HomeMy WebLinkAbout01162020 BSC Agenda Item 3 STAFF REPORT
Business of the Building and Standards Commission
City of West University Place, Texas
AGENDA OF: January 16, 2020 DOCKET NO. : 2019-0010
DATE SUBMITTED: January 10, 2020 DEPARTMENT OF ORIGIN: Development
Services
PREPARED BY: Clay Chew, CBO, CFM
City Building Official PRESENTER: Clay Chew, CBO, CFM
City Building Official
SUBJECT: Variance request to place a
fence in the front yard of the property. STAFF PRESENTER:
Clay Chew, CBO, CFM
Chief Building Official
ATTACHMENTS: Variance request, Ordinance section
STAFF SUMMARY
The applicant at 4151 Bissonnet is requesting a variance to place a fence in the front
yard. Article VII Section 18-202 prohibits fences from being constructed in the front yard
(setback) of any building site.
1
Article VII Fences
Sec. 18-202. - Prohibition in front or side.
(a) Prohibition. No fence may be constructed, improved or structurally altered on the front yard
(setback) of any building site. Exceptions: this restriction does not apply to low retaining walls,
institutional security fences, fences owned by any governmental entity or fences or walls specifically
required or allowed to be located in the front yard (setback) of a building site by this Code or the
zoning ordinance.
(1) Reserved.
(2) Low retaining wall means a wall designed and used to hold earth or similar material in place,
no part of which extends higher than the highest naturally occurring part of the ground in the
front portion of the building site and no part of which is located outside of the building site.
(3) Institutional security fence means a fence which meets all of the following criteria:
a. The fence is located on a building site where there is a building or group of buildings
specially constructed and used as an actual place of religious worship (including schools,
parking lots, parsonages and other accessory buildings);
b. The fence is located along or generally parallel to a major thoroughfare, and only along
side streets to the extent necessary to connect the main portion of the fence to side fences,
rear fences or buildings; and
c. The fence is no more than 50 percent opaque.
(4) Major thoroughfare means Kirby Drive, Bissonnet Street or Bellaire (West Holcombe)
Boulevard.
(b) Rotated corner lots . This subsection only applies to a corner lot carved out of a larger corner site
originally established by the first plat or map of the subdivision in question, where the front street line
of the corner lot is on a different street from the street where the larger corner site had its front street
line. On such a corner lot, no fence may be constructed, improved or structurally altered along the
side street line of the corner lot(this would have been the front street line of the original larger corner
site) unless the fence is set back from the side street by at least one of the following two distances:
(1) A distance equal to the depth of the front setback area of any adjacent building site which has
a front setback area abutting the side street; or
(2) A distance equal to the depth of the side setback area of the corner lot, measured from the side
street. If the BSC is requested to issue a variance to permit a fence on the corner lot closer to
the side street than prescribed above, and if a petition signed by 20 percent or more of the
persons owning property along the side street within 200 feet of the rear lot line of the corner lot
(and on the same side of the side street) is presented to the BSC before it acts on the request,
the requested variances shall not take effect unless approved by all members of the BSC
qualified and serving. Under no circumstances, with or without a variance, is a fence allowed
within five feet of the side street line.
(c) Street visibility at a major thoroughfare. This subsection only applies to a corner lot adjacent to a
major thoroughfare or roadway marked for four lanes or more. Any fence constructed, improved or
structurally altered on any such lot shall require prior approval from the building official and/or a
traffic study submitted by a licensed traffic engineer. Visibility will be determined in accordance with
the guidelines of the American Association of State Highway Transportation Officials (AASHTO). The
standard is a 15-foot curb setback from the major thoroughfare for the assumed eye of the
approaching driver. The building official may reduce this setback to a minimum of ten feet if there is a
natural obstruction.
