Loading...
HomeMy WebLinkAbout06202013 ZBA DKT 2013-04City of West University Place APPLICATION TO THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS ( "CITY ") Address of site: !� Z 5"8' Jvu7-k JZfA scw p vs7-6, -77005 Legal description of the site: Lv 1-5 F If 9 COL",--G6 CO ukl' 14-A"CAF Applicant: 82 i A-�j A t' gvc -r%T Address: // / l /1% 1- c0 P U19-' #Pt 0 ( Haas 77AJ � 11-r 7 7 0 0g Contact: T 3 y 5-7 -7 7 97 Phone: Fax: 713 G G3 ?g J_9 Email: d Piro a / 4 �a 4 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: Variance. � A fi / • Exact zoning ordinance section from which a variance is requested: 5ec{7 -4 5-102 a A- a` S c a h �M c k f(6) • Exact wording of variance requested: I /Vok /. 67e-Pe S -) �'SbO sy A Eicccpfioh Sfvr/-vve- ^A"l tic (0c4l-cd. . or e- but(o%hy -oas ,MPrtwod 1,11Ft Rp ' Fjv,Idiity /n PXfr%edc6 on A£ Other Data. Are there drawings or other data? ( )No 7es(list items here and attach th m) /a.-) c* ve ol4� ... C� tvr� s� ✓k!rante c�/,�J�rCa�t�n Fccf�o%�rA.f'Qarli (Z) i' "r� � D�,n'ICrship (deed l ('f(, / ) A#?n 4aMhvc Q/ ��c� ,rovrd ,, dcn4M ces (P) trxacF wufetr^/ of Vandmee, /�fvef¢cd_ (7) cm,7 ?4'�e ZlaayS Oki M4.r, Cg� HC/lp /� (r7'J sun (hC/�� �r c°xrs�i�9 f a -c•> Attached. The applicant has read S to ions attached. Signature of applicant: Date: S 3 r 4.41 (06t LrL-,T7' For Staff Use only Date filed: Date heard: Docket #:J o) -6 Form ZBA -102 Axef X47 _ "_ f�ffzcGMekf (�i flffi, � (tit* iwt (2, lC�)) NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY 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. GENERAL WARRANTY DEED WITH VENDOR'S LIEN THE STATE OF TEXAS That SANDRA BLAKEWAY MASSEY, AS INDEPENDENT EXECUTRIX OF THE ESTATE OF CHESTER EDGAR BLAKEWAY, DECEASED, AND AS INDEPENDENT EXECUTRIX OF THE ESTATE OF MARIE SLAVENS BLAKEWAY A/K/A EUNICE M. BLAKEWAY, DECEASED, hereinafter called "Grantor" (whether one or more), for and in consideration of the sum of TEN AND NO 1100 DOLLARS ($10.00), and other good and valuable consideration to Grantor cash in hand paid the receipt of which is hereby acknowledged and confessed, by BRIAN A. PRUETT, AN UNMARRIED PERSON, hereinafter called "Grantee" (whether one or more), whose mailing address is 2900 N. Loop West #830, Houston, Texas 77092, and with the further consideration paid to Grantor cash in hand by THE ESTATE OF CHESTER EDGAR BLAKEWAY, DECEASED, hereinafter called the "Mortgagee ", at the request of and as a loan to Grantee, which sum is evidenced by Grantee's execution and delivery of that one certain promissory note of even date in the original principal amount of $350,000.00 payable to the order of Mortgagee, (hereinafter called the "Note "), has GRANTED, SOLD and CONVEYED, and by these presents does GRANT, SELL and CONVEY unto the said Grantee the following described tract of land, together with all improvements thereon, lying and being situated in HARRIS County, Texas, to -wit: Lots Eight (8) and Nine (9), in Block Four (4), of COLLEGE COURT PLACE, an addition to the City of West University Place, a municipality adjacent to the City of Houston, in Harris County, Texas, according to the map or plat thereof recorded in Volume 7, Page 7, of the map records of Harris County, Texas. -1- The payment of said Note is secured by the hereinafter retained vendor's lien and additionally secured by a Deed of Trust of even date to J. PAUL CAVER, TRUSTEE, for the benefit of said Mortgagee. This conveyance is made and accepted subject to the following: all presently recorded instruments that affect the Property; taxes for the current and all subsequent years; and subsequent assessments for that and prior years due to change in land usage, ownership, or both, the payment of which Grantee assumes. But it is expressly agreed that the vendor's lien and superior title are retained against