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Home My WebLink About01212010 ZBA Agenda Item 2 ZBA AGENDA ITEM 2 City 1 West University Plam eTexas Memo To: Zoning Board of Adjustments From: Debbie Scarcella, City Planner Date: Januaryl.8, 2010 Re: Staff Report for Docket 2009-13 Applicant's Request The applicant in Docket 09-13, 3614 and 3620 Georgetown is requesting a special exception regarding Table 7-5a, entitled "Parking, driveways, etc." Table 7-5a establishes the driveway and parking configurations, including curb cuts and driveway design, in single-family districts. The applicant is requesting a special exception as authorized in Note 5 and Note 7 to Table 7-5a to allow an additional curb cut and stub or dead end driveway in the front yard. Background Information The applicant applied for a permit to perform various improvements to a lot acquired as a side yard. As part of the permit application, the applicant joined the two sites together and declared them a single building site for zoning purposes. (This is achieved through filing an affidavit signed by the property owner at time of permit application per Section 5 of the Zoning Ordinance.) This building site is one- hundred and fifty feet (150) wide and one-hundred and fifty feet (150) deep. The lot sits on the north side of Georgetown adjacent to the Poor Farm ditch right-of-way. During the plan review process, it was noted that the proposed driveway configuration did not meet the zoning regulations. The applicant's plans proposed to leave the curb cut located at 3614 Georgetown and filling in the driveway area with decomposed granite. The applicant was informed that this did not comply with the regulations and so the plans were altered in order to obtain a permit. Staff Response The applicant is seeking the special exception for an additional curb cut and for an alternate driveway design in order to keep an existing curb cut at 3614 Georgetown. Table 7-5a limits the maximum number of curb cuts to "one per subdivided lot abutting the street." In staffs interpretation of this regulation, once a property owner designates more than one lot as a building site, the building site is recognized as if it were a single platted lot. Only one curb cut would be allowed. Note 5 of Table 7- 5a authorizes the ZBA to issue special exceptions for additional curb cuts. The end of Note 5 specifically authorizes a second curb cut as authorized by another ordinance. Chapter 70 authorizes a second curb cut if the building is more than 60' wide in order to install a "circular" driveway. The applicant feels that by installing a "circular" drive, the existing trees would be affected, and the concept of open and green area would not be served. The applicant proposes, instead, authorization to 3614/3620 Georgetown Staff Report Page 1 leave the existing curb cut and authorize the decomposed granite dead end driveway in the front yard. (A dead end or stub driveway is only allowed on a site which fronts a major thoroughfare per Article 10 of the Zoning Ordinance. Additionally, per Table 7-5a, Note 6, a driveway must connect garage space directly to a street area.) Staff Recommendation Table 7-5a, Note 5 of the Zoning Ordinance gives the ZBA authority to grant a special exception for additional curb cuts. Note 7 give the ZBA authority to grant a special exception for a parking area or driveway in another location or with a different design than prescribed by the ordinance. In order to authorize either exception, the ZBA must find that the request is in hannony with the general purpose and intent of the Zoning Ordinance and that the request will not cause any significant increase in on- street parking or traffic, traffic congestion, or an unreasonable burden upon public utilities or services. Additionally, in order to authorize the special exception for the alternate design or location, the ZBA must find 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, or (ii) the alternate location or design will prevent the destruction of a qualified tree. The burden is on the applicant to present evidence to the Board to support each finding and determination required for the issuance of this special exception. If the Board grants the special exception, the Board can attach conditions. III 3614/3620 Georgetown Staff Report Page 2 City of West University