HomeMy WebLinkAbout05042006 BSC Agenda Item 2I
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STAFF REPORT
BUSINESS OF THE BUILDING STANDARDS COMMISSION
CITY OF WEST UNIVERSITY PLACE,TEXAS
AGENDA OF: May 4, 2006 Docket No. 06-02
DATE SUBMITTED: May 1, 2006 DEPARTMENT OF ORIGIN: Development
Services
Debbie Scarcella, Building Joe&Aggie Foster, Property
PREPARED BY: Official PRESENTER: Owners; Debbie Scarcella,
Building Official
SUBJECT• Request for a variance to Section 6.563 (1) of the City Code of Ordinances as it
relates to setbacks for swimming pools, located at 3715 Tangley.
EXHIBITS• Building and Standards Commission Application,Proposed site plan,
Answers to required list of findings
EXECUTIVE SUMMARY
Mr. And Mrs. Foster are requesting a variance to Section 6.563 (1) of the City Code of Ordinances
which governs the placement of swimming pools on a building site. The ordinance states that the
outside wall of any swimming pool must be at least five feet (5') from any property line. Mr. And
Mrs. Foster are requesting to be allowed to encroach not less than two (2) feet into the prescribed
setback. Formal plans for the pool have not been submitted for permit at this time. Mr. Foster
appeared before the Commission on April 6, at which time the item was tabled until Mr. Foster
presented additional information that could affirmatively prove the ordinance-prescribed list of
findings.
The proposed location of the swimming pool is attached with the variance application. Since the pool
plans have not been submitted, it is unknown as to the actual dimensions of the pool. Since the actual
depth of the pool is not stated in the application or on the plans, it is unknown if any excavation might
disturb or affect any structure dependent upon bearing soil located within the angle of repose of the
pool excavation. Additionally, the structural integrity of the pool might be affected by any excavation
on the property abutting the pool location. The ordinance also requires that a walkway, deck, apron or
other footpath abut the pool around 70% of its perimeter to aid in maintenance, testing, and lifesaving.
The ability to meet this requirement may be dependent upon the location of the pool in reference to
the property line.
Attached to this report is the determining factor list which ordinance prescribes to reach an affirmative
decision for a variance. Several factors must be considered in making a decision, especially whether
or not the applicant has an exceptional hardship in attaining compliance with the regulation. Other
factors, such as nuisance or unreasonable interference with the use of nearby property, must also be
considered.
Staff Recommendation: Staff recommends that if the determining factors can be affirmed by the
Commission, approval of this variance should be for not less that 3.5 feet from the property line with a
minimum three foot walkway around 70% of the perimeter of the pool, and that the submitted plans
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include engineering that will support the proximity of the pool to both the property line and the
surrounding structures.
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City of West Universit Place
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APPLICATION TO BUILDING AND STANDARDS COM1\'IISSION
STATE OF TEXAS ) ( TO THE HONORABT LOT NO. EIGHTEEN (18)
BUILDING AND STANDARDS
COUNTY OF HARRIS) ( COMMISSION BLOCK NO. BLOCK ONE (1)
ADDITION SUNSET TERRACE,
SECTION SIX (6)
Now comes H. J. & AGG1E L. FOSTER appellant / owD2t of the herein described
property, and affirms that on the 1st day of MARCH 2006 , ;Te / she applied for a
permit to
Permit a swimming pool in variance of the Charter & Ordinances of the City of West University Place,
Subchapter H, Swimming Pools; Sec. 6.563, Setbacks, locations, etc.; Item (1) No part of the outside wall of
any swimming pool may be closer than five feet to any property line.
at 3715 Tangley on a lot 65 feet by _.124_feet, in the_Sunset Terrace
District, as shown to scale, with all existing structures on the attached staked survey and the Zoning Map of the
City of West University Place, and to use the same as residential swimming poolfhe permit, however was
denied upon the following grounds: •
7'u allow construction of a swimming pool at 3715 Tangley not,closer than two (2) feet to the side
property line between 3711 and 3715 Tangley.
SECT10N 6.206
There, the appellant now appeals in accordance with the provisions of Chapter 6, Maitait, to the
Building and Standards Commission to grant the heretofore requested permit, variance or exception, and to permit
him to use the completed premises as a _ residential swimming pool_ for the following reasons:
To enable the property owner to be allowed to construct a swimming pool of reasonable dimensions for
family use. The present Ordinance would allow only a narrow pool with limited width for family use.
