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HomeMy WebLinkAbout05212009 ZBA Agenda Item 5 Memo To: Zoning Board of Adjustments From: Debbie Scarcella, City Planner Date: May 15, 2009 Re: Staff Report for Docket 09-06 The applicant in Docket 09-06 6648 Rutgers is requesting a variance under Article? Table 7-5a of the zoning regulations. The applicant requests to be allowed to erect a wrought iron fence gate and posts within a driveway visibility triangle Background Information The applicant's property is located at the comer of Rutgers and Cason streets. The driveway entry faces Cason and is 21'2" long by 18' wide. The applicant contracted with Gulf Coast Fence to install 40' of wrought iron fencing along the Rutgers side of the property, including a sliding gate 18' wide in the scope of the project. Gulf Coast applied for a permit on February 2, 2009. At that time, the contractor was informed of the regulation in Table 7-5a that nothing above 2' in height nor below 8' in height could occupy a 5' by 5' visibility triangle on either side of the driveway. (See site plan accompanying permit application in packet). A permit was issued and the fence and gate were installed. When the fence company called for inspection, the inspector noted that the gate and posts were in the visibility triangle area and notices were given to the fence company. Staff Response The applicant states that there have been several burglaries of vehicles in the area because of the accessibility by persons from Buffalo Speedway and Holcombe Blvd. The house is 5' from the side property line along the Cason Street right of way. The gate and posts were installed 3.5' from the sidewalk, which lies along the property line. According to the fence company, the layout of the house and mechanical units left only one place for the gate and controls with enough room to property operate the sliding mechanism of the gate. The maximum the gate and posts could be moved would be 3"4", which will not comply with the regulations. The applicant is concerned about the security of her site while entering and exiting her home through the rear entrance. The fence is wrought iron, and therefore some visibility for oncoming vehicles and pedestrians is maintained. The existing location and configuration of the house, driveway and mechanical unit does not permit the gate and its mechanism to be located in compliance with the driveway visibility triangle. 6648 Rutgers Pagel 5-15-09 e8 Staff believes that the ZBA has the authority to grant this variance, but according to Section 11- 102, the ZBA may not issue a variance unless all of the following circumstances are present: (1) The ZBA must make all findings and determinations required by state law for the granting of a variance, which are: (I) due to special conditions, a literal enforcement of the Zoning Ordinance provision would result in unnecessary hardship, (ii) by granting the variance, the spirit of the ordinance is observed and substantial justice is done, and (iii) the variance is not contrary to public interest. (2) The ZBA must make any additional findings and determinations required by a specific provision of this ordinance that relates to the variance. (3) The variance must be reduced to writing including any conditions prescribed by the ZBA or required by this ordinance for the variance in question. 