HomeMy WebLinkAbout06182009 ZBA Agenda Item 2
WUP Zoning Board adjustment meeting....June 18, 2009
My name is Gene Womack. My wife, Pat, and I live at 6732 Brompton,
across the street (west) of Roger and Carmen Pokluda.
WUP, as do most municipalities, have ordinances that must be applied to
govern their community consistently. Fortunately, these same municipalities
allow their citizens the opportunity to adjust/modify these ordinances to
specific circumstances. We are here in support of Roger and Carmen's
adjustment request.
I wish to support and address their HSE (Health-Safety-Environment)
concerns listed on the page with the heading of "Explanation of Hardship
and/or special Conditions."
&/&)c9 These HSE concerns are not only for their farnily but impact the NIMT
community. Social behavior has changed, forcing homeowners to take
drastic action sometimes, in order to more billy enjoy their homestead. The
location of the fence is now important. It was not planned, but as a
byproduct, positive HSE results can be attributed to it.
last moving traffic on oth Holcoiiibe and Brompton is a ~!e mite H`~
i IaL.a1i d.
T:l-^1C and t us-1l the chiltlrpn of Roger nnf9 can pri ]lf?, r7 .l'~#h thp,r
# iP'-'?( S x~(~~~1 v~(~ and could not »t in t hp he ar 1liit_L°E~ ~~t the ~TtPC't
FF c. , a'r L'~z- not 1c.i.t P_LJ- . a~~ ~ 4: L ~ pr
f
th.e
LI1Cr lVll~~.
hA lp[7hht t ?tgr m
tr f thA j o ~(~`i• ,
r.-t»%(lo!I MIip FP helping # t 0n h
.E- _o E~
tr-tfir t Imo ? n.onot tnr r-ilt thrniiETh and dispim-p-me 1t of trntt~-
t^r l~irpt'+. t+prn ;met lt`r ±n l !nlC'oi7i?° are frequent
i e, en thy! _ r
po ted as ^ »c l°f I t~~ m-- T
rntSir qpePd U n nn Jrnr;'rnt to m -,f. the
thiy c»PP hC h~a?~ mnnitorAdE 'IO 1 i1.
trot}~_• tte»'1?lte»<7 to h! "t the 1aht r
We see more cOnstab-I i'ar2c r
J f , a
than our nix r CFt -1 no!iCf c--,c 4A%e .~~,PYP tnl l tl?! LAi! i!j lonir sin,>'n
1 L L J-
N T E!_ ~ ~'2 ft Y
Br oTn?yTt-- 1$ thPE` t -r- nSq 01-('- (;On.
.1 1. IT
nn ti_-__.....~
the Metro System `-:i-iy thf-rPtnrP the i se nt the -h- stop in i;- nt Of
the h.-,.m-
i t tho nP { FA, ertrZvid-I sc F~~'e~.rP t s t A t.
or = eEE_ . _Eg.Enu ,-h t iuS 4=_
l'r e
personal activities, urinating, drug activity, fighting, trashing, sleeping and
sex (condoms found) without regards for the surrounding homes. Traffic
is/was moving fast and the hedge and jog created next to the townhouse
fence allowed for this behavior to take place. It was hidden from view by
citizens and infrequent police patrol on Holcombe and Brompton. The
Houston police are frequent on Holcombe but are using sirens and going
somewhere else in the area, not patrolling
The placement of the fence has removed the jog in the hedge/fence line
and moved all activity toward the street, where it now has greater exposure.
Some (non-standard to us) social behavior still exists, but not of the
magnitude prior to the new fence location.
The location of the fence has also reduced the amount of trash being left in
the bus stop area. If you think about it, consider having an empty styrofoam
coffee cup, empty paper sack, napkins or similar items in your hand and
walking in an area that is closed in on one side and open on the other. You
are less likely to throw those items on the ground because of the closeness of
fence to you on one side. However if you go across the street to where we
live and walk down the continuing sidewalk, it is open at least five feet from
the edge of the sidewalk and not closed in. A significant amount of trash is
dropped on our side as opposed to Roger and Carmen's side, simply because
it is more open..
Comments on the trash-bus stop area: When the ridership increased,
prior to Roger and Carmen's ownership, the former owner called Metro and
asked for a garbage can so riders could dispose of their trash in it instead of
in the yard.. They said yes and they would even supply extra bags, but she
would have to pick up the trash and let WUP dispose of it. She did until
Metre changed their mind and took the resnonsibility of handling the trash.
