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HomeMy WebLinkAbout10152009 ZBA Agenda Item 3 Memo To: Zoning Board of Adjustments From: Debbie Scarcella, City Planner Date: October 9, 2009 Re: Staff Report for Docket 09-10 The applicant in Docket 09-10, 3505 Tangle iy, s requesting a special exception under Article 12, Section 12-102 (e) of the zoning regulations to acquire PNC status for a side yard encroachment front corner of structure): applicant is also requesting a special exception under Article 12, Section 12-106 to acquire PNC status for a side yard encroachment (chimneys). Background Information The new house located at 3505 Tangley is covered by a building permit issued in 2007. The plans were approved as per the applicant's attachments (Exhibit #1 and #2) and showed two fireplace chimneys projecting into to the side yard setback by 14". The building site is 75 feet wide and the minimum side yard setback is 7.5 feet. During the course of construction a form survey and foundation survey were submitted and approved in order to move to the next phase of construction. At the time of final inspections, a final survey was submitted, and the projection into the side yard setback of two inches was noted at both fireplace chimneys and the northeast corner of the structure. In order to assist the homebuyer with the loan process, a temporary certificate of occupancy was issued, pending the hearing on this application. Staff Response The zoning regulations allow certain projections into the regulated yards. These allowed projections are contained in Article 7, Table 7-6 entitled "Projections". A fireplace chimney is allowed to project into the side yard a maximum of 12 inches. The projection of this stricture is fourteen inches, and was indicated as such on the approved plan. At the time the plan was approved, there was a misprint in the code of ordinances that appeared to allow an encroachment of 15 inches into the side yard. This misprint was discovered last year and has now been corrected. Staff believes this plan may have been erroneously approved based upon the misprint. Upon leaming at the time of final inspections that there was an encroachment, the builder immediately conferred with the building official and applied for the special exception. Additionally, the building official discovered an encroachment at the northeast corner of the structure that is due to an inadvertent error or misplacement of form boards on the lot. The applicant included this with the first request. Pagel 1 Staff believes that the ZBA has generally the authority to issue the requested special exception to grant PNC status for the front encroachment into the side yard as provided for in Section 12-102(e) of the Zoning Ordinance. The ZBA may only issue such a special exception if the applicant demonstrates all of the following: (i) The encroachment was inadvertent and neither misrepresented to the City nor hidden from City officials, (ii) The encroachment will not cause a substantial adverse effect on other persons, and (iii) The encroachment does not create a significant health or safety risk. The ZBA also has generally the authority to issue the requested special exception to grant PNC status for the fireplace chimney encroachment into the side yards as provided for in Section 12-106 of the zoning regulations. The ZBA may issue a special exception if the ZBA finds: (1) The nonconformance was clearly and specifically shown in plans and specifications duly submitted to obtain a city permit; (2) Before the work was done, neither the owner, the designer the surveyor, the contractor nor any other person assisting with the work knew about the noncompliance; (3) The non conformance was clearly covered by the city permit, and the permit was regularly issued; (4) After learning of the nonconformance, the owner promptly conferred with the administrative official and halted any further nonconforming work; (5) The item will neither constitute a health or safety hazard nor cause a significant impact upon another person or property; and, (6) The item can be brought into conformance with this section within the time period specified in the special exception, at a modest or reasonable cost. Exception: Bringing the item into conformance need not be required if the ZBA finds that the impact of the item on other persons or properties is either nil or extremely small. In addition to the findings listed in 12-102(e), to issue the special exception, the ZBA must find the following as provided in Section 11-102(b) of the zoning regulations: (i) The ZBA has determined 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, 22 (ii) The ZBA has determined that the proposed special exception will be in harmony with the general purpose and intent of [the Zoning Ordinance]; (iii) The ZBA has made any additional findings and determinations required by a specific provision of [the Zoning Ordinance], and (iv) The special exception has been reduced to writing and includes any conditions prescribed by the ZBA or required by [the Zoning Ordinance] for the special exception in question. r APPENDIX A-ZONING ORDINANCE § 12-106 Section 12-106. Special exception, certain work under permit. (a) Generally. The ZBA may issue a special exception to grant PNC status for a structural item that did not conform to this ordinance when it was constructed or established, if the ZBA finds: (1) The nonconformance was clearly and specifically shown in plans and specifi- cations duly submitted to obtain a city permit; (2) Before themork was done, neither the owner, the designer, the surveyor, the contractor nor any other person assisting with the work knew about the noncompliance; (3) The nonconformance was clearly covered by the city permit (the same permit for which the plans and specifications were submitted), and the permit was otherwise regularly issued; (4) After learning of the nonconformance, the owner promptly conferred with the administrative official (and voluntarily halted any further nonconforming work); (5) The item will neither constitute a health or safety hazard nor cause a significant impact upon another person or property; and (6) The item can be brought into conformance with this ordinance within the time period specified in the special exception, at a modest or reasonable cost. Exception: Bringing the item into conformance need not be required if the ZBA finds that the impact of the item on other persons or properties is either nil or extremely small. (b) Time to comply; conditions. No such special exception is effective unless it specifies a time period