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HomeMy WebLinkAbout11202008 ZBA Agenda Item 2 i Memo To: Zoning Board of Adjustments From: Debbie Scarcella, City Planner Date: November 17, 2008 Re: Staff Report for Docket 08-08 The applicant in Docket 08-08 5708 Buffalo Speedway, is requesting a special exception to allow installation of an additional maneuverin- area ("dead end" or "stub" driveway) in the front and Back;?round Information The applicant's property is located between Tangley Road and Robinhood Street fronting on the west side of Buffalo Speedway. The traffic flow is controlled by stop lights two blocks north at Sunset Boulevard and three blocks south at Rice Boulevard. The applicant's property is 50' wide and 98.5' deep. The property is not wide enough to allow a circular drive in the front yard. The applicant feels that backing out (into Buffalo Speedway) creates a difficult and unsafe situation. The driveway is 10' wide with the garage located in the rear portion of the lot, so there is not enough rear maneuvering area to turd a vehicle to enter Buffalo Speedway headl-inst. Additionally, visitors mast either part: in the driveway or on a side street since parking in the street on Buffalo Speedway is difficult because of the volume of traffic at certain times of the day. The applicant proposes to construct an additional maneuvering area ("stub" or "dead end" driveway) in the front yard, to allow vehicles to turn around and enter Buffalo Speedway headfirst. The applicant proposes a 15' x 13'2" area paved with concrete, crushed granite, and/or grass pavers strong enough to support vehicular traffic. The applicant farther plans to plant shnibbery around the "stub" or "dead end" driveway to screen it from public view. No trees will be affected since the area is currently grass- covered. Staff Response Driveway and parking re"ulations are found in Table 7-5a of the Zoning Ordinance. . Table 7-5a refers to Article 10 for "other" requirements not specified in Table 7-5a. Section 10-103 provides: h7 an SF District, all parking areas and maneuvering areas (including dead-end or stub driveways) must be behind the principal building or surrounded by opaque fences or walls at least six feet in height, and all such areas are prohibited in fi-ont yards. However, Table 7-5a, Note 7 provides: 5708 Buffalo Speedway Page 1 10-17-08 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. Therefore, in this case the ZBA has the authority to grant a special exception for additional maneuvering area in the front yard if it finds that: (1) The location or design will not unreasonably interfere with available light and air and will not significantly alter access for fire-fighting and similar needs, (2) The location or design will prevent the destruction of a qualified tree; (3) [...]or (4) The location or design requested is necessary for safety consideration. Section 11-02, Findings, Subsection (b), Special Exceptions, further requires that the ZBA consider the following circumstances and find them all to be present: (1) The proposed special exception will not cause any significant increase in on-street parking, will not cause any substantial traffic congestion, will not cause any substantial increase in traffic or an Unreasonable burden upon utility systems or upon any other public facility or public service. (2) The proposed special exception will be in harmony with the general purpose and intent of this ordinance. (3) The ZBA has made any additional findings and determinations required by a specific provision of this ordinance (as specified in Note 7 of Table 7-5a). (4) The special exception has been reduced to writing and includes any conditions prescribed by the ZBA or required by this ordinance for the special exception 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 special exception. If the Board grants a special exception, the Board may want to consider attaching conditions similar to the following: I. Limit the amount of maneuvering area to what is required for a standard sized parking space (9' x 1 S') oriust enough space to adequately turn a vehicle around. 