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HomeMy WebLinkAbout09101990 BSC Minutes~ BUILDING AND STANDARDS COMMISSION • MONDAY, SEPTEMBER 10, 1990 MUNICIPAL BUILDING 3800 UNIVERSITY BOULEVARD 6:30 P.M. The Building and Standards Commission convened in the Municipal Building, 3800 University Boulevard, in the City of West University Place, on Monday, September 10, 1990, with the following members present: John M. Farrell, Nicholas J. Aschliman, Sharon Mathews, M. Drew McManigle, Carolyn Hodgins. Also present was Wayne Perry, Chief Building Official. ELECTION OF OFFICERS: The issue will be deferred to next month's meeting. ADOPT NEW RULES: Sharon Mathews made motion, seconded by Drew McManigle, to approve the new rules drawn by the City Attorney, Jim Dougherty. Voting Aye: John Farrell, Nicholas Aschliman, Sharon Mathews, Drew McManigle, Carolyn Hodgins Voting No: None • Absent: Philip Lewis, Barnett Gershen, Dale Reid, Margaret Williamson APPROVAL OF MINUTES: Nick Aschliman said he would like the record to~reflect the amount of legal proceedings that had already taken place, as far as the property owned by Mr. Richard Whittington at 2907 Quenby. He wanted the minutes to show that Jim Dougherty, City Attorney, did later acknowledge that his feelings that the City would have to start over with proceedings against Mr. Whittington were based on incomplete information and that it may not be necessary to begin again. It was so noted. CONSIDERATION OF PROPERTY LOCATED AT 2907 QUENBY: Mr. Perry wrote the letter that Mr. Dougherty advised him to send to Mr. Whittington, as to the new rules that the Building and Standards Commission were allowed to enforce and what his responsibilities were, as well. The letter was sent on August 13, ~990 and stapled to the back entrance of the house. Neither Mr. Whittington, nor his representative were present at the meet- ing. After a title search,it was found that Mr. Whittington owned the property and that his taxes were delinquent. On May 31, 1990, Mr. Perry signed and delivered the order to Mr. Whittington, giving the description and condition of the house, declaring it a dangerous building. Mr. Perry read the order again to the board, reminding them Mr. Whittington had sixty (60) days to oblige. On July 9, 1990, the board signed notice that he was in violation and no response has been received to this date. The city • started to take care of the problem house in 1989, and has been refused admittance into the house until a court order for a search warrant was issued. He lives in deplorable conditions, but he is not destitute. ~ Mr. Farrell feels the house is too far gone to be repaired and comply with the City of West University Place codes. Mr. Aschliman asked if the letter of August 13, 1990 was sent through regular mail or certi- fied mail. Mr. Perry said it was sent by regular mail and hand deliv- ered to the residence. Mr. Aschliman wants to be sure that any further proceedings are done by the new rules. He suggested if a spe¢ial meet- ing was needed to complete the tit12 search, prepare the necessary cer- tificates and mail to the appropriate parties, get the newspaper notice ready at that time, he would so request the city to have everything ready to proceed with vacating and demolishing the property. After the ten (10) day notice, the city would be within their rights to order that after ten (10) days. Motion by Drew McManigle, seconded by Sharon Mathews, for 1) title search, 2) drawing a final order to vacate, 3) post- ing final notices, and 4) a special session to put this into effect, carried. Voting Aye: John Farrell, Nicholas Aschliman, Sharon Mathews, Drew McManigle, Carolyn Hodgins Voting No: None Absent: Philip Lewis, Barnett Gershen, Dale Reid, Margaret Williamson After the motion was made and seconded, Mr. Aschliman said he wanted a draft copy of the order prior to the special meeting. • CONSIDERATION OF PROPERTY LOCATED AT 3112 AMHERST: Mr. Perry advised the board that the roof was put on within the sixty (60) day time limit Mr. Hollis was given, but no other required corrections have been made. He may have the order ready by the next regular meeting. CONSIDERATION OF PROPERTY LOCATED AT 4113 BYRON: Charles Oglesby, owner of the property, and Chester Labus, the builder at that jobsite, stated their situation: this block of Byron is one-way due to the city pool across the street and parking is allowed only across the street. He is allowed to build a circular driveway according to the ordinance; but, he is trying to build it with the curb buts closer together to