HomeMy WebLinkAbout06181998 BSC MinutesR ZONING BOARD OF ADJUSTMENT
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. CITY OF WEST UNIVERSITY PLACE
' REGULAR SESSION
PUBLIC WORKS BUILDING
LUNCH ROOM
THURSDAY, JUNE 18, 1998
MINUTES
JUNE 18, 1998
I. MEMBERS PRESENT: Frank Billings, David Mannon, Mark Plagens, Sue
Porretto, John C. Wray
MEMBERS ABSENT: Darlene Haber, Lee M. Huber, Michael Neal, Steven
Segal
GUESTS PRESENT: Mr. Sterling Minor, Legal Counsel for Princeton
Group, Inc. @ 6010 Kirby. William Blum, Bob
Resnick, Mr. James Dougherty, City Attorney
II. STAFF PRESENT: Dennis Holm
• III. CALL TO ORDER: 7:30 p.m.
Sue Porretto Chairperson
Minutes of Meeting
Agenda Item
Discussion
Action
1. Welcome - Sue Porretto called meeting to order - None Required
2. Hearing of Residents - No resident present to be heard. - None Required
3. Introduction of Board Member - Sue Porretto introduced members and - None Required
explained protocol of the proceedings.
4. Non -Agenda Items - None - None required.
5. Legal Notices - Notices were mailed to all properties - Done
within 200 feet.
Notices were posted at locations, as
required.
CHAPTER 22 Urban Forest Preservation and Enhancement
Sec. 22.003. Tree disposition (for building pe'rmits); tree surveys
(a) General requirement. Every permit for development or pre-development activity must contain
_. tree disposition conditions meeting the requirements of this section. ____.
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(b) Essential and mandatory conditions. Tree disposition conditions are the most important means
of protecting the urban forest of the City from unreasonable harm during development and pre-
development activity. Tree disposition conditions shall:
(1) Prohibit removal of or damage to any large tree, except):
(i) removal of a tree which is diseased, severely damaged or dead may be authorized;
and
(ii) damage to or removal of a tree which causes an unreasonable impediment to the use
and enjoyment of the applicant's property may be authorized; and
(iii) damage to or removal of a low-value tree maybe authorized.
(2) Require replacement trees, to the extent provided in the criteria manual, for any large trees
authorized to be Damaged or Removed. Exception: No replacement is required for low-
value trees.
(3) Require protection for large trees (and Critical Root Zones). The conditions may specify
the methods of protection to be used.
(4) Require that any authorized damage to trees be minimized and mitigated. The conditions
may specify methods of mitigation to be used.
(5) Require, if there is major development, that the affected subject site attain a minimum
planting standard of tree density as set forth in the criteria manual.
(c) Procedure. The building official shall not issue any permit for any development or Pre-
development Activity unless all the following have first occurred:
(1) Tree Survey. The applicant must have filed a tree survey, and the urban forester must have
approved it for compliance with this chapter.
(2) Tree Disposition Conditions. Tree disposition conditions approved by the urban forester
must have been inserted into the permit. The urban forester may require all persons owning land
where a tree is located to agree to any removal of or damage to the tree authorized by the
conditions.
(d) "Low-impact" exception. Except for the requirement to insert the mandatory conditions, this
section does not apply to a subject site, project or other activity that will not have any significant, adverse
effect upon any large tree, as determined by the urban forester.
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6. Matters Relating to 98-05, 4001- - No correspondence was received in favor - John C. Wray motioned to
4007 Browning Street at of this application. close the Public Heazing.
Weslayan, Lots 9 and 10, Block David Mannon seconded
3, Bissonnet Place. (a) Final Mr. Sterling Minor, Legal Counsel for motion. All favored.
order(s) in Docket No. 98-OS for Princeton Group, lnc. explained situation. Ayes: John C. Wray, David
special exception and variance Mannon, Sue Porretto, Mark
following public hearing held -Reapplying for Special Exception. Plagens, Frank Billings;
May 1998 on the application of -New Evidence. motion carried.
Princeton Group, Inc. (b) New -Provided copy of Ernest Money
request for special exception John C. Wray made the
filed 6-2-98 for side yard .Discussion among members. motion to deny request for
reduction (conunon walls) filed rehearing due to insufficient
by Princeton Group, lnc. Note: new evidence. David
This is appazently a request for Mannon seconded. All
reheazing. The Board may hear favored:
evidence to assist in determining Ayes: John C. Wray, David
if a reheazing should be granted Mannon, Sue Porretto, Mark
under the rules of the Board. ]f Plagens, Frank Billings;
a rehearing is granted, new motion carried.
notices would have to be sent
out as required by applicable
ordinances. (c) Other related
matters.
7. Matters Relating to 2820 - Agenda .Item, matters relating to 2820 - None Required.
Bellaire Boulevard, Lot 1, Block Bellaire Boulevard has been withdrawn
1, West University Place First. and will be placed on the July meeting.
(a) Request for special exception
concerning side yard reduction
(common walls) filed by Mr.
William Scott, Pillarstone
Development representing Mr.
Thomas G. Gready Ill, owner of
2820 Bellaire Boulevard, Lot 1,
Block 1, West University Place
First.
8. Discussion of Minutes - None - None required.
9. Adjournment (8:35 P.M.) Frank Billings asked for motion. Frank Billings motioned.
Mark Plagens seconded.
CHAPTER 22 Urban Forest Preservation and Enhancement
Sec. 22.003. Tree disposition (for building permits); tree surveys
(a) General requirement. Every permit for development or pre-development activity must contain
tree disposition conditions meeting the requirements of this section. _ __ _ _
(b) Essential and mandatory conditions. Tree disposition conditions are the most important means
of protecting the urban forest of the City from unreasonable harm during development and pre-
development activity. Tree disposition conditions shall:
(1) Prohibit removal of or damage to any large tree, except):
(i) removal of a tree which is diseased, severely damaged or dead may be authorized;
and
(ii) damage to or removal of a tree which causes an unreasonable impediment to the use
and enjoyment of the applicant's property maybe authorized; and
(iii) damage to or removal of a low-value tree maybe authorized.
(2) Require replacement trees, to the extent provided in the criteria manual, for any large trees
authorized to be Damaged or Removed. Exception: No replacement is required for low-
value trees.
(3) Require protection for large trees (and Critical Root Zones). The conditions may specify
the methods of protection to be used.
(4) Require that any authorized damage to trees be minimized and mitigated. The conditions
may specify methods of mitigation to be used. •
(5) Require, if there is major development, that the affected subject site attain a minimum
planting standard of tree density as set forth in the criteria manual.
(c) Procedure. The building official shall not issue any permit for any development or Pre-
development Activity unless all the following have first occurred:
(1) Tree Survey. The applicant must have filed a tree survey, and the urban forester must have
approved it for compliance with this chapter.
(2) Tree Disposition Conditions. Tree disposition conditions approved by the urban forester
must have been inserted into the permit. The urban forester may require all persons owning land
where a tree is located to agree to any removal of or damage to the tree authorized by the
conditions.
(d) "Low-impact" exception. Except for the requirement to insert the mandatory conditions, this
section does not apply to a subject site, project or other activity that will not have any significant, adverse
effect upon any large tree, as determined by the urban forester.
h:newtreefonn