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HomeMy WebLinkAbout08182016 BSC Agenda Item 3 STAFF REPORT Business of the Building and Standards Commission City of West University Place, Texas AGENDA OF: August 18, 2016 DEPARTMENT OF ORIGIN: Development Services DATE SUBMITTED: June 21, 2016 PRESENTER: Robert Grossman PREPARED BY: Clay Chew, CBO, CFM City Building Official STAFF PRESENTER: SUBJECT: Appeal the issuance of a Clay Chew, CBO, CFM building permit City Building Official ATTACHMENTS: Zoning Board of Adjustment decision regarding an appeal of the Administrative official. Supporting Email from a resident. Sections 18-7 and 18-18, Appeals to BSC for administrative actions. STAFF SUMMARY Background: The AT&T site is an L-shaped property located at the corner of Bellaire Boulevard and Academy Street and extending to the corner of Academy and Ruskin Streets. A portion of the site is zoned Light Commercial (C), another portion Single Family(Detached) Third District (SF-3), and the remainder Planned Development District Single Family Second (PDD SF-2). The property was developed initially on the south portion of the building site in 1940 with subsequent additions, including a major one in 1956 that extended the building almost the entire length of the lot fronting on Bellaire Blvd. In 1970 and 1975, the City Council enacted rezoning ordinances for six adjacent rear lots along Ruskin to allow for parking of company owned and employee owned vehicles. The use of the existing building structures on the site have basically remained as a switching station for telephone service, but has also housed multiple company related activities throughout the years. At times there have been a large number of occupants and at other times a small number of occupants. Recently the activity levels increased and concerns were expressed that the business activities occurring on site did not comply with the ordinance restrictions on the use of the rear lots for parking. Staff researched and wrote a decision on November 9, 2015 regarding the activities taking place on the site. The decision stated that the activity related to the dumpster/recycle storage bins and the access for delivery vehicles were not allowed on those lots zoned for parking and located within the SF-3 and PDD SF-2 districts. Those activities that are categorized as Medium Commercial, such as vehicle maintenance or auto intensive uses, are also not allowed. ATT appealed the decision and additionally asked for a special exception and/or a variance to continue the use of the dumpster and access for delivery vehicles 1 through the parking area. The ZBA affirmed the AO decision at a meeting held on January 28, 2016, and denied the special exception and variance requests. Subsequently, in order to comply with the ZBA decision of January 28, 2016, construction plans were submitted showing work to relocate the trash collection area and reconfigure the area between the rear of the building and the parking area to use for service vehicle deliveries. The plans also showed the installation of a masonry fence with opaque gates across the driveways along the Academy property line. The fence is shown continuing along the north property line of the commercially zoned site in order to provide a screen for the trash collection area and loading area. Additional plantings are planned through here as well for screening purposes. Staff Response: Robert Grossman has requested an appeal of the decision of the Building Official to issue building permit BP-16-00700 because the plans violate city ordinances. The Zoning Board of Adjustments affirmed that the plans submitted and approved for the 6700 block of Academy are in compliance with the zoning regulations. Academy does not meet the definition of a residential street which is the basis for the appeal. The Building and Standards Commission has no jurisdiction or authority for actions arising under the zoning ordinance. The Building and Standards Commission may affirm,reverse, modify or remand the administrative decision and act as the building official in any decision enforcement. 2 . ,.r City of West University Place .-.',.®:: APPLICATION TO THE BUILDING AND STANDARDS COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS ("CITY") Address of site: 6707 Academy 4068 Bellaire 0 Ruskin Legal description of the site: Lot 16 and 17 Cambridge Place and Lot 1-6 Blk 25 Collegeview 1st Addition Applicant: Robert Grossman Address: 4103 Ruskin Contact: Phone: 832 877 0158 Fax: Email Address: rhgrossman @aol.com Decision or Action Requested(check one or more and provide requested data): (X)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: Building Official • Is the official's action in writing? Yes; copy is attached. No, but the action appealed is as follows: 9 ( X) ( ) pY ( Request that BP 16-00700 be suspended or cancelled because the plans violate City Ordinances. • When was the action taken? Note: Appeals must be filed within a reasonable time. Please explain any delay below: June 21, 2016 • Exact code of ordinance section(s) involved: Zoning: Table 7-5a Table 7-2 Section 8-104(a) Ord 1039 Ord 932 • Grounds for appeal: Section.102 (c) (3) Maneuvering Code of Ordinance Section 38-55 (c)(1)b. The plans violate city of West University Place Ordinances ( )Special Exception. • Exact code of ordinance section that authorizes the special exception: • Exact wording of special exception requested: ( }Variance. • Exact code of ordinance section from which a variance is requested: • Exact wording of variance requested: Other Data. Are there drawings or other data? ( )No (X)Yes (list items here and attach them) The Referenced Building Permit and 1Application State of T X R3 County of tTs-r r 15 This instrument was acknowledged before me on T�\U I q 20 I tD by Koberk Cyb sy tn. J t1" � ` ADRIANA PENALOZA � (se. * ` My Commission Expires ^I March 30,2019 s My commission expires: Mavcl- 3c7,9.col R e(" I..i.,,.e. •,r .: .:it , Notary Public *****".•VID. • 'IGINAL PLUS 15 COPIES(16 TOTAL) F ALL SUBMITTALS***** Signature of applicant: / iAli!