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City of west University P1aee
A Neighborhood Ci
BUILD~NG & STANDARDS COMMISSION
Bill Watson Conference Room, Municipal Building
3800 University Blvd, Houston, Texas 77005
MEETING MINUTES
December 6, 2001
6:00 p.m.
I. MEMBERS PRESENT: James McDaniel, James Collier, David Kehn, Les Albin,
Darryl Friday, Patrick O'Donnell, Jorge-Jimenez-Marcos
(arrived at 6:10 p.m. on agenda item #6), and Muddy
McDaniel (voting)
II. MEMBERS ABSENT: Bryant Slimp and Council Liaison: Bill May
III. STAFF PRESENT: Dennis Mack, Neslihan Tesno and Sallye A. Clark
Agenda Item
Discussion
Action
1. Call to Order. None. James McDaniel called the meeting to order at
6:05 .m.
2. Citizens who wish to be None. None.
heard.
Citizens who wish to None. None.
address agenda items.
4. Designation of voting None. James McDaniel stated per the alternate voting
members. schedule that Muddy Mc Daniel is the voting
member for the meeting as Jorge Jimenez-
Marcos is not present.
5. Approval of Minutes. The minutes of the October 4, 2001 meeting. Les Albin moved to approve the minutes from
the October 4, 2001 meeting as amended.
Muddy McDaniel 2nd. Ayes: James McDaniel,
James Collier, David Kehn, Les Albin, and
Muddy McDaniel. Motion passed. Minutes
approved.
6. Zoning and Planning Charles Nelson, Zoning and Planning Presiding No action was taken.
Presentation. Officer gave an overview of the list of Goals and
Objectives for the Zoning and Planning
Commission for the current term. The following
are the topics in the order as they were discussed:
Lighting Ordinance, Sign Ordinance,
Drainage/site Plan, Visibility Triangle, 80%
Framed Area, City Property, Sidewalks and curb
cuts, Historical stock, Comprehensive Plan Kirby
Corridor, Chapter 20 Subdivision, Enforcement
of Existing Ordinances, Prior Non-Conforming
status of Existing Ordinances and Landscaping
Entranceways into West University Place.
Charles Nelson requested that the Building
Standards Commission look at the list of topics
and choose some they are interested in and sign
up as liaisons of the BSC to work in conjunction
3800 University Boulevard • West University Place, Texas 77005-2899 • 713.668.4441 • www.westu.org
Building Standards Commission Meeting Minutes
• Page 2
with the Zoning and Planning Commission and
attend the meetings. He explained that the
meetings that take place for the various
subcommittees for these topics are not held the
same night as the regular Zoning and Planning
Commission meeting. Charles stated that he
would get with Jim McDaniel later to find out
who would like to be on subcommittees. He also
stated that it was acceptable for BSC members to
sign up for topics that were not overlapping
topics in conjunction with Building and Standard
Commission goals and objectives.
Jim McDaniel asked that the Building and
Standards Commission members look over the
list and be ready to sign up for topics they have
interest in at the next re lar meetin .
7. Appeal Hearing. Call to Jim McDaniel called the appeal hearing to order
order @ 6:42 p.m.
7. Appeal Hearing. Matters Jim McDaniel identified the parties involved and Jim McDaniel, Chairman administered the oath
Cont'd relating to an appeal hearing they are as follows: Sigmund Horvitz, 3734 to all parties involved and witnesses.
of a formal decision made Sunset, David Marks, 3737 Albans, Dennis
by the Building Official Mack, Chief Building Official and a witness,
about the swimming pool Mrs. Horvitz, 3734 Sunset.
waste water system at 3737 Mr. Sigmund Horvitz, applicant and resident at
Albans Street. 3734 Sunset gave a presentation, reading the
Adjournment. ordinance that is involved with this matter which
he stated was in Chapter 6, Buildings and
Development, Subchapter H., Swimming Pools,
Section 6.564 Plumbing Matters (b) Wastewater
shall be discharged to a storm sewer when such
is available. If none is available, special
permission is required to discharge into the
sanitary sewer. Where space and conditions are
such that no hazard, nuisance or unsanitary
conditions may occur, swimming pool
wastewater may be used for irrigation or
subsurface spreading. In all cases, sufficient area
shall be provided on the premises for the
subsequent installation of disposal facilities. No
other method shall be used unless specifically
approved by the Building Official. Mr. Horvitz
'x '
Building Standards Commission Meeting Minutes
• Page 3
stated that he felt the important word was "may."
and that he has submitted documentation that he
feels shows that hazard, nuisance or unsanitary
conditions may occur, if the homeowner at 3737
Albans is permitted to continue with the
arrangements he has made for discharging his
wastewater from his swimming pool. He is .
asking that the ChiefBuilding Official's decision
to be repealed.