V 1 V
!mother not piannes~ henetat w?s tie reduced im-n-actot!ocatingt"erosts
f%Rrthnr tram the rnnt c.,-.,stem-- nt the h?uutits?1 nLLlr firQA _ the 1 htQ rQn3 Pot tnr nAii,ictmPnt ,xunialr,i not ~-svan hi- tnVma niar-P hml the tnrmar
n. nPr hPP2? ~tiln,Vpri to `nrn h-tP the Q-0P 2n ~ tn.trr.hn~_cP hill lr~lPr lA%! ~
riAnipri the rnni1PCt or the
trPP to k,- rift rirwun nnri thPrPtnrP th` Qnia nni lri
nret hP nrtmnlPtQri ! inriPrct-inrf that the trPP r'nn nrnty hP r-vvt riniun qQ tnnc7 _Q
t rPnl!~r`Pr'l Snt'?'1PIRJ4'lPrP nn tha nrnnPrl", ~~~<xi~>>f(y r~nsx, hnrn r~ oirn,lgr
looking fence of a townhouse complex, instead of a beautiful white picket
fence.
To sum it up: The fence location now acts as a positive HSE asset to the
neighborhood. To move it would remove the positive HSE benefits and
reinstate the area available for the illegal and non standard social behavior
activities that WUP does not need.
Thank you and we ask that you accept this adjustment request.
Gene & Patricia Womack
6732 Brompton
Houston, TX 77005
713 202 9089
dgw@pdq.net
3
t
Memo
To: Zoning Board of Adjustments
From: Debbie Scarcella, City Planner
John Brown, Building Official
Date: June 15, 2009
Re: Staff Report for Docket 09-07
The applicant in Docket 09-07, 2830 W Holcombe, is requesting a variance under Article7, Table 7-6,
Note 12 of the zoning regulations. The applicant requests to be allowed to erect a fence in a PDD-
TH1 District within 5' of the property and exceeding 7' in height.
Background Information
The applicant's property is located at the corner of W. Holcombe and Brompton streets. This property
is located within a PDD-TH1 District. The property is 100' wide by 145.75' deep and fronts W.
Holcombe. The applicant contracted with J T Fencing to install 295' of white cedar fencing along the
north, west (Brompton) and south (Holcombe) sides of the property, at varying heights along the
corresponding property boundaries. J T Fencing applied for a permit on October 10, 2008. Initially
there was confusion regarding the address, but the permit was subsequently issued for a 7'10" fence
along the W. Holcombe property boundary. The fence was actually installed at varying heights with
the highest point at the comers of the property boundaries (See attached photos).
Staff Response
The applicant states that the primary purposes for wanting to install the fence in its current
configuration was safety of their children due to the proximity of W. Holcombe. The applicant states
that the Kirby Drive construction has diverted traffic to Holcombe street, thus increasing the number
of vehicles travelling at unsafe speeds. The applicant further states that the proximity of the Metro
bus stop at the corner of Brompton and W. Holcombe. The fence that was there was a combination of
hedges and fencing that was used for disposing unsanitary and unsafe objects. The 7'10" height at the
corners helps prevent disposal of these objects onto their property, as well as provided a screen of the
bus stop.
Table 7-6 Note 12 allows fencing in the front yard of townhome districts provided the fence is not
higher than seven feet and not closer than five feet to the front street line (property line). The fence
was installed with the highest point at 7'10" and is located on the property boundary.
2830 W Holcombe Pagel 6-15-09
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.
The ZBA may place conditions on the issuance of the variance, such conditions including:
(1) Requiring fencing in compliance with the provisions of Table 7-6 Note 12 if the existing fencing
is replaced.
(2) Variance is effective only as long as the existing structure remains.
2830 W Holcombe Page 2 6-15-09
June 13, 2009
To: City of West University Place
From: Dr. C. Scott Cameron
282811 West Holcombe Blvd.
Houston, TX 77025
Subject: Pending Docket item 2009-07 regarding request for variance at 2830 West
Holcombe Blvd;
Dear Sirs: I am writing concerning docket item 2009-07 as an interested parry, as a
neighbor who lives adjacent to the property on 2830 West Holcombe. I request that the
City approve the variance to code regarding fencing that has been requested by the
owners of this property. I believe that granting this variance, and allowing the fence to
remain "as is" is consistent with maintaining the improved aesthetic in the neighborhood
that has resulted from the fence, but is also in the interest of "fair play"
First, the property has been improved in appearance since the current owners have moved
in. The property includes a magnificent giant Live Oak tree, which dominates the front
of the property facing West Holcombe. The prior hedgerow along this street was not
attractive. The fence the owners have erected along West Holcombe is low enough to
allow those passing by to enjoy this spectacular tree, one of the finest on this side of our
City. I know this as I walk by it at least twice a day during walks around the larger
neighborhood The placement of the fence is aligned with the wall along the property I
live in (Brompton Terrace patio homes) and provides good visual flow. Setting this fence
further back from the street (which I understand the City may have requested) would
require cutting limbs from this great tree, and I would think might put the root system at
risk to damage. Given this tree withstood the devastating power of Hurricane IKE, it
would be a pity that it would be compromised by human actions.