within which the item must be brought into conformance with this ordinance (if required; see above). PNC status granted for a specified time period is lost when the specified time period expires or if ownership is sooner transferred (unless the new owner acknowledges both the special exception and the date the time period expires, by written instrument filed with the administrative official before the transfer). Any special exception issued under this section may contain conditions designed to: (1) Reduce nonconformance; (2) Mitigate (or compensate for) the effects of nonconformance; ` 3) Achieve conformance sooner than the specified time period; or (4) Any combination of the foregoing. (c) Scope of exception. For good cause shown, such a special exception may allow completion, minor modification and occupancy of the structural item without losing PNC status. (Ord. No. 1883, § Vex. A), 11-10-2008) upn. No. 7 CDA:70.1 Sallye Clark From: Ralph Giles [argyles@mac.com] Sent: Friday, October 09, 2009 5:27 PM To: Sallye Clark Subject: Docket No. 2009-10 3505 Tangley Sallye A. Clark Planning Assistant City of West University Place 3826 Amherst Street Houston, Texas 77005 713-662-5843 fax 713-662-5369 Dear Ms Clark, We will be out of the city and unable to attend the October 15 meeting of the ZBA. We ask that you provide a copy of this message to the Board to represent the testimony that we would offer, were we able to attend. We are the owners of the property at 3501 Tangley, next door to the Farrant property. The 2" encroachment is adjacent to our property. We have absolutely no objection to this minor encroachment, and strongly urge the board to grant the exception requested by the Farrants. Respectfully, Ralph & Diane Giles 3501 Tangley Road City of West University Place, TX 77005 281-300-6550 1 mice Residential Design, LT.1792 10575 Katy Freeway, Suite 250 • Houston, Texas 77024 (Voice) 713.984.8604 • (Fax) 713.984.0159 October 8, 2009 Sallye A. Clark, Planning Assistant 3800 University Boulevard West University Place, Texas 77005 Re: 3505 Tangley I misinterpreted the zoning requirement allowing only 12" encroachment of fireplaces into the side yards. We meticulously review and make notes on our plans of zoning requirements for review from W.U.P. If you look at the attached site plan, how we noted the encroachment, our interpretation of the rule, including the max square footage allowed of encroachment at both locations. By no means were we trying to violate any W.U.P. required offsets, or zoning rules. I have noted this on our set of zoning rules and this mistake will not happen again. With this all being said, I urge the Zoning Board of Adjustment to allow a special exception pertaining to the additional 2" encroachment of the two fireplaces. Thank you. e'- Todd D. Rice, President Rice Residential Design, L.P. _..r.._.._.._.._. 75.00' west 5'-0` UTILITY (LOT 3 I (LOT 7I EASEMENT L________________ . _-__--__--__--_-L___-____-- E311ILDER SHALL L_._.fA.TE A/C EQUIP. FROM ANY BUILDING 517E - - -a- ACROSS THE REAR LOT LINE WITH A SOLID ` NALL AT LEAST ONE FOOT HIGHER THAN THE HIGHEST PART OF THE ECAIIPMENT 5'-0' 22O~-0 AERIAL A/C PAD V 1 SINGLE DISCONNECT SOUND EM155IGN LEVEL EXI5TIN6 POOL AND SPA TO REMAIN OF 7.0 BEL OR LE55 A/G UNITS TO GOMPLY WITH TABLE T-6 NOTE 11OF THE _ _ _ _ _ _ ______20'-0" REARYARD SETBACK CITY OF NEST UNIVERSITY r _ _ _ DO'' BACK ORDINANAW-E FOR SETBACK AND NOISE REGULATIONS I I I I I i I I I ~ I ' I I I I I I I I 1 ~ , I I 1 I ~ I I I 7 I I I I ' O J I ~ 11 I ~ I i 1 I I I 1 li II <<I< I I I Y ~ I I I'C I I ~I W~I W$q - . ti-- I ~ I NU1I Y I FIYiEP1..AlERL1GT5 . 0 OVEl2 SIDE~SEt~,4OK BY 14" ' (I5' MA){,) 8p"G .SECT. A ~O I ~ I IUD - - i Z 6'-0" NIGH STONE V (ALL I 1 - I'✓ FOLNDATI ATION L I 0: 01 01 o yROOF -]E-TS INTO 51 DE SETBACK 12 MAX. / FIREPLACE PRp (24"IMAXJ O SIDE AG BY 14 15" M J 5.0, I i I I I ' Roof JEGrs INTO SIDE SETBACK 14' MAX. X24' MAXI N _ _ _ _ _ _ _ _ _ 30" FRONT ~ I 1 YARD SETBACK east 25 of lot 2 and 61 II I lot west 50' of lot 3 I I I block 65 section 2nd. addition I I I ~I ! j city of west university place 75.00' east site zoning ordinance I setback compliance plan SGALEI/B' I'-0" ~ D ice Residential Designs O F T.I.B.D. 11111 Katy Free y Bite. 390 pence 713-984-8604 Hooet-, TX 77079 Fu 713.984-0169 3505 Langley road - - - - - - PLAN NO. 5325 FLYSHEET - - - - - - - - - - - - - - - - - - - r- -7 City of West University Place APPLICATION TO THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS ("CITY") Address of site: j G & j _NL--~T Sv F Legal description of the site: ~ 4 r -z 5 J C "y ,~2 /',.;D l-vT ~LvCIC t- JcsT ✓N ✓ri5~7Y C S~:coNJ hlj_b i7/0 !J ,rN> G,NCr_rc f=nRaaN r Applicant: Address: Contact: Aj,b <'rzow Phone: -7t3-67S- 6q Fax: -i3-G65 6S.Vo Email: d.:~o G1s~uNc~L~c. v~ 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: ~jCC,Tia,J 12-(06. SP~C1AL_ 4-- X~GP-71I.)/- CZ 27A,. w ~K • Exact wording of special exception requested: F'iC~nL Xcln7P7evN !o Accv~, rz~ ~?NCT`T S Tura ~it7L` Y~1~ I~ ~-`vcKUAC~-Im~'~1 c>F 2- v~JT,y 9~uS~~ciron> CF F,,2~~"'~-~c~S .9NJ ( ) Variance. • Exact zoning ordinance section from which a variance is requested: • Exact wording of variance requested: Other Data. Are there drawings or other data? ( )No (t-(es(list items here and attach them) - N 4 c2 /t a 1 v r_ F 1-' E ,~7 V C S tj :V J Ls\ T, f L Q'V iZ eL n N ".1 ~,rvJ i 0~ L~ R~2~ 1S F r✓iLr1.'.S <Z %ie YZ L`e i S ~ r,/hL 5~-2 ,,~-y GF Q~! ~,,>~,rc_iy i , i c ~ r'>c CY~ Attached. The applicant has read the State and City regulations attached. Signature of applicant: C ' Da e: t For Staff Use only Date filed: ~ ~ ~ ~ bate heard: ~ ( DQC;ket# OO y ~ O August 26, 2009 City of'West University Place Zoning Board of Adjustment West University, Texas 77005 RE: 3505 Tangley Narrative ofZoning Issue to Review I, David Crow, owner of Stonehenge Classic Homes, Inc., offer the following statements as to how the Zoning error occurred at 3505 Tangley. I . My clients, Simon & Ginger Farrant, hired Todd Rice Residential Design to draw plans for the current residence located at 3505 Tangley. Upon being awarded the contract to build the house, I submitted the final plans to the City of West University Place for building permits. These plans showed that the two fireplaces were going to project into the side yard setback 1'2". (NOTE: In a recent conversation with Todd Rice on this issue, he stated that he had believed the setback to be 15" and has designed homes this way for many years). I have submitted Exhibit I & 2 showing the area of plans with dimensions noted. In addition to this, when building the residence, the form on the front Northeast corner of the property was allowing the corner of the home to cross 2" over the side setback. This was an error that was not recognized by anyone at the time including the City of West University officials who granted approval on the form survey that was submitted. 