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HomeMy WebLinkAbout03052020 BSC Agenda Item 3 STAFF REPORT Business of the Building and Standards Commission City of West University Place, Texas AGENDA OF: March 5, 2020 DOCKET NO. : 2019-0010 DATE SUBMITTED: March 2, 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, Traffic Study 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. The BSC requested at the January 16 meeting that a traffic study be submitted to ensure there would not be a sight visibility issue. 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. 0<,v'lESS uNit,,, City of West University Place f APPLICATION TO THE BUILDING AND STANDARDS COMMISSION 4-,' OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS ("CITY") TEXAS iOAJ � �S .b70V 64' v5 Address of site: 4451 � S ��� , L, Legal description of the site: Applicant:--k'f r� �. 4 7N t R. TTOV Address: 451 55 OVATT.7 S? Hut t;ttyy "3-k Contact: Plaut Phone: Val- 93- 1 WM. Fax: A!/iii Email Address: ,O r-i'i'ioNi Co? IA,.. - (M 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: Variance. • Exact code of ordinance section from which a variance is requested: A.RT!c.rL�_ 0/ F--N d- a>r0 /F f 14/Iva rk) /i' .)• Exact wording of variance requested: "'StZ)L.— Other Data. Are there drawings or other data? ( )No ( )Yes (list items here and attach them) State of 1 County of 1 ii5 This instr. ent was a o I-dged before e on \7_ I 1 U 20 Ira vo M .. f wo' .04...4410410!.4.1.2.-"ff. =.= ' c ► C .ir e �� ,,TVA' ��t{ppY is0<ill. ©XA N A IA ,:n)... �c Notary Public, State of Texas ;-'..i\.i•e . Expires 01-04-2021 l'%;;;;���`� Notary ID 130949063Air My commission expires: " Lk ,--bcl k .t4, _ .�� A Notary Public *****$300 Fl ,G FEE. PRO 'I A ORIGINAL PLUS 15 COPIES (16 TOTAL)OF ALL SUBMITTALS***** lip11,1 ature of app ,�. ��•`�zi_of . Date: rj' \ For Staff Use only Date filed: I Date heard: /'/4'-2 0 Docket#: 12 (7" ()cG'/ 0 Form BSC-102 December 17, 2019 4111 City of West UniversityPlace Buildingand 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, ' s . j• 1 rey W.1-"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 • 2 r s ...„, ,, . .. ' '''',--:'-Ft:- ''\-. ' 0 , ,, w pit i / l 3 S x S d ,rF' 4.,;;,...,ix r d � - })u '''P' a 0 , . ., , , « g. . it. s ^fs � tdt t '.�E�n • /' �a %{ , er �3 � ; ;�,' "'•i4t ' f i it • .1; ,,,,,,, 2".„.. ,t___• -,i,... - 'r ' _.,t/1.:::'.01i.''''....'.:47'''''.:: .,::'..7.'.','..s•'--7-,'., . ,,-, ,,,,,,,..' „, :4'. ,,.. - , . -1,c- - I-- N.•-- . .,,,,:,,,,,,s- ..,,,. ..-... p \ . \ . . t.. , . ,..';..,, ...--....,-- ,. , ‘ 4\4. • IA,,3/4 ..,‘If . ._. . ' 0 1/4. . ,,,-.. -; .. ' `:' ' * Pr .1 -I ,-0...,-.,... —k.. ..m., 1:`,7 t, .- , ' . . 1 , - : ,.....----- I.,,, .•""'• IX ...- . i .. - . t - • , . I ' • . :IN...„,,, - . 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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/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 713-662-5838 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 West University Place, TX 77005 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 Patrice & David K 4138 Coleridge Michelle Houston TX. 77005 4144 Coleridge 4148 Coleridge Houston TX. 77005 Houston TX. 77005 Kriegel John Charles Malashock Stephen &Jane 4139 Colerid a McGrath James & Pauline PO Box. 1729 g 4141 Coleridge Dickinson TX. 77539 Houston TX. 77005 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 Laplante Robert&Anne R 4202 Coleridge Filippone Rosalie 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 Houston TX. 77005 4135 Marlowe 4137 Marlowe Houston TX. 77005 Houston TX. 77005 Scott David Warren & Jean 4143 Marlowe Houston TX. 77005 Clay Chew From: Steve Malashock <sjshock@aol.com> Sent: Tuesday, January 7, 2020 8:40 AM To: Clay Chew Subject: 4151 Bissonnet Dear Mr. Chew, Thank you for sending us the notice regarding the building and standards commission hearing. My wife and I appreciate getting the notice which advises us of the variance being requested to put a fence in the front yard. We are not sure we will be able to make the meeting, but would like to pass along our concern for adding a fence. Everyone using the intersection of West Point and Bissonnet knows how difficult that intersection is to make a turn onto Bissonnet. The fence on the left (west side) already poses a sight problem when stopped at the intersection. One has to