The West U City Council tonight approved the first reading of an ordinance that will regulate how basements are built in the city.
The West U City Council tonight approved the first reading of an ordinance that will regulate how basements are built in the city.
The Building and Standards Commission and the Zoning and Planning Commission brought a recommendation to council on Feb. 28 to prohibit basements from being built in the city. Council opposed the ban and asked city staff to come back with a recommendation that would allow for basements.
The city does not currently have a prohibition for basements in place.
Chief Building Official John Brown presented a set of recommendations for the commissions to consider in December. Council requested that Brown’s recommendations be brought back as an ordinance at tonight’s meeting.
Council voted in favor of the ordinance three-to-two. Mayor Bob Kelly and Councilmember Steven Segal voted against the ordinance.
Some of Brown’s recommendations include a ceiling height of 8 feet, a maximum square footage of 200 square feet and would be used for mechanical equipment, elevators and storage and wine cellars.
“It provides all the protections that our chief building official says and certainly more than any other city provides in terms of providing the protection to the surrounding property owners,” Council member George Boehme said. “I think that is the proper role for this council to take when making laws.”
Brown said he doesn’t know of any cities in the area that have an outright ban on basements. He said the reason for that is because the cities haven’t had any requests for them.
“I don’t think the city ought to have such a heavy hand in how people conduct their business inside their own property as long as it doesn’t affect the city or the neighbors,” Councilmember Chuck Guffey said. ”I don’t see that there’s any real purpose for the city to ban these basements if people want to put them in.”
Kelly preferred prohibiting basements without regulations.
“When two commissions who were charged with looking at these things and they have three structural engineers come and recommend against this, FEMA recommended against it, it seems to me the safer course of action is to air on the side of let’s just don’t risk it,” Kelly said.
Council tonight approved the first reading of the ordinance. Council will have to approve the second reading of the ordinance before it can take effect.
“We’ll leave that up to public reaction and maybe we’ll have some more comments at the second meeting,” Kelly said.
After council approved the first reading of the ordinance, BSC member Ed Heathcott addressed council and said that the commission had concerns about water protection of homes failing, causing mold.
“If you build a basement, in time, the water protection that you build into it, will fail, whether its 20 years, 30 years, 50 years whatever. At that time when you get moisture seepage in there, it will increase mold,” Heathcott said, adding that mold will decrease property values. “I think the major responsibility of council is to protect property values.”
For the past several months the BSC and the ZPC have been going back and forth on whether to prohibit basements from being built or to have strict regulations that would allow for a mechanical use or a wine cellar.
Several ideas were proposed to regulate basements including using the space for anything other than an inhabitable space, restricting basements for mechanical use only and allowing wine cellars. The commissions ultimately decided in January to recommend prohibiting basements all together.
Some of the BSC and ZPC’s reasons for banning basements included the impact on neighbors, an increase in property damage or personal safety risks because of floods and enforcing uses once the basement is built.
The BSC voted four-to-one on March 3 to table the recommendations that council asked for instead of approving them.
“I think the action of not prohibiting basements in West U is a bad idea,” West U resident Lawrence Pirtle told council during the public comment portion of tonight’s meeting. “The Buildings Commission’s got it right.”
March 22, 2011 at 4:03 pm
Why does anyone need a wine cellar in a basement under their house? There are places to buy the best wine close to West U, so I am told.
March 21, 2011 at 8:16 am
Bob – I do agree that zoning is what makes West U a great place to live but this is a red herring. Zoning is one thing – private property rights is another. Can you honestly tell the public that basements endanger citizens? In my 9 years of living in in West U, I have never seen nor heard of a basement failure. Can you please give us the facts on this issue?
Frankly, the most dangerous thing I have seen in West U is a 40 foot Chinese Tallow tree fall on my neihbors house because it was dead at the roots – why not ban trees?
Just give the public the facts on this issue – that is all I ask. Do not try and solve a problem that does not exist.
Brian Hoogendam
March 18, 2011 at 9:30 am
Brian, hope all is well with the family. Your point about foundation failures is well taken. Even though WU has strong building regulations concerning them, we still have some failures. The reason, in my opinion, is not the regulations, but instead the workmanship. And, as you point out, we can’t ban foundations. But, we do not need basements. While the landowner who has one built may want it, the structual problems may not show up till several landowners later. I also am a strong property rights person, and is Ed Heathcott, but as both of us have been Council Members and Mayors, we appreciate how good intentions can go wrong. I stress again that strict zoning is one of the things that makes WU a great place to live. I assure you your comments will be considered.
March 17, 2011 at 9:23 am
Once upon a time, West U made restrictions on new construction. Exceptions were then allowed which permitted new construction to bypass restrictions in the name of private property rights. As a result, small lots were almost completely covered with huge structures which negatively impacted the value of adjoining properties and destroyed the lifestyle of their residents. An ordinance permitting basements of a certain size may pass but how can anyone think, that as in the past, exceptions would not be made. I remember when the new West U housing boom began in the 1980s. I seem to recall a rash of poor foundations that caused pain, suffering and expense for buyers of these new homes. Changes were made and houses that followed had better foundations. I’m certainly not an authority on the subject, but I would hope that if the door is open to basements in West U, careful study be given to everything basement because repairing a bad basement would be almost as hard and expensive as repairing those bad foundations.
March 17, 2011 at 7:52 am
First off, if you post on this site, i think you need to use your real name. Just my opinion.