6648 Rutgers Page 2 5-15-09 § 7-101 WEST UNIVERSITY PLACE MUNICIPAL CODE General Rule: Every building site, vehicular area and related struc- ture must conform to the applicable regulations shown, by District, in this table. t"N/A" means the rule does not apply.) Exceptions/Spe- cial Rules: (1) See special rules noted in table. (3) See Article 9 re- Table 7-5a: garding Planned Development Districts. t3) See Note 7 regarding Parking, driveways, etc. special exceptions. (4) See Article 10. SF-1 SF-2 SF-3 TH GR.! GR-2 C Item Regulation Off-street parking spaces Number, location, size, de- Depends on land use, layout, etc. See this Table, Table 7-4a, and Ar- and parking areas sign ticle 10 (including maneuvering areas, design requirements, "same Other regulations apply; see, site" rule, yards, street areas, loading spaces, etc.). e.g. Article 10 Maneuvering areas See Article 10. Grouping or sharing. Not allowed, except in a QMDS platted parking reserve serving two or more DU's. But see Note 2. Use of parking areas Parking spaces for non-SFD uses may only be used for motor vehicle parking. See Note 3. Emergency accessway Minimum width. See Note 1. 20 ft, via public or private street, to each principal building and each DU (or to an adjacent open area accessible to firefighters and equipment). Other regulations also apply, e.g, fire code. Driveways and private Minimum width. See Note 1. For SFD use: nine ft. streets For non-SFD residential use: 10 feet, or 17 feet if two-way and serv- Other regulations apply; see, ing three or more DU's. e.g. Article 10. Maximum width (in front For SFD use: (i) Driveway serving any single-bay garage: 12 feet. (ii) yard or street area) Driveway in a front yard serving rear garage or side-facing garage: See Note 1. 12 feet. (iii) Driveway in side street area of a comer site serving a side-facing garage with three or more bays: 30 feet; (iv) Any other driveway: 20 feet. For other residential uses: 24 ft. (or 35 feet if con- necting to a major thoroughfare). For all other uses: 30 feet (or 35 feet if connecting to a major thoroughfare). Maximum length For non-SFD uses: 160 feet, driving distance to the nearest street area, measured along centerline from farthest end point. A longer driveway is allowed if there is an approved turnaround or second means of egress, or if the drive-way is platted as part of the common area in a QMDS. Route, location See Note 6. N/A Spacing For non-SFD uses: There must be at least 40 feet between the "in- side" apron edges (at their narrowest points) of driveways serving the same building site. Pavement Required type For SFD use: Hard-surfaced or pervious pavement required for each See Note 4. required driveway and parking space; twin "ribbons" of pavement are permitted. For all other uses: Reinforced concrete, with curbs and drains required for all vehicular areas. Exceptions: (i) See Table 7-3 (pervious pavement) and Note 4, below. (ii) See Article 10 re- garding "overhang." Markings; wheel stops. Required type For non-SFD uses: Parking spaces must be clearly marked on the pavement, and wheel stops are required. See Note 12. Curb cuts Number For SFD use: Maximum one per subdivided lot abutting the street. Other regulations apply; For non-SFD uses: Maximum one per 50-ft. segment of street line. see, e.g. Article 10. See Note 5. Max. width per 50-ft. seg- Four feet (for aprons) plus the maximum driveway width allowed. ment of street line Each curb cut must be confined to the part of the street area that directly abuts the building site(s) served. See Note 1. Visibility triangles Forbidden structures, plants The following are forbidden on parts of a building site within a visi- See definitions in Article 2 and other things bility triangle: structures, plants or other things taller than 2.0 ft. or shorter than 8.0 ft. This does not require removal of trees in ex- istence on July 1, 1992, if kept pruned. Stipp. No. 6 CDA:40 ~City of West University Place Development Services Division Building Permit APpllcaton Zoning District