2. The home was constricted per approved plans and no knowledge of these errors were recognized until the Final survey was being reviewed by City during last inspections. The proper process of submitting the form survey (attached as Exhibit 3) which shows the same projection/encroachments was also approved without any question prior to slab being poured. 3. Upon hearing about the issue, we promptly conferred with the City official's on the matter, and all work had already been completed at this time. 4. Due to the fact that the side setbacks are fairly large with this 75' wide lot, and the neighboring property is approximately 8' from the property line (making houses over 14' apart), we feel there is no significant impact to person or property. (Exhibit 4 & 5 have been attached to show a visual of area in question) 5. Attempting to rectify the encroachment at this time could hinder the integrity of the chimneys and existing veneer wall as well as make it very difficult to insure proper weatherproofing, etc. that would be altered in an attempt to remove 2". Thank you for your consideration, David Crow President Stonehenge Classic Homes, Inc. (AT a'-8" HD. HT. Y vvrv~l~ 1 ~ v~.,~~ TREADS WDOD i to ALL PLUMBING FIXTL -~-11 411 AND R15ER5 DROP i R30-7.2 (IRG 200 ~p O 3- LL 4 Oa e ~ ARCH S.R.O. RAIL 5 - ~ c IDRAIL - - _ ( OAS N b Q - - - I LT. S uC1r e f -I II 00~ e `ri - FIRST FLOOR I 3:u m E A O SECOND FLOOR 8'I 10 9 8 -f Q 3'-8" II 5'-10" L ~t I BARREL GLG. 24bO h I 2'5 9--.6. _ LIVING AREA It 41 I II 9'-8" TO II'-O m L DING r r • I AT 81-8" - WOOD f=LR. I HD. HT. PORCH 4 oq e- - - d VERANDA ARCH S.R.O. I - PORTE GOGHERE 2" O i I THREE GAR GARAG WOOD i m BONUS ROOM - PANELED WALL TOTAL GOV'D. AREA I - - - - - - - - - - jFR05T PROOF t. I HOSE BIB ZV Stud N _ ~ ~ © z o ~ X I6-I0" - O i- r C, Q, e I -O" BEAMEPLG. I a 3 y ICE RESIDENTIAL D: HOOD FLR. 13- 26-7 °ARGH ESIGN FIRM. WE AM - - ' " F.G MULLED AT O DESIGN STRUGTUF Cos Ci i YAL BHA_ _ _ _ _ _ _ _ HD. HT. - PROFE55IONAL ENGI P 41THIN 45" (MAXa F THE FRAMING AND FC LOG LIGHTER I °-L PRESENT ON THE DR/ 15 -6 I T SHALL BEAR THE RE! 42" PRE-FAB + RIGE RESIDENTIAL DI FIREPLACE W/ - FOR THE STRUGTURAI FLUSH HEARTHd PROBLEMS VJHIGH M? r- - I BOOKS GAS BOOKS H I ,I SETBAGKA~ 4, - f i C t FR05T PROOF _ HOSE BIB L r 7 T- ✓ 11 a. DROP pr I 16 -8" 6'-I I" 5'-4° 6'_5I I U6. FROM~T i 1m, ~ ~ 2- 3 BAR. VV 6 oq e I I q'_8"~~9~1►'-O" 6 104 N I i ARGi I I 6° 18 F.G. ARCH S.R.O. I I MULLED ABV. 4 18 AT q'-8" HD. T. - ~ I I I 0 d) DR P~~ - I I i ~ARG4-.jq R.O.\ j - I tt 140---1 I I I O~ I I ARCH .R.O. EDGE OF SECOND I I p-LLI 1 1 FLOOR ABOVE 1133 I I TYPIGAL I I I I II ~;.II I d 0 I I I I I great rm.ll I I - i ~O o I'7'-6" x 25'-0" I BEAMED GLG. I I I I I I ° ~ Z n 12oq 85.R.0. W/ ? 4- -i, I CATHEDRAL GLG. I f I „ f BEAMED HOR. o =c. I I - I I 5EE OWNER FOR 1 J► 6 I WOOD R. DETAILS I I Q a~ o I I I I I I I - -V I I I I I I 4;V-PkE-FAB I I I I I i ti N I mpt- y, 'dam I FIREPLAGE W/ I I I RAISED HEAR I I 231-6" I I - I" I 6A5 YA-1 SHALL BE I I I I I I c ? ? ( WITHIN 45" (MAX) OF I I I y a o 'v I L06 LIGHTER _ I I 0 I z 6AS 1 14 14 zi I r fV = J L FR05T PROOF o o b 2- 2 6 .6. W/ 2- 2 6 .6. W/ 2 6 G. Y H05E BIB 2- 2029F. . MULLS 2-2 020F. . MULLED 261 ~.6. ABV. AT HD. H . ABV. AT HD. HT. MULLED AE I AT q'- " HD. I B I 7 PROBSTFFLD &ASSOCIATES PROHSSIONAL LAND SURVEYORS 515 Pack Jr-, Saito 102 K ty, T.-.,, 77450 Offire (2811829-0034 F..(280829-0233 C/L 49.17 Tangley Road _ TBMm CIL 48.90 60' R. O. W. x l g N TIC 49 43 TIC 49.26 TIC 49,72 TIC 49.15 11 G48.H G4876 G48.72 G48.6J Scale: 1" = 20' Fho Fnd. 5r8- Fnd vz• Fna. sle• East 75.00' Fna s/e- n< ad Iran Rod rnn M , Roe vt ? Top Papa WICep Ir-C., 50.28 so", • Iron P. F. (N.O ion 50-16 • 5037 Iron Rod WICap 5000 Fno. 3/4• 62.32 Fnd. 518• 62.5r 25.00 50-00' 50.00 Iron Plpe ron Rod I ~p IS. 0. ZY) Iwlcap I N m 0.1 30.1 J J Lot 3 Lot 2 N 126 6 adilFBil t'7:' 't►, I y' r~11 1 ~I ~~i'r ~ v~ I-0~ 6 J~'~ n.' ir.s in w if 15.0 a~~( Q `ll f J 611 H4 tuv h L" 2 /•Y' 46 -78- -cc G `b gyp°n 2.5 1.0 O m Y a Wood Form 7.6 °p 19.1 1V2 ~e & [7 O m m 1 2 63 a s:~m (D z Co F G N e 3.4 o 16.1 open u IB.1 8 ~e V m f, I O 5' X 20' Aenal Easanrenl See Notes (Vd. 920, Pp. 474 "CDR) o hung pool 10.5 swim 931. Pg - -291 MCDR)_ 5 Jb ry Easement (Vd. 920 Pg 414 HCOR) 0.1 8.0 6.0 24 _ (Vd. 931. Pp. 291 HCDR) 50.00' Fnd. SVIC F tl 3/4' 0.3 8' wood Pena 1.1 S' wood 1.1 Iron Rod Iron Rod 0.9 Fnd. 9 •P1 I,W/. I cab . LDt 5 West 75.56' (Can 75.00') Loth Fnd. 3/4• Lender Schlumberger Employces;Creee Union Pindwd Plumb Street Top Pipe NOTES: • Guilder Id assure the finished -m m does not encroach In. the 5'. 20' Aadel Easement. • Lot -bled to any and all unrecorded ...amenb used by the City of West University Plau. • Lot subject Id the CM of West Univandy Plau Zoning Ordmanus as recorded in Volume 1075, Pape 465 S Clark's File No. R741573 of Hells County, Texas. • Surveyor hes not abstracted properly This survey has bean prepared based upon Infi-tion providw by the We company. No independent investigation of the --y of the title company" work has been parrmmad by the surveyor. Zoning ordinances and -ring building at beck line. (IF ANY) are not shown. • An -..hg4 era mfarencad to the retAmae dal unless oth- noted. i PLAT OF PROPERTY FOR: Simon L. Farrant & Ginger Renee Farrant Iherebyce ythat he above at 3505 Tangley Road plat correctly represents the ~E OF 2. ~P ST . ° East 25.00' of Lot 2 & the West 50.00' of Lot facts found at the time of the ~ ••~G FRF~ 3, Block 65, West University Place, Second Addition survey made on the ground Tt.......................... as recorded in Volume 538, ',Page 147 of the Deed . tdATHE.. J. PROBSTFELD under my supervision, and w••• Records _of,. Hazris County, Texas. 0 4985 Date 615%07 there are no apparent Rev 6 ised: /17/08 encroachments at the time of l9~°F~SS~ y0 ~ Si1R~F' This Property does not lie within the designated 100 year flood pled.. _ this survey, unless show or Panel No. 48201C 0860 L noted otherwise. Zone: Shaded X Date:. 