chapter 18, section 18-59(b) to place one additional
portable classroom on the property where West University Elementary is located.
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• •
Code reference:
Sec. 18-59. Portable buildings.
(a) Permits. Except to the extent expressly authorized by an effective pen-nit issued by the building
official, it shall be unlawful for any person to erect, improve, construct, install, affix, enlarge, convert,
demolish or structurally alter any portable building within the city, or to cause or allow any such activity
at a place the person owns or controls. Permit requirements (and exemptions) shall be generally the same
as for site-built buildings of similar size. However, a permit for a large portable building can only be
effective while:
(1) The building is located in a portable building district; or
(2) The building is used temporarily in connection with construction activities for which another permit
is in effect, but is neither used for sleeping quarters nor used for food preparation.
This regulation shall be uniformly applied and enforced without distinction as to whether the building is
manufactured on-site or off-site. All federal, state and local requirements for construction, inspection,
transportation, erection and installation must be complied with in connection with any portable building.
(b) Public schools . Until June 1, 2002, and notwithstanding subsection (a), permits may be issued for
the erection, placement, use or occupancy of a large portable building by a school district having the
power of eminent domain, if all of the following circumstances are present:
(1) The chief administrative officer of the district has certified to the city that such building is necessary
for the district to comply with state-mandated teacher-pupil ratio requirements, and the district, based on
present plans and projections, will make every effort to remove the additional temporary buildings;
(2) The building is located on a preexisting school site; and
(3) No more than 12,000 square feet of gross floor area are included in portable buildings, large or small,
on that site.
(c) Effect ofsection . Chapter 70 of this Code shall apply to large portable buildings, and it shall be
unlawful to use the city streets to move any such building except pursuant to a license and permit issued
under chapter 70. If a pen-nit for a large portable building is authorized by this section, the building is
exempt from the requirement in chapter 70 that moving permits be restricted to routes ending outside the
city limits. This section does not prohibit the continued use or occupancy of large portable buildings by a
school district having the power of eminent domain, if the buildings were in existence on the effective
date of Ordinance No. 1337 of the City of West University Place, Texas (relating to buildings, structures
and related regulations, etc.) and have not been substantially altered or moved.
(Code 2003, § 6.408; Ord. No. 1843, § Kapp. A), 2-26-2007)
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.
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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.
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City of West University Place
APPLICATION TO THE BUILDING AND STANDARDS COMMISSION
OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS ("CITY")
Address of site: -S-15,4 tjk11yEg1-I-T°( Pop, Wlu-r ul di,425i°r`f I~e~~•~ , -r4 -1-7005,
Legal description of the site: KE5 A 514. % • wE51 ~11l~fG~51 1-iLEM S41A,90L, , d'~,Oy AC ef~
s~EYr~~.vj~ p°~I
Applicant: mto~ s'(ol.l ►•5.®
Address: 000 aoy S%nli r gas-rbu a 1100-7
Contact: REQIUAI~Q
Phone: hi~ 424- o Fax. (Ji3) 4Z(v - 932K
Email Address: Kack 6yiAyAt4j . on
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:
• Exact wording of special exception requested:
Variance.
• Exact code of ordinance section from which a variance is requested: AIZ-fl ct_~ I I 5e, IE s~ (6)
i
• Exact wording of variance requested:
IztZWF-5 i ( LA6- Mm -f ap jEmrooIT c~A~KAO~ A5 rtwi 10U5L'~ A .1,vNtV 1j4lZ50 fH Z0eZ
Other Data, Are there drawings or other data? ( )No ( )Yes (list items here and attach them)
*****PROVIDE ORI INAL PLUS, 15 COPIES (16 TOTAL) OF ALL SUBMITTALS""*""
Signature of applicant:`" Date:
C-C
For Staff Use only Date filed: L Date heard: Docket#LX~
Form BSC-102
HCAD Details Sheet • . Page 1 of 2
;a a
y
HARRIS COUNTY APPRAISAL DISTRICT
Tax Year: 2009 REAL PROPERTY ACCOUNT INFORMATION
1279650010001
Ownership History
Owner and Property Information
Owner Name & HOUSTON ISD Legal RES A BILK 1
Mailing Address: 4400 W 18TH ST Description: WEST UNIVERSITY ELI
HOUSTON TX 77092-8501 SCHOOL
Property 3756 UNIVERSITY BL%
Address: 77005
State Class Code Land Use Code Building Class
X1 Governmental Exempt 4612 School E
Land Area Building Area Net Rentable Area Neighborhood Map Facet
570,200 SF 0 0 5932 5255A
Value Status Information
Capped Account Value Status Notice Date S
No Noticed 5/1/2009
Exemptions and Jurisdictions
Exemption Type Districts Jurisdictions ARB Status 2008 Rate 2
Total 001 HOUSTON ISD Not Certified 1.156700
040 HARRIS COUNTY Not Certified 0.389230
041 HARRIS CO FLOOD CNTRL Not Certified 0.030860
042 PORT OF HOUSTON AUTHY Not Certified 0.017730
043 HARRIS CO HOSP DIST Not Certified 0.192160
044 HARRIS CO EDUC DEPT Not Certified 0.005840
048 HOU COMMUNITY COLLEGE Not Certified 0.092430
085 WEST UNIVERSITY PLACE Not Certified 0.359000
Valuations
2008 Value 2009 Value
Market Appraised Marke
httn-//uTixnu hrarl nra/rarnrrlc/dPtnilc acn7rrvnt=%,94°/n9A°~R(1°/94°/RFo°/R5°/RF%RFi%R 7/1 70009
HCAD Details Sheet , • Page 2 of 2
Land 0 Land
Improvement 0 Improvement
Total 0 0 Total
5-Year Value History
Land
Market Value Land
Line Description site unit Units Size Site Appr O/R Appr O/R Total Unit
Code Type Factor Factor Factor Reason Adj Price
1 4612 School SF 570,200 1.00 1.00 1.00 1.00 0
Building
Vacant (No Building Data)
htt»•//xnxnx hrall nrn/ra~nrrlc/rlatailc ae„~~,vr,t-a/Qdo/QAo/Rllo/Qd~/RFao/RSo/RFo/RFo/R 7/170000
ktxwkV the pnwidsc
to li.~wiw q ehdidrm
ARTICLE 1 1 - GENERAL REGULATIONS
Description of Request
As part of the 2008 Bond program for HISD, the West University Elementary School is one of many that will he
receiving improvements for the upcoming school year.