Flood Zone: tO e - Project Address Legal Description I Application # Contractor Lot: Blk: Applicant Name Address City Phone # ( te. Property Owner: ) 1 Fax # ( ZiP:) 7 L7 Name S Address Phone # ar ( Estimated Cost of Const: $ Occupancy Type; Framed Area Sq. Ft.: Building Height: Building Site Sq. Ft.: # of Stories Commercial Renovation or Demolition Only: An asbestos survey is required by the Texas Health Protection Rules (TAHPR) and the Nations/ Emmission S (NESHAP), Standards for Hazardous Air Pollutants Copy of the survey is required. Survey Provided? Description of Work: Yes --,-k No ADDITIONAL PERMITS FOR ELECTRICAL, MECHAN ICAL, LUMBING, APPROACH, IRRIGATION, FENCE AND AREA DRAINS SHALL BE PULLED SEPA EWALK, 'DRIVEWAY, Item BY CONTRACTOR PERFORMING WORK RATELY 1 A lication fee Quanti Multi lier 2 Sidewalk © 1 $15.00 Fee 3 Fence Ft. X .75 /ft $25.00 min $15.00 4 Drivewa Ft. X .75 /ft $25.00 min 5 Street or curb Cut $80.00 6 Draina a $25.00 7 Commercial Occu anc ins $35.00 8 Permit Renewal $110.00 9 Premature Work Char a 50% of Or! final Permit 10 Plan Review 100% of Construction Fee's # 14 115 11 Residential Construction 50% of Construction Fee's # 14 or 15 12 Commercial Construction See Fee Schedule Total Permit Fee See Fee Schedule m Z3 um P I hereby certify that I have rea'd'an d exam e III dFh this document and kAbove Items In addition I hereby stipulate that I am the person legally responsible for compliance with rovis laws and ordinances (whether specified herein or not) now the same to be true and correct. certificatio governing this project to comp etionand a ns of all occupancy being issued. Sign ure of Permittee 2/ 7~ ~`~c~' > , C,~~,~~Q►~ dv Date Ple se Print Permittee Name Issued By: ADDRESS: 6548 RUTG E, EET BURRO ST £ MCH~ 7005 a LOT 1A- 1, BLOCK 39 rn WEST UNIVERSITY PLACE, SECTION 1 p ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 444, PAGE 560 OF THE DEED RECORDS OF HARRIS COUNTY, TEXAS OM AM r r 5 8 Aaiar naa s r Fa.«o rcm ~ 8 mm ww4m zr ~mv am sa AM 2.r raom• r-s►ar aw. = Dare /aw L. sw cow amw 118112 ma rasa t 1-STORY r +.r 20- • BRICK & FRAME LOT 9 I 7-r RESIDENCE _ 1.19 W g ~ Na m4cwm Ago MUM SIT Colic /0" PON11W am ~xa' o 27,W sear P g7 j P_` ME3l 1101pAW P P P AT pa par mw CASON TREET W.) 7 AM rl~ !/IIEY ,Ap/► A MIE oam Fwf96LWr AnSK Mldr Lan nr AFPW DO nW RB PIR?PpA'ry IrEY MfMll rhE / ~41E8YaCpF~]1Pw/FgY rm, no wowy ms wm 1100 rEAR rinioo nw AS Pf7r nw [wo+/S 7Nt ns nwt cLYaoQnr rwEL AIO fe7D/C aso L rAM At rMC AAE 0911SI ri alE VEav Lva O ~ aw r a MSw~cts or LLH rxAUwra ar Lws tLCPt AS 94&An r 8ZM mm•>Fn rpr 7M nft"w« uft 1, nes S/AP~tY a .wm ,was neLLOS acrr 't' anrawmua rrnwr aerA.m run snnrom«x MIS AaEo AWW uaalr « rYkPAgArgY p~ nrs sur4r. A SJdAA~ACE «Itznm,nav wu aetiao mle smpr OF rrds SL4fcr GLnxc cae PROFESSOW Ao LYA) suvfyoa Z Na as-orois AR22W erWMMI WL 444 Pd SW KCO.A: p"m or .c AANAW 112 20" y a~ ~I "tat f y'_,1?fi,( / ~1~,v j t' R~e~' Z:5, ! rY~~ ' B(AO soo-`.uiosrWWY 2811-,n~-15M I --526-3747 FAX 711 4-- i8Q7 •.ur + au ame suer Alm na~srn¢ ncm norv City of West University Place APPLICATION TO THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS ("CITY") Address of site: u+ s Legal description of the site: L p ~ ~ OCk 39 We S+ Ll nl vCr5 ' ' Pfaee , c{ion! Applicant: pi ah.n c, Bich SAS Address: 6 le +8 Ru+g cr s Contact: Jamie Swor+ke, Phone; 11 414-.0%3 Fax: 113.850.246SEmaikyjl Cors"4yfee-061., Ga lF eaas + Renee Decision or Action Requested (check one or more and provide requested data): (Appeal. Hear and decide an appeal from an order, requirement, decision or determination made by the Administrative Official. • Is the official's action in writing? (~Yes; (/)copy is attached. ( )No, but