HomeMy WebLinkAbout04172008 ZBA Agenda Item 2
City of West University Place *Texas
Memo
To: Zoning Board of Adjustments
From: Debbie Scarcella, City Planner
Date: April 14, 2008
Re: Staff Report for Docket 08-02
Applicant's Request
The applicant in Docket 08-02, 6622 Buffalo Speedway is requesting a special exception regarding Table 7-5a,
entitled "Parking, driveways, etc.". Table 7-5a establishes the maximum allowable width of driveways located
in a front yard (setback). The maximum allowable width is related to the location of the garage being served.
The applicant is requesting a special exception as authorized in Note 7 to Table 7-5a to exceed the front yard
(setback) allowable maximum driveway width (12') serving a garage located in the rear yard (setback). Note 7
reads as follows:
Note 7. Special Exceptions. The ZBA may issue a special exception for a parking area, garage or driveway (or other
maneuvering area) in another location or with a different design than prescribed by this ordinance, if it finds that: (i)
the other location or design will not unreasonably interfere with available light and air and will not significantly alter
access for tire-fighting and similar needs; (ii) the other location or design will prevent the destruction of a qualified
tree; (iii) in the case of the remodeling of a principal building, the location requested is the same location as an
existing parking area, garage or driveway; or (iv) the location or design requested is necessary for safety
considerations.
Backeround Information
The applicant applied for a permit to construct a new single family dwelling at 6622 Buffalo Speedway. This
interior building site is one hundred feet (100') wide and one hundred and fifty feet (150') deep. During the plan
review process, it was noted that the proposed driveway configuration did not meet the zoning regulations. The
applicant's plans proposed a conforming circular driveway and approach from Buffalo Speedway. An
additional driveway along the side yard area of the site connects the circular driveway to a garage located in the
rear yard. The measurement of driveway "width" is stipulated in Note l to Table 7-5a as the "maximum width
of pavement in a front yard or street area, excluding complying curb cut aprons". The proposed width of the
driveway is 17' measured parallel to the front yard (setback) line and approximately 26' measured at the flare
where the circular driveway and the rear driveway meet.
Staff Response
The applicant is seeking the special exception to exceed the maximum allowable driveway width in a front yard
(setback) serving a rear located garage. Table 7-5a contains specific dimensions for maximum driveway widths.
The maximum driveway width is 12' for a driveway serving a rear located garage. The zoning regulations do
not prohibit circular driveways if in compliance with the provisions of Chapter 70. The driveway also services a
Buffalo Speedway Staff Report Page 1
porte a cochere located behind the front yard line. The applicant believes the additional width is needed to
transition the driveway maneuvering area so that a vehicle may safely go around the porte a cochere.
The applicant modified the proposed plans in order to facilitate and complete the permit process, pending the
outcome of this hearing.
Staff Recommendation
Table 7-5a, Note 7 of the Zoning Ordinance gives the ZBA authority to grant a special exception for "a parking
area, garage or driveway (or other maneuvering area) in another location or with a different design than
prescribed by this ordinance.". :However, at least one of the following findings is required to support such a
special exception: " (i) the other location or design will not unreasonably interfere with available light and air and
will not significantly alter access for fire-fighting and similar needs; (ii) the other location or design will prevent
the destruction of a qualified tree; (iii) in the case of the remodeling of a principal building, the location
requested is the same location as an existing parking area, garage or driveway; or (iv) the location or design
requested is necessary for safety considerations.
In addition, the ZBA must find that the request is in harmony with the general purpose and intent of the Zoning
Ordinance and that the request will not cause any significant increase in on-street parking or traffic, traffic
congestion, or an unreasonable burden upon public utilities or services.
The burden is on the applicant to present evidence to the Board to support each finding and determination
required for the issuance of this special exception. If the Board grants the special exception, the Board can
attach conditions.
Buffalo Speedway Staff Report Page 2
City of West University Place
APPLICATION TO THE ZONING BOARD OF ADJUSTMENT OF THE
CITY OF WEST UNIVERSITY PLACE, TEXAS ("CITY")
Address of site: 6,fv,Z2 *uFFih> 1j?EZ4>"47
Legal description of the site: l c> r y~ 5t_c _K 40 WE1K Ua ►JE~Srcy ?LACE
owe-rcoll► ~t~
Applicant:61AKLM VWK 1r W. , I 17A G►#f,~~ QrM+E~+~A~ci- ~S
Address: r,bq-j VU TIs~CL`~ 15•
Contact: AACCe') ~ Phone:.im Fax:, (72 Email:
Decision or Action Requested (check one or more and provide requested data): ~~r~.OQjaV. (&T
( ) 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. n1,
• Exact zoning ordinance section that authorizes the special exception: 14etLE
'VXWi-- WW .5 aGi '~u\*VA4V b,uo ~t xr, en_**m ~ MA iMt4A LOMTN .
• Exact wordding of special exception requested:
veRwST fv'Z 'Qu%jIrom Jrl A fVONT '*w%" RCAIL l~A2A To
W 1,OEC~ `f~kAc~ "~WEI•VE ~~C. ~x Nom 'I, ~~FLll~c, ~Cc tQ'Stot.1S( ) Variance.
• Exact zoning ordinance section from which a variance is requested:
• Exact wording of variance requested:
Other Data. Are there drawings or other data? ( )No ( )Yes(list items here and attach them)
Li ) ' u"e j L5 ) Aare `1, ~AL~ CKC_e?Tlo f s ~
CZ) P" 05o 'vow 1kwcwott~ pt." M ~c ~Aca ~ Arm 4-avt-
~3~ QEQu~ST ~ot~a->RgS1~)E C~') MIPc11. ~rt1aM PI8r7aicv Wor I.T S
0 )
%4) llh#hse KA&Act?AL, 60M
Attached. The applicant has read the Stat Citlations attached.
