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
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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
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