Second, I make this request from a sense of fair play. I understand my neighbors at 2830
West Holcombe applied for and received permits from the City to build this fence. It
appears that the City should have been able to determine if the proposed fence was "in
code" at that time. To conclude afterward that the City made a mistake, but to hold the
owner accountable for the City's mistake seems unfair to me. I would suggest that the
prior approved permits stand as the confirmation that a variance for the fence was
granted.
Based on the above, I request you approved the requested variance on the captioned item.
Yours truly,
C. Scott Cameron
City Of West University Place
APPLICATION TO THE ZONING BOARD OF ADJUSTMENT OF THE
CITY OF WEST UNIVERSITY PLACE, TEXAS ("CITY")
Address of site: 2830 W. Holcombe, Houston, TX 77025
Q Legal description of the site: The South 145.25 feet of Lot Three (3) intBlock One (1) of West
l`University Place, a subdivision in Harris County, Texas, according to the map or_p at
y5\ Applicant., Carmen S. and Roger J. Pokluda thereof recorded in Volume 444, 60, of
Address: 6721 Brompton, Houston, TX 77005 the Deed Records of Harris County, Texas
Contact. Carmen Pokluda 713.220.8128 713.236.0822
Phone: Fax: Emai/cpokluda@akingump
Decision Or Action Requested (check one or more and provide requested data): com
( ) 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:
(X) Variance.
• Exact zoning ordinance section from which a variance is requested:
WUP Code of Ordinances, Appendix A, Section 7, tab1& 7-6 note 12
Exact wording of variance requested: R ctrl e; varj ahee io w tip Godc 0,0 Ord i ha„aeP ~rmd-- r A Ste, -1 7°'~t~ ?-Ir 7o c.Nou ~ ~ttiee c ~ '
>sGl~.~+ef 7 ~Ga(~ A..,~ y~~;h ~ ~f 0f ~YOn~' f~'rt~f lent
fr i ~►l~' h e. Ol k i f Fa.f! d 7~ wn ti on. a O<^ j' ~r►`c i',
Other Data. Are there drawings or other data? ( )No (1'res(list items here and attach them)
1) Applicaton for fence permit dated 10.10.08
2) Copy of Property Survey with proposed construction submitted with Application
3) Copy of City issued permit dated 10.09.08
4) Photos of subject fence as installed.
'o
\~Jr) ~~/or SPYff'' f ~i.~~uty rc..vr)r.
py ool fi'c ►~t`~icst•- (Jo~icr.
(00 f, ) I-
A ftrPr&-,Af;o ti • Kard 1~;r ah~f/vv Jpo,c:~/ Lohl~,'1t'o.•S
Attached. The applicant has read the State and City regulations attached.
Signature of applicant: _ Date: 1-4 -)`0 S
(For Staff Use only Date filed:
Date heard: ! Docket#: 1
I=orm ZBA10?
ff) 400I dlr~lina~cett «.G;r -41
.f.efioti ~r T~l'r -C a.fta/
Pry.
N
Explanation of Hardship aer Special Conditions •
2830 W. Holcombe Blvd.
The property owners request that the fence located near the front property line of 2830 W.
Holcombe Blvd. be allowed to remain as installed in accordance with the City-approved permit
number 08-1837, dated 10.09.08 (copy attached). The City has assigned a PDD-TH District
designation (which allows fences in front yards) to the subject property.
The primary motivation for installing the fence was the safety of our children, ages 9 and 7. We
have lived in the house a little over two years. During that time, the road construction on Kirby
redirected fast-moving traffic down Brompton making us nervous about the safety of our
children and neighbor children playing outside. In addition, we continuously manage the
challenge of having a bus stop at our front door including people urinating, dining and dashing
leaving their trash behind, smoking, doping, and the like. Prior to the installation of the fence,
we repeatedly found bedrolls, clothing, used condoms, and drug paraphernalia in the hedge and
inside the former fence along W. Holcombe. The installed fence has achieved the intended
result.
The non-conformance of the fence was clearly and specifically shown in the plans submitted to
obtain a City permit. Copy attached.
Neither the property owners nor the fence contractor was aware of the noncompliance until
construction of the fence had been substantially completed.
Immediately upon learning of the possible noncompliance, the property owners contacted and
met with City staff in an effort to understand the noncompliance and have been working with the
City since in an effort to resolve.
The fence, as installed, does not constitute a health or safety hazard nor does it cause a
significant impact upon another person or property. Conversely, neighbors (along with many
passersby) have welcomed the fence and have gone above and beyond to let the property
owners know how well the fence is liked.
The fence, as installed, aligns with the adjoining fence to the east and opposing fence to the
west across Brompton. See photos 2 and 3. Other fences along W. Holcombe do not appear to
be set back 5 feet from the front street line.
Additionally, the height of the fence matches the adjoining fence to the east. Note the majority
of the fence is 4 feet tall - the fence is 7 feet 10 inches at the southeast and southwest corners
of the property and immediately begins tapering down to 4 feet. See photos 1-3.
The fence replaces a mature 10+ foot hedge (and overgrown metal fence) across the front
property line that was removed only after receiving an approved permit from the City Building
Department.
