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HomeMy WebLinkAbout10082020 ZPC Agenda Item 5 Page 1 of 3 City of West University Place Zoning and Planning Commission Meeting DATE: October 8, 2020 Agenda Topic: Residential street side yards adjacent to front yards. SUMMARY: The City Council has requested the Zoning and Planning Commission to examine street side yard setbacks and fencing locations when adjacent to a residential front yard. STREET SIDE FENCING AND ADJACENT FRONT YARDS: A street side fence can be located at the property line, except for rotated lots within the SF-1 District. This can create a visibility issue when a driveway is close to the property line of an adjacent street side yard (See Exhibit 1).An important note is that the existing home has a circular driveway,whereas the under- construction home has a typical driveway. Exhibit 1: Front- and ad'acent to street side and a #a@* �. Front Yardk- ,44, Street i Atii-17 J.0:4,1*'4., Aki:r. i "a ' Yards .�..,._ ger" 1.ti� 4.- .. s 1Rear fenceit, i � :01*-',.,„ /� } 1 _.,ems "" ""'�. '. .s,�_ * R pr :0:114.4.?_,.,,,:,''.;,- , yam, J u Jr ve � ,,�.+ p �A t y - '+4 410,14 ..**4' Gooa{e SIGHT VISABILITY REQUIREMENTS FOR DRIVEWAYS: The City has driveway visibility triangles, which extend five (5') feet from behind the back of sidewalk and where the driveway meets.In the case in Exhibit 1,this fence does not violate the driveway visibility triangle found in the Urban Forest Preservation and Enhancement Chapter. Urban Forest Preservation and Enhancement Excerpt: Sec-82 — Driveway Visibility Triangles "Driveway visibility triangle means the area within a triangle beginning at the intersection of the edge of a driveway and the inside edge of a sidewalk (i.e., the edge farthest from the Page 2 of 3 City of West University Place Zoning and Planning Commission Meeting roadway). From the intersection point, the first side of the triangle extends five feet inward (away from the roadway) along the edge of the driveway, the second side of the triangle extends five feet along the edge of the sidewalk away from the driveway, and the third side is a straight line connecting the extended ends of the first two sides. If there is no sidewalk, the building official shall designate the probable location of a future sidewalk, which shall then be used as if it were an existing sidewalk. A typical driveway will have two such triangles, one on each side. The visibility triangle may include both public and private property. The building official may prepare example diagrams showing driveway visibility triangles." DISCUSSION OF SETBACKS IN THE SF-1, SF-2,AND SF-3 DISTRICTS: The SF-1, SF-2 and SF-3 Districts allow a minimum of five(5')foot setbacks to 10%of the lot width for the street side setback. The City of West University Place also has regulations for rotated lots in the SF-1 District. These regulations require a minimum of ten (10') feet street side setbacks and are increased based on the width of the building site, for a maximum setback equal to the front-yard setback(See Zoning Ordinance Excerpt below).Although this only applies to one zoning district, and only a few lots,this regulation can be applied to other districts or something similar. Staff does not recommend this approach because one of the main issues in increasing the street side setbacks is that, for smaller lots, it will decrease the buildable area and create non-conforming properties. Zoning Ordinance Excerpt: Table 7-2: Yards—Note 3 "Note 3. Rotated Corners. For rotated corner building sites (SF-1 District only), the minimum side street yard width is: (i) 10 feet if the building site width is 65 feet or less, (ii) 10 feet plus the distance by which the width of the building site exceed 65 feet, if the building site width is more than 65 feet but less than 75 feet, (iii) 20 feet if the building site width is 75 feet or more but less than 100 feet, or (iv) for building sites 100 feet wide or more, the side street yard width is determined by the same rules as the front yard depth, except that the "depth" of the building site is measured from the side street line." DEED RESTRICTIONS AND SETBACKS: The City of West University Place does not enforce deed restrictions. It is possible for the City to adjust the setback requirements for certain subdivisions that have increased setbacks. This step would ensure that subdivisions have setbacks as originally intended. • POSSIBLE AMENDMENTS: The City has many options to lessen conflicting side- and front- yards.Alternatively,the ZPC can recommend no changes and understand that this situation is rare. 1. Modify Fencing Regulations