cautiously move forward to see if there is any eastbound traffic on Bissonnet. Our fear, if this variance is approved, that it will become that much more difficult to see the westbound traffic due to the fence. As traffic continues to increase along Bissonnet it is becoming increasingly more difficult to merge onto it. Adding the fence will compound the problem because it will interfere with the line of sight. That makes this much more dangerous for all at that intersection. Our opinion is the variance should not be granted because it is not only not in the community's best interest but it also creates a safety hazard. Respectfully, Jane and Steve Malashock 4139 Coleridge 1 Clay Chew From: Dick <reyehle@comcast.net> Sent: Wednesday,January 15, 2020 1:08 PM To: Clay Chew; Bruce Beneke Subject: 4151 Bissonnet Variance Request West U Building and Standards Commission: I wish to comment on the request to allow a fence in the front yard of 4151 Bissonnet and to assert that I am strongly opposed to the request. I cannot attend the meeting, hence will offer my thoughts below. West U has always protected the appearance of front yards in terms in terms of closely defining a front-yard and limiting (forbidding) virtually all construction in that area. West U has also vigorously managed fences to protect sightlines and to guard against "stockaded" houses. It has even adopted an IBC code mandating that every house have its street address displayed near the front door in such a manner that the number is visible from the street. This request is contrary to all of those standards. I can understand why the applicant wishes to shield their house from a busy street, but the street was there when the house was purchased with no substantial changes to the traffic pattern. Furthermore, although BSC decisions on variances do not set precedents, approving this application could cause similar requests from other houses facing Bissonnet, Kirby, Holcombe and even Buffalo Speedway. It could lead to an undesirable change in the nature and appearance of our community. Regards, Dick Yehle 67401 Rutgers Ave. TECHNICAL MEMORANDUM 4151 Bissonnet Street Sight Distance Technical Memorandum DATE: February 17, 2020 TO: Clay Chew, Chief Building Official City of West University Place COPY TO: Dr Jeffery Britton and Ms Gayle King FROM: Roma G. Stevens, PE, PTOE, President, Stevens Technical Services, Inc. FOR MORE INFORMATION: Name: Roma G. Stevens, PE, PTOE, Phone: (713) 724.5870 Email: roma@stevens-technical.com Cf N\ ROMA G. STEVENS r.. 100354 • 4 tIt'i2Xr44ij (6.cENs���\�ir Roma G. Stevens, PE February 17, 2020 Stevens Technical Services,Inc. February 17, 2020 Introduction: Dr Jeffery Britton, owner of single-family home lot located at 4151 Bissonnet Street has applied to the City of West University Place for the construction of a fence/wall to mitigate the noise impacts and improve the safety of home. Lot 4151 Bissonnet Street is located on the southeast corner of Bissonnet Street at West Point Drive(see Figure 1). Prior to application approval, City of West University Place has requested that a sight distance study be completed to ensure that constriction of wall will not infringe upon the relevant sight triangles for intersection of Bissonnet street and West Point Drive. Stevens Technical Service, Inc. (STS)was tasked to review the available intersection sight distance to the east of the study intersection,provide a line of sight on an existing and available survey of the 4151 Bissonnet Street, so that wall/fence is designed to be behind the line of sight. ' " ' , iiiiiirik e° . 00:1 . 4151 Bissonnet q • • • ti's a 11 y4 V L-pl ' ti` "` • — . ,..? , , .,,v, : iir. _ ..i.: q : '°tee, °T` Figure 1. Sight Distance Study Location Stevens Technical Services,Inc. February 17, 2020 Existing Conditions: Bissonnet Street is minor arterial that runs northeast-southwest and consists of 2 lanes of travel in each direction in addition to a Two-Way Left-Turn Lane (TWLTL). West Point Drive is a minor collector, consist of one lane of travel in each direction and runs north-south and intersects Bissonnet Street. The T intersection of Bissonnet Street at West Point Drive is controlled by a stop sign at the approach of West Point Drive. The speed limit on Bissonnet Street is 35 mph and the limit on West point Drive is 30 mph. Proposed Wall/Fence Description: The proposed wall consists of a 7-feet block fence along Bissonnet Street. The wall is proposed to curve at the corner of Bissonnet Street at West Point Drive and attaches to a 6-feet wrought iron gate along West Point Drive as shown in Figure 2. x • 3.5'Front Gate .. T Height - Moil ,u ....