Further, to the extent possible, the posts for the replacement fence were put into the ground
where the trunks of the mature hedge and former fence posts were removed in an effort to
minimize the shock and/or damage to the large oak tree on the southeast section of the
property. See photos 1 and 4.
Relocation of the fence along W. Holcombe will: i) waste 110+ feet of building materials as they
will be rendered unusable during removal (based upon the fence design, removal and re-
installation of multiple fence sections along Brompton will also be necessary), ii) force property
owners and/or fence contractor to incur additional and unforeseen costs when fence was
installed in accordance with City-issued permit, and iii) jeopardize the health of a "significant
tree," in direct conflict to City Code § 82-10.
Variance Request •
Code of ordinance section from which a variance is requested:
WUP Code of Ordinances, Appendix A, Section 7, Table 7-6, Note 12. The City has assigned a
PDD-TH District designation (which allows fences in front yards) to the subject property.
Non-Compliance:
Subject fence in front yard (W. Holcombe Blvd.) is located within five feet of front street line.
Note: As installed, the subject fence is already set back approximately two feet from the front
street line - in line with adjoining fence to the east and in line with opposing fence across
Brompton to the west.
See attached survey.
Adjacent and nearby fences fronting to W. Holcombe Blvd. are not set back five feet from the
front street line.
See photos 2 and 3.
Requested Action:
Grant variance to allow existing fence to remain as installed.
Non-Compliance:
Fence in front yard (W. Holcombe Blvd.) is higher than seven feet.
The height of the subject fence at the southeast corner of the property at abatement to adjacent
fence is seven feet ten inches tall, slightly shorter than the adjacent fence to the east. The
fence quickly tapers to the height of four feet along W. Holcombe Blvd., and for symmetry, rises
again to seven feet ten inches at the southwestern corner of the property (see Photo 1).
Additionally, the METRO bus stop, METRO trash receptacle, and traffic control box are located
at the southwestern corner of the property, further necessitating the need for the fence height as
installed for both visual screening and noise control purposes.
Requested Action:
Grant variance to allow existing fence to remain as installed.
40
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Vote _7 r ;i{°. tr'r.ms in eFbVIIJ ' c< f;) checlule.
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.k`~Ca it:e iy<9+r t aEs. i`~::J l tS4 t. ~'t~ ~,).3~c p _<'-:+l~ (ty)f by ~~.d~; 'y .d.~r ~g}1§s.
Won W KY i tit,ed to the city y imlit eas rule. derred 1~~.cL:'sarq' bY• the City's itvs cht ief utili}ty official,
=r Te, lets c tl.e c'.eluil>rrwm is not higher Man 1 Whes above the ground (Evc'r'plion : The base inay be
CV cod o ill (:ltdilil]1 level o he West f1<141t of the: l,KnWpal burin as eat Misled by the (Mr s
..,.nerd damage p e.vmvierlr ordinance, if that level is higher than 1=1 inches above" the gl'Otttid.), dirtd (t::) if
loci led within five feet of any pixTerty li:i':. Me equipment is filly encased in a sound-absorbing cabinet
(11 is oth rwi,, designed, and op ratod to comply with the £ hyV nose regulations: see Chapter 54 o the
Code, of Ordinances.
SIDE Y, RF): lndieawd ecliiipment may rr(.Ject into an intakes or street side yard (but not closer than
tr roc: l'ect to a Property line) only if h is fully° encased i.n a sound-absorbing cabinet, or is otherwise
designed and tTerwe.d to conjAy w th the C.i yl troise reeri_ilat"ions; see Chapter 54 of the Code of
0alina ces. However. equipment replacing older equipment in a side yard may project as close. as 18
whes to a property line, if the. lire: marshal dcterm nee that such ; rojec6on "ill not significantly interfere
wi,ih ernergenc y acc;e ss, either on Be sane site or on another site,
NEW AW 1~+l=l'i_.ACE\- TENT EY}t)li'NiEP ri These ruins apply tc~ all --,d H' old 'r equipment was lawfully installed ern ,in elevated structure in a rc.ar yard,
replacement eclt"€ipnwnt rtwy- he installed on the same structure. I the older equipment was lawfully
t3;5ta led \v thot.it the required separating "all, the; wall must be piovided, but it may be either solid or at
least 5,.)%) ;solid (c.g., lattice). All other rules apply.
e't'c? e 7. Iiaske zhali (_;r>id .:No part of the equipment may be closer than ten feet to any street lute.
We 8. 1°0r:o4 . Fences may prtjject into front and side yards to the extent expressly required ol
authorized by City ordinmwe (e.g., prcrvi knw in Chapter 18 of to Code of ChInmwes renuYng front
fences for temporary construction p itIms ;s and to screen nonresidential uses; provisions in PDD
s hcclciles ?€3r' front fences), In a Q.%1DS loav fences r,3.5 feet ur lower) may be located anyFvhere, if rnacle
of ornanicn.%il metal or ~vhhepickets.