4eVt-me , 173 -fix 1 12evtxc.\.: C. ?o, lot s\
5oc,_,S Urv/L6,9n
City of West University Place
APPLICATION TO THE BUILDING AND STANDARDS COMMISSION
OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS ("CITY")
TEXAS ' q
Address of site: 44.9g-iS$OVArt;-. S�'rct✓T us:toy 64 - 1-0(>5'
Legal description of the site:
Applicant:JtFRr . 4 :TAN, R.
Address: 46-) 51 SS OVNC 7 $T }' t*s'ttyy, '3.11:22
Contact: Asezue..
Phone: 2`6\- 513- 1 t#144 Fax: N/A
Email Address: \ -iS. U l,,,nC , coM
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 building official (or
other administrative official)of the City.
• Name and title of 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 code of ordinance section(s) involved:
• Grounds for appeal:
Special Exception.
• Exact code of ordinance section that authorizes the special exception:
• Exact wording of special exception requested:
pciVariance.
• Exact code of ordinance section from which a variance is requested:
4R-rtCL._ V'1/ , N . `_tear3 /FS .
, , /' yeof
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• act wording of variance requested: NT-7" - tAt0E----,
Other Data. Are there drawings or other data? ( )No ( )Yes (list items here and attach them)
State of 1 tx
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iature of app _ : .. Date: "\\1(�t'
For Staff Use only Date filed: 1 l9 Date heard: /-1t -2 v Docket#: P2 - /91'-°0010
Form BSC-102
December 17, 2019
City of West University Place Building and Standards Commission
December 10, 2019
RE: Variance Request a fence/wall for 4151 Bissonnet, Houston Texas
Dear Commissioners,
Our names are Jeff and Inge Britton and we have been residents of West
University Place (WUP) for approximately 28 years. As WUP homeowners, we
have lived at 4151 Bissonnet for 14.5 years and at 6629 Buffalo Speedway for 9.5
years.
As you well know, Bissonnet Street in WUP has developed into a high density
traffic artery, as has other WUP streets including Kirby, Bellaire/Holcombe,
Buffalo Speedway, and Weslayan. In addition, the traffic from surrounding road
repairs, home construction and personal landscapers in WUP, has also
dramatically increased. Traffic congestion in our area has also been further
exacerbated by the increased train traffic, resulting in the obstruction to traffic
flow by the prolonged wait times during peak/non-peak traffic times at the
railroad tracks.
We have had our home listed for sale for over 18 months. Most of the potential
buyers who personally viewed our home, have expressed their concerns as to the
high level of traffic congestion and noise, the dangers of fast moving motor
vehicles to small children, pedestrians and pets and also the increased risks of
motor vehicular collisions (MVC's).
In fact, two such MVC's occurred in front of our home on Bissonnet Street
(3/12/12 & 3/10/17), which caused both of the struck cars to jump the curb and
plow into our front yard. Our home is close to Bissonnet Street. Both incidents
caused minor lawn and tree damage. and no human injuries occurred to the best
of our knowledge. Both of these MVC's are a matter of the public record and had
West University police reports. In addition, in the latter incident in 2017, the
struck vehicle traveled out of control from the corner of Bissonnet and West
Point, ultimately stopping 10-12 feet from the front of our home. Both incidents
occurred at night and if pedestrian(s) or bicyclist(s) had been in front of our
home, then they could have been easily injured or killed. I also recall another
1
serious MVC's in front of our home in 2013, in which a vehicle struck another
and flipped over.
Adjacent homes to ours on the south side of 4100 block Bissonnet have wooden
privacy fences facing Bissonnet and the residence, 4208 Bissonnet, which is
directly across the street has a wrought iron fence enclosing the front yard and
entrance. That wrought iron fence has been present for many years.
We are requesting a variance to allow construction of a 7' wrought iron or solid
fence to improve the safety of the future occupants and to reduce the effects
traffic noise. As a physician, it is well accepted that excessive ambient noise has
adverse health effects and is potentially disruptive to family life.
The proposed fence/wall as designed will also control access to our dwelling. In
addition, at the corner of West Point and Bissonnet, the proposed fence/wall is
curved and set back to allow clearer visibility to drivers and pedestrians. In
addition, for the safety of the mail carrier, the mailbox will be situated by the
corner West Point and Bissonnet or another appropriate location (See Rendering).
