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Home My WebLink About05212009 ZBA DKT 2009-06 APPLICATION City of West University Place APPLICATION TO THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS ("CITY") Address of site: u+ s Legal description of the site: L p ~ ~ OCk 39 We S+ Ll nl vCr5 ' ' Pfaee , c{ion! Applicant: pi ah.n c, Bich SAS Address: 6 le +8 Ru+g cr s Contact: Jamie Swor+ke, Phone; 11 414-.0%3 Fax: 113.850.246SEmaikyjl Cors"4yfee-061., Ga lF eaas + Renee 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 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 zoning ordinance section(s) involved: • Grounds for appeal: ( ) Special Exception. • Exact zoning ordinance section that authorizes the special exception: • Exact wording of special exception requested: (,/Variance. • Exact zoning ordinance section from which a variance is requested: Table 9--5a AppenJOC'A ' d4 +,he 2 ONin9 OVdir a-mee • Exact wording of variance requested: Votvianto +D akkoO 0. S+Pul:+un X51iding 4rte gn+e) 4-41t✓ -Fan Z' &,Kk t55 mar 81, V~ a, dri✓aUJQ v~5ibit +y ~yian9k.. SpaGi~~ ~rdt~+On taci S -ADY Which Or, tvvee n'en - 6F +he orAi ra.wee, woatd Presen+ "ne, cGSga %t k&.-AS hi Ft Other Data. Are there drawings or other data? ( )No ( )Yes(list items here and attach them) See, A ppendt X A Attached. The applicant has read the State and City regulations attached. Signature of applicant: Date- 5! t For Staff Use only Date filed: Date heard: Docket#: Form ZBA-102 City of West University Place Application To The Zoning Board Of Adjustment Of The City of West University Place, Texas ("City") Address of Site: 6648 Rutgers Legal Description of Site: Lot 1A-1, Block 39 West University Place, Section 1 Applicant: Dianne Nachlas Address: 6648 Rutgers West University Place, TX 77005 Phone 713.661.1191 Contact: Jamie L. Swonke, Gulf Coast Fence Phone: 713.294.7847 Fax: 713.850.8655 Email: gulfcoastgate@aol.com Decision or Action Requested Appeal The official's action is in writing and a copy is attached. Variance Exact zoning ordinance section from which a variance is requested: Table 7-5a of Appendix `A' of the Zoning Ordinance Exact Wording of variance requested Variance to allow a structure (sliding fence/gate) taller than 2' and less than 8' in a driveway visibility triangle. A special condition exists for which enforcement of the ordinances would present unnecessary hardship. Appendix A City of West University Place Application To The Zoning Board Of Adjustment Of The City of West University Place, Texas ("City") Other Data 1. Proof Of Ownership 2. Staked Survey/ Plot Plan ( Marking Fence/Gate placement in relation to house and driveway) 3. Written Narrative 4. Drawing/Illustration 5. Photographs 6. City of West University Permit Application 7. Copy of Written Violation Notice i ~ Attachment D Narrative City of West University Place Application To The Zoning Board Of Adjustment Of The City of West University Place, Texas ("City") The following narrative is to explain the special conditions that exist that would present an unnecessary hardship to Mrs. Nachlas. Dianne Nachlas contracted Gulf Coast Fence to install a 7' tall by 18' wide slide gate and 40' of wrought iron fence to enclose her side yard, garage and back entry to her home. Several burglaries had occurred in her immediate area and she wanted to protect herself and her property. Due to the design and construction of her home and lot, there was only one option to accomplish enclosing this part of her property. The request for variance is the home is existing construction and the gate was installed to accommodate the property and heighten security. The lot at 6648 Rutgers is a corner lot with the house facing Rutgers and the Driveway opening to Cason. The driveway is on the west side of the property and is 21'2" long and 18' wide. The southwest portion of the fence was brought in 3' from the sidewalk and extended down the west side of her property to include a 18' slide gate as this was her only option to completely enclose her side yard, garage and back entry to her home. The design of the slide gate requires a 4" square tube guide post to allow the gate to function properly. The distance from the edge of the sidewalk to the Northwest corner of her house is 5' 2" preventing the gate from being within the visibility triangle. If the gate is moved any closer onto the property it will affect the foundational over pour