I sat on the BSC for several years and applaud this decision by Council. Also, I respect John Brown and his reccommendation to allow but regulate. If engineers can design a 90 story skyscraper, they can engineer a basement in West U.
Furthermore, the argument by Mr. Heatchcott (whome I have never met) and Mr. Kelly on property values being impacted and public safety concerns is ridiculous. West U has allowed basements for many years under the current ordinances and all we have seen (except for the past 2 years) is rising property values. I would like them to show the public the numeric FACTS about their property value assertion. I would be willing to be in West University place we have seen more house foundation failures than basement failures – are house foundations next to be banned?
Also, Mr. Heathcott asserting it is Council’s job to protect home values is very scary. That is not the role of Council. The role of Council is to provide public safety and public services while being good stewards of the taxpayers dollars. You cannot protect citizens from their own actions – if I want to put a basement in, build a pool, paint my house orange, that is my right as a citizen. As long as i dont impact the public safety of my neighbors, that is my right. If you think basements pose a clear and present danger, then show the public the facts – show them all the failures that have occurred.
I really want to know what else Mr. Heathcott would ban if elected in the name of either public safety or property value preservation – what about tree limbs that overhang streets? They could fall and hurt someone. What about if someone paints their house a color you do not like? Are those things next?
What will really hurt West U property values in the long run will be all the rules and regulations that are placed upon the private property rights of its citizens. We have bans on tree cutting, cell phone usage etc. What is next?
In 2011, this city is seeing a 13% rise in water rates, a 4% rise in sewer and trash rates along with a city wide tax increase. Why not comment on those things? Those are things that matter.
Brian Hoogendam
March 16, 2011 at 4:40 pm
While I wouldn’t personally put a basement on a house in this part of Texas I really don’t understand why the city council should prohibit one if someone wants one. Basements flood in other parts of the country so what’s the big deal there?
March 16, 2011 at 9:19 am
Why would you outlaw basements, but allow swimming pools? I can’t see a a basement. But a pool takes away greenspace. Someone please explain the logic for this?
March 16, 2011 at 8:56 am
I have been a professional engineer for many years. And I can say this without qualification: there is no technical reason for prohibiting the construction of basements in West University Place. They have been built all around us with success. These rules would make them very expensive to build, and few would likely build them. But there is no engineering reason to prohibit basements.
March 15, 2011 at 11:57 pm
There are a lot of things you are not allowed to build or do on your property in West University Place. This will just be one more thing added to the list. You cannot build over a certain height. You cannot build a new house that is structurally unsound. You cannot build your house up to the property line. You cannot build a new house without a garage. You cannot build over a certain foot print on your lot. You cannot build stairs that have a riser of 8 inches. You cannot build a new house that doesn’t pass the energy code. You are not allowed to have stagnant water on your property for longer than 4 days. You are not allowed to drill a water well on your site for consumptive purposes. I digress. Basements should be left to the experts and they have already given their opinion.
March 15, 2011 at 10:09 pm
Does the ordinance actually provide any risk to a neighboring landowner? I just can’t see how. The ordinance only allows for a tiny basement in the center of the property. It seems like a swimming pool would provide a much greater risk to a neighbor than one of these small basements because they would be much closer to the property line. I just can’t see how this proposal provides any measurable risk to a neighboring property owner. If I am correct, it really is only about individual property rights.
March 15, 2011 at 9:39 pm
Good points. But remember the risks are to neighbors as well as landowner building basement. Come to Council meeting March 28th to find out why.
March 15, 2011 at 5:57 pm
Gotcha Patrick Henry. I wouldn’t build one either. But I also wouldn’t build a swimming pool, a tennis court or a basketball court. I don’t drive corvettes, own any lava lamps or invest in foreign stocks. But I don’t think the law should prohibit others from doing these things if they want to.
March 15, 2011 at 4:32 pm
From personal experience, mechanical basements in Houston are nothing but PROBLEMS!
March 15, 2011 at 10:43 pm
It’s their problem, not YOURS. If you don’t want a basement, don’t build one. What’s someone else building one got to do with you?
March 15, 2011 at 11:23 am
If I read this right, people woud only be permitted to build a basement limited to 200 feet for only mechanical euimpent, storage or a wine cellar. This is pretty restrictive. If someone wants to spend the money to do it, why would the city care. This sounds like a personal decision.
March 15, 2011 at 10:45 am
Every city allows basements. Look at River Oaks, Courtland Place parts of the Heights, South Blvd. North Blvd. Why would we want to prohibit someone from building a basement just because we may not want one? If you don’t want a basement, don’t build one.
March 15, 2011 at 9:47 am
I’ve lived with a mechanical basement in Houston. If you like mold and being sick all the time, then by all means . . . build it. In all seriousness, in a city that consistently floods, who thinks it is a good idea to dig a hole under their house and put stuff down there? Correct me if I am wrong, but Flood Insurance only covers contents above ground. Mayor Kelly, Councilman Segal, candidate Heathcott, and the commission of experts are right on this one.
March 15, 2011 at 4:34 pm
Agreed!
March 14, 2011 at 10:56 pm
Excuse me, the Council meeting is Monday, March 28th.
March 14, 2011 at 10:54 pm
I would urge all those who have an opinion on allowing basements in West U to come to the Council meeting on Tues, March 28th, and make those opinions known. This is a very important issue for our City.