�'/ Date: 7 i I o/6 •For Staff Use only Date filed,\P \ \ ) \O -\� Docket#: i7<C — ' ` Date heard: Form BSC-102 Narrative for Appeal to Cancel Building Permit BP 16-00700 and Cancel Approval of Project Plans Reasons for this request are as follows. Construction of fences and metal gates with in the perimeter of Lots 1 — 6 Block 25 Collegeview 1St Edition are prohibited. Ordinances 1039 and 932 proscribe gates or any structure on the lots other than a masonry fence or a hedge along the western, northern, and eastern perimeter. Non-compliant structures must be permanently removed before any work can be permitted on these lots. The the new gates and new fences within the perimeter of Lot 1 are similarly prohibited by these ordinances. Removal of the fence and parking spaces along the north portion western perimeter of 6707 Academy and replacement with a 59 foot long curb cut, 20-foot wide driveway and gate are prohibited. The West University Place Zoning Ordinance (WUPZO) defines Academy as a residential street. Section 8-104 prohibits a commercial driveway "connected to a residential street" from a commercial lot abutting both a major thoroughfare and a residential street. The building site abuts a major thoroughfare, Bellaire Blvd and a residential street, Academy. The new driveway and curb cut is not an exempt prior nonconformities according to Article 12. The Building site has a PNC commercial driveway and curb cut connected to Bellaire Blvd. The loading dock to be built according to the plans violates the WUPZO. Section 8-104 states that "If a building site with a non-residential use abuts both a residential street and a major thoroughfare, none of the following may face, or be located adjacent to, the residential street: ..(iii) any structure or device designed to provide goods or services. The building site abuts a major thoroughfare, Bellaire Blvd and a residential street, Academy. The new structure is not an exempt prior nonconformities according to Article 12. The Building site has a PNC loading dock connected to Bellaire Blvd. Structures are built with in the 5-foot side or rear set back. WUPZO table 7-2. The waste storage dumpster and compactor is within 10 feet of the property line and residential properties. WUP Code of Ordinance 38-55 (c) (1). The loading area and waste storage will increase traffic on Academy which already is inadequate to meet requirements of current use. EXCERPTS APPENDIX A-ZONING ORDINANCE* and Code of Ordinance Section 2-102. - Certain terms. Driveway. A driveway is an outdoor area designated or improved to provide a path or route for motor vehicles. Residential street. Any street, other than a major thoroughfare, abutting a given building site where, within 200 feet in either direction along both sides of the street (measured from the side property lines of the given building site), 51 percent or more of the property fronting on either side of the street is within a residential district. Structure. Anything made by humans which: (i) is not readily portable; (ii) is usually left in one location for an indefinite period of time; or (iii) requires either permanent or fixed location on or in the ground or attachment to something having a permanent or fixed location on or in the ground for its use. Section 8-104. - Non-residential sites and buildings. (a) Buildings, Entrances, Etc. If a building site with a non-residential use abuts both a residential street and a major thoroughfare, none of the following may face, or be located adjacent to, the residential street: (i) any building on the site, (ii) any primary entrance to a building, or (iii) any structure or device designed to provide goods or services. On such a building site, no sign, driveway or curb cut may be oriented toward, or connected to, a residential street. Exception: This does not apply to temporary driveway access authorized by a special city permit, if the permit is issued in connection with nearby construction or other temporary conditions. Such a permit may not have a term longer than two years, may not authorize destruction of any large tree (see Code of Ordinances) and must require restoration of the affected driveway area to its pre-existing condition. Section 10-104. - Loading spaces. On the same building site with every building used for non-residential purposes there must be adequate loading space, separate and apart from the off-street parking spaces. The amount of loading space shall be sufficient in size and configuration to avoid the possibility that loading or unloading would obstruct a street or sidewalk, taking into account the proposed use of the building and the types of vehicles likely to serve it. However, there must be at least one loading area (10 wide by 30 feet long) for each 20,000 square feet of gross floor area, or fraction thereof, of building space likely to require loading space. Loading areas do not satisfy this section unless they are located within 200 feet (measured in a straight line horizontally) of the farthest point in the building space they serve. ARTICLE 12. - PRIOR NONCONFORMITIES Section 12-100. - Purpose. The purpose of this article is to establish rules to allow prior non-conformities ("PNCs") to continue (with certain exceptions) until they are removed or terminated, but not to encourage their survival. It is also the purpose of this article to prevent the enlargement, expansion or extension of PNCs and to limit the degree of nonconformity of PNCs. Section 12-101. - Burden of proof. As provided in Article 6, PNC status is an affirmative defense, so it is the burden of the person desiring PNC status to prove, for each non-conforming item: (i) PNC status has been acquired, and (ii) PNC status has not been lost. Section 12-103. - Losing PNC Status. (b) Conformance is achieved; discontinuation. If a PNC item is changed to conform to this ordinance for an indefinite period or for 180 days or more, PNC status is lost for that item. If a use of property is discontinued for 180 days or more (exclusive of time when actual construction work prevents the use), the use loses PNC status. Coder of Ordinance Sec. 38-55. - Commercial collections; containers. ( C) (1) b. Placement. Dumpsters shall be located in the side or rear of the property, at least ten feet from the property line, so they generally are not visible from the public right-of-way and are screened with plantings or durable materials compatible with adjacent architecture. They shall be located outside of the required building setback area. Page 2 .4. O 'C ..1 'a C a 11 . d o N C i C c d Csi : it .k a)ii- 2 2 .d C O C C p > r. £ O O '‘-i..,9 - IN ... v..- in o d CO 1 Z CD O. 0 1 RU(S6K0,1NR STREET.0 L,i ^ 45.1 cn "" o o ___ C � 0 � -a . 619 ik `- If; , ^W ll O I ,/ T i �� W a s.0• I I w \� \ / .\ IF Y x 0 >, O �• o i_+ d C le it V ',-,-: , {A Z m, C a) a ,` _ R M cz -o a� P. ci x � O 2 71 ;62..3 0 R y. O. 