6/18/07 Located by graph, plotting only, nor zpdnsmk Yor dust det-babob MATHEW J. PROBSTFELD ~ w This in-ey was performed in accordmce with Title Commitment Registered Professional Land Surveyor Provided by: Chicago Title Company Slate of Texas No. 4985 GFN 0519847PC (12/1/05) Job q 207-134 THIS SURVEY 13 THE PROPERTY OF PR063TFELD L ASSOCIATES, INC., 13 CERTIFIED FOR THIS TRANSACTION ONLY, AND 13 NOT TRANSFERABLE TO ADDITIONAL INSTITUTIONS OR OWNERS. EES/JWM -PER a `y dy g a L~ ~j 4 IMF, «kg *a , ,x S~ k~ di w 1# kX`' , P fir s ~w 71 44 P~ e w V lL l~ OF r~t~""~ir4 r'14 1 ~ , • 'i :.8.r `,~'S: 'J~ ' L JTV l7 7 1 G 9 t ( y ~ ~ 1 ~ f ~ s ~ 1 j } i r~. i+ ~,~~Pr 1. r lit r'. ~ aP T45-•d, 1. ~ ~ 4 p ~ ~ C t y pp~py~~N-~++ ~itr ~ .,k 4Nx jFYf. 4dya sJ 2} ~,1 ' 664 } ° a k n f 9} f'.4 j 4 41 `pY ,k ~'y tj~ A dMy14 r VIM~iq~'V y4 ft yyy ~ ~ F 4'~"j 4~1 , . t L~ Mt P 4 ~ t:.* 1 vd''~'.~Mk 1-` rc~ WFy~ • VI I (A/ O F v { - ti," ~ i rii "a;'~` .;~~;t~,*" a4e • n 1.'t"?'~ i+ - ~~4. ,h } b C AT R.00/ f\QEQ~~.G e dM ' r r t Xa ~yly®6 f'j 4 u S r~ ~xwY; t Q'ie"3t r ~ x y e ] 1 e Cry( p ~ , 5 rya'9a3rt t }P• .t'' .y«~'~' a ~ ~ ~ ',n1, ~~N{~j )r'j 8.4 I' 'wEr. y3~y rlF~ e ftm- 14 OP-tCs11Jh L QLANS PROBSTFELD ASSOCIATES PROFESSIONAL LAND SURVEYORS 515 PARK GROVE DRIVE, SUITE 102 ♦ KATY, TEXAS 77450 (281) &N-0034 A PAX (281) 829-0233 CA- 49.17 TBM + - TANGLEY ROAD 60' R.O.W. G 48.88 G 48.76 G 48 72 G 48.03 TIC .49.43 T/ri 4926 T/C19,22 T/C 49.15 Scale: 1.,. - 20' Fne..374' Fna.sre•, -FM.12 East 75.00' . Pirow Iron Roe Iron Roe Fnd. 5/8' Top Pips •P 50.16 o-m Roe F- 1/r vf'C W/Cep. (N: 0.1% • 50.28 • 50.33 • 50.31 Iron Rd W/cep 50.00' Fnd. 3/4• 82.37 FrM. S/e' 1 _2 25.arf. ,1 50,W 1 2 3 1150.4 50.00' Iron Pipe Iron Rd 11502 21502 (5.027) w/cep 2)500 .p' - 3)50.3 lm Lot 2 Lot 3 d ,1500 , ~ I • ti~ z15os z 7.5 - 5.7 1)50.7. ✓ ~t) 15.0. 1 2 3 2) 60.5 n r~ r ~rI 3)50 I~ F 1s 6 IMS U FIL1937 - <4 3)506 20 T O 1,.g. '1T 1 1.0 ~v D.a I 2-Story 1 2 3 2)Tic50.1a FI (l~ 2- -1 T~ R FM1 19.30 rn 6 CavarM _ Bxi Ck, (l I'..e 3)50.5 C) FF=51.75 ,.o W 8 1)soA t)5o.a 2) 60.7 1 1 2 3 x180.7 S W u r~T7 3)50.8 1 2_1 7e 315DE O F,1 N - o 17 e 1 - 1.2 63 Z o 239 cr~LKg~/ a 9 _ ,es . 1 2. 3 1750.6 Oo 5 • °/G 51:20 aP`1 JI50.6 )~II•ti►LA'~ F.~ Covered F F2 50:57 G 1)506 hry - 31 1 i1.6 i I • ~9 • 5 2 0.6. T~ W.42 2-Story I ~ ~q^ FIL 49.57 T1 1 r~ FIL09- 13,iA V' 1 game 2) TIG WsJ I d . FAi 49.92 l2 i3 0. FF--5t.40 y 3) 50.6 'Pip Sep Notes1) h^ 5'X 20 Renal Eavement awhnmlrp 0001 Nd. 920, Pg. 474 HCDR) (Vd 931, Pg. 291 HCDR) -_______1)507 2IW-0 3A _ _ _ _ _ S Uety E- 31_50.] 23 . d, - (Vol. 920. P9. 174 HCDIT) Nd. 93r. Pg. 291 HCDR/ 0.1 ~e - - ~o aeoaa pry. h•o So.ar Fne. s-a- FrM.'314' D.3 8',+vbod haxis FM. 17r Mon Rae LCNOEIU Schlumbara.r EMpto I 0.3 Mm Rod Y« • c,wH Unl.e Mon Rbd - West 75.56' W/c.p NOTES: Lei s to.6 Ica ]6.07) ' • Elevations. shown based on City of West University Place Benchmark No. 1 Elevation = 51.59' NAVD88 (2001 Adjustment) B • Finished structure does not encroach Into the 5' x 20' Aerial Easement.' - • W subject to any and all unrecorded easements used by the City of West University' Place. - Let subject to the City Of West University Place Zoning Ordlnances as recorded in Volume 1075, Page 485 8 Clerk's File No. R741573 of Harris County, Texas. • Surveyor has not abstracted this property. This survey has been prepared based upon information provided. by the title company. No independent investi9 Pation of the pi3/4- d,ee accuracy of the title company's work has been performed by the surveyor. Zoning ordinances and zoning building setback lines ('rf any) are not shown. rap Pipe Surveyor has not reviewed restrictive covenants as set forth under Exceptions From Coverage in Schedule B of the Title Commitment. All bearings are referenced to the recorded plat unless otherwise noted. PLAT OF PROPERTY FOR: - Simon L. Farrant and Ginger Renee Farrent I hereby certify that the above plat AT _ 3505 Tangley Road ° City of West Ugivenity Place TX cwecffy represents the facts OF T LGL: East25.00' of Lot 2 a-the West 50.00° of Lot 3, Block 65 - Fy found at the time of the survey C*D 4(jI STFR~ . West University Place Second Addition Volume 338, Pag. 147 made on the ground, under my * a<°° 6f the bead Records of Hauls Couety, Texas - - supervision, and there are no J. PRO..J Y A 49B5 v: SCALE' 1" • 20" apparent encroachments at the P P. :DATE! - 6118/07 l-q•~f'ES~~~`O~ REVISEDDATE• 7/02108 _ time of this survey, unless showy, y0 °S U RvF'y This Pn p" DOES NOT U. withln the gsieoate4 100 year FloodPhin. - - or noted otherwise. PANELNO: 48201C 0860 L ZONE: - Shaded -X EFF. DATE: 6118107 - - BASE FLOOD ELEVATION:. - MA LOCATED SY ORAPNIC PLOTTING ONLY AND NOT RESPONSIBLE FOR ACTUAL. DETERI HATION.- _ MATHEW J. PWBSTFELD TINE SURVEY WAS PERFORMED IN ACCORDANCE 1rYrf111TTLE COMMRINENT - Registered Professional. Land Surveyor PROVIDED BY: Chi.". TALI. Comparry State of Texas No. 4985 - GF#: os19s4TPC l1 a/vg37 JOB # 20T 134. DRAWN BY: EES/JWM THIS SURVEY 13 THE PROPERTY OF PROSSTFELD A ASSOCIATES, INC., 13 CERTIFIED FOR THIS TRANSACTION ONLY, AND 13 NOT TRANSFERABLE TO ADDITIONAL INSTITUTIONS OR OWNERS. APPENDIX A-ZONING ORDINANCE § 12-106 Section 12-106. Special exception, certain work under permit. (a) Generally. The ZBA may issue a special exception to grant PNC status for a structural item that did not conform to this ordinance when it was constructed or established, if the ZBA finds: (1) The nonconformance was clearly and specifically shown in plans and specifi- cations duly submitted to obtain a city permit; (2) Before the.work was done, neither the owner, the designer, the surveyor, the contractor nor any other person assisting with the work knew about the noncompliance; (3) The nonconformance was clearly covered by the city permit (the same permit for which the plans and specifications were submitted), and the permit was otherwise regularly issued; (4) After learning of the nonconformance, the owner promptly conferred with the administrative official (and voluntarily halted any further nonconforming work); (5) The item will neither constitute a health or safety hazard nor cause a significant impact upon another person or property; and (6) The item can be brought into conformance with this ordinance within the time period specified in the special exception, at a modest or reasonable cost. Exception: Bringing the item into conformance need not be required if the ZBA finds that the impact of the item on other persons or properties is either nil or extremely small. (b) Time to comply; conditions. No such special exception is effective unless it specifies a time period within which the item must be brought into conformance with this ordinance (if required; see above). PNC status granted for a specified time period is lost when the specified time period expires or if ownership is sooner transferred (unless the