Place APPLICATION TO THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS ("CITY") Address of site: 3614 and 3620 Georgetown St Houston, TX 77005 Legal description of the site: TR 5B Blk 63 TRS 4A & 4B Blk 63 West University Place Sec 2 West University Place Sec 2 Applicant: Reynaldo and Blanca G. Reza Address: 3620 Georgetown St, Houston, TX 77005 Contact: Reynaldo Reza Phone: 713-298-5299 FaX: I13-654-4484 Email: rrezalnearthlink. net 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: (x) Special Exception. • Exact zoninordinance section that authorizes the special exception: a. Table 7-5a, Note 5 (additional curb cut) b. Table 7-5a ,Note 7 (alternate parking area) • Exact wording of special exception requested: Request special exception to authorize additional curb cut and stub or dead-end dnvewav in front yard- ( ) Variance. • Exact zoning ordinance section from which a variance is requested: • Exact wording of variance requested: Other Data. Are there drawings or other data? ( )No (x)Yes(tist items here and attach them) 1. Narrative 2. Surveys 3. Proof of Ownership 4. Relevant Ordinance Attached. The applicant has read the Sta and City regulations attached. Signature of applicant: Aewal6& Date: //-;2 J L~ / I For Staff Use only Date filed: Date heard: ) NI Docket#: Jut Form ZBA-102 We request a special exception from Table 7-5a, Notes 5 and 7 that authorize additional curb cuts. We believe that our properties represent a unique situation and feel that a stub driveway will best suit the needs of the neighborhood by maintaining the existing trees in the area and improving traffic flow and access to the streets. We would like to keep two curb cuts and stub driveway intact for the following reasons: • Preserve the existing trees on the block • Improve traffic flow on the 3600 block of Georgetown • Allow greater access for vehicles, both safety and personal, to turnaround on a dead-end street 3614 and 3620 Georgetown - A Unique Situation • We own two properties with a combined width of 150 ft (3620 Georgetown is 100x150 ft, while 3614 Georgetown is 50x150 ft) • These lots are located next to the ditch and are on a dead end street. There is no access to these properties from the east and the only way to turn around is to enter a driveway as the streets are too narrow for vehicles to turn around. • As there a numerous trees on our properties, an adjoined driveway would be less than optimal as construction of the driveway would more than likely result in permanent damage to the trees and lead to their removal. • Thus, we think that the stub driveway and curb cut (Option #1 in the narrative) would be in the best interests of the neighborhood both from an environmental and safety aspect. View looking west at 3614 and 3620 Geor etown r r s ~ a . View looking east at 3614 and 3620 Georgetown t ~ f 4 K fj G .Sd - } 1 . 3 - L . ;t T Yft _ 1 _ 4 View of dead end on Geor etown yl µ l 1\ 8 _ 1 prr ~ ~ ~ jn iu}• rk ds. R 1 9 `J 4 'a ~"I1N ,~'f7`1 • _ .^-;max ~y " t y Views of Traffic Patterns at Various Times and Dates Normal Nei hborhood Traffic Normal Nei hborhood Traffic Normal Nei hborhood Traffic w r Gal T /'cal Traffic Flow Post 8:00 am T ical Traffic Flow Post 8:00 am T ical Traffic Flow Post 8:00 am t -T Fir- 1 i r LLk f i ~ l r ~i. Photograph of Option #1 s^E i 4. -3 We believe that Option #1 is the best option for the following reasons: • Least amount of damage to the existing trees • Use of black star gravel is less environmental intensive than pouring concrete to adjoin my driveways • Can be used as turnaround for dead-end street without impinging on neighbors driveways • Aesthetically, more pleasing than concrete. i f i I ,f. i ~ Y "tO y i ~ t• 1 e- -E~, L t~`Vkn <a-~ Option #2 is the least preferred and desirable option even though it complies with the ordinance. This option would require massive digging and concrete in order to complete the project. There is no guarantee that the trees would survive such a project. At a minimum, digging through the critical tree root zone would severely stress the trees and, quite possibly, permanently harm them. a Option #2 would require an P f. 7 adjoining driveway from 3614 Georgetown through the middle of the property of 3620 Georgetown. This would be a massive undertaking. At a minimum, the magnolia on 3614 Georgetown would have to come ► down. Creating a 10 ft wide `+aa driveway between the three live oaks on 3614 and 3620 Georgetown would b e a massive undertaking. "~5r t~• x~t,..q, . t- - r. t€ t s fb: t ` cc :t y ya~z I j, y r r r. lac y L' Y ` T 6 T _ mr _ This option could damage all r five trees in the front yards of the two properties, which could result in tree death. Thus, we don't think this would be the best option for the properties. s 5 ~iY i ! I~ IM 1. 