HomeMy WebLinkAbout06192008 ZBA Agenda Item 4
City 1 West Uifiversity Place *Texas
Memo
To: Zoning Board of Adjustments
From: Debbie Scarcella, City Planner
Date: June 16, 2008
Re: Staff Report for Docket 08-05
The applicant in Docket 08-05, 2708 Pemberton Drive, is requesting a variance under Article 7, Table 7-2,
Yards (or setbacks). The applicant wishes to project or encroach into a side yard 1.5 feet with an 18" x 18" seat
or retaining wall.
Background Information
The applicant is preparing to install a swimming pool at his residence located at 2708 Pemberton Drive. The
proposed pool includes an 18" high feature wall with waterfalls that dump water back in to the pool on the east
side. This feature wall runs parallel with the side property line and extends beyond the south wall of the pool,
becoming a seat wall up to the rear five foot easement line.
Table 7-2 of the zoning regulations establishes side yard setbacks equal to 10% of the lot width, or for this
building site, 75. Chapter 18 allows the outside wall of the pool to be no closer than five feet to a property line.
The applicant proposes to place the inside wall of the pool (water line) at the regulated side yard (75). thereby
requesting a variance to allow the "seat wall" extension of the pool to encroach 1.5' into the side yard (setback).
Table 7-6, Projection schedule, does not allow structures above 6" in height to project into a side yard. The seat
wall portion of the proposed pool will be 18" in height.
The applicant is stating that he has a hardship created by the ordinance provisions, because if the outside wall of
the seat wall stays within the 75 side yard requirement, adequate walkway area around the pool (on the west
side) will not be possible. Chapter 18 regulations regarding swimming pools only require a 3' wide walk way
around 70% of the pool perimeter. Staff believes that this requirement can be met and still meet the side yard
requirement.
Staff Response
The ZBA has general authority to grant variances, but according to Section 1 1-102, the ZBA may not issue a
variance unless all of the following circumstances are present:
(1) The ZBA must make all findings and determinations required by state law for the granting of a
variance, which are: (1) 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.
2708 Pemberton Page 1 6-16-08
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(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.
2708 Pemberton Page 2 6-16-08
r~V
\0
6
City of West University Place
APPLICATION TO THE ZONING BOARD OF ADJUSTMENT OF THE
CITY OF WEST UNIVERSITY PLACE, TEXAS ("CITY")
Address of site: 2?-Ds ?V-,, 6,j
Legal description of the site:
Applicant: 1 (^'~^',Rd. wt
Address: 2 ~~J''L ~,d~rq"
Contact: K-t,~ Phone: Z~f - Q Y~f-- 2-3 3-~- Fax: M- *6 - 2 7-` - Email.
Decision Or Action Requested (check one or more and provide requested data):
( ) Appeal. Hear and decide an appeal from an order, requirement, decision or determination made
by the Administrative Official.
• Is the official's action in writing? ( ) Yes; ( )copy is attached. ( )No, but the action appealed is as follows:
• When was the action taken? Note: Appeals must be filed within a reasonable time. Please explain any
delay below:
• Exact zoning ordinance section(s) involved:
• Grounds for appeal:
( )Special Exception.
• Exact zoning ordinance section that authorizes the special exception:
• Exact wording of special exception requested:
( 4Variance.
Exact zoning ordinance section from which a variance is requested:
7Ar-bCe
• Exact wording of variance requested: JU9.3 l5~ F q is k k 1431,w +-e¢ i=~, n c a Q a 4 e-( ~s
Other Data. Are there drawings or other data? ( )No (4Yes(list items here and attach them`) f
~Clc 43' l d - L A4 c- c7 U ed I LJ COX c, 44.Q,4 M% I -
3 - p f Owtic F"9 5Z dam-
S, lJ F U mr d ~wc~ c tL-w-,f- /J6, 2-
_ - rita 4f
Attached. The applicant has r th Sta nd City regulations attached. '-4 &'f
Signature of applicant: Date: kN 3
4 t 1 r I¢ - Al w,,e,
For Staff Use only Date filed: Date heard: ! Docket#:
Form ZBA-102 '
First A -#can Title Insurance C-0any
of Texas
TEXAS RESIDENTIAL OWNER POLICY OF TITLE INSURANCE
ONE-TO-FOUR FAMILY RESIDENCES
OWNER'S INFORMATION SHEET Policy Number TR 872020
Your Title Insurance Policy is a legal contract Su P61iza de Seguro de Titulo es un contrato legal entre
between you and First American Title Insurance usted y First American Title Insurance Company of
Company of Texas. This policy is not an opinion Texas. Esta p6liza no es una opinion o reporte en
or report of your title. It is a contract of indemnity, relaci6n a su titulo de propiedad. Es un contrato de
meaning a promise to pay you or to take other indemnificaci6n, esto es, las promesa de reembolsarle
action if you have a loss resulting from a covered o de tomar cualquier otro tipo de acci6n si usted sufre
title risk. una perdida como resultado de cualquier riesgo cubierto
por la p6liza.
It applies only to an improved one-to-four family
residential property or condominium unit. If your Esta forma de poliza ha sido designada para ser utilizada
land is not either of these, contact us immediately. exclusivamente en los casos de propiedades en las cuales
hay construidas viviendas para no mas de cuatro
familias o unidades en condominios. Si su propiedad no
es ninguna de las anteriores, por favor, notifiquenos
inmediatamente.
We insure you against certain risks to your land title. We list these risks on page 2. The following limit your coverage:
• Exclusions on page 2.
• Exceptions on Schedule B.
• Conditions on pages 2, 3 and 4.
You should keep the policy even if you transfer the title to your land. If you want to make a claim, see Section 3 under
Conditions on page 3.
You do not owe any more premiums for the Policy.
This sheet is not your insurance Policy. It is only a brief outline of some of the important Policy features. The Policy explains
in detail your rights and obligations and our rights and obligations. The Policy - and not this sheet - is the legal document.
