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HomeMy WebLinkAbout01152009 ZBA Agenda Item 3 City of West University Place eTexas Memo To: Zoning Board of Adjustments From: Debbie Scarcella, City Planner Date: January 12, 2009 Re: Staff Report for Docket 08-09 The applicant in Docket 08-09, 4248 Judson Avenue, is requesting a special exception to acquire PNC status for a front yard encroachment of 3.6' (3'8"). Background Information The applicant's property is located on Judson Avenue between Community Drive and Fairmont. The applicant purchased the property with existing residence in August of 1997. The property survey shows that the structure encroaches into the front yard (setback) by 3.6' (3'8"). City records indicate that the structure was built in early 1987. The minimum front yard setback when the structure was built was twenty feet. There are no permit or inspection documents (other than the building permit), nor is there any evidence of a variance or special exception issued located in the City's records. The applicant applied for a building permit to construct a major addition to his residence. The initial plans called for a second story addition above the existing footprint at the front of the structure. Since the footprint of the existing structure did not comply with the setback regulations, the plans were not approved. The applicant has since decided to work on a revision to his plans and focus on moving the addition to the rear of the structure. He is requesting the special exception for the existing encroachment in order to clear up any issues that may arise in the event of a future sale. Staff Response Front yard (setback) regulations are found in Table 7-2 of the zoning ordinance. For a building site with 110' or less in depth, the front yard (setback) requirement is twenty feet. Prior to 1987, the minimum front yard (setback) was also twenty feet. The general rile for acquiring Prior Nonconforming (PNC) status requires that the item was constructed or established in conformance with the zoning ordinance applicable at the time (Section 12-102 (a). Even though this structure was built prior to 1987, (when the zoning regulations were consolidated and uniform yards established), it appears this structure was built in non-compliance with the existing regulations. However, Section 12-102 (e) "Certain yard encroachments" provides: A structure located in a yard (or "setback" area) in apparent violation of Table 72- acquires PNC status if the ZBA issues a special exception granting PNC status. The ZBA may only issue such a special exception if it 4248 Judson Avenue Page 1 1-12-09 makes all of the following special findings: (i) The encroachment was inadvertent and neither misrepresented to the City nor hidden from City officials. Exception: This finding is not required if the encroachment commenced before 1970. (ii) The encroachment will not cause a substantial adverse effect on other persons. (iii) The encroachment does not create a significant health or safety risk. Section 11-02, Findings, Subsection (b), Special Exceptions, further requires that the ZBA consider the following circumstances and find them all to be present: (1) The proposed special exception will not cause any significant increase in on-street parking, will not cause any substantial traffic congestion, will not cause any substantial increase in traffic or an unreasonable burden upon utility systems or upon any other public facility or public service. (2) The proposed special exception will be in harmony with the general purpose and intent of this ordinance. (3) The ZBA has made any additional findings and determinations required by a specific provision of this ordinance (as specified in Note 7 of Table 7-5a). (4) The special exception has been reduced to writing and includes any conditions prescribed by the ZBA or required by this ordinance for the special exception in question. The burden is on the applicant to present evidence to the Board to support each finding and determination required for the issuance of a special exception. 