3 GF NO. 08055794 HOUSTON TITLE Q o r I Q(0) T L E G E N D , ADDRESS: HOUSTON, T E 6• SEMFRACE B WAIERWQRKS EXAS 77005 EASEMENT 'BM' 1°"^'A'~'P1 eaLCxr ELA'QK BORROWER: REYNALDO REZA AND RNM' ROD Vq. 688. PC. 1>9. H.C.D.R. Go.R. L'FlVrmuNE a RGID BLANCA G. REZA -AT ~ 5 BO'OS' W IRON ROD (GM) LUYlFYX. Wow/MFN! 0.965 J EAST ,1~ 50.00' SO.B~ R.O.W. RKi/I-OF-WAY - P I H.L. NATURY CRWND n MG 5 EA MEN! wl. LOE ,E rn TOPOGRAPHIC SURVEY.- SD.B CU,. p//IER e" oa IMLEr ELEV.-50.85 (nc.Gf. NO. R74 ran) p,D. 5' R~ LL 680. PG /57. NCD.R. THE WEST 50 FEET OF LOT 5 e.a.c. aACEr LE- cuRB S I" PLG f.L.=50.11 6 ~OL4t- ~ L ~ IJ>l F.L fLOW [HIE BLOCK 63 J' BUHpNC UNE (NC.~GF. N0, a7Ai sn)~ (MGG, n. aNi r57J) BENCrI MAR1r I (Nc.c.1 HO. -1511) MG • PRQRRII' CORNER !V NX Sp SO.fl X50.7 M.C. 6" 0K Wl£I ELEV.=50.64 ® ,,,N,,, WEST UNIVERSITY PLACE, SECOND ADDITION G TO.B. 60.9 S RC: F.L.=30.06 50.9 50.96 N. PK: £.L=50.06 ~1-- 11CL1O FENCE 6' OLl RHET ELEV.=50.80 0 -P- OYEMIEIO POWER LING G PK: F°'3°.11 L 1 O p FoxER POLE ACCORDING TO THE MAP OR PLAT THEREOF RECORDED N. 4 PLC` .L-30.11 65OL1 INLET ELEY=sG66 I IN VOLUME 538, PAGE 147 OF THE DEED RECORDS PM: FL=50.08 i.O.fl IOP OF g@CI! ALERS OF HARRIS COUNTY, TEXAS Lxa OL I/ETER EO.B WOL10 FENCE 30.9J H.C. r0. 5 . N.G 3Q8 50.9J S0A G 1.OX X W'Z . $ REYNA(00 REZI RM NO. OIOA/iNMISBASED IN fLCOLVWN REFiR£I.CE~ 010115 AND BWNA G REG 6. OLA /NlE, ELEV.=50.50 MIE: ALL ELEYATgNS ARE YFASf/RED IN fFF! . (1-1 W. 1Ltl80600085) I $ S.W. I-PM; F.L=49.9T 6' DLl INLET EIEY.=30.6J (VAGVA, .0 NOTE. WY L[' SIWECr TO L)EED RESrRKTKWlS AND/ClE 5. I" RC: F.L~50.05 NG '0.c. AOgIq,Wt GOLERNMENTAL BU" REOUIREMEMS. Jr~ 9B t .9' 0.1' UX~ NO/E: OPEN SPACE-ANY SPACE ON RIE LOT M1iK'H 6 UNOCCUPIED ET fVY H.C. N'G' (H.C.G£. N0. X>4I65J) ANY SIAWCR/RE UAVBSlRIMlED AM OPEN )0 RiE SKY. O 50.1 30.3 MOLE' IHE f .7tiWi YIRO 5iV[L BEAM/N/MUM OF IWENIY-FNE PE/1CENI (TS.i) ® X OPEN SPACE AS PER H.C.C.£ MJ. R741573. I'll b6 EK))E: SAMIARY SEWER FASEMEM OF UHSPEC81m WN)TH KONG THE RE44 PRG°E1PIY UHE AS SHOWN CN THE PUBLC WORKS MIPS Of 1FIE CRY OF 1. ~j ~ Y WFS/ UNNSfA511Y PUGS LSOU 4 a CONCRETE SUB * Wit:: Gam'! HG G 30.8 ,"LyQ' I.O.C. ' 1.5' X79' 5062 e a k'. 5D.7o _ z ~ y F 7 u • Jo' fRavr rasp ~ w F; IRON FENCE NG .O6X JSB' S0'I ~Z3Q _ h T 30.6 R MIS PROPERLY GEES NOi l/E WRHIN THE ~ ~ $ 100 YEVI FLOf10 PWN AS PER FlRM ELEV. 50.E PIPE Lj IIAP REV IS 06/C I8/T007 IRON ROD ZONE X (5{4OE0J ..8 FWAq AT ¢ -ONLY N -'E ,wccuRAaES o£ FE}M MAYS PREVnvr EXACT 100.00' SET ROD MG NG O.B1' OEIERMIlNRON NlR101R DElAILEO FlEtp SNOY. N. C. .B 19.1 9.] 50.00' SD.CO• X 49.81 WES! Xi9 )J 50.00 Xa IRON R00 IRON ROD IRGN ROp A 60850 ACE INVESRGIIK)N 9.15 ~ FWND WAS BEYAVD 1HE SCOPE OF m6 SURLEY c.M) S N ElEY.=1Z59E 4. WA1ER ~.G. CONC. 49.1 E 4' CWC. PIPE; FL-41.59 E6 49.8 MEIFF 9'S DANE W. GONG FP[ F.L=41.39 RECORD E'FARMG LDL .SR). PG. II>, H.L.OR. DRAWN 6Y BR/✓B 66 W B.O.C. 484 4flJ .0.C. 48.16 181 48.16 IB.J B.O.C. IB.JI 5 f7'~ ~61 4-5 WT. GUI. / HEREBY CER//EY PMT TH5 SUR7E1' WLS MADE iL 47.88 47,81 REP ESEN-Mf F~iF-D AT my R O C ; '79 60.00' ENCRO ~ICHU~ MPA~ ~ ]ME NO. flu. 5 X X X X IXCEPT AS SHOWN MEREDN. M5 SURVEY 5 4276 47- C.O.R. LUI IN B.O.C. C.O.R. GO.R, CERRFlED fDR IH5 1%NSACTION QVLY AHD >78 1.81 47,4 ELEV.=4B.JI 4197 b.OJ ABSiA CRNC FRONDED IN !HE ABOVE GEORGETOWN STREET R ER N D RRE OMMRM N WA9 RE EB ; UPOf/ IN PREPAPATKW OF THIS SURVEY. SWRMY SEiLER ELANHIXE rPLAl,ED AS CUMBERLAND 67REET) EDILBERrO V. BARR/ENlD$ 5364 PROfESSIONLL (AND SpRVEI'OR RAV ELEV.=47.51 (60' R.O.W.) IRON ROD NO. SJ64 "YO ~ SS ~a ~O E 1' RC; F.L=4l..IT EtR/ND JOB NO. 09-OBHO W. F.L-U.J1 JULY " 16109 SU RENSED: AUGUST 10, 2(k)9 14 • 110usTONT►TLE PRECISION SURVEYORS, INC. -600-u"°5°"VE 261-496-1566 0 # p'- COMPANY 1-800-526-3787 FAX 281-496-1867 t PAMLONGLY 14913 Anarav. pRAE sIX]c erm nnLb-rox rcwas Tron a _J- 713-626-9220 s P O. BOA 9hiWi,e 4 4S. t'i 4t ~ t,SR€9 tl„d 4t)A. fFS.4♦ t 5 I'+u,,e six i I ~ ~ ? v~ 1 f~'..