the action appealed is as follows: • When was the action taken? Note: Appeals must be filed within a reasonable time. Please explain any delay below: • Exact zoning ordinance section(s) involved: • Grounds for appeal: ( ) Special Exception. • Exact zoning ordinance section that authorizes the special exception: • Exact wording of special exception requested: (,/Variance. • Exact zoning ordinance section from which a variance is requested: Table 9--5a AppenJOC'A ' d4 +,he 2 ONin9 OVdir a-mee • Exact wording of variance requested: Votvianto +D akkoO 0. S+Pul:+un X51iding 4rte gn+e) 4-41t✓ -Fan Z' &,Kk t55 mar 81, V~ a, dri✓aUJQ v~5ibit +y ~yian9k.. SpaGi~~ ~rdt~+On taci S -ADY Which Or, tvvee n'en - 6F +he orAi ra.wee, woatd Presen+ "ne, cGSga %t k&.-AS hi Ft Other Data. Are there drawings or other data? ( )No ( )Yes(list items here and attach them) See, A ppendt X A Attached. The applicant has read the State and City regulations attached. Signature of applicant: Date- 5! t For Staff Use only Date filed: Date heard: Docket#: Form ZBA-102 City of West University Place Application To The Zoning Board Of Adjustment Of The City of West University Place, Texas ("City") Address of Site: 6648 Rutgers Legal Description of Site: Lot 1A-1, Block 39 West University Place, Section 1 Applicant: Dianne Nachlas Address: 6648 Rutgers West University Place, TX 77005 Phone 713.661.1191 Contact: Jamie L. Swonke, Gulf Coast Fence Phone: 713.294.7847 Fax: 713.850.8655 Email: gulfcoastgate@aol.com Decision or Action Requested Appeal The official's action is in writing and a copy is attached. Variance Exact zoning ordinance section from which a variance is requested: Table 7-5a of Appendix `A' of the Zoning Ordinance Exact Wording of variance requested Variance to allow a structure (sliding fence/gate) taller than 2' and less than 8' in a driveway visibility triangle. A special condition exists for which enforcement of the ordinances would present unnecessary hardship. Appendix A City of West University Place Application To The Zoning Board Of Adjustment Of The City of West University Place, Texas ("City") Other Data 1. Proof Of Ownership 2. Staked Survey/ Plot Plan ( Marking Fence/Gate placement in relation to house and driveway) 3. Written Narrative 4. Drawing/Illustration 5. Photographs 6. City of West University Permit Application 7. Copy of Written Violation Notice 6EF. L. IYYd J:1bYM Pihbl AMAXI~Ah M1 URA NU, do to r. L~3 I I T256070 WARRANTY DEED 5Z(-97- ~ 620 I THE STATE OF TEXAS 09/09/98 100851913 T256070 $11.00 J' COCJNTY OF H KNOW ALL MEN BY THESE PRESENTS: ARRIS I i That RICHARD JACKSON and wife, DODIE O. JACKSON Grantor(s), of the County of l _ and State of (Q for I and in consideration of the sum of Ten and No/I00 ($10.00) Dollars, and other valuable i consideration to the undersigned paid by the Grantee(s) herein named, the receipt of i which is hereby acknowledged, have GRANTED, SOLD AND CONVEYED, and by these presents do GRANT, SELL AND CONVEY unto DIANE DAVIS NACHLAS, a single woman Grantees ,whose mailing address is, -7I ~ r~ City of li-CAW1 County of and State of all of the following described real property in Harris County, Texas, to-wit: The South ''/z of the East 100 feet of Lot One (1), in Block Thirty-nine (39), of WEST LlNWER.SITY PLACE, according to the map or plat thereof recorded in Volume 444, Page 560, of the Deed Records of Harris County, Texas I together with all of the rights, titles, appurtenances and hereditaments thereto. ~ This conveyance is made and accepted subject to all easements, reservations, conditions, I covenants and restrictive covenants as the same appear of record in the Office of the County Clerk of the county