David Marks, 3737 Albans stated that he faxed
over to Ms. Clark today a memo that outlines the
facts. The plans were approved by the City in
1996, passed all inspections, a Certificate of
Occupancy was issued in March, and he has been
operating it as a discharge for backwashing the
filter. It spreads the water on the ground, and
irrigates the foundation. Mr. Marks assumes the
system was set up that way, as it was the
requirements of the City. He did not design or
build the system and the only instance that he
was ever concerned was during Tropical Storm
Allison. Mr. Marks was concerned that there was
no more holding capacity in the pool so he ran
about an inch of water out of the pool so that it
would not overflow. The water flowed towards
Sunset, down the side of his yard and Mr.
Horvitz's driveway due to the ground being so
saturated from the rain. Any other time the water
is discharged, it is saturated into the ground. Mr.
Marks stated he spent approximately fifty dollars
buying fittings and flexible pipe so that when the
backwash is done it will distribute the water over
a wider area in his own yard.
Dennis Mack, Chief Building Official passed out
a copy of the "Management Practices for the
disposal of chlorinated water from swimming
pools and hot tubs." Mr. Mack stated that he had
an inspector to investigate the property in
question by the request of Sigmund Horvitz who
filed a formal complaint. After the investigation,
Dennis Mack completed a formal decision that
the waste water system installed at 3737 Albans
was in accordance and compliance with Chapter
6, Section 6.564 and was approved. Mrs.
Horvitz, at 3734 stated that she was a witness to
the day of the storm that the water was
discharged and it was a tremendous gush of
water into the side of her garage as high as the
garage. She would like to see that something be
attached to this pipe so that it can be directed to
• Building Standards Commission Meeting Minutes
Page 4
discharge towards Albans and not in her yard.
Mr. Horvitz gave a final statement that he was
told by an inspector that the City approved a
Swale that ran around the pool house and that
over time the Swale has filled in and no longer
performs it's functions. 1VIr. Horvitz feels that the
swale should be redone, but does not feel that it
will Help with the flooding of his yard due to the
water coming out with such force.
Jim McDaniel called the evidentiary portion of
the hearing closed at 7:10 p.m. It was decided by
the Commission that deliberation would take
place now and decide what to do. Les Albin
tried to make clear that the current condition, that
there is an attachment and a hose that is used to
direct the flow of water on to the property at
3737 Albans where the pool is located and not
that of the neighbors property at 3734 Sunset. In
addition, it was stated by Patrick O'Donnell that
Mr. Marks has agreed to attach the valve
manually to direct the flow of water into his own
yard and this complies with the Building Official
requirements. Les Albin stated that ifMr. Marks
fails to do what he has agreed to do that he could
be subject to a lawsuit by his neighbor, but that is
a Civil matter and the City has no involvement in
that. At 7:25 p.m. after deliberation by the
Building Standards Commission, Jim McDaniel
stated that no motion was made to repeal the
decision of the Building Official, therefore
deliberation was closed and the Commission
moved on to the next agenda item.
8. Matters relating to the Dennis Mack, Chief Building Official gave a No action taken.
review and discussion of brief overview of Senate Bill 5 and asked the
Senate Bill 5 and how it Building and Standards Commission if they are
could affect the City of interested in doing an energy audit and to make a
West University Place recommendation to City Council of City Owned
facilities. Jim McDaniel suggested that the BSC
members take the information home and to talk
to Dennis Mack about and come back at a later
meetin with a decision.
9. Matters relating to the Dennis Mack, Chief Building Official gave a Les Albin moved to approve the proposed
review and possible brief overview of the proposed amendment if amendment as proposed by the Building
proposed amendment to passed would automatically adopt the Official. David Kehn 2nd. Ayes: James
Section RN101.2.1 International Energy Conservation Code. McDaniel, James Collier, David Kehn, Les
"Residential buildings, Albin, and Muddy McDaniel. Motion passed.
Type A-1 of the
International Residential
.,.
Building Standards Commission Meeting Minutes
• Page 5
10. Staff Comments. None None.
11. Commission Member Jorge Jimenez- Marcos stated that he sent an None.
Comments email to the National Pool Association about
setbacks and would be glad to show the response
he got back to any one if they would like to see
it.
Darryl Friday requested to~form a subcommittee
to look at swimming pool drainage and discharge
problems and discussion of swimming pools.
Jim McDaniel asked if anyone had a desire to
Vice- Chair. Darryl Friday stated that he would
like to volunteer. Mr. McDaniel stated that
Danyl Friday would be appointed the Vice
Chair.
12. Adjournment. Les Albin moved to adjourn. David Kehn
seconded the motion. Ayes: James McDaniel,
James Collier, David Kehn, Les Albin, and
Muddy McDaniel. Motion passed. Meeting
adjourned at 7:55 p.m.
•
PASSED AND APPROVED THIS DAY OF~~~ ,
a anie , airman
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