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June 21 2016 Gates and Fence City of West University Place Development Services 3826 Amherst Street West University Place,Texas 77005 Phone: 713-662-5833 Fax: 713-662-5304 PERMIT PERMIT NUMBER: BP-16-00700 APPLICATION DATE: 06/21/2016 PROPERTY ADDRESS: 6707 ACADEMY ISSUE DATE: 06/21/2016 ST,HOUSTON,TX 77025 PARCEL NUMBER: 009-023-000-0016 EXPIRATION DATE: 09/19/2016 LEGAL DESCRIPTION: LT 17&TR 16 CAMBRIDGE PLACE BUILDING SITE ZONING: PERMIT TYPE: FENCE PERMIT APPLICATION VALUATION: 10000 OWNER CONTRACTOR AT&T B.BELL BUILDERS 6500 WEST LOOP SOUTH 104 INDUSTRIAL#100 BELLAIRE, TX 77401 Sugar Land, TX 77478 (281)276-1500 NEW FRAMED AREA(Commercial): NEW FRAMED AREA(Residential): EXISTING FRAMED AREA GRAND TOTAL FRAMED AREA: 0 DESCRIPTION OF WORK: NEW BRICK FENCE W,ROLLING GATES AT WEST SIDE OF PROPERTY.8'TALL, REPLACE EXISTING ROLLING GATES 8'TALL. SUB CONTRACTOR: FEE SUMMARY CHARGED PAID DATE PAID FENCE PR LNR FT(RES) $87.00 $87.00 06/21/2016 APPLICATION FEE-FNCE./SDWK $30.00 $30.00 06/21/2016 GRAND TOTAL SI17.00 $117.00 NOTICE TO CONTRACTORS A PERMIT IS AN AUTHORIZATION TO PROCEED WITH THE WORK AND SHALL NOT BE CONSTRUED AS AUTHORITY TO VIOLATE, CANCEL, ALTER OR SET ASIDE ANY OF THE PROVISIONS OF CITY CODE, NOR SHALL ISSUANCE OF THIS PERMIT PREVENT THE BUILDING OFFICIAL FROM THEREAFTER REQUIRING A CORRECTION OF ERRORS IN PLANS OR CONSTRUCTION,OR OF VIOLATION OF CITY CODE OR ANY OTHER CODE,ORDINANCE OR REQUIREMENT OF THE CITY OF WEST UNIVERSITY PLACE,TEXAS. PERMITTEE SIGNATURE PRINT PERMITTEE NAME: t—' I Rh__ 9A-r e-Ir Jse 21 2016 Gates and Fence The City of est University Place A Neighborhood City Fence/Wall Permit Application 3826 Amherst Street, West University Place,Texas 77005(713)662-5833 Fax (713)662-5304 Inspection request line(713)662-5805 Available 24/7 [before 7:45 AM for same dayj Hour ttM,T7c Project Address: (.A707 ACHNZ"t1 5T. -170o5 Application #: 16 - 700 ATE. T Ac ttt c N SiT Project Name: MuI`)tt-lCA1 E Approved Plat: ❑Yes ❑No Zoning District: Flood Zone: Subdivision: Lot : Block: Property Owner: A1-2,-T Address: 4e i.2.. City: Ma-LA State/Zip: Tx 1140 I Phone:(113)- -1 - 76'38 Fax: (]t3 )- 4*(-' - Ge)yV Occupancy Type: ❑ Residential jommercial ❑ Industrial Description of Work: NEW BelL:1C tialce v41-TA ivy, (-A-r,:-S • N0V FEW—C. Wt Li— 8 Fax TRu.- 2, 114- L,E• Z Of t .,TI laC.. t?t~L LI t ir, c,ATES w.u_ E k'- fIc w.r t-k w tt•► • v L £ Pr_ • • .—....t KL,, 6.:t1Tc� w. tail. a ':,7 e.t..t...1_ C ATE r 5 20 - —r W.t. . e 8 1406,t1T Contractor(Company Name): 13•ge 1 - Be LILIpalaS Address: 6r-1+D4 INIV5-nZiAL B'iD.sutrE IL, City, .` EA`'+D State/Zip. Tx. 17478 Phone#:R272 -405 -Lic., Fax#: 26 I - 27L- -15v� Contact Person: -t.r0.-- Pr'CIEL—_ E-mail: Cipa , Q... xili:x.i1der. •es"i► (PLEASE PRI�i NT) Valuation of the Project$ (01(LO c-r-) Signature of Permittee-�f Print Name: I Date: 4,41/2r.ie, m si• a u ..ye I hereb certif. I hay _d this . t nt a kn.w h•s me t.be true an. . t In a i i.n I re. • ate that lam I e .er .n • It r .nsi.l .r r.m l•a _ w•t v' •r) .1_ .w . . .i a c s wheth r r 'n •r • v ,'t• hi .r • i to completion and a certificate of occupancy being issued. Item Qty Multiplier Min.Fee Fee 1 Application Fee 1 $30.00 $30.00 + 2 Fence/Wall 1p(, Lin. Ft. $0.75 per Lin. $25.00 + Ft. 3 Working prior to obtaining l 100% + permit Additional of (Premature Work) , Normal Fee TOTAL PERMIT FEE 3 117, 00 OFFICIAL USE ONLY 3 /2 .p 6 2//6 •c ive, R• .0 ■ •tx u : No Exceptions Taken: 7. 4 : r l- Rev. 1.2.131RH • k i a a d it 3 � n �,� � \ It 1 § Lb Inc lie4 * v _ • ii nu,: 3. l �� r? Oil ) cicl.cccEC-1 1 1 ak 1 i&;; iiii; ? 1 \ R 7 r(8(J _. r--f l 1 1 J �.�+-0.p ► `. /fib' .. / ., ■ y \ is q Wq1i4 $ s� - s` asa _ g4i @al ih 145 _ ,.. �.. R 1 t 7 55;ae i 44 22. k 9 tl $ 4 14 t ,Yq_ Y E � , E E+7 \ 1 O b .-o 1 1• EMUS Mob t f pNf m 000 m m 2. A Z l R.t' 0 gpa 9 s O la a2 ii Z I- 3 9 1.? 2 z O O E e. a a Z f : : m m li 1 ; Ps : I-6 Vow!err) C y 19 i \`Jl F im O C 6C�i �4 9 to P=,- ,,, _ o^ C/ tR . 8 -. 0� 11.1; ilk _zy �� .;a t' 9fi g��mn e: 6 m a° k Mgt- tg i Fil gx�gm in .n m3 8 C O m 'Y 666"R 9. 1'4 nN� y (8 °'. < i '"•v, 6. V. '. G to {{ i 111 . 1 Z. ?111 ions E o? y 3 ^' s $ 71! z yP a s R:14: 3e2 4eq=@. r 1 R i s _ ?m a eid 1 I r-t n June 21 2016 Gates and Fence CU +• -aa -a • >- CO) io co co @ (a To ro co CO co io Co C VI O v o v v v aa) v co °' v v a) a) v v a) ac) a) a) v O I— C N C o N C N f6 N Uj eV u O v N N E N N N N N N N 0 To 0 0 a) a a) a)v v a) a) I- 1- }., Y CU 4- N OW �iO O ��no000 0 ONONNa0O NNNIo ON9IO N M �--I e-i N N M N I c-I l0 00 Cr) lD c-i r-1 N L.) cN-1 rl e�-1 CU C C CO a) a o Y }, N N N N N N C C C C as oa 0.0 MO C C C C C C C C 6 O "6 '6 '6 "6 -6 "6 CO Q < O O O O O O 0 "0 L L L _c _c L C t t t t t t a = o 0 0 0 0 0 O c c c c c c CO ) a a a a a 9- 4- 4- 4- 4- CD O O O E C N N N E E N N N N a) a) N .... {/1 a' i'r Q Q W o (O (O N N N U < (a CO »- _ , a) > 4- OG �^ �^ ° °� 0- - ._ o ▪ 0 m m m ° N o _c o > cn ,, ▪ +� 0 0 0 0 o IT) L- t10 v 4-' 'C "6 Q GA '� ci OA �-i N H L CO O CO In < < N (a C v v 'Cr a v on 6 C Ll1 �- ? +� a-+ W — 6 E• H 4 6 0 • O a CT) a-. O a a) O 0 • E E N MO CO .0 aai m a) w a v to a) m m a)W U U Y N a) a N N U LL N C a a N ) a)NJ a� Q (p Y E Q C Y : E E >- >, r, a N Vf Q O N N E 7 (o (9 — v oN c cc cc 0 `� < a) = U cc cc U `� Q Q 6 N .7 1D = E E 4 ° ` E E >. a — C cC (n (n o aa) �0 (n o E E .� o CD tm 0 ~ a) C a) a) ~ro a W U co c (a a) • U -6 � U Q Q U O O ' a'a) N N a) c > N CO - 0 a N + > N CO .N C C 7 +_+ 4--, �U 0>` < Q a m m w O E m To E L U U E ea C a 0 CE CO a E U u '6 E ;a v Q a O O a`., cc U H N Academy was designed and remains a residential street. ORDINANCE NUMBER 920 AN ORDINANCE DETERMINING THE NECESSITY FOR AND AUTHORIZING THE CONSTRUCTION OF A CUL-DE-SAC OR TURN-AROUND ON ACADEMY STREET; PROVIDING FOR THE RIGHT TO REMOVE SUCH CUL-DE-SAC; PROVIDING FOR CONTINUED INGRESS AND EGRESS BY ADJACENT PRO- PERTY OWNERS; PROVIDING FOR THE CONTINUED E1'IICIENCY OF THE FIRE, POLICE AND UTILITY DEPARTMC ,TS OF THE CITY; AND PRO- VIDING AN Er0r'i CTIVE DATE WHEREAS, the City Commission has determined that the volume and character of vehicular traffic now using Academy Street has greatly increased over the past five (5) years, and the volume of such traffic has progressively increased over such period of time; and WHEREAS, Academy Street was originally constructed for normal residential traffic only, and the present use of such street is damaging Lie street to tre extent that its normal useful life will be greatly decreased, and the City Commission has determined that unless the present use of such street is curtailed, the street would have to be completely reconstructed at great expense to the city; and WHEREAS. Academy Street has never been designated as a thnrni whfarq for use of trucks, buses and other heavy vehicular traffic, and the City Commission finds that it would be in the best interest and general welfare of all citizens and property owners in the immediate area, that such street be closed to through traffic. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: Section 1. A cul-de-sac or turn-around shall be constructed on Academy Street in the manner and at the point as indicated on a plat, prepared by the City Engineer, marked "Exhibit A" and attached hereto, and made a part of this ordinance for all purposes. Section 2. That nothing herein shall preclude the right of the city to remove such cul-de-sac or turn-around at any time in the future if such removal is determined to be in the best interest of the City. Section 3. That said cul-de-sac or turn-around shall be constructed in such manner and at such location as to not affect the ingress and egress of property owners to their property. Section 4. That the construction of said cul-de-sac or turn-around will in no way impair the efficiency of the Fire Department, Police Depart- ment, public utilities or public welfare. Section 5. This ordinance shall take effect and be in force immedia- tely upon its passage and approval as required by law. PASSED AND APPROVED this 12th day of May, 1969. Commissioners Voting Aye: All Commissioners Voting No: None ATTEST: tidart AO Mayor Assis ant City Secretary � L 1111, 1 ti CD 1 tR p` 4.--0 f 1 I I I Y I i�r b I II Z EDL!e 1 1 _ 1 § a R II 4.r ;! ! PjrU Oh y.- 1- §1� �� p J� 1 cu ++ 0) '= = ro 13 2 ., u CO m +, V N C a, 0 DI •X t s= vi >• Q = ) W 4-, U- L J E B L . ._ co, " 3 o 4 1 Q j e.lo. 13 co M L r.. . '.:„ .fir / 4�i�A�f Q = CU C o Q v o., ` • d >, GC •�W 0 -1 m y a re E ea c L t.r -- C 41 V Z -0 b. ''.-4-1�,. f � O CU o � m = � s O , Op Eu o v, o � , . v L QJ �01 0 al a E. °i 2 N ° ma O mm d Z r-'" 1e 1 =4 i-,fry 1' 1 i _ 'i 6. . Illipii e - ------ _. .,; .., 1 �., .rte b b 3 • _-__T-j--) y 1 Ordinance 932 �' page 1/2 ORDINANC: N' ER V3? Ail ORDINANCE AMENDING ORDINAgCE NUMBER 111 OE THE CITY OF JEST UNIVERSITY PLACE, TEXAS, BY PERMITTING LOTS 1, 2, 3, and i1, BLOCK 25, COLLECEVIEN FIRST ADDITIOL, CITY OF WEST UNIVERSITY PLACE, TEXAS, TO BE USED FOR PARKING PURPOSES S EJECT TO VARIOUS RESTRICTIONS; AN_1 PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVER- SITY PLACE. TEXAS: SECTION 1. That Ordinance number 111 of tl.e City of West Univer- sity Place, `.texas, be and it is herebj amended by the addit' n thereto of Section 24C, immediately following Section 24B, which sad Section 24C shall read as fr,llows: "Section 24C. Lots 1, 2, 3 and 4, Block 25, C -llegeview First Addition, City of West University Place, Texas, shall be uses for the follow- ing pure)ses and no o' Tiers: A. A use that corfcrms in all respects t he reluirements as to the use, lot size, location of main and accessory build- ings, frontage, setbacks and size of main and accessory build- ings, in Single Family Dwelling District Number VIII-A. B. A parking lot for the parking of veh_eles owned by the South- wes'-ern Bell Telephone Company and or its employees and wher used for such purposes no s' ruc+ures of any kind shall be constructed on said parking lot , except signs as provided in Seccion C-(7) of this ordinance. C. The use of said lots as a parking loj shall be conditioned upon compliance with the following regulations, t -wit: (l) No entrances or exits shall rye allowed on the Ruskin Street side of the parking 1 t. All entrances and exits shall be on Academy Street. (2) A hedge shall be planted along the entire width of tre parking lot on Ruskin Street and along the Academy Stree- side of the parking lot in compliance with Article V, Section 20.72 through and including Section 20.75 of the Code of Ordinances Lf the City of West University Place, Texas (Ordinance number 741) . Ordinance 932 cis Dade 2/2 (3) An opaque fence or wall shall be constructed on the east property line of Lot. 4, beginning at the setback line of Lot 5, which is 20 ft. , preceding south along the east property line of Lot 4, thence west along the south property line of Lot 4 and a portion of Lot 3, to its intersection with the east property line of South- western Bell Telephone Company's existing property, such fence or wall to be a minimum of six (6) feet in height and a maximum of seven (7) feet in height, from ground level. Tf. in compliance with the aforesaid provision, the owner of the parking lot desires to erect a masonry wall. such wall shall be constructed in accordance with specifications for "masonry walls" in the Code of Ordi- nances or the e?ty or West University Place, Texas. (4) There shall be a minimum of two (2) feet from the property line to the edge of the parking surface. (5) All parking area shall be paved with a stabilized all-weather surface, or concrete, provided, however, no concrete paving shall be placed over existing sanitary sewer and water lines in the reserved twenty (20) foot strip. (6) If light is provided, it shall be of the type which will illuminate the parking lot only. (7) Signs for the purpose of identifying the property shall not exceed six (6) square feet in area and shall be re- stricted to locations at entrances and exits and if illu- minated shall be a constant light source and not to be intermittent or flashing light." SECTION 2. This Ordinance shall be in full force and effect immediately from and after its passage and approval by the Mayor. PASSED AND APPROVED this 26th day of January, 1970. Commissioners Voting Aye: All Commissioners Voting No: None 2 1 1 1 4,0 fit Mayor ATTEST: car.. Assistant City Secretary ORDINANCE NUMBER 1039 AN ORDINANCE AMENDING ORDINANCE NUMBER 111 OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS, BY PERMITTING LOTS 5, 6, 7, . 8, 9 AND 10, BLOCK 25, COLLEGEVIEW FIRST ADDITION, CITY OF WEST UNIVERSITY PLACE, TEXAS, TO BE USED FOR PARKING PURPOSES SUBJECT TO VARIOUS RESTRICTIONS; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: Section 1 : That Section 24C of Ordinance Number lil of the City of West University Place, Texas.be,` and it is hereby amended so that hereafter said Section 24C shall read as follows: "Section 24C. Collegeview First Addition; Block 25, Lots 1-10, Re- strictions. A. A use that conforms in all respects to the requirements as to the use, lot size location of main and accessory buildings, frontage, setbacks and size of main and acces- sory buildings. in Single Family Dwellina District Number VIII-A. : B. Lots 1 , 2, 3, 4, 5 and 6 may be used as a narking lot for the narking of vehicles owned lyr the Snuthwectorn Roll Telephone Company and/or its employees, . Lots 7,. 