Signature of applicant: Date: 3 ' 25 ' o~
ForZStaff Use only Date filed: Date heard:
Docket:
Form BA-102
1
PROBSTFELD &i ASSOCIATES
PROFESSIONAL LAND SURVEYORS
515P,,l,G e,Salle102 K.ty,Tt-,77450 Offim(281)829-0034 Fu(281)829-0233
Buffalo Speedway
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NOTE NI bwhp Ciro nfrr,c,d to the -,bd plot unlw I- noted.
mewlim. d1o•n bowl on Qty of wet u,IWrYty Plot. ar,onman No. 5 Vtvatbn • 51.55' NAvDaa (2001 adN.tmel)
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Surwyw hot not apstraclM M4 pr y. ThH erwy he been prs,- - upon hfor Um proNF.d by Me 1111. cwnpany. N. hdep - hvetigatiw
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PLAT OF PROPERTY PoR:
Charles Kuck & Beverly Kuck
at 8822 Buffalo Soeedwav I hereby certify that the above
Lot 4 Hlock 40 plat correctly represents the t OF
W E,
lace Section One facts found at the time of the yj~•~lR"Yn
est University Place'
Volume 444, Page 580 of the Deed Records of survey made on the ground ...s.......
YAl'f~ J. PRO&9TF2M
, Tesas under my supervision, and •••v•••••••••••••°••Y•`
Harris County
there are no apparent 4985 P J
Scale: 1" = 20' ~:•0 p?r2
Date: 10/13/08 Revised: 9/12/2007 encroachments at the time of "p4~p •SURAV~+o
this survey, unless shown a
ml, Prapeey DM W •fthb, l de.- W loo r•ar maa pWa noted otherwise.
Panel No. 48201C 0880 L
Zone: AE Date: 8/18/07 BFE 48_25'
lntd.e by Wephic ylalthq ady, not .,.paeMe fm etwd d• vti lm. MATHEW 1. PROBSI'FHLD
w - jN,,1-ed m eoeoza,oa, tiQ 17U, c-.dustml Registered Professional two Surveyor
Provided by: Stewart Title Company Slate of Texas No. 4985
OP/ 08127953 (9/28/08) Job ' 229-019
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SPECIAL EXCEPTION FOR 6622 BUFFALO SPEEDWAY
A rear garage by ordinance limits the width of a driveway in the front yard (front set back)
to twelve feet. This special exception request is to allow the driveway in the front yard of
6622 Buffalo Speedway to be wider than twelve feet by definition.
The purpose of this request is to create more off street parking and as a result create a
safer environment in which to park for family and guests at the residence. Creating more
off street parking will also reduce congestion during hours when on street parking is
permitted due to the fact that Buffalo Speedway is a major though fare.
In order to create more off street parking we purpose the following:
(1) Extend the "U" shape drive across the property as allowed by existing
ordinance which would require the removal of a tree, and:
(2) Reposition and transition the drive in the front yard that connects the "U"
shaped drive in the front yard to the side yard of the house that leads to the carport,
carport bypass and garage.
These two points are discussed further.
The extension of the "U" shaped drive:
In an effort to save a tree in the street easement we met with the urban forester. It was
determined that it was feasible to install an approach in a position between the extended
side property line and the tree in question without damaging the tree but to do that we
must start the in turn at the property line where a storm inlet is. As shown on the attached
site plan, there is a storm inlet at the south front curb. The inlet would need to be moved
either north or south to accommodate an approach. Attached is an email from Operations
Superintendent, Patrick Walters, which indicates the cost to move the inlet as roughly
$28,000.00. That cost is not practicable. Therefore we wish to start the approach in the
shown position on the site plan. That would enable us to position at least one more car
within the "U" shape drive without blocking the public sidewalk.
Repositioning and transitioning the front drive:
The issue of repositioning and transitioning the short section of drive in the front yard
between the "U" shaped drive and the side yard will enable us to better serve the carport,
carport bypass and the garage without adding an excessive amount of concrete and in
such a manner that you may reverse into the "U" shaped drive in either direction and pull
out forward onto Buffalo Speedway from either approach as available.
ff)
§ 7-101 WEST UNIVERSITY PLACE MUNICIPAL CODE
General Rule: Every building site, vehicular area and related struc-
ture must conform to the applicable regulations shown, by District,
in this table. ("N/A" means the rule does not apply.) ExceptionslSpe-
cial Rules: (1) See special rules noted in table. (3) See Article 9 re-
Table 7-5a: garding Planned Development Districts. (3) See Note 7 regarding
Parking, driveways, etc, special exceptions. (4) See Article 10.
Item Regulation SF-1 SF-2 SF-3 TH GR-1 (3R•3 C
Off-street parking spaces Number, location, size, de- Depends on land use, layout, etc. See this Table, Table 7-4a, and Ar-
and parking areas sign ticle 10 (including maneuvering areas, design requirements, "same
Other regulations apply; see, site" rule, yards, street areas, loading spaces, etc.).
e.g. Article 10
Grouping or sharing. Not allowed, except in a QMDS platted parking reserve serving two
or more DU's. But see Note 2.
Use of parking areas Parking spaces for non-SFD uses may only be used for motor vehicle
parking. See Note 3.
Emergency accessway Minimum width. See Note 1. 20 ft, via public or private street, to each principal building and
each DU (or to an adjacent open area accessible to firefighters and
equipment). Other regulations also apply, e.g, fire code.
Driveways and private Minimum width. See Note 1. For non-SFD residential use: 10 feet, or 17 feet if two-way and serv-
streets rDriveway three or more DU's.
