HomeMy WebLinkAbout10152009 BSC Agenda Item 4
STAFF REPORT
Business of the Building and Standards Commission
City of West University Place, Texas
AGENDA OF: October 15, 2009 DOCKET NO.: 09-04
DATE SUBMITTED: August 21, 2009 DEPARTMENT OF ORGIN: Development
Services
PREPARED BY: John R. Brown, MCP, CFM
Chief Building Official PRESENTER: Steven and/or Gloria Getz
Owners of 4130 Marlowe
SUBJECT: Variance to Chapter 18, section
18-202(a)(1) fences in front yards.
STAFF PRESENTER:
John R. Brown, MCP, CFM
Chief Building Official
ATTACHMENTS: Survey/site plan, pictures of area to be enclosed, HCAD document, copy
of proposed building permit for fence, signed petition.
STAFF SUMMARY
Background:
Single family dwelling located at the Northwest side of Marlowe adjacent to the dead end
of the street with the lot backing up to Bissonnet.
Variance request: Chapter 18, Section 18-202(a)(1)
To build a wrought iron fence from the West corner of the house to the front property line
then west along the front property line to the intersection of the existing wood fence
along Bissonnet.
Code reference:
Chapter 18, Section 18-202(a)(1)
Sec. 18-202. Prohibition in front or side.
(a) Prohibition . No fence may be constructed, improved or structurally altered on the front portion of
any building site. Exceptions: this restriction does not apply to low retaining walls, institutional security
fences, fences owned by any governmental entity or fences or walls specifically required or allowed to be
located in the front portion of a building site by this Code or the zoning ordinance. In this article:
(1) Front portion means the area of a building site extending from the front street line to a depth equal
to the depth of the front main wall of the principal building. The front street line is the common boundary
between the front line of a building site and the street right-of-way. The front main wall is the front of the
building exclusive of any porch or entranceway.
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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.
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(bm) 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 City of West University Place, Texas
("City") will hold a public hearing in the Council Chambers located at 3800 University Blvd, City of
West University Place, Texas 77005, during a meeting set to begin at 6:00 p.m. on October 15,
2009. The hearing may be recessed and continued to a BSC meeting set to begin at 6:00 p.m. on
November 12, 2009. 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: 4130 Marlowe
Legal description of the site: TR 1A BLK 18 Colonial Terrace Sec C
Docket No.: 2009-04 Applicant: Steven L. and Gloria F. Getz
Action Requested: Applicant requests a variance to Chapter 18, section 18-200(a)(1) to
allow a fence to be constructed in the front portion of the lot at 4130 Marlowe Street.
Applicable regulations include the City's Development Regulations and Chapter 18 Fencing
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 Council
Chambers, 3800 University, 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 wheel chair 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 9 www westu.org
City of West University Place
APPLICATION TO THE BUILDING AND STANDARDS COMMISSION
OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS ("CITY")
Address of site: 4130 MARLOWE, HOUSTON, TX 77005
Legal description of the site: COLONIAL TERRACE, SEC C, ZONE X 500
BLK 18, TR 1-A, LOTS 1 & 2 (PARTIAL)
Applicant. STEVEN L. GETZ & GLORIA F. GETZ
Address: 4130 MARL
Contact. GLORIA GETZ
Phone: 713-960-0402 Fax: N/A
Email Address: gj,,etz2msn. com
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:
( X) Variance.
• Exact code of ordinance section from which a variance is requested:
CHAPTER 18, SECTION 18-202(a)(1)
• Exact wording of variance requested:
TO CONSTRUCT A SIX (6) FOOT HIGH WROGHT IRON FENCE FROM THE WEST
CORNER OF THE HOUSE TO THE FRONT PROPERTY LINE. ALONG THE FRONT
PROPERTY LINE WEST TO TTHEE~ WEST PROPERTY CORNER CONNECTING TO AN
Other Data. MR;%vi~ic~sOr oTheNcTa~a? ~1V"o YI~L EN~i~O s7iere and aVaCT~Eh GREEN SPACE .
" ""PROV19E ORI I PL S 15 COPIES (16 TOTAL) OF ALL SUBMITTALS.....
Signature of app3licapt: Dat
IN I
For Staff Use only Date filed: TDate heard: r Docket#: A - ~J
Form BSG 102 ~
ARTICLE VII. FENCES
Sec. 18-200. Maximum height limits.