the property, premises and improvements in favor of said Mortgagee until the Note, and all interest thereon, is Rilly paid according to its face, tenor, effect and reading, when this deed shall become absolute. TO HAVE AND TO HOLD the above described premises, together with all and singular the rights, hereditaments and appurtenances thereto in anywise belonging, unto the Grantee, Grantee's successors and assigns forever, and Grantor does hereby bind Grantor, Grantor's successors and assigns, to warrant and forever defend all and singular, the said premises unto the said Grantee, Grantee's successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof except as to the reservations from and exceptions to warranty. Taxes for the current year have been prorated between Grantor and Grantee. In consideration of Mortgagee's payment of a portion of the consideration, Grantor hereby ASSIGNS, TRANSFERS and CONVEYS the vendor's lien to Mortgagee, without recourse on Grantor. -2- EXECUTED on this the 1 st day of July, 2010 SANDRA BLAKEWAY r $ =EY51=11T EX� F THE ESTATE OF CHESTER EDGAR BLAKEWAY, DECEASED, AND AS INDEPENDENT EXECUTRIX OF THE ESTATE OF MARIE SLAVENS BLAKEWAY A/K/A EUNICE M. BLAKEWAY, DECEASED STATE OF TEXAS COUNTY OF HARRIS This instrument was acknowledged before me on the 1 st day of July, 2010, by SANDRA BLAKEWAY MASSEY, AS INDEPENDENT EXECUTRIX OF THE ESTATE OF CHESTER EDGAR BLAKEWAY, DECEASED, AND AS INDEPENDENT EXECUTRIX OF THE ESTATE OF MARIE SLAVENS BLAKEWAY A/K/A EUNICE M. BLAKEWAY, DECEASED. J. PAUL CAVER Notary Public, State of Texas := My Commission Expires Morch 07.2011 After Recording Return To: Infinity Title Company 1035 Dairy Ashford, Suite 115 Houston, TX 77079 GF# 20100580 Notary ublic, State of Texas Printed Name: J r0aiv� v�A, My Commission Expires: 3 —7 = !/ go Harris County Tax Office 41ff'C4 Page 1 of 1 MIKE SULLIVAN MHO ABOUT THE TAX ASSESSOR - COLLECTOR %„CONTACT Tax Assessor - Collector _ PROPERTY TAX VEHICLE REGISTRATION SPECIAL PERMIT TAXES VOTER REGISTRATION Search Search by Name - Current Statement 5 Year Account History TAX RECEIPTS 201'2 2011 2010 2009 HCAD • Save as PDF Print Statement 2012 PROPERTY TAX STATEMENT Account Number Total Market Value: 495,000 Current As Of: Assessed Owner Taxing Jurisdiction Exemption Taxable Value Tax Rate Taxes Houston ISO I 0 PRUETT BRIAN A 055- 279 - 000 -0008 $5,725.67 May 19, 2013 1111 NORTH LOOP W STE 1140 495,000 0.400210 $1,981.04 HOUSTON TX 77008 -4719 )erty Description ADDaised Values Notes /Exemptions 4258 S JUDSON ST 77005 LTS 8 & 9 BLK 4 COLLEGE COURT PLACE.2526AC Impr - Market Value: 100 This combined bill includes your I.S.D Total Market Value: 495,000 Less Capped Mkt Value: 0 A raised Value: 495,000 Taxing Jurisdiction Exemption Taxable Value Tax Rate Taxes Houston ISO I 0 495,000 1.156700 $5,725.67 Harris County 0 495,000 0.400210 $1,981.04 Harris County Flood Control Dist 0 495,000 0.028090 $139.05 Port of Houston Authority 0 495,000 0.019520 $96.62 Harris County Hospital District 0 495,OD0 0.182160 $901.69 Harris County Dept of Education 0 495,000 0.006617 $32.75 Houston Community College System 0 495,000 0.097173 $481.01 City of W University Place 0 495,000 0.374110 $1,851.84 Total 2012 Taxes Due by January 31, 2013: $11,209.67 Payments applied to 2012 taxes: $11,209.67 Total Current Taxes Due: $0.00 Prior year(s) taxes due (if any): $0.00 TOTAL AMOUNT DUE: $0.00 Penalties for Late Rate Current Delinquent Total Payments By February 28, 20131 7% $0.00 $0.00 $0.00 By March 31, 2013 9% $0.00 $0.00 $0.00 By April 30, 2013 11% $0.00 $0.00 $0.00 By May 31, 2013 13% $0.00 $0.00 $0.00 By June 30, 2013 I 15% $0.00 $0.00 $0.00 Totals due may contain an additional section 33.07 collection penalty of 20% IF YOU ARE 65 YEARS OF AGE OR OLDER OR ARE DISABLED AND THE PROPERTY DESCRIBED IN THIS DOCUMENT