Other regulations apply; see, Maximum width SFD use: (i) Drivewa serving an sin le-ba
e.g. Article 10. Y g y g y garage: 12 feet. (ii)
See Note 1. in a front yard serving rear garage or side-facing garage:
eet. (iii) Driveway in side street area of a corner site serving a
aide-facing garage with three or more bays: 30 feet; (iv) Any other
driveway: 20 feet. For other residential uses: 24 ft. (or 35 feet if con-
necting to a major thoroughfare). For any other use: 30 feet (or 35
feet if connecting to a major thoroughfare).
Maximum length For non-SFD uses: 160 feet, driving distance to the nearest street
area, measured along centerline from farthest end point. A longer
driveway is allowed if there is an approved turnaround or second
means of egress, or if the drive-way is platted as part of the common
area in a QMDS.
Route, location See Note 6. N/A
Spacing For non-SFD uses: There must be at least 40 feet between the "in-
side" apron edges (at their narrowest points) of driveways serving
the same building site.
Pavement Required type For SFD use: Hard-surfaced pavement required for each required
See Note 4. parking space; twin "ribbons" of pavement are permitted. For all
other uses: Reinforced concrete, with curbs and drains required for
all vehicular areas. Exceptions: See Table 7-3 (pervious pavement)
and Note 4.
Markings; wheel stops. Required type For non-SFD uses: Parking spaces must be clearly marked on the
pavement, and wheel stops are required. See Note 12.
Curb cuts Number For SFD use: Maximum one per subdivided lot abutting the street.
Other regulations apply; For non-SFD use: Maximum one per 50-ft. segment of street line.
see, e.g. Article 10. See Note 5.
Max. width per 50-ft. seg- Four feet (for aprons) plus the maximum driveway width allowed.
went of street line Each curb cut must be confined to the part of the street area that
directly abuts the building site(s) served. See Note 1.
Visibility triangles Forbidden structures, plants The following are forbidden on parts of a building site within a visi-
See definitions in Article 2 and other things bility triangle: structures, plants or other things taller than 2.0 ft,
or shorter than 8.0 ft. This does not require removal of trees in ex-
istence on July 1, 1992, if kept pruned.
Supp. No. 1 CDA:40
§ 7-101 WEST UNIVERSITY PLACE MUNICIPAL CODE
Note 1. Width measurement methods. Minimum driveway width refers to both unobstructed vehicular access path
and pavement. Maximum driveway width refers to maximum width of pavement in a front yard or street
area, excluding complying curb cut aprons. Maximum curb cut width refers to the width of the driveway plus
aprons, measured at the edge of the roadway.
Note 2. Grouped or shared parking. Article 10 also provides for a special exception, in certain circumstances.
Note 3. Parking exclusivity (non-SFD uses). Required parking spaces must be kept open, readily accessible and used
for parking only, with no sales, dead storage, display, repair work, dismantling or servicing of any kind.
Required guest parking spaces must be kept open and reserved for that use only.
Note 4. Pavement. The ZBA may issue a special exception to allow other materials if it finds that they will provide
equal or better durability.
Note 5. Curb cuts. The ZBA may issue a special exception for additional curb cuts. Circular driveways specifically
allowed by another ordinance are not prohibited.
Note 6. Route; Alternating Driveways. Each driveway must connect garage space to the street by the most direct
route. On narrow sites where alternate side yard areas apply (see "Yards" table), the following special
restrictions also apply: (A) there must be a driveway located as nearly as practicable to one side of the site;
(B) the side is determined in accordance with the established driveway pattern for the block face in question,
if there is such a pattern; and (C) if there is no such pattern, and if there is an adjacent driveway on one
adjoining building site but not the other, the driveway must be on the side farthest from the adjoining
driveway. Exceptions: W this paragraph does not prohibit circular driveways specifically permitted under
another ordinance of the City, and (ii) a driveway may be curved or moved away from the most direct route
to the extent reasonably necessary to avoid destroying or seriously injuring a tree.
Note 7. Special Exceptions. The ZBA may issue a special exception for a parking area, garage or driveway (or other
maneuvering area) in another location or with a different design than prescribed by this ordinance, if it finds
that: (i) the other location or design will not unreasonably interfere with available light and air and will not
significantly alter access for fire-fighting and similar needs; (ii) the other location or design will prevent the
destruction of a qualified tree; (iii) in the case of the remodeling of a principal building, the location
requested is the same location as an existing parking area, garage or driveway; or (iv) the location or design
requested is necessary for safety considerations.
Note 8. Curb Cuts in PDD-TH1. W If a building site abuts both Bellaire Boulevard and another street, then all
vehicular access shall be from the other street, and no more than two curb cuts shall be allowed. However,
in the case of the development of Lots 6, 7, 8, 9 and the east ten feet of Lot 10, Block 1, Kent Place Addition,
if Lot 6 is included in the same building site or in a joint development with the other lots, vehicular access
shall be limited to one curb cut on Mercer Street. (ii) If a building site abuts only Bellaire Boulevard,
vehicular access shall be limited to two curb cuts.
Note 9. Curb Cuts in PDD-TH5. (i) If a building site abuts both Academy and Bissonnet, no curb cuts on Bissonnet
and no more than two curb cuts on Academy are permitted. (ii) If a building site abuts only Bissonnet, there
may be no more than two curb cuts.
Note 10. Driveways in PDD-TH7. Cul-de-sac driveways in PDD-TH7 may not exceed 50 feet in length, or 200 feet
if a terminus is provided with dimensions adequate for turning.
Note 11. Curb Cuts in PDD-TH2. (i) If a building site abuts both Kirby Drive and another street, there may be one
curb cut on Kirby Drive and on each other abutting street. (ii) If a building site abuts only Kirby Drive,
vehicular access shall be limited to two curb cuts.
Note 12. Curbs as Wheel Stops. Curbs may be used as wheel stops. Area outside a curb-wheel stop counts toward
minimum parking space dimensions if actually usable as "overhang" and not needed for maneuvering area.