4248 Judson Avenue Page 2 1-12-09 Dec 23, 2008 City of West University 3800 University Boulevard West University Place, Texas 77005 Re: Application to the Zoning Board of Adjustment Dear Sir/Madam, Please find enclosed my application for a Special Exception for PNC status for my residence located at 4248 Judson Avenue. This packet contains one (1) original and fifteen (15) copies of following documents: • Application to the Zoning Board of Adjustment • Survey of the property • Warranty Deed of the Property • Request Narrative This is submitted in consideration for the Jan 15th 2009 meeting of the Zoning Board of Adjustment, during which I hope my case would be heard and resolved. If you require any additional information from me, please let me know. I can be reached either at 832-264-8496 (cell), or via email at jsen215@yahoo.com. Sincerely, Joydeep Sen ,F LF ~ H.t« ~..J f t .i. 14..s ,.r r,....`✓ : • t Vd.: s t a . L'._s F F 1 ...n • v J V ..i L. t ll - ✓ .J V City of West University Place APPLICATION TO THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS ("CITY") Address of site: ' ? ) L ► u't~< JCL Legal description of the site: - r -"C'. - - 4 Applicant. r ` f ,h c-T - I ; > is'; Address: e r"~ ' L _ r , , 11 Contact: Phone: Fax: Email ~-kl •2 i ` Decision or Action Requested (check one or more and provide requested data): ( ) Appeal. Hear and decide an appeal from an order, requirement, decision or determination made by the Administrative Official. • Is the official's action in writing? ( ) Yes; ( )copy is attached. ( )No, but the action appealed is as follows: • When was the action taken? Note: Appeals must be filed within a reasonable time. Please explain any delay below: • Exact zoning ordinance section(s) involved: • Grounds for appeal: Special Exception. • Exact zoning ordinance section that authorizes the special exception: • Exact wording of special exception requested: ~ • c j ~ i ~ ~ C, ~ % re V 41 ( ) Variance. • Exact zoning ordinance section from which a variance is requested: • Exact wording of variance requested: Other Data. Are there drawings or other data? ( )No (c}Yes(list items here and attach them) A a /Ij 7 rte- Attached. The applicant has read the St# ano City rigulations attached. Signature of applicant: Date: j . For Staff Use only Date filed: Date heard: Docket#: Form ZBA-102 t O C h LO_- 4 LW 3lu f=tilo s/S' le L J 0.7 S 75" 40' E 1 ~ a ¢B t=A~iT 50.v0 p ~5 cra~Af c OeAJE; e_ I. / ` \ - s?PPROX. ~-GGATION ~r 1 3.Z_ I, I- OF iAN 5Q ~Nr° FI-AMC- 8.z. SHEo 3~ COT Z7 W WOOD Q PEC r- -i l 0 S.q fl ~ N N LUT 2(0 T 'q LOT Zg r , y 0 N T~~ ST02y ' - Q Z 06 ISQC-K c F-PAME J 0 O 424 in 0.3 J tb 3 . o f- G./ O - - zo.z a ~ ~ rs.q N r - cone d Ont ~ DPJUG 9is a x.00 FI,1o 5(z "He- FUJI 9 teE /EST sOGb~ 1. -ll- OG/JOTCS W0.00 FC-LICEI--o-- CF-"OTE5 icon 1=ErJCE. RIGHT -OF - v-/A-/ OF JJ_U05OA/ .411E. IS -(GI ASSUMED 70 13E/t2 WEST. Z. Sue-JECT IzHZ i ccte-T Ipe.iS PE([ ~/Dt-. g44, FI. ..v R. (p) FiOL35.E IZ OVECS -T0f_= ZOr B.L. AS Sti'OWN- 9 Zi1' C3. t_. PER Vot_ 894, r6 332 , H. c. n. K. 4 yTORM <~y11JtTARy -iEw em 1-t Nth 1= ~M';i f>L_O NG '-rNE IzEAK PROPr__CeTY LI"E ~Ert G\T'/ 01= WEST U111VEfCSI7'/ P~ A-E `JAIJ- SEW'R. - Pt V' pATtO 4-Z7- -1. ~OUI.JO EVIt7'E\~IGE OF -,A ,l. SEu/Itz. LIt-1~ OtJ SUt3J FCT ~OP~fLT)' V~>-(i ~IEt_o INSP~~TtOI~I ^_T -rIME OF SUK~/t=y FLOOD ZONE DETERMINED BY GRAPHIC PLOTTING ONLY. WE DO NOT ASSUME RESPONSIBILITY FOR EXACT DETERMINATION. THIS SURVEY HAS BEEN OMPILED IN ACCORDANCE WITH INFORMATION CONTAINED IN THE TITLE COMMITMENT REFERENCED IN OF NO. 475 - 117- -A-OSt LOT BLOCK SECTION SUBDIVISION -L7 - o ~sye c UuR r P / cC This lot nOEZ NOT IIe InIM100 year flood plan and Is In RECORDATION COUNTY STATE SURVEY -Z D nh " X as located by `/DU U. -7, PG. '71 li - c. M . W - µn R2t 5 T>-' lCA`Z _ ells Federal Insuranoe AdmYYeRaGm desoulled Flood Hazard Area by CommunIty Panel No. LENDER TITLE CO. ¢gD91$ OP SS-7 N ATtIItJOrjAIJC f✓ 0g7C-A~-_E CORP. TEXAS ! MEKI G.fyJ "TITLE c0. dated 11-61-111 JOB NO. PURCHASER JOyf2Ee1- sc" 'ANp LE SLIE J4 1341cw A/ Z ADDRESS 1 LZg K 9z48 JuDGON f,.iE. , I-4ouSTOr~1 , -rt°XA,S I do hereby ccrtily to TEXAS AMERICAN TITLE COMPANY Illat this survey was this day made on Urc ground and Ural this plat'wrnxtly„ aape.ee~~~' rcprescnls the property Icgally-daseribcd ~hcreon (or on attached phceQ.;: O•\ •Illal the r.. found at the lilac ris so- xl~ thue improvcrncnts;and,,, Q~ ~Q that thcrc ar u encroad, c ..gtlwrcn oa ll " grouil; eXU:pt Ts hOwn: i ~E winbtZoJse sutZvel' co- WADE P7 IIKE~ go 4757 ?