(a) Eight foot limit . No fence higher than eight feet may be constructed, improved or structurally
altered on any private property.
(b) Six-foot limit . No fence higher than six feet may be constructed:
(1) Closer than six feet from a wall of an existing principal building used as a single-family residence on
any adjacent building site, if the proximity of the fence to the building would significantly and adversely
affect the beneficial circulation of air around or through the building or the beneficial exposure of the
building to direct or reflected sunlight. To make these determinations, the building official shall take into
account the type and design of the fence and the following (if existing or proposed in the immediate
vicinity of the fence): trees, other plants and other buildings and structures.
(2) Between buildings on separate building sites where the eaves are less than two feet apart.
(c) Height measurement . Fence height shall be measured along each fence line on the side with the
lowest grade level. If the fence is within three feet of a property line, the adjacent grade level of the
adjacent property is used to measure the height of the fence, if the adjacent grade level is lower than the
grade level of the property where the fence is located.
(d) Gate height. A gate may be no taller than may a fence at the same location, except that a gate which
is not more than 40 percent opaque may extend to a height not greater than 12 inches above the maximum
height of a fence at the same location.
(Code 2003, § 6.581)
Sec. 18-201. Property lines.
It shall be the responsibility of any person who constructs a fence, or causes it to be constructed, to locate
the fence within the property lines.
(Code 2003, § 6.582)
Sec. 18-202. Prohibition in front or side.
(a) Prohibition . No fence may be constructed, improved or structurally altered on the front portion of
any building site. Exceptions: this restriction does not apply to low retaining walls, institutional security
fences, fences owned by any governmental entity or fences or walls specifically required or allowed to be
located in the front portion of a building site by this Code or the zoning ordinance. In this article:
(1) Front portion means the area of a building site extending from the front street line to a depth equal
to the depth of the front main wall of the principal building. The front street line is the common boundary
between the front line of a building site and the street right-of-way. The front main wall is the front of the
building exclusive of any porch or entranceway.
(2) Low retaining wall means a wall designed and used to hold earth or similar material in place, no part
of which extends higher than the highest naturally occurring part of the ground in the front portion of the
building site and no part of which is located outside of the building site.
(3) Institutional security fence means a fence which meets all of the following criteria:
a. The fence is located on a building site where there is a building or group of buildings specially
constructed and used as an actual place of religious worship (including schools, parking lots, parsonages
and other accessory buildings);
b. The fence is located along or generally parallel to a major thoroughfare, and only along side streets to
the extent necessary to connect the main portion of the fence to side fences, rear fences or buildings; and
c. The fence is no more than 50 percent opaque.
(4) Major thoroughfare means Kirby Drive, Bissonnet Street or Bellaire (West Holcombe) Boulevard.
(b) Rotated corner lots . This subsection only applies to a corner lot carved out of a larger corner site
originally established by the first plat or map of the subdivision in question, where the front street line of
the corner lot is on a different street from the street where the larger corner site had its front street line. On
such a corner lot, no fence may be constructed, improved or structurally altered along the side street line
of the corner lot (this would have been the front street line of the original larger corner site) unless the
fence is set back from the side street by at least one of the following two distances:
(1) A distance equal to the depth of the front setback area of any adjacent building site which has a front
setback area abutting the side street; or
(2) A distance equal to the depth of the side setback area of the corner lot, measured from the side street.
If the BSC is requested to issue a variance to permit a fence on the corner lot closer to the side street than
prescribed above, and if a petition signed by 20 percent or more of the persons owning property along the
side street within 200 feet of the rear lot line of the corner lot (and on the same side of the side street) is
presented to the BSC before it acts on the request, the requested variances shall not take effect unless
approved by all members of the BSC qualified and serving. Under no circumstances, with or without a
variance, is a fence allowed within five feet of the side street line.
(Code 2003, § 6.583)
Sec. 18-203. Distance from property line; common fences.
A boundary fence shall be constructed immediately along the property line or as close as practicable to
the property line. Common fences may be constructed along the property line, if the written consent of the
owners of both properties is submitted.
(Code 2003, § 6.584)
Sec. 18-204. Easements.
No brick, masonry or similar type of fence may be constructed, improved or structurally altered if it
would interfere with the installation and maintenance of utility lines in any easement reserved therefor.