a. Modify the fence street side setbacks to either three(3')or five(5')foot setback adjacent to front yards. This would provide a small distance from the property line for fences that are six to eight(6'- 8') feet tall. b. Allow differing materials for street side fences adjacent to front yards. i. At the property line, fences thirty-six inches(36")and under,or if the fence Page 3 of 3 City of West University Place Zoning and Planning Commission Meeting is over thirty-six inches (36") it must be visibly open. Fence at the heights allowed under Chapter 18-200 can be located at feet from the property line. c. Amend the fencing regulations to not allow street side yard fences at the property line. i. Require the fence to tie-in to residential structure, similar to SF-1 rotated lot regulations. "Note 11.Rotated Corner Fences.Notwithstanding any other provision of this ordinance or any other ordinance, no fence is allowed in the side street yard of a rotated corner building site (SF-1 District),except for temporary construction fences required by Chapter 18 of the Code of Ordinances." 2. Setback Adjustment for street side lots adjacent to a front yard. a. Increased corner-side setbacks to match or be similar to those in the SF-1 rotated lots. i. This would increase legal,non-conforming properties and would negatively affect smaller parcels. Staff recommendation: Staff recommends discussion of topic. WILSON CRIBBS + GOREN 2500 Fannin Street 713.222.9000 main Houston, Texas 77002 713.229.8824 fax rwiIson(c wcplaw.corn 713.547.8504 direct September 18, 2020 Via Email: bhi_gley(d7westutx.gov and First Class Mail Mayor Bob Higley City of West University Place 2800 University Boulevard West University Place, Texas 77005 Via Email: dbeach d?,westutx,gov and First Class Mail David Beach, City Manager City of West University Place 2800 University Boulevard West University Place, Texas 77005 RE: Unsafe condition at 6318 Rutgers Avenue/3301 University Boulevard likely to endanger persons or property Dear Mayor Higley and City Manager Beach: Our firm represents Hugh and Pamela Tanner, long-time West U residents at 6318 Rutgers Avenue. This letter concerns an unsafe condition allowed by the City by permitting the placement of a solid fence along the boundary between these two properties, which fence extends all the way to the west right-of-way line of Rutgers Avenue. This fence, in its current state, is in violation of City Ordinance and public safety. Attached are various recent communications from the Tanners to the City which painstakingly detail the history and the current circumstance. These communications clearly and unequivocally demonstrate a legitimate public safety hazard. This issue is not simply about the impact on the Tanners, but potential injury to the public. We have retained the services of Peter Boecher, an experienced and qualified land planner, to assess the situation. Enclosed is Mr. Boecher's opinion that the fence creates a safety hazard and is a nuisance. This determination is consistent with that of the City's own Building Inspector, Michael Ramirez. September 18, 2020 Page 2 Before a Certificate of Occupancy is issued by the City for 3301 University, the fence between the two driveways exiting Rutgers Avenue serving these properties must either be removed or replaced with a wrought iron fence. As a home rule city, the City has authority to require this removal, including specific authority under TEx. Loc. Gov'T CODE CH. 214. MUNICIPAL REGULATION OF HOUSING AND OTHER STRUCTURES. Subchapter A. Dangerous Structures contains the following provision: "Sec. 214.002. REQUIRING REPAIR, REMOVAL OR DEMOLITION OF BUILDING OR OTHER STRUCTURE. (a) If the governing body of a municipality finds that a building, bulkhead or other method of shoreline protection, fence, shed, awning or other structure, or part of a structure, is likely to endanger persons or property, the governing body may: (1) order the owner of the structure, the owner's agent, or the owner or occupant of the property on which the structure is located to repair, remove or demolish the structure, or the part of the structure, within a specified time; or (2) repair, remove, or demolish the structure, or the part of the structure at the expense of the municipality, on behalf of the owner of the structure or the owner of the property on which the structure is located, and assess the repair, removal, or demolition expenses on the property on which the structure was located." (emphasis added) This situation is unsafe and is likely to endanger persons or property, as substantiated by Peter Boecher's report (and Building Inspector