new owner acknowledges both the special exception and the date the time period expires, by written instrument filed with the administrative official before the transfer). Any special exception issued under this section may contain conditions designed to: (1) Reduce nonconformance; (2) Mitigate (or compensate for) the effects of nonconformance; (3) Achieve conformance sooner than the specified time period; or (4) Any combination of the foregoing. (c) Scope of exception. For good cause shown, such a special exception may allow completion, minor modification and occupancy of the structural item without losing PNC status. (Ord. No. 1883, § 1(ex. A), 11-10-2008) Supp. No. 7 CDA.70.1 From: 7136656540 Page: 111 Date: 7122/2009 5:21:02 PM AUTHORMATION LETTER TO ASSIGN AGENT TO WORK ON OWNER'S BEHALF This letter is in reference to allowing the undersigned, David Craw, to work on our behalf in all matters pertaining to the submission of documents and attendance to meetings regarding the variance request for our property at 3505 Tangley Drive, West University, Texas, 77005. Owner: 1 (Simon Fan-ant) Date: VL Owner: ,(.(Ginger Farrant) Date: Authorized Agent: (David Crow) Date: 22- Zd~~ --r SWOP~N TO AND SUBSCIBED before me, the above authorities, on this the c7V day of 2009. E H a H A FROG N VEY JMY CMMSM e J M 20112 ]ES Notary Pub and THE STA OF TEXAS 'THE FOLLOWING COMMITMENT FOR TITLE INSURANCE IS NOT VALID UNLESS YOUR NAME AND THE POLICY AMOUNT ARE SHOWN IN SCHEDULE A. AND OUR AUTHORIZED REPRESENTATIVE HAS COUNTERSIGNED BELOW. COMMITMENT FOR TITLE INSURANCE ISSUED BY CHICAGO TITLE INSURANCE COMPANY We. Chicago Title Insurance Company, will issue our title insurance policy or policies (the Policy) to You (the proposed insured) upon payment of the premium and other charges due, and compliance with the requirements in Schedule B and Schedule C Our Policy will be in the form approved by the Texas Department of Insurance at the date of issuance, and will insure your interest in the land described in Schedule A. The estimated premium for our Policy and applicable endorsements is shown on Schedule D There may be additional charges such as recording fees, and expedited delivery expenses. This Commitment ends ninety (90) days from the effective date, unless the Policy is issued sooner. or failure to issue the Policy is our fault, Our liability and obligations to you are under the express terms of this Commitment and end when this Commitment expires CHICAGO TITLE INSURANCE COMPANY Hsu By. o°yaAPO~r o 6 s ATTEST PnsldwU ° SELL Authorized Signatory " Samtary Reorder Form No 8287 (Reprinted 04/02) Commitment For Title insurance (T•7) COMMITMENT FOR TITLE INSURANCE SCHEDULE A Effective Date: December 1, 2005, 8:00 am G.F. No, or File No 0519847PC Commitment issued: December 15, 2005, 8:00 am 1. The policy or policies to be issued are: (a) OWNER POLICY OF TITLE INSURANCE (Form T-1) (Not applicable for improved one-to-four family residential real estate) Policy Amount: PROPOSED INSURED: (b) TEXAS RESIDENTIAL OWNER POLICY OF TITLE INSURANCE - ONE-TO-FOUR FAMILY RESIDENCES (Form T-1 R) Policy Amount: $870,000.00 PROPOSED INSURED: Simon L. Farrant and Ginger Renee Farrant (c) MORTGAGEE POLICY OF TITLE INSURANCE (Form T-2) Policy Amount: $600,000.00 PROPOSED INSURED: Schlumberger Employees Credit Union Proposed Borrower: Simon L. Farrant and Ginger Renee Farrant (d) TEXAS SHORT FORM RESIDENTIAL MORTGAGEE POLICY OF TITLE INSURANCE (Form T-211) Policy Amount: PROPOSED INSURED: Proposed Borrower: (e) MORTGAGEE TITLE POLICY BINDER ON INTERIM CONSTRUCTION LOAN (Form T-13) Binder Amount: PROPOSED INSURED: Proposed Borrower: (I) OTHER Policy Amount: PROPOSED INSURED: 2. The interest in the land covered by this Commitment is: Fee Simple Chicago Title Insurance Company Continuation of Schedule A G.F. No. 0519847PC 3. Record title to the land on the Effective Date appears to be vested in: MARTIN H. LINDENBERG and wife BARBARA J. LINDENBERG, by virtue of deed recorded under Harris County Clerk's File No. P886413. 4 Legal description of the land: The East Twenty-five feet ( E - 25') of Lot Two ( 2 ) and the adjoining West Fifty feet ( W - 50') of Lot Three (3 Block Sixty-five (65), of WEST UNIVERSITY PLACE, SECOND ADDITION, an addition in Harris County, Texas, according to the map or plat thereof recorded in Volume 538, Page 147, of the Deed Records of Harris County, Texas. I Chicago Title Insurance Company COMMITMENT FOR TITLE INSURANCE SCHEDULE B EXCEPTIONS FROM COVERAGE In addition to the Exclusions and Conditions and Stipulations, your Policy will not cover loss, costs, attorneys' fees, and expenses resulting from: 1 elete-t#is- en~eptier}}; 2 Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments or protrusions, or any overlapping of improvements. Company has approved the current land title survey and upon request, and payment of any promulgated premium, this item will be amended in the policy(ies) to be issued to read: 'shortages in area'. 3.. Homestead or community property or survivorship rights, if any, of any spouse of any insured. (Applies to the Owner Policy only), 4.. Any titles or rights asserted by anyone, including, but not limited to, persons, the public, 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 lands beyond the line of harbor or bulkhead lines as established or changed by any government, or c. to filled-in lands, or artificial islands, or d. to statutory 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 rights of access to that area or easement along and across that area (Applies to the Owner Policy only ) 5. Standby fees, taxes and assessments by any taxing authority for the year 2006, 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 of an exemption granted to a previous owner of the property under Section 11. 13, Texas Tax Code, or because of improvements not assessed for a previous tax year. (If Texas Short Form Residential Mortgagee Policy (T-211) is issued, that policy will substitute "which become due and payable subsequent to Date of Policy" in lieu of "for the year 2006 and subsequent years.") 6 The terms and conditions of the documents creating your interest in the land.. 7 Materials furnished or labor performed in connection with planned construction before signing and delivering the lien document described in Schedule A, if the land is part of the homestead of the owner (Applies to the Mortgagee Title Policy Binder on Interim Construction Loan only, and may be deleted if satisfactory evidence is furnished to us before a binder is issued.) 