~P 1 '~►•~.F.6 :ter A FIELD WORK 07 - zq- q-r v- w Q DRAFTED BY 01- Zq ~t7 / J i HE WIND OSE SURVEY COMPANY CHECKED BY OT - z9 - 1~7 ujF- / 113 ichmo d, Suite K105 KEY MAP NO. s°sz A 1 uston exas 77082 1 00 1,17 ROOM!; Return to: j y tip' Texas American Title Co. ° ` 1 1200 post Oak Blvd. #12C Houston, TX 77056 . ~ SPECIAL WARRANTY DEED WrM TMRD PARTY VENDOR'S LIENi7 Sk `iC-61 \ THE STATE OF TEXAS L V 1784 COUNTY OF HARRIS KNOW ALL MEN BY THESE PRESENTS: 08/07/97 100536344 5582176 SI1.00 THAT, PRUDENTIAL RESIDENTIAL SERVICES, Limited Partnership, hereinafter called "Grantor" (and referred to in the singular, whether one or more), for and in consideration of the sum of Ten and No/100 DOLLARS ($10.00) cash and other good and valuable consideration in hand paid by JOYDEEP SEN, a single person and LESLIE JAN BARLOW, a single person, hereinafter called "Grantee" (and referred to in the singular, whether one or more), the receipt of which is hereby acknowledged; and the further consideration of the EXECUTION and DELIVERY by Grantee herein of his one certain Promisscry Note of even date herewith for the principal sum of TWO HUNDRED FOUR THOUSAND AND N01100 DOLLARS ($204,000.00), bearing t interest and payable to the order of NATIONSBANC MORTGAGE CORPORATION, hereinafter referred to as "NATIONSBANC," as therein provided and containing customary acceleration of maturity, past due interest and attorney's fees clauses; said Note representing funds advanced to Grantor by NATIONSBANC at the special instance and request of and as a loan to Grantee as part of the purchase price for the hereinafter described property; and said Note being secured by a prior and superior Vendor's Lien hereinafter retained upon the property hereby conveyed and being additionally secured by the Lien of a Deed of Trust of even date herewith to Frederick Wark, Trustee; and the further consideration of the EXECUTION and DELIVERY by Grantee herein of his one certain Promissory Note of even date herewith for the principal sum of TWENTY FIVE THOUSAND AND N01100 DOLLARS ($25,000.00), bearing interest and payable to the order of NATIONSBANK OF TEXAS, N.A., hereinafter referred to as "NATIONSBANK," as therein provided and containing customary acceleration of maturity, past due interest and attorney's fees clauses; said Note representing funds advanced to Grantor by NATIONSBANK at the special instance and request of and as a loan to Grantee as part of the purchase price for the hereinafter described property; and said Note being secured by a secondary and inferior Vendor's Lien hereinafter retained upon the property hereby conveyed and being additionally secured by the Lien of a Deed of Trust of even date herewith to Michael F. Hord, Trustee; has GRANTED, SOLD and CONVEYED, and by these presents does GRANT, SELL and CONVEY unto Grantee all that certain lot, tract or parcel of land together with all improvements thereon, lying and being situated in Harris County, Texas, described as follows, to-wit: Lot Twenty-Seven (27), in Block Five (5), of COLLEGE i~ COURT PLACE, a subdivision in Harris County, Texas, l/1 according to the map or plat thereof recorded in Volume 7, Page 7 of the Map Records of Harris County, Texas. This conveyance is made and accepted subject to any and all easements, rights of way, valid restrictions, mineral reservations of any kind, maintenance charges, building set back lines, and governmental regulations, if any, to the extent, but only to the extent that they are reflected by the records of the Office of the County Clerk of the above mentioned County and State. TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and appurtenances thereto in any wise belonging, unto Grantee, his heirs and assigns, forever; and, Grantor does hereby bind himself, his heirs, executors and administrators, to WARRANT and FOREVER DEFEND, all and singular the said premises unto Grantee, his heirs and assigns, against every person whomsoever lawfully claiming, or to claim the same, or any part thereof, by through or under the undersigned, but not otherwise. s N, When Grantor and/or Grantee are more than one entity, the pertinent nouns, verbs and pronouns shall be construed to ' correspond. When Grantor and/or Grantee are a corporation, a trustee or other legal entity that is not a natural person, the pertinent words "heirs, executors and administrators" and/or "heirs and assigns" shall be construed to mean "successors and assigns," respectively. Reference to any gender shall include either gender and, in the case of a legal entity that is not a natural person, shall include the neuter gender, all as the case may be. But it is expressly agreed and stipulated that a prior and superior vendor's lien is retained in favor of NATIONSBANC who will hold superior title in and to the above described property, premises and improvements, and the title in the Grantee will not become absolute until the above described $204,000.00 Note, together with all renewals and extensions thereof, and all interest and other charges therein stipulated, are fully paid, according to the face and tenor, effect and reading thereof, when this Deed shall become absolute; and it shall be the same as if a vendor's lien was retained in favor of the Grantor herein and assigned by proper assignment to NATIONSBANC without recourse on Grantor in any manner for the payment of said indebtedness. But it is expressly agreed and stipulated that a secondary and inferior vendor's lien is retained in favor of NATIONSBANK who will hold superior title in and to the above described property, premises and improvements, and the title in the Grantee will not become absolute until the above described $25,000.00 Note, together with all renewals and extensions thereof, and all interest and other charges therein stipulated, are fully paid, according to the face and tenor, effect and reading thereof, when this Deed shall become absolute; and it shall be the same as if a vendor's lien was retained in favor of the Grantor herein and assigned by proper assignment to NATIONSBANK without recourse on Grantor in any manner for the payment of said indebtedness. CQ~EXECUTED this the J day of August, A.D. 1997 ))?Wt tc~n f Q/ ( l`3 L~ . `o PRUDENTIAL Cl) RESIDENTIAL SERVICES, Limited Partnership By: PRUDENTIAL HOMES CORPORATION, its L. - General Partner J t~ L L t.' ~ ~ U Q V ti r h n~ By: Name : Title: spar, 5PGrAQ THE STATE OF ~tJ 01ev. § COUNTY OF 1Jb1(gF5-1L& § This instrument was acknowledged before me, on this the day of S ~!!1_'L_--------' A . D . 19 3:1. . . by , the of PRUDENTIAL HOMES CORPORATION, acting is its capacity as the General Partner of PRUDENTIAL RESIDENTIAL SERVICES, Limited Partnership, on behalf of said Limited Partnership. ARY PUBLIC TA OF ANTOINEM GWNNEW MtwY P ublic, state of New Yort No. 01 0WIR ed in W I"~taer2 co" iw- Expiry ' !sx eo co ti cD s E l JAI r~ ILI In - cio ~ a lop $g= F Request Narrative I became a resident of West University in August 1997, when I purchased the property at 4248 Judson with my fiancee at the time - Leslie Jan Barlow. Property size was suitable at the time, since I only had 1 child, and the existing space in the house was sufficient. By 2003, my family had increased with 2 new children to my existing family. Additionally, my job requirements changed such that I was required to work from my home on a more regular basis. With my family size increasing, as well as working from home, led me to consider increasing the square footage of my house, in order to gain some additional rooms for my family. I started exploring renovation options to the existing building in 2006, however I abandoned the effort after about 3 months due to work commitments and other priorities. By March 2008, I restarted plans for renovating my property and proceeded to learn about West University regulations as well as their restrictions. After reviewing numerous architectural options as well as construction estimates, I selected one company and proceeded to draw up detailed plans for submittal to the city. First plan was submitted to the city on or about Sept 2008 for approval, and as part of the review by the City Planning group, it was found that the existing structure was built crossing the 20 Ft Building Line, and no variance to this 'encroachment' has been documented in the City of West U's records. City Planning group requested additional information related to this first submittal, and my builder furnished all the requested information to the city within 2-3 wks