aforesaid. s/ 3 Grantor, for the consideration and subject to the reservations from and exceptions to conveyance and warranty, grants, sells, and conveys to Grantee the property, together with all and singular the rights and appurtenances thereto in any wise belonging, to have I and hold it to Grantee, Grantee's heirs, executors, administrators, successors, or assigns forever. Grantor binds Grantor and Grantor's heirs, executors, administrators, successors or assigns to warrant and forever defend all and singular the property to Grantee and Grantee's heirs, executors, administrators, successors, and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof. When the context requires, singular nouns and pronouns include the plural. 1 EXBCL7ED on this the day of d 'I 19 i I I i I a V„' I JA S Oct yi 1 DO MO.J C co RECORDED AT THE REQUEST OF FIRST AMERICAN TITLE SEP• 2. 1998 3:16PM FIRST AMERICAN POST OAK NO. 8578-P. 3/3 i STAT$ OF TEXAS 2 i"9 ! I U 1 COUNTY OF I c 1 s instniment was acknowledged before me on bY4C14ARD JACKSON and DODIE O. JACKSOl~j ' T t 5k I ' \ f No u ,State of Texas My Commission Expires: c i C C-0 ~rd l ✓1 e 12 grin ; J I -7 11 Sak- 7-20 I Anr-+ M nNo F sa uxot~ rWtpK uw COUN k# du~ MOW i b In~h~m9~t w~ F~4BA to R# RECOMFr).3in at NmW SNWra i d Harris County, Texas rr. i SEP 9 1998 I ►+n»ws mlm Tsmw AOORESS: 6646 RUTGERS STREET HOUSTON, TEXAS 77005 BORROWER; 0/ANNE NACHLAS n LOT IA- 1, BLOCK 39 m WEST UNIVERSITY PLACE, SECTION 1 ° ACCORDING TO THE MAP OR PLAT THEREOF RECORDED U IN VOLUME 444, PAGE 560 OF THE DEED RECORDS OF HARRIS COUNTY, TEXAS rRON Roo FcuNo g Ra Roo 8 RaiRICK HOBBS M'D w000 SONYa R-9 FENCE NOCF N0. l96°92a 1.6' rR0 UNO 0 rRON R00 (CMJ W ro. 0 ae corvc. a r .s 8 cl~ .rroNr c. CNENKERT avo 8 s cE lb .rccF N. or~6sseoN 1-STORY i h zur 6RICK & FRAME u LOOT 9 ° RESIDENCE e rc W 12' r ~ o Q $ ONNE p1N5 AWCNU OCF N0. U-703 OwE OvERNGO 2 CONC.. 2Z.0' R_ PoMER ~N R00 -1 \ SET R _ J W£SI IW.00' ~ ~l R P Pow ER PoLf Rpa~ CASON STREET o Raw, v°6i ei °ST o vqw R P~ 0 F I U, ti e11-A ,vE s~~ o. R«s s oRTF,a.,raw sum 78~ rarro su~xw U ~{0 C,.R 12, o-uNOSUrevcv 1;-°n6-uses PRECISION SURVEYORS, INC. 800-5 6-»B e-s6-re6 i ~ Attachment D Narrative City of West University Place Application To The Zoning Board Of Adjustment Of The City of West University Place, Texas ("City") The following narrative is to explain the special conditions that exist that would present an unnecessary hardship to Mrs. Nachlas. Dianne Nachlas contracted Gulf Coast Fence to install a 7' tall by 18' wide slide gate and 40' of wrought iron fence to enclose her side yard, garage and back entry to her home. Several burglaries had occurred in her immediate area and she wanted to protect herself and her property. Due to the design and construction of her home and lot, there was only one option to accomplish enclosing this part of her property. The request for variance is the home is existing construction and the gate was installed to accommodate the property and heighten security. The lot at 6648 Rutgers is a corner lot with the house facing Rutgers and the Driveway opening to Cason. The driveway is on the west side of the property and is 21'2" long and 18' wide. The southwest portion of the fence was brought in 3' from the sidewalk and extended down the west side of her property to include a 18' slide gate as this was her only option to completely enclose her side yard, garage and back entry to her home. The design of the slide gate requires a 4" square tube guide post to allow the gate to function properly. The distance from the edge of the sidewalk to the Northwest corner of her house is 5' 2" preventing the gate from being within the visibility triangle. If