8, 9 and 10 may be used as a_'parking`lot for the parking of passen- ger vehicles. All other vehicles are prohibited. When such lots are used for the purposes of parking, no struc- tures of any kind shall be constructed on said lots except as provided in Section:C below. "Passenger" vehicle is defined for the purposes of this Section as any vehicle designed and ;used primarily for the transportation of passengers and having a maximum gross vehicular weight of 6,000 pounds. C. The use of said lots as a parking lot shall be conditioned upon compliance with the following regulations, to-wit: 1 . No entrance-exit shall be permitted onto Ruskin Street from Lots 1 , 2, 3, 4, 5 and 6. The size, number and location of curb cuts for entrance-exit onto Ruskin Street and Weslayan Street from Lots 7, 8, 9=and 10 shall require approval of the City Commission upon application by the owners of such lots, if and when such lots are used for parking purposes. 2. A hedge shall be planted and/or an opaque fence or wall constructed with a minimum height of 32' and a maximum height of 42' on the property line bordering Ruskin Street and Weslayan Street and bordering the 1 line of any adjacent lots which are not used for park- ing purposes. The type of hedge or wall located on the south line of the lots,: if any, shall be subject to the approval of the Chief of the Fire Department. If in rnmplianre with .the aforesaid nrovision. -the owner of the parkincL lot desires to erect -a masonry wall , such wall shall be constructed in accordance with specifications for "masonry walls" in the Code of urdinances or the oty of west university Mace, Texas. 3. There ll be a minimum of two (2) feet from the property line to the edge. of the parking surface. 4. All parking area shall be paved with a stabilized all-weather surface, or concrete, provided, however, no concrete paving shall be placed over existing sanitary sewer and waterlines located in the easement area.- 5. Sufficient light shall be provided to adequately illuminate such lots and shall be'of the type which will illuminate the parking lot only. 6. Signs for the purpose:of identifying the property shall not exceed six (6) square feet in area and shall be restricted to locations at entrances and exits and if illuminated shall be- a constant light source and.not to be intermittent or flashing light." Section 2. This ordinance shall be in full force and effect immedia- tely from and after its passage and approval by the Mayor. PASSED AND APPROVED this 26thTday of May, 1975. Commissioners Voting Aye: All Commissioners Voting No: None f-/d11-4/ ayor ATTEST: Assistant City Secretary �l The City of West University Place A Neighborhood City- NOTICE OF BUILDING AND STANDARDS COMMISSION HEARING The Building and Standards Commission("BSC") and members of the City Council of the City of West University Place, Texas ("City") will hold a public hearing in the Municipal Building, 3800 University Boulevard, City of West University Place, Texas 77005, during a meeting set to begin at 6:00 p.m. on August 18, 2016. The purpose of the hearing is to provide an opportunity for all persons to be heard in relation to the following matter: Address of the site: 6707 Academy, 4068 Bellaire Blvd, "0"Ruskin, West University Place, TX 77005 Legal Description of the Site: LTS 1-6, BLOCK 25 OF COLLEGEVIEW, SECTION 1, IN HARRIS COUNTY, TEXAS Docket No.: 2016-0011 Applicant: Robert Grossman Action Requested: Applicant appeals the decision to issue a building permit and request the Building Official to suspend or cancel the building permit, BP-16-00700, because the plans violate City Ordinances. Additional Details: The site was authorized to be used for telephone switching and main office uses since the 1940's. Subsequently, activities centered on that business have occupied the site. Recently for screening purposes, a building permit was issued to construct a masonry wall along the west side of the property. The applicant has requested that the permit be suspended or cancelled because he believes the approved plans violate City Ordinances. Applicable regulations include the City's Development Regulations, Chapter 18 and Chapter 70 of the Code of Ordinances, Texas Local Government Code and the rules of the BSC. Additional details on such matters, as well as the applicable regulations are available for public inspection in the Public Works Center, 3826 Amherst, West University Place, 77005 and are posted on the city's website at http://www.westutx.gov/284/Building-Standards-Commission. Any person interested in such matters should attend the hearing. If you plan to attend this public meeting and you have a disability that requires special arrangements at the meeting,please contact the Development Services Office at 713-662-5834 in advance of the meeting. Reasonable accommodations will be made to assist your participation in the meeting. The Municipal Building is wheel chair accessible from the west entrance and specially marked parking spaces are available in the southwest parking area. Signed:JOSie mil. .-(ayes, for the BSC on August 4, 2016. Clay Chew, Building Official, cchew@westutx.gov 713-662-5830 WORK PLACES 3800 University Boulevard ( West University Place, TX 77005 www.westutx.gov TOP The City of West University Place A Neighborhood City Zoning Board of Adjustment City of West University Place, Texas ("City") Docket No: 2016-009 DECISION REGARDING AN APPEAL FROM A DECISION OF THE ADMINISTRATIVE OFFICIAL Address of building site: 4068 Bellaire Boulevard, 6707 Academy and"0" Ruskin Street Legal description of the building site: Lot 1-6, Block 25 of Collegeview, Section 1, in Harris County,Texas. Applicant: Robert Grossman Decision Appealed From: Determination of the Administrative Official regarding approval of proposed plans for a building permit. Applicant requested a reversal and revision of the determination. Applicant also requested a determination as to whether or not the 6700 block of Academy Street meets the definition of a residential street. Notice, Hearing,Determinations, Vote: (X) Notice of hearing was given by: Mail and on-site posting, in accordance with Article 11 of the Zoning Ordinance,by Debbie Scarce l l a, City Planner of the City. (X) Hearing was held on 28, 2016. (X) Findings and determinations (if any)have been made, as follows: N/A (X) The vote was: 5 in favor, 0 against this decision Decision of the Zoning Board of Adjustment(subject to all applicable appeals): Under and subject to the City's Zoning Ordinance and applicable law, the Zoning Board of Adjustment hereby takes the following action with regard to the administrative decision referenced above: ()reverses, in( )whole or ( ) part (x) Affirms, in (x)whole or ( ) part ( )modifies, ( ) other action(describe) And, accordingly, the Board makes the correct order, requirement, decision or determination, as follows: APPEAL Page 1 To? 3800 University Boulevard I West University Place, TX 77005 I www.westutx.gov