HISD is requesting approval for the placement of (1) 24x64 Temporary Classroom building to be placed at the
school to serve the educational needs of the existing student population. The classroom building is built to meet all
applicable buildings codes and is approved as required by TDLR for Industrialized Buildings. The building will
only be placed on the site for a temporary period of one year.
The building will be placed in a remote location on site and HISD believes that minimal to no visual negative impact
will occur. There is no anticipated increase in faculty, student population or vehicular traffic as a result of placing
this building.
The temporary classroom building will be utilized as educational space for the existing students of West University
ES while the HISD Bond Office coordinates improvements to the existing school building.
Chapter 18 BUILDINGS AND DEVELOPMENT*
ARTICLE II. GENERAL REGULATIONS*
Sec. 18-59. Portable buildings.
(a) Permits. Except to the extent expressly authorized by an effective permit issued by the building
official, it shall be unlawful for any person to erect, improve, construct, install, affix, enlarge, convert,
demolish or structurally alter any portable building within the city, or to cause or allow any such activity
at a place the person owns or controls. Permit requirements (and exemptions) shall be generally the same
as for site-built buildings of similar size. However, a permit for a large portable building can only be
effective while:
(1) The building is located in a portable building district; or
(2) The building is used temporarily in connection with construction activities for which another permit
is in effect, but is neither used for sleeping quarters nor used for food preparation.
This regulation shall be uniformly applied and enforced without distinction as to whether the building is
manufactured on-site or off-site. All federal, state and local requirements for construction, inspection,
transportation, erection and installation must be complied with in connection with any portable building.
(b) Public schools . Until June 1, 2002, and notwithstanding subsection (a), permits may be issued for
the erection, placement, use or occupancy of a large portable building by a school district having the
power of eminent domain, if all of the following circumstances are present:
(1) The chief administrative officer of the district has certified to the city that such building is necessary
for the district to comply with state-mandated teacher-pupil ratio requirements, and the district, based on
present plans and projections, will make every effort to remove the additional temporary buildings;
(2) The building is located on a preexisting school site; and
(3) No more than 12,000 square feet of gross floor area are included in portable buildings, large or small,
on that site.
(c) Effect of section . Chapter 70 of this Code shall apply to large portable buildings, and it shall be
unlawful to use the city streets to move any such building except pursuant to a license and permit issued
under chapter 70. If a permit for a large portable building is authorized by this section, the building is
exempt from the requirement in chapter 70 that moving permits be restricted to routes ending outside the
city limits. This section does not prohibit the continued use or occupancy of large portable buildings by a
school district having the power of eminent domain, if the buildings were in existence on the effective
date of Ordinance No. 1337 of the City of West University Place, Texas (relating to buildings, structures
and related regulations, etc.) and have not been substantially altered or moved.
(Code 2003, § 6.408; Ord. No. 1843, § Kapp. A), 2-26-2007)
Houston Independent •
D Houston Independent School District 1100 Roy Houston, Texas
L J(~l Telephone: 713-426-8320 Fax: 713-42
keeping the promise
to Houston's children 1
July 30, 2009
City of West University Place
3826 Amherst Street
West University Place, TX 77005
To Whom It May Concern:
I, Reginald Mack, will be the representative for Houston Independent School
District as it relates to West University Place concerns. If you have any
questions and/or any further information is needed, I can be reached at (713)
426-8320 (office) or (713) 419-2064 (mobile).
Thank you.
IP
Reginald L. Mack
Sr. Project Manager
HISDBond Program
713-426-8320 office
713-419-2064 mobile
RLM/ka
cc: John Threet
Stephanie Green
Steven Turner
Every Student, Every Daly
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