HomeMy WebLinkAbout12062007 BSC Agenda Item 4 • STAFF REPORT IP
BUSINESS OF THE BUILDING STANDARDS COMMISSION
CITY OF WEST UNIVERSITY PLACE, TEXAS
AGENDA: December 6, 2007 Docket No. 7-04
DATE SUBMITTED: November 15, 2007 DEPARTMENT OF ORIGIN: Development
Services
PREPARED BY: S Landis,Building PRESENTER: James Miles
Official
SUBJECT: Request a variance to Section 82-4(b) of the City's Code of Ordinance, titled
"Tree Permits."
FYHTBTTC. Application, Letter from Applicant, Copy of Tree Disposition and Photos.
EXECUTIVE SUMMARY
Mr. James Miles is requesting a variance to Section 82-4(b) of the City's Code of Ordinance, titled
"Tree Permits." Mr. Miles applied for a permit to have removed from his property a protected 8"
Crape Myrtle. The permit on November 6, 2007 was denied by the building official after
consultation with the urban forester. The denial is due to the tree does not meet the criteria of
Section 82-4(b) of the City's Code of Ordinance.
Section 82-4(b) states:
Criteria for Issuance of permits; The building official shall only issue a tree permit if
subsections (1) and either(2)or(3) are present:
1) Application; an application for the permit must be filed by the owner of the area where
the tree is located. If the tree is located on a property boundary, all owners must join in
the application.
2) Trees in poor condition; hazards; low-value trees. The tree in question is diseased,
severely damaged or dead, or the tree creates a hazard to human life or an existing
building, or the tree is a low-value tree. In any cases, the permit shall be issued
without special conditions or replacement requirement.
3) Trees as impediment to proposed use of the subject site. The tree in question causes an
unreasonable impediment to use and enjoyment of property. Any permit issued in this
case shall be reviewed by the urban forester and shall require that any replacement
trees required by this chapter be planted. If replacement trees are to be located on a
subject site controlled by the permittee, the permit shall also require that they be
thereafter maintained. If the permit would authorize damage to a protected tree, but
not removal, the permit must contain conditions reasonably calculated to minimize the
damage to the protected tree (and may require replacement trees).
Staff recommends that Mr. Miles request be considered.
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City of West University Place
m APPLICATION TO THE BUILDING AND STANDARDS COMMISSION
OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS ("CITY")
Texas
Address of site:
Legal description of the site:
Applicant: TA-AA e---s A, L. c s
Address: .59, S' c w-r, e s;
Contact: 77u -; ,Li t t
Phone: i S•916.1-2 ,i)I nz.• 1 s (c N)ax:
Email Address: j ,Ae..4� te.; 6'(0 ccrEive:,i. c ni■
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:
96Variance.
• Exact code of ordinance section from which a variance is requested: 8Z- b t/,�&*.i i'
PEA/fiAn/C 4f T Q11-01aA:1C(
• Exact wording of variance requested:
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£EJ A .=-04.Afit vV tY f T wG' �:) LfKc '�i f?�l vl C'vL "Nt. T2t�, (A, ( F1 J
4\r T� �>✓ a%'iFaf.,r�� /�v'j�ry t` �7 � f 9' CSC -i'Isfe e f,D GE- (PC &YI)6- 1 r&- AT7Y9C 0E1) p-,4 C,q' 7/1'4
Other Data. Are there drawings or other data? ( )No (K)Yes (list items here and attach them) bec )
Signature of applicant: �: �
Date: 1 1`-d '-, ,-
For Staff Use only Date filed: .,' Date heard: �t'l r.. Docket#
Form BSC-102 - k 1
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Proposal for Variance Regarding the Urban Forest Enhancement Ordinance(82-4b)
I am asking for a variance to the Urban Forest Enhancement Ordinance(82-4b) in order to remove a
Crape Myrtle tree on my property at 5918 Charlotte Street. There are several reasons why I would like
to remove the tree,which I believe are in accordance with the original intent and spirit of the ordinance:
First,the Crape Myrtle in question(see accompanying photo#1) poses a security risk by allowing
potential intruders to climb and hide in,or behind,the tree in close proximity to the front door.
Second,there is actually an over-abundance of trees and canopy cover on the lot as it stands now,and
the lot,and neighborhood,would benefit from the careful and strategic removal of the tree.
Third, no reasonable or feasible method is available to comply with the replanting requirement,as the
lot is already more than substantially filled with trees and there is no room for an additional tree(see
photos#2-8).
Lastly,the variance will introduce no threat to the public health or safety. It will not in any way interfere
with use of nearby property because the tree is located in the middle of the lot and not near any other
property.
I greatly appreciate your consideration of this request.
Sincerely,
James Miles
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