the gate is moved any closer onto the property it will affect the foundational over pour and could structurally damage her home. The gate has an automatic slide operator which has a large 2' wide by 3' tall equipment box and housing unit. The air conditioning unit on the north side of the home prevents the operator from being moved any closer in. There is a slight possibility the fence and slide gate system could be moved in 3"- 4" without damaging the foundation however it is not possible to meet the full 5' visibility triangle requirement. The spirit or intention of the ordinance is to protect pedestrians and traffic by minimizing the occurrence of an accident and maximize visibility. The fence is wrought iron and provides visibility on both sides of the driveway. Essentially, the `structure' does not hamper visible traffic or pedestrians it merely encloses her yard from possible trespassers. The reason for installing the fence and gate system was for security purposes. Dianne Nachlas is retired and lives alone at 6648 Rutgers. Several burglaries within blocks of her home prompted her to fear for her safety. Mrs. Nachlas's home is one block off of the busy street of Holcombe and near Buffalo Speedway. The proximity of her home to these major thoroughfares enhances her risk of trespass and burglary. Mrs. Nachlas felt if her garage and the back entry to her home were enclosed she could enter and leave her residence with ease of mind. She would not worry who may be lurking with mischievous intent. • i The front entry to her home is protected with a courtyard and locked Iron Gate. The main door of everyday use is her back entrance that is connected to her garage, it is feasible she would want her driveway, garage and back door fenced in safe and secure. Mrs. Nachlas also travels quite frequently and would like to protect her home while she is away and prevent the exposed back entry. The ideology that criminals commit crimes along the path of least resistance enhances the need to have both entrances and windows enclosed within her yard. The combination of variables, mature age, lives alone and the heightened crime near her home creates a special condition for Mrs. Nachlas unique to her situation. In conclusion, Mrs. Nachlas did not knowingly request the fence and slide gate to be placed within the visibility triangle violating the West University Place Municipal code. The layout and placement of the fence was incorrectly diagramed on the permit application. Not until installation of the gate/fence did Gulf Coast Fence realize the slide gate would not comply with the visibility triangle ordinance in coordination with a driveway. The main concern was to meet the corner house rule interpretation and ordinance involving visibility triangles. We are asking the Zoning Board to please consider the layout of Mrs. Nachlas's property and her valid safety concerns. The fence could be moved in Y'4" however would still not meet the ordinances minimum of 5'. The construction materials used (wrought iron) is of high visibility makeup and does not obstruct a driver's view, which is the intention of the ordinance. The layout of Mrs. Nachlas's lot and home placement in combination with her security concerns as a woman of mature age that lives alone near high traffic streets with frequent burglaries in the near proximity creates a special condition unique to her situation. • ,wp. 1rj~r''A r$t. \',-a-R' rm► w-~ -r-.. fr7. i .'r♦_' {f 1 -qj - „"-~,-.„s,~. Alk VIA 1 _ _ u. _ - Pal S ~~F w ~ ~ ~ yw _ e. ' ` ~bV cf) ~ ' . 3 r a ` • ♦ft =T7" h quo Q . v • A a S \ a' ~ ~ '}y~. S'Y mac' rb ~f11~~~1111111111111i~~111111111111111111~1 j Illi~ wi, ~$17 ! yy l • t. 33 4 ~ ~ X1111 1 l~ f i I Poll I 14 , 77 t it lit 1~,, r ! ' t i:y~ t r~ @p { 'ICI ii11HH! 