IS YOUR RESIDENCE HOMESTEAD, YOU SHOULD CONTACT THE APPRAISAL DISTRICT REGARDING ANY ENTITLEMENT YOU MAY HAVE TO A POSTPONEMENT IN THE PAYMENT OF THESE TAXES. Careers Contact Forms Public Information Request http: / /www.hetax. net /Property/TaxStatement ?Account= 0552790000008 5/30/2013 0* SET i 1RON RCO'WM CAP STAMPED MESTAR Q: ZERO tOT UNE PO.0 :s POWT OF C60*W MG NOK' - ' l o= Fm 1/2 0Wx ROD ®° FENCE POST -ar.as CVUWJtW FENCE POR -.PWNT OF 6Eg*d+E1G ANY RWOPVAT0 MIX IgVLM Fs A' , PRPAMO } TAs SET PK ON POST = FWD T' PIPE -A' $;, WOOD FETMM RALM. PC"T, OF Wily ST i;MA AAG 15 0040 45 tUfMNt AS fiir; OA7[ JK YAP PAW. T1P.WGl. ART A•' FiTD PK O.N POST ;J ()= RECORD WFO:MAT" - a- N -SVF[E FENCE BSAL a SURMMG SETBACK [9E R[ar± UL-1 -M M -AK P nK. U%M Y'R'S. fai A= CALCULATED POINT 0 = POMP ME 7!" ON CQVMTE 0 ? CAWE TaEV1SON t1ETAL PENCE B.S. n 8'UHMG SETBACK _r --.-c_ M MEM EtECMC U.E. = UTWTY. EAMfiNT 70 LPN BANDlyy 0; AA Ftn y� V MTED 10.91.0W ,uF TtEVAWN iW X11 .. METAL _P0ST ® s TEEEPNONE PEDESTAL - :5 •- LKE BREAK CA. = CONUTOLUNC MONLUDa TATiCY 1aS IXt litm Sc=4 pF fAft �. 11E O1l0OAL PtA1:OF r1AM 15 WbWr WAPoM TWS 15 tkPammuTKAA of nos .. SUREE RM BEST MTERPRETAUM OF RECORD MX087AL[YI. f fk+ ppee SCALE: 1 ° =ZW ,LOT S o _ H vo;oD'00 W 100.00 i 1 _ U) i a .o (10718 SO_ FT.) Q (0.25 AC) °a WT 9 BLaK LOT 8 m BLOCK 4 4 w Q 6056.4 50. FT- 0 4660.6 SO- ET_ an 0.14 APES o 0.11 ACRES o �} i 3 w 1 �o o �s o _ 0 z � Ad NN v Av P 9 A750 SOUTH JUDSON AVENUE N/A SURVEY a tO S T a AND A a ii 4 OF VM= COURT ?tA0£. A SUBOMS04 R'1 oARM CCIFTY. TExa, 0009000 TO THE MAP 02 PLAT MRf-W RECD TAD 1M twuE 7. PAm 7 of w ow ot0oft5 or HAA1t5 cou%Tt M.-S AO ipaM 44.1 FWA'e fT�V RA MAP, GE MMi�� Ale - —'! RR. PrM Oe1N tLF�I -Op, tt: mtF. OOMANI`_ RC[E 4 VAL PORP4 ReV1Reit P�eYfA'sAA Ivq treli +rQ+ ti k 1n TsKEe7 --- S.-W. fA4N d T4.AF: bI a+.l'JM anI Mw .b..A F1A. •o.w......U.n m+q - pert +i{ tF�}; We.F347: WA q pes• a a+ tow 1mr.r4 a.a s.M t+ce aw 7nra vfen AR.O ter g d m 6.1 hfy orT. 11» s eI net AMW i m Y+faneCA IAV4W aT:EW mWr M's OF tF;........2E �f.`GS5 TR' #•a' tr„4� f�STU+ waae n We 9� ' m7 PAa .11.0 ow w .. wr.Pa+dw mAycb. +"r1M.•. a RH a al T`7L M MT °e'1 A� ws+aePw! d " x Te tAe tlep et M tmeN� �,! ! es s1�e�a 1 .TnnR G:f. NO. GF N /A�. LAMD sut�azs, M. •y ! �; JOB NO. 42575 ,t ,, EF S; .. DATE 03 28 -2007 Mro 9OU11T COMM -ALVI& TEIU3r 77511 L Si1R�5 PROW (21D)'37I -9500 FAX f21q) 372 -swo Y9lL PfHA1rt o"m DY: CAB +u THOS PRro!gte 9tdrD-11pI LH-0. 4 5 S:n 13 AXIENM � Attachment(4) WRITTEN NARRATIVE FOR VARIANCE REQ UESTED: I purchased two lots side by side on July 1, 2010 at 4258 S. Judson after personally meeting with Ms. Debbie Scarcella in June of that year. Those two lots have been a single building site since 1946 with one 1000 square foot single family home sitting in the middle (at a 45 degree angle) of the two lots. These lots had been on the market for more than 3 years as a package and were almost impossible to sell as one building site. In June prior to putting the property under contract, I confirmed from my conversations and personal meeting with Ms. Scarcella that indeed the property was still platted as two lots (lots 8 & 9), and with the house removed it could be used as two building sites without doing a re- plat. Ms. Scarcella did say the worst case would be that I would need a variance for the smaller lot, as it was 4661 sq ft and under the 5000 sq ft guidelines, but greater than the 4500 sq ft noted in the ordinance. Incidentally the larger lot is 6057 sq ft. I immediately put the lots on the market to sell one and keep one for myself to build, but there were no calls on the property for two years. Also, the house being in the middle of the two lots complicated a sale. After those two years, my plans changed and I desired to sell both lots, either together or