2. Specify the type of material to be used in creating the maneuvering area (pervious only, for example). 3. Require adequate screening by shrubbery or other plantings to be maintained at all times. 5708 Buffalo Speedway Page 2 10-17-2008 November 20, 2008 At the ZBA meeting on October 16, 2008, the ZBA discussed that the issue of additional driveway maneuvering areas for site fronting Buffalo Speedway was not necessarily one that should be resolved on a case by case basis, but should be fully investigated with possible recommendations for ordinance amendments. The ZBA suspended the deliberations and referred the issue to the Zoning and Planning Conllliissron for further study. The ZPC dlSCUssed this issue at their regular meetlnu on November 13, 2008 and agreed that it was an issue deserving further study and investigation. The ZPC instructed staff to prepare in preliminary concept, possible guidelines and conditions and present them at the next regular meeting. The ZPC will work on this with the goal of forwarding to City Council informing them of this issue and requesting a workshop sometime in January or February to present them at the next regular meeting 5708 Buffalo Speedway Page 2 10-17-2008 Sallye Clark From: Allan Elkowitz [elkowitz@alumni.caltech.edu] Sent: Thursday, November 13, 2008 10:17 AM To: Sallye Clark; Steve Brown - ZPC Chair Subject: Thoughts on tonight's meeting I am riot sure who should get this. As I said earlier, I will not be able to be there tonight due to having to fly to New York for a meeting Friday morning. 1. On the zoning exception on Buffalo Speedway: My wife and I looked at this house just after it was built. I studied the driveway and concluded that it would be almost impossible to get into and out of the property given the configuration of the garage, house and street. We concluded that we would never purchase this house for that reason alone. We concluded that it would be a significant safety hazard trying to get into and out of the property, especially in traffic. I note that the house has been sold more than once but I don't know if this difficulty has anything to do with the driveway issue. Certainly if I were on the ZBA, I would vote in favor of granting the variance for the safety reason alone. I believe we do need to address the issue in the ZPC seeking a more permanent solution. 2. On the fence issue: I have looked at some but not all of the properties. If I owned a house on a corner lot, I would certainly see the need for a wall of some sort which created a significant amount of privacy. I understand the need to preserve access for fire and rescue personnel. However I believe we can address that issue by requiring a gate made of a more easily breached material such as wood or cast iron which can be cut through. I do believe it is a personal freedom issue to allow homeowners to build stone or brick fences to protect their privacy provided some method of access is included. elkowitz@alumni.caltech.edu r 1 City of West University Place APPLICATION TO THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS ("CITY") Address of site: --70,F SP~ed~y Legal description of the site: L-0'7- A-1 t31 o C L I S- 1~ o Me d a~ ►'f10413 Applicant: Mq-H-`e ~J Akno( ddress: j- Contact: Phone.013 J2gi -S I1(o Fax: (71?)731-6659 Email: Decision or Action Requested (check one or more and provide requested data): Mro ro( e 6'r"I4- -en erl Con ( ) 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: ( rSpecial Exception. • Exact zoning ordinance section that authorizes the special exception: !C1c?Lw- `7 - SC(No-~e -1 ording of specA, exception requested: IV's~ ve1-* q S peoct ey-u Ior1 ct S PCOVI0(pa( 7-Sg tVO~C^? 