The URL can be used to link to this page

Home My WebLink About07112013 BSC Minutes City of West University Place A Neighborhood City 0 Recycled Paper Building & Standards Commission Located in the City Council Chambers, 3800 University Blvd, West University Place, Texas 77005 Meeting Minutes July 11, 2013 MEMBERS PRESENT: Frank Griffin, Laurinda Lankford, Denny Powers, and Muddy McDaniel (A-2) MEMBERS ABSENT: Richard Wilson, David Flame, A.J Durrani, Kris Westbrook, and Kirk Eyring. STAFF PRESENT: Building Official John R. Brown, Legal Counsel Shelly Eversole, Building Inspector Clay Chew, and Permit Technician Mike Morris. GUEST PRESENT: Moria Bell, Judy McEnany, Jane Schoen, Jennifer Campo, Arthur Rogers, Charle Ghen, Diane Skylie, Nancy Stabiner, John Wolf, Radhiken Mander, Carol Bruce, Dru Nakine, Brandy Wolf, Frank Stagg, Gary Mosley, Henry Bergeron, and Louise Bergeron. [Call to Order] Frank Griffin called the meeting to order at 6:04 p.m. 1. Notices, Rules, Etc. Frank Griffin welcomed BSC members, visitors and staff members to the meeting. There were introductions of BSC members, visitors and staff. Alternate Voting member Muddy McDaniel. 2. Meeting minutes. Frank Griffin makes motion to suspend regular agenda and move directly into hearing mode. Denny Powers Seconds. AYES: Denny Powers, Frank Griffin, Laurinda Lankford, and Muddy McDaniel. NOES: None. Matters relating to discussion and approval of meeting minutes for August 2, 2012, September 6, 2012 and June 6, 2013. Minutes were reviewed. Frank Griffin makes motion to Approve meeting minutes for August 2, 2012, September 6, 2012 and June 6, 2013 with minor correction to the June 6, 2013. Laurinda Lankford seconds. AYES: Denny Powers, Frank Griffin, Laurinda Lankford, and Muddy McDaniel. NOES: None. Everyone testifying or speaking on any issue was sworn in by Frank Griffin. 3. Variance to Chapter 6, section 6-25(b)(1)(2)(3)(6) and 6-27 for a monument ground sign. Frank Griffin reads from staff summary explaining all five variances before BSC. Frank Griffin goes on to explain that be current meeting is the second meeting and a display was presented by 3826 Amherst Street•West University Place,Texas 77005-2830 • 713.668.4441 • www.westuorg Building and Standards Commission Meeting Minutes July 11, 2013 the church. John Brown explains that he may have put too much emphasis on lumens portion of the variance request. John Brown explains that the restriction is located in the zoning ordinance. John Brown goes on to explain the reasoning for the zoning ordinance that was adopted in 2002. John Brown explains the intent of the zoning ordinance is to reduce the high intense lighting on a property. John Brown goes on to explain that the 4000 lumens rule is more of a defense to present in the case of a nuisance complaint to a limitation. John Brown reads Section 8-107. Frank Griffin asks staff if the request has been filed properly and a proper notice been given. Mike Morris states yes. Frank Griffin states staff has addressed all of the ordinances and given proper explanation. Frank Griffin would now like to hear from the public in regards to the proposed variances. Numerous residents give testimony in opposition to sign placement and express their concerns about the size, location, lumens and hours of operation. Residents also provide a petition sign by 29 residents in opposition of the proposed sign location. Frank Griffin states for the record that he as accepted the petition. Carol Bruce representative of West University Place Baptist Church thanks everyone for attending the meeting. Carol Bruce goes on to explain that she feels the proposed sign location is in the only location that will not affect the oak tree located in front of the property, and that the Church feels the current sign is out dated. Carol Bruce also explains that the L.E.D portion is not what the variance request was intended for, it is the location. Dr. Wolf goes on to reiterate other resident's opposition and explains his opposition of the proposed sign and he feels that it would affect his and every person(not just in the direct vicinity), and is not appropriate for West University Place. Resident Gary Mosley asks about other sign permits in the city of West University Place to see if they required a variance. John Brown replies yes if they did not meet the city ordinances. Gary Mosley goes on to say he is opposed to the variance as long as it is possible for the West University Place Baptist Church to comply with the ordinance. John Brown replies that he has provided examples of compliant locations for a proposed