Nc?rt LLtirrzrttir,,4;= pools . Except as specifi.call allu ed by another ordirrarice of the, City governing
setbacks "'or swimming pools and appurtenances.
YVoi e 10. Lc:ftarpposts . 4aximum diameter of projecting posts i six inches; rnaxiinum height is eight feet.
Note 11. Rcjtane d Wnwr r``L'1TC.T . Notwithstanding any other p: ovision of this ordinance or any other,
ordinance. no fence is allowed in the side street yard of a rotated corder building site (SF-1 .District),
except. for temporary construction fences required by Chapter IS of the Code of' Ordinances.
Nom, 12. 1°rt=w fAztes hi Ibrawrtm"e 1}zstric-ts . On a building site in a to unhouse dianct (hel"n 1bg the
"I'l-I Lind I'D_I3-TH disiricts)there .may be fences in the front yard, but not higher than seven feet and not
closer then ..fe:et to time Wont street line. lJore permissive proviskms elsewhere may also apply.
A`oie 15. 01d.' t(wk Iktts1`rt* They ZB.t may issue a special exception to authorize projection of buildings
and at:t;.i;:lied !>tri_1c°tures into aside yard, rear yard or an SF 13uffcryard, if the ZBA determines. (i) the
pr(~jeciion is re i*sotiably necessary to preserve or protect old stock houshg as 1 then exists or as 1 n'. m' lie
proposed to be remodeled or expanded (up to a toad gross floor area, for all buildings can the site. that
dock not exceed the greater of 3AOO square feet or 2C)() `,v ofthe gross fkxg area of all the. buildings Oil the
she Weir Be pAndpal br;ildirtz, mms built, before l i}SQ; and (ii) there will be no substantial adverse
irrilract upon nearby Properties,
(Ord. No. 1707, § l(e,v A), 5-23-2()C)5; Ord. No. 1798, § I(ex. AL 5-23-2005; ()rd. No. 1799, § l(ex. _k).
5-23 2005; Ord. No. 1840, § Qx. A), =1-23-2()£)7; Ord. No. 1869, § 1 en A), 4-28-2008; Ord. No. 1870.
I (,x. ; =l_28-2008; Ord, No. 187 1. § I (ex. W 4-28-220 08-, Ord. No. 1872, § 1(ex. A). - 0IN2{)i 8: Ord.
No, 1878, § I (ex. AL 8-2-5-2008, Ord. No, 187 § l(ex.A). i8-25-2008)
l
of West University Place
r. Development Services Division Building Permit Application,
sq District Flood Zane:
at
Project Address
. ~i
i~egai Description Lot:
~
Apiicar±i l a t : t'ry', s> - _T _
Lii'j
State: .
_ Zip
Pt?l3ilf: ~ f 1
Fax
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Property Owner:
.
Phone # Name rr j
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Estimated Cast of Const: $
Occupancy Type: Building Height: - # of Stories
F armed Area Sq. Ft.:
Building Site Sq. Ft.:
' -,n-nmercial renovation or Demolition Only: An asbestos survey is required by the Texas Abestos
9°- ea th Protection Rules (TAHPR) and the National E°mmission Standards for Hazardous Air Pollutants
(NESHAP).
Copy of the survey is required. Survey Provided? Yes ! No
Ck,sc.ription of Work:
J- 6-
ADDITIONAL PERMITS FOR ELECTRICAL, MECHANICAL, PLUMBING, SIDEWALK, DRIVEWAY,
APPROACH, IRRIGATION, FENCE AND AREA DRAINS SHALL BE DULLED SEPARATELY
BY CONTRACTOR PERFORMING WORK
_ Items _ Quantit Multi tier Fee
1 `Application fee 1 $15.00
$15.00
! 2 sit~ewalk _ - Ft, X.75 /ft $25.00 min
FenC>' j
Ft, X .75 /ft $25.00 min
4 IDrivewao _
_----/$80.00
5 IStreet or curb Cut $25.00 -
r 6 Pr-_zinage _ - $35.00
7 Comrnercial Occufranc lns $110.00
8 Permit 4;enewal 5t3 ~o of Original Permit
Premature Work Charge 100% of Construction Fee's # 14 or 15
10 f Plan _Revie~rr 50% of Construction Fee's # 14 or 15
11 Residential Construction See Fee Schedule
1, C(- morcial Construction See Fee Schedule
I7atai Perrttlt Fee
Minimum Permit Fee $25.00 For The Above Items
I herE;cry Certify that I have read and examined this document and know the same to be true and correct-
n addition I t 4 f fey ztipulhfe that I am the person legally responsible for compliance with provisions of all
a irl ord na ces_kvvh tfjisr specified herein or not) governing this project to completion and a
r.; .ifs of?o? of occ'be4)i issued.
