HomeMy WebLinkAbout06192008 ZBA Agenda Item 3
4
City of West University Place eTexas
Memo
To: Zoning Board of Adjustments
From: Debbie Scarcella, City Planner
Date: June 16, 2008
Re: Staff Report for Docket 08-04
The applicant in Docket 08-04, 2701 Arbuckle Road, is appealing a decision of the Administrative Official
concerning the definition of a structure as defined in Article 2 of the zoning regulations. If the ZBA upholds the
Administrative Official's decision, the applicant also seeks a variance under Article 7. Table 7-2, Yards (or
setbacks).
Background information
The Appeal The applicant's appeal concerns the definition of a structure as contained in Article 2 of the zoning
regulations. The applicant constructed a trellis in the side yard of the property located at 2701 Arbuckle. The
property is 55.1' wide; therefore the regulated side yard (setback) is 5.51'. No permit was obtained for the trellis
and it was installed after final occupancy of the new structure. The trellis is made out of steel sections that fit
together to span over the side yard. The lowest elevation of the trellis is at the fence height of eight feet. The
trellis rests against the wall of the residence and its posts are approximately 18" into the ground.
Staff Response to the Appeal
The applicant has firmly asserted, based upon the definition in Article 2 of the Zoning Ordinance the trellis is not
a structure. Article 2 defines a structure as:
Anything made by humans which: (i) is not readily portable, (ii) is usually left in one location for an
indefinite period of time; or (iii) requires either permanent or,fi.ved location on or in the ground or
attachment to something having a permanent or, fixed location on or in the ground for its use.
The Administrative Official believes that:
(i) the structure may be readily portable in its current state without any greenery or vegetation
growing on it. However, once the greenery or vegetation begins to grow and attach to the trellis
it will lose some of its ability to be "readily portable".
(ii) The trellis will be left in one location for an indefinite period of time.
(iii) The trellis requires permanent or fixed location on the ground for its use by virtue of the posts
being 18" into the ground. The posts are what give the trellis its stability and allow it to rest
against the primary structure.
2701 Arbuckle Page 1 6-16-08
The Administrative Official determined the trellis to fit the definition of a structure, thus the trellis is subject to
the side yard (setback) requirements established in Table 7-2, or 5.51' (10% of the lot width).
The applicant intends to ask the ZBA to suspend its normal rules and hear evidence on the appeal and then
immediately decide the appeal, before hearing evidence for the variance. If the appeal is granted (to reverse the
Administrative Official's decision), additional hearing and evidence for the variance would not be necessary.
The Variance Request - Background
The applicant requests a variance to allow the trellis to project into the side yard (setback) 55. The purpose for
the trellis is to provide a natural canopy to protect a side yard exit from the sun. The zoning regulations establish
side yards in order to create space between structures thereby ensuring adequate light and ventilation, pervious
area for drainage purposes, and access from front and rear yards. Although in its present condition, the trellis
does not hinder those functions of a yard, once greenery and vegetation grows, those functions may be lost.
Staff Response
Variance Request
The ZBA has general authority to grant variances, but according to Section 1 I-102, the ZBA may not issue a
variance unless all of the following circumstances are present:
(1) The ZBA must make all findings and determinations required by state lava for the granting of a
variance, which are: (i) due to special conditions, a literal enforcement of the Zoning Ordinance
provision would result in unnecessary hardship, (ii) by granting the variance, the spirit of the
ordinance is observed and substantial justice is done, and (iii) the variance is not contrary to
public interest.
(2) The ZBA must make any additional findings and determinations required by a specific provision of
this ordinance that relates to the variance.
(3) The variance must be reduced to writing including any conditions prescribed by the ZBA or required
by this ordinance for the variance in question.
The burden is on the applicant to present evidence to the Board to support each finding and determination
required for the issuance of a variance. If the Board grants a variance, the Board can attach conditions. In this
type of case, the Board could consider conditions to mitigate the impact of loss of access, adequate light and
ventilation, and drainage.
2701 Arbuckle Page 2 6-16-08
City of West University Place
APPLICATION TO THE ZONING BOARD OF ADJUSTMENT OF THE
CITY OF WEST UNIVERSITY PLACE, TEXAS ("CITY")
Address of site: 2701 Arbuckle St.
Houston, TX 77005
Legal description of the site: Lot 20, block 7, Belle Court
Applicant: Philip & Suzanne B. Exnicious
Address: 2701 Arbuckle St., Houston, TX 77005
Contact: Philip or Susie Phone: 713-667-9991 Fax: 713-667-9993 Emaii:pexnicious@yahoo.c(
Decision or Action Requested (check one or more and provide requested data):
kX) 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. (X )No, but the action appealed is as follows:
The West U official determined the trellis meets the definition of a structure.
• 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: Section 2-102 definition of a structure
• Grounds for appeal: Article 7 Table 7-2
We don't believe the trellis is a permanent structure
( ) Special Exception.
• Exact zoning ordinance section that authorizes the special exception:
• Exact wording of special exception requested:
( Variance.
• Exact zoning ordinance section from which a variance is requested: Article 7-2
• Exact wording of variance requested:
Requesting a variance to allow a trellis to encroach into a side yard (set back)5.5 ft
Other Data. Are there drawings or other data? ( )No PYes(list items here and attach them)
- General warranty deed
- Survey
- Architectural drawing
Attached. The applicant has read the State and City regulations attached.
Signature of applicant. m~4°0.-w' • ` ^ ~^m°°~' " _ Date:
r j~
For Staff Use only Date filed~ :jj rr !15- Date heard: 6 ab:QDocket#: D
Form ZBA-102
April 24, 2008
City of West University Place
Zoning Board of Adjustments
3826 Amherst
Houston, TX 77005
To Whom It May Concern:
I recently moved into West University from Kingwood. M new home has an extreme
Y ty y sun exposure on the west
side of the house and the home to the left is a single story. By driving through the neighborhood and observing
other neighbors, we got the idea of the shutters and a trellis, as a landscape feature.
The most environmentally friendly and economical solution was to place a non-permanent, lightweight trellis
directly against the fence thereby ultimately creating a canopy of vines to protect the door and interior of the home
from the sun. We've minimized the extreme western sun exposure with Bimini shutters and, through consultation
with our professional landscaper, have commissioned and paid a steel-craftsman to manufacture an independent,
multi-piece, lightweight trellis. This landscape feature was built with the environment, neighbors and
neighborhood in mind.
This trellis will not be pennanently affixed to the ground or the home in any way, nor will it be visible from the
street. It is a non-permanent, lightweight trellis consisting of 5 independent pieces of 3" and F thin steel. It will be
put together and placed 18" into the ground for stability purposes, resting near the home, not affixed to the home in
any way.
The purpose of this decorative canopy is specific for wisteria vines which will attract natural wildlife (birds,
butterflies, etc.) and to create a green space that has been eliminated by the construction of the home.
It will be maintained by the home owner at the homeowner's expense and will not compromise any of the
neighbors' privacy. In addition, this green space will add beauty to the surrounding neighbors and will specifically
provide additional green space and privacy to the direct neighbors. To be best of my knowledge, none of my
neighbors have an issue with the trellis, it's location or it's purpose.
Considering all of the above, I'm certain that you will reconsider and allow the trellis.
Sirs erely,
Philip & Suzanne Exmcious
2701 Arbuckle St.
Houston, TX 77005
Ann: ,olis Street
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PROBSTFELD &ASSOCIATES
PROFESSIONAL LAND SURVEYORS
515Ptlr6Oro-S.A.102 K ty,T-77450 Offiae(281)829-0034 Fex(281)829-0233
Arbuckle Street
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vc 46 r/c As T/C 46 93
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a 1/2- Inlet East 5510' N Pip. Fnd. S/6" (Nn0.32(Call 55.00) Fnd.^/d4"
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(Call 5500')
Lat 2
Lol 1
Elevotlons 111w1 bola, on City o st Univwsity P e eenchmo~4 N.. Elewtion a 47.84' N-Fis (2001 odplbb.t)
N- All bearings are relerenced to the record d plat unless otherwise noted.
Lot eubJaci to an.e~oraea preecrlptlve easement's) os claimed by the Clty of Weet University plots.
tot eubNct to buMI, and zoning ordinances In force -d ,lied In the City pf West University I`-, Mcluding but not Ilmitetl to those notices recaded M Vd. 1075, Pg. 485. of
the peed Records of Harris County, Tesas and tiled Ior record uneer Norris County ol- rle na. R741573.
Sur.epr h not abstracted -Iberty. This svy boe b en preparatl b d o 'mformot ion p ovided by the title c ony. No independent i nvestigation or occu
Ue acy of the litre
co pony's work bas -11 p formetl byte rv,,- Zoning ordinances andu o log building sal back Ines (IF AN') are not spawn.
PLAT OF PROPERTY FOR:
Phillip Exnicious and Suzanne B. Exnicious I hereby certify that the above
at 2701 Arbuckle Street plot correctly represents the ZE QF P
facts found at the time of the ISTE''
Lot 20 Block 7
Fp
Belle Court survey made on the ground ..a......°,.. OB
YA77IEw J. PROBSfFE1D
lume 452. Page 498 of the Deed Records of under my supervision, and °°°e°°°°° °°°°°°°°°°°°y°•°
narris County, Texas there are no apparent 4985
~FESS\~:.'02
SCa1e: 1" = 20' encroachments at the time of U OT+
Date'. 6/16/06 Revised: 2/6/08 this survey, unless shown or
noted otherwise.
This Properly dace not lie within the devlgnsted 100 year t- plei- -
Panel No. 48201C 0860 L _ -
Zone X Date- 6/18/2007 A~l
by g.aonm pmuing o not .e nsible Io aawdl aetermmmmn. MATHEW PROBSPFELD
mt. survey w e performed In accardence with Title Commitment Registered Professonol Land Surveyor
Provided byre Alneripoint Title Company Slate ,f texas Na. 4985
6Fi9 0733074PC (11/20/2007) Job N 397-031 EES/LDK
xu,y net, u u...lm row 7xu,w..rtrnox
HOLD FOR
,IPIT TIT 02/19f2003 RE'l #24.00
0-ybso 74 to C_ ~y GF11 0733074 YGdm February 11, 2008 "
GENT RAL WARRANTY DEED
NOTICE OF CONFE DENTIALITY RIG HTS: IF YOU ARE A NATURAL PERSON, YOU
MAY REMOVE, OR STRW>E ANY OR ALL OF THE FOLLOWING INFORMATION
FROM ANY INSTRUMENT THAT TRANSFERS AN IN'T'EREST IN DEAL PROPERTY
BEFORE IT IS FIXED FOR RECORD IN THE PUBLIC RECORDS: YOUR S0CLXL
SECURITY NUMBER OR YOUR DRIVER'S LICENSE NIiNIBER.
THE STATE OF TEXAS §
§ KNOW ALL WEN BY THESE PRESENTS:
COUNTY OF HARRIS §
That. PAID MERESTS, LTD., a Texas limited partnership (the "Grantor"), for
and in consideration of the suns of TEN AND NO/100 DOLLARS ($10.00) and other good and
valuable consideration paid to Grantor by PHILIP EX.NICIOUS and wife, SUZAI'+ NE B.
IEXNTCIOUS (the "Grantee"), whose address is set forth below, the receipt and sufficiency ofwhich
is hereby acknowledged, has GRANTED, SOLD AND CONVEYED and by these presents does
GRANT, SELI. AND CONVEY unto the Grantee herein all that certain. property (the "Real
d Property") lying and being situated in the above mentioned county, described as follows, to-Ait:
+ Lot Twenty (20), in Block Seven (7), of BELLE-COURT, an addition in Harris
County, Texas according to the map or plat thereof recorded in Volume 452,
Page 498 of the Deed Records of Harris County, Texas;
together with (a) all improvements located on the Real Property, if any, (b) any and all appurtenances,
I easements or rights-of-way affecting the Real property, and all of Grantor's rights, if any, to use the
same, (c) any rights of ingress and egress to and from the Real Property and Grantor's rights to use
!.)p' the same, (d) the mineral rights, if any, owned by Grantor relating to the Real property, and (e) all
right, title and interest of Grantor, if any, in and to (i) any and all roads, streets, alleys and ways open
or proposed) affecting, crossing, fronting or bounding the Real Property, (ii) any and all strips, gores
A or pieces of property abutting, bounding or which are adjacent or contiguous to the Real. Property
(however owned or claimed by Grantor), and (iii) all reversionary interests, if any, in and to the Real
Property, The Real Property, together with the rights and interests set forth in (a) through (e),
inclusive, are herein collectively referred to as the "Property". 1` dotwithstandLng any contrary
provisions hereof, Grantor is conveying the rights set forth in (c) and (e) WITHOUT WARRANTY
of any kind, whether express, implied or statutory.
This conveyance, is made SUBJECT TO, all and singular, but only to the extent that
the same are currently valid and enforceable against the Property, (a) all rights-of-ways and
easements, whether of record or not, (b) all restrictions, covenants and conditions, reservations,
mineral severances, oil and gas leases and all other instruments that affect the Property, and, (c)
rights, if any, of adjoining property owners of fences situated on a common boundary line.
1
TG HAVE AND TO HOLD the Property, subject to the matters herein -.et forth,
together with all and singular the rights and appurtenances thereto in anywise belonging unto the
Grantee, its successors and assigns forever; and the Grantor dues hereby bind itself, its successors
and assigns to WARRANT AND FOREVER DEFEND, all and singular the Property unto the
Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim
the same or any part thereof.
Whenever the context of this General Warranty Deed requires, (a) the singular nouns
and pronouns include the plural, (b) any gender includes the other genders and (c) the terin
"successors and assigns" includes legal representatives, heirs, executors, administrators, successors
ar assigns.
Taxes and assessinents for the current year have been prorated to the date hereof, and
the payment of same is hereby assumed by the Grantee.
?EXECUTED this the day of (InX,4 2008.
GRANTOR:
! PAIK LNTERESTS, LTD., a Texas limited
partnership
By: PAK INTERESTS IVIANAGEMEi°+ T, LLC,
a Texas limiters liability company, General
Partner
By:_ -
Na.me:~ cJ.C /C,E
Title: PA vRT,`J
Grantee's Address:
6
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THE STATE 0.
l is instrument eras act: led ed bet me on the _ 1 day of rr c,* 4'
2008, by jERrP_q S clrkg W MA 1 ---ate PACT INTERESTS
I!!ANAG-~~I E' NT, X, a Texas limited liability eany, General Partner of PA K
INTERESTS, LTD., a Texas limited partners~ ip, on alf rllereof
s
NOTARY PU'BL'IC - STA
Printed Name: _
My Commission E spires: _ - -
w.. u
1. a f PRISSCatILLA C.,' NEa
t Nopy pUbk, Scare of T~
yf Ras
Y ('111111* 6A Expires 1111+2W9
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1Q IolPaicLa'~res ta.~~
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F AklPRC~S~NMEPEk+h'HCHRc"_ SCP,$ECF h
* PkOPBRTr BEUSE 1F GOICR CA PACE 6Ik'eAIIC ANC OEkSlBCEidiE UNDER FEDERAL ~J'Y.
THE STATE. CF TEXAS
COUNTf OF -iAARRIS
µ iW*~Mo#rtil F1M n Gk Num xe quenre 0M lie tare W c roe tv E
stampleerea~gme;inC~sauryREC+CkDEG m~e(M+~wlPecknnnhKatRulrr~emmnarc>s
D?4 ~.p.NfY. 1 emm 0
r_.I FEB '19 228
RECORDER'S MEMORANDUM:
Cp(,,NTf CLERK At t118IIrG C: r?r'~±ti~,n' thlfi li 5~~~m~~f3phlC
HARRIS COUNTY, TEXAS found to 3rb )n Or
re~cC,, Ail bluCkout:
pho,o copy, r et a, the tirrw
addrvunS and cl aria
than instrUITient was filed and recorded,
3
• 0
EXNICIOUS PHILIP & SUZANNE B JANSSEN KATHRYN T & GEORGE BOURGEOIS KEITH A & KELLY B
2701 ARBUCKLE ST 2705 ARBUCKLE ST 2709 ARBUCKLE ST
HOUSTON TX 77005-3931 HOUSTON TX 77005-3931 HOUSTON TX 77005-3931
DOOLEY LARRY COLMAN HOWARD & PAULA MOODY JOHN S JR
2715 ARBUCKLE ST 2719 ARBUCKLE ST 2637 ARBUCKLE ST
HOUSTON TX 77005-3931 HOUSTON TX 77005-3931 HOUSTON TX 77005-3929
BROWN ROBERT L & DENICE P FINLEY BOBBIE M MCDONNELL MICHAEL A & YVONNE E
2633 ARBUCKLE ST PO BOX 25455 2632 ARBUCKLE ST
HOUSTON TX 77005-3929 HOUSTON TX 77265-5455 HOUSTON TX 77005-3930
Re: 2629 Arbuckle
SUNDERLAND RONALD H & NOEL PORRETTO SUE & JOHN ANDERSON JULIE C &
2634 ARBUCKLE ST 2640 ARBUCKLE ST SHEPHERD G MAURY
iOUSTON TX 77005-3930 HOUSTON TX 77005-3930 2702 ARBUCKLE ST
HOUSTON TX 77005-3932
NILLIS MARK & DAWN CORRIGAN ROBERT F & GWEN DANIEL JEFFERY K & NANCY L
1706 ARBUCKLE ST 2712 ARBUCKLE ST 2724 ARBUCKLE ST
iOUSTON TX 77005-3932 HOUSTON TX 77005-3932 HOUSTON TX 77005-3932
BASTIAN THOMAS B & ANN M NORRIS ROBERT E RUFFIN JAMES H
2714 ARBUCKLE ST 2718 TALBOTT ST 2710 TALBOTT ST
HOUSTON TX 77005-3932 HOUSTON TX 77005-3952 HOUSTON TX 77005-3952
iERZSTEIN RANDALL B CASAS GREGORY J RICE JAMES C & LESLIE S
2706 TALBOTT ST CASAS MARY C SULLIVAN 2709 TALBOTT ST
iOUSTON TX 77005-3952 2702 TALBOTT ST HOUSTON TX 77005-3951
HOUSTON TX 77005-3952
MOORE NANCY P CASCIO FRANK L JR & CAROL WELLS ROBERT D & DOROTHY
2705 TALBOTT ST 2701 TALBOTT ST 2639 TALBOTT ST
HOUSTON TX 77005-3951 HOUSTON TX 77005-3951 HOUSTON TX 77005-3949
COVELER LEWIS A HALBACH JOSEPH J JR & SUSAN LAPORTE BRIAN P & DEBRA
2640 TALBOTT ST 2634 TALBOTT ST 2632 TALBOTT ST
HOUSTON TX 77005-3950 HOUSTON TX 77005-3950 HOUSTON TX 77005-3950
LEACH CARLOS M JR &ROSEMARY W
DOOLAN PATRICK T & AMALIE M LEE MARGARET R 2617 W HOLCOMBE BLVD # C PMB 512
2709 CENTENARY ST 2705 CENTENARY ST HOUSTON TX 77025-1601
HOUSTON TX 77005-3939 HOUSTON TX 77005-3939 Re: 2701 Centenary
DONAHOE JOHN S & SUZANNE
2714 TALBOTT ST
HOUSTON TX 77005-3952