4or or) a 4ertva-4Q dx S ~ N Svc Maw v.v exce wn~ S r-I q( d q 1~o S-}v~ o It ire a IN ( ) Varia ce. ~ v r qo~ end • Exact zoning ordinance section from which a variance is requested: ,J~ yea( • Exact wording of variance requested: J Other Data, Are there drawings or other data? ( )No ()Yes(list items here and attach them) Sum(%004- off- (`eve-0- Z, f w n~ 04- ar`-eA 3. Pad ~-e c'}"y S u cJ @ S. ~ 1 WACC,:~'n+Y N42J Attached. The applica has read the State a Ci regul tions attached. Signature of applicant: - Date.; Z~7 -d For Staff Use only Date filed Form ZBA.102 Date heard: Docket#: TO: West University Zoning Board of Adjustments FROM: Matt Rowland DATE: August 29, 2008 RE: 5708 Buffalo Speedway Special Exception I would like to construct a 15' by 13.2" stub in the front of the property to allow for drivers to turn around and forward exit onto Buffalo Speedway. My property is located between Sunset Boulevard and Rice Boulevard fronting Buffalo Speedway. The traffic in front of my property is controlled by signals located at Sunset and Rice (Street Map attached). The current configuration of the garage (located in the rear of the property) and driveway (10' wide) is too tight to turn around so it requires drivers to back onto Buffalo Speedway to exit the property. This is an unsafe situation given the amount of traffic on Buffalo and timing of the signals in this area. Article 10-102(b) of the West University Municipal Code limits dead end or stub driveways in a front yard to major thoroughfares; however, Buffalo Speedway is not defined as a major thoroughfare so I am requesting a special exception as defined in Table 7-5a Note 7 which states: "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." I would propose to use either: concrete, crushed granite, and or grass pavers strong enough to support vehicular traffic to construct the maneuvering area. The area around the modification will be planted with shrubbery to shield from public view. The area to be modified is currently grass, no trees will be affected and the work will be professionally done. The proposed design will not interfere with available light or air or alter fire fighting access. In addition, visitors to my property must park on a side street as parking on this section of Buffalo Speedway is inherently unsafe and would severely disrupt the flow of traffic. Thank you for your consideration in this matter. Regards, Matthew Rowland /()OS to 6326 Belmont St. Hou41 TX 77005 - Page 1 of 2 , Directions to 6326 Belmont St, Houston, TX G' 77005 0.6 mi -about 1 min Save trees. Go creen~ TI- Download Google Nlaps on your - U ► T~ t 1~-tlzJ~ I phone at google.com/gmm I • v Sunset Blvd r I Sunse,7-al vd I°i i I CD CL I ; I i i ' hJoltin barn St 'q~-,tnng~, Ito t _ Quenb'y Si I , . ~I r^I ~ I t Rcbinhao~t St i i r-. Robinltaod 51.....__ ~_v_ ! ~ ! Y I ! I Tangley S! - - Tangley St i - lmi (D y Plumb St Plum Plumb St - Lafayette St ICP inn E ~ I i l Gear etown S! Georgelorm St G . i 1^ E Rice Blvd - Rice to Rice Blid l ©2008 G g le - Map data ©2008 LeadDog Consultin NAVTEQ , T l,ff,.- /,nanc annolP r.nm/man~~f=riRr.eat~t~r-57()R+Ruff § 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.) Exceptions/Spe- Table 7-ba: cial Rules: (1) See special rules noted in table. (3) See Article 9 re- Parking, driveways, etc. gardmg Planned Development Districts. (3) See Note 7 regarding pedal exceptions. (4) See Article 10. Item Regulation SF-1 SF-2 or_J THI GR-I GR-2- 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 Other regulations apply; see, ticle 10 (including maneuuering areas, design requirements, "same e.g. Article 10 site' rule, yards, street areas, loading spaces etc.). Grouping or sharing. Not allowed, except in a QMDS platted parking reserve serving two or more DU's. But see 1Vote 2. Use of parking areas Parking spaces for non-SFD uses may only be used for motor vehicle parking. accessway See Note 3. 