~ * F i f rf 5 ~ I ' ~-I i~` i 75Z 3 ,i ~ t t r x 2 7 J epic' ,I ~ r r g l $R. I r-1 ,t s tcrttfp fbaf. toe at)n)^e ptai is a true tcptesenlation 4a sut ae. maul, ,It the ground undo mN super) t.u,n ut t Lot Block f in I ( ¢,..)°ctea! to l at, 4'a>;,c i of the }7ecurdt at I cxas and r)ut otthe Sttr4ey :lb-tract No. Ir 44 Owners r ~ V if V Gin 5 Date a ` FPS ki Heamig ketcrence _ ti't sk_ 1 ~ Scale Job No. v k I his Ptliperii is lrtea red tit tte)nd tni France rate lnnp Zone a< per mal' ~c~„x NO'T'ICE OF CONFIDENTIALITY RIGHTS; IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTI' BEFORE IT IS FII.ED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR N Ot."R DRIVER'S LICENSE NUMBER. GEN`ERAL WARRANTY DEED I-HE STA'T'E OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: (:OtTNTY OF HARRIS § i i1AT, PATRICK H. JAMES, appearing herein by and through his duly authorized and appotntcd Attorney-in-Fact, Edith Keating James (also knortin as Mary Edith James) and wife, MARY EDITH JAMES (hereinafter called "Grantor", whether one or more), for and in consideration of the sum of TEN AND 00/100th DOLLARS ($10.00) cash and other good and valuable consideration in hand paid by REVNALDO REZA and BLANCA G. REZA (hereinafter called "Grantee", whether one or more), whose address for mailing purposes is hereinafter set forth, the receipt and sufficiency of which are hereby acknowledged and confessed, has granted. sold and conveyed, and by these presents does grant, sell and convey, unto Grantee all that certain lot, tract or parcel of land, together with all improvements thereon. described as follows: .Hie Nest fifty ('50) feet of Lot Five (5), in Block Sixty-three (63), of WEST i `NIVERSITY PLACE, SECOND ADDITION, a subdivision 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. This conveyance is made and accepted expressly subject to all restrictions, covenants, conditions, c er r.*,w. agreements.. assessments, maintenance charges, leases; grants or reservations, previously ,.onveyed or reserved mineral and royalty interests, and other matters affecting title, if any, shown of record in the hereinabove mentioned County and State as of the date hereof, and is further made subject to all zoning laws, regulations and ordinances of municipal and other governmental authorities, if any, but utt1ti to the extent they are still in effect and relate to the hereinabove described property. To have and to hold the above described property, together with all and singular the rights and jl;l>nrreraances thereto in anywise belonging unto Grantee, Grantee's heirs; legal and personal representatives and assigns forever; and Grantor does hereby bind Grantor, Grantor's heirs, legal representatives, successors and assigns, to warrant and forever defend, all and singular, the said property unto Grantee, Grantee's heirs, legal and personal representatives and assigns, against every person horn oc. er lawfully claiming, or to claim the same, or any part thereof. L-, ecuted to be ettective as of the Yt`dzv of Docemben 200s . Patrick H. James by his ~ttorncv in Fact, Fdf>h Keating James (a/k/a Mary Edith James) J Marv di"E th James -«^L. GF# A.TTN- 1-11F S`I ATE OF TEXAS 5 COUNTY OF HARRIS § The toregoing instrument was acknowledged before me on the day of December, b% Edith kcatlr Jaane~ (a 1,,i N'I n Td:t l James) as Atto*ey in Faq for Patrick H. James. NOTARY PUBLIC IN AND FOR THE S I'ATE OF TEXAS T HF., STATE OF TEXAS COUNTY OF HARRIS 'r,e foregoing instrument was acknowledged before me on the i day of December, 2-008, by Marv Edith James. r r NOTARY PUBLIC rNr . ND FOR sr.r= r rEx_ to .i NT' OF H KRIS O ..ICV .rti,.:~r~.-srsC, .ter"r5 I`:fek!+:nxi ?r:.-n',a v'C+e h't N<a'.'e T? _ - e ,<,z rn C :0 DEC 15 2008 y HARRIS rw ~•:1`'. ~ low, `N'WI Wu*1 MUi1 t41=W41pd, u, r! id;u liL'W W6 UxWU""U$ GF No. 08055794 General Warranty Deed _ Page 2 of 2 lr - ' JJ 2. GENERAL WARRANTY DEED WITH VEND LIEN +i0 201403109 U784697 $14.E THE STATE 0-' E;k:AS KNOW ALL PERSONS BY THESE PRESENTS: COUNTY OF HARRIS That TOM C. GILLAN, GRETA GILLAN HENDERSON and CHARLES A. GILLAN, JR. (hereinafter referred to as "Grantor", whether one or more). for and in consideration of the sum of TEN AND NO1100 DOLLARS ($10.00) and other good and valuable consideration to Grantor paid by REYNALDO REZA and BLANCA G. REZA whose mailing