HomeMy WebLinkAbout03302009 ZBA Agenda Item 2
Memo
To: Zoning Board of Adjustments
From: Debbie Scarcella, City Planner
Date: March 25, 2009
Re: Staff Report for Docket 09-01; 6207-6217 Edloe Street
Applicant's Request. The applicant requests reinstatement of Prior Non-Conforming (PNC) status
for pervious area requirements in the C District (including required pervious area, landscape strips,
qualified trees and pervious islands in the parking area).
Background Information
The small retail center located at 6207-6217 Edloe Street was originally developed in the mid-1940's.
Until April 2008, it was part of a larger tract (with the abutting property at 6203 Edloe Street) owned
by one company. In April of 2008, the tracts were divided and sold by metes and bounds to separate
owners - Stockard Realty Partnership, Ltd. acquired .3114 acres located at 6203 Edloe Street (former
Mathew's Motors) and 6203 Edloe Partners, L.P. acquired .498 acres located at 6207-6217 Edloe
Street (retail center). The subdivision plat was approved by the Zoning and Planning Commission on
March 12, 2009.
The applicant has indicated an intent to: (i) renovate and upgrade the property but not alter the
footprint of the building, and (ii) bring in new retail tenants to provide goods and services to the
immediate neighborhood. The site contains several items that are not in compliance with the zoning
regulations. These items include screens for waste areas, minimum off-street parking spaces, outdoor
lighting, and minimum pervious area requirements (including landscape strips, qualified trees, and
pervious islands). The applicant claims PNC status for all of these non-conforming items. However,
there is an expiration date for PNC status on three of the items per Section 12-103(1) of the Zoning
Ordinance.
Staff Comments:
PNC status; pervious area
The non-conforming items likely acquired PNC status upon adoption of the major Zoning Ordinance
revision in 1987 or upon the later adoption of the requirements for additional landscaping strips. I The
major issue appears to be whether the non-conforming items have since lost PNC status.- According
As pointed out below, the applicant must bear the burden of proving PNC status.
Much discussion of this site and the adjacent Matthews Motors site has focused on off-street parking. This site has an indicated 26
existing parking spaces, against a requirement of 30 (at 4 per 1,0(10 square feet of retail space). Under Section 12-103(e) of the Zoning
6207-6217 Dole St Page 1 3-30-09
to Section 12-103 of the Zoning Ordinance, three of the non-conforming items lost PNC status by
passage of time. In effect, their PNC status expired. They are: (i) outdoor lighting (expired in August
2004); (ii) screens for waste areas (expired in 1998); and (iii) minimum pervious area requirements
(expired in 1997).3 The applicant has indicated that it can attain compliance with the waste area
screening and outdoor lighting items, but the applicant has indicated that it cannot comply with the
pervious area requirements without losing parking spaces.
Table 7-3 of the Zoning Ordinance requires that sites in the C District maintain a minimum of 15%
pervious area per site. For this site, the minimum required pervious area would be 2,888 square feet.
The applicant has indicated that it can only provide 2,088 square feet without losing parking spaces.
Special exception to reinstate PNC status
Pursuant to Section 12-105 of the Zoning Ordinance, the ZBA is authorized to issue a special
exception to reinstate PNC status for any item, upon application by the owner or someone with a
substantial interest in the affected property if the ZBA finds:
(i) A substantial investment was reasonably made in the PNC item, or in reliance upon it,
and
(ii) Extension of PNC status is necessary to allow a reasonable period in which to amortize
the investment or to avoid unreasonable waste of any remaining value of the item with PNC
status for other reasons.
An extension may be for a fixed term or for an indefinite period. This section applies both to PNC
items losing status by lapse of time and to PNC items losing status for other reasons. A special
exception may allow the rebuilding, remodeling or modest enlargement of a structure which would
otherwise lose PNC status and may allow the continuation of PNC status.
In addition, Section 11-102(b) of the Zoning Ordinance requires all of the following circumstances to
be present in order to issue a special exception:
1) The ZBA has determined that 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 ZBA has determined that the proposed special exception will be in harmony with
the general purpose and intent of this section; and
3) The ZBA has made any additional findings and determinations required by a specific
provision of this section.
Burden of proof
Ordinance, PNC status would be lost if the "degree of non-conformity is increased." In this particular case, the degree of non-conformity
will apparently not increase, unless there is a change in the use of the building space or a reduction in the number of parking spaces.
s The staff interpretation of Section 12-103(1) is that the only pervious-are item that lost PNC status in 1997 was the requirement for 15%
overall pervious area imposed by Table 7-3. Under this interpretation, PNC status for lack of landscaping strips, qualified trees and
pervious islands was not lost in 1997.
6207-6217 Dole St Page 2 3-30-09
Under Section 12-101, PNC status is an affirmative defense, so it is the burden of the applicant to
prove, for each non-conforming item: (i) PNC status has been acquired, and (ii) PNC status has not
been lost. Also, under Section 11-102(c), the applicant has the burden of presenting evidence to the
ZBA and persuading the ZBA that each circumstance required for a special exception is present and
that each required finding and determination is supported by substantial evidence.
6207-6217 Dole St Page 2 3-30-09
City of West University Place
APPLICATION TO THE ZONING BOARD OF ADJUSTMENT OF THE
CITY OF WEST UNIVERSITY PLACE, TEXAS ("CITY")
Address of site: 6207-6217 Edloe Street, West University Place, Harris County, TX 77005
Legal description of the site: Matthews Market Addition, Reserve "B"
Applicant: 6203 Edloe Partners, LP
Address: c/o Wilson, Cribbs & Goren, P.C., 2500 Fannin, Houston, TX 77002
Contact: Reid C. Wilson Phone: 713-222-9000 Fax: 713-229-8824 Email: rwilson@wcglaw.net
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:
Q Special Exception.
• Exact zoning ordinance section that authorizes the special exception: See Addendum attached
• Exact wording of special exception requested: See Addendum attached
( ) 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 ( )Yes(list items here and attach them)
See Data List Attached.
Attached. The applicant has read the State and City regulations attached.
Signature of applicant: See Attached Signature Page pate: 1/30/09
For Staff Use only Date filed: 1/30/09 Date heard: 2/19/09 Docket#: 2009-01
ln,, ~E.4 ~i]2
OWNER:
6203 EDLOE PARTNERS, LP,
A TEXAS LIMITED PARTNERSHIP
BY: 6203 EDLOE MAN EMENT, LLC,
A TEXAS IMITED I I IT OMPANY
ITS GEN~RAL PA E
BY:
JAMES K. REID, MANAGER
OTHER DATA
1. Other Data List
2. Addendum to Application to the Zoning Board of Adjustment of the City of West
University Place, Texas.
3. Site Plan for Preliminary Plat (EX-2) - 6203 Edloe 6205 Edloe.
4. Plat prepared by Precision Surveyors (1/29/09).
5. Special Warranty Deed from West U., Ltd. to 6203 Edloe Partners, LP.
6. Metes and Bounds - Reserve "B"
•r ~
Addendum to Application
To the Zoning Board of Adjustment of the
City of West University Place, Texas
Applicant requests the Zoning Board of Adjustment ("ZBA") issue a special exception to extend
PNC status for the West University Retail Center located at 6207 6217 Edloe Street, in West
University Place, Harris County, Texas for the following:
(1) pervious area requirements
Please issue a special exception as follows:
Applicant requests a special exception to reinstate PNC status for:
(1) non-compliance with pervious area requirements in the C District (including
required pervious area, landscape strips, qualified trees and pervious islands in the
parking area)
This PNC item lost its PNC status due to expiration of the time period listed in Section 12-103(1)
of the City of West University Place Zoning Ordinance.
Exact Zoning Ordinance Provision which authorizes special exceptions:
This special exception is within the authority of the ZBA pursuant to Section 12-105, if the ZBA
finds:
(1) a substantial investment was reasonably made in the PNC item, or in reliance
upon it, and
(ii) extension of PNC status is necessary to allow a reasonable period in which to
amortize the investment, or to avoid unreasonable waste of any remaining value
of the item with PNC status
The extension may be for a fixed term or an indefinite term.
Exact wording of special exception requested:
(1) Non-compliance with pervious area requirement in the C District (including
required pervious area, landscape strips, qualified trees and pervious islands in the
parking area) has continued PNC status for 20 years.
Discussion:
On April 15, 2008, 6203 Edloe Partners, LP acquired a .4893 acre tract at 6207 - 6217 Edloe
Street which contains the West University Retail Center (the "Retail Center") from West U.,
o:Aclients\6979\005\zba applicationAaddendum to zba application (retail center).docl
2/5/2009 2:10:42 PM
Ltd. - J. Ray Riley. The property is in the process of being platted and, by the date of the public
hearing for the ZBA, the final plat should be approved by the Zoning and Planning Commission.
The building is over 50 years old and has continuously provided retail and service support to the
City of West University Place. The property will be renovated and upgraded to have a more
pleasing aesthetic appearance.
The Retail Center will be re-tenanted with upscale, desirable retailers providing goods and
services to the immediate neighborhood. After redevelopment, the property will provide the City
a substantial boost in property taxes and sales taxes.
The parking area for the property has been in existence fro over 50 years.
When the City's new Zoning Ordinance was passed on April 24, 1987, the property obtained
PNC status for pervious area non-compliance, as stated above.
Acquisition of the property was made without the realization that the PNC status had been lost.
Substantial investment was reasonably made in reliance upon the PNC status. Extension of the
PNC status is necessary to allow a reasonable period to amortize a portion of that investment and
to avoid unreasonable waste of the remaining value of the former PNC item.
The property has pervious area in the rear along a Poor Farm Ditch, but otherwise is covered
with building or concrete parking area. A requirement to comply with the pervious area
requirements for the C District (15% pervious area, 5' wide landscaping strips adjacent to streets
with trees and evergreen shrubs, planting of qualified trees and pervious islands in the parking
area) would eliminate valuable parking without providing a measurable drainage benefit or
substantial aesthetic benefits. The proposed redevelopment of the property will, itself, provide a
substantial aesthetic benefit to the neighborhood, but this renovation will not be possible if
parking is lost. There is no history of routine flooding in the area, and the area is believed to be
adequately drained. Full compliance with the pervious area requirements would not have a
material improvement in area drainage. A 20 year PNC reinstatement period is reasonable for
parking.
Satisfaction of Zoning Ordinance requirements for special exceptions:
The application satisfies the requirements for special exceptions set forth in Section 12-015, as
follows:
(1) The applicant is the owner or someone with a substantial interest in the affected
property. - This application is filed by the record title owner.
(2) A substantial investment was reasonably made in the PNC item, or in reliance
upon it. - Substantial consideration was paid to acquire this property with the
expectation that the building on the site was a pre-existing, non-conforming
structure and a site which was, in layman's terms, "Grandfathered" from required
\clients\6979V005\zba applicationAaddendum to zba application (retail center).doc2
2/52009 2:10:42 PM
r
compliance so long as the particular non-conforming aspect was not changed (in
this case, hardscape [parking area, etc.]).
I
(3) Extension of PNC status is necessary to allow a reasonable period in which to
amortize the investment, or to avoid unreasonable waste in any remaining value
of the item with PNC status. - The hardscape improvements are in good
condition, with significant remaining physical and economic life. The parking lot
is in excellent condition and is intended to be reused for at least 20 years with
minor cleaning, repairs and striping. A reinstatement PNC status of 20 years for
non-compliance with pervious area requirements is reasonable.
(4) No significant increase in on-street parking, substantial traffic congestion,
substantial increase in traffic or unreasonable burden upon utility systems or any
other public facility or public service will occur. - The reinstatement of PNC
status will prevent the reduction of off-street parking and otherwise will not have
any impact upon parking, traffic or public facilities.
(5) Proposed special exception will be consistent with the general purpose and intent
of the Zoning Ordinance. - The redevelopment of the property is in the best
interest of the City.
Formal request:
Applicant respectfully requests the ZBA issue a special exception to reinstate PNC status for
non-compliance with pervious area in the C District for 20 years.
g.AclientsV6979V005\zba application\addendum to zba application (retail center) do
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2/5/2009 2:10:42 PM
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' \I I" NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE
1, )VVV OR STRIKE ANY OR ALL OF THE FOLLOWING INTORNIATION FROM ANY INSTRUMENT THAT
TRANS F E RS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC
RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSI NUMBER.
SPECIAL WARE NTY DEED
DATE: April/f, 2008
GRANTOR: West U., Ltd., a Texas limited partnership
GRANTEE: 6203 Edloe Partners, LP CONSIDERATION: Cash and a note of even date executed by Grantee and payable to the order of
01 Encore Bank, National Association, a national banking association in the amount of ONE
C MILLION FOUR HUNDRED THOUSAND AND 00/100 DOLLARS ($1,400,000.00). The note is secured
by a first and superior vendor's lien and superior title retained in this deed and by a first lien deed
of trust of even date from Grantee to L. Anderson Creel, Trustee.
i► PROPERTY (including any improvements and structures constructed thereon): As more
particularly described on Exhibit A attached hereto (the Land) and all rights, titles and interests
appurtenant thereto, together with all right, title and interest of Grantor, if any , without warranty by
or recourse to Grantor, in or to any and all roads, easements and streets bounding the Land, and
rights of ingress and egress thereto; and any and all rights, titles and interests of Grantor
appurtenant thereto, including, without limitation, (i) any reservations and privileges recorded or
unrecorded instruments benefiting the Land, (ii) any strips, gores, and alleys adjacent to the Land,
(iii) any reversionary rights attributable to the Land, and (iv) any condemnation awards made or to
? be made in lieu thereof, and any awards for damage to the Land by reason of a change or grade of
any highway, street, road, or avenue.
RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY: As described on
Exhibit "B" hereto.
Grantor, for the consideration and subject to the reservations from and exceptions to
conveyance and warranty, grants, sells, and conveys to Grantee the Property, together with all
and singular the rights and appurtenances thereto in any wise belonging, to have and hold it to
Grantee, Grantee's heirs, executors, administrators, successors, or assigns forever. Grantor binds
Grantor and Grantor's heirs, executors, administrators, and successors to warrant and forever
defend all and singular the Property to Grantee and Grantee's heirs, executors, administrators,
successors, and assigns, against every person whomsoever lawfully claiming or to claim the same
or any pant thereof, except as to the reservations from and exceptions to conveyance and
warranty, by, through or under Grantor but not otherwise,
When the context requires, singular o ns an ronouns include the plural.
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T,jiis instrument was acknowledged before me on April, 2008 by
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on behalf of West U., Ltd,, a Texas limited partnership. L
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Fxf r BIT "A" ~
Being a trncl or pnrcel conlalning 0.4893 ncre of land situated in ilia A. C. Reynolds
Survey Abstract Number 61, Harris County, Texas, out of that ccrtnin Traci I and Tract II
of record under Harris County Clerk's Pile Nuutbcr (II.C.C.F. No.) K544880, said 0.4893
acre tract being more particninrly described as follows will all beorhlgs referenced to
sold heels of record under H.C.C.F. No. K544890:
Commencing for reference at the Intersection of die north right-of-wny line of University
Boulovnrd (100 feel wide) and the cost right-of-way line of Edloe Street (60 feet wide),
fbr ilia southw•eal corner of tltnt eertoln called 0.4448 acre tract of record under I I.C.C.F.
No. Y252914;
Thence, NORTH, along sold east rl8hl-of way line, 125,00 feel to nn Iron rod set for Ate
coronton southwest corner to said Tracl.l, lite Point Of Beginning of the herein described
tract and the nonhwasl corner to said 0.4448 acre tract;
Thence, NORTH, continuing along said cast right-of-way line, at 75.00 fed iiiisslog tile
common west corner to said Tract I and Tincl 11, In all a dislenco of 137,50 feel to an "X"
out In concrete for Ilia conoton norlbival comer of the herein described tract;
~~yy Thence, FAST, at 135.00 feet passing nu Iron rod set in line west title of that certain
E." Hnr(l% Cnunly Flood Control District Drainage Easement (Uni( DI 11.00.00), In all a
distnnco of 155.00 feel to the northeast corner or the herein described tract, In the west
)Ine of West Universlty Pork a subdivision of record In Volumo 9, Page 13 of the Harris
County Map Records, Harris County, Toxas;
4 Thence, SOUTII, along sold Uoil DI I1.00.00, at 62.50 feet passing the common cast
I corner to said Tract II and Tract 1, in nil n distance or 137.50 feel to the common
soulhenst corner of said Traci 1, die heroln described tract and Ile noriltenst corner to said
0.4448 acre tract;
MI
Thence, WEST, along the south lhic of said Tract I, at 20.00 feet passing nn iron pipe
II found In the west )line of sold Unit DI 11.00-00, hn nil n dist8nee of 155,00 feel to the
Point Of Boghming and containing 0;1893 ncre orland.
See drnwing ntiached
~ry 0 Daniel King
IVg P Professional Lnnd Surveyor, No. 4764
March 17, 2008
Job No. 08.02648A
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NASMK\7499001\Special Warranty Deed.doc 3
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1. Rights of lessees under the terries of any unrecorded leases.
2. An easement for a drainage ditch approximately IS feet wise along the east property line
granted to Harris County Drainage District No, 12 by instrument recorded in Volume
1383, Page 320 of the Deed Records of Harris County, Texas.
3. Easement dated March 4, 1939, given by W.D. Haden and D.T. Austin, to the Houston
Lighting & Power Company for the purpose of maintaining power and light lines on the
east side of the subject property as referred to in instruments recorded in Volume 1520,
Page 91 of the Deed Records and in Volume 1545, Page 147 of the Deed Records of
Harris County, Texas.
4. Zoning ordinance of the City of West University Place as reflected in instruments
recorded in Volume 1075, Page 485 of the Deed Records of Harris County, Texas.
5. The following matters as evidence by the survey prepared by Daniel King, of Precision
Surveyors, Inc., R.P.L.S. No. 4764, dated March 4, 2008; a fence does not follow
property lines and power poles and overhead power lines.
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(fi RECORDER'S MEMORANDUM:
At the time of recordation, therbest p
found to be in" hotonraPhi
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reproduction because of ills9e
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to copy. discolored Paper. A
additions and changes were present at the time
the instrument was filed and recorded.
ANN PROMON HEREIN WHICH RESTRICTS THE SALE, RENTAL, OR L& OF THE DESCRIBED REAL
y PROPERTY BECADBE OF COLOR OR RACE SMNALID AND UN
THE STATES OF TF.XAEi ENPOACFtBLEDN[ER FEDERAL UYR
COUNTY OF HARRIS
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APR 2 1 2008
COUNTY CLERK
HARRIS COUNTY, TEXAS
NASMK\7499001iSpecial warranty Deed.ctoc 4
• •
LEGAL DESCRIPTION - RESERVE "B"
Being a tract or parcel containing 0.4893 acre of land
situated in the A. C. Reynolds Survey Abstract Number 61,
Harris County, Texas, out of that certain Tract I and Tract II
of record under Harris County Clerk's File Number
(H.C.C.F. No.) K544880, said 0.4893 acre tract being more
particularly described as follows with all bearings
referenced to said tracts of record under H.C.C.F. No.
544880:
Commencing for reference at the Intersection of the north
right-of-way line of University Boulevard (100 feet wide) and
the east right-of-way line of Edloe Street (60 feel wide), for
the southwest corner of that certain called 0.4448 acre tract
of record under H.C.C.F. No. Y252914;
Thence, NORTH, along said east right-of-way line,
125.00 feet to an iron rod set for the common
southwest corner to said Tract 11 the Point of
Beginning of the herein described tract and the
northwest corner to said 0.4448 acre tract;
Thence, NORTH, continuing along said east right-of-
way line, at 75.00 feet passing the common west
corner to said Tract I and Tract 11, in all a distance of
137.50 feet to an "X" cut in concrete for the common
northwest corner of the herein described tract;
Thence, EAST, at 135.00 feet passing an iron rod set
in the west line of that certain Harris County Flood
Control District Drainage Easement (Unit D 111 -00-
00), in all a distance of 155.00 feel to the northeast
corner of the herein described tract, in the west line of
West University Park a subdivision of record in
Volume 9, Page 13, of the Harris County Map
Records, Harris County, Texas;
Thence, SOUTH, along said Unit D111-00-00, at 62.50
feat passing the common east corner to said Tract II
and Tract 1, in all a distance of 137.50 feet to the
common southeast corner of said Tract I, the herein
described tract and the northeast corner to said 0.4448
acre tract;
Thence, WEST, along the south line of said Tract 1, at
20.00 feet passing an Iron pipe found in the west line
of said Unit D 111-00-00, in all a distance of 155.00
feet to the Point Of Beginning and containing 0.4893
acre of land.
cent o t"
Energy
Houston
January 29, 2009
Precision Surveyors
14925 Memorial Drive, Suite B 100
Houston, Texas 77079
Re: Preliminary Plat Matthew's Market
To Whom It May Concern:
CenterPoint Energy Houston Electric, LLC and CenterPoint Energy Resources Corp., d/b/a
CenterPoint Energy Texas Gas Operations, has been asked to provide a Letter of No Objection for
the above referenced plat dated November 2008.
At this time, CenterPoint Energy has no objection associated with the utility easements as exhibited
on said plat.
In cases where utility easements are overlapping with drainage or other specific or pre-existing
easements, CenterPoint will require exclusive easements.
Upon completion of CenterPoint's facility designs, dedicated utility easements may be determined
inadequate by CenterPoint Energy. In these cases, the developer, his successors or assigns, will be
required to provide CenterPoint with exclusive easements.
This letter does not give consent to any abandonment of pre-existing easements, roads, alleys or
street right-of-ways. Abandonment of any of the above requires a fonnal review, consent and closure
process.
If there are any questions, please contact Jenay Cotterman at 713.207.6361 or Mark Kouwe at
713.207.6380.
Sincerely,
i
J Cotter man
Contract, Associate Right of Way Agent
C: Keith White (kwhite@precisionsurveyors.com)
PLR09.016
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EASEMENT
GRANTED TO THE
HOUSTON LIGHTING ~ POWER COI
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DATE L. 3
RECORD
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Cbu»t~f of $OMA,
..the Undersigned; herd inter. called "Proi~y • Owners" (whether one. or tnora),
are the ownera,of certain lots'." parcels of viand situated and baited in HarrJs C. MV, Texas,
described as follows:
f ♦ 103.4l.atarr trwot. of laird in the: _ Reynolds Sur»y, Abartraot $o. 6 ~
0 tt~asritt.d.~in died datsd Psbtulary b,. 1924, froul MAU. A. Wood, of uxi to W. ,3.
Fgdaii; dud A•"7r..Austtn, sad baing of record
min AoL 5" . page 219 , of the laded
Records of will County,; lads
W96s Bou4ton Lighting ati Power Compactly, a Texas orporat{on. hereinaftez'ciltad
"Company n desired to construct, maintain and operate olectrie light and power Unes, with all o
eaaary er desirable appuitenances, ineludinZ but not by way of limitation, undimr,und cond~
poleesa,, W.-ars,.wsres, etc., oiret; under rind ueioas:fbiit~ar~ of s><Ia.proyerty,liePeina.xr descx ,
is lrhi, of 0," for the Purpoft of PpW4 olectriclty for tight, power acrd 90w.pu
to sail partiervpe~=IdrescTels Part of said proyerty, and desires to have xta th"S acm",to saidzRtig~ht
of Was, far in connection with said lines without having to cross or enter upea.alay
part of the a bed property outside ol:aatid 1i3t[ht of W}Y; and
Wlneaue ts, it is to the interest of the Proper that "such.lines be go constructed; main
twined and operated on said Might of Way, snit . t the Company, shall have. such access at all
tunes to said Right of Way;
Now. T3 owe. in eonsiderstion-of the vremlms and of the anntu%t4Jiwnte to bq 00
by the Property Owners and the Company, >from: t+m co.etaP.n,:mairifti4uoe and G~pe1`atl~d8': of
said lines on said , i:aua Way, the Property.Owners anti the Company hereby rautuaUY azree W
and between themselves and the Property Owners mutually av,3e amqug thmnselves, as follows. ;
L The Property Owners hereby give and'-grant-to, the C041100W the right to ranstrllat, M1911f.
rain, rewustruet, repair and operate electric light and power lines with all ueccMary;ordWrsble
appurtenances, including, but not by way of liusitatidn, node-iatround conduits, polo, tawers, wires,
tc for the parpose of supplying electricity, for tight, power and all other pnrpo4ea to all p>wrtiea
e9,1
using any part of said premises, over, under and aer" the following part of the above deeSrIbed
T
premises:
s
times to said Hight of Way;
VuW, -l Htneroxg, in consideration of the premises and of the mutual benefits to be iitYived
by the Property Owners and the Company from the conatrutuon, maintenance and oyEratfou of.
said lines on said Right of Way, the Property Owners and the Company hereby mutually agree by
and between themselves and the Property Owners mutually agree among themsp lves.as follows:
L The Property Owners hots' - abd grant to $-he Company the right to eons L;t,..J is .
tain, reconstruct, repair and operate .rlc light and power lines, with all necessary or 4bslr*la
ippartensucco, including, but not by ~ of limitation; underground canduita, p0184. towers, „ • wa"i
etc., fot_t purpose of supplying electricity Zr llght power and all other purposes to all srt[so
using sx~y Bwt of said premix-ea, over, under and screw the following part of the above described;. r?{;'
per' ~,s
51N A'W.M:71.
a+ An.gnobDtm tod ground easemect lying between the sent line of ani8 tract of
land.-" a line 130 test, asst of and parallel to the east li.ns, of. &1106
9ttvst,and salaa,titro*t produosd north from the south line of said property
:ewers land .north 't0 a point $0 felt north oP. the north.,xinse of P'akrshing.
plans Section No. 0#0 produobd ;West, and' an uavbstruotsd aerial 400*ap-t 5
feet wide froia x plane 20. j*s above the ground. upward parallel hest of and
1. a~.d,~aotnn to' said-grou~ict .arpa~at.:
S. fri unob0tr:'.atsd ground easement. l0 feet tide, 'tine' osnter dais of whiah,is
a prolongatioa..it the north line of Slook No.'2 of said Perstdag Pleas .
aection No. I produced rant from thr ,art line of Said block to toe east
Line of said traot of land, and an unobstructed aerial eae*mOut ?.0 fart
bids from a plaue•20 fee6 above. the ground upierd *entered on the 10 toot
_ gjrqun~ - AnressNat. '
a tuaobatru0tod. i~lvi *'s' !>etnt 5 feel xli4• naa°tk 0#y pa silsl~ aufd adjsoont
to.;ffis »orth Iipe of said.8laak i~a, 2 at Psrsh p s sroLiaa;sro ;l,aad
an:ua4bstruoted°.abriaT, raas enL 5: test lids fro*c;!a ylanr,:20 legit' a7iovs tbs
41
growpd upward loast~d forth of, 1>+u'#llel:ar}d a4Taasa4 .pD said 5 te,?t
v _ q!
r llw ~a,YnDb,~trilated $ralir3'+ysale~x l0 ,Cest'.#ide, tb•,4srri sa'..].11]e v~`. doh ~s-
1t y oiPrliG!k}0?r`rot hs aortk ids, of $loak:' Ho.2 ' of, said Psral►ils;_ 1iSa►oi
Sidtion ,lio 1 pr oduoed sari fir{ici t} c w}at 10e oi: sal ii lilook tb:°tAe +ws
lttu oY said treat of Isnd, arA Kh uaabiztruatrd secria2 ~lassmant.,2 i~s6t _
r~ Zraw~ af~tiri7 fic6t above; the gciUgS ppnYnrc~r. D~ctee~s~t pn the .14 pooh
gx'On7N3..4ftf4tsant `e.
ty
i~~ ~'r ,~q,3►aobsdrlwtai ~C4uiul'~rj& ` .r X0 fes3. w•J.~la Dn .1Yld i4o2'sSIIf••1t11K ~saZ aids.
o= sax,ZcGo- r3+iL:dtcz-tip: ~r* •!wK lYns »x' rdticon~}srs6t
pK~tsto~ east, nsrtYi-tac~~a aouits:.J.i<np "'.~`apny;rosr Btrx3..,prn{i.s ~,t~
or. uilobettrii0to4_i isl esiYemqut 5 <fsst- s~;de troa a R1dnb. 20 tent' altovs
a;hg ground -p cu .1o0i4L!d: sgat a!' and ud4lacant -t said t0 foo,;,ground ease
r F F Aa uibbstruofad ,g'r94 404m-ant 10'f4 ~ldel~ t3l0 osnt~':. be, of wiliir i:f
h p olorigetioia of #tte aoutih line of >110ck. 80.~ of said gersking i'laaa
> 2a►tigd No. 1 produced cart 3rd ins wct YInA at saitt blaoY ~to,th~ rrsat
l3rib~s_* aef#. trJ<at ~ ~?"da .xct_an unobstruated aisr~a}: i1:u1r>sint ;2a r.lrr~ ~ ;
_ Fide frai8° plana,:2Q t.yt: s6Dx. ".flab's upwcrA, 4elstae. iii tl}s 20 3~gtr
` ~`Gt3Yad ggGGirldpt r r-z
dt-
.t
rv.
-
i.
(herefa ealted'Tftht of WWI.
2 The Company, Its agents, employ t s ssid atsvintishati a-t;Pj1 as:iiave acceaai to's>4ia ilasat.
of Vr Ny for nil pn3I' ami tho Company xf=ali P# fie Hahle'for:aux dtwli cn.8wie by it or by°anr
of its event s, employes and eervsntis fo un~ Moerly of the Prop's' Ovviaem ''situated vi lthiny" dii,
over or under said Bight of Way. Thr. Property Owners 'shall 1Z piaca ,y improvements or
property of any character whsteoevar within, on or over eny part.of'the Riftht 0 W4y. p► d dull
A~
w
i
i
3 The Company shall at all times have the right to fell or trLa any trees or bush and to
remove any other obstructions projecting over or upon said Right of Way, whenever the Company
deems it necessary or desirable in connection with the construction, mrdntensnce, reconstruction,
repair or operation of said lines.
d. The Coiapany agrees to ass- all responsibility and liability to persons not parties to
this agreement incident to the construction, maintenance, reconstruction, repair and operation of
said lines, and the Property Owners shall not be IiAle or responsible therefor.
B. The rights herein given and granted to the Company in and to the whole of said Right•of
Way shall remain vested In the Company for twenty-five years from the dote hereof, and "as long
thereafter as the Company shall have or maintain any of said tines over, under or across said
Bight ^f Nury. or one rprt tbertof,
S. Ajgy release by the Company, howsoever effectuated, of its rights in any part of the
Right of Way shall not affect its rights as to the remaining parts of the Right of Way.
7. The Property Owners hereby reserve the rI0.t to grant similar rights as to said Right
of W to other parties for the purpose of supplying Sae, water, sewerage and telephone service
to aai~prayorty. ,
8. The privileges and obligations. hereof shall Inure to the benefit of and be binding upon the
heirs, Iegal reprnaentatives, successors any s ~f:n of, the parties hereto.
Whed this Instrument Is executed by one parson only as "Property Owners," it shall be con-
strued as though "Property Owners" were written as "Property Owner," and words In their num-
ber were changed to correspond.
IN Y'ts, =XONY WMZ=P, said Property Owners have caused these presents io be signed, and
said Company baa canned same t:) be signed in its mane by its President and Manager,
and its coocrate seal aHia this contract being executed this-.._-.~ - day *f
198-
PROPERTY OWNERS
RAKE ADDRM
_ p,",v,u': .',3 s'1Y'i.°,m l A n~,co~ ~.....»..~.a.1~ t7• A..1 n Fs't^wg.
-BSI-~' 0 ` ~ _ TAT6ap
r o ru onaLan,
COUP~~ANX
KO♦4fU 61C iI ✓ir ANY
~ , PYBBif}a7{~ Q dl6fttiyeY.
ATrM*
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y. L011Ij1°r08.. S 1. y jar : .
Notary Pab&
FFFORE ICJ,
t is d0.v PeonsllT'sf►Td
~Yuxw ~~y~ ` 0»P:r aerw i~•Rom owed o .D.Hsdea•
\ - . .A..
knb my W: ,,00:bo the 3k /p wlwae acme/ztamcs !a/Pw rihpprrw to 60 foregoing
IxpExumet:t, and-,ac3mowiedged to me that _hs-............................. .....exeeuted the name for the
and 66nataerat3tsn therein expretsaed
GIVEN UN-DE a MY HAND AND SEAL. OF t)FFICE thia........... H ,
day of._............................. ~b A D. 19_39....
1" ~ Pte} _ :1;~...rc•.:.=-:a.:
Notary t+Ia ..............«........a-............ C•ouxty. Tazuu
3TAT OF:~... .
'r... ,
,.ICata~a hiSC
a:>:.; Ba~tiFORF. l1tE
in and fcr..« Couats, xe~ae, on thin daysvnai~ appeared
= -.mown to me to be, t7ie p?teonleereons
mhoae aame/names isl~are snbacsibe3 to th. fforWin8 ont and s¢knowledged to ma dull
nnut*_+-! the 1!xm6 for the omrnoeea and..coudderaUou therein
GIVEN UNDER MY HAND AND SEAL OF OFFIC>r
day cf........_...._ A D. 19
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Wilson, Cribbs & Goren, P.C.
A t t o r n e y s a t L a ~v
CIIERYL A. CLARE Direct: (713) 547-8519
Sr. Paralegal Email: cclare pwcekiw.net
Commercial Real Es1we
February 2. 2009
Harris County Flood Control
Attn: Mr. Richard Weber
9900 Northwest Freeway
Houston, TX 77092
Re: Matthews Market, City of West University Place, Texas
Dear Mr. Weber:
This Firm represents Stockard Realty Partnership, Ltd. and has been informed by
Keith White of Precision Surveyors, Inc. that the Harris County Flood Control ("HCFC")
has verbally agreed that it has no objection to the Drainage Reserves C and D (the
"Reserves") shown on the proposed plat submitted by our client to the Planning and
Zoning Commission of the City of West University Place, Texas. We are requesting that
a letter of no objection stating that HCFC does not object to Reserves be prepared and
addressed as follows:
Precision Surveyors, Inc.
14925 Memorial Drive, Suite B-100
Houston, Texas 77079
Since the plat is already submitted, timing is urgent. Thank you in advance for
your assistance with this matter.
Very truly yours,
Cheryl A. Clare,
Sr. Paralegal
2500 TANNIN STREET • HOUSTON, TEXAS 77002 • MAIN: (713) 222-9000 • FAX: (713) 229-8824
320
1 that I am a duly commissioned, qualified, and authorized notary public In andfor the Harris
2 County Texas , and that Randolph John 5pelch, grantor in the foregoing Power of Attorney, dated
3i June 5th, 194F, and hereto annexed, who is personally well known totme as the person who executed
4' the foregoing Power of Attorney, appeared before me this day within the territorial limits of my !"1
5 authority, and being first duly sworn, executed said instrument after the contents thereof had
I,
61 been read and duly explained to him, and acknowledge that the execution of said Instrument by
I
7 him was his free and volumtary act and dead for the uses and purposes therein set forth.
s In witness whereof, I have hereunto set my hand and affixed my notary seal this 5th day of June
91; 1945, nineteen hundred and forty- (194 A. W. Heinze, Notary Public, Harris County, Texas,
01, xY commission expires June let, 1947. (Seal)
1i Filed for record June 5, 1945 at 3:50 o'clock P.M. Recorded Sept.25, 1945 at 2:10 o'clock P.M.
12.: W. D. MILLER, Clerk, County Court, Harris County, Texas. By Deputy
13 - - - - - - - - - - - - -
4 No. 252292
1;: W, D. Haden et al To Harris County
16Easement
17. State of Texas, County of Harris, Know all men by these presents:
181I~i That we, W. D. Haden, of Galveston County, Texas, and D. T. Austin, of Harris County, Texas, A
q ...i
11) for and in consideration of the benefits to be derived, and of one dollar ($1.00) in hand paid
2011 by Harris County Drainage District No, 12, a public corporation, hereby grant to said Harris
`21 County Drainage District No. , an easement or right to construct a drainage flitch along the
1221 east boundary line of the property now owned by us in the A. C, Reynolds Survey, from the San
123 Antonio & Aransas Pass Railway southwardly to the north boundary line of the tract of land owned
211 by the Crain Ready Out House Company, lying along Bellaire Boulevard, the extreme South end of
25.: our tract being about _ feet from Bellaire Boulevard, said ditch to be constructed substantially
26 as follows, to-Witt The center of the ditch shall coincide with the
27 west line of a street laid out by the Houston West End Realty Company, along the *met line of
i
23'k our property, so that the ditch when completed will lie one-half upon the propertyof the
29'1 Houston West End Realty Company and one-half upon our property, except that where the ditch is
301! laid out north of West 11th Street, the same shall be laid out two-thirds upon our property
l running from a point opposite West llth Street north to the San Antonio & Aransas Page Railway
3 tract, and one-third on the right-of-way of the county road. Bald ditch when
,331 oonstructed shall be approximately 30 feet wide on the top, and shall be properly constructed as
34, to depth and elope. The right is further given to deposit one-half of the dirt coining out of the
351 out upon our land ad,Jacent to said out, at such distance from the ditch, in accordance with
-1 proper engineering practices, so that the same will not be washed back into the ditch,
provided
37I that north of 11th Street all of the dirt shall be deposited on our property west of the ditch.
'jH It IS specifically understood and agreed that of that
.
portion of our property acquired from B.C.
39 Diesen in a bract of 48.06 acres, prior to our
purchase certain lots had been sold in said
40 tract. In so far as this ditch may affect any of these lots sold, we do
41
not undertake to grant any easement, and we especially limit thie Instrument to land owned by
42
us, but if we Subsequently acquire these lots then this easement shall cover them. The right-
of-way or easement herein granted extends along the entire east line of our property in a north
a4
and south direction. It is understood and agreod that this instrument conveys a right-of-way
4.5
or easement only and that no title of any sort passes to the District, except as herein set out.
a6 +
Witness our hands this 20th day of June, 1924. W. D. Haden D. T. Austin. 1 V
ar
State of Texas, County of Galveston, Before me the undersigned
18
authority In and for said county and state, on this day personally appeared W. D. Haden, known to
Cieck's Nam-An. 4606.
t me to be the person whcse name is eubecr_'ted .-,roc _-.str.-Ine-.t n- wr tinz e-.1
acknowledged to me that he executed toe ea- L. the -r2,osee an' c%ne_deratior. therein ex_-resse_•
Given under my hand and seal of office t is 2Cth AEV of June 1924,
L, R. Direke, Notary Public, Gr-.-'vestof. County, Texas. (seal)
I
State of Texas, County of Harris, Before me the undersigned authority
e'p in and for said county and state, on this flay personally appeared D. T. Austin, known to me
7~ to be the person whose name is subscribed to the foregoing Instrument of writing and acknowledged li
i
3J to me that he executed the same for the purposes and consideration therein expressed.
~f Given under my hand and seal of office this 25 day of June 1924.
101 W. W. DRvia, Notary Public, Harris County, Texas. (seal) III
i
n' Filed for record June 5, 1945 at 3:5 c,
~a 0 o'clock P.N. Recorded Sept.2:, 1945 at 2:40 o'clock P. M. II
W. D. MILLER, Clerk, County Court, Harris County, Texas. By_.~~_ _Deputy j
- - - - - - - - - - - - - - is
No. 25220?
i1 Bessie Allen To F. A. Hunter
Deed
17~, The State of Texas, County of Harris, Know all men by these presents:
to That I, Bessie Allen, a feme sole, Individually and as Independent Executrix of the Estate of II'
iv Samuei Milton A_1en, deceeeed, of the County of Harris, State of Texas, for and In consideration
'n of the sum of ten and no/li0 dollars (410.00) and other good and. valuable considerations cash
to me in hand paid by F. A. Hunter, the receipt and suffieleney of which are hereby acknowledged
212 and confessed, have granted, sold and conveyed, and by these presents do grant, sell and
2' convey unto the said F. A. Hunter of the County of Harris, State of Texas, all that certain lot,
?t. tract or parcel of land, together with all lmprovements thereon, lying and being situated In the
County of Harris, State of Texas, described se follows, to-wit: Lot le
2~ in block 23 of Golfereat Addition to the City of oustor., in Harris County, Texas, according
27 i
to the map thereof recorded in Vol. 12, page 2 of the map records of Harris County, Texas, j
To have and to hold the above described oremisee, together with all and singular the rights and 'I
appurtenances thereto in anywise belonging, unto the said F. A. Hunter, his heirs and assigns
3o forever, and I do hereby bind myself, my heirs, executors and administrators to warrant and
A forever defend, all and singular the said premises unto the said F. A. Hunter, his heirs and I
''3I assigns, against every person whomsoever lawfully claiming or to claim the same or any pact thereof;
Executed this 19th day of April, A, D, 1945. Bessie Allen (Stamps Can. 61.10)
y~ +11 The State of Texas, County of Harris, Before me, the undersigned authority,
on this day oerecnally appeared Bessie Allen, a feme sole, Individually and as Independent
Irv Executrix of the Estate of Samuel Milton Allen, deceased, known to me to be the person whose
name is subscribed to the foregoing instrument, and acknowledged to me that she executed the
1l
I
same for the purposes and consideration therein expressed.
vl,
Given under my hand and seal of office, this 24th day of April, A. D. 1A45, it
w
Phtl H. Reed, Notary Public in and for Harris County,
orris Count Tezae. (seal)
12i Filed for record J,ine 5, 1945 at 3:50 o'clock P 1! Recorded Sept.25, 1945 at 3:15 o'clock P. M. 'i
W. D. MILLER, Clerk, County Court, Harris County, Texas. By Deputy
i
- - - - - - - - - - - -
ttl
I 2522';li
151 No.
~i
GI Elzy 0, Hughes at ux To R. L. Sanford at ux
Deed Etc
The State sf Texas, County of Harris, Know all men by these presents:
That 1, Elzy 0. Hughes, and wife, Lula Hughes, of the County of Harris, State of Texas,
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7 ~ •
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. Acquiring 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
J •
§ 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 yard encroachments. A structure located in a yard (or "setback" area) in
apparent violation of Table 7-2 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
Supp. No. 5 CDA:68
APPENDIX A-ZONING ORDINANCE § 12-103
purposes, except as to non-compliance with framed area regulations (i.e., in case of
such a 51% or greater loss, PNC status for non-compliance with framed area
regulations is lost). For this purpose, "replacement cost" is determined by standard
cost levels for similar structures as most recently published by the Southern Building
Code Conference International "SBCCI") or similar agency. See, e.g., the SBCCI's
internet publication of "Building Valuation Data," which provides average construc-
tion costs per square foot, by type of construction and occupancy group, with factors
to modify those costs for the Houston area. The ZBA may issue a special exception to
allow such a structure to be rebuilt and retain PNC status, if the ZBA finds: (i)
rebuilding is necessary to avoid substantial economic waste and economic hardship,
and (ii) there will be no substantial adverse effects of the rebuilt structure.
(d) Violation of special conditions. If a PNC item was specially authorized by a
zoning ordinance of the City or by a special exception, variance, permit or other
authorization, and if the terms or conditions of the authorization are violated, the
item loses PNC status.
(e) Degree of nonconformity increased. A PNC item loses PNC status to the extent
that the degree of nonconformity is increased (or to the extent that the non-
conforming area is expanded).
Exceptions:
(1) This provision does not apply to the initial work on those structures treated the
same as structures in existence on a given effective date pursuant to the
provisions of this Article (i.e., "work under construction" and "other committed
work").
(2) If a principal building in a SF District acquired PNC status on an effective date
because of a non-conformity with a new side setback or side yard requirement
on one side of the building site, the building does not lose its PNC status with
respect to that specific nonconformity (on that same side of the building site)
if the nonconformity is expanded or increased as a result of a remodeling
project and the gross floor area of the principal building has not increased to
200 percent or more of its gross floor area on the given effective date. A
principal building so remodeled has the same PNC status as the original
building with respect to the side setback or yard requirement on the same side
of the building site where the original nonconformity was located, but this does
not apply to any new nonconformity (on the other side or elsewhere).
(3) If the PNC item is a shortage in off-street parking spaces serving a building,
PNC status is not lost by a change in the building if the increase in the number
of required spaces resulting from the change is provided, on an incremental
basis.
(f) Garages. If the PNC item is non-compliance with garage regulations, PNC
status is lost if. (i) an existing garage is removed, destroyed or converted to a
non-garage use, or (ii) space is added to the principal building so that its gross floor
area is increased to 200 percent or more of its gross floor area on the 1987 effective
date.
Supp. No. 5 CDA:69
§ 12-103 WEST UNIVERSITY PLACE MUNICIPAL CODE
(g) Driveways. If the PNC item is non-compliance with driveway regulations in an
SF District, PNC status is lost if (i) a new driveway is constructed, (ii) an existing
driveway is either replaced or expanded, or (iii) space is added to the principal
building so that its gross floor area is increased to 200 percent or more of its gross floor
area on the 1987 effective date.
(h) Building site dimensions. If the PNC item is non-compliance with one or more
of the required minimum dimensions of building sites (Example: minimum dimen-
sions of 75 by 105 feet in the SF-2 District), PNC status is not lost as to any dimension
unless it is brought into compliance. Any such non-compliant building sites may be
improved by any construction, reconstruction, expansion or other project otherwise
lawful.
(i) Passage of Time. The following PNC items lose PNC status upon the expiration
of the time periods indicated:
PNC Item Time Period Special Conditions
Use of a building site in an SF District Ten years from the 1987 effective date
for business activities
Presence of more dwelling units than Ten years from the 1987 effective date PNC status for space which qualifies
allowed in an SF District. as conforming accessory quarters is
not necessarily lost.
Use of a building site by more than Ten years from the 1987 effective date
one family in violation of SF District
use regulations _
Outdoor lighting in violation of Article Time period ending on August 31,
8 2004
Lack of special screens in violation of 160 months following the 1987 effec-
Article 8 (waste storage or loading) tive date
Non-compliance with pervious area Ten years following the 1987 effective
requirement in the C District. date
Non-conformance with building regu- Time period ending on October L 2008
lations by a canopy or similar object
designed or used to shelter a motor
vehicle, a boat or similarly-sized items.
(Ord. No. 1770, 7-26-2004; Ord. No. 1873, § 1(ex. A), 4-28-2008)
Section 12-104. Work To Achieve Compliance.
The administrative official may issue a permit with a specific condition requiring
that a PNC item be brought into compliance if: (i) the item has lost PNC status or will
soon lose PNC status, (ii) substantial work is necessary to achieve compliance, and
(iii) the person in control of the property demonstrates both the willingness and the
ability to achieve compliance. It shall be an affirmative defense in any proceeding to
enforce this ordinance with respect to the PNC item that: (i) such a permit was issued,
and (ii) work to achieve compliance is prosecuted diligently.
Section 12-105. Special Exceptions To Extend PNC Status.
The ZBA may issue a special exception to extend or reinstate PNC status for any
item, upon application by the owner or someone with a substantial interest in the
affected property, if the ZBA finds: (i) a substantial investment was reasonably made
Supp. No. 5 CDA:70
APPENDIX A-ZONING ORDINANCE § 13-100
in the PNC item, or in reliance upon it, and (ii) extension of PNC status is necessary
to allow a reasonable period in which to amortize the investment, or to avoid
unreasonable waste of any remaining value of the item with PNC status. An extension
may be for a fixed term or for an indefinite period. This section applies both to PNC
items losing status by lapse of time and to PNC items losing status for other reasons.
A special exception may allow the rebuilding, remodeling or modest enlargement of a
structure which would otherwise lose PNC status and may allow the continuation of
PNC status.
ARTICLE 13. ENFORCEMENT
Section 13-100. Certain permits.
Except as provided below, a permit is required for each of the following:
(1) The erection, moving, construction or alteration of any structure within the
City.
Supp. No. 5 CDA:70.1
s1
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
March 30, 2009. The hearing may be recessed and continued to a ZBA meeting set to begin at 6:30
P.M. on April 16, 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: 6207-6217 Edloe Street, West University Place, Texas 77005
Legal description of the site Being a tract or parcel containing 0.4893 acre of land situated in the A. C.
Reynolds Survey Abstract Number 61, Harris County, Texas, out of that certain Tract I and Tract II of
record under Harris County Clerk's File Number (H.C.C.F. No.) K544880, said 0.4893 acre tract being
more particularly described as follows with all bearings referenced to said tracts of record under
H.C.C.F. No. 544880: Commencing for reference at the Intersection of the north right-of-way line of
University Boulevard (100 feet wide) and the east right-of-way line of Edloe Street (60 feet wide), for
the southwest corner of that certain called 0.4448 acre tract of record under H.C.C.F. No. Y252914;
Thence, NORTH, along said east right-of-way line, 125.00 feet to an iron rod set for the common
southwest corner to said Tract 1, the Point of Beginning of the herein described tract and the northwest
corner to said 0.4448 acre tract; Thence, NORTH, continuing along said east right-of-way line, at 75.00
feet passing the common west corner to said Tract I and Tract II, in all a distance of 137.50 feet to an
"X" cut in concrete for the common northwest corner of the herein described tract; Thence, EAST, at
135.00 feet passing an iron rod set in the west line of that certain Harris County Flood Control District
Drainage Easement (Unit D 1 1 1-00-00), in all a distance of 155.00 feet to the northeast corner of the
herein described tract, in the west line of West University Park a subdivision of record in Volume 9,
Page 13, of the Harris County Map Records, Harris County, Texas; Thence, SOUTH, along said Unit
D111-00-00, at 62.50 feet passing the common east corner to said Tract II and Tract I, in all a distance
of 137.50 feet to the common southeast corner of said Tract I, the herein described tract and the
northeast corner to said 0.4448 acre tract; Thence, WEST, along the south line of said Tract I, at 20.00
feet passing an Iron pipe found in the west line of said Unit D 111-00-00, in all a distance of 155.00 feet
to the Point Of Beginning and containing 0.4893 acre of land.
Docket No.: 2009-01 Applicant: 6203 Edloe Partners, LP, A Texas Limited Partnership, James K.
Reid, Manager
_,Rt)!) i'niv~r~ity E3oule,ar1 • West C`~iver;;rv Pla"'r_. T Xas 77OJ)7-'899 • 7L~•608's I441 0
.~tw we.etu.ur~
713A docket 2009-01
Action Requested: Applicant requests a special exception as provided in Section 12-105, Special
Exceptions to Extend PNC Status, Appendix A of the Code of Ordinances to reinstate PNC status for
non-compliance with pervious area requirements in the C district (including required pervious area,
landscape strips, qualified trees and pervious islands in the parking area). This PNC item lost its PNC
status due to expiration of the time period listed in Section 12-103, Losing PNC status (i) Passage of
time, Appendix A of the Code of Ordinances.
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.
In compliance with the American Disabilities Act, if you plan to attend this public meeting and
you have a disability that requires special arrangements at the meeting, please contact the person
that signs this below at least 24 hours prior to the meeting so that 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. Special seating will be provided in the Council Chambers.
Signed. , for the ZBA 3-18-2009.
Sallye A. Clark, Pl nning Assistant, sclark@westu.org, 713-662-5843
West University Masonic Lodge #1292 Marshall Construction Co Ltd Carter Janet E
6125 Edloe Street PO Box 7538 Edloe Street Cafe & Deli
Houston, TX 77005-2817 Houston, Tx 77270-7538 3776 Jardin Street
RE: 3618 University Blvd Houston, TX 77005-3649
RE: 6619 Edloe Street
Houston Independent School District West U Ltd
4400 W 18th St Riley J Ray West U Ltd
Houston Tx 77092-8501 PO Box 980218 Riley J Ray
RE: West University Elementary Houston, TX 77098-0218 PO Box 980218
3756 University Blvd Re: 6203 Edloe Street Houston, TX 77098-0218
Re: 0 Edloe Street
3642 University Partners LP
3630 University Blvd # 100 Transpac Investments Torgerson Todd & Laura
Houston Tx 77005-3360 3622 University Boulevard 3620 University Blvd
Re: 3642 University Blvd Houston, TX 77005-3360 Houston Tx 77005-3360
Houston Independent School District Kelso E Albert Jr & Leslie P George Kevin H & Susan
3756 University Boulevard 3621 Amherst St 3610 Amherst Street
Houston, TX 77005 Houston, Tx 77005-3339 Houston, TX 77005-3339
Re: West University Elementary
Hensel Marc & Krista Brian D. Walker & Christy A. Walker Hawes David C & Barbara W
3611 Amherst St 3615 Amherst Street 3616 Amherst Street
Houston, Tx 77005-3339 Houston, TX 77005-3339 Houston, TX 77005-3339
Wight Charles III Gardner F C Luther Scot J
Wig
3617 ig Amherst Street 3618 Amherst Street Hassenhlu Alan
W
Houston, TX 77005-3339 19 E Briar Hollow Ln Ste 100
Houston, TX 77005-3339 Houston, Tx 77027-2810
Re: TRKS 4A & 4B RE: TRS 15K & 15-0
Owen Patricia Nesbitt Lynn Karaviti Letkothea P
3615 Rice Blvd 3617 Rice Blvd 3614 University Blvd
Houston, TX 77005-2939 Houston, TX 77005-2939 Houston, Tx 77005-3360
May William A Marshall Construction Co Ltd West U Town Center
3701 Rice Boulevard PO Box 7538 Associates LP
Houston, TX 77005-2823 Houston, Tx 77270-7538 19 E Briar Hollow Ln Ste 100
RE: 3618 University Blvd Houston TX 77027-2810
Re: 6115 Edloe Street
H C Flood Control Reid C. Wilson Jim Reid
9900 Northwest Freeway Wilson, Cribbs & Goren, P.C. 6203 Edloe Partners, LP
Houston, TX 77092 2500 Fannin 3630 University Blvd
Re: TR 15h-I Houston, TX 77002 Houston, Texas 77005
Jack Cato
Stockard Realty Partnership, LTD.
2001 Kirby Drive, 605
Houston, Texas 77019
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