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 Driveways and private equipment). Other regulations also apply, e.g, fire code. streets Minimum width- See Note 1. For non-SFD residential use: 10 feet, or 17 feet if two-way and serv- Other regulations apply; see, mg three or more DU's. Maximum width For SFD use: (i) Driveway serving any single-bay garage: 12 feet. (ii) e.g. Article 10. See Note 1. Driveway in a front yard serving rear garage or side-facing garag: 12 feet. (iii) Driveway in side street area of a corner site serving a side-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. Spacing N/A For non-or D uses: There must be at least 40 feet between the "in- side" apron edges (at their narrowest points) of driveways serving Pavement the same building site. 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-SK) uses: Parking spaces must be clearly marked on the Curb cuts pavement, and wheel stops are required. See Note 12. Other regulations apply; Number For SFD use: Maximum one per subdivided lot abutting the street. see, e.g. Article 10. For non-SFD use: Maximum one per 50-ft. segment of street line. See Note 5. Max. width per 50-ft. seg- Four feet (for aprons) plus the maximum driveway width allowed. ment of street line Each curb cut must be confined to the part of the street area that Visibility triangles directly abuts the building site(s) served. See Note 1. Forbidden structures, plants The following are forbidden on parts of a building site within a visi- See definitions in Article 2 and other things bty 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. Sapp. No. 1 CDA:40 APPENDIX A-ZONING ORDINANCE § 7-101 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.) Exceptions[ Special Rules: (1) See special rules noted in table. (3) See Article 9 Table 7-5a, cont. regarding Planned Development Districts. (3) See Note 7 regarding special exceptions. (4) See Article 10. Item PDD- PDD- PDD- PDD- PDD-' PDD- Regulation SF1 ` SF2 PDD Off-street parking spaces Number, location, size, de- THI TH2 TH4 THS:- TH7 PD DD-C and parking areas Depends on land use, layout, etc. See this 74ble, 7hble 7-4a, and Ar. sign ticle 10 (including maneuvers Other regulations apply; see maneuvering areas, design requirements, 'same e.g. Article 10 site' rule, yards, street areas, loading spaces, etc.). 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 king. accessway Minimum width 20 ft, via public or private street, to each See Note 1. each DU (or to an adjacent open area aprincipal building and equipment). Other regulations also apply, fire to firefighters and Driveways and private Minimum width e.g, g, fire code. streets For non-SFD residential use: 10 feet, or 17 feet if two-wa Other regulations apply; see See Note 1. ing three or more DU's. Y and serv- Ot Article 10. Maximum width For SFD use: W Driveway servin any See Note 1. Driveway in a front yard servingrear single-bay garage: 12 feet. (ii) 12 feet. (iii) Driveway in side street area garage or facg gara: f a corners sitesservng a side-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 driveway 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 fat their narrowest points) of driveways serving Pavement the same building site. 