address is 3521 PLUMB ST., HOUSTON, TEXAS 77005 (hereinafter referred to as "Grantee", whether one or more), the receipt and sufficiency of which are hereby acknowledged, and the further consideration of a sum of money in the amount of SIX HUNDRED FORTY-EIGHT THOUSAND DOLLARS AND NO CENTS ($648,000.00) paid to Grantor by THE CHASE MANHATTAN BANK (hereinafter referred to as "Beneficiary"), at the instance and request of Grantee, the receipt of which is hereby acknowledged and confessed, as evidence of which Grantee has executed and delivered: (i) one certain first lien promissory note (hereinafter referred to as "Note No. 1") of even date herewith in the original principal sum of FIVE HUNDRED SEVENTY-SIX THOUSAND DOLLARS AND NO CENTS ($576,000.00), payable to the order of Beneficiary, the payment of Note No. 1 secured by that certain first lien Deed of Trust (hereinafter referred to as "Deed of Trust No 1") to DAVID L. MENDEZ, Trustee, of even date herewith covering the Property (as hereinafter defined), and by the Vendor's First Lien herein retained, and by (ii) one certain second lien promissory note (hereinafter referred to as "Note No 2" of even date herewith in the original principal sum SEVENTY TWO THOUSAND DOLLARS AND NO CENTS ($72,000.00), payable to the order of Beneficiary, the payment of Note No. 2 secured by that certain second lien Deed of Trust (hereinafter referred to as "Deed of Trust No. 2") to DAVID L. MENDEZ, Trustee, of even date herewith covering the Property (as hereinafter defined), and by the Vendor's Second Lien herein retained, has GRANTED, BARGAINED, SOLD and CONVEYED and by these presents does GRANT, BARGAIN, SELL and CONVEY unto C;rantF,e this tract or oa-cei of lanc it HARRIS ~ Tex_s, mc-e ~ a i~:,lar!,~ desc-fined as fofows- L.OT FOUR (4) IN BLOCK SIXTY-THREE (63) 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 ;herein,)fter referred to as "Property"). I 1 conveyance is made by Grantor and accepted by Grantee subject to all and singular mstru,tions. mineral reservations, royalties, conditions, easements, and covenants, if any, but only to the f;,x?ent thnt the same are currently valid and enforceable against the Property. TO HAVE AND TO HOLD the Property, subject to the matters herein set forth, together with all wid singular the rights and appurtenances thereto in anywise belonging, unto Grantee, his heirs, executors and administrators forever, and Grantor does hereby bind himself, his heirs, executors and administrators, to WARRANT AND FOREVER DEFEND all and singular the Property unto Grantee, his heirs, executors and administrators, against every person whomsoever lawfully claiming or to claim the same or any part thereof. But it is expressly agreed and stipulated that the Vendor's First Lien and Vendor's Second Lien as well as Superior Title in and to the Property are hereby retained until Note No. 1 and Note No. 2, respectively, and all amounts due thereunder and under Deed of Trust No. 1 and Deed of Trust No. 2, respectively, are fully paid according to the face, tenor, effect and reading thereof, at which time this General Warranty Deed shall become absolute. Said Vendor's First Lien, Vendor's Second Lien, and Superior Title herein retained are hereby transferred, assigned, sold and conveyed without recourse to Beneficiary, its successors and assigns, the payee named in Note No. 1 and Note No. 2. C t' :403755000001 1louston 11 X947.1 121W-0:11 35AM documr.tpl F\.1 taxes assessed against the Property for the year 2001 have been prorated between the sr'!fs rric Grantee hereby assumes and agrees to pay such taxes in full. EXECl_I 11---n 'his daa ` 7)ece the . ?f'100. RAN TOR: TOM C. GILLAN GRETA GILLAN HENDERSON BY AND THROUGH HER AGENT AND ATTORNEY-IN-FACT, CHARLES A. GILLAN JR CHARLES A. GILLAN, JR. STA I -F OF TEXAS i_ nUNTY OF HARRIS BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day " rally appeared TOM C. GILLAN known to me to be the person whose name is subscribed to the c: rc Q~ rlq instrument, and acknowledged to me that he/she executed the same for the purposes and cc)nsideration therein expressed. t,_,IVEN UNDER MY HAND AND SEAL OF OFFICE, this i L day of December, 2000. Notary Public.! tate of TEXAS STATE OF TEXAS COUNTY OF HARRIS BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared GRETA GILLAN HENDERSON, BY AND THROUGH HER ATTORNEY IN FACT, CHARLES A. GILLAN, JR., known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this.