and could structurally damage her home. The gate has an automatic slide operator which has a large 2' wide by 3' tall equipment box and housing unit. The air conditioning unit on the north side of the home prevents the operator from being moved any closer in. There is a slight possibility the fence and slide gate system could be moved in 3"- 4" without damaging the foundation however it is not possible to meet the full 5' visibility triangle requirement. The spirit or intention of the ordinance is to protect pedestrians and traffic by minimizing the occurrence of an accident and maximize visibility. The fence is wrought iron and provides visibility on both sides of the driveway. Essentially, the `structure' does not hamper visible traffic or pedestrians it merely encloses her yard from possible trespassers. The reason for installing the fence and gate system was for security purposes. Dianne Nachlas is retired and lives alone at 6648 Rutgers. Several burglaries within blocks of her home prompted her to fear for her safety. Mrs. Nachlas's home is one block off of the busy street of Holcombe and near Buffalo Speedway. The proximity of her home to these major thoroughfares enhances her risk of trespass and burglary. Mrs. Nachlas felt if her garage and the back entry to her home were enclosed she could enter and leave her residence with ease of mind. She would not worry who may be lurking with mischievous intent. • i The front entry to her home is protected with a courtyard and locked Iron Gate. The main door of everyday use is her back entrance that is connected to her garage, it is feasible she would want her driveway, garage and back door fenced in safe and secure. Mrs. Nachlas also travels quite frequently and would like to protect her home while she is away and prevent the exposed back entry. The ideology that criminals commit crimes along the path of least resistance enhances the need to have both entrances and windows enclosed within her yard. The combination of variables, mature age, lives alone and the heightened crime near her home creates a special condition for Mrs. Nachlas unique to her situation. In conclusion, Mrs. Nachlas did not knowingly request the fence and slide gate to be placed within the visibility triangle violating the West University Place Municipal code. The layout and placement of the fence was incorrectly diagramed on the permit application. Not until installation of the gate/fence did Gulf Coast Fence realize the slide gate would not comply with the visibility triangle ordinance in coordination with a driveway. The main concern was to meet the corner house rule interpretation and ordinance involving visibility triangles. We are asking the Zoning Board to please consider the layout of Mrs. Nachlas's property and her valid safety concerns. The fence could be moved in Y'4" however would still not meet the ordinances minimum of 5'. The construction materials used (wrought iron) is of high visibility makeup and does not obstruct a driver's view, which is the intention of the ordinance. The layout of Mrs. Nachlas's lot and home placement in combination with her security concerns as a woman of mature age that lives alone near high traffic streets with frequent burglaries in the near proximity creates a special condition unique to her situation. • ,wp. 1rj~r''A r$t. \',-a-R' rm► w-~ -r-.. fr7. i .'r♦_' {f 1 -qj - „"-~,-.„s,~. Alk VIA 1 _ _ u. _ - Pal S ~~F w ~ ~ ~ yw _ e. ' ` ~bV cf) ~ ' . 3 r a ` • ♦ft =T7" h quo Q . v • A a S \ a' ~ ~ '}y~. S'Y mac' rb ~f11~~~1111111111111i~~111111111111111111~1 j Illi~ wi, ~$17 ! yy l • t. 33 4 ~ ~ X1111 1 l~ f i I Poll I 14 , 77 t it lit 1~,, r ! ' t i:y~ t r~ @p { 'ICI ii11HH! I, -JEW tAl p is E I,;~~~;s ~ ::~''k".... ~~L a ' t~ d 1 } f f~h F 11 ~4 ~ yn ' t tti - _ ;ice M't. - 4 i • - ,mar _ ~~11~1rr~rrrr r ~ I f d 4 pF Jij! iF ~ F k rI i $I a w a _ i i S oln C Gfiom r~olle t1h .F t 13A7~'i8..s(' ms`s .~?,z. ropy, ttr ^ ;~S `4j -~„+n~"~ .R;°~• ~r. °~r~. a -9; 1 3£. z1 ct 'mMmCxMr~S!~Ymr~&Ux:'dw&vov..>~1vc::vr,+.dws~ ' ^l:N#ksi -'^.-...a-..-•-.~. . , ASO STREET w._.,. ..:urwo«na.>^.rw.v-re.rs.