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Ft.: Commercial Renovation or Demolition Only: An asbestos survey is required by the Texas Abestos Health Protection Rules (TAHPR) and the National Emmission Standards for Hazardous Air Pollutants (NESHAP). Copy of the survey is required. r Survey Provided? Yes k' No Description of Work: k ( c~2 ADDITIONAL PERMITS FOR ELECTRICAL, LUB APPROACH, IRRIGATION, FENCE AND AREA DRAINS SHALL BE PULLE WALK, DRIVEWAY, BY CONTRACTOR PERFORMING WORK SEPARATELY Item Quanti Multi tier 1 A lication fee p Fee 2 Sidewalk 1 $15.00 Ft. X .75 /ft $15.00 3 Fence $25.00 min 4 Fence Ft. X .75 /ft $25.00 min 5 Street or curb Cut $80.00 a $25.00 6 Draina 7 Commercial Occu anc ins $111010,.0 8 Permit Renewal 00 9 Premature Work Char a 50°;0 of On final Permit 10 Plan Review 100% of Construction Fee's # 14 or 15 50% of Construction Fee's # 14 or 15 11 Residential Construction 12 Commercial Construction See Fee Schedule Total Permit Fee See Fee Schedule Minimum Permit Fee $25.00 For The Above Items I hereby certify that I have read and examined this document and know the same to be true and correct. In addition I hereby stipulate that I am the person legally responsible for compliance with rovision laws and ordinances (whether specified herein or not) p s of all certificatio2 governing this project to completion and a 0f occupancy being issued. O~ Sign ure of Permittee / rJti Date Ple se Print Permittee Nam Issued By: ADDRESS.- 6648 RUTGERS S HOUSTON, TEXAS 5 BORROWER. &4NNE NACHL4S a LOT 1A-1, BLOCK 39 WEST UNIVERSITY PLACE, SECTION 1 a ACCORDING TO THE MAP OR PLAT THEREOF RECORDED c^'„ IN VOLUME 444, PAGE 560 OF THE DEED RECORDS OF HARRIS COUNTY, TEXAS F ~ ~ n/evo f 8 s r onv aw rouvu 8 Now PA SaF,X MOAM aRo F~ cMnA Pa0a m= MZ vgpv Y96s9?s 2.d' MM AW 2.7' fv"W *M AM EAST Imacy _ _ m mw L 04meM r me ~ a4fNfl~C h CDC ~ 1 ~8 ~ Na riamm eS r 1-STORY t Sf BRICK FRAME LOT d 'r RESIDENCE I q' DOW a4W M404 AB p D V PDM~ O►ObIFAD cowl WCF NO r?eW p 1U 45-5' ?7.~. 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'r ll" .y $S.e'Ai P ..~d.f ^t .a _~,,''UrY r-AW-526-3767 PAX 281-496-1967 1~ 21 --lose mw 9" floe 1.2mak note 77W9 i i 6 (mom) The City of West University Place A Neighborhood City *Poes ho+e G nanCe, April 15, 2009 I VI V'C A`~On 0~ Gulf Coast Fence 4203 W. Alabama Houston, Texas 77027 ATTN: Andrew Richardson Re; SECOND AND FINAL NOTICE OF VIOLATION First notice March 20, 2009 Violation: Fence permit number 09-283 @ 6648 Rutgers Mr. Richardson This letter is to inform you the fence located above has not been brought into compliance either by relocation or by variance. The dead line for the variance application, you obtained from my office, to be heard at the May Zoning Board of Adjustment meeting is May 1, 2009. Should the variance application not be received on or before May 1, 2009 at 12PM/noon, the fence violation must be brought into compliance on or before May 15, 2009. Failure to comply within the allotted time will result in the city issuing municipal citations. Each day the violation exists is a separate violation per section 1-7. Sec. 1-7. General penalties for violations; alternative enforcement. (a) Penalties . Whenever in this Code or in any ordinance of the city an act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or whenever in such Code or ordinance the doing of any act is required or the failure to do any act is declared to be unlawful or an offense, and no specific penalty is provided therefor, the violation of any such provision of this Code or any such ordinance shall be punished by a fine. No fine shall