YOU SHOULD READ THE POLICY VERY CAREFULLY.
THE TOLL-FREE NUMBER OF FIRST AMERICAN TITLE INSURANCE COMPANY OF TEXAS IS 1-800-347-7826.
YOU MAY CALL THIS NUMBER TO DISCUSS THIS POLICY OR TO MAKE A COMPLAINT. YOU MAY WRITE
TO FIRST AMERICAN TITLE INSURANCE COMPANY OF TEXAS AT THE ADDRESS IN SECTION 3 UNDER
CONDITIONS ON PAGE 3.
TABLE OF CONTENTS
PAGE PAGE
OWNER'S COVERAGE STATEMENT 2 CONDITIONS 2, 3 and 4
COVERED TITLE RISKS 2 1. Definitions 2 and 3
OUR DUTY TO DEFEND AGAINST COURT CASES.. . 2 2. Continuation of Coverage 3
SCHEDULE A INSERT 3. Your Duties if You Make a Claim 3
POLICY NUMBER, DATE AND AMOUNT 4. Our Choices When You Notify Us of a Claim 3
1. Name of Insured 5. Handling a Claim or Court Case 3
2. Interest in Land Covered 6. Limitation of Our Liability 3 and 4
3. Description of the Land 7. Transfer of Your Rights 4
SCHEDULE B - EXCEPTIONS INSERT 8. Arbitration 4
EXCLUSIONS 2 9. Entire Contract Provision 4
10. Complaint Notice 4
FORM T- IR: Residential Owner Policy of Tide Insurance Page 1
Effective I-1-91
2 <
(Continued from inside front flap) ruge
c. Easement. A portion of your ' -11 eone else has If you -11 s information is confidential, we will
the right to use for a special purpose. not disclose it to a se unless we reasonably believe the
d. Government Regulation. Any federal, state, or local disclosure is necessary to administer t c
law, constitutional provision, regulation, ordinance, or guideline. d. You Must Answer Questions Under Oath.
e. Land. The land or condominium unit described in We may require you to answer questions under oath.
Schedule A and any improvements on the land that are real e. Effect of Failure to Cooperate.
property. Our obligation to you reduces or ends if you fail or
f. Knowledge or known. Actual knowledge, not refuse to:
constructive knowledge or notice that may be imputed to an insured (1) (a) provide a statement of loss,
by the public records. (b) answer our questions under oath, or
g. Mortgage. A type of lien on the land such as a deed (c) show us the papers we request, and
of trust or other security instrument. (2) your failure or refusal affects our ability to dispose
h. Public Records. Those records required by Texas law of or to defend you against the claim.
and maintained by public officials in the county where the property
is located that give legal notice of matters affecting your title. 4. OUR CHOICES WHEN YOU NOTIFY US OF A CLAIM
i. Title. The ownership interest in the land, as shown in a. After we receive your claim notice or in any other
Schedule A. way learn of a matter for which we are liable, we can do one or
j. We, us or our. The title insurance company. This is more of the following:
First American Title Insurance Company of Texas. (1) Pay the claim against your title.
k. You, your. The insured. (2) Negotiate a settlement.
(3) Prosecute or defend a court case related to the claim.
2. CONTINUATION OF COVERAGE (4) Pay you the amount required by this Policy.
We insure you as long as you: (5) Take other action under Section 4b.
a. own your Title, (6) Cancel this policy by paying the Policy Amount, then
in force, and only those costs, attorneys' fees and expenses incurred
b. own a mortgage from anyone who buys your Title, or
up to that
c. are liable for any Title warranties you make. time that we are obligated to pay.
We can choose which of these to do.
We insure anyone who receives your title because of your b. If you report to us that a covered title risk exists, we
death. will promptly investigate to determine if that covered title risk is
We do not insure your transferee or assignee. valid and not barred by law or statute. A covered title risk is a
title risk that this Policy does not exclude or except.
3. YOUR DUTIES IF YOU MAKE A CLAIM 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
You must follow this process to make a claim: following actions to the extent that it is covered:
a. You Must Give Us Notice Of Your Claim (1) Institute all necessary legal proceedings to clear
If anyone claims a right against your insured title, you the title to the property;
must notify us promptly. (2) Indemnify you pursuant to the terms of the policy;
Send the notice to First American Title Insurance (3) Issue a new title policy without making exception
Company of Texas, 11490 Westheimer Road, Suite 600, Houston, to the covered title risk. If another insurer issues the new title policy
Texas 77077 or call 1-800-347-7826 and ask for a claims attorney. to your purchaser, lender or other transferee without making
If you initially notify us by phone, we recommend that you also exception to the covered title risk, we will indemnify the other
notify us in writing. Please include the Policy number shown in insurer.
Schedule A, and the county where the land is. (4) Secure a release of the covered title risk.
Our obligation to you is reduced or ended if: c. If we deny your claim, or any part of your claim, not
ail to give prompt notice, and more than 15 days after we deny the claim, we will:
(1) you f
(1) notify
(2) your failure affects our ability to dispose of or to you in writing, and
the claim. (2) give you the reasons for denial of your claim in
defend you against
Our obligation is reduced only to the extent that your writing.
failure affects our ability to dispose of or to defend you against 5. HANDLING A CLAIM OR COURT CASE
the claim.
b. You Must Give Us Proof of Your Loss if We Request It. You must cooperate with us in handling any claim or court
You must send to us, if we request, your signed proof of loss within case and give us all relevant information.
91 days of our request on a standard form supplied by us. Within We must repay you only for those settlement costs,
15 days after we receive your notice of claim, we must request attorneys' fees and expenses that we approve in advance.
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. When we defend or sue to clear your title, we have a right
The statement must have the following information to the best of to choose the attorney. You have the right to disapprove our choice
your knowledge: of attorney for reasonable cause. We can appeal any decision to
(1) the Covered Title Risks which resulted in your the highest court. We do not have to pay your claim until your
loss, case is finally decided. We do not agree that the matter is a covered
(2) the dollar amount of your loss, and title risk by defending.