(Code 2003, § 6.585)
Site Plan - 4130 Marlowe 8/18/2009
Houston, Tx 77005
70 ft of straight line wrought iron fencing
22 ft of perpendicular wrought iron fencing
This measurement includes a 40 inch gate.
Black wrought iron fence, 6 ft tall, 4 in. on center, 2 top rails,
1.5 by 3/4 (z channel) 1.5 tube- 3/4 or 1 in pickets - 2 ft in the
ground.
Please refer to the attached survey which shows the house has little or
no back yard. This was due to the past city road improvement project -
the widening of the street (Bissonnet).
Because of this inadequacy we have cultivated a "private green space"
on our Westerly side yard."
If we were coded as a commercial private property, a fence would be
allowed to enclose the "private green space". See our photos of our
yard.
This property has been on the market for either sale or lease
sporadically over the last 3 years. The "Achilles Heel" of this property
is the noise of Bissonnet and the lack of land space for children to play.
We have serious interest from an Australian family who are being
transferred to Houston for 3 years. Because they have small children,
they will accept the house only contingent upon the fencing of this space
We assure you, that in order to build this iron fence, that no trees need
to be removed . Nor will the iron fence, as drawn on our submitted land
plat, impede access to emergency vehicles that will need to other
property or any other properties on the street.
Steve Getz Gloria Getz
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Print Details Page 1 of 2
HARRIS COUNTY APPRAISAL DISTRICT Tax Year: 2009
REAL PROPERTY ACCOUNT INFORMATION
0600360180001
Owner and Property Information
Owner Name & GETZ STEVEN L & GLORIA Legal Description: TR lA BLK 18
Mailing Address: 5090 RICHMOND AVE # 538 COLONIAL TERRACE SEC C
HOUSTON TX 77056-7402 Property Address: 4130 MARLOWE ST
HOUSTON TX 77005
State Class Code Land Use Code Land Total Living Neighborhood Map Key
Area Area Facet Map®
Al Real, Residential, Single- 1001 Residential 8,182 SF 3,208 SF 7440 5255A 532A
Family Improved
Value Status Information
Capped Account Value Status Notice Date Shared CAD
No Noticed 3/31/2009 No
Exemptions and Jurisdictions
Exemption Type Districts Jurisdictions ARB Status 2008 Rate 2009 Rate
Residential Homestead 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 Market Appraised
Land 224,094 Land 263,640
Improvement 504,906 Improvement 499,214
Total 729,000 714,627 Total 762,854 762,854
Land
Market Value Land
Site Unit Size Site Appr Appr O/R Total Unit Adj
Line Description Code Type Units Factor Factor O/R Reason Adj Price Unit Value
Factor Price
1 1001 Res Imprvd SF1 SF 5,000 1.00 1.00 0.50 Shape/Size & 0.50 80.00 40.00 200,000
Table Val Economic
2 1001 Res Imprvd SF3 SF 13,1821 1.00 0.50 0.50 Shape/Size & 0.25 80.00 20.00 63,640
Table Val Economic
Building
Building Year Built Type Style Quality Impr Sq Ft Building Details
1 2001 Residential Single Family Residential 1 Family Excellent 3,208 * Displayed
* All HCAD residential building measurements are done from the exterior, with individual measurements rounded to the
closest foot. This measurement includes all closet space, hallways, and interior staircases. Attached garages are not
included in the square footage of living area, but valued separately. Living area above attached garages is included in the
square footage living area of the dwelling. Living area above detached garages is not included in the square footage living
area of the dwelling but is valued separately. This method is used on all residential properties in Harris County to ensure
the uniformity of square footage of living area measurements district-wide. There can be a reasonable variance between
the HCAD square footage and your square footage measurement, especially if your square footage measurement was an
interior measurement or an exterior measurement to the inch.