- day of December, 2000, Notary Public, State of TEXAS 9Q??$e i?flgll(}I 11rnx,rmi 1 i$~dq' j ~'(1`. 1 Uf ?;;Ah.i doeuror t, -J STATF )F' T-hAS COUNTY 0F HARRIS BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared CHARLES A. GILLAN, JR. known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed. GIVEN UNDE7 klY HAr~'iD AND) SEAL OF CI~FICE, this day of December, 2000. 6 i 171~1b'.ic. State of TEXAS AFTER RECORDING RF" URN 10: 5k TEXAS I, ~ P tin g44Ft1 . nr. ai Ask ~N' a"At'.im. 1r ,w,eM'c•Mt mityi S~ : rRf RK v 'e aar~ n TOO is. t J ~U ~v :-xas in tire: r- 103755000001 H~WaIOn IIROt''.I 120°0.10!07ANI docucor.tpl III § 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- cial Rules: (1) See special rules noted in table. (3) See Article 9 re- Table 7-5a: garding Planned Development Districts. (3) See Note 7 regarding Parking, driveways, etc. special exceptions. (4) See Article 10. GR-Z GR-2 C Item Regulation 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 title 10 (including maneuvering areas, design requirements, "same Other regulations apply; see, site" rule, yards, street areas, loading spaces, etc.). e.g. Article 10 Maneuvering areas See Article 10. Grouping or sharing. Not allowed, except in a QMDS platted parking reserve serving two or more DU's. But see Note 2. Use of parking areas Parking spaces for non-SFD uses may only be used for motor vehicle parking. See Note 3. Emergency accessway Minimum width. See Note 1. 20 ft, via public or private street, to each principal building and each DU (or to an adjacent open area accessible to firefighters and equipment). Other regulations also apply, e.g, fire code. Driveways and private Minimum width. See Note 1. For SFD use: nine ft. streets For non-SFD residential use: 10 feet, or W feet if two-way and serv- Other regulations apply; see, ing three or more DU's. e.g. Article 10. Maximum width (in front For SFD use: (i) Driveway serving any single-bay garage: 12 feet. (ii) yard or street area) Driveway in a front yard serving rear garage or side-facing garage: See Note 1. 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 all other uses: 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. qft Route, location M See Note 6. N/A Spacing For non-SFD uses: There must be at least 40 feet between the "in- side" apron edges (at their narrowest points) of driveways serving the same building site. Pavement Required type For SFD use: Hard-surfaced or pervious pavement required for each See Note 4. required driveway and parking space; twin "ribbons" of pavement are permitted. For all other uses: Reinforced concrete, with curbs and drains required for all vehicular areas. Exceptions: (i) See Table 7-3 (pervious pavement) and Note 4, below. (ii) See Article 10 re- garding "overhang." Markings; wheel stops. Required type For non-SFD uses: Parking spaces must be clearly marked on the pavement, and wheel stops are required. See Note 12. 4MENWRIM ur C U Number For SFD use Maximum one subdivided lot abutting the st Other regulations apply, For non-SFD en o r-TrrepT i a .see, e.g. Article 10.lp 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 directly abuts the building site(s) served. See Note 1. Visibility triangles Forbidden structures, plants The following are forbidden on parts of a building site within a visi- See definitions in Article 2 and other things bility triangle: structures, plants or other things taller than 2.0 ft. or shorter than 8.0 ft. This does not require removal of trees in ex- istence on July 1, 1992, if kept pruned. Stipp. No. 6 CDA:40 § 7-101 WEST UNIVERSITY PLACE MUNICIPAL CODE Note 1. Width measurement methods. Minimum driveway width refers to unobstructed vehicular access path and, for non-SFD use, 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 C equal or better durability. Note 5. Curb cuts. The ZBA may issue a special exception for additional curb cuts. Circular driveways specifically allowed by another ordinance are not prohibited. Note 6. Route; Alternating Driveways. Each driveway must connect garage space to the street by the most direct route. On narrow sites where alternate side yard areas apply (see "Yards" table), the following special restrictions also apply: (A) there must be a