separately. I contacted Ms. Scarcella again as potential buyers were requesting proof that two homes could be built, one on both lots this year, after being on the market now for almost another year. This year I was told of Article 5, Table 5.1 and Note 3, limiting the two lots to one building site if the property only had one building site prior to 1987. That is without a variance. Since 100 percent of my contracts for the sale of the property desire to build two homes, I am requesting a variance to do so. The ZBA has the authority to grant this variance, and because it meets all the reasons variances are granted, I am respectfully requesting the ZBA grant this variance. Also, it should be known that the spirit of this Article 5 ordinance is to keep the density of the City in check and not increase. In June 2013 a new home on Simmons will be completed. This home in the same block, which physically is touching the northeast corner of 4258 S. Judson, is being built on two lots. Also, across the street at 4263 S. Judson, the owners have purchased the lot next door to remove the home and expand their residential lot size. While this activity represents less than 1 -2 percent of the homes in the area, this is decreasing the density of the immediate area and should be taken into consideration in granting this variance. Also, while this ordinance is for the whole of West University, the immediate area surrounding 4258 S. Judson also consists of Judson Park, a partial block of park and tennis courts. This helps reduce the population density in the immediate area. Another consideration is that 98 -99 percent of surrounding homes near and touching 4258 S. Judson are on 4500 to 5000 square foot lots. This makes 4258 S. Judson at 11,000 sq ft an anomaly. It is very different (oversized) relative to its peers. Also, once again, it is very hard to sell as one oversized, non- conforming lot compared to the rest of the homes in the neighborhood. This is especially true given the negative proximity to the railroad tracks and busy Bissonnet Street. Finally, 4258 S. Judson is on an irregular sized block (partial triangle vs square) with most of that irregularity falling on the two lots at 4258 S. Judson. The irregularity actually helps make the variance more acceptable to be granted. �Mc'^ PIA�� ARTICLE 5. - BUILDING SITES ARTICLE 5. - BUILDING SITES Section 5 -100. - Requirement for building site. Section 5 -101. - Designation of building site. Section 5 -102. - Division of building sites. /I'I °Cin mG✓II- (�) Section 5 -100. -Requirement for building site. Page I of 2 (a) Basic Criteria. Every structure must be located upon a building site meeting all of the following criteria: (1) The entire site must be contiguous and under common fee - simple ownership. (2) The site must consist of one or more whole subdivided lots, excluding only: (i) common use areas and (ii) areas lost because of public acquisition, adverse possession, discrepancies in boundaries or similar cause. (3) Common -use areas are excluded. (4) The site may not include any area within another building site. (5) The site must have the minimum dimensions prescribed by Table 5 -1 and this Article. Exception: If, after the 1987 effective date, the Z &PC approves a plan, plat or replat establishing a building site with smaller dimensions, the smaller dimensions do not violate this Ordinance. (6) The site must have a common boundary with a street area containing a constructed roadway approved and accepted by the city, or, in a QMDS, with a private street or other platted accessway. (b) Certain Exceptions. This section does not apply to: (i) fences, playground equipment or landscaping structures, or (ii) non - building structures lawfully occupying street areas, easements or similar areas. (Ord. No. 1949, § 1(exh. A), 9 -26 -2011) Section 