It should be noted that this encroachment has been documented in the Survey, which was part of the documentation I received when I purchased the house, however, because I was a new homeowner, I wasn't fully aware of its implications. I was informed on Dec 5 2008, that my construction couldn't be allowed because my design of the renovation was being "built on a existing violation - referring to the existing encroachment of the 20 Ft. Building Line. City of West U. informed me to (1) get a PNC status on the existing structure and (2) seek a variance of the code so that I could proceed with the existing design of the renovation. Needless to say, this was clearly unexpected since my builder and I have been working diligently with the City of West U. planning department to ensure all the rules and restrictions have been followed during our planning and design phase. By now I have invested hundreds of man-hours, as well as a significant amount of capital in this project, in addition to being emotionally invested in this as well. After careful consideration, I am in the process of redesigning the renovation, and will submit new plans to the city for approval, which should not be impacted by the Building Line encroachment. However, I am seeking the PNC status for the encroachment of the Building Line, in the event I wish to sell the property, and to not have a negative valuation due to this Building Line Encroachment. The Zoning Board of Adjustment (ZBA) should consider granting this appeal for the following reasons: • The encroachment was inadvertent and neither misrepresented to the City nor hidden from City officials. As indicated earlier, the 20 Ft. Building Line encroachment was included in Sales documents when I purchased the house, as well as in the Warranty Deed. Given this was an existing house I was purchasing in 1997, my assumption was that the West University Planning Group was aware of the encroachment. • The encroachment has not caused a substantial adverse effect on other persons. It neither impedes or affects any traffic flow, or appears unsightly, as it is integral to the main structure. Indeed, as the pictures below demonstrates, the houses adjacent to the structure seem to fall on the same horizontal line. WAN. r 1 ■ ve. ~ I a f }QTY ♦ , r ~ P ~ 7 i -Vi Jow AIM C L . • This encroachment is approximate 3' 8", and does not pose a health or safety risk to public. I respectfully request that the Zoning Board of Adjustment consider this appeal, and grant this Special Exception, as requested. 0 City of West University Place A Neighborhood City ® Recycled Paper NOTICE OF ZONING BOARD OF ADJUSTMENT HEARING The Zoning Board of Adjustment ("ZBA") of the City of West University Place, Texas ("City") will hold a public hearing in the Bill Watson Conference Room of the Municipal Building, 3800 University Boulevard, City of West University Place, Texas 77005, during a meeting set to begin at 6:30 P.m. on January 15, 2009. The hearing maybe recessed and continued to a ZBA meeting set to begin at 6:30 P.M. on February 19, 2009. The purpose of the hearing is to provide an opportunity for all persons to be heard in relation to the following matter: Address of the site: 4248 Judson Avenue, West University Place, Texas 77005 Legal description of the site: Lot Twenty-Seven (27), in block Five (5), of College Court Place, a subdivision in Harris County, Texas according to the map or plat thereof recorded in Volume 7, Page 7 of the Map Records of Harris County, Texas. Docket No.: 08-09 Applicant: Joydeep Sen Action Requested: Applicant requests a special exception as provided in Section 12-102., Acquiring PNC Status, (e) Certain Yard Encroachments, Appendix A of the Code of Ordinances to acquire PNC status for a front yard encroachment of 3.6 feet (3' 8"). Applicable regulations include the City's Zoning Ordinance, Chapter 211 of the Texas Local Government Code and the rules of the ZBA. Additional details on such matters, as well as, the applicable regulations are available for public inspection in the Public Works Center, 3826 Amherst, West University Place, 77005. Any person interested in such matters should attend the hearings. If you plan to attend this public meeting and you have a disability that requires special arrangements at the meeting, please contact the Planning Assistant at 713.662.5843 in advance of the meeting. Reasonable accommodations will be made to assist your participation in the meeting. The Municipal Building is wheel chair accessible from the west entrance and specially marked parking spaces are available in the southwest parking area. Signed: .''