The City of West University Place A Neighborhood City The plans submitted and approved for building permit are in compliance with the zoning regulations . Academy Street (6700 block) does not meet the definition of a residential street . Other Provisions: THIS DECISION APPLIES ONLY TO THE SPECIFIC ITEMS DEFINED ABOVE. IT DOES NOT APPLY TO ANY OTHER ASPECT, USE OR PART OF THE SITE OR STRUCTURE IN QUESTION, NOR DOES IT APPLY TO ANY OTHER ACTIVITY, SITE OR STRUCTURE. TO OBTAIN A RULING FOR ANY OTHER ITEM REQUIRES SEPARATE APPLICATION, NOTICE, HEARING, PROOF AND BOARD FINDINGS. NOTHING IN THIS DECISION IMPLIES THAT ANY SUCH FINDINGS WOULD OR WOULD NOT BE MADE BY THE BOARD. THIS DECISION REMAINS IN EFFECT FOR AN INDEFINITE PERIOD, UNLESS A TEMPORARY OR FIXED PERIOD IS INDICATED ABOVE. THIS DECISION REMAINS SUBJECT TO THE REGULATORY JURISDICTION OF THE CITY. IT MAY BE AMENDED OR REVOKED. THIS DECISION GRANTS NO PROPERTY RIGHT OR VESTED RIGHT OF ANY KIND. Effective Date &Appeals: Subject to any applicable appeals, this decision takes effect on the date it is filed in the Board's office(do Secretary of the Zoning Board of Adjustment, 3826 Amherst, West University Place, Texas 77005), unless otherwise indicated above. Any re- hearing of this decision is governed by the rules of the Zoning Board of Adjustment. Any appeals of this decision are subject to and governed by applicable ordinances and laws, including: the Zoning Ordinance and Chapter 211, Tex. Local Government Code. Under Chapter 211, petitions for judicial review must be presented within 10 days after the date this decision is filed in the Board's office. ZONING BOARD OF ADJUSTMENT, CITY OF WEST UNIVERSITY PLACE, TEXAS By: Presiding Officer, Zoning Board of Adjustment STATE OF TEXAS COUNTY OF HARRIS This instrument was acknowledged before me on (date) by (name) as Presiding Officer of the Zoning Board of Adjustment of the City of West University Place, Texas. (SEAL) My commission expires: Notary Public APPEAL Page 2 3800 University Boulevard I West University Place, TX 77005 I www.westutx.gov The City of West University Place A Neighborhood City This instrument was filed in the Board's office on , and, if a mailing list is attached, copies were mailed to the persons on the list on (N/A. By: Name: Title: APPEAL Page 3 T,oP PLACES 3800 University Boulevard West University Place, TX 77005 I www.westutx.gov Sec. 18-7. - Review of decisions. (a) Application. When the issuing officer takes action on an application for a permit, or on a permit, an applicant or permittee who is directly and adversely affected may request a review. The application must: (1) Be in writing; (2) Identify the parts of this Code or other applicable regulations which are involved; (3) State the action desired and the reasons why the action should be taken; (4) Respond to the decision of the issuing official, covering each reason cited by the issuing official; (5) Include any applicable fee for the cost of the review; and (6) Be filed with the issuing official. If the application is filed more than 30 days following the action sought to be reviewed, the applicant or permittee must demonstrate good cause for the delay; otherwise the review may be dismissed by the hearing board. (b) Referral to hearing board. The issuing official shall refer all review applications to the appropriate hearing board. The appropriate hearing board for actions of the building official is the BSC. Exception: for actions based on the zoning ordinance, the hearing board is the ZBA. An application may have to be referred to more than one hearing board. The issuing official is authorized to make all necessary arrangements for the review proceedings. (c) Interim orders. A review application does not automatically change or supersede a decision of the issuing official, but the issuing official or the hearing board may issue an interim order to apply while review is pending. Interim orders may be issued conditionally. They may postpone the time for compliance with any requirement the applicant may be challenging, but only if all of the following circumstances are present: (1) Postponement is necessary to prevent substantial economic loss or other hardship; (2) Postponement neither causes a significant threat to life, property or health nor disrupts orderly enforcement of applicable regulations; (3) The applicant or permittee takes all reasonable and feasible steps to comply with the challenged requirement, or with substitute requirements specified by the order; (4) The applicant or permittee provides all required insurance; and (5) The applicant or permittee provides adequate security and documents to assure compliance with the challenged requirement if it is upheld. (d) Proceedings of the hearing board. The hearing board shall hear applications for review. The hearing board shall prescribe rules consistent with the nature of the proceedings. The rules shall, to the extent practicable, ensure that each party may present evidence, cross-examine witnesses and be represented by legal counsel. (e) Decisions. The hearing board may reverse, affirm or remand the decision of the issuing official, except as otherwise prescribed by state law. The decision of the hearing board shall be in writing and shall be become the city's final decision when 30 days elapse after it is signed, if no re-hearing is pending, unless otherwise prescribed by state law. (Code 2003, § 6.107) Page 1 Sec. 18-18. -Appeals to BSC from administrative actions. The BSC shall hear and determine appeals from all actions of the building official, except for actions arising under the zoning ordinance (which are subject to the jurisdiction of the ZBA). In addition, the BSC shall hear and determine appeals from other administrative actions where an ordinance authorizes the BSC (or the GAB) to do so (for example, such appeals are authorized with respect to the fire official and the fire code; see chapter 30 of this Code). In any such appellate proceeding, the BSC may affirm, reverse, modify or remand the decision appealed from, and the BSC may take whatever action the building official (or other official) should have taken. (Code 2003, § 6.204) Page 2 1 •,, . •• i . . :.":# • . 1 •, , —4 . r ''• — t-',---„,,:., , ,, - • • ,,., :.1"I IN-'--te';- - :' - ' - ---.... . , ' • . ' - - 4 'r* -• ' 4..i..../.....--....., .. 641- * 1" - ■ . al . - . ' ' XECITItter .f,-' •IIJ• , g , t.L. - y . - 'r"ra"VII" 341 : ''''. 1 Iii Iiti40:016.1' 1- ... 1,121.4- Is ! 'A i 11. (..,--:' .. • 1 Alm IIII iiIIIP44111.1 . ft ._.. t 4....iii ,..„F5 t,..,.1...... I .Ili ' - 111 Pv.01 ...e-'.. i 0. : .ims. 111 latilleuel......1 d „ I..... 