5 -101. - Designation of building site. (a) Owner's Action. An owner or an owner's agent may designate a building site by submitting a permit application, plat, legal description or other document to the City showing a building site meeting the applicable criteria in effect at the time of the designation. (b) Administrative official's Action. The administrative official shall designate building sites for existing structures, in accordance with the criteria in effect at the time the structures were built and in accordance with the apparent intent of the owners, but the administrative official may not combine two or more subdivided lots into one building site unless: (i) the configuration of the existing structures requires the combination, or (ii) the owner consents. Section 5 -102. - Division of building sites. (a) Criteria For Division. Two or more subdivided lots, which are designated as a single building site, may be divided into separate building sites if all of the following criteria are met: (1) The division occurs along the common boundaries of subdivided lots. (2) The division does not cause a condition in violation of this ordinance, unless the condition relates to buildings or structures which would not have been in violation of the City's ordinances in effect at the time they were constructed, assuming that the same division of the two subdivided lots occurred at that time. (b) Specific Examples. Examples showing the division of two subdivided lots are shown in the Lot Division Schedule, attached to this ordinance and made a part hereof. The examples shown shall not limit this Article. Table 5 -1. Building General Rule: This table prescribes the minimum dimensions for building sites, by District. ( "DU" means "dwelling unit.") Site Exceptions / Special Rules: (1) See PDD Schedules for planned development districts. (2) See special notes in table. (3) The ZBPC may Dimensions establish different dimensions by approving a plan, plat or replat (see Article 5). Item Measurement SF -1 SF -2 SF -3 TH GR -1 GR -2 C Old Width, 50 ft. 75 ft. 50 ft. N/A 50 ft. 100 ft. 75 ft. building minimum See See sites Note 4 Note 4 (before October 24, 1987) See Notes 1 and 2. Depth, 100 ft. 105 ft. 100 ft. N/A 100 ft. 100 ft. 100 ft. minimum See See Note 4 Note 4 Area, 5,000 7,875 5,000 2,000 5,000 40,000 7,500 minimum sq. ft. sq. ft. sq. ft. sq. ft. sq. ft. sq. ft. sq. ft. per DU See See Note 5 Note 5 New Width, 75 ft. 75 ft. 75 ft. N/A 75 ft. 100 ft. 75 ft. building minimum See See sites Note 4 Note 4 (on or after October 24, 1987) httD:Hlibrarv.municode.com/HTML /14072 /level3/PTIICOOR APXAZOOR ART513USI.... 5/31/2013 ARTICLE 5. - BUILDING SITES Page 2 of 2 See Note 3. General Rule: This table prescribes the minimum dimensions for building sites, by District.( "DW means "dwelling unit. ") Exceptions / Special Rules: (1) See PDD Schedules for planned development districts. (2) See special notes in table. (3) The ZEtPC may establish different dimensions by approving a plan, plat or replat (see Article 5). Item Measurement PDD- 75 ft. Depth, 110 ft. 105 ft. 110 ft. N/A 110 ft. 100 ft. 100 ft. SF1 minimum TH1 TH2 TH4 THS See See Old Width, 50 ft. N/A 50 ft. building minimum Note 4 Note 4 sites Area, 8,250 7,875 8,250 2,000 8,250 40,000 7,500 minimum sq. ft. sq. ft. sq. ft. sq. ft. sq. ft. sq. ft. sq. ft. 1987) per DU See See Notes 1 Note 5 Note 5 and 2 Note 1. 4,500 Square Foot Exception. A structure may be located on an old building site with at least 40 feet of width and at least 4,500 square feet of total area, if the building site: (i) was improved with a principal building in existence on the 1987 effective sate or for any period of twenty consecutive years prior to the 1987 effective date, under circumstances where there was no additional land used for the building site, and (ii) was created by subdivision plat and not made smaller thereafter except to provide public right of way or to accommodate physical encroachments, or as specifically allowed by Article 5. Note 2. 