Supp. No. 1 CDA:42
Mr. Kuck,
It is possible to move this it will require modifications to the 60 inch storm
sewer under buffalo Speedway and a new line to connect to a new storm
sewer inlet. (est. $7500.00) It will also require modifications to the street
pavement so that the water drains along the curb to the storm sewer
inlet. We estimate replacement of one lane approximately 60 feet long to
acquire appropriate grade. (est. $18,000.00 - remove and replace -
includes curb and misc. expenses.) These are rough estimates based on
recent work we have had performed it is not an engineering estimate. We
estimate an additional $5000.00 for engineering. The total rough estimate
is $28,000.00 and may be a little higher or lower.
If you are interested in pursuing this matter further I will be happy to
initiate the engineering if you are willing to put up a $2,500.00 refundable
deposit.
We will require that the engineering be performed by our city engineering
consultant and inspection of the work will be by West University Place
staff or a engineering represenative of our choosing. You are welcome to
hire a contractor that meets our standards for experience and
insurance/bonding. The work will require a one year maintenance
warranty.
Let me know if I can be of further service.
Patrick J. Walters
Operations Superintendent
City of West University Place
3800 University Blvd:
- -
West University Place, Texas 77005
713 . -662-5858..Office
_...62- -30'
713-65304
pwalters@westu.org
• yrN~, f`
stewart ~ c ~ P 1980 Post Oak Blvd., Suite 2RC 713-627-1310
Houston, Texas 77056 713-629-2244 fax
title 800-729-1900
stewarthouston.com
NYSE: STC
February 05, 2007
CHARLES KUCK INC., d/b/a CLASSIC
6647 RUTGERS
HOUSTON, TEXAS 77005
RE: File No.: 06127953
Policy No.: 0-5890-000408647
Amount: $778,000.00
Gentlemen:
In connection with the transaction recently handled by us for you, we are pleased
to enclose your original title policy. Your deed has been filed for record with
the County Clerk and after recording, will be mailed directly to you.
A special file has been set up on your property; and therefore, we are in a
position to render you excellent service in future transactions. While the
issuance of any future policies will depend upon a current examination and the
status of title at that time, in the event you desire to sell or mortgage your
property, please contact us promptly and we will expeditiously process your
application.
If taxes for the current year were not paid at the time your transaction was
closed, you should pay them at the end of the year. Also, you should assess the
property in your name at the Central Appraisal District office.
Assuring you of our appreciation of this business and looking forward to again
serving you.
Cordially,
STEWART TITLE OF HOUSTON
JOANN GARCIA
Escrow Officer
RW
encl.
Texas Residential Owner Policy of Title Insurance - r'ne-to-Pour Family Residences (1-1-93)
(IF No.: 06127953
STEWART TITLE
GUARANTY COMPANY
OWNER'S COVERAGE STATEMENT
This Policy insures your title to the land described in Schedule A if that land is a one-to-four family residential property or
condominium unit.
Your insurance, as described in this Coverage Statement, is effective on the Policy Date shown in Schedule A.
This document is title insurance. It is not an opinion or report of your title. It is a contract of indemnity, meaning a promise to
pay you or take other action if you have a loss resulting from a covered title risk.
Your insurance under this contract is limited by the We insure you against actual loss resulting from:
following: • Any title risks covered by this Policy up to the Policy
Amount, and
• Exclusions on page 2. • Any costs, attorneys' fees and expenses we have to pay
• Exceptions in Schedule B, page 4. under this Policy. We must approve the attorney before
• Conditions on pages 2 and 5. the attorney begins to work. You have the right to
disapprove our choice of attorney for reasonable cause.
COVERED TITLE RISKS
This Policy covers the following title risks subject to the Exceptions (p. 4) and Exclusions (p. 2), if they affect your title to the
land on the Policy Date. We do not promise that there are no covered risks. We do insure you if there are covered title risks.
I . Someone else owns an interest in your title.
2. A document is invalid because of improper signature, acknowledgment, delivery, or recording.
3. A document is invalid because of forgery, fraud, duress, incompetency, incapacity or impersonation.
4. Restrictive covenants apply to your title.
5. There is a lien on your title because of:
• a mortgage or deed of trust,
• a judgment, tax, or special assessment, or
• a charge by a homeowner's or condominium association.
6. There are liens on your title for labor and material which have their inception before the policy date. However, we
will not cover liens for labor and material that you agreed to pay for.
7. Others have rights in your title arising out of leases, contracts or options.
8. Someone else has an easement on your land.
9. You do not have good and indefeasible title.
10. There are other defects in your title.
11. There are other liens or encumbrances on your title.
This Policy also covers the following title risk:
You do not have any legal right of access to and from the land.
OUR DUTY TO DEFEND AGAINST COURT CASES
We will defend your title in the part or parts of a court case involving a Title Risk covered by this Policy. We will pay the
costs, attorneys' fees, and expenses that we incur in that defense. We will not pay for the parts of a case not involving a covered
title risk. You may disapprove our choice of attorney for reasonable cause.
We can end this duty to defend your title by exercising any of our options listed in Item 4 of the Conditions, see page 5.
This Policy is not complete without Schedules A and B.
Signed under seal for the company, but this Policy is to be valid only when it bears an authorized countersignature.
STEWART TITLE
GUARANTY COMPANY
1` 1C .tiF. fl9 = 6K~
Chairman of the Boar 3¢ oxvog4l
4 1, t Presi ent
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Countersigned: 19 D 8
C AN'dn11`~
Authorized Countersigiatur
Company:
Stewart Title - Houston Division
Ilouston. Texas
Serial No. 0-5890-408647
'f-1R (Rev. '1-1-93)
In addition to the Exceptions in Schedt we do not insure you against loss, costs, attorn.,'s fees, and expenses resulting from these
Exclusions:
I . We do not cover loss caused by the exercise of governmental police power or the enforcement or violation of any law or government
regulation. This includes building and zoning ordinances and laws and regulations concerning:
a. Land use
b. Improvements on the land
c. Land division
d. Environmental protection
This exclusion does not apply to notices of violations or notices of enforcement that appear in the public records at Policy Date.