8, Liens and leases that affect the title to the land, but that are subordinate to the lien of the insured mortgage. (Applies to Mortgagee Policy (T-2) only.) 4. The Exceptions from Coverage and Express Insurance in Schedule B of the Texas Short Form Residential Mortgagee Policy (T-211). (Applies to Texas Short Form Residential Mortgagee Policy (T-2R) only. Separate exceptions 1 through 8 Chicago Title Insurance Company Continuation of Schedule B G.F. No 0519847PC of this Schedule B do not apply to the Texas Short Form Residential Mortgagee Policy (T-211). 10. The following matters and all terns of the documents creating or offering evidence of the matters (We must insert matters or delete this exception.); a. The right to place water, sewer and/or gas mains within 2 feet along the rear property line together with aerial easements where applicable dedicated by instrument recorded in Volume 920, Page 474, of the Deed Records of Harris County, Texas. b. An easement 5 feet wide located along the rear property line together with an unobstructed aerial easements where applicable dedicated by instruments recorded in Volume 920, Page 474, and Volume 931, Page 291, both of the Deed Records of Harris County, Texas. NOTE: This easement appears to encompass the above described 2 foot easement. C. Unrecorded prescriptive casement(s) as claimed by the City of West University Place. d. Terms and provisions contained in that certain instrument pertaining as to the property line, all as set forth and described In instrument dated December 28, 1983, recorded under Harris County Clerk's File No. J337200. NOTE: This line being further defined as an easement with location described by metes and bounds therein, all as set forth and described in instrument dated June 18, 1988, recorded under Harris County Clerk's File No. L728533. e. Building and zoning ordinances in force and effect in the City of West University Place, including notice recorded in Volume 1075, Page 485 of the Deed Records of Harris County, Texas and riled for record under Harris County Clerk's File No. R741573. (Owner Policy Only) f. Terms and provisions of any and all leases, together with rights of Lessees thereunder. g• Rights of parties in possession. h. Fence along the south, east and west property lines does not follow the boundary lines, as reflected on survey dated October, 3, 2002, prepared by Daniel King, R.P.S. No. 4764. Chicago Title Insurance Company COMMITMENT FOR TITLE INSURANCE SCHEDULE C Your Policy will not cover loss, costs, attorneys' fees, and expenses resulting from the following requirements that will appear as Exceptions in Schedule B of the Policy, unless you dispose of these matters to our satisfaction, before the date the Policy is issued: 1. Documents creating your title or interest must be approved by us and must be signed, notarized and filed for record.. 2. Satisfactory evidence must be provided that: a. no person occupying the land claims any interest in that land against the persons named in paragraph 3 of Schedule A, b_ all standby fees, taxes, assessments and charges against the property have been paid, c. all improvements or repairs to the property are completed and accepted by the owner, and that all contractors, subcontractors, laborers and suppliers have been fully paid, and that no mechanic's, laborer's or materialmen's liens have attached to the property, d, there is legal right of access to and from the land, e. (on a Mortgagee Policy only) restrictions have not been and will not be violated that affect the validity and priority of the insured mortgage. 3 You must pay the seller or borrower the agreed amount for your property or interest. 4 Any defect, lien or other matter that may affect title to the land or interest insured, that arises or is filed after the effective date of this Commitment. 5. The title insurance policy being Issued to you contains an arbitration provision. It allows you or the Company to require arbitration if the amount of insurance is $1,000,000.00 or less. If you want to retain your right to sue the Company in case of a dispute over a claim, you must request deletion of the arbitration provision before the policy is issued. If you are the purchaser in the transaction and elect deletion of the arbitration provision, please inform us through your loan closing instructions. 6. Procedural Rule P-27 as provided for in Article 9.39 of the Texas Insurance Code requires that "Goods Funds" be received and deposited before a Title Agent may disburse from its trust fund account. 7. Our office requires an Affidavit as to Debts and Liens to be executed at closing. 8. Item 2, Schedule B will be amended to read "Any shortages in area" in the Owner's Title Policy if we are furnished a current survey plat prepared by an approved licensed surveyor who certifies that there are no discrepancies, conflicts in boundary lines, or any encroachment(s), or any overlapping of improvements, and the payment of the additional required premium: 5% of the basic rate for this amendment on residential policies and 15% on other owner policies. 9. "Rights of parties in possession" shown in Schedule B of this commitment will be deleted from the Owner's Title Policy ONLY if an inspection is made and paid for which shows no parties in possession other than the owner or purchaser(s). If such an inspection is not required, the purchaser(s) must sign a Waiver of Inspection and acknowledge that they understand that the Owner's Title Policy will be issued subject to the rights of parties in possession. 10. Company requires a legible copy of current drivers license or other positive proof of identification of the parties to the closing. U. EFFECTIVE JANUARY 1, 2004 - NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS Chicago Title Insurance Company Continuation of Schedule C G.F. No. 0519847PC INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS. YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE. 12. Texas Home Equity Security Instrument dated May 12, 2004, filed for record on May 18, 2004, under Harris County Clerk's File No. X618649, executed by Martin H. Lindenberg and wife, Barbara J. Lindenberg, to Don Ledbetter, Trustee(s), to secure the payment of one note in the principal sum of $581,250.00, payable to the order of Homecoming Financila Network, Inc., and subject to all of the terms, conditions and stipulations contained therein, including but not limited to any other and future indebtedness also secured by this lien. 13. NOTICE TO BORROWER: You may have the right to use a prior survey under certain circumstances. ANY REQUIREMENT FOR A NEW SURVEY IS NOT A REQUIREMENT