~..-`V for the ZBA 1-5-2009 Sallye A. Clarke lanning Assistant. ,R(BI) University Boulevard • West University Ptacc, f _xas ??0O5 R99 • 713.668.441 • I, u:~ti..vcsnr.nr~> APPENDIX A-ZONING ORDINANCE § 12-102 ARTICLE 12. PRIOR NONCONFORNIITIES Section 12-100. Purpose. The purpose of this article is to establish rules to allow prior non-conformities ("PNCs") to continue (with certain exceptions) until they are removed or terminated, but not to encourage their survival. It is also the purpose of this article to prevent the enlargement, expansion or extension of PNCs and to limit the degree of nonconformity of PNCs. Section 12-101. Burden of proof. As provided in Article 6, PNC status is an affirmative defense, so it is the burden of the person desiring PNC status to prove, for each non-conforming item: (i) PNC status has been acquired, and (ii) PNC status has not been lost. Section 12-102. Ac uirin PNC status. (a) General Rule. An item (defined below) acquires PNC status if: (i) the item was constructed or established in conformance with the zoning ordinance (as applicable at the time); and (ii) after construction or establishment, the item became non- conforming solely because the zoning ordinance was adopted or amended. The item acquires PNC status on the effective date of the ordinance making it nonconforming. Items which can acquire PNC status are: (1) A separately-existing building site. (2) A structure. (3) Some aspect, use or part of such a building site or structure. (b) Work under construction. For purposes of acquiring PNC status, any structure for which all necessary City construction permits have been applied for (by filing complete and effective plans, specifications, applications and all other required items, including fees) prior to a given effective date shall be treated the same as a structure constructed before the effective date, but only if: (i) the applications are eventually granted, and the permits are actually issued (before or after the effective date), and (ii) the structure is completed substantially in accordance with the same plans and specifications filed initially to obtain the permits, within the time allowed by those permits, including any extensions lawfully granted. The ZBA may grant a special exception to allow a partially-completed building to be treated the same as a building constructed before the effective date, but only if all of the building's significant structural elements, including the roof and all load-bearing members, were completed as of the effective date and the building is fully completed within five years thereafter. (c) Other committed work. For purposes of acquiring PNC status, any principal building constructed new or substantially remodeled after a given effective date shall be treated the same as a structure constructed before that effective date, if all of the following criteria are present: (1) Prior site acquisition. The person initially claiming PNC for the building ("applicant") must have acquired fee simple title to the entire building site for the building on or before the ninetieth day preceding the effective date in question. Supp. No. 5 CDA:67 • • § 12-102 WEST UNIVERSITY PLACE MUNICIPAL CODE (2) Diligent progress to completion. The applicant must also make, or cause to be made, diligent progress toward the completion of the principal building. Such progress must include both of the following steps: (i) completion of the plans and specifications and the filing (by the applicant) of complete and effective applications for all necessary building permits incorporating such completed plans and specifications, on or before the ninetieth day following the given effective date; (ii) completion of the construction or remodeling substantially in accordance with the same plans and specifications filed initially to obtain the necessary City permits, within the time allowed by those permits, including any extensions lawfully