driveway located as nearly as practicable to one side of the site; (B) the side is determined in accordance with the established driveway pattern for the block face in question, if there is such a pattern; and (C) if there is no such pattern, and if there is an adjacent driveway on one adjoining building site but not the other, the driveway must be on the side farthest from the adjoining driveway. Exceptions: W this paragraph does not prohibit circular driveways specifically permitted under another ordinance of the City, and (ii) a driveway may be curved or moved away from the most direct route to the extent reasonably necessary to avoid destroying or seriously injuring a tree. Note 7. Special Exceptions. The ZBA may issue a special exception for a parking area, garage or driveway (or other maneuvering area) in another location or with a different design than prescribed by this ordinance, if it finds that: W 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-THI. W If a building site abuts both Bellaire Boulevard and another street, then all vehicular access shall be from the other street, and no more than two curb cuts shall be allowed. However, in the case of the development of Lots 6, 7, 8, 9 and the east ten feet of Lot 10, Block 1, Kent Place Addition, if Lot 6 is included in the same building site or in a joint development with the other lots, vehicular access shall be limited to one curb cut on Mercer Street. (ii) If a building site abuts only Bellaire Boulevard, vehicular access shall be limited to two curb cuts. Note 9. Curb Cuts in PDD-TH5. (i) If a building site abuts both Academy and Bissonnet, no curb cuts on Bissonnet and no more than two curb cuts on Academy are permitted. (ii) If a building site abuts only Bissonnet, there may be no more than two curb cuts. Note 10. Driveways in PDD-TH7. Cul-de-sac driveways in PDD-TH7 may not exceed 50 feet in length, or 200 feet if a terminus is provided with dimensions adequate for turning. Note 11. Curb Cuts in PDD-TH2. (i) If a building site abuts both Kirby Drive and another street, there may be one curb cut on Kirby Drive and on each other abutting street. (ii) If a building site abuts only Kirby Drive, vehicular access shall be limited to two curb cuts. Note 12. Curbs as Wheel Stops. Curbs may be used as wheel stops. Area outside a curb-wheel stop counts toward minimum parking space dimensions if actually usable as "overhang" and not needed for maneuvering area. Supp. No. 6 CDA:42 APPENDIX A-ZONING ORDINANCE § 10-103 , "Parking Class A" standards in Table 14-6 would apply. Where this Ordinance provides specific numerical criteria different from the same criteria in the Traffic Engineering Handbook, this Ordinance controls. (e) Other criteria. See Article 7 for additional criteria, including driveway, parking and garage regulations. (Ord. No. 1878, § 1(ex. A), 8-25-2008) Section 10-103. Location of parking spaces. (a) Same Site Rule. All parking spaces required by this ordinance must be located on the same building site with the building space served. Exception: the required spaces may be located up to 300 feet from the entrance of a building served (and may be outside the City limits) for: (i) parking for building sites not used primarily for residential purposes where an increase in the number of spaces is required by a change or enlargement of use, (ii) spaces allowed by this Ordinance to be used jointly for two or more uses or types of space, or (iii) a community center, library, school, place of worship, museum or similar institution with mixed uses and types of space served by common parking spaces. r( ( (b) Yards and street areas. 1) In an SF district, all parking areas and maneuvering areas (including dead-end or stub driveways) must be behind the principal building or sur- rounded by opaque fences or walls at least six feet tall, and all such areas are prohibited in front yards. Exception: On a building site accessible only from a roadway marked for four lanes or more, there may be a driveway stub, if it meets all the following criteria: (i) The stub must be designed to allow vehicles on a driveway to turn around and enter the roadway headfirst; (ii) The width of the stub may not exceed nine feet (plus up to two feet on each side for aprons); (iii) The length of the stub, when added to the width of the driveway, may not