OF THE TITLE COMPANY if a qualifying prior survey is provided to the Title Company and a sworn affidavit in lieu of updated survey is given by the borrower stating that since the effective date of the prior survey and up to and including the date of the affidavit there has been no (i) construction projects such as new structures, additional rooms, garages, swimming pools or deckings; (il) changes in the location of boundary fences or boundary walls; (iii) construction projects on immediately adjoining property(ies) which construction occurred near the boundary of the Residential Real Property; (iv) conveyance or replattings or easement grants or easements dedications by the borrower. Countersigned ,Arne"r;i~oinntt Title Houston 'By- Authorized Counter Signature Chicago Title Insurance Company COMMITMENT FOR TITLE INSURANCE SCHEDULED G. F. No. or File No. 0519847PC Effective Date: December 1, 2005, 8:00 am Pursuant to the requirements of Rule P-21, Basic Manual of Rules, Rates and Forms for the writing of Title Insurance in the State of Texas, the following disclosures are made: I. The following individuals are directors and/or officers, as indicated, of the Title Insurance Company issuing this Commitment CHICAGO TITLE INSURANCE COMPANY, a Missouri Corporation The shareholders owning or controlling, directly or indirectly, ten (10%), or more of the shares of Chicago Title Insurance Company: CHICAGO TITLE AND TRUST COMPANY, an Illinois Corporation The names of the Directors of Chicago Title Insurance Company: Christopher Abbinante, Ronald R. Maudsley, Erika Meinhardt, Raymond R.. Quirk, Burton J, Rain, Ernest D. Smith, Alan L. Stinson, Frank P. Willey and Thomas E. Evans The president, the executive or senior vice-president, the secretary and the treasurer of Chicago Title Insurance Company: Chairman of the Board, President and Chief Executive Officer: Raymond R Quirke Senior Vice President: Christopher Abbinante Vice President and Corporate Secretary: Todd C. Johnson Vice President and Treasurer: Patrick G Farenga 1 Disclosure of Continental Title, L L C D/B/A AmeriPoint Title Houston a. The names of each shareholder, owner, partner, or other person having, owning or controlling one percent (1%) or more of the Title Insurance Agent that will receive a portion of the premium are as follows: R. L., Buckalew, W. Allen Shindler 3. You are entitled to receive advance disclosure of settlement charges in connection with the proposed transaction to which this commitment relates. Upon your request, such disclosure will be made to you. Additionally, the name of any person, firm or corporation receiving any sum from the settlement of this transaction will be disclosed on the closing or settlement statement. You are further advised that the estimated title premium' is: Owners Policy $5,121.00 Mortgagee Policy $100.00 Endorsement Charges $487.60 Other Total $0.00 $5,708.60 Of this total amount: 15% will be paid to the policy issuing Title Insurance Company: 85% will be retained by the issuing Title Insurance Agent; and the remainder of the estimated premium will be paid to other parties as follows: Amount To Whom For Services 'The estimated premium is based upon information furnished to us as of the date of this Commitment for Title Insurance. Final determination of the amount of the premium will be made at closing in accordance with the Rules and Regulations adopted by the State Board of Insurance This commitment is invalid unless the insuring provisions and Schedules A, B, and C are attached. Chicago Title Insurance Company TEXAS TITLE INSURANCE INFORMATION Title insurance insures you against loss resulting from certain El seguro de titulo le asegura en relation a perdidas resultantes risks to your title de ciertos riesgos que pueden afectar el titulo de su propiedad. The Commitment for Title Insurance is the title insurance El Compromiso pars Seguro de Titulo es la promesa de la company's promise to issue the title insurance policy. The compania aseguradora de titulos de emitir la poliza de seguro de Commitment is a legal document. You should review it titulo.. El Compromiso es un documento legal. Usted debe carefully to completely understand it before your closing date. leerio cuidadosamente y entendario completamente antes de la fecha paia finalizar su transaction. Your Commitment for Title insurance is a legal contract between you and us The Commitment is not an opinion or report of your title It is a contract to issue you a policy subject to the Commitment's terms and requirements Before issuing a Commitment for Title Insurance (tile Commitment) or a Title Insurance Policy (the Policy), the Title Insurance Company (the Company) determines whether the title is insurable This determination has already been made Pan of that determination involves the Company s decision to insure the title except for certain risks that will not be covered by the Policy Some of these risks are listed in Schedule B of the attached Commitment as Exceptions Other risks are stated in the Policy as Exclusions These risks will not be covered by die Policy Another pan of the determination involves whether the promise to insure is conditioned upon certain requirements being met Schedule C of the Commitmcnt lists these requirements that must be satisfied or the Company will refuse to cover them You may want to discuss any matters shown on Schedules B and C of the Commitment with an attorney These matters will affect your title and your use of the land When your Policy is issued, the coverage will be limited by the Policys Exceptions, Exclusions and Conditions. defined below -EXCEPTIONS are title risks that a Policy generally covers but does not cover in a particular instance Exceptions are shown on Schedule a or discussed in Schedule C of the Commitmcnt Tbcy can also be added if you do not comply with the Conditions section of the Commitment When the Policy is issued, all Exceptions will be on Schedule B ofthe Policy -EXCLUSIONS are title risks that a Policy generally does not cover Exclusions are contained in the Policy but not shown or discussed in the Commitment - CONDITIONS arc additional provisions that qualify or limit your coverage Conditions include your responsibilities and those of the Company They are contained in the Policy but not shown or discussed in the Commitment The Policy Conditions arc not die same as the Commitment Conditions You can get a copy of the policy form approved by the State Board of insurance by calling the Title Insurance Company at or by calling the title insurance agent that issued Cite Commitment The State