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I 1 , I r."?...?e .1 • 1 v , ralVIV I.1 . .4:',1,=:•;.;. I • 1 i — 0 1 ' — I ,Q -I '' '410..i ■.-- 1 . 1 „,, •4 =:_j ,,,b-,',1 b.. -:. '",t4 1 , 1 . I \ ■11 i . i.,1 ! '‘\. • ' . 1-‘9*?,I '‘ 4,;.-:I 'PA . . ... I \ I ''' ••• --:.‘`..\ i• la-, . s.2. gei • •1 I, I a ,\' • -9.. . . . . . . L?) . a 6 , . ilkIDECONENIN---- N .15TsrAvy =... . - • e 41 ( . . . . . - I • • .-1 : . . . , • Josie Hayes From: Debbie Scarcella Sent: Friday, July 29, 2016 10:31 AM To: Josie Hayes; Clay Chew Subject: FW: AT&T Issues Please include this email with the correspondence received for the permit appeal for the ATT facility scheduled in September. Thank you. Debbie Scarcella City Planner City of West University Place 3826 Amherst, West University Place. TX 77005 Tel 713.662.5893 Fax 713.662.5369 In tir ATTENTION PUBLIC OFFICIALS: A"reply to all"of this e-mail could lead to violations of the Texas Open Meetings Act. Please reply only to the sender. From: John Tsertos [mailto:tsertosasbcglobal.net] Sent: Thursday, July 28, 2016 3:28 PM To: Debbie Scarcella Cc: jennifer.black@jgblaw.com; Angie Tsertos; Jeff Relf Subject: AT&T Issues Dear Debbie: Not sure you remember me but I was on both the Building Standards Committee as well as the original Town Hall rezoning effort a few years ago. I live at 4103 Riley just behind the AT&T building and have been there almost 20 years. I have been following Mr. Grossman's crusade and to be honest I am both disturbed and concerned. I've had a chance to review Mr. Grossman's latest appeals and, from my understanding, he now objects to AT&T's plans to upgrade the wall on Academy and install new gates where gates currently exist. He is also objecting to the use of the new driveway (which of course is only necessary because of his previous appeals). What is clear to me is that Mr. Grossman wants to force AT&T to either use only the Bellaire entrance and/or vacate the site entirely. I do not understand his motivation or his rationale in creating such a circus like atmosphere around a very good neighbour. I sending you this email to lend my support to the retaining the status quo. AT&T has been, and should continue to use the residential lots for loading and unloading and use the existing gates, with the upgraded wall and gates) both its service vehicles and 10 wheelers. They have been a good neighbour and I see absolutely no reason to force them to change operations or move. I prefer AT&T as a neighbour to the possible alternatives which might include different commercial uses. I object to any reconfiguration of the use of the property which requires AT&T to use the new driveway for 18 wheelers, as that creates a safety hazard of having trucks back up on Academy to enter the new driveway. I hope that you include my email into the record. Thank you, John Tsertos 4103 Riley 2 SOUTHWESTERN BELL TELE CO U WEST MARKETPLACE ASSOC JULIE A ELLIS& MARTHA J SIMPSON 909 CHESTNUT ST, ROOM 36 105 TOWN CENTER RD 4004 RUSKIN ST SAINT LOUIS, MO 63101-2017 KING OF PRUSSIA, PA 19406-2394 HOUSTON,TX 77005-4335 CLARENCE W& DEBORAH S CULVER JEFFREY&TIFFANY NOTTINGHAM JASON R &ASLEY D PERKINS 4008 RUSKIN ST 4012 RUSKIN ST 4016 RUSKIN ST HOUSTSON,TX 77005-4335 HOUSTON,TX 77005-4335 HOUSTON,TX 77005-4335 AMAR &TEJAL PATEL BORIS& RENATA N WILLIAM B & RUTH HERLONG 4020 RUSKIN ST 4024 RUSKIN ST 4028 RUSKIN ST HOUSTON,TX 77005-4335 HOUSTON,TX 77005-4335 HOUSTON, TX 77005-4335 JOHN BUERGLER & KARLA BRIAN D &JENNIFER G BLACK ROBERT& FRANCES GROSSMAN KURRELMEYER 4040 RUSKIN ST 4103 RUSKIN ST 4036 RUSKIN ST HOUSTON,TX 77005-4335 HOUSTON, TX 77005-3548 HOUSTON,TX 77005-4335 RICHARD W & KRISTIN H MORRISON JOHN TAINER & KATHARINA MELINDA H YEE 4104 RUSKIN ST SCHLACHER 4108 RUSKIN ST HOUSTON,TX 77005-3549 4107 RUSKIN ST HOUSTON,TX 77005-3548 HOUSTON,TX 77005-3548 RASHMI ET AL JAITLY TERENCE W LYNCH CYRUS & LILIAN IRANI ATASU K ET AL NAYAK 4112 RUSKIN ST 4115 RUSKIN ST 4111 RUSKIN ST HOUSTON,TX 77005-3549 HOUSTON, TX 77005-3548 HOUSTON,TX 77005-3548 AUDREY E CHRISTIANSEN NYCE, LLC DAVID& PEGGY O'COLE JOSEPH H BAYLE P.O. BOX 1614 4104 CASON ST 4116 RUSKIN ST BELLAIRE,TX 77402-1614 HOUSTON,TX 77005-3535 HOUSTON,TX 77005 ROSA M ESTRADA-Y-MARTIN CURRENT OWNER CURRENT OWNER SANDRA A OLDHAM 3820 BROWNING ST 4102 BLLAIRE BLVD 4120 CASON ST HOUSTON,TX 77005-2040 HOUSTON,TX 77025-1004 HOUSTON,T 77005-3535 LIHSI &WENDY LYU JAMES D & KRISTIN MCALPIN STEPHEN 0 BOYD &WALLACE L MIERS 4015 RILEY ST 4019 RILEY ST 4023 RILEY ST HOUSTON,TX 77005-4328 HOUSTON,TX 77005-4328 HOUSTON,TX 77005-4328 MICHAEL J &STASA J CUSHMAN MAXIMILIAN & DONNA BUJA NAMEET S&SABINA D WALIA 4027 RILEY ST 4029 RILEY ST 4035 RILEY ST HOUSTON,TX 77005-4328 HOUSTON,TX 77005-4328 HOUSTON, TX 77005-4328 JEFFREY T&ANNABELLA RELF P.O. BOX 107650997 SIOUX FALLS, SD 57186 4040 Ruskin Houston, Texas 77005 August 9, 2016 Building Standards Commission City of West University 3800 University Boulevard West University Place, Texas 77005 Re: 6707 Academy, 4068 Blvd. Docket No. 2016-0011 Construction Permit BP-16-00700 Dear Sirs: We write in support of the permit issued to AT&T for the construction activities at the AT&T property located at the corner of Bellaire Blvd. and Academy Street. We will be unable to attend the public hearing next week so please accept this written letter of support. We live at the corner of Ruskin and Academy, directly across from the back of the AT&T site, at 4040 Ruskin. This entire process over the last nine months has been very difficult, with incorrect and misleading information being provided to the Zoning Board, to the neighborhood, and now, we suspect, to the Building Standards Commission. AT&T has operated at the property for decades. For many years (see attached photograph from 1962), there were two buildings at the site, with parking between the buildings. Both personal cars and service trucks are clearly visible in that parking lot in large numbers. Due to complaints from the neighborhood (due to parking in and along residential streets), in approximately 1970 AT&T purchased the six residential lots along Ruskin, and, under a city variance, began parking both personal vehicles and service trucks in the residential lots. The photos from 1973 and even 2002 show passenger vehicles and service vehicles being parked in the residential lots. Further, in or around 1990, Academy Street was blocked off to prevent Academy from being used as a through-way. The intended effect was to allow AT&T to park off the streets and to access the parking lot from Academy, but to exit to Bellaire and not go through the neighborhood. This arrangement worked well for decades. This was the arrangement in 2008, when we purchased