However, there may be an Exception in Schedule B.
2. We do not cover the right to take the land by condemning it, unless:
a. a notice of exercise of the right appears in the public records on the Policy Date, or
b. the taking happened before the Policy Date and is binding on you if you bought the land without knowing of the taking.
3. We do not cover title risks:
it. that are created, allowed, or agreed to by you,
b. that are known to you, but not to us on the Policy Date unless they appeared in the public records,
c. that result in no loss to you, or
d. that first affect your title after the Policy Date this does not limit the labor and material lien coverage in Item 6 of the Covered
Title Risks.
4. We do not cover the effect of failure to pay value for your title.
5. We do not cover lack of a right:
a. to any land outside the area specifically described and referred to in Item 3 of Schedule A,
b. in streets, alleys, or waterways that touch your land.
This exclusion does not limit the access coverage in the Covered Title Risks.
6. We do not cover any claim based upon allegations that your purchase of title (or acquisition of title by gift or otherwise):
a. was a fraudulent conveyance, fraudulent transfer, voidable distribution, or voidable dividend;
b. should he subordinated or recharacterized as a result of equitable subordination;
c. was a preferential transfer unless
(1) the Company or its issuing agent failed to timely file for record the deed to you after delivery or
(2) the recordation of the deed to you is not legal record notice.
(We do cover the two types of claims described in c. (1) and c. (2) above.)
7. We do not cover the refusal of any person to buy, lease or lend money on your land because of unmarketability of the title.
8. We do not cover claims concerning the physical condition of your land or of the access to your land.
CONDITIONS
1. DEFINITIONS
a. Actual Loss. This is the difference between the value of your land without the covered title risk and the value of your land with
the covered title risk. These values are the respective values at the time you must furnish proof of your loss.
b. Document. A deed or other conveyance of title to you or a prior owner.
c. Easement. A portion of your land someone else has the right to use for a special purpose.
d. Government Regulation. Any federal, state, or local law, constitutional provision, regulation, ordinance, or guideline.
e. Land. The land or condominium unit described in Schedule A and any improvements on the land that are real property.
f. Knowledge or known. Actual knowledge, not constructive knowledge or notice that may be imputed to an insured by the public
records.
g. Mortgage. A type of lien on the land such as a deed of trust or other security instrument.
h. Public Records. Those records required by Texas law and maintained by public officials in the county where the property is
located that give legal notice of matters affecting your title.
i. Title. The ownership interest in the land, as shown in Schedule A.
j. We, us or our. The title insurance company. This is Stewart Title Guaranty Company.
k. You, your. The insured.
2. CONTINUATION OF COVERAGE
We insure you as long as you:
a. own your Title,
b. own a mortgage from anyone who buys your Title, or
c. are liable for any Title warranties you make.
We insure anyone who receives your Title because of your death.
We do not insure your transferee or assignee.
3. YOUR DUTIES IF YOU MAKE A CLAIM
You must follow this process to make a claim:
a. You Must Give Us Notice Of Your Claim
If anyone claims a right against your insured title, you must notify us promptly.
Send the notice to P.O. Box 2029, Houston, Texas 77252 or call 1-800-729-1902 and ask for a claims attorney. If you initially
notify us by phone, we recommend that you also notify us in writing. Please include the Policy number shown in Schedule A,
and the county where the land is.
Our obligation to you is reduced or ended if:
(1) you fail to give prompt notice, and
(2) your failure affects our ability to dispose of or to defend you against the claim.
Our obligation is reduced only to the extent that your failure affects our ability to dispose of or to defend you against the claim.
b. You Must Give Us Proof of Your Loss if We Request It
You must send to us, if we request, your signed proof of loss within 91 days of our request on a standard form supplied by us.
Within 15 days after we receive your notice of claim, we must request a signed proof of loss. If not, we waive our right to
require a proof of loss. This waiver will not waive our other rights under the policy. The statement must have the following
information to the best of your knowledge:
(1) the Covered Title Risks which resulted in your loss,
(2) the dollar amount of your loss, and
(3) the method you used to compute the amount of your loss.
Page 2 (Conditions continued on Page 5)
.WART TITLE GUARANTY CON~..'ANY
TEXAS RESIDENTIAL OWNER POLICY OF TITLE INSURANCE
ONE-TO-FOUR FAMILY RESIDENCES
SCHEDULE A
File No.: 06127953 Policy Date: January 02, 2007
Policy Number: 0-5890-408647
Policy Amount: $778,000.00
Premium: $4,614.00
1. Name of Insured: CHARLES KUCK INC., d/b/a CLASSIC AMERICAN HOMES
2. We insure your interest in the land covered by this Policy is:
FEE SIMPLE
3. Legal Description of land:
Lot Four (4), in Block Forty (40) of WEST UNIVERSITY PLACE, an addition 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.
IMPORTANT NOTICE
TO OBTAIN INFORMATION OR MAKE A COMPLAINT:
YOU MAY CALL STEWART TITLE GUARANTY COMPANY'S TOLL FREE TELEPHONE NUMBER FOR
INFORMATION OR TO MAKE A COMPLAINT AT:
1-800-729-1902
YOU MAY ALSO WRITE TO STEWART TITLE GUARANTY COMPANY AT:
P.O. BOX 2029
HOUSTON, TEXAS 77252-2029
YOU MAY CONTACT THE TEXAS DEPARTMENT OF INSURANCE TO OBTAIN INFORMATION ON
COMPANIES, COVERAGES, RIGHTS OR COMPLAINTS AT:
1-800-252-3439
YOU MAY WRITE THE TEXAS DEPARTMENT OF INSURANCE AT:
P.O. BOX 149104
AUSTIN, TEXAS 78714-9104
FAX# (512)475-1771
PREMIUM OR CLAIM DISPUTES:
SHOULD YOU HAVE A DISPUTE CONCERNING YOUR PREMIUM OR ABOUT A CLAIM, YOU SHOULD
CONTACT THE COMPANY FIRST. IF THE DISPUTE IS NOT RESOLVED, YOU MAY CONTACT THE
TEXAS DEPARTMENT OF INSURANCE.
