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HomeMy WebLinkAbout06181998 BSC MinutesR ZONING BOARD OF ADJUSTMENT • . 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. ____. . • J (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. h:newtreeform • e • 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