granted. In case of non-compliance with side yard regulations based on 10% of the building site width as stated in the "Yards" table adopted in December 1994: (A) the time to acquire the entire building site is extended through May 31, 1995, and (B) the time to file applications for permits is extended through September 29, 1995 (d) Enlargement of building site and yard. A structure located in a yard (or "setback" area) in apparent violation of Table 7-2 acquires PNC status if (i) after the 1987 .effective date, the building site was enlarged in compliance with City ordinances, (ii) the enlargement of the building site also expanded the yard to include the structure, (iii) the structure was built before enlargement of the site, and (iv) the structure did not violate the yard (or "setback") regulations before the enlargement. The structure acquires PNC status only for non-compliance with Table 7-2. (e) Certain and encroachments Astructure located in a yard (or "setback" area) in apparen7tv"llo a ion o ``affel-'_2~' acquires PNC status if the ZBA issues a special exception granting PNC status. The ZBA may only issue such a special exception if it makes all of the following special findings: (i) The encroachment was inadvertent and neither misrepresented to the City nor hidden from City officials. Exception: This finding is not required if the encroachment commenced before 1970. (ii) The encroach- ment will not cause a substantial adverse effect on other persons. (iii) The encroach- ment does not create a significant health or safety risk. Section 12-103. Losing PNC Status. (a) New principal building. If, after the 1987 effective date, a new principal building is constructed on a building site, PNC status is lost for all PNC items relating to the building site. Exceptions: (i) this does not apply to those principal buildings treated the same as structures constructed prior to a given effective date (see above); (ii) PNC status with respect to a building site dimension is not lost. (b) Conformance is achieved; discontinuation. If a PNC item is changed to conform to this ordinance for an indefinite period or for 180 days or more, PNC status is lost for that item. If a use of property is discontinued for 180 days or more (exclusive of time when actual construction work prevents the use), the use loses PNC status. (c) Loss to casualty, etc. If 51% or more of the replacement cost of a structure is lost to casualty, eminent domain, involuntary demolition or other similar cause, the structure loses PNC status. Exception: This does not apply to a building used for SFR Stipp. No. 5 CDA:68 • JOYDEEP SEN VANDERBLOEMEN WILLIAM 4248 JUDSON GORDON ADRIENNE WIM WIMBISH ISH MARY MA HOUSTON TX 77005-1927 4230 JUDSON HOUSTON TX 77005-1927 HOUSTON TX 77005-1927 HOROWITZ JEFFREY I GRAVES CAROLYN 2404 DRISCOLL ST WOELFEL ROBERT J & ]ANA H 4233 ]UDSON HOUSTON TX 77019-6706 4245 JUDSON HOUSTON TX 77005-1927 RE: 4242 JUDSON HOUSTON TX 77005-1927 SALINAS FELIX E STUART ROBERT M & MARY M LOPER ROBERT K & CYNTHIA 4249 JUDSON 4250 JUDSON 4252 JUDSON .HOUSTON TX 77005-1926 HOUSTON TX 77005-1927 HOUSTON TX 77005 RICHTER SCOT E & ARDITH DAVIG JAMES H REID DALE FREDERICK & 4253 JUDSON 8922 JACKWOOD ST REID CONSTANCE PENOLI HOUSTON TX 77005-1926 HOUSTON TX 77036-7330 5715 COMMUNITY DR RE: 4260 JUDSON ST HOUSTON TX 77005-1917 DORMAN RONALD KEITH BELCHER GRACE D DUNSON SHARON L 5712 SIMMONS 4231 EMORY 4235 EMORY HOUSTON TX 77005-1938 HOUSTON TX 77005-1922 HOUSTON TX 77005-1922 FESTE VICKIE CONNELLY PRIEBE WALDEMAR & TERESA JOHNSTONE ROBERT A & LISA 4236 EMORY 4239 EMORY 4240 EMORY HOUSTON TX 77005-1923 HOUSTON TX 77005-1922 HOUSTON TX 77005-1923 JUDGE LINDA CLARE CASTILLEJA SYLVIA PO BOX 272389 MCINTOSH DONALD VICK SUSAN HOUSTON TX 77277-2389 4244 EMORY 4247 EMORY RE: 4243 EMORY HOUSTON TX 77005-1923 HOUSTON TX 77005-1922 HINSON RICHARD A BOYCE LANCE A & SUSAN ALVAREZ PEDRO J & ADELA 4248 EMORY 4251 EMORY 4252 EMORY HOUSTON TX 77005-1923 HOUSTON TX 77005-1922 HOUSTON TX 77005-1922 WEIMAN STEPHEN G & MARY M OSTERMEIER RICHARD M 4148 MARQUETTE O/o RICHARD OSTERMEIER REVOCABLE TRUST ANDREWS EDREWS WS ELIZABETH B HOUSTON TX 77005-3501 4256 EMORY RE: 4255 EMORY HOUSTON TX 77005-1922 HOUSTON TX 77005-1922 JONES ROBERT & CARRIE MCCOURT 4260EMORY HOUSTON TX 77005-1923