(3) the method you used to compute the amount of
your loss. 6. LIMITATION OF OUR LIABILITY
c. You Must Provide Papers We Request. Our liability is limited by the following:
We may require you to show us your records, checks,
letters, contracts, and other papers that relate to your claim of loss.
We may make copies of these papers. "~c L, ko~ X' u (Continued on back flap)
OWNER'S COVERAGE STAT NT ~LUSIONS Page 2
This Policy insures your title to the land described in Schedule In addition to the Exceptions in Schedule B, we do not insure you
A - if that land is a one-to-four family residential property or against loss, costs, attorneys' fees, and expenses resulting from
condominium unit. these Exclusions:
Your insurance, as described in this Coverage Statement, is 1. We do not cover loss caused by the exercise of
effective on the Policy Date shown in Schedule A. governmental police power or the enforcement or violation of any
law or government regulation. This includes building and zoning
This document is title insurance. It is not an opinion or report of ordinances and laws and regulations concerning:
your title. It is a contract of indemnity, meaning a promise to pay a. Land use
you or to take other action if you have a loss resulting from a b. Improvements on the land
covered title risk. c. Land division
Your insurance under this contract is limited by the following: d. Environmental protection
This exclusion does not apply to notices of violations or
• Exclusions on page 2. notices of enforcement that appear in the public records at Policy
• Exceptions in Schedule B, insert. Date. However, there may be an Exception in Schedule B.
• Conditions on pages 2, 3 and 4. 2. We do not cover the right to take the land by condemning
We insure you against actual loss resulting from: it, unless:
a. a notice of exercise of the right appears in the public
• Any title risks covered by this Policy - up to the Policy records on the Policy Date, or
Amount, and b. the taking happened before the Policy Date and is
• Any costs, attorneys' fees and expenses we have to pay binding on you if you bought the land without knowing
under this Policy. We must approve the attorney before the attorney of the taking.
begins to work. You have the right to disapprove our choice of 3. We do not cover title risks:
attorney for reasonable cause. a. that are created, allowed, or agreed to by you,
b. that are known to you, but not to us on the Policy Date
COVERED TITLE RISKS unless they appeared in the public records,
This Policy covers the following title risks subject to the Exceptions c. that result in no loss to you, or
(Schedule B, insert) and Exclusions (p.2), if they affect your title d. that first affect your title after the Policy Date - this
to the land on the Policy Date. We do not promise that there are does not limit the labor and material lien coverage in
no covered risks. We do insure you if there are covered title risks. Item 6 of the Covered Title Risks.
1. Someone else owns an interest in your title. 4. We do not cover the effect of failure to pay value for
2. A document is invalid because of improper signature, your title.
acknowledgment, delivery, or recording. 5. We do not cover lack of a right:
3. A document is invalid because of forgery, fraud, duress, a. to any land outside the area specifically described and
incompetency, incapacity or impersonation. referred to in item 3 of Schedule A,
4. Restrictive covenants apply to your title. b. in streets, alleys, or waterways that touch your land.
5. There is a lien on your title because of: This exclusion does not limit the access coverage in the
• a mortgage or deed of trust, Covered Title Risks.
• a judgment, tax, or special assessment, or 6. We do not cover any claim based upon allegations that
• a charge by a homeowner's or condominium your purchase of title (or acquisition of title by gift or otherwise):
association. a. was a fraudulent conveyance, fraudulent transfer,
6. There are liens on your title for labor and material which voidable distribution, or voidable dividend;
have their inception before the policy date. However, we will not b. should be subordinated or recharacterized as a result
cover liens for labor and material that you agreed to pay for. of equitable subordination;
7. Others have rights in your title arising out of leases, c. was a preferential transfer unless
contracts, or options. (1) the Company or its issuing agent failed to timely
8. Someone else has an easement on your land. file for record the deed to you after delivery or
9. You do not have good and indefeasible title. (2) the recordation of the deed to you is not legal
10. There are other defects in your title. record notice.
11. There are other liens or encumbrances on your title. (We do cover the two types of claims described in c.
(1) and c. (2) above.)
This Policy also covers the following title risk: 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.
You do not have any legal right of access to and from the land. 8. We do not cover claims concerning the physical condition
OUR DUTY TO DEFEND AGAINST COURT CASES of your land or of the access to your land.
We will defend your title in the part or parts of a court case CONDITIONS
involving a Title Risk covered by this Policy. We will pay the costs, 1. DEFINITIONS
attorneys' fees, and expenses that we incur in that defense. We a. Actual Loss. This is the difference between the value
will not pay for the parts of a case not involving a covered title of your land without the covered title risk and the value of your
risk. You may disapprove our choice of attorney for reasonable land with the covered title risk. These values are the respective
cause. values at the time you must furnish proof of your loss.
We can end this duty to defend your title by exercising any of our b. Document. A deed or other conveyance of title to you
options listed in Item 4 of the Conditions, see page 3. or a prior owner.
This Policy is not complete without Sche ' -les A and B.
t ~ ~a L (Continued on inside back flap)
(Continued from inside bock panel Page 4
a. We will pay up to your act #or the Policy The arbitrat; any decide any matter in dispute between
Amount in force when the claim is made whichever is less. you and us.
b. If we remove M2, cia;tu agai,ist your title with Arbitration is one means of alternative dispute resolution. It
reasonable diligence or take other action under this policy after may lessen the time and cost of claims settlement. You may wish
receiving notice of it, we will have no further liability for it. to consider another form of mediation or use the court system.
c. All payments we make under this policy - except for If you choose arbitration, you may give up some discovery rights
costs, attorney's fees and expenses - will be subtracted from your and your right to sue.