exceed $2,000.00 for violations of all such rules, ordinances and police regulations that govern fire safety, zoning or public health and sanitation, including dumping of refuse, nor exceed $500.00 for all other violations. No penalty shall be greater or less than the penalty provided for the same or a similar offense under the laws of the state. Each day any violation of this Code or of any ordinance continues shall constitute a separate offense. Should you have any questions please contact me at 713-662-5830. Sin el , Jo R. Brown, MCP, CFM Chief Building Official Cc. Chris Peifer, Asst. City Manager/Dir. Public Works Debbie Scarcella, City Planner Alan Petrov, City Attorney DIANE D. NACHLAS 6648 RUTGERS AVE HOUSTON TX 77005-3853 MAILED CERTIFIED RRR AND ONE REGULAR MAIL 3800 University Boulevard • West University Place, Texas 77005 • 713.668.4441 (L-N) i • 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 May 21, 2009. The hearing may be recessed and continued to a ZBA meeting set to begin at 6:30 P.M. on June 18, 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: 6648 Rutgers, West University Place, Texas 77005 Legal description of the site: The south half of the east 100 feet of Lot One (1), in Block thirty- nine (30), of West University Place, according to the map or plat thereof recorded in Volume 444, Page 560, of the Deed Records of Harris County, Texas. Docket No.: 2009-06 Applicant: Dianne Nachlas Action Requested: Applicant requests a variance per Article 7, Table 7-5a: Parking, Driveways, etc., Appendix A of the Code of Ordinances, to allow a structure (sliding fence gate) taller than 2' and less than 8' in a driveway visibility triangle. 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. Ifyou plan to attend this public meeting and you have a disability that requires special arrangements at the meeting, please contact the Planning c& DeveloptnentAssistant at 713.662.5843 in advance ofthe meeting. Reasonable accommodations will be made to assist your participation in the meeting. The Municipal Building is wheel chair accessible front the west entrance and specially marked parking spaces are available in th outhwestparking area. / i Signed:, for the ZBA 5-11-2009. allye A. Clam Planning ssistant. 3800 University Boulevard • West ['niversity Place, Cexas "77005-2899 • 713.66804441 0 Itwit,_westu.org 0 • NACHLAS DIANE D HOBBS PATRICK SICKLER JENNIFER 6648 RUTGERS 6644 RUTGERS 6642 RUTGERS HOUSTON TX 77005-3853 HOUSTON TX 77005-3853 HOUSTON TX 77005-3853 SHARMA VINOD & MORALI BUTLER E BRIAN & PATTI CURRENT OWNER 6634 RUTGERS 6632 RUTGERS 6631 RUTGERS HOUSTON TX 77005-3853 HOUSTON TX 77005-3853 HOUSTON TX 77005-3853 MCCASKILL JOHN H & BEVERLY SADEGHPOUR DAVID H LEIF JAMES P 6635 RUTGERS 6639 RUTGERS 6643 RUTGERS HOUSTON TX 77005-3853 HOUSTON TX 77005-3852 HOUSTON TX 77005-3852 CURRENT OWNER MYERS DOROTHY A TRUST DOYLE JAMES E & TEREZAH 6647 RUTGERS 6704 RUTGERS 6703 RUTGERS HOUSTON TX 77005-3852 HOUSTON TX 77005 HOUSTON TX 77005-3854 MARR CAROLINE HEAD LISA S WARK CLETUS J 6705 RUTGERS 6710 RUTGERS 6714 RUTGERS HOUSTON TX 77005-3854 HOUSTON TX 77005-3855 HOUSTON TX 77005-3855 HARDING PETER & JUDY BUQUING JOEY O CHENEVERT KENT L & DEBBIE 6707 RUTGERS 3211 CASON ST 3312 CASON ST HOUSTON TX 77005-3854 HOUSTON TX 77005-3840 HOUSTON TX 77005-3843 MYERS DOROTHY MCDANIEL JAMES W WILDER WARREN & ELIZABETH PO BOX 6629 6645 WESTCHESTER AVE HOUSTON TX 77265-6629 3323 CASON ST HOUSTON TX 77005-3755 Re: 3313 Cason street HOUSTON TX 77005-3842 DENNARD KENNETH SWISHER STEPHEN G 6641 WESTCHESTER AVE HUNT KELLY MOR MORENO CARLOS & ROSANNA WESTCHESTER AVE HOUSTON TX 77005-3755 6635 WESTCHESTER AVE H6629 OUSTON TX 77005-AVE HOUSTON TX 77005-3755