HomeMy WebLinkAbout04062006 BSC Agenda item 2 STAFF REPORT
BUSINESS OF THE BUILDING STANDARDS COMMISSION
CITY OF WEST UNIVERSITY PLACE, TEXAS
AGENDA OF: April 6, 2006 Docket No. 06-O
DATE SUBMITTED: March 21, 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.
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.
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 has not been determined, 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. If the pool is
allowed to be constructed two feet from the property line,this requirement may not be met.
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 does not recommend approval of this variance because adequate
information has not been provided to determine if the applicable factors can be affirmatively proved.
0 City of West University Place
APPLICATION TO BUILDING AND STANDARDS COMMISSION
STATE OF TEXAS ) ( TO THE HONORABLE LOT NO. EIGHTEEN (18)
BUILDING AND STANDARDS
COUNTY OF HARRIS ) ( COMMISSION BLOCK NO. BLOCK ONE (i)
ADDITION SUNSET TERRACE,
SECTION SIX (6)
Now comes H. J. & AGGJE L. FOSTER appellant / own2r_ of the herein described
property, and affirms that on the 1st day of MARCH 2006 , 22SUNe / 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:
To 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.
SECTION 6.206
• There, the appellant now appeals in accordance with the provisions of Chapter 6, Molat , 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:
Respectfull ;.'.ed, .
77 e..,-, /, Cr j--Vitka-
713.664.5878
Telephone Number /
4125 Coleridge, Houston, TX 77005 H. J. & Aggie L. Foster- , Appellant &Owner
Address
713.664.5905
FAX # AFFIDAVIT JOIIE M O11=0 My C
STATE OF TEXAS ) ( � Jun**n.200►
,
COUNTY OF HARRIS) (
5 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. r
Applicant
///1
Subscribed and sworn to before me this l7.\ day of- , �<< `�``', "
= \t-) M, Y ( L
Notary Public in and for Harris county Texas
DATE FILED DOCKET NO. RECEIPT NO..
•
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,
mire 4
H. J. "otter Aggr / otter
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•
Sec.6.205.Quasi-judicial enforcement.
The BSC has exclusive authority with respect to quasijudicial enforcement of health and safety
ordinances,to the full extent prescribed by Section 54.031 of the Texas Local Government Code. The
City hereby adopts and implements Subchapter C of Chapter 54 of the Texas Local Government Code
(Sections 54.031 et seq.,relating to quasijudicial enforcement of health and safety ordinances)
("Subchapter C"). The procedures and remedies prescribed by Subchapter C shall be in addition to, and
not in lieu of,all others prescribed by this Code or the laws of the state. Subchapter C shall apply to and
govern those proceedings expressly commenced under Subchapter C by the filing of an appropriate
written pleading with the BSC. The Building Official is hereby designated as the appropriate official of
the City to present cases to the BSC under Subchapter C. The City Attorney may assist the Building
Official and may designate other attorneys to assist the Building Official. Only the BSC,and not another
board or commission,may exercise authority under Subchapter C.
Sec.6.206.Variances.
(a)Generally. The BSC has limited authority to issue variances from ordinances subject to its
appellate authority or quasijudicial enforcement authority.
(b)Applications. Any person who is restricted or regulated by a provision of the ordinance in
question may apply for a variance. However,the application must either be signed by the owner of the
property involved or must be accompanied by written proof that the person who does sign has specific
authority from the owner to apply for the variance sought. Applications for variance must be made upon
forms prescribed by the Building Official, must be complete, must be signed under oath, must be ac-
companied by the fee prescribed by the City and must be filed with the Building Official. The ap-
plication must include the following:
(1) The particular requirement,cited by section and paragraph number, from which a
variance is sought.
(2) The nature of the hardship imposed by the requirement.
(3) Any proposed condition, alternative method or procedure to be followed in lieu of the
requirement.
(4) The effect of the requested variance, upon the City as a whole and upon nearby residents
and properties.
(5) The estimated cost, in dollars, of complying with the requirement.
(6) Other items required by the Building Official or the BSC.
(c)Handling;Notice. The Building Official shall transmit applications to the BSC,which has sole
authority to issue variances. If the Building Official determines that an application would possibly have
a significant effect upon other properties or persons,the Building Official shall attempt to provide notice
to such persons prior to the time when the BSC will consider the variance. Such notice may be given by
publication,posting or mail,as the Building Official may determine.
(d)Permissive Factors. In considering a variance,the BSC may take the following into account:
(1) Whether the variance will assist in the preservation of historic structures.
(2) Whether the application involves remedial work necessary to bring a structure into
compliance with applicable ordinances.
(3) Whether there are other similar circumstances in existence.
(e)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.
(f)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.
CHARTER& ORDINANCES, City of West University Place, Texas, July 31,2003 Page 6-10
• •
(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.
(g)Form of Variances; Conditions; Recordation. No variance is effective unless it is in writing and
signed by the duly authorized officers of the BSC. The BSC may impose restrictions or conditions upon
any variance and may require that notice of a variance be recorded in the real property records of Harris
County, at the expense of the applicant.
(h)Effect of Variance. Variances do not create any property right or vested right. Variances
remain subject to the regulatory control of the City. When a variance has been issued,the Building
Official may not deny a permit because of noncompliance with the requirement affected by the variance,
provided that all conditions are complied with. It shall be an affirmative defense, in any proceeding to
enforce the requirement,that a variance was issued to authorize the conduct in question,that the variance
has not been modified or revoked and that all applicable conditions have been fully observed and
complied with.
(i)Revocation; Modification. The BSC may revoke or modify any variance previously issued,
provided that a good faith attempt is first made to notify the person who applied for the variance.
Sec.6.207.Advisory opinions.
The BSC may issue advisory opinions relating to any ordinance subject to its appellate authority or
quasijudicial enforcement authority, pursuant to such limitations and rules as it may prescribe.
Subchapter C.Enforcement
Sec.6301.In general.
(a)Certain actions. In addition to imposing those penalties by this Code,the City may also enforce
the provisions of this Chapter in any manner as prescribed or allowed by state law or the zoning
ordinance. No enforcement action is a bar to any other,and the City may pursue some or all in any given
case.
(b)Strict liability;duty ofpermittees. It is the intent of this Code to impose strict liability upon all
persons or entities violating this Chapter. Each permittee has a duty to prevent violations of this Code
arising out of,or relating to,the permit or activities under that person's permit.
Sec.6302.Right of entry.
(a)Request. The Building Official (or an authorized deputy)may request the owner, occupant or
person in control of any structure or premises to allow entry for inspection or enforcement purposes.
(b)Identification. When requesting entry,City officials should identify themselves and present
proper credentials,with a photograph.
(c) Warrant. In the event entry is denied,or if no consent to enter is obtained,the Building Official
may seek the issuance of a search warrant under the provisions of this Code or state law. For this pur-
pose,the Building Official is designated as the code enforcement official.
Sec.6303.City activity.
In a proceeding to enforce this chapter, it is an affirmative defense that the activities involved are
those of the City itself or of City officers,agents or employees(excluding independent contractors) in the
course of their official duties.
CHARTER& ORDINANCES, City of West University Place, Texas, July 31,2003 Page 6-11