H. J. Foster has spoken with Donna and Harold Jaschke, owners of 3711 Tangley, immediately adjacent
To the east of 3715. Mr./Mrs. Jaschke also own 3710 Plumb, their current residence. To the knowledge
of the owner of 3715 Tangley, the owners of 3711 Tangley have no objections to this request for variance
under Charter & Ordinances, Subchapter H, Swimming Pools, Sec. 6.563, Item (1), Setbacks:
Respectfpllpbtted,
713.664.5878 �'° d ",+
_ IiTelephone Number
4125 Coleridge, Houston, TX 77005 H. J. & Aggie L. Foster , Appellant &Owner
Address
713.664.5905
FAX # AFFIDAVIT
JOIN
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1.* 011011C0
COMMINIOn WNW
STATE OF TEXAS ) ( (i: )) AIM NM
COUNTY OF HARRIS) (
C3SC) , being duly sworn, deposes and says: I, the applicant named in this
application have read the contents hereof, and all statements here contained are true and correct.
Applicant , 2",
r
Subscribed and sworn to before me this \"S\-_ day of ViArk \ `-Q
\ )(7L 0
Notary Public in and for Harris county Texas
DATE FILED. DOCKET NO. _ RECEIPT NO..
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Owner's Attachment to the City of West University Place,
Application to Building & Standards Commission, Request for Variance
As evidence of their responsibility and concern for the environment and ecology of West University
Place, the owners of 3715 Tangley have taken the following actions:
A) The original house plan with driveway was reversed, east to west on the lot, so as to not
impact the root structure of the two large water oak trees on 3711 Tangley immediately
adjacent to 3715 Tangley.
B) The driveway and walks at 3715 Tangley will be constructed so as to be permeable to water,
to minimize rain runoff.
C) The second floor plan of 3715 Tangley residence has been `stepped' back to allow clearance
for the canopy of the large live oak tree at the south-west corner of 3715 Tangley.
This information is included with this request for variance to the BUILDING & STANDARDS
COMMISSION for a swimming pool placed no closer than two (2) feet to the east side lot line of
3715 Tangley, as evidence of the sense of responsibility of the owners of 3715 Tangley to other
residents of West University Place.
Respectfully,
H. J. poster Aggie ostet-'
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• H. J. & AGGIE L. FOSTER .
4125 Coleridge/Houston, TX 77005 /Tel 713.664.5878 / hif360@aol.com /Cellular 832.567.4348
DATE: 19 APR 2006 TO: BUILDING & STANDARDS COMMISSION
CITY OF WEST UNIVERSITY PLACE
SUBJECT: 3715 TANGLEY REQUEST FOR VARIANCE
To the Chair & Members of the Building & Standards Commission:
There is nothing inherently sinister, devious or fraudulent in this request for a variance
in the City of West University Place. As such, I would appreciate a more friendly
attitude from Commission members and members of City departments participating in
the consideration of the requested swimming pool side lot line variance at 3715 Tangley.
Thank you, "..."
Further to the hearing conducted on 20 March 2006 on the above subject, the Commission
requested written reply to Sec. 6.206, Variances, (1) Required Findings, items (1) through
(9). In support of the requested variance, we reply as follows:
(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.
The imposition of the requirement will not impose an exceptional hardship upon the
Applicant. It does impose a significant hardship on the Applicant.
Equally, granting of the variance imposes no hardship on any neighbor of 3715 Tangley.
It imposes no hardship on any other City of West University Place resident.
(2) No reasonable and feasible method or procedure is currently available to comply with
the requirement.
Given 3715 Tangley lot dimensions, proximity to adjacent properties and specifics of the
request, granting the variance can be considered a "reasonable and feasible method or
procedure".
(3) The imposition of the requirement is unjustified because of good and sufficient cause
demonstrated to the BSC
The imposition of the requirement is not justified by good and significant cause due to
any resulting negative effect or influence on adjacent properties or residents or to any .
other property or resident of the City of West University Place.
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(4) The variance will not introduce or increase any threat to public health or safety.
No threat to public health or safety would result from the granting of this variance.
(5) The variance is consistent with the purpose and intent of the ordinance in question.
The purpose and intent of the ordinance is to protect adjacent properties from threats
to public health and safety, while maintaining City of West University Codes &
Standards. Granting the requested variance will not have a negative effect on
adjacent properties.
(6) The variance will not cause a nuisance and will not unreasonably interfere with the
use of nearby property.
The variance has no nuisance factor and does not interfere with the use of any nearby
property.
(7) The variance will not cause a fraud to be worked upon the public or any individual.
The variance has no potential for fraud, being limited only to a property improvement.
(8) The variance will not cause an increase in public expenditures or budgets.
The variance will not affect or increase public expenditures or budgets.
(9) The variance will not create an irreconcilable conflict with any other ordinance, law,
rule or regulation.
The variance does not conflict, irreconcilably or otherwise, with any other ordinance,
law, rule or regulation of the City of West University Place.
Thank you,
H. J. Foster