exceed 24 feet (but if the site width is 60 feet or more, the length of the stub may be up to 18 feet, in addition to the actual width of the driveway); (iv) The stub must be pervious pavement; (v) Aprons may not be larger than two feet in any dimension; (vi) No part of the stub or its aprons may be closer than two feet to any property line or public sidewalk; and (vii) The stub may be located in the front yard only to the extent that existing structures or obstructions make another location impractical. (2) In a non-SF district, no required parking space may be: (i) Closer than 10 feet to a street area, except an alley; or (ii) Farther than 500 feet (driving distance) from a street area. Stipp. No. 7 CDA:63 City of West University Place A Neighborhood City ® Recycled Paper NOTICE OF ZONING BOARD OF ADJUSTMENT HEARING The Zoning Board of Adjustment ("ZBA") of the City of West University Place, Texas ("City") will hold a public hearing in Bill Watson Conference Room of the Municipal Building, 3800 University Boulevard, City of West University Place, Texas 77005, during a meeting set to begin at 6:30 P.m. on January 21, 2010. The hearing may be recessed and continued to a ZBA meeting set to begin at 6:30 P.m. on February18, 2010. 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: 3614 and 3620 Georgetown, West University Place, Texas 77005 Legal description of the site: The West Fifty (50) feet of Lot Five (5), in block Sixty three (63) of West University Place Second Addition, a subdivision 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 . Lot Four (4), in Block Sixty Three (63) of West University Place Second Addition, an addition in Harris County, Texas, according to the map or plat thereof recorded in Volume 538, Page 147, of the Deed Records of Harris County, Texas. Docket No.: 2009-13 Applicant: Reynaldo and Blanca G. Reza Action Requested: Applicant requests a Special Exception to allow an additional curb cut and stub or dead-end driveway in front yard. Applicable regulations include the City's Zoning Ordinance, Chapter 211 of the Texas Local Government Code and the rules of the ZBA. Additional details on such matters, as well as, the applicable regulations are available for public inspection in the Public Works Center, 3826 Amherst, West University Place, 77005. Any person interested in such matters should attend the hearings. If you plan to attend this public meeting and you have a disability that requires special arrangements at the meeting, please contact the Planning & Development Assistant at 713.662.5843 in advance of the meeting. Reasonable accommodations will be made to assist your participation in the meeting. The Municipal Building is wheel chair accessible from the west entrance and specially marked parking spaces are available in the southwest parking area. Signed: for the ZBA 1-8-2010. Sallye A. Wl k, Planning Assistant. 0 3800 University Boulevard 9 West University Place, Texas 77005-2899 • 713.66894441 • www.westu.org REZA REYNALDO & BLANCA G SHU TUNG WILLIS DAVID P 3620 GEORGETOWN ST TAI PEI-CHING 3611 GEORGETOWN ST HOUSTON TX 77005-2913 3610 GEORGETOWN ST HOUSTON TX 77005 Re: 3620& 3614 Georgetown HOUSTON TX 77005-2913 RHODES EDITH ESTATE OF % EST OF ROBERT D RHODES WILLIS DAVID P & CAROL WEEKS BEVERLY 4505 MAGNOLIA ST 3605 GEORGETOWN ST 3602 GEORGETOWN ST BELLAIRE TX 77401-4230 HOUSTON TX 77005-2913 HOUSTON TX 77005-2913 RE: 3606 Georgetown NISHI MASAO & WENDY BRACHT GERALD L SMITH STAN L & VANESSA 3619 GEORGETOWN ST 3615 GEORGETOWN ST 3702 GEORGETOWN ST HOUSTON TX 77005-2913 HOUSTON TX 77005-2913 HOUSTON TX 77005-2822 HINCKLEY WILLIAM R WHITMER ARTHUR DUDEK RICHARD E & JANE C 2370 RICE BLVD STE 200 3709 PLUMB ST 3705 PLUMB ST HOUSTON TX 77005-2644 HOUSTON TX 77005-2809 HOUSTON TX 77005-2809 RE: 3710 Georgetown RAU RAMA & GEETHA DUDEK RICHARD E PROSSER REX 3706 PLUMB ST 3701 PLUMB ST PO BOX 4490 HOUSTON TX 77005-2810 HOUSTON TX 77005-2809 HOUSTON TX 77210-4490 Re:3704 Plumb ZIVLEY BRUCE & JILL HANKAMER RICHARD A BERRY JAMES E & JANIS 3619 PLUMB ST 3613 PLUMB ST 3609 PLUMB ST HOUSTON TX 77005-2929 HOUSTON TX 77005-2929 HOUSTON TX 77005-2929 MAX & SHAN YANG FAMILY LTD PARTNERSHIP HECKER JAMES A & ANNETTE F SIEBER JOHN H 2208 ROBINHOOD ST 3601 PLUMB ST 3621 GEORGETOWN ST HOUSTON TX 77005-2604 HOUSTON TX 77005-2929 HOUSTON TX 77005-2913 Re: 3605 Plumb Street