HomeMy WebLinkAbout10062016 BSC Agenda Item 2 The City of West University Place
1 Neighborhood Cal-
Building & Standards Commission
Located in the Bill Watson Conference Room,
3800 University Blvd, R4Pr
West University Place, Texas 77005
Meeting Minutes
August 18,2016
MEMBERS PRESENT: Steve Brown, Sylvette Bobb, Frank Griffin, Denny Powers,
Kris Westbrook, Muddy McDaniel and Chuck Marshall
MEMBERS ABSENT: Bruce Beneke and Connie Clark
STAFF PRESENT: Chief Building Official, Clay Chew, Legal Counsel,
Martye Kendrick and Public Works Administrative
Coordinator, Josie M. Hayes
GUEST PRESENT: John Tsertos
[Call to Order] Steve Brown called the meeting to order at 6:00 p.m.
1. Notices,Rules, Etc. Steve Brown welcomed BSC members, staff and visitors to the
meeting. There were introductions of BSC members, staff and visitors.
2. Meeting Minutes. Frank Griffin made a motion to approve the July 7, 2016 meeting
minutes. Denny Powers seconded the motion. AYES: Steve Brown, Sylvette Bobb, Frank
Griffin, Denny Powers and Kris Westbrook. NOES: None. ABSTAIN: None. Meeting
minutes approved.
3. Appeal the issuing of a building permit. Denny Powers made a motion to suspend the
regular meeting and go into the hearing mode. Frank Griffin seconded the motion. AYES:
Steve Brown, Sylvette Bobb, Frank Griffin, Denny Powers and Kris Westbrook. NOES:
None. ABSTAIN: None. Motion passed. Everyone testifying or speaking on this issue
was sworn in by Steve Brown. Steve Brown asked staff if the request had been filed
properly and if the proper notices had been given. Josie M. Hayes stated the request been
properly filled and the proper notices were sent according to state and local laws.
Clay Chew gave a background of the appeal referencing the L-shaped property that is
located at the corner of Bellaire Blvd and Academy St. that extends to the corner of
Academy St. and Ruskin St. Portion of the site is zoned Light Commercial, (C) another
portion as Single Family(Detached) Third District (SF-3) and the remainder Planned
Development District Family Second(PDD SF-2). Property was initially developed 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, City Council enacted the rezoning ordinances for six
adjacent rear lots along Ruskin St. to allow for parking of company owned and employee
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owned vehicles. At times there have been a large number of occupants and at other times,
a small number of occupants. Recently, the activity levels have increased and concerns
were expressed that the business activities occurring on the 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.
AT&T 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 through the
parking area. The ZBA affirmed the Administrative Official's decision at a meeting held
on January 28, 2016 and denied the special exception and variance requests.
Subsequently, 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 to provide a screen for the
trash collection area and loading area. Additional plantings are planned through here as
well for screen purposes.
Robert Grossman, applicant and resident of 4103 Ruskin,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 Adjustment affirmed that the plans
submitted and approved for the 6700 block of Academy are in compliance with the
zoning regulations. Academy Street does not meet the definition of a residential street
which is the basis for Mr. Grossman's appeal. The Building and Standards Commission
has no jurisdiction or authority for actions arising under the zoning ordinance. Robert
Grossman read a letter submitted from David Cole in favor of his appeal urging BSC
members to suspend or revoke the building permit in question until such time as all
conflicts and violations of West University Place codes and ordinances are corrected and
accurate construction plans are submitted for re-review. Reid Wilson, legal counsel for
AT&T, stated AT&T wants to comply with all City of Ordinance's rules and regulations
and will change whatever needs to be changed on the plans. John Tsertos spoke against
the appeal of issuing the building permit. Clay Chew stated the only permit that has been
issued at this time is the fence permit which is a stand- alone permit. All the outstanding
issues that Robert Grossman addressed are on the plans that have been submitted,but the
permit has not been issued. BSC is not able to take action on an item that has not been
permitted. The Building and Standards Commission may affirm,reverse, modify or
remand the administrative decision and act as the building official in any decision
enforcement. Sylvette Bob made a motion to approve the request to suspend or cancel
BP-16-00700 because the plans violate City Ordinances. Denny Powers seconded.
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3800 University Boulevard I West University Place, TX 77005 I www.westutx.gov rt
The City of West University Place
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Neighborhood Cm
AYES: Denny Powers. NOES: Steve Brown, Sylvette Bobb, Frank Griffin and Kris
Westbrook. ABSTAIN: None. Motion failed.
Denny Powers made a motion to close the hearing and resume the regular meeting.
Sylvette Bobb seconded. AYES: Steve Brown, Sylvette Bobb, Frank Griffin, Denny
Powers and Kris Westbrook. NOES: None. ABSTAIN: None. Motion passed.
[Adjournment]
Sylvette Bobb made a motion to adjourn. Frank Griffin seconded. AYES: Steve Brown,
Sylvette Bobb, Frank Griffin, Denny Powers and Kris Westbrook. NOES: None.
ABSTAIN: None. Meeting adjourned at 7:18 p.m.
PASSED THIS DAY OF , 2016
Steve Brown, Chairman
ATTEST:
Mrs. Josie M. Hayes, Public Works Administrative Coordinator
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3800 University Boulevard I West University Place, TX 77005 I www.westutx.gov