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 wheel stops. Required type For non-SFD uses: Parking spaces must be clearly marked on the Curb cute pavement, and wheel stops are required. See Note 12. Number For SFD use: M Other regulations apply; aximum one per subdivided lot abutting the street. see, e.g. Article 10. For non-SFD use: Maximum one per 50-ft. segment of street line. Max. width per 50-ft. seg- Four feet (for aprons) plus the maximum driveway width allowed. ment of street line Each curb cut must be confined to the part of the street area that Visibility triangles Forbidden structures, plants Th directly e following are forbidden on parts of a building site within a visi- 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:41 § 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: (i) 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. (i) 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 i • AFTER RECORDING MAIL TO: Matthew W. Rowland 5708 Buffalo Speedway Ilouston, TX 77005 Prepared By: Robertson & Anschutz, P.C. 10333 Richmond Avenue, Suite 550 Houston, TX 77042 GENERAL WARRANTY DEED NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. STATE OF TEXAS § § ss.: KNOW ALL MEN BY THESE PRESENTS: COUNTY OF Harris § THAT Sterling Homes Corporation, a Texas Corporation, hereinafter called "Grantor", for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration to Grantor in hand paid by Matthew W. Rowland, hereinafter called "Grantee", whose mailing address is 5708 Buffalo Speedway, Houston, TX 77005, the receipt and sufficiency of which is hereby acknowledged, and the further consideration of the execution and delivery by said Grantee of one certain Promissory Note ("Note I") in the principal sum of Six Hundred Twenty Thousand Dollars ($620,000.00), of even date herewith, payable to the order of Houston Capital Mortgage, hereinafter called "First Mortgagee", bearing interest at the rate therein provided; said Note containing attorney's fee clause and various acceleration of maturity clauses in case ofdefault, and being secured by Vendor's Lien and Superior Title retained herein in favor of said First Mortgagee, and also being secured by Deed of Trust of even date herewith from Grantee to Thomas F. Vetters, Trustee, and the further consideration of the execution and delivery by said Grantee of one certain other Promissory Note ("Note II") in the principal sum of Seventy-Seven Thousand Five Hundred Dollars ( $77,500.00 ) of even date herewith, payable to the order of JPMorgan Chase Bank, N.A., hereinafter called "Subordinate Mortgagee", bearing interest at the rate therein provided; said Note II containing attorney's fee clause and various acceleration of maturity clauses in case of default, and being secured by Vendor's Lien and Superior Title retained herein in favor of said Subordinate Mortgagee, and also being secured by Deed ofTrust of even date herewith from Grantee to James L. Robertson, Trustee, Grantor has GRANTED, SOLD and CONVEYED, and by these presents does GRANT, SELL and CONVEY, unto said Grantee, the following described Property located in Harris County, Texas, to-wit: The East One-Hundred (100) feet of the South Half (1/2) of Lot Three (3), in Block Sixty-nine (69), of West University Place Second Addition, an addition in Harris County, Texas according to the map or plat thereof recorded in Volume 538, Page 147 of the Deed Records of Harris County, Texas Together with Grantor's right, title and interest in all system memberships and/or ownership certificates in any non-municipal water and/or sewer systems serving said Property. (R&A) RA01 13857 - wdcorp.tx - Rev. 01/20/2006 Page 1 First Mortgagee and Subordinate Mortgagee have, at the special instance and request of Grantee, paid to Grantor a portion of the purchase price of the Property hereinabove described, as evidenced by the above described Notes, and thus a Vendor's Lien and Deed of Trust Lien against said Property securing the payment of each Note, are hereby