Ramirez's earlier statements to my clients). The City has clear authority under TEx. Loc. GOv'T CODE Section 214.002(a). Please exercise the City's authority. Failure to do so permits the continuation of an unsafe condition which is likely to endanger persons or property. Very truly yours, WILSIN, CRIBB erRE P.C. "eid C. I - ~~` RCW/dms Enclosures September 18, 2020 Page 3 cc: Clay Chew Via Email: cchew(cwestutx._gov Chief Building Official Alan Petrov Via Email: apetrov(a�johnsonpetrov.com City Attorney Hugh and Pamela Tanner Via Email: HTanner(a winston.com E H RAMKNo.F-726 IBM No.10092300 ENGINEERING THE FUTURE SINCE 1936 September 17,2020 Mr.Reid Wilson Wilson Cribbs + Goren 2500 Fannin Street Houston,Texas 77002 Re: 6318 Rutgers Avenue and 3301 University Boulevard City of West University Place Driveway,Sidewalk,and Street Conflict with Fence for 3301 University Drive EHRA Project No.201-069-00 Dear Mr. Wilson: Per your request,I have inspected the two(2)properties referenced above on September 12,2020,with regard to the existing driveways at 6318 Rutgers and 3301 University and the new fence at 3301 University which is located between the two (2)driveways. The two (2) parallel driveways both intersect Rutgers with the rear property line for 3301 University also being the side property line for 6318 Rutgers. I inspected the sites from several angles to consider the impact from the presence of the 3301 University fence. The solid wood fence has been constructed along the rear property line and extends almost to the edge of the public sidewalk along Rutgers. The 6318 Rutgers driveway and the 3301 University driveways are typical residential driveways in standard locations connecting the street to a residential garage. The edge of the 6318 Rutgers driveway is set back approximately 6'from the side property line and fence. The edge of the 3301 University driveway is set back approximately 5'from the rear property line and fence. You have asked my opinion,as an experienced Land Planner,regarding the impact on the operation of the 6318 Rutgers driveway,the 3301 University driveway,and the Rutgers Avenue sidewalk from the existence of the 3301 University fence. I am familiar with proper land planning,including the interaction of private drives,sidewalks,and visual impediments. Beyond my educational credentials,I have advised various governmental bodies on a broad array of land planning issues relating to vehicular and pedestrian circulation and safety. For nearly 20 years,I have been the Land Planner for the City of Southside Place,Texas,which is very similar to the City of West University Place,where these properties are located. Currently,I am also working on new residential subdivision design standards for Harris County. EHRA Engineering 10011 Meadowglen Lane Houston,Texas 77042 t 784 4500 f 713.784.4577 EHRAinc Mr. Reid Wilson Wilson Cribbs + Goren Page 2 To further inform my decision,I have reviewed the Comprehensive Plan for the City of West University Place. The following provisions are relevant: • The City is committed to being a safe community. • The City's senior population is increasing with a higher percentage than all of Harris County. • The City seeks to"...encourage the separation of pedestrian and vehicular traffic in the existing roadway system and safe walking and biking practices." • The City is committed to providing and maintaining a"...pedestrian-friendly environment." It is my opinion that the existing conditions are unsafe and create a clear nuisance. The danger is twofold: 1) to all users of both driveways,and 2)to the public traveling on both the Rutgers Avenue street and its westside sidewalk. Due to the fence,any vehicular driver backing out of either driveway cannot see a pedestrian,child's stroller,or leashed pet traveling on the sidewalk until after the vehicle has encroached into the sidewalk. Because the driver exiting the 6318 Rutgers driveway cannot see around the fence,he or she may also run into a vehicle traveling southbound on Rutgers. Because the driver exiting the 3301 University driveway cannot see around the fence,he or she may run into a vehicle traveling northbound on Rutgers. The public is at even greater risk,as pedestrians and vehicles traveling either direction are endangered due to the lack of appropriate sight lines. The issue here is similar to a street intersection where vegetation or structures can block driver and pedestrian views at a corner. The lack of adequate visibility impairs safety. Sincerely, ii:/t 1;4'2-- Peter Boecher,CRE,AICP Senior Planner PB/sf EHRA EHRA Engineering 1 10011 Meadowglen lane 1 Houston,Texas 77042 I t 