• . -- Curved Wrought _ _ . on fence g Height - r Figure 2. Proposed Wall and Gate at Site Location Intersection Sight Distance: Maintaining adequate sight distances at roadway intersections improves safety and reduces the possibility of vehicular conflict. Therefore, it was important to calculate the availability of required sight distance to the east of the study intersection where the proposed wall is to be built. Stevens Technical Services,Inc. February 17, 2020 TxDOT Roadway Design Manual refers to AASHTO's A Policy on Geometric Design for Highways and Street for calculating and providing appropriate sight distance at intersections for safe operations. The study intersection is a T intersection with stop control on West Point Drive (the minor road). Normally an intersection sight distance study for a T-intersection requires developing two sight triangles—one for making a left turn from minor road and second for making a right turn from minor road. However, since the proposed wall is on the right side of the minor road approach, the only relevant sight triangle is for Case B 1: making a left turn from the minor road. For major street with 4 lanes of travel and TWLTL and speed limit of 35 mph, a passenger vehicle will require a sight distance of 440 feet. The vertical and horizontal position along the minor road approach from where this sight distance is measured is the expected position of the driver making the maneuver(3.5 feet high and 14.5 feet from the edge of the roadway). STS engineers visited the study location on February 7, 2020 and verified that required sight distance of 440 feet to the east of the West Point Drive is available in the existing condition. Figure 3 shows the required and available intersection sight triangle for making a left turn from minor road at the intersection of Bissonnet Street at West Point Drive drawn on an existing survey of the 4151 Lot. The survey used in Figure 3 was completed by Arthur Land Surveying and provided to STS by Dr Britton. A rough rendering of the proposed wall provided by Dr Britton is shown in Figure 4. Based on Figure 3 and Figure 4,proposed wall shown in Figure 4 will not obstruct intersection line of sight for West Point Drive to the east. Stevens Technical Services,Inc. February 17, 2020 ) Csirz/ Z:1 i* 7 ( i2, § �| , $ | §k r | b I i| '' \ . 2 . k § . en�` n I ) § k % E * b�1 ; || 2 , ® ! H I. it t § , on Na S V ) �� ` � ® \\\ �% �A � | � „ , 11 na 4401 . 11110d ISall k / I 0 N 0 N t` 1 w 41 1111 PI / A 61,,,-4(Iiih. 1 . yid0 c '�� � ;�� i '! 1■ii D e r &° i 1 hip,' 145 I filij[}Hh1giI x i 1 CieeS PJ1i1 C` 'lf.i PAP Al btu lisF• 111 , ill!!! v=41. 11 4 ' lily iiiiiiinqi IS 'go-. GN •u '^ I e Z 4hv W 1+ W ,i,..> ON i � glg F W J $ as d u 2 i, Cl) i ��_ m ,IJ s U Y vl - S t -. .>.- Jao G MN Q til 1I Lr I ci C•r N :Ed O I c4.,:, O Z 4a ( L. '-:,,&- � J S00°00'00"E 120.OQ' °i•rya v�'i\s° oG 1 U` ``- v W m U ^�, 3Yt �',, m (�N �1 r N ---7.- szw, w i id( •w 0 \` V �\V \ oke \ N.°. a o�'Y LL wu O 6 1 IIIV ,< o> I V' C3�O \\ U'^LL 4, I iZ �Mh. ek tZ ce `\\\ 4' i Di rc- 6 41 i - 3a ( . i $ a z` s - (mvAalnoe NOIMI VD vllv) l i e (MON AL) c __- _Z— �—" ILNIOd ,LSalki 1111 4 4 74 V .Y V F L' V V h Conclusion and Recommendation A wall is proposed to be built adjacent to a residential property on the southeast corner of Bissonnet Street at West Point Drive for safety and noise reduction purposes from adjacent traffic. Intersection sight distance to the east of the study intersection was calculated and verified to be available in the field by STS engineers. A line of sight towards the east of the intersection was superimposed on a survey of the 4151 Lot provided by Dr. Britton. Based on the survey, existing field conditions, and proposed wall rendering provided by Dr. Britton,proposed wall/fence will not obstruct the intersection sight towards the east. Stevens Technical Services,Inc. February 17, 2020 4 F F N' F J thi C 41 , f . ,. t. .., . . .. , 47, d �6° (-1 O sa S 1 5 `° jet c Ag y 5�4 4/ a W,t 1,4 dam ..4 , aM s1; 1.; sz wi 9z wi IN A 4 \ , Fg ":. 11 0/: ifi n � r� 1 7�a� LNIOd .L 1M