Please find the enclosed a new perimeter survey. The corners on the front of our
property have been staked and the fence will begin at or near the property line.
Prior to your inspecting the site, we will have the corner spray painted at the
curvature, which should be visible to the inspector.
In granting the variance, we also request that it be transferable to the new owner
(s), so that future construction will be in compliance with the requirements of
West University Place's Building and Standards Commission.
Kind regards,
wagir
►� . j. i rey 'd Ing• Britton, Owners
Cell: 281-513-1884
Attachments:
Current Perimeter Survey with fence line marked and proposed mailbox Fence/
wall rendering with 2 side views and one front view
Previous survey showing the house footprint in relation to property lines and
fence Aerial view
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'1'hc City of West University Place
A Neighborhood hbbo1 hood City;
NOTICE OF BUILDING AND STANDARDS COMMISSION HEARING
The Building and Standards Commission ("BSC") of the City of West University Place, Texas
("City") will hold a public hearing in the Bill Watson Conference Room of 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 January 16, 2020. 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: 4151 Bissonnet, West University Place,TX 77005
Legal Description of the Site: LT A26 BLK 19, WEST UNIVERSITY PLACE SEC C
Docket No.: 2019-0010 Applicant: Jeffrey D. & Inge R. Britton
Action Requested: Variance request of Article VII Fences Section 18-202 Prohibition in
Front or Side
Additional Details: The applicant is requesting a variance to place a fence in the front yard of
the building site which is prohibited in Sec. 18-202.
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/284Building-Standards-Commission. Any person
interested in such matters should attend the hearing.
Ifyou 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 713-662-5838 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: Clay Chew, for the BSC on December 23, 2019.
Clay Chew, Building Official, cchew@westutx.gov 713-662-5830
TOP
WORK
PLACES
3800 University Boulevard I West University Place, TX 77005 I www.westutx.gov
Villaovas Regiland JR
Anderson Noel Current Owner Laforge Robert & Suzanne
4210 Coleridge 4132 Coleridge 4134 Coleridge
Houston TX. 77005 Houston, TX. 77005 Houston TX. 77005
Wang Peter& Sandra L Nickerson David & Nickerson Ranucci Patrica & David K
4138 Coleridge Michelle 4148 Coleridge
Houston TX. 77005 4144 Coleridge Houston TX. 77005
Houston TX. 77005
Malashock Stephen & Jane
Kriegel John Charles 4139 Coleridge McGrath James & Pauling
PO Box. 1729 Houston TX. 77005 4141 Coleridge
Dickinson TX. 77539 Houston TX. 77005
Doyle Michael Nazarian Stepan & Carol Current Owner
4143 Coleridge 4149 Coleridge 4203 Coleridge
Houston TX. 77005 Houston TX. 77005 Houston TX. 77005
Current Owner Lap!ante Robert &Anne R Filippone Rosalie
4202 Coleridge 4206 Coleridge 4212 Bissonnet
Houston TX. 77005 Houston TX. 77005 Houston TX. 77005
Samuel Rachel & Thyilmapurath Nguyen Vien & Hong Nguyen Tuan &Tuyet
3844 Bellefontaine 4148 Bissonnet 13548 Beechnut#600
Houston TX. 77025 Houston TX. 77005 Houston TX. 77083
Palacios Lupe T Krenzler Frances L Parekh Dhaval R
4132 Bissonnet 4128 Bissonnet 4130 Marlowe
Houston TX. 77005 Houston TX. 77005 Houston TX. 77005
Current Owner Kaur Manpreet Love Jason B & Elizabeth G
4131 Marlowe Thind Hardeep
4137 Marlowe
Houston TX. 77005 4135 Marlowe Houston TX. 77005
Houston TX. 77005
Scott David Warren & Jean
4143 Marlowe
Houston TX. 77005