i
~~gr~~at~are §f Permitted Date
,I Print Permitt€ e Narne
issued By:
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INSPECTION LINE '113-652-5805
APPlicaL:i.on Ntzrbnr . . . . . 08-00001337 Date 11/05/08
P:>= OPr-fOY Address . . . . . . 2830 W HOLCOMBE BLVD
_...AD land keys . . . . . . . 039-292--000-0008
D nanwers
?`.pt: l icau i on type descripnon FENCE PERMIT
Subdivision Name
WE el, Contractor
j : s 0"11 rm ,'"i s J. T. FENCING
W _ oil dB s BlIVI) 13 411 SUNDALE RD
HOUSTON TX 710251504 FAX P281-448-985'7
IiO`'US'T'ON TX 7703
(231` 09
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- - - nru r la formation 000 000 CEDAR WOOD PENCE; 4 ' , 61, & 81
Ocher •r o . . * O 'ID,
-
P.:-., mi.t . . . . . . PENCE PERM!'-P
Additional desc . .
PermA - . 6.25 Plan Check Fee .Ou
issue Date . . . 10/09/08 Valuation 3500
/...1
Fee summary Charged Paid Credited Due
:>_:>..•"mit: Fee Total 236.25 236.25 .00 .00
Plan Check Total .00 00 00 .00
Grand Tonal 236.25 236.25 )0 .00
PER -1 _ _ SIGNATURE
PRINT PE; <MITTEE NAME
W 0,5060,60
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THE SOUTH 145.25 FEET OF LOT 3
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OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
TEXAS RESEDENTIAL OWNER POLICY OF TITLE INSURANCE
ONE-TO-FOUR FAMILY RESIDENCES
Z,, PTF
i OWNER'S INFORMATION SHEET Policy Number A4209I-TIZ-00038089
✓ Your Title Insurance Policy is a leeai Su Poliza de Sel;uro de Tituio es un contrato legal
contract between you and Old Republic cntre usted y Old Republic National Title Insurance
National Title insurance Company. This Company. Esta poliza no as una opinion ❑ reporte an
policy is not an opinion or report of your relation a su titulo de propiedad. Es un conerato de
title. It is a contract of indemnity, meaning indemnification, esto es, las promesa de reembolsarle I
a promise to pay you or to take other o de tomar cualquier otro tipo de action si usted sufre
41 action ifyou have a loss resulting from n una pordida Como resultado de cualquier riesgo
covered iitle risk cubierto por la poliza.
# It applies only to an improved one-to-tour Esta forma de poliza ha Side desiu'llada pal-'l -;Cr
family residential propeav or utilizada e,,c(usivamente en 1❑s :a;» dr ln0ln IM11r•
condominium unit. If your land is not en las cuales hay construidas viviendos pan no nw,- ill, either of these, contact us immediately. cuntro familias o unidades en condominios. Si propiedad no as rtinguna de las anieriores. por favnotif uenos inmediatamente.
We insure you against certain risks to your land title. We list these risks on page 2. The following limit your coverage:
w Exclusions on pages 2 and 3.
Exceptions on Schedule B.
m Conditions eft pages 3 and 4.
You should keep the policy even if you transfer the title to your land- If you want to make a claim, see Section 3 under Conditions on
page 3.
You do not awL any rnor, premiums for the policy.
This sheet is not your insurance Policy, It is only a brief outline of some of the important Policy features. The Policy explains in detail
your rights and obligations and our rights and obligations. The Policy - and not this sheet - is the legal document- YOU SHOULD
READ THE POLIC)t VERY CAREFULLY.
TREE 'b LI -FREE NUMBER OF OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY IS 1-383-678-1700. YOU
MAY CALL THIS NUMBER TO DISCUSS THIS POLICY OR TO MAKE A COMPLAINT. YOU MAY WRITE TCt OLD
RE-PUBLIC NATIONAL TITLE INSURANCE COMPANY AT THE ADDRESS IN SECTION 3 UNDER CONDITION,,:, ()N
PAGE 3_
Issued through the office of. nin S>=PUBLIC NATIONALTITLE INSURANCE COMPAWY
113!oustun Title C:orapany ASwckrampany
777 Post Oak Blvd. 400SacnndAvanue South.1140Mealalls, Minnasnra 554DT
Suite 200 JLt2J371-T1TI
Houston, Texas 77056-3203
Phone_ (713) 626-9220 i ~
President
BY
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A3k9~ eO fiE-d ~Lgnatory
(DItI'OC:S 5'1II0I®69 PAGEIOF4
FORM 7'111; RESIDENTIAL rl•SITIrR POLIC11 OF TITLE INSURANCE EFFECTIAT 1-1-93
eF No: 05060160
mn
. n i eY Property I
Rate Rule R3a Premium S.