assigned, transferred and delivered to each Mortgagee, to the extent of their respective advances, Grantor hereby conveying to said Mortgagees the said Superior Title to said Property, subrogating said Mortgagees to all the rights and remedies of Grantor in the Property by virtue of said liens. TO HAVE AND TO HOLD the above described Property, together with all and singular the rights and appurtenances thereunto in anywise belonging to said Grantee, Grantee's heirs and assigns, forever, AND Grantor does hereby bind Grantor, Grantor's successors and assigns, to WARRANT and FOREVER DEFEND all and singular the said Property unto said Grantee, Grantee's heirs and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. This conveyance is made subject to all and singular the restrictions, easements, exceptions, conditions and covenants, if any, applicable to and enforceable against the above-described Property as shown by the records of said County, as well as ad valorem taxes for current and subsequent years. But it is expressly agreed that the Vendor's Lien and Superior Title is retained in favor of the Payees of said Notes against the above-described property, premises and improvements, until said Notes and all interest thereon shall have been fully paid according to the terms thereof, when this Deed shall become absolute. When this Deed is executed by more than one person, or when the Grantee is more than one person, the instrument shall read as though pertinent verbs, nouns and pronouns were changed correspondingly, and when executed by or to a corporation, the words "heirs, executors and administrators" or "heirs and assigns" shall be construed to mean "successors and assigns". EXECUTED this P~~ day of V/V L_ ,~2UJG Seller: Sterlin es Cor or ' B Na e: Title: Date (R&A) RAOI 13857 - wdcorp.tx - Rev. 01/20/2006 Page 2 J ACKNOWLEDGMENT STATE OF TEXAS, / ✓ County ss: This instrument was acknowledged before me on this day of 6( -~7 In of Sterling Homes Corporation , o ~ if of said corporatio . Notary Public TGR 7CE AR AGUSA PUBLIC Printed Name of Notary Public F TEXAS S 05 16 2009 E p1 (R&A ) RA01 13857 - wdcorp.tx - Rev. 01/20/2006 Page 3 PROB-STFEL ASSOCIAT ES PROFESSIONAL- LAND SURVEYORS 21830 Kinds1and Blvd, Suite 106 Katy, Texas 77450 OEfioe (281) 829-0034 F.,(281)829-0233 WEST UNIVERSiTy PLACE S' Moulton U hUn SECOND ADDITION Z, 9 9 8: Power easement VOL.. 536, PG. 147 HCDR (Vol. arth and of 5' H. U 6 P. easement . (Vol. 4656 Pp, 526 HCDR(4a 65a 8 Pp 528 HCOR) Lot 3C" North 50.00' . ir49.9 No Iran rod fnd, or not No Iran rod (access denied) 9 q ,1)50.0 1 3)49.9 fnd or not 19 2)50.0 Ay (access denied) ' "Ind Boundary Line--~ ~ o r _0' wood fence ~ ~ ENCROACHMENT «Q } • ~y -y► - ri 2 _ fence - c 3 21 a 5' Utility saswnsnl 21.0 (Va- 920 Pp. 474 HCDR) is • T/C 49.65 (Vo1. 660 Pp. 157 HCDR) 0.2 FA 49.02 (Vol. 668 Pp. 279 HCOR) Lot A-1 A/C f (Vd..931 Pg. 291 HCDR) 4X • 50.55 2.0 123 T/G 50.00 3.0 g 050.1 V 1 • 2)49.9 0 1)50.36 6.0 3)50.0 ' ro 3 1` WEST UNIVERSITY PLACE Y 3)50.20 1 2 )50.23 10 SECOND ADDITION • VOL. 536, PG. 147 HCDR 123 1)49.8 0.2 2 Story 2)T/G 49.64 Stucco as 3)49.a 48.78. (a E r. Lot 4A i o FF 51.74 o Lot 3A ~y n ~9 V ~ ~ I CP 0 0 2 q WEST UNIVERSITY PLACE F•• SECOND ADDITION 1 3 + 4.7 p ~ VOL 538. PG 147 HCOR 13.2 si ov. 13.1 5.0 JO' Building Line 01 O 1)50.14' b 123 - (Vol. • ,.-.t 2)49.67 • • 1.,. 920 Pp. 474 HCOR) O s. 3)50.10 (Vol-, 931 Pp. 191 HCDR) O 1)49.6 a• 2)49,7 I' • 3)49.8. Fnd. 1/2- Fnd. 5/6- 1)49.30. 2~0 26 0 30.D F } Man Rod Iron Rod 2)49.13 M 1 3)49.23 SEE. NOTE M 50.00' Fnd. In* • (D Iron Rod kq!1 ,4' 2 9y , (t 3 1, Jab 64 ( 49.75' . 