HomeMy WebLinkAbout07192011 BSC Agenda Item 2
STAFF REPORT
Business of the Building and Standards Commission
City of West University Place, Texas
AGENDA OF: July 19, 2011 DOCKET NO.: 2011-05
DATE SUBMITTED: June 28, 2011 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 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. The current variance extension expires July 31, 2011.
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 9, 2009 docket
number 2009-02 and as extended per docket number 2010-06, dated December 2, 2010 to
remain for one additional year.
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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 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-
(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.
(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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