4,300 Square Foot Exception. A structure may be located on an old building site with at least 40 feet of width and at least 4,300 square feet of total area, if the building she: (i) was created by subdivision plat approved by the city council or the ZBPC, (ii) has not been made smaller thereafter for any reason. Table 5 -1, cont. General Rule: This table prescribes the minimum dimensions for building sites, by District.( "DW means "dwelling unit. ") Exceptions / Special Rules: (1) See PDD Schedules for planned development districts. (2) See special notes in table. (3) The ZEtPC may establish different dimensions by approving a plan, plat or replat (see Article 5). Item Measurement PDD- PDD- PDD- PDD- PDD- PDD- PDD- PDD - SF1 SF2 TH1 TH2 TH4 THS TH7 C1 Old Width, 50 ft. N/A 50 ft. building minimum sites (before October 24, 1987) See Notes 1 and 2 Depth, 100 ft. N/A N/A minimum Area, 5,000 2,000 sq. ft. per DU 5,000 minimum sq. ft. sq. ft. New Width, 75 ft. N/A 50 ft. building minimum sites (on or after October 24, 1987) See Note 3. Depth, 110 ft. N/A N/A minimum Area, 8,250 2,000 sq. ft. per DU 5,000 minimum sq. ft. sq. ft. Note 3. Certain Re- Subdivisions After October 24, 1987. A subdivided lot in a SF -1, SF -3 or GR -1 District may be further subdivided to produce a building site with less than seventy -five (75) feet of width or less than one hundred ten (110) feet of depth if all applicable procedures under slate law and the City's ordinances, rules and regulations are followed and one of the following three sets of circumstances is present: (A) All portions of the subdivided lots are added to adjoining subdivided lots. (B) The number of lots is not increased, and all resulting lots have: (1) a depth greater than or equal to the depth of the shallowest lot before the re- subdivision, and (ii) a width greater than or equal to the width of the narrowest lot before the re- subdivision; provided that no resulting lot is irregularly shaped (unless lt was so shaped before the re- subdivision). (C) A portion of the subdivided lot is needed for City use or utility or service use. Note 4. Width & Depth in GR -1 and GR -2 Districts. Minimum widths and depths do not apply to single - family uses (attached or detached). Note 5. Area in GR -1 and GR -2 Districts. Minimum area is 2,000 sq. ft. for single - family uses (attached or detached). httD:Hlibrarv.municode.com/fITML /14072 /level3/PTIICOOR APXAZOOR ART513USI.... 5/31/2013 Page 1 of 1 Aff&_- Section 7 -100. - Purpose And Applicability.... The purpose of this Article is to prescribe regulations which differ by district. Each regulation shall be construed to carry out the purpose and intent of this ordinance as well as the purpose for the district within which it applies. Section 7 -101. - Regulations, Tables, Etc._: (a) In General. Every use, building site and structure must comply with the regulations set out in the following tables: Table 7 -1. Uses; Table 7 -2. Yards (or 'setbacks'); Table 7 -3. Open & Pervious Areas; Table 7-4a. Garage Space; Table 7-4b. Buildings; Table 7 -5a. Parking, Driveways, Etc.; Table 7 -5b. Certain Structures (b) Projections. Permissible projections into yards, and details about computation of open and pervious areas, are set out in Table 7 -6, the "Projections Schedule" Table 7 -1: Uses General Rule: Within each District: uses marked "A" are allowed as the primary use, uses marked "SE" are allowed as the primary use to the extent authorized by special exception, and uses marked "X" are prohibited. Exceptions /Special Rules: (1) See PDD Schedules for planned development districts. (2) See special rