HomeMy WebLinkAbout03302009 ZBA Agenda Item 3
Memo
To: Zoning Board of Adjustments
From: Debbie Scarcella, City Planner
Date: March 25, 2009
Re: Staff Report for Docket 09-02; 6203 Edloe Street
Applicant's Request The applicant requests reinstatement of Prior Non-Conforming (PNC) status for
pervious area requirements in a 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 (i) if the Zoning Ordinance.
Background Information
The property located at 6203 Edloe Street was originally developed in the mid-1940's. Until recently,
the tract housed Mathews Motors and until April 2008, was part of a larger tract (with the abutting
property at 6207-6217 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 (Matthew'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 intends to renovate and upgrade the property but will not alter the footprint of the
building. The "Matthews Building" will be long term leased to Jim Reid (or a related entity) for the
development and operation of "Matthews Market", a neighborhood grocery, prepared foods market,
casual dining facility, amusement hall, and community gathering place. 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, side yard setback, 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
three of the items per Section 12-103 of the Zoning Ordinance.
Staff Comments:
The non-complying items likely acquired PNC status upon adoption of the Zoning Ordinance in 1987.
The landscape strips, qualified tree and pervious island requirements were adopted at a later date. The
site has not changed since that time. According to Section 12-103 of the Zoning Ordinance, the PNC
status for outdoor lighting expired in August 2004; screens for waste areas expired in 1998; and,
minimum pervious area requirements expired in 1997. The applicant can attain compliance with the
waste area screening and outdoor lighting items, but cannot comply with the pervious area
requirements without losing parking spaces. Matthews Motors was classified as a medium
6203 Edloe St Page 1 3-30-09
commercial use. The minimum number of required off-street parking spaces for a medium
commercial use is 10 spaces per 1,000 square feet of building area. The building contains 5741 square
feet. The current regulations would require 60 spaces for a medium commercial use. The proposed
use (Matthews Market) is a light conunercial use and requires 5 spaces per 1,000 square feet of
grocery area and 10 spaces per 1,000 square feet for the remainder of the building (game area, cafe
area, outdoor seating). The proposed use would require a minimurll of 43 spaces, or 17 fewer spaces
than the existing use. Under Section 12-105 (e) of the Zoning Ordinance, the degree of non-
conformity is not increased, so PNC status does not appear to have been lost and additional parking
spaces are not required to be provided.
Table 7-3 of the Zoning Ordinance requires that sites in a C District maintain a minimum of 15%
Pervious area per site. For this site, the minimum required pervious area would be 1706 square feet.
The applicant can only provide 862 square feet.
Pursuant to Section 12-105 of the Zoning Ordinance, the Zoning Board of Adjustments is authorized
to issue a special exception to reinstate PNC status for any iten-i, upon application by the owner or
someone with a substantial interest in the affected property 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
for other reasons.
An extension may be for a fixed tern 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.
hi 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 dete«ninations required by a specific provision o1
this section.
6203 Edloe St Page 2 3-30-09
City of West University Place
APPLICATION TO THE ZONING BOARD OF ADJUSTMENT OF THE
y CITY OF !VEST UNIVERSITY PLACE, TEXAS ("CITY")
Address of site: 6203 Edloe Street, West University Place, Harris County, TX 77005
Legal description of the site: Matthew's Market Addition, Reserve "A"
Applicant: Stockard Realty Partnership, Ltd.
Address. C/o Wilson, Cribbs & Goren, P.C., 2500 Fannin, Houston, TX 77002
Coiitat;t. 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):
F1 Appeal. Hear and decide an appeal from an order, requirement, decision or determination made
by the Administrative Official.
e, Is the official's action in writing? { } Yes: ( )copy is attached. ( )No, but the action a
See Addendum attached 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:
LJ Special Exception.
Q Exact zoning ordinance section that authorizes the special exception: See Addendum attached
6 Exact wording of special exception requested. See Addendum attached
Nfariance.
Exact zoning ordinance section from which a variance is requested:
Exact wording of variance requested.
Other Data. Are therm drawings or other data? ( )No (AYes(irst 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 Date: 2/27/09
For Staff Use only Bate flied: /
Date heard:,3 Docke##: ,
OWNERS SIGNATURES
6203 EDLOE PARTNERS, LP,
a Texas limited partnership
BY: 6203 EDLOE MANAGEMENT, LLC,
a Texas li ited liabil' om ny
its 31 ener I Part
ner 1
BY: d
ames K. Reid, Manager
STOCKARD REALTY PARTNERSHIP, LTD.,
a Texas Limited Partnership
BY: STOCKARD MANAGEMENT, LLC,
a Texas limited liability company
Its General Partner
BY:
Walter A. Stockard, Jr., Manager
OWNERS SIGNATURES
6203 EDLOE PARTNERS, LP,
a Texas limited partnership
BY: 6203 EDLOE MANAGEMENT, LLC,
a Texas limited liability company
Its General Partner
BY:
James K. Reid, Manager
STOCKARD REALTY PARTNERSHIP, LTD.,
a Texas Limited Partnership
BY: W. A. STOCKARD MANAGEMENT, LLC,
a Texas limited liability company
Its General Partner
BY:
Walter A. Stockard, Jr ,Manager /~~~D"
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 (3/10/09).
5. Special Warranty Deed from West U., Ltd. to Stockard Realty Partnership, Ltd.
6. Metes and Bounds Reserve "A"
Addendum to Application
To the Zoning Board of Adjustment of the
City of West University Place, Texas
Applicants requests the Zoning Board of Adjustment ("ZBA") issue a special exception to
extend PNC status for the fonner Matthews Motors building at 6203 Edloe Street and the West
University Retail Center located at 6207 - 6217 Edloe Street, both in West University Place,
Harris County, Texas for the following:
(1) pervious area requirements
Please issue a special exception as follows:
Applicants request 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(i)
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:
(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
The extension may be for a fixed term or an indefinite tern.
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:
The 2 properties were acquired April 15, 2008 from a common grantor (West U., Ltd. - J. Ray
Riley). Stockard Realty Partnership, Ltd. acquired a .3114 acre tract of land located at 6203
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Edloe Street, which formerly housed Matthews Motors (the "Matthews Building"). 6203 Edloe
Partners, L.P. acquired a .4893 acre tract at 6207 - 6217 Edloe Street which contains the West
University Retail Center (the "Retail Center"). The properties are 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.
These buildings are over 50 years old and have continuously provided retail and service support
to the City of West University Place. Both properties will be renovated and upgraded to have a
more pleasing, aesthetic appearance.
The Matthews Building will be long term leased to Jim Reid (or a related entity) for the
development and operation of "Matthews Market", a neighborhood grocery, prepared foods
market, casual dining facility, amusement hall, and community gathering place. The Retail
Center will be re-tenanted with upscale, desirable retailers providing goods and services to the
immediate neighborhood. After redevelopment, both properties will provide the City a
substantial boost in property taxes and sales taxes.
The parking areas for the properties have been in existence for over 50 years.
When the City's new Zoning Ordinance was passed on April 24, 1987, both properties obtained
PNC status for pervious area non-compliance, as stated above.
Acquisition of the properties 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 properties have pervious area in the rear along a Poor Farm Ditch, but otherwise are 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 properties 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 applicants are the owners or someone with a substantial interest in the
affected properties. - This application is filed by the record title owners.
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(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 buildings on the sites were pre-existing, non-conforming
structures and sites which were, in layman's terms, "Grandfathered" from required
compliance so long as the particular non-conforming aspect was not changed (in
this case, hardscape [parking area, etc.]).
(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
lots are in excellent condition and are 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 properties 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.
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04/21/2008 RP3 S28.0o
{ \ NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE
~v'v] OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT
` l TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC
\~\jJ RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVFR'S LICENSE NUMBER.
SPECIAL WARRANTY DEED
DATE: April 2008
GRANTOR: West U., Ltd., a Texas limited partnership
GRANTEE: Stockard Realty Partnership Ltd.
CONSIDERATION: Ten Dollars and other good and valuable consideration.
'w4
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
1 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.
6~.
RESERVATIONS FROM AND EXCFPTIONS TO CONVEYANCE. AND WARRANTY: As described on
Exhibit "B" hereto.
Grantor, for the consideration and subject to the reservations fi•om 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 clauning or to claim the same
or any part thereof, except as to the reservations fi•orn and exceptions to conveyance and
warranty, by, through or under Grantor but not otherwise.
When the context requires, singular nouns and pronouns include the plural.
Return tO: W
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West U., Ltd., a Texas limited partnership l
Fay:/t /G
By:
ale. Manager
STATE OF TEXAS }
COUNTY OF~ }
Thi ins izlment was acknowledged before me on April 2008 by
A, , General Partner,
y, on behalf of West U., Ltd., a Texas limited partnership.
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q ro.~~prP&"' OLIVIA U$ALLE
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STATE OF TEXAS OTARY PUBLIC, STATE OF TEXAS
My Commission
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EXHMT r "A„
IJahig a (fact or parcel contaiuing 0.3114 acre of land situated in the A. C. Reynolds
Survey Absiruel Number 61, Harris Comity, Texns, ow of thal certain Tract It of record
j under Harris County Clerk's File Number (H.C,C,P, No.) K544880, sold 0,3114 acre
tract being nlorc particularly described as follows with all bearings referenced to sa(d
tracts of record under Ii.C.C,F. No. K54.1880;
Conuncucing for reference at the firtcrseclion of the north rlg)d-of way line of University
Boulevard (100 feet wide) and the cast right-of-tvny Ane of Rdloc Slrcct (60 feet wide),
for ilia soulhwest comer of that cerlaur called 0.4448 acre tract of record under H.C.C.F.
No. Y252914;
Thence, NORTH, along said east right-of-way line, at 125.00 feet passing to mt iron rod
set for the common sou(hwesl corner to Tract i of said tract of record under H.C.C.F. No,
K544880, In all a distance of 262.50 feel to an "X" cut in concrete for the southwest
comer and Point Of Ilegftuting of rho herein described tract;
Thence, NORTH, conthwhig along said cast right-of-way line, 87,50 feel to of "X" cut In
concrete for (lie common northwest comer to said Tract R, the 1lcicin described (racl and
the southwest comer to that certain tract of record under i I.C.C.P. No. 0448980;
w Thence, FAST, at 135.00 feat passing an iron rod set hs the west ibie of Ihni certain
Harris County Flood Control District Drainage Fasement (Unit DI 11.00.00), in ail a
r~ distance of 155.00 feet to the conuntin noribefol comer to Tract 11, the herein described
tract, ()to southwest corner (o sold unet of record under H.C.C.F. No. 0448480, In the
west ILuo of West University Pori: n subdivlslau of record In Valunte 9, Page 13 of the
4 Harris County Mop Records, I lams County, Texas;
i
Thence, SOUTH, along said Unit Di 11.00.00, 87.50 feet to the common southeast
coraerofthe herein described final;
Thence, WEST, n( 20.00 feet passing fill iron rod set in ilia west lute of said Unit DI 1I-
00.00, in all a distance of 155.00 fee( to ilia Point Of Begirming and containing 0.3114
acre, of land.
I
See drawing nariched
fnl 0
P F Daniel King
Professional Land Surveyor, No. 4764
March 04, 2008
S Job No. 08.02648
S
NASINK1749900 PSpecial Wan-anty Deed.doc
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EXHIBIT
L Rights of lessees under the terms of any unrecorded leases,
2. An easement for a drainage ditch approximately 15 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 Han-is 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
property lines and power poles and overhead power lines, follow
RECORDER'S MEMORANDUM:
W At the time of recordation, this instrument was
found to be Inadequate for the best photographic
reproductloA because of illegibility, carbon or
photo copy, discolored paper, etc. All blockouts,
~y additions and changes were present at the time
the instrument was bled and recorded.
N
ANY PROVtSgN NEREN! WHt N RESTR CJS THE SAIE LOR USE OF THE DESCRIBED REAL
PROPERTY WAZ OF COLOR OR RACE IS INVAUDAND EN
RLWEIANFORCEA8LF UNDER FEDERAL UN..
THE STATE OF TEXAS
COUNTY OF HARRIS
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APR 2 1 2008
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COUNTY CLERK
HARRIS COUNTY, TEMS
N:\SMKW4990011gpecial Wrtmnty Deed.doc
4 I
I
LEGAL DESCRIPTION - RESERVE "A"
Being a tract or parcel containing 0.3114 acres of land situated
in the A. C. Reynolds Survey Abstract Number 61, Harris
County, Texas, out of that certain Tract II of record under Harris
County Clerk's File Number (H.C.C.F. No.) K544880, said
0.3114 acre tract being more particularly described as follows
with all bearings referenced to said tracts of record under
H.CC.F. No. K544880;
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 ay 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, at 125.00
feet passing to an iron rod set for the common southwest
corner to Tract I of said tract of record under H.C.C.F. No,
K544880, in all a distance of 262.50 feet to on "X" cut in
concrete for the southwest corner and Point Of Beginning of the
herein described tract;
Thence, NORTH, continuing along said east right- of- way line,
87.50 feet to an "X." cut In concrete for the common northwest
corner to said Tract II, the herein described tract and the
southwest corner to that certain tract of record under H.C.C.F.
No. C448980;
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 feet to the common northeast corner to Tract II, the
herein described tract, the southwest corner to said tact of
record under H.C.C.F. No. C448980, 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 D 111-00-00, 87.50 feet to the
common southeast corner of the herein described tract;
Thence, WEST, at 20.00 feet passing an iron rod set 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 0.3114 acres of
land.
` • •
APPENDIX A-ZONING ORDINANCE § 12-102
ARTICLE 12. PRIOR NONCONFORMITIES
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
§ 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: (1) 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. Q) 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 7irne Period Special Conditions
Use of a building site ita-nSF i strict 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 ofArticle Time period ending on August 31,
8 `1004
Lack of special screens in violation of 160 months following the 1987 effec-
Article 8 (waste storage or loading) tive data
Non-compliance with pervious area nn years following the 1987 effective
requirement in the C District. date
Non-conformance with building regu- Time period ending on October 1, 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.
5upp. No. 5 CDA:70.1
•
{ ANIL 4111L
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 maybe 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: 6203 Edloe Street, West University Place, Texas 77005
Legal description of the site: Being a tract or parcel containing 0.3114 acres of land situated in the
A. C. Reynolds Survey Abstract Number 61, Harris County, Texas, out of that certain Tract II of record
under Harris County Clerk's File Number (H.C.C.F. No.) K544880, said 0.3114 acre tract being more
particularly described as follows with all bearings referenced to said tracts of record under H.CC.F. No.
K544880; 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 ay 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, at 125.00 feet passing to an iron rod set for the common
southwest corner to Tract I of said tract of record under H.C.C.F. No, K544880, in all a distance of
262.50 feet to on "X" cut in concrete for the southwest corner and Point Of Beginning of the herein
described tract; Thence, NORTH, continuing along said east right- of- way line, 87.50 feet to an "X."
cut In concrete for the common northwest corner to said Tract II, the herein described tract and the
southwest corner to that certain tract of record under H.C.C.F. No. C448980; 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 feet to the common northeast corner to Tract
II, the herein described tract, the southwest corner to said tact of record under H.C.C.F. No. C448980, 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 D 111-00-00, 87.50 feet
to the common southeast corner of the herein described tract; Thence, WEST, at 20.00 feet passing an
iron rod set 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 0.3114 acres of land.
Docket No.: 2009-02 Applicant: Stockard Realty Partnership and 6203 Edloe Partners, LP, A Texas
Limited Partnership, James K. Reid, Manager
3800 tTnivcr ity BOLD yard o 1V ~st f ,i.rr,irv P!"w-C, ~xas i ~~C~S-', y9 • 7~,+r,~g.1 11 • v:,,ti.;.r~tu.or~
ZBA docket 2009-02
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: ~K._
, for the ZBA 3-18-2009.
Sallye A. Clark, Pla ing Assistant, sclark@westu.org, 713-662-5843
0 •
West University Masonic Lodge #1292 Marshall Construction Co Ltd Carter Janet E
6125 Edloe Street PO Box 7538 % Edloe Street Cafe & Deli
Jardin
Houston, TX 77005-2817 Houston, Tx 77270-7538 3776 Street
Houston, , T TX 77005-3649
RE: 3618 University Blvd RE: 6619 Edloe Street
Houston Independent School District West U Ltd West U Ltd
4400 W 18th St Riley J Ray Riley J Ray
Houston Tx 77092-8501 PO Box 980218
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 Transpac Investments Torgerson Todd & Laura
3630 University Blvd # 100 3622 University Boulevard 3620 University Blvd
Houston Tx 77005-3360
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
Gardner F C Luther Scot J
Wight Charles III 3618 Amherst Street Hassenhlu Alan
3617 Amherst Street 19 E Briar Hollow Ln Ste 100
Houston, TX 77005-3339 Houston, TX 77005-3339 Houston, Tx 77027-2810
Re: TRKS 4A & 4B RE: TRS 15K & 15-0
Owen Patricia Nesbitt Lynn Karaviti Lelkothea 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-1 Houston, TX 77002 Houston, Texas 77005
Jack Cato
Stockard Realty Partnership, LTD.
2001 Kirby Drive, 605
Houston, Texas 77019