Tans Code 1200 1007AJ207
SC DULE A
Owner Policy No.: A42091-TR-00038089
Date of Policy: August 01, 2005 @ 01:58 PM
Amount of Insurance: S
1. ltiame of Insured:
RCIGER J. PO KT UD A. and CARMEN S. POI-LUDA
2. -7e insure your interest in the !a-ad covered by this policy is:
Fee Simple
3. Legal Description of land:
The South 145.25 feet of Lot Three (3), in Block One (1) or WEST UNIVERSITY PLACE, a subdivision in
Harris County, Texas, according to the map or plat thereof recorded in Volume 414, Page 560, of the Deed
Records of Harris County, Texas.
auocs or Nimmon Page1 ors
OWNERS POLICY
Cr' No: C150601bt? COFD--) W
Owner Palicy No.:.A42091-T1a-00038089
SC D ULE B
EXCEPTIONS
, 7e do not cover loss, costs, attorneys' fees and expenses resulting from:
I, Tlie following restrictive covenants of record itemized below:
Covenants, conditions and restrictions, provided in instrument(s) recorded in Volume 444, Page 566; Volume
1033, Page 372 and Volume 413, Page 498 of the Deed Records of Harris County, Texas, but deleting any
restrictions based on race, color, religion, national origin, sex, familial status or handicap.
F'~uy p es,zeun ~Q shortages in area &F-bauHda,-y-line , _ e p,=oEFUstcfflLb; '
R-fty
pink imp: eve~~e$~=:
3. Homestead or community property or survivorship rights, if any, of any spouse of any insured.
4. Arty titles or rights asserted by anyone, including, but not limited to, persons, corporations, governments or
other entities:
a) to tidelands, or lands comprising the shores or beds of navigable or perennial rivers and streams, lakes,
bays, gulfs or oceans, or
b) to lauds beyond the lane of the harbor or bulkhead lines as established or changed by any government, or
to filled-in lands, or a7 ficial islands, or
d) to statutary water rights, including riparian rights, or
e) to the area extending from the line of mean low tide to the line of vegetation, or the right of access to that
area or easement along and across that area.
5. Standby fees, taxes and assessments by any twdug authority for the year 2665 and subsequent years, and
subsequent taxes and assessments by any taxing authority for prior years due to change in land usage or
ownership, but not those taxes or assessments for prior years because oP an exemption granted to a previnus
owner of the property under Section H. 13, Texas Tax Code, or because o! improvemenis nut assessed tisr a
previous tax year.
6. The following matters and all terms of the documents creating or offering evidence of the matters:
a) Vendor's Lien retained in Deed dated July 29, 2605, from Joan Butcher Sica, Trustee of the Richard
Thomas Butcher Testamentary Trust created under The Will of Richard Thomas Butcher, Deceased, Mary
Healy Butcher AMA Mary Healy Butcher Ober , and Edward C. Ober, acting herein by and
through his Agent and Attamey-In-Fact, Nancy Ober Brame, to Roger 1. Pokluda and spouse, Carmen S.
Pokuda, securing the payment of one certain Promissory Note of even date therewith in the principal
amount of S' )0, payable to the order of Wells Fargo Bank, NA., as therein provided. Said Note
being additionally secured by Deed of Trust of even date therewith to Robert K. Fowler, Trustee(s), filed
for retard on August 1, 2005, in the office of the County Clerk of Harris County, Texas, under Clerk's File
No(s). Y-655353.
b) Deed of Trust dated duly 29, 2665, -filed for record an August 1, 2005, in the office of the County Clerk of
Harris County, 'T'exas, under Clerks File No(s). Y-655355, from Roger J. Poluda and Carmen S. Pokluda,
husband and wife, to Stephen F. Marquarfi, Trustee(s), securing the payment of one certain Promissory Note
of even date therewith in the principal amount of $ 00, payable to the order of Wells Fargo Bank,
NA., as therein provided.
OrIDOCS Or 5111BID29 Page 2or3
ONAINERS POLICY
GFNo:05060160 I D_I'Y
0 building Line thirty-five (35) feet in width along the front line(s) of the herein described property- as
provided for in vistrument recorded in Volume 413, Pattp 448, of the Deed Rt'ror& nr Harm [ ntinlr.
'T'exas.
d) Sanitary Server basement of undetermined width along a partion or the East property line, as shown on the
unrecorded satlitary sewer map of the City of West University Place_
e) Zoning Ordinances by the City of West University Place, including but not limited to those set forth in
instrument rilzd for record in the ofce of the County Clerk of Harris Comty, Texas, ander Clerk's File
iR-741573.
11 Pights of Parties in Possession.
ORDOCS Cal' IYI1101029 Pnge3or3
t3NIWEAS POLICY
PHOTOGRAPHS
2830 W. Holcombe Blvd. Property
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4 ~~s~~ ~,_here t
y Y
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77,
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11114-
a.