sign. Residents again give testimony in opposition of the proposed sign and sign location. Frank Griffin asks for a show of hand of who is opposed to the sign variance, 95 percent of residents in attendance raise the hands. Frank Griffin states the BSC will now go into deliberation. Laurinda Lankford asks John Brown if the proposed sign would be in violation of the ordinance in regards to lumens. John Brown replies no. John goes on to explain that if the Church moves the sign into the middle two thirds and does not have it facing and homes within two hundred feel it would be in compliance and not need a variance. Laurinda Lankford states she would like people to understand that the variance has to do with location and due to proposed location is why L.E.D is reviewed. Frank Griffin explains that the State of Texas has a very high standard to allow commissions to grant a variance. Frank Griffin goes onto read the ten required findings in order to grant a variance. Frank Griffin explains the findings of the manufacturers' demonstration that was previously presented to the BSC and the public located at the Church. Frank Griffin explains all five variance requests. John Brown explains the visibility triangle to the BSC. Laurinda Lankford states the proposed sign location even though not inside the visibility triangle does not comply with the required findings. Laurinda Lankford states that the urban forester has been out to the Page 2 of 4 Building and Standards Commission Meeting Minutes July 11, 2013 with the required findings. Laurinda Lankford states that the urban forester has been out to the site and assessed if a sign was to be placed in a compliant location that it would not kill the existing oak tree so long as it would be properly installed. Larinda Lankford expresses her concern in regards to enforcement if a variance was granted with particular restrictions i.e. hours of lighting etcetera. Muddy McDaniel explains he feels there are other options than placing a bright flashing sign at the corner for the Church to advertise activities. John Brown explains that if the sign face of the existing sign was alter or updated that it would not loose its non conforming status. Frank Griffin states that the BSC will review and discuss all five of the proposed variances. The BSC reviews all five variances 6-25(b)(1)(2)(3)(6) and 6-27 to see if the requests comply with all the state mandatory findings. The BSC unanimously agrees that each of the five variance requests do not comply with one or more of the state mandatory findings. Frank Griffin makes motion to return to meeting mode. Denny Powers Seconds. AYES: Denny Powers,Frank Griffin, Laurinda Lankford, and Muddy McDaniel. NOES: None. Frank Griffin asks for motion to grant variance 6-25(b)(1). AYES: None. Frank Griffin asks for motion to grant variance 6-25(b)(2). AYES: None Frank Griffin asks for motion to grant variance 6-25(b)(3). AYES: None Frank Griffin asks for motion to grant variance 6-25(b)(6). AYES: None Frank Griffin asks for motion to grant variance 6-27. AYES: None Frank Griffin makes motion to deny 6-25(b)(1)(2)(3)(6)and 6-27. Denny Powers Seconds. AYES: Denny Powers, Frank Griffin, Laurinda Lankford, and Muddy McDaniel. NOES: None. Frank Griffin makes motion to leave hearing mode and address meeting minutes. Denny Powers Seconds. AYES: Denny Powers, Frank Griffin, Laurinda Lankford, and Muddy McDaniel. NOES: None. Frank Griffin makes motion relating to discussion and approval of meeting minutes for August 2, 2012, September 6,2012, and June 6, 2013. Denny Powers Seconds. AYES: Denny Powers, Frank Griffin, Laurinda Lankford, and Muddy McDaniel. NOES: None. Frank Griffin makes motion to approve meeting minutes for August 2, 2012. Denny Powers Seconds. AYES: Denny Powers, Frank Griffin, Laurinda Lankford, and Muddy McDaniel. NOES: None. Frank Griffin makes motion to approve meeting minutes for September 6, 2012. Denny Powers Seconds. AYES: Denny Powers, Frank Griffin, Laurinda Lankford, and Muddy McDaniel. NOES: None. Frank Griffin makes motion to approve meeting minutes for June 6, 2013 with minor corrections. Denny Powers Seconds. AYES: Denny Powers, Frank Griffin, Laurinda Lankford, and Muddy McDaniel. NOES: None. Page 3 of 4 Building and Standards Commission Meeting Minutes July 11, 2013 [Adjournment] Frank Griffin makes motion for adjournment. Denny Powers Seconds. AYES: Denny Powers, Frank Griffin, Laurinda Lankford, and Muddy McDaniel. NOES: None. PASS D T au DAO `-Qi\-1 , 2014 Muddy Mc P aniel, Alternate ATTEST: - a �' Mr. Michael W. Morris, Permit Technician Page 4 of 4