save an elm tree on the property line. The new ordinance prohibits construction by a tree,closer than the drip line, which, on this lot, is 7'6". He would like to build the curb cuts 22' apart instead of the required 28'. Sharon Mathews read requirements for a variance that must be met. The fact that the street is one way and no parking is allowed on his side of the street does present mitigating circumstances. Carolyn Hodgins agreed there was a hardship. Nick Aschliman made motion, seconded by Sharon Mathews, that because the street is one way and it'is specifically designated that there is no parking on his side of the street, and because the city facility across the street creates excessive traffic, that the owner and builder be allowed to construct the driveway as submitted. Motion carried.~ • Voting Aye: John Farrell, Nicholas Aschliman, Sharon Mathews, Drew McManigle, Caroyln Hodgins Voting No: None Absent: Philip Lewis, Barnett Gershen, Dale Reid, Margaret Williamson • ~ U • The board took a five minute break to reconvene (and relocate) in the Conference Room instead of Council Chambers because City Council was to have their regular meeting in the Council Chambers at 7:30 P.M. The meeting reconvened at 7:40 P.M. CONSIDERATION OF PROPERTY LOCATED 6732 BROMPTON: Patricia Young, owner of the property in question, has a new home built by Lovett Custom Homes. The builder constructed a brick wall/fence that violates the front set- back requirement. The owner thought all requirements were met, as Lovett Homes told her they had taken care of everything. No opposition by neighbors or any correspondence was received;by our office. The fence violates 6-343,` which prohibits a fence on the front portion of a building site ( the area from the front street line to the front main wall of the house). This wall goes to the front property line along the side of the house, which is along Bellaire Blvd. Mr. Farrell stated that some people have been required to remove fences in violation of the rules; however, this is along Bellaire Blvd. and he under- stands the reason and need for it to built as it is, due to excessive traffic. Mr. Patrick Apel, a neighbor across the street, asked to be heard. He feels that the ordinance was written more for lateral fences that block the front of Ghe house. He feels the ordinance recognizes there are unique circum- stances and hardships along ma~or thoroughfares. He strongly feels that this fence provides a safer environment for the large number of small children on that block. It helps discourage panhandlers from coming down to the houses toward that end of the block. It also acts as a buffer from the excessive noise that Bellaire Blvd. has. His other point was that the wall was already built by Lovett Homes and the owner was unaware of the problem until Mr. Perry notified her. Other fences are along Bellaire Blvd. and he, as well as many other neighbors he represents on that block, really would like to see the fence remain. John Farrell feels that Bellaire Blvd. is enough diferent to consider an exception. If the location was anywhere else, even next door, he would not want to listen to the argument, but this location is unique in some aspects. It would be allowable to make some exceptions. Another reason for the fence restriction was for the Fire Department's sake - to allow access to the rear of lots. Mr. Farrell asked Mr. Perry if they could consider amending or making exceptions for properties along major thoroughfares, such as Bellaire Blvd. or Kirby Dr. He said it could be considered. Drew McManigle wants to send a letter to Lovett Homes to reprimand them for by-stepping the rules. Mr. Farrell agreed. Mr. McManigle made motion , seconded by Sharon Mathews, to grant the variance on the fence due to the fact that Ms. Young's home borders Bellaire Blvd. on the side of her property and security is a problem along that street; in addition, no line of sight is blocked. Motion carried. Voting Aye: John Farrell, Nicholas Aschliman, Sharon Mathews, Drew McManigle, Carolyn Hodgins Voting No: None Absent: Philip Lewis, Barnett Gershen, Dale Reid, Margaret Williamson • Mr. Aschliman suggested a separate work session to make recommendations on changes. He feels certain aspects warrant special exceptions on the ordinances. ADJOURMENT: Motion was made by Nick Aschliman, seconded by Sharon Mathews, that the meeting be adjourned. Voting Aye: John Farrell, Nicholas Aschliman, Sharon Mathews, Drew McManigle, Carolyn Hodgins Voting No: None Absent: Philip Lewis, Barnett Gershen, Dale Reid, Margaret Williamson • u