Policy Amount.
d. If the Covered Title Risk is an easement, we may pay The arbitration award may:
an insured mortgage holder instead of paying you when a written a. include attorneys' fees if allowed by state law, and/or
agreement between you and the mortgage holder allows. If the b. be entered as a judgment in the proper court.
claim involves another Covered Title Risk, we may pay the The arbitration shall be under the Title Insurance
mortgage holder instead of paying you. The amount paid to the Arbitration Rules of the American Arbitration Association. You
mortgage holder is considered a payment to you under your policy may choose current Rules or Rules in existence on Policy Date.
and will be subtracted from your policy amount.
e. If you do anything to affect any right of recovery or The law used in the arbitration is the law of the place where
defense you may have, we can subtract from our liability the the property is located.
amount by which you reduced the value of that right or defense. You can get a copy of the Rules from us.
But we must add back to our liability any amount by which our
expenses are reduced as a result of your action. 9. ENTIRE CONTRACT PROVISION
7. TRANSFER OF YOUR RIGHTS This policy and any endorsements we attach are the entire
contract between you and us.
When we settle a claim, we have all the rights you had
against any person or property related to the claim. You must Any claim you make against us must be under this Policy
transfer these rights to us when we ask, and you must not do and is subject to its terms.
anything to affect these rights. You must let us use your name in 10. COMPLAINT NOTICE
enforcing these rights.
We will not be liable to you if we do not pursue these Should any dispute arise about your premium or about a
rights or if we do not recover any amount that might be recoverable. claim that you have filed, contact the agent or write to us. OUR
TOLL-FREE NUMBER IS 1-800-347-7826. If we do not resolve
With the money we recover from enforcing these rights, we the problem, you also may write the Texas Department of
will pay whatever part of your loss we have not paid. We have Insurance, P.O. Box 149104, Austin, TX 78714-9104, Fax No.
a right to keep what is left. (512) 305-7426. THE TOLL-FREE NUMBER FOR THE TEXAS
DEPARTMENT OF INSURANCE IS 1-800-252-3439.
8. ARBITRATION This notice of complaint procedure is for information only. It
If it is permitted under Texas or federal law, you and we does not become a part or condition of this policy,
may agree to arbitration when you file a claim.
First American Title Insurance Company
ATTEST of Texas
~ ~\JlE I NSU9 ~G~----
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ao BY ~C Y/v kNN PRESIDENT
JULY 17 _
cs~ 1929 s Secretary
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!''S Agent
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TR 872020 R 201 #0.00 $*-3,514.00 1200 0
FIRST AMERICAN TITLE INSURANCE COMPANY OF TEXAS
TEXAS RESIDENTIAL OWNER POLICY OF TITLE INSURANCE
ONE-TO-FOUR FAMILY RESIDENCES
CASE NUMBER DATE OF AMOUNT OF POLICY NUMBER
POLICY INSURANCE
97 HO 357688-E (126)/dm 9/18/1997 11:04AM $****485,000.00 TR 872020
SCHEDULE A
1. Name of Insured:
DAVID C. MANNON AND MARY LYNN MANNON
2. We insure your interest in the land covered by this Policy is:
FEE SIMPLE
3. Legal Description of Land:
Lot 18 and the adjoining West one-half of Lot 19, in Block 3, of PEMBERTON
ADDITION, a subdivision in HARRIS County, Texas, according to the map or
lat thereof, recorded in Volume 8, Page 41 of the Map Records of HARRIS
ounty, Texas.
AMERICAN TITLE COMPANY OF HOUSTON
Countersigned B~
Aut orize oun er,,gna ure
Valid Only If Schedule B
Schedule A Page 1 And Cover Page Are Attached
~4C c.`-cc~a r,~ /~/o Z
FIRST AMERICAN TITLE INSURANCE COMPANY OF TEXAS
TEXAS RESIDENTIAL OWNER POLICY OF TITLE INSURANCE
ONE-TO-FOUR FAMILY RESIDENCES
CASE NUMBER DATE OF POLICY NUMBER
POLICY
97 HO 357688-E (126)/dm 9/18/1997 TR 872020
SCHEDULE B
We do not cover loss, costs, attorney's fees and expenses resulting from:
1. The following restrictive covenants of record itemized below (We must eith-
er insert specific recording data or delete this exception.):
Volume 835, Page 141 of the Deed Records of HARRIS County, Texas, but
omitting any covenant or restrictions based on race, color, religion, sex,
handicap, familial status or national origin.
c005
2. Any discrepancies, conflicts, or shortages in area or boundary lines, or
any encroachments 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, government or other entities(
a. to tidelands, or lands comprising the shores or beds of navigable or
erennial 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 right 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
1997 and subsequent years, and subsequent taxes and assessments by any
taxing authority for prior years due to change in land usage or ownership.
6. The followingg matters and all terms of the documents creating or offering
evidence of ?he matters (We must insert matters or delete this exception.):
Vendor's Lien retained in deed dated September 16, 1997, filed for record
in the Office of the County Clerk of HARRIS County, Texas, on September 18,
1997, under County Clerk's File No. 5645836, from LAURA DANIELLE CAREY
MARTIN AND JAMES T. MARTIN, WIFE AND HUSBAND, to DAVID C. MANNON AND MARY
LYNN MANNON, HUSBAND AND WIFE, securing the payment of one note in the
princi al amount of $388,000.00, pa able as therein rovided to the order
of CON UMER FIRST MORTGAGE CO.; said note being additionally secured by a
Deed of Trust of even date therewith in favor of JIM L. SORVAAG,
Trustee(s), and filed for record in the Office of the County Clerk of
HARRIS County, Texas, on September 18, 1997, under County Clerk's File No.
5645838.
Said note, together with all liens securing same assigned to MELLON
MORTGAGE COMPANY by assignment dated September 16, 1997, filed for record
in the Office of the County Clerk of HARRIS County, Texas, on September 18,
1997, under Clerk's File No. S645839.
( CONT. ON SCH. B, PAGE 2 )
Valid only If Schedule A
Schedule B Page 1 And Cover Page Are Attached
No z
0
FIRST AMERICAN TITLE INSURANCE COMPANY OF TEXAS
TEXAS RESIDENTIAL OWNER POLICY OF TITLE INSURANCE
ONE-TO-FOUR FAMILY RESIDENCES
CASE NUMBER DATE OF POLICY NUMBER
POLICY
97 HO 357688-E (126)/dm 9/18/1997 TR 872020
SCHEDULE B
7. Rights of parties in possession.
8. Utility easement 5 feet in width along the rear property line(s) as
reserved in Volume 835, Page 141 of the Deed Records of HARRIS County,
Texas.
9. Sewer/Sanitary Sewer easement of undetermined width along the rear
property line as indicated on the unrecorded city maps of the City of West
University.
10. Subject to the zoning ordinances now in force in the City of WEST
UNIVERSITY PLACE, Texas.
11. Building line 25 feet in width along the front property line(s), as
reserved by instrument(s) filed for record in Volume 835, Page 141 of the
Deed Records of HARRIS County, Texas.
12. Subject to any visible or apparent easement(s) over, under or across
subject property.
13. Variance between fence lines and boundary lines alongg the north side of
the proppertyy as evidenced by survey dated September 12, 1997, prepared by
STEVEN P. BRISTER, Registered Professional Land Surveyor No. 4448.
14. One story garage encroaches into 5' utility easement at rear of property
as evidenced b survey dated September 12, 1997, prepared by STEVEN P.
BRISTER, Registered Professional Land Surveyor No. 4448.
Valid Only If Schedule A
Schedule B Page 2 And Cover Page Are Attached
2~ L
Written Narrative:
2708 Pemberton Drive is on a 140' x 75' foot lot in Pemberton area of West University,
Exhibit No. 1. Property owner desires to install a pool east of the home as shown in
Exhibit No. 2. Please note that the hoine was recently remodeled and square footage
added.
The planned pool has an 18" high wall feature that rises out of the pool structure on the
pool east side and has three water falls that dumps water back into the pool. The planned
pool width is 13' which was specified by the pool architect to ensure there is adequate
pool width to prevent any injury entering the pool, Exhibit No. 3 and 4.
The current West University ordinance for 140' x 75' lots generates a sideyard of 7'6".
The ordinance allows a pool edge to be constructed within the 7' 6" sideyard as long as
no part of the pool is higher than 6". A pool edge can be placed 5' from the east property
line as long as no element of the pool is more than 6" in elevation. The pool deck area
can encroach into this 5' sideyard as long as no part of the pool deck is more than 6"
elevation. Article 7, Table 7.6, Exhibit No. 5, states that any structure or retaining wall
higher than 6" shall not encroach into the sideyard.
Adhering to Article 7, Table 7.6 with an 18" deep retaining wall and 13' pool places the
edge of the retaining wall at 7'6" from the east property line and limits the west side
walkway to 4', Exhibit 2. Property owner is requesting a variance be granted to allow the
18" deep retaining wall to encroach 18" into the sideyard and place the pool edge at 7'6"
from the east property line. This will allow a 5'6" walk path on the west side of the pool.
A drainage plan is provided in Exhibit No. 6 showing the proposed drainage to the
backyard. All surface water will be routed to the street. No surface water will be
allowed to drain to surrounding neighbors either north or east.
A hardship condition to the property owner has been created by Article 7, Table 7.6 by
not allowing an 18" retaining wall to encroach into the sideyard thus limiting the west
walk path to 4'. This minimal walk path of 4' presents a safety hazard and unsafe
situation due to trip hazard and inadequate walk path. Expanding the walk path to 5'6"
will provide sufficient room for people to walk safety on the west side of the pool.
Providing a variance to this hardship will allow the pool and walkways to provide
adequate safe egress and ingress. A drainage plan satisfies the requirement to drain the
back property sufficiently to prevent any surface water to drain into the surrounding
property.
Homeowner respectfully requests that a variance to Article 7, Table 7.6 be granted due to
this hardship allowing the 18" pool raised wall to encroach 18" into the sideyard.
7 8 9 10 11 12 10 2n 1 °
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PEIIBERTON DRIVE
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1
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; 9'-t'i Meas,seO from me ~I
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ninvre,n,tall
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TEXAS SIGNATURE BUILDERS N
L-d- 2520 EAST BROADWAY \ /
PEARLAND• TX 77581 E
281-165-8615 S
,All T0S ,OxrrT •IJ [9NM.TID Ir Taf OINd.R4 RrQ06T illfxurlT Tffi BtXt
D
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lm salL. NDr sc ,LD TELLY 1pR AXr AND~bR RaPMTloRS ralT Lot 9
WRREXr Ta'u xr,NoAt ►DOV aEw. Lot Q
a "od°~°t
Lot 7 N 88°00'00" E-75.00'
s ss.a. 01' ,D.,•
. 11• rar 6' U.E.
fir PER! O
FENCES
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B L O C K
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NOTE
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PEMBERTON DRIVE
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C.f.R - GIPPED I%IX ,YID YAN~TII IDD.¢6,rD 'x600_- AND
W Li.NYY IN TBE /00 Yb'AR IIDOD PLAIN THIS'
(I!D Is fRR rC9xDm PIAT marr@mNl 31'A -19 IS ON N:IUNL' rag uclrmN Or SAfD NxrbY ~N
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,E of r TETRA ra.rrau Dr ,r BIDE 3
SURVEYS 1 APPRA sAls SuBDIVISroN
CHARLES E. HATES o~n+ez-e~oo r..x omaz iom PEMBERTON
4110
!`A
Q. BORROIER
9~ °~rs a~o?:.~0 RECORDING
N/I
D SURE' VOL: B M $B Y/R
ADDRESS: 2708 PEMBERTON DRIVE SURVEY A, ABSTRACT
suxvrDND,R4D:X41 H,R„r CrRrlllE rIIIT T8m SCALE: DATE: DRAWN.' -
r rAS Ylnr DN rta sxDDND uxDrx n
surrxrr rsmx. wD I ra+s xvxa,Nly 1 20 08-28-2007 .IIIR
JOxrrr. CITY COfJNTY STATe
G.F. NUMBER ✓OB N0.
C N/A 078N704 HOUSTON HARRIS TEXAS
8 LOT
75 00'
o r. / 2c _
'L,
t%~ oil M.141
LOT 7 HI LO 8 LOT
frvD~If' - 75.00' O I. ~%L
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SOD• Zip'
75.00'
PEMBERTON DRIVE o0 ROW)
NOTES:
t.) SUBJECT TO ANY ANO ALL RESTRICTIVE COVENANTS IN VOL. BJS. ~~~T>Rf 1 FLY~HGT ~P' Pt~'T
P0. I H.C.B.B. TkJt'l~ z2-57 H cav4.C.~ K7rE
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,•.s sN .v WoN'S zrjT~
THE SURVEYOR HAS NOT ABSTRACTEO THE SUBJECT PROPERTY
SUBJECT PROPERTY IS BASED ON TITLE COMMITMENT LISTED BELOW
LOT: BLOCK SURDM90N SECTgN.
LOT 18 AND ADJOITdJO
WEST 112 OF LOT 19 3 PEM6ERTON ADIXTTON -
COlM1Y STATE 7 RECORDATION : SURVEY - SGALF 1'•20'
HARRIS TEXAS VOL 8. PG 41. HCM.R. RELD WORII4 FINAL CHECK f-/Z-f
PURCHASER DAVID C. MNNON AID RIFE MARY LYM MANKN DRAFTNO o7-/L.f7 , . KEY MAP 592 C
ADDRESS 2708 MOUTON DRIVE
f DFT
STEVEN P. E..... N- wm I - NOV oh: wA
4448
(9.!IpA~B 4NP.OQ.
ALLTEX u
COCRiST 1.(tt:
TREE coO97 HO 15)688{
ND 97-0262
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ARTICLE 7. DISTRICT- SPEC I GULATIONS Page 22 of 27
that no
item
below
the
eave
Items at and above 15" may The area
ground level: See be 15" does not
Chimneys/fireplaces Notes closer 15" See count as
(with cross-sectional 15" 1.1 than Notes 1.1 either open
areas of 8 square feet or and 36" to and 13.
less) and similar parts of 13. the or pervious
buildings. SPL. area.
See
Notes
1.1
and
13.
Buildings The area
And does not
Attached count as
Structures p either open t w
but 0 or pervious
area. The
Porches/platforms/decks see See 0 See area
higher than 14 inches, Note Notes Notes 0 See beneath a
and similar structures 1.2. 1.1 1.1 Notes 1.1 deck may
See and and and 13.
attached to a building. Note 13. 13. count as v
1 1 pervious __Q
area if rain
is allowed k
to pass LG
through the
deck.
0 0. The area
120" See
See Notes See 0. See does not
Steps not higher than the Note 1.1 Notes Notes 1.1 count as
first floor level. 1.1 either open
1.1. and and and 13. or pervious
13. 13 area.
Table 7-6. Projections Schedule, cont.
TABLE INSET:
Special
Maximum Allowed Projection (In Rules For
Type Of Structure Inches), Measured From The Inside Calculating
Edge Of The Yard. Open &
Pervious
Areas
FronTRear Side SF
Yard rd Yard Bufferyard
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ARTICLE 7. DISTRICT- SPEC I O GULATIONS Page 23 of 27
The area
counts as
open area.
Items near ground level: The area
Buildings porches, platforms and 120" Ilimit. 0 beneath a
And decks higher than six See See See deck may
Attached inches but not higher Note Note Note No limit count as
Structures, than 14 inches, and 1.1. 1 1 13, pervious
Cont. similar structures area if rain
attached to buildings is allowed
to pass
through
the deck.
0, but
0, but see 0,
Notes but The area
see 3 and see 0, but see does not
Other parts of buildings Note 4. Note Note 3. count as
and structures attached See See 5. See Notes either
to buildings. Note Notes See 1.1 and open or
1.1. 1.1 Note 13. pervious
and 13. area.
13.
The area
counts as may,
open area
but not as
pervious
area
Sidewalks, patios, No unless the
porches/platforms/decks, limit, material is
retaining walls, except completely
Ground level driveways, parking areas that pervious to
and and similar structures decks No No water. The
underground not higher than six may limit limit No limit area
items inches; all underground not beneath a
structures. See also project deck may
Table 7-3 regarding more count as
pervious pavement. than pervious
120" area if rain
is allowed
to pass
through
the deck.
See Table
7-3.
See See The area
Mechanical Air conditioning does not
Equipment equipment, pool 0 Note Note 0 count as
equipment, and similar 6. 6. either
freestanding mechanical open or
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ARTICLE 7. DISTRICT-SPECI GULATIONS Page 24 of 27
i
equipment pervious
area.
The area
may count
Utility meters and related No as both
apparatus 0 limit 15 12 open area
and
pervious
area.
Table 7-6. Projections Schedule, cont.
TABLE INSET:
Special
Rules For
Type Of Structure Maximum Allowed Projection (In Inches), Calculating
Measured From The Inside Edge Of The Yard. Open &
Pervious
Areas
Front Rear Side SF
Yard Yard Yard Bufferyard
The area
No limit may count
Basketball generally, as both
goals 120" No limit but see No limit open area
Note 7. and
pervious n
area.
The area
may count
Playground as both
equipment 0 No limit 0 No limit open area
and
pervious
area.
The area
may count
as both
Flagpoles 120" 0 0 0 open area
and
pervious
area.
0, but No limit, The area
see but see does not
Fences Notes 8 No limit Notes 8 No limit count as
and 12. and 11. either open
or pervious
area.
The area
counts as
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ARTICLE 7. DISTRICT-SPECI EGULATIONS 0 Page 25 of 27
is
open area.
Only the
Swimming 0 see Note see Note No limit water area
pools 9 9 counts as
pervious
area.
The area
counts as
open area
Tennis but not
courts (with 0 0 0 No limit pervious
associated area
screens) (unless the
area is
made of
grass).
Certain The area
Accessory No limit No limit No limit No limit may count
Structures generally, generally, generally, as both
Lights and but see but see but see generally, open area
lampposts Note 10. Note 10. Note 10. but see and
Note 10.
pervious
area.
The area Cb
may count
Gate as both
closers 24" No limit No limit No limit open area
and
pervious
area.
The area
Signs (see does not
Code of No limit 0 0 0 count as
Ordinances) either open
or pervious
area.
Note 1.1. Projections in QMDS . See QMDS Schedule.
Note 1.2. Porch In Front Yard . On a building site in a residential district with a front yard
depth of 20 feet or more, a porch may project up to 120 inches into the front yard if it
meets all of the following criteria:
(i) It is neither designed nor usable for motor vehicles;
(ii) The volume of the projecting part of the porch does not exceed 50 cubic feet per foot
of front street line (Example: the maximum projecting volume on a 52 1/2-foot wide site
would be 50 cubic feet x 52.5, or 2,625 cubic feet).
(iii) The porch's outside perimeter is open and unobstructed, except for the following
features: (a) Ordinary window screens. (b) A solid or partially open safety rail not higher
than 3.5 feet above the porch floor. (c) Supporting vertical columns, if the total width of
the outer faces of the columns does not exceed either 50% of the outside perimeter of
the porch or 25% of the theoretical outside perimeter of a maximum-sized porch. The
width of a column is measured at its thickest point above 3.5 feet above the porch floor.
The "maximum-sized porch" is 120 inches deep and extends from one side yard line to
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ARTICLE 7. DISTRICT-SPECI EGUL ATIO",,S Page 26 of 27
the other, but it is limited by the open area requirement for the front yard. The "outside
perimeter" of a porch is the portion of the perimeter out in the front yard; it does not
include the portion of the perimeter adjacent to a building or lying along the front setback
line.
(iv) At no point in the front yard does the porch have a height greater than the depth of
the front yard (Example: if the depth of the front yard is 20 feet, the maximum height in
the front yard is also 20 feet).
Note 2. Gas Pipeline Sites . A principal building may project into the front yard if: (a) the
building site includes land in the rear of the building site subject to a gas transmission
easement thirty feet or wider that is actually traversed by a gas transmission (not
distribution) pipeline; (b) no part of the principal building, except items that are otherwise
allowed to project into front setback areas, is within twenty feet of the front street line;
and (c) The entrance to garage space is not closer than thirty feet to the front street line.
Note 3. Buildings In Rear Yard or SF Bufferyard. A building may be located in a rear
yard or SF Bufferyard if it meets all of the following criteria: (a) No part of it may be
closer than five feet to the rear property line (or to any SF District, if in a SF Bufferyard).
(b) Within ten feet of another building site in an SF District (whether on the side, rear or
otherwise), it may have no window, door or other opening above the ground floor (and
facing the property line of the other building site), except for opaque, non-operable
openings or skylights. (c) Space in any projecting building may only be used for single-
family (detached) use. (d) A principal building may not project unless the ground floor of
the projecting part is at least 51 percent garage space, and there is no more than 600
square feet of building space, other than garage space, in the projecting part). See
garage restrictions in Article 10.
Note 4. Railway/Gas Sites . A building may be located in a rear yard if: (a) the yard
abuts land used for railway purposes or gas transmission (not distribution) pipeline
purposes; (b) the building does not occupy any area subject to a utility easement or
drainage easement, unless each entity claiming an interest in the easement grants its
consent or acquiescence to the encroachment; and (c) the building is an accessory
building. If these criteria are met, the normal restrictions for rear yard projections do not
apply (see notes above).
Note 5. Garages In Side Yards . Each projecting building must meet all of the following
criteria: (a) It must be at least three feet from the side property line (no projection toward
the side street line being permitted. (b) The projecting part may only contain garage
space and space above the garage. (c) Any projecting part must be at least seventy feet
from the front street line. (d) Within ten feet of another building site in an SF District
(whether on the side, rear or otherwise), it may have no window, door or other opening
above the ground floor (and facing the property line of the other building site), except for
opaque, non-operable openings or skylights.
Note 6. Equipment In Rear or Side Yard .
REAR YARD: Indicated equipment may project into a rear yard only if: (a)
separating the equipment from any building site across the rear lot line, there is a
solid wall at least one foot higher than the highest part of the equipment; (b) if the
equipment occupies any part of an easement under the control of the City, the
City has issued a separate acquiescence or consent to the occupancy of the
easement; (c) there has been formally granted to the city any utility easement
deemed necessary by the City's chief utility official; (d) the base of the equipment
is not higher than 14 inches above the ground (Exception : the base may be
elevated to the minimum level of the lowest floor of the principal building, as
established by the City's flood damage prevention ordinance, if that level is
higher than 14 inches above the ground.), and (e) if located within five feet of any
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ARTICLE 7. DISTRICT-SPECIMOEGULATIONS Page 27 of 27
property line, the equipment is fully encased in a sound-absorbing cabinet or is
otherwise designed and operated to comply with the City's noise regulations; see
Chapter 54 of the Code of Ordinances.
SIDE YARD: Indicated equipment may project into an interior or street side yard
(but not closer than three feet to a property line) only if it is fully encased in a
sound-absorbing cabinet, or is otherwise designed and operated to comply with
the City's noise regulations; see Chapter 54 of the Code of Ordinances.
However, equipment replacing older equipment in a side yard may project as
close as 18 inches to a property line, if the fire marshal determines that such
projection will not significantly interfere with emergency access, either on the
same site or on another site.
NEW AND REPLACEMENT EQUIPMENT: These rules apply to all new and
replacement equipment.
Note 7. Basketball Goals . No part of the equipment may be closer than ten feet to any
street line.