http://www.hcad.org/records/print.asp?crypt=%94%9A%BO%94°/oBFg%84%93%7Fzkj 8/21/2009
Print Details Page 2 of 2
Building Details 1
Building Data Building Areas
Element Detail Description Area
Cost and Design New / Rebuilt ONE STORY MAS PRI 210
Cond / Desir / Util Average MAS/BRK GARAGE PRI 422
Foundation Type Slab BASE AREA PRI 1,230
Grade Adjustment A+ BASE AREA UPR 1,768
Heating / AC Central Heat/AC WOOD DECK UPR 116
Physical Condition Average OPEN MAS PORCH PRI 32
Exterior Wall Brick / Veneer OPEN FRAME PORCH PRI 116
Element Units
Room: Total 8
Room: Rec 1
Room: Half Bath 1
Room: Full Bath 3
Room: Bedroom 3
Residential Elevator 2
Fireplace: Wood 1
http://www. hcad.org/records/print. asp?crypt=%94%9A%B 0%94%BFg%84%93 %7Fzkj 8/21/2009
•
The City of West University Place
A Neighborhood City
Fence/Wall Permit Application
3826 Amherst Street, West University Place, Texas 77005 (713) 662-5833 Fax (713) 662-5304
Inspection request line (713) 662-5805 Available 24/7 [before 6:00 AM for same day]
Project Address: Application -
Project Name: 2 T % Approved Plat: ayes 0 No Zoning District: )
Flood Zone: Subdivision: Lot Block: iC%~
t
Property Owner: A )C' gz' '-q X47116 > - Address: c r City: 7
State/Zip: J, 7 o ~S Phone: ('l,~ ) - L Fax:
Occupancy Type: ❑ Residential ❑ Commercial ❑ Industrial, ,
Description of Work:
n
Contractor (Company Name): 4 } f-1 )
Address: ~ 3 o 7 C l4- t' `v City, LlllJ --r
State/Zip: `7 , cn 2."
Phone 71 3 Fax#:
7(,- Cell
Contact Person: P'/y J- E-mail:
(PLEASE PRINT)
Valuation of the Project $
Signature of Permittee: Print Name: Date:
By my signature above I hereby certify I have read this document and know the same to be true and correct In addition I hereby stipulate that I am
the person legally responsible for compliance with provisions of all laws and ordinances (whether specified herein or not) governing this project to
completion and a certificate of occupancy being issued
Item Qt Multiplier Min. Fee Fee
1 Application Fee 1 $15.00 $15.00 $15.00 +
2 Fence/Wall Lin. Ft. $0.75 per Lin. $25.00 +
Ft.
3 Working prior to obtaining 1 100% +
permit Additional of
(Premature Work) Normal Fee
IT TOTAL PERMIT FEE $
OFFICIAL USE ONLY
Received By: TimetDate Stamp:
No Exceptions Taken: Date: 05-12-09 JRB
7 7
7
k
PETITION FOR
AND:PPROiA HEARING AT TH
ATTA E
A- OF 6 FT AROUGHT IRON FENCE AT OF
CH1~ENT OF LAND VEST U
SURVEY AND PHOTOS T 4130 MARL OWE
WESTE
The undersigned RLY YARD. S
their request are requesting that Steven and
nest for the fencing of the wester] Gloria
house on the cul-de-sac and their westerly Yard at 4130 Metz be allowed to present
on a 3 year contract yard butts u Marlowe. They are the last
children pending from an Australian against Bissonnet. This request is based
w
who are interested in leasing this house.
, moving to Houston with 2s all
The undersi m
gned also approve the construction of the wrought fence.
The fence would be a wrou
Attached are 2 pictures ~t iron 6 feet in he fence.
Of the green space in It would not endan er
question and the survey g any trees on the lot.
NAME
ADDRESS
1 FENCE
Yes/No
l
6.
8. - CJ
10. I--
11. - - ~l 1 U
13
4. -V1
04W
PETITION FOR A HEARING AT THE SEPTEMBER 3 MEETING OF WEST U
AND APPROVAL OF 6 FT WROUGHT IRON FENCE AT 4130 MARLOWE WESTERLY YARD. SE
ATTACHMENT OF LAND SURVEY AND PHOTOS
The undersigned are requesting that Steven and Gloria Getz be allowed to present
their request for the fencing of the westerly yard at 4130 Marlowe. They are the last
house on the cul-de-sac and their yard butts up against Bissonnet . This request is based
on a 3 year contract pending from an Australian family, moving to Houston with 2 small
children who are interested in leasing this house.
The undersigned also approve the construction of the wrought fence.
The fence would be a wrought iron 6 feet in height fence. It would not endanger any trees on the lot.
Attached are 2 pictures of the green space in question and the survey..
NAME ADDRESS FENCE
Yes/No
_./VI'~3iii9~1 Z Z(! Our" S
tiv c~ ~1-
,mot.
d3 l