Board of insurance may revise the policy form from time to time You can also get a brochure that explains the Policy from the Texas Department of Insurance by calling 1-800-252-3439 Before the Policy is issued- you may request changes in the Policy Some ofthe changes to consider arc: -Request amendment of the "area and boundary" exception (Schedule B, paragraph 2) To get this amendment, you must fumish a surveyor comply with other requirements of the Company On the Owner Policy, you must pay an additional premium for the amendment If the survey is acceptable to the Company or if the Company s other requirements arc met. your Policy will insure you against loss because of discrepancies or conflicts in boundary lines, encroachments or protrusions, or overlapping of improvements The Company may then decide not to insure against specific boundary or survey problems by making special exceptions in the Policy Whether or not you request amendment of the "area and boundary" exception, you should determine whether you hunt to purchase and review a survey if a survey is not being provided to you -Allow the Company to add an exception to "rights of panics in possession" If you refuse this exception, the Company or (lie title insurance agent may inspect the property The Company may except to and not insure you against the rights of specific persons, such as renters, adverse owners or easement holders who occupy the land The Company may charge you for the inspection if you want to make your own inspection, you must sign a Waiver of inspection form and allow Cite Company to add this exception to your Policy Tbc entire premium for a Policy must be paid when the Policy is issued You will not owe any additional premiums unless you want to increase your coverage at a later date and the Company agrees to add an Increased Value Endorsement Chicago Title Insurance Company Continuation of Texas Title Information G.F. No.. 0519847PC IMPORTANT NOTICE AVISO IMPORTANTE FOR INFORMATION, OR TO MAKEA COMPLAINT, CALL OUR TOLL, PARA INFORMACION, 0 PARA SOMETER UNA QUEJA LLAME AL FREE TELEPHONENUMBE-R NUMEROGRATTS (800) 4424303 (800) 442-4303 ALSO, YOU MAY CONTACT THE TEXAS DEPARTMENT OF TAMBIEN PUEDE COMUNICARSE CON EL DEPARTAMENTO DE INSURANCE AT 1-800-252-3439 SEGUROS DE TEXAS AL 1-800-252-3439 to obtain information on: para obtoner inforrnaci6n sobre: I filing a complaint against an insurance company or agent. I comp someter una queja en contra de una compattia de scguros o 2 whether an insurance company or agent is licensed, agcntc de scguros, 2 si una compania de scguros o agcntc de scguros ticnc licencia, 3 complaints received against an insurance company or agent, 3 quejas rccibidas en contra do una compahia do scguros o agcntc do 4 policyholder rights, and scguros, 5 a list of consumer publications and services available through the 4 los demchos del ascgurado. y Department 5 una lists de publicaciones y scrvicios parr consumidores disponibles YOU MAY ALSO WRITE TO: a Craves del Departamento The Texas Department of Insurance P 0. Box 149104 TAMBIEN PUEDE ESCRIBIR AL: Austin, Texas 78714-9104 Departamento do Scguros de Texas FAX No (512) 475-1771 P O Box 149104 Austin, Texas 78714-9104 FAX No (512) 475-1771 THE FOLLOWING COMMITMENT FOR TITLE INSURANCE IS NOT VALID UNLESS YOUR NAME. AND THE POLICY AMOUNT ARE SHOWN IN SCHEDULE A, AND OUR AUTHORIZED REPRESENTATIVE HAS COUNTERSIGNED BELOW. Chicago Title Insurance Company 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 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 September 17, 2009. The hearing may be recessed and continued to a ZBA meeting set to begin at 6:30 P.M. on October 15, 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: 3505 Tangley, West University Place, Texas 77005 Legal description of the site: The East Twenty-five (E-25') of Lot Two (2) and the adjoining West fifty feet (W-50') of Lot Three (3), block Sixty-five (65), of West University Place, Second Addition, an addition in Harris County, Texas, according to the map or plat thereof recorded in Volume 538, Page 147, of the deed Records of Harris County, Texas Docket No.: 2009-10 Applicant: Simon and Ginger Farrant Action Requested: Applicant requests a Special Exception to acquire PNC status for a side yard encroachment of 2" with a projection of fireplaces and northeast corner of new structure. Applicable regulations include the City's Zoning Ordinance, Chapter 211 of the Texas Local Government Code and the rules of the ZBA. Additional details on such matters, as well as, the applicable regulations are available for public inspection in the Public Works Center, 3826 Amherst, West University Place, 77005. Any person interested in such matters should attend the hearings. If you plan to attend this public meeting and you have a disability that requires special arrangements at the meeting, please contact the Planning & Development Assistant at 713.662.5843 in advance of the meeting. Reasonable accommodations will be made to assist your participation in the meeting. The Municipal Building is wheel chair accessible from the west entrance and specially marked parking spaces are available in the southwest parking area. Signed: (Yw"L , for the ZBA 9-2-2009. 1,&i~ , - Sallye A. Cl yvia g Assistant. 3800 University Boulevard • West University Place, Texas 77005-2899 • 713.668.4441 • www.westu.or,g FARRANT SIMON L & GINGER R GILES RALPH E & DIANE WILEY N PAUL MRS 3505 TANGLEY RD 3501 TANGLEY RD 3502 TANGLEY RD HOUSTON TX 77005-2249 HOUSTON TX 77005-2249 HOUSTON TX 77005-2250 30NES RANDALL L & DARLA SELLERS STEPHEN T & LAURIE WATSON CHRIS & KELLI 3506 TANGLEY RD 3515 TANGLEY RD 3516 TANGLEY RD HOUSTON TX 77005-2250 HOUSTON TX 77005-2249 HOUSTON TX 77005-2250 BUTLER MARY JO & BOBBY D SR FRIDAY A RANDALL& CHARLENE BOBBY D SR & MARY JO BUTLER WAINWRIGHT DAVID 3 3518 TANGLEY RD REVOCABLE TR 3520 TANGLEY RD HOUSTON TX 77005-2250 3519 TANGLEY RD HOUSTON TX 77005-2250 HOUSTON TX 77005-2249 FRIEDMAN DANIEL B & CAROL KROTHE JOSEPH W & HEIDI C CARPENTER 3R ROBERT 3 & 3523 TANGLEY RD 3422 TANGLEY RD 3420 TANGLEY RD HOUSTON TX 77005-2249 HOUSTON TX 77005-2248 HOUSTON TX 77005-2248 ADERMAN C MARK & KATHRYN FRASIER SCOTT S & JENNIFER L CURRENT OWNER 3417 TANGLEY RD PO BOX 270561 3422 PLUMB ST HOUSTON TX 77005-2247 HOUSTON TX 77277-0561 HOUSTON TX 77005-2926 RE: 3421 Tangley NIEBRUEGGE MICHAEL E & CLARKE KENNETH DEBORAH KUO MACUS T 3504 PLUMB ST 3510 PLUMB ST 3520 PLUMB ST HOUSTON TX 77005-2928 HOUSTON TX 77005-2928 HOUSTON TX 77005-2928 Re: 3510 & 3514 Plumb MCQUEARY THOMAS PARTICK & KATHLEEN 3524 PLUMB ST HOUSTON TX 77005-2928