Photograph 1: Front of property, view to north (5/27/09)
•f
{
Photograph 2: View to east along front property line, with
adjacent fence in background (5/27/09)
PHOTOGRAPHS
2830 W. Holcombe Blvd. Property
,-tom
qi ~ t r t: .1
k
a
4
I ~
.
i
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Photograph 3: View to west along front property line, with
fence across Brompton in background (5/27/09)
y
16-
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1
Photograph 4: Mature tree in southeast portion of property, view to east (9/12/08)
City of West University Place
ofmw) • •
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 June 18, 2009. The hearing may be recessed and continued to a ZBA meeting set to
begin at 6:30 P.M. on July 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: 2830 West Holcombe, West University Place, Texas 77005
Legal description of the site: The south 145.25 feet of Lot three (3), in Block one (1), of West
University Place, a subdivision in Harris County, Texas, according to the map or plat thereof
recorded in Volume 444, Page 560, of the Deed Records of Harris County, Texas.
Docket No.: 2009-07 Applicant: Carmen Pokluda
Action Requested: Applicant requests a variance per Article 7, Table 7-6: Projections Schedule.
Note 12, Front Fences in Townhome Districts., Appendix A of the Code of Ordinances, to allow
a fence exceeding 7' in height and located within 5' of the front street line within a designated
townhome district.
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 & DevelopmentAssistant at 713.662.5843 in advance of the meeting.
Reasonable accommodations will be made to assist your participation in the meeting. The Municipal
Building is wheel chair accessible from the west entrance and specially marked parking spaces are
available in the uthwest parking area.
for the ZBA 06-05-09.
Signed:
x6aff
Sallye A. Clark, arming Assistant.
3800 University Boulevard • West University Place, Texas 77005-2899 • 7139668.4441 • ivivw.xestu.org
POKLUDA ROGER J & CARMEN S BROMPTON TERRACE HOMEOWNER GRISHAM BARBARA B
2830 W HOLCOMBE BLVD % LINDA LINDLOFF HOSKINS 2828 W HOLCOMBE BLVD APT J
HOUSTON TX 77025-1604 2828G W HOLCOMBE BLVD HOUSTON TX 77025-1604
HOUSTON TX 77025-1604
FLORES ELSA HU JESSE J WONG FRANKIE
TSAI KENNETH LEE SHUANG-YUAN 2828 W HOLCOMBE BLVD # D
2828K W HOLCOMBE BLVD 2828L W HOLCOMBE BLVD HOUSTON TX 77025-1604
HOUSTON TX 77025-1604 HOUSTON TX 77025-1604
MANZULLO ELLEN FRANCES CHEN ERIC LAM NICHOLAS C
2828C W HOLCOMBE BLVD 2828B W HOLCOMBE BLVD 2828E W HOLCOMBE BLVD
HOUSTON TX 77025-1604 HOUSTON TX 77025-1604 HOUSTON TX 77025-1604
PADMANABHAN ARUN HOSKINS ROBERT C & LINDA ROCKETTO HAROLD J & JOANNE
PO BOX 4704 2828G W HOLCOMBE BLVD 208 N 9TH ST APT 1117
HOUSTON TX 77210-4704 HOUSTON TX 77025-1604 SAINT LOUIS MO 63101-1442
RE: 2828 W. Holcombe Re: 2828 W. Holcombe
MCCARTY JOSEPH PRESCOTT DAVID M
MCARTY NAMI LEWIS PHILIP C & LINDA L 6701 BROMPTON RD PRESCOTT BERNADETTE
2828 W HOLCOMBE BLVD UNIT 1 HOUSTON TX 77005-3907 6711 BROMPTON RD
HOUSTON TX 77025-1604 HOUSTON TX 77005-3907
SCHEFFER DANIEL & MICHELE POWELL RICHARD C & ALISON M MELVIN JOHN F & CHUNLI TU
6712 BROMPTON RD 6713 BROMPTON RD
6719 BROMPTON RD
HOUSTON TX 77005-3908 HOUSTON TX 77005-3907 HOUSTON ON TX TX 77005-3907
TIMMRECK ERIC M & CAROL W CLARK GARY D & MAUREEN R LONG MICHAEL G
6720 BROMPTON RD 6724 BROMPTON RD 6728 BROMPTON RD
HOUSTON TX 77005-3908 HOUSTON TX 77005-3908 HOUSTON TX 77005-3908
WOMACK PATRICIA P & DONALD HUSTON DAVID P & MARILYN ROBERTSON W M
6732 BROMPTON RD 2801 CASON ST 12 PINE BRIAR CIR
HOUSTON TX 77005-3908 HOUSTON TX 77005-3913 HOUSTON TX 77056-1113
Re:2803 Cason Street
GAYLOR ALAN B & LILLIAN YEUNG CECIL S FOYE ROBERT JR & MILDRED
2811 CASON ST 2903 CASON ST 2909 CASON ST
HOUSTON TX 77005-3913 HOUSTON TX 77005-3915 HOUSTON TX 77005-3915
NOLTE RALPH & JANET
2912 BELLAIRE BLVD
HOUSTON TX 77025