our house. In the years since, we have had no complaints with respect to AT&T as a neighbor. In other words, the status quo was just fine. However, a series of appeals from a neighbor have changed the status quo. In summary: • Please understand that the appeals that have been filed are NOT supported by the majority of the neighborhood. For most of us,the status quo was just fine and we would be delighted if we could simply return to it. • Parking of both employee cars and service vehicles on the residential lots (and, in fact, loading and unloading of those vehicles) is perfectly acceptable, and entirely consistent with the historical use of the property as shown in the photos; • Since there will be parking on the residential lots, it is absolutely appropriate that a new fence and new gates be installed; and • We do not support the clear agenda to force AT&T to vacate the property. Thank you for your consideration. Please do not hesitate to contact us for further information as nee Brian and Jennifer Black 1962 Photo http://www.historicaerials.com/ 14‘; II 41446 eit low 4 ., IN , 1 i ailk. ..... t. ra Sri _--__ }' ;"r 4 ill. i 4.. it 4101 , .10 •' i /kid,* • it. '' * 4 -,4:, ' IP '''''''.'' ,, ,,. ' ' it, „. ' ' Will 0- .:fin ` _.... to, ' ,Imo a A., „,„ ., a , ., ,, , , : .• ,. , . . , .. .,.., • . .10„41% . ,,., , , iiii . _,, .... _........- .4, Aia,. 11 101.1411 .,.. tt , .,_„,,,,,,...„.., ., .. , Ilk . -..,-; '," I ‘ lb' t A 4 i t - ai -Sit„ - - • • it Ili a 1 ii 1 4 .,., 4 • i 401 ok' 1973 Photo http://www.historicaerials.com/ "411.11113 0 r , . . I „.1 1 i. ... 1 w 1 , 1/4,...) , , ,,, .,. ,,, . t: f 2111 a * 9 f illik# , :,„ it .. 4 40101 • lik it 4”' 4 4101104 a Pill"1116 II - lir 14 1 so ( 4b IP I lb rib , 0.. Nip, 4 * 4 i . 416 to able 11 , 1 • 14 • 44 . AIL al I .. es li Ilk IIP - ii 4 `' i 4 1 4 e. . . lb 1 4 1 I 0 u. ' s ♦ /'r • • • irlikhillik, $ • • • • a 4 • 0 . 2002 Photo http://www.historicaerials.com/ iiikpAry' Af, -§sft ri .., 4 ' + ` , i, A • (1111:, . .4 ,Lwilk et t *lip t i, # a A 3 1. x. .. 4fa ' . 4 *4% lif 10 IP 1 tr= Stita 1p• gir # : ' tit I . • iii . • 01■••• pli. ,,,, . 1 , . . . . . ,. s ;fool_ . �',.. + t' 0 1.741. �' ► t ' ' I 10' P Ill t A r►° I dit ` a , lir • 410h1 . r ;+� � i to t , I. a ar A. • • . • • fiIi I ,: ALL .•it 10. IIII , , • � ,_. 4 '1 l -Ynj Tw i . - 3, 3 lmerr arr3rT4'. e . .1%414 M . e %, r Josie Hayes From: David Cole <dcole2000 @att.net> Sent: Thursday, August 18, 2016 1:06 PM To: Josie Hayes Subject: BSC Meeting 8-18-2016 Attachments: West University BSC Meeting 8-18-2016.docx Ms Hayes I cannot attend tonight's meeting due to a schedule conflict. I live at 4104 Cason, directly across from the At&T facility at 6707 Academy, and would be directly affected by the proposed project. Attached is a document for the commission members. If there are any questions that I can answer for you, I can be reached today at this email address. Respectfully David Cole 1 August 18, 2016 Members of the West University Building and Standards Commission My name is David Cole, and I live at 4104 Cason, directly across Academy from the proposed work at the AT&T facility at 6707 Academy. As such, I am directly affected by the building permit (BP-16-00700) under consideration and the proposed work involved. Due to a previous schedule commitment, I cannot be at the meeting in person, but do wish to enter this testimony for consideration. I affirm that the written testimony that I am providing is true. The construction plans dated 4/7/16, and approved by the city on 4/12/16 and 5/2/16, have numerous errors and conflicts with West University Codes and Ordinances. Two different city stamps on the plan coversheet state that work must be compliant with plat, deed restriction, covenant, code, city code, ordinance or requirement of the City of West University Place. The contractors in the field will not know all, or any, of the code or city requirements unless drawn and noted correctly on the approved construction drawings. The drawings approved by the city should reflect all corrections and necessary requirements for a final, compliant project. Though a pp roved in April, and with fence material stocking taking place in June and July, a copy of the building permit p t has still not been posted to be visible. The required notice to neighbors by the contractor has still not been received. Within the body of the drawings, there are numerous conflicts with city codes and ordinances. Sheet C-4 - Location of the dumpster is in violation of Ordinance 38-55. Dumpster is less than 10 feet from the property line. Dumpster is within the required setback area. Additionally, the dumpster is visible from the public right-of-way. Sheet A02.00, detail 2, clearly shows visibility thru the proposed rolling gate. Sheets C-6, A01.000— New solid masonry fence is not compliant with visibility triangle requirements of Ordinance 82-2. All three gate locations along Academy, on the west side of Residential lot 1, are not compliant with the 5 foot x 5 foot visibility triangle. Zoning Table 7-5A—Table allows for a maximum driveway width of 30 feet. Additional 4 foot aprons are allowed for a maximum curb cut of 38 feet. Drawing C-6 clearly shows a 59 foot curb cut. Zoning Table 7-2—Whether proposed work area is called rear of side setback, table requires a 5 foot setback from property line. Drawings (C-7) clearly show dumpster in this setback area. Additionally, the ice machine pad and structure, and about three feet of the proposed ramp are within the 5 foot setback. Project and future use does not comply with Texas Transportation Code 545.415. Sheet G00.00—Applicable codes are wrong. West University has adopted the 2012 International Plumbing and International Mechanical Codes. The electrical code reference should not be using City of Houston amendments. Sheet EP1.02—Card reader is on the city right-of-way instead of owner's property as shown on S1.0 and 2/S2.0. Sheets EP1.01, EP1.04—Drawing shows existing storm inlet near the dumpster, with no changes or design criteria to keep liquid runoff from the dumpster from flowing into the designated storm drain, or eventually running down the driveway to Academy. Sheet C-8—Traffic coordinator phone number appears to be for a City of Houston department. Sheet C-9—City of Houston specifications are being used instead of West University Place specifications. I would urge the members of the Commission to suspend or revoke the building permit in question until such time all conflicts and violations of West University Place codes and ordinances are corrected and accurate construction plans are submitted for re-review. Respectfully submitted, David Cole