-wror.r-.._, ✓ar..... ttY of West Univ L ersity Place Development Services Division Building Permit Application Zoning District Flood Zone: 1LICI o Project Address Application # Legal Description Contractor Lot. Blk: _ Applicant Name Address City ~ Phone # ate: Zip..2 7 y7 Property Owner: Fax # ( j Name t~z w n 4, Address S CL - Phone # Estimated Cost of Const: $ Occupancy Type; Framed Area Sq. Ft.: Building Height: # of Stories Building Site Sq. Ft.: Commercial Renovation or Demolition Only: An asbestos survey is required by the Texas Abestos Health Protection Rules (TAHPR) and the National Emmission Standards for Hazardous Air Pollutants (NESHAP). Copy of the survey is required. r Survey Provided? Yes k' No Description of Work: k ( c~2 ADDITIONAL PERMITS FOR ELECTRICAL, LUB APPROACH, IRRIGATION, FENCE AND AREA DRAINS SHALL BE PULLE WALK, DRIVEWAY, BY CONTRACTOR PERFORMING WORK SEPARATELY Item Quanti Multi tier 1 A lication fee p Fee 2 Sidewalk 1 $15.00 Ft. X .75 /ft $15.00 3 Fence $25.00 min 4 Fence Ft. X .75 /ft $25.00 min 5 Street or curb Cut $80.00 a $25.00 6 Draina 7 Commercial Occu anc ins $111010,.0 8 Permit Renewal 00 9 Premature Work Char a 50°;0 of On final Permit 10 Plan Review 100% of Construction Fee's # 14 or 15 50% of Construction Fee's # 14 or 15 11 Residential Construction 12 Commercial Construction See Fee Schedule Total Permit Fee See Fee Schedule Minimum Permit Fee $25.00 For The Above Items I hereby certify that I have read and examined 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 rovision laws and ordinances (whether specified herein or not) p s of all certificatio2 governing this project to completion and a 0f occupancy being issued. O~ Sign ure of Permittee / rJti Date Ple se Print Permittee Nam Issued By: ADDRESS.- 6648 RUTGERS S HOUSTON, TEXAS 5 BORROWER. &4NNE NACHL4S a LOT 1A-1, BLOCK 39 WEST UNIVERSITY PLACE, SECTION 1 a ACCORDING TO THE MAP OR PLAT THEREOF RECORDED c^'„ IN VOLUME 444, PAGE 560 OF THE DEED RECORDS OF HARRIS COUNTY, TEXAS F ~ ~ n/evo f 8 s r onv aw rouvu 8 Now PA SaF,X MOAM aRo F~ cMnA Pa0a m= MZ vgpv Y96s9?s 2.d' MM AW 2.7' fv"W *M AM EAST Imacy _ _ m mw L 04meM r me ~ a4fNfl~C h CDC ~ 1 ~8 ~ Na riamm eS r 1-STORY t Sf BRICK FRAME LOT d 'r RESIDENCE I q' DOW a4W M404 AB p D V PDM~ O►ObIFAD cowl WCF NO r?eW p 1U 45-5' ?7.~. 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'r ll" .y $S.e'Ai P ..~d.f ^t .a _~,,''UrY r-AW-526-3767 PAX 281-496-1967 1~ 21 --lose mw 9" floe 1.2mak note 77W9 i i 6 (mom) The City of West University Place A Neighborhood City *Poes ho+e G nanCe, April 15, 2009 I VI V'C A`~On 0~ Gulf Coast Fence 4203 W. Alabama Houston, Texas 77027 ATTN: Andrew Richardson Re; SECOND AND FINAL NOTICE OF VIOLATION First notice March 20, 2009 Violation: Fence permit number 09-283 @ 6648 Rutgers Mr. Richardson This letter is to inform you the fence located above has not been brought into compliance either by relocation or by variance. The dead line for the variance application, you obtained from my office, to be heard at the May Zoning Board of Adjustment meeting is May 1, 2009. Should the variance application not be received on or before May 1, 2009 at 12PM/noon, the fence violation must be brought into compliance on or before May 15, 2009. Failure to comply within the allotted time will result in the city issuing municipal citations. Each day the violation exists is a separate violation per section 1-7. Sec. 1-7. General penalties for violations; alternative enforcement. (a) Penalties . Whenever in this Code or in any ordinance of the city an act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or whenever in such Code or ordinance the doing of any act is required or the failure to do any act is declared to be unlawful or an offense, and no specific penalty is provided therefor, the violation of any such provision of this Code or any such ordinance shall be punished by a fine. No fine shall exceed $2,000.00 for violations of all such rules, ordinances and police regulations that govern fire safety, zoning or public health and sanitation, including dumping of refuse, nor exceed $500.00 for all other violations. No penalty shall be greater or less than the penalty provided for the same or a similar offense under the laws of the state. Each day any violation of this Code or of any ordinance continues shall constitute a separate offense. Should you have any questions please contact me at 713-662-5830. Sin el , Jo R. Brown, MCP, CFM Chief Building Official Cc. Chris Peifer, Asst. City Manager/Dir. Public Works Debbie Scarcella, City Planner Alan Petrov, City Attorney DIANE D. NACHLAS 6648 RUTGERS AVE HOUSTON TX 77005-3853 MAILED CERTIFIED RRR AND ONE REGULAR MAIL 3800 University Boulevard • West University Place, Texas 77005 • 713.668.4441