713.784.4500 C F 713.784.4577 ENGINEERING THE FUTURE SINCE 1936 W I N STO N 800 Capitol St.,Suite 2400 Houston,TX 77002-2925 &STRAWN T+1 713 651 2600 North America Europe Asia F+1 713 651 2700 LLP HUGH E.TANNER Partner 713 651 2616 HTanner@winston.corn September 16, 2020 Mayor Bob Higley City of West University Place 3800 University Boulevard City of West University Place, Texas 77005 Via E-Mail Attachment (bhigley@westutx.gov) Re: Impermissible Safety Hazard — 3301 University Boulevard Fence Dear Mayor Higley: On September 8, 2020, West University Place City Manager Dave Beach wrote an e-mail to me in which he correctly set forth the two-part analysis to be applied in evaluating the propriety of the location of a fence in the City of West University Place. Mr. Beach stated: Regarding the fence, one issue is whether the fence is code compliant and the second issue is whether this fence creates a safety issue, etc. September 8, 2020, 7:04 p.m. E-Mail from Dave Beach to Hugh E. Tanner. This two-part test proffered by Manager Beach was the very same test applied by West University Place Building Inspector Michael Ramirez on two separate onsite visits during April 2020 to determine and confirm that the 3301 University Boulevard fence could not run to the east property pin as the new owners of that property proposed. Inspector Ramirez's onsite visits were made at the Tanner's request. On April 27, 2020, during the second of his two onsite visits to 3301 University Boulevard, Inspector Ramirez provided a detailed explanation about the authority and the responsibility the City of West University Place had to prevent and remove unsafe conditions created by otherwise code compliant fences. West University Place residents Joy Welsh, Angy Groen, Pamela Tanner, and I were present for Inspector Ramirez's entire presentation. Inspector Ramirez demonstrated in great detail for the four residents, stepping off where the 3301 University fence must be located in order to address issues of safety, wind flow, and visibility. Summarizing his presentation, Inspector Ramirez made an unequivocally blunt statement to the four residents: "This fence will not be built." Referring to the fence constructed by the previous owners of 3301 University Boulevard which, at that time,was still standing, Inspector Ramirez told the four residents that the new owners' fence should go no further east. The previous owners' fence stopped at the east building line. A short time later, while Inspector Ramirez was still onsite, West University Place Chief Building Official Clay Chew had a telephone conversation with the builder who was demonstrably animated following WINSTON September 16, 2020 &STRAWN Page 2 LLP receipt of the fence news from Inspector Ramirez. Inspector Ramirez was directed to join the call with CBO Chew. Inspector Ramirez was then forced to retract his detailed explanations and unequivocal determination regarding the safe location of the 3301 University fence. Recall, Inspector Ramirez had proffered his explanation and determination just moments before to the four residents and to the Tanners, once before earlier in April 2020. Inspector Ramirez, visibly humiliated, returned to the area where the four residents were waiting and reported that he had been summarily overruled by CBO Chew. The four residents were stunned and openly questioned the strange events we each had just witnessed. Inspector Ramirez then called me from his car as he left the building site to apologize for the about-face that had been forced upon him. Mayor Higley, you have had an opportunity to interview at least three of those residents yourself. All four witnesses have confirmed these events in exacting detail. I then went inside my home and wrote CBO Chew about the reversal employing the same phrases that had been used by Inspector Ramirez as to why the fence could not be built to the Rutgers Avenue sidewalk: They [the owners] have just announced that they are going to build a wooden fence all of the way to the sidewalk. This has to stop. This will be a visibility, SAFETY, wind and airflow nightmare. April 27, 2020, 1:02 p.m. E-Mail from Hugh Tanner to Clay Chew. In his e-mail response, CBO Chew denied the existence of the second part of the test employed by Inspector Ramirez and most recently explained by Manager Beach stating: They [the owners] are allowed to build a fence to their side property line (wood or iron) and there is nothing I can do to prevent it. April 27, 2020, 1:15 p.m. E-Mail from Clay Chew to Hugh Tanner, emphasis supplied. Then, oddly, CBO Chew added: There are other examples of this exact situation in other areas of the city. April 27, 2020, 1:15 p.m. E-Mail from Clay Chew to Hugh E. Tanner. Pamela and I were, admittedly, confused by his statement regarding the"examples of the exact situation". If, as CBO Chew stated, owners are "allowed to build to the side property line", what possible difference would the existence of "other examples" make? Indeed, as CBO Chew described it to us, he had no discretion in fence location ("there is nothing I can do to prevent it'). I suspect there was an awareness that the second part of the test, the safety analysis, should have been applied as Inspector Ramirez had done and as Manager Beach has articulated and a hope that the possibility of supposed examples would dissuade the Tanners from pursuing the matter further. Nevertheless, I asked CBO Chew to please provide addresses for his "examples of this exact situation". April 27, 2020, 1:53 p.m. E-Mail from Hugh Tanner to Clay Chew. WINSTON September 16, 2020 &STRAWN Page 3 LLP CBO Chew provided the following seven addresses: 2803 University 2927 University 3401 University 6502 Sewanee 2803 Carnegie 6545 Buffalo Speedway 5804 Auden April 27, 2020, 3:11 p.m. E-Mail from Clay Chew to Hugh Tanner. However, as you have seen from your own personal review Mayor Higley, those seven properties offered were in no manner whatsoever "examples of this exact situation." The events above occurred in April 2020 before the new fence was constructed at 3301 University Boulevard. Pamela and I took the affirmative steps to bring our safety concerns to the attention of the West University Place Building Department to prevent the new owners from incurring unnecessary expense in constructing and then removing an unquestionably unsafe fence. Most recently, following construction of the new fence, we reached out to you because our worst fears of an impermissible blind spot had been realized. Without going through each of the recent events of which you are well aware, one simply cannot be left unaddressed. Pamela and I were flabbergasted when you reported that a West University Place Official, on two separate occasions, suggested that the solution for the blind spot created by the recently constructed fence would be for the Tanners to no longer exit our home of 30 years from the driveway we have used for decades. "Offended" in no way describes the extent of our feelings about this callous retort. "Ashamed" and "Disgusted" hopefully describes Manager Beach and your feelings as our community's leaders. My wife Pamela and I are 30 year residents of the City of West University Place. We have lived at 6318 Rutgers Avenue during that entire 30-year period. Pamela and I raised our two children here.As President of West University Little League, I conceived, designed, raised the funds, and worked with the former CBO to build the amazing buildings, fields, automated message board, and esplanade that form our city center at University and Auden. Pamela and I were always proud to live in and help better"West U". Sadly, we do not feel that way now. Indeed, Pamela and I could never have imagined the treatment we have received from the West University Place Building Department. I ask you to draw your own conclusions as to the motivations behind the events discussed above. We, most certainly, have drawn our own as have our many friends and neighbors. As I believe you are aware, Pamela and I some time ago retained Real Estate Attorney Reid Wilson to represent us in this matter. Mr. Wilson will be in communication with you and others later today. Mr. Reed will also provide the report of the expert that he has retained to opine on the safety hazard that now exists at the exiting driveways of both 6318 Rutgers Avenue and 3301 University Boulevard. This report is being offered to assist the City of West University Place in the crucial second leg of the two-part test articulated by Manager Beach. Let's pause, however, for a moment before the City of West University Place and the Tanners reach points from which we cannot return. The City of West University Place still has the opportunity to reach the WINSTON September 16, 2020 &STRAWN Page 4 LLP correct decision and return to the original position articulated by Inspector Ramirez and remove the very dangerous safety hazard that exists at the southeast corner of 3301 University Boulevard. As we have repeatedly warned, at some point a resident or a pet will be seriously injured or killed because of that wholly unnecessary and easily correctable blind spot. Thank you for your consideration. Sincerely, Hugh E. Tanner cc: City Manager Dave Beach City Attorney Alan Petrov Attorney Reid Wilson Ms. Pamela Tanner