HomeMy WebLinkAbout12022010 Agenda Item 5
City of West University Place
APPLICATION TO THE BUILDING AND STANDARDS COMMISSION
OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS ("CITY")
Address of site: -37 SG U I~t U~ ,sIT~ VD \NzEsr -r/-< 7705 - 213Z~
Legal description of the site: ~vF A) 01,005 1~
Applicant: 400s;rO0 ~ PAN ANT - KgOL- P(sT►2
Address: 4-40C) kA/, (6T14 OF +b usToN TX 77o9 2 8!E50I
Contact. 4L-D f 4AFz r
Phone: 7 7 G - &-"-75r,2, Fax:
Email Address: 1-t4 tzT°(?-,Ws,TotAIsL)• CDR
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: /
(vVariance. X,~-.
• Exact code of ordinance section from which a variance is requested: CgA P (Ibi 74.Z. Tx- , 5w~r ( e-1 -,E~i
• Exact wording of variance requested: l4-QT f~PP✓~L`> KIP f~ -cfN~PofzTt~f~l-~
F50I Lpl 4~;, oN. Tf4E7 \)VF-ST Uf~jvjERG 'T`( `t✓L-FH• 0cHcx>f- coos t~NTI L Ho LoNcw2 tIEFWD.
Other Data. Are there drawings or other data? ( )No ( )Yes (list items here and attach them)
THE STATE OF TEXAS §
COUNTY OF HARRIS §
This instrument was acknowledged before me on the __q_day of /W1V4Mkr20 10-
Prp~~~ ~~4e~'•
by Lloyd Ho r [ , the owner of we, 1)
[e::My ELIZABETH GARZA ary Public,. State of Texas Commission Expires
08-12-2012 Notary Publ , State of Texas
(SEAL)
* OVI OR GI A PLUS 15 COPIES (16 TOTAL) OF ALL SUBMITTALS*****
Signature of applicant: Date: /1,0
For Staff Use only Date filed: ! w Date heard: \ Docket# g
Form BSC-102/rev 031710
Q~~dDNT SC. • 0
HOUSTON INDEPENDENT SCHOOL DISTRICT
Construction Services (Bond Program)
3500 Tampa Street • Houston, Texas 77021-1244
Description of Request
In August of 2009, Houston Independent School District was granted permission to place one (1) 24'x64'
transportable classroom building on the West University Elementary School campus for the purpose of
meeting space requirements to comply with State-mandated teacher-pupil ratio guidelines.
HISD is requesting that the City of West University Place Building and Standards Commission grant
approval to keep this building on the campus until no longer needed so that the school can maintain
compliance with the State teacher-pupil requirement. The building's construction meets all applicable
building codes and is approved as required by Texas Department of Licensing and Regulation (TDLR) for
industrialized buildings and accessibility by disabled persons.
The building is in excellent condition and is located away from the front of the campus. It has not, and will
not create any negative visual impact on the community. There is no anticipated increase in faculty,
student body or vehicular traffic as a result of this building's presence on the campus.
Chapter 18 BUILDINGS AND DEVELOPMENT*
ARTICLE 11. 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, § l(app. A), 2-26-2007)
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STAFF REPORT
Business of the Building and Standards Commission
City of West University Place, Texas
AGENDA OF: December 2, 1020 DOCKET NO.: 2010-06
DATE SUBMITTED: November 15, 2010 DEPARTMENT OF ORGIN: Development
Services
PREPARED BY: John R. Brown, MCP, CFM
Chief Building Official PRESENTER: Lloyd Hart, with Houston
Independent School District and/or Mr.
SUBJECT: Variance request to allow a John Threet, Principal of West University
portable classroom building to remain, in Elementary.
addition to any currently existing at 3756
University Blvd.
STAFF PRESENTER:
John R. Brown, MCP, CFM
Chief Building Official
ATTACHMENTS: Site plan locating the existing building location. List of addresses where
notifications mailed to residentslbusinesses 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(a) to extend the allowable time
for the additional portable classroom, allowed by variance dated August 20, 2010, docket
number 09-02, to remain until no longer needed to maintain the State of Texas mandated
teacher to pupil ratio.
Comment:
A Board member asked if I would obtain the opinion of the city attorney as to the correct
section of chapter 18 this variance should be applied. Per Alan Petrov, the city attorney,
either section, 18-59(a) or 18-59(b) will comply however since 18-59(b) expired June 1,
1
• •
2002 he felt it better the current variance request be applied for under 18-59(a) even
though the previous variance was issued to 18-59(b). I copied for your review both 18-59
(a) and (b) below.
Code reference:
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 slegping 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, § 1(app. 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.
2
(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.
3
OLM ~ i
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 City Council Chambers, 3800 University Blvd. City of West
University Place, Texas 77005, during a meeting set to begin at 6:00 p.m. on December 2, 2010.
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: 3756 University Blvd.
Legal description of the site: Reserve A Block 1 West University Elementary School
Docket No.: 2010-06 Applicant: Lloyd Hart
Action Requested: Variance to Chapter 18, Section 18-59(a) allowing a temporary
classroom to remain until it is no longer needed to maintain the State required Teacher to
Pupil ratio.
Applicable regulations include the City's Development Regulations and Chapter 18, Section 18-
59(a), 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 wheel chair accessible from the East entrance
and specially marked parking spaces are available in the southwest parking area.
3800 University Boulevard 0 West University Place, Texas 77005-2899 9 713.668.4441 a www.westu.org