49.05 FndP Fn i 1 2• _i 50.00' c . • • . . Fnd. 1/2. PTP (S 0.077 (5 0 .07') nd. 1/2' Won Rod F::t. Sf6' 50.00' loon Rod •Iron Rod South (Foal 0.19 ) Rim 49.20' City of West University Place N A Neighborhood City ® Recycled Paper NOTICE OF ZONING BOARD OF ADJUSTMENT HEARING The Zoning Board of Adjustment ("ZBA") of the City of West University Place, Texas ("City") will hold a public hearing in the Bill Watson Conference Room of the Municipal Building, 3800 University Boulevard, City of West University Place, Texas 77005, during a meeting set to begin at 6:30 P.M. on November 20, 2008. The hearing maybe recessed and continued to a ZBA meeting set to begin at 6:30 P.m. on December 18, 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: 5708 Buffalo Speedway, West University Place, Texas 77005 Legal description of the site: Lot A-1, Block 1, Sterling Homes Addition replat 2005 {previously known as: The East One-Hundred (100) feet of the South half (1/2) of Lot Three (3), in Block sixty- nine (69), of West University Place Second Addition, an addition in Harris County, Texas according to the map or plat thereof recorded in Volume 538, Page 147 of the Deed Records of Harris County, Texas. } Docket No.: 08-08 Applicant: Matthew W. Roland Action Requested: Applicant requests a special exception as provided in Table 7-5a: Parking, driveways, etc., Note 7, Special Exceptions, Appendix A of the Code of Ordinances to allow a stub or dead end driveway in the front yard as an alternate design for maneuvering area. Applicable regulations include the City's Zoning Ordinance, Chapter 211 of the Texas Local Government Code and the rules of the ZBA. Additional details on such matters, as well as, the applicable regulations are available for public inspection in the Public Works Center, 3826 Amherst, West University Place, 77005. Any person interested in such matters should attend the hearings. If you plan to attend this public meeting ant/ you have a disability that requires special urrangenients at the nneeting, please contact the Planning & Development Assistant tit 713.662.5843 in advance of the iineeting. Reasonable accominodations will be inade to assist 'mur participation M the iiieeting. The 41it nicipul Building is wheel chair accessible from the west enirtmce and specially marked parking spaces ire avoilable in the southwest parking area. Signed: `Lr/~~ , for the ZBA L C ' Y Sallve A. Clark, l' arming Assistant. -~,;~t~ • jsOf>~~.~y.~l • 14_i 'ti71C.tiI ~~~1~~ t~Tl.~+'rC11` i~iJU]C`,;Lrj • ~f4!'Sl tii.;cl'11CV 7I1O5 ROWLAND MATTHEW W LANDMESSER LAWRENCE M & ANN M LUQUIRE PATRICK & CHRISTINA M 6326 BELMONT ST 5702 BUFFALO SPEEDWAY 5712 BUFFALO SPEEDWAY HOUSTON TX 77005-3402 HOUSTON TX 77005-2206 HOUSTON TX 77005-2206 RE: 5708 Buffalo Speedway DUONG ANH VAN EMBRY JAMES A III & JENNIFER A HOLZHAUER PAUL C JR 5716 BUFFALO SPEEDWAY 5720 BUFFALO SPEEDWAY 5724 BUFFALO SPEEDWAY HOUSTON TX 77005-2206 HOUSTON TX 77005-2206 HOUSTON TX 77005-2206 JACOBS MARK A & JULIE S ANDERSON MATTHEW L HANSEN TIMOTHY L 5622 BUFFALO SPEEDWAY 3132 ROBINHOOD ST 3131 ROBINHOOD ST HOUSTON TX 77005-2204 HOUSTON TX 77005-2346 HOUSTON TX 77005-2345 PERSOHN ANNETTE MCDONALD GEORGE E & MAUREENA T HAU THOI & VAN HAN NGUYEN 3129 ROBINHOOD ST 3210 ROBINHOOD ST 3209 ROBINHOOD ST HOUSTON TX 77005-2345 HOUSTON TX 77005-2224 HOUSTON TX 77005-2223 SCHEFFER & ASSOCIATES INC SAUER ELIZABETH A SAFI DEBORAH C & HAZIM J 6712 BROMPTON RD 3215 ROBINHOOD ST 3219 ROBINHOOD ST HOUSTON TX 77005-3908 HOUSTON TX 77005-2223 HOUSTON TX 77005-2223 Re:3214 ROBINHOOD JORDAN KATHERINE T MAYER JOHN STANDISH THOMAS R & JOYCE 3220 ROBINHOOD ST 3223 ROBINHOOD ST 3224 ROBINHOOD ST HOUSTON TX 77005-2224 HOUSTON TX 77005-2223 HOUSTON TX 77005-2224 COOPER DAVID & SALLY H MONTGOMERY JOHN N & ANN PERSOHN ANNETTE H 3132 TANGLEY RD 3214 TANGLEY RD 2726 CENTENARY ST HOUSTON TX 77005-2358 HOUSTON TX 77005-2244 HOUSTON TX 77005-3940 RE: 3220 TANGLEY ST ATKINS THOMAS H & BRENDA 3224 TANGLEY RD HOUSTON TX 77005-2244