Note 8. Fences . Fences may project into front and side yards to the extent expressly
required or authorized by City ordinance (e.g., provisions in Chapter 18 of the Code of
Ordinances requiring front fences for temporary construction purposes and to screen
nonresidential uses; provisions in PDD schedules for front fences). In a QMDS low
fences (3.5 feet or lower) may be located anywhere, if made of ornamental metal or
whitepickets. w)
Note 9. Swimming Pools . Except as specifically allowed by another ordinance of the
City governing setbacks for swimming pools and appurtenances.
Note 10. Lampposts . Maximum diameter of projecting posts is six inches; maximum
height is eight feet.
Note 11. Rotated Corner Fences . Notwithstanding any other provision of this ordinance
or any other ordinance, no fence is allowed in the side street yard of a rotated corner
building site (SF-1 District), except for temporary construction fences required by
Chapter 18 of the Code of Ordinances.
Note 12. Front Fences in Townhouse Districts . On a building site in a townhouse
district (including the TH and PDD-TH districts), there may be fences in the front yard,
but not higher than seven feet and not closer than five feet to the front street line. More
permissive provisions elsewhere may also apply.
Note 13. Old Stock Housing. ZBA may issue a special exception to authorize projection
of buildings and attached structures into a side yard, rear yard or an SF Bufferyard, if the
ZBA determines: (i) the projection is reasonably necessary to preserve or protect old
stock housing as it then exists or as it may be proposed to be remodeled or expanded
(up to a total gross floor area, for all buildings, of 3,400 square feet); and (ii) there will be
no substantial adverse impact upon nearby properties.
(Ord. No. 1797, § 1(ex. A), 5-23-2005; Ord. No. 1798, § 1(ex. A), 5-23-2005; Ord. No. 1799, § 1(ex. A),
5-23-2005; Ord. No. 1840, § 1(ex. A), 4-23-2007)
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•
•
City of NVest University Place
A Neighborhood City
9 Recycled Paper
NOTICE OF ZONING BOARD OF ADJUSTMENT HEARING
The Zoning Board of Adjustment ("ZBA") of the City of West University Place, Texas ("City") will
hold a public hearing in the Bill Watson Conference Room of the Municipal Building, 3800
University Boulevard, City of West University Place, Texas 77005, during a meeting set to begin at
6:30 P.M. on June 19, 2008. The hearing may be recessed and continued to a ZBA meeting set to
begin at 6:30 P.M. on July 17, 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: 2708 Pemberton, West University Place, Texas 77005
Legal description of the site: Lot Eighteen (18), and the adjoining west one-half of Lot 19,in block
Three (3), of Pemberton Addition, a subdivision in Harris County, Texas, according to the map or
plat thereof recorded in Volume 8, Page 41 of the Map Records of Harris County, Texas.
Docket No.: 08-05 Applicant: David C. Mannon
Action Requested: Applicant requests a variance to allow 1.5 feet of 18" x18" retaining wall
attached to pool wall to be located in side of east side yard 7.5', per Table 7-6, Projections
Schedule, Appendix A of the Code of Ordinances.
Applicable regulations include the City's Zoning Ordinance, Chapter 211 of the Texas Local Government
Code and the rules of the ZBA. Additional details on such matters, as well as, the applicable
regulations are available for public inspection in the Public Works Center, 3826 Amherst, West
University Place, 77005. Any person interested in such matters should attend the hearings.
Ifyou plan to attend this public meeting and you have a disability that requires special arrangements at the
meeting, please contact the Planning & 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: a - , for the ZBA 6-9-2008.
Sallye A. Clark,,Planning Assistant.
'~(1 lini ' ;~i. ,w. (,I';": ~::A;iti ~I(.'~: .1~1 s .=.*F:f)~°°,~,+:11 • ,,.tlG, rl/.'!,'
Degregori Staci D & Roger S Segner Edmund p III & Kathryn L Mannon David C & Mary L
2703 Pemberton Dr 2704 Pemberton Dr 2708 Pemberton Dr
Houston, TX 77005-3443 Houston, TX 77005-3444 Houston, TX 77005-3444
Plyant Julian E & Johanna C Andreeff Michael Berkemeyer Don W & Mary B
2709 Pemberton Dr 2715 Pemberton Dr 2716 Pemberton Dr
Houston, TX 77005-3443 Houston, TX 77005-3443 Houston, TX 77005-3444
Cancelmo Richard P Jr Mason Stephen M & Ann Patterson Edward J III & Diana L
2722 Pemberton Dr 2725 Pemberton Dr 2728 Pemberton Dr.
Houston, TX 77005-3444 Houston, TX 77005-3443 Houston, Texas 77005-3444
Hatfield Merle D
BOCELL JAMES R JR RIDLEHUBER JEANNE M 2640 Pemberton Dr
2639 FENWOOD RD 2707 FENWOOD RD
HOUSTON TX 77005-3435 HOUSTON TX 77005-3437 Houston, TX 77005-3442
THOMAS CYNTHIA MARIE VETTERS CHARLES M JR & ST PAUL ARMAND CHRIST &
2639 PEMBERTON DR LORI H .JEANNE
HOUSTON, TX 77005-3441 2711 FENWOOD RD 2717 FENWOOD RD
HOUSTON TX 77005-3437 HOUSTON TX 77005-3437
LUDWICK ANNIE E HECK JOHN S & KIMBERLY A DETMERING TIMOTHY J & MARY A
4141 S BRAESWOOD BLVD APT 615 2700 FENWOOD RD
HOUSTON, TX 77025-3332 HO HOUSTON TX 77005-3438
Re: 2721 Fenwood Rd HOUSTON TON TX TX 77005-3437
DAVIDSON PHILIP A ST PAUL ARMAND CHRIST & THOMPSON KATHERINE H &
2712 FENWOOD RD JEANNE RICHARD M
HOUSTON TX 77005-3438 2717 FENWOOD RD 2720 FENWOOD RD
HOUSTON TX 77005-3437 HOUSTON TX 77005-3438