ATTACH THIS NOTICE TO YOUR POLICY:
THIS NOTICE IS FOR INFORMATION ONLY AND DOES NOT BECOME A PART OF CONDITION OF
THE ATTACHED DOCUMENT.
Note: Attach this notice as the first, second or third page of the policy.
FT (11/21/2002) T-1K Form Prescrl2Jea by --xas uepaLUneni. M ,.,.,S'.k~WART TITLE GUARANTY COMPANY
TEXAS RESIDENTIAL OWNER POLICY OF TITLE INSURANCE
ONE-TO-FOUR FAMILY RESIDENCES
SCHEDULE B
EXCEPTIONS
File No.: 06127953 Owner Policy No.: 0-5890-408647
we do not cover loss, costs, attorney's fees and expenses resulting from:
1. The following restrictive covenants of record itemized below (We must either insert
specific recording data or delete this exception.):
Restrictive Covenants as set out in Volume 549, Page 448, Volume 444, Page 560
and Volume 1033, Page 372 of the Deed Records of Harris County, Texas.
2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any en-
croachments or protrusions, or any overlapping of improvements.
3. Homestead or community property or survivorship rights, if any of any spouse of any
insured.
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 the 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.
5. Standby fees, taxes and assessments by any taxing authority for the year 2007,
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.
6. The following matters and all terms of the documents creating or offering evidence of
the matters (We must insert matters or delete this exception.):
a. Vendor's Lien retained in Deed dated December 28, 2006 executed by RAMZI NASSAR
AND ANGELICA NASSAR to CHARLES KUCK INC., d/b/a CLASSIC AMERICAN HOMES securing
the payment of one note of even date in the principal sum of $622,400.00,
payable to the order of COMPASS BANK additionally secured by Deed of Trust of
even date therewith to BEN H. RIGGS, Trustee, together with all indebtedness of
whatsoever nature, secured or to be secured by said Deed of Trust and subject
to the terms, conditions, and stipulations contained in said Note and Deed of
Trust.
b. Rights of parties in possession.
c. Sanitary sewer line easement within the rear portion of subject property as
reflected by revised map dated April 27, 1959 from the City of West University
Place.
Continued on next page
Attached to and made a part of Stewart Title Guaranty Company
Policy No.: 0-5890-408647
File No.: 06127953
d. An easement 2 feet wide along the rear property line for the use of public
utilities as reflected by instrument recorded in Volume 549 Page 448 of the Deed
Records of Harris County, Texas.
e. The right to an aerial easement of unspecified width and height along the rear
property line as reserved in instrument recorded in Volume 559, Page 448 of the
Deed Records of Harris County, Texas.
f. Any and all Zoning Ordinances or proposed ordinances including but not limited
to those recorded under Harris County Clerk's File No. R-741573 and those by
the City of West University Place, Texas.
S" WART TITLE GUARANTY COMr ANY
PRIVACY POLICY NOTICE
PURPOSE OF THIS NOTICE
File No.: 06127953
Title V of the Gramm-Leach-Bliley Act (GLBA) generally prohibits any financial
institution, directly or through its affiliates, from sharing nonpublic personal
information about you with a nonaffiliated third party unless the institution provides
you with a notice of its privacy policies and practices, such as the type of
information that it collects about you and the categories of persons or entities to
whom it may be disclosed. In compliance with the GLBA, we are providing you with this
document, which notifies you of the privacy policies and practices of STEWART TITLE
GUARANTY COMPANY.
We may collect nonpublic personal information about you from the following sources:
• Information we receive from you, such as on applications or other forms.
• Information about your transactions we secure from our files, or from our
affiliates or others.
Information we receive from a consumer reporting agency.
• Information that we receive from others involved in your transaction, such as the
real estate agent or lender.
Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no
additional nonpublic personal information will be collected about you.
We may disclose any of the above information that we collect about our customers or
former customers to our affiliates or to nonaffiliated third parties as permitted
by law.
We also may disclose this information about our customers or former customers to the
following types of nonaffiliated companies that perform marketing services on our
behalf or with whom we have joint marketing agreements:
• Financial service providers such as companies engaged in banking, consumer
finance, securities and insurance.
• Non-financial companies such as envelope stuffers and other fulfillment service
providers.
WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY
PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW.
We restrict access to nonpublic personal information about you to those employees who
need to know that information in order to provide products or services to you. We
maintain physical, electronic, and procedural safeguards that comply with federal
regulations to guard your nonpublic personal information.
I
I
c. You Must Provide Papers We Request.
We may require you to show us tr records, checks, letters, contracts, and other --rs that relate to your claim of loss.
We may make copies of these pz,.
If you tell us this information is confidential, we will not disclose it to anyone else unless we reasonably believe the
disclosure is necessary to administer the claim.
d. You Must Answer Questions Under Oath.
We may require you to answer questions under oath.
e. Effect of Failure to Cooperate.
Our obligation to you reduces or ends if you fail or refuse to:
(1) (a) provide a statement of loss,
(b) answer our questions under oath, or
(c) show us the papers we request, and
(2) your failure or refusal affects our ability to dispose of or to defend you against the claim.
4. OUR CHOICES WHEN YOU NOTIFY US OF A CLAIM
a. After we receive your claim notice or in any other way learn of a matter for which we are liable, we can do one or more
of the following:
(1) Pay the claim against your title.
(2) Negotiate a settlement.
(3) Prosecute or defend a court case related to the claim.
(4) Pay you the amount required by this Policy.
(5) Take other action under Section 4b.
(6) Cancel this policy by paying the Policy Amount, then in force, and only those costs, attorneys' fees and expenses
incurred up to that time that we are obligated to pay.
We can choose which of these to do.
b. If you report to us that a covered title risk exists, we will promptly investigate to determine if that covered title risk is valid
and not barred by law or statute. A covered title risk is a title risk that this Policy does not exclude or except.
If we conclude that your claim, or any part of your claim, is covered by the policy, we will take one or more of the following
actions to the extent that it is covered:
(1) Institute all necessary legal proceedings to clear the title to the property;
(2) Indemnify you pursuant to the terms of the policy;
(3) Issue a new title policy without making exception to the covered title risk. If another insurer issues the new title policy
to your purchaser, lender or other transferee without making exception to the covered title risk, we will indemnify the
other insurer.
(4) Secure a release of the covered title risk.
c. If we deny your claim, or any part of your claim, not more than 15 days after we deny the claim, we will:
(1) notify you in writing, and
(2) give you the reasons for denial of your claim in writing.
5. HANDLING A CLAIM OR COURT CASE
You must cooperate with us in handling any claim or court case and give us all relevant information. We must repay you only
for those settlement costs, attorneys' fees and expenses that we approve in advance. When we defend or sue to clear your title,
we have a right to choose the attorney. You have the right to disapprove our choice of attorney for reasonable cause.
We can appeal any decision to the highest court. We do not have to pay your claim until your case is finally decided. We do
not agree that the matter is a covered title risk by defending.
6. LIMITATIONS OF OUR LIABILITY
Our liability is limited by the following:
a. We will pay up to your actual loss or the Policy Amount in force when the claim is made - whichever is less.
b. If we remove the claim against your title with reasonable diligence or take other action under this policy after receiving
notice of it, we will have no further liability for it.
c. All payments we make under this policy except for costs, attorneys' fees and expenses will be subtracted from your
Policy Amount.
d. If the Covered Title Risk is an easement, we may pay an insured mortgage holder instead of paying you when a written
agreement between you and the mortgage holder allows. If the claim involves another Covered Title Risk, we may pay the
mortgage holder instead of paying you. The amount paid to the mortgage holder is considered a payment to you under your
policy and will be subtracted from your policy amount.
e. If you do anything to affect any right of recovery or defense you may have, we can subtract from our liability the amount
by which you reduced the value of that right or defense. But we must add back to our liability any amount by which our
expenses are reduced as a result of your action.
7. TRANSFER OF YOUR RIGHTS
When we settle a claim, we have all the rights you had against any person or property related to the claim. You must transfer
these rights to us when we ask, and you must not do anything to affect these rights. You must let us use your name in enforcing
these rights. We will not be liable to you if we do not pursue these rights or if we do not recover any amount that might be
recoverable. With the money we recover from enforcing these rights, we will pay whatever part of your loss we have not paid.
We have a right to keep what is left.
8. ARBITRATION
If it is permitted under Texas or federal law, you and we may agree to arbitration when you file a claim. The arbitration may
decide any matter in dispute between you and us. Arbitration is one means of alternative dispute resolution. It may lessen the
time and cost of claims settlement. You may wish to consider another form of mediation or use the court system. If you choose
arbitration, you may give up some discovery rights and your right to sue.
The arbitration award may:
a. include attorneys' fees if allowed by state law, and/or
b. be entered as a judgment in the proper court.
The arbitration shall be under the Title Insurance Arbitration Rules of the American Arbitration Association. You may choose
current Rules or Rules in existence on Policy Date.
The law used in the arbitration is the law of the place where the property is located. You can get a copy of the Rules from us.
9. ENTIRE CONTRACT PROVISION
This policy and any endorsements we attach are the entire contract between you and us. Any claim you make against us must
be under this Policy and is subject to its terms.
10. COMPLAINT NOTICE
Should any dispute arise about your premium or about a claim that you have filed, contact the agent or write to us. OUR
TOLL-FREE NUMBER IS 1-800-729-1902. If we do not resolve the problem, you also may write the Texas Department of
Insurance, P.O. Box 149091, Austin, TX 78714-9091, Fax No. (512) 475-1771. THE TOLL-FREE NUMBER FOR THE
TEXAS DEPARTMENT OF INSURANCE IS 1-800-252-3439. This notice of complaint procedure is for information only.
It does not become a part or condition of this policy.
Page 5
OWNER'S INFORMATION SHEET
STEWART TITLE STEWART TITLE
Your Tide Insurance Policy is a legal contract
between you and Stewart Title Guaranty Company. GUARANTY COMPANY GUARANTY COMPANY
This policy is not an opinion or report of your title.
It is a contract of indemnity, meaning a promise to
pay you or to take other action if you have a loss P.O. Box 229
resulting from a covered title risk.
Houston, Texas 77252
It applies only to an improved one-to-four family TEXAS RESIDENTIAL OWNER POLICY
residential property or condominium unit If your
land is not either of these, contact us immediately. OF TITLE INSURANCE
Su Poliza de Seguro de Titulo es un contracto ONE-TO-FOUR FAMILY RESIDENCES
legal entre usted y Stewart Title Guaranty Company.
Esta poliza no es una opinion o reporte en relacion
I
a su titulo de propiedad. Es un contracto de TABLE OF CONTENTS PAGE
indemnificacion, esto es, las promesa de A NAME
reembolsarle o de tomar cualquier otro tipo de
accion si usted sufre una perdida como resultado de RECOGNIZED NATIONALLY OWNER'S COVERAGE 1
cualquier riesgo cubierto por la poliza. AS BEING
SYNONYMOUS WITH STATEMENT
Esta forma de rn si ds caspara set COVERED TITLE RISKS 1
utilizada exclusivavame nte en n Ins casos de
propiedades en las cuales hay construidas viviendas OUR DUTY TO DEFEND 1
para no mas de cuatro familias o en los casos de
unidades en condominios. Si su propiedad no es QUALITY
AGAINST COURT CASES
ninguna de las anteriores, por favor, notifiquenos inmediatamente. SCHEDULE A 3
Policy Number, Date and Amount 3
We insure you against certain risks to your land title. it
We list these risks on page 1. The following limit your 1. Name of Insured 3
coverage: 2. Interest in Land Covered 3
• Exclusions on page 2. 3. Description of the Land 3
• Exceptions on Schedule B.
• Conditions on page 2 and 5. SCHEDULE B-EXCEPTIONS 4
You should keep the policy even if you transfer the
title to your land. If you want to make a claim, see EXCLUSIONS 2
section 3 under Conditions on page 2.
CONDITIONS 2 and 5
You do not owe any more premiums for the Policy.
INCORPORATED 1908 1. Definitions 2
This sheet is not your insurance Policy. It is only a 2. Continuation of Coverage 2
brief outline of some of the important Policy features. 3. Your Duties if You Make a Claim 2
The Policy explains in detail your rights and obligations 4. Our Choices When You Notify Us 5
and our rights and obligations. The Policy and not
this sheet is the legal document. POLICY of a Claim
YOU SHOULD READ THE POLICY VERY CARE-
5. Handling a Claim or Court Case 5
FULLY.
OF 6. Limitations of Our Liability 5
THE TOLL-FREE NUMBER OF STEWART TITLE 7. Transfer of Your Rights 5
GUARANTY COMPANY IS 1-800-729-1902. YOU 8. Arbitration 5
MAY CALL THIS NUMBER TO DISCUSS THIS TITLE
POLICY OR TO MAKE A COMPLAINT. YOU MAY 9. Entire Contract Provision 5
WRITE TO STEWART TITLE GUARANTY COM- INSURANCE 10. Complaint Notice 5
PANY AT THE ADDRESS IN SECTION 3 UNDER
CONDITIONS ON PAGE 2.
'
Ci-t ofWest Universi
y ty P
lace
A Veighborhood 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 on April 17, 2008. The hearing may be recessed and continued to a ZBA meeting set to
hegin at 6:30 P.M. on Mav 15, 2008. 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: 6622 Buffalo Speedway, West University Place, Texas 77005
Legal description of the site: Lot Four (4), in Block Forty (40) of West University Place, an addition,
an addition in Han-is 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.: 08-02 Applicant: Charles Kuck Inc., DBA Classic American Homes
:fiction Requested: Applicant requests a special exception for a driveway in a font yard serving
a rear garage to be wider than twelve feet.
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.
1l you plan to attend this public uteeting and you have a disability that requires special arrangements at the
meeting, please contact the Planning; & DevelopmentAssistant at 713.662.5843 in advance ofthe meeting
Reasonable accommodations ►vill be made to assist your participation in the meeting. The Municipal
Building is wleel chair accessible from the west entrance and specially marked parking spaces tire
available in the sout/nvest parking area.
Signed: ~
for the Z13:~ 4-7-_008.
Sallye A. Clark, faning Assistant.
n
ipl I~ ;i_.. i .:;C,;u. • '°v -:C ~I:i~l",IR i~;1~C, _ ._A; I~S-:[1`i'1 ~ _>~hh~7~illi • ..i't' 'C!Cl.%IQ
King Rosemary Nadolny Kenneth A Classic American Homes
% King Rev Living Trust 6647 Rutgers Avenue
6602 Buffalo Speedway 6648 Buffalo Speedway
Houston, TX 77005-3833 Houston, Texas 77005
Houston, TX 77005-3833 Re: 6622 Buffalo Speedway
Le Roger P Whyte Lawrence R Moon Larry J & Jue Frances O
6603 Buffalo Speedway 6615 Buffalo Speedway 6616 Buffalo Speedway
Houston, TX 77005-3832 Houston, TX 77005-3832 Houston, TX 77005-3832
Morey Robert B Etux Weston James P & Monique Galloway Robert
6617Buffalo Speedway 6621 Buffalo Speedway 6627 Buffalo Speedway
Houston, TX 77005-3832 Houston, TX 77005-3832 Houston, TX 77005-3832
Grieve Donald L Moore W D III & Marjorie J So John Won Jr & Chun Sok
6629 Buffalo Speedway PO BOX 20670
Houston, TX 77225-0670 6633 Buffalo Speedway
Houston, TX 77005-3832 RE: 6630 Buffalo Speedway Houston, TX 77005-3832
Schutter Ray T & Cecilia M Oliver Juan J & Carol F Kuhn George Thomas
6637 Buffalo Speedway 6636 Buffalo Speedway 1315 St Joseph Pkwy Ste 1202
Houston, TX 77005-3832 Houston, TX 77005-3833 Houston, TX 77005-8235
RE: 3221 Carnegie Street
Loughran John & Terry King Elizabeth K Allen Nathan E & Frances I
3215 Carnegie Street 6603 Rutgers Ave 6615 Rutgers Ave
Houston, TX 77005-3836 Houston, TX 77005-3852 Houston, TX 77005-3852
Southwest Keystone Inc
PO BOX 270182 Bartolotta Michael G Sanders Kathryn B
Houston, TX 77277-0182 6621 Rutgers Ave 6627 Rutgers Ave
RE: 6619 Rutgers Avenue Houston, TX 77005-3852 Houston, TX 77005-3852
Current Owner McCaskill John H & Beverly Sadeghpour David H
6631 Rutgers Ave 6635Rutgers Ave 6639 Rutgers Ave
Houston, TX 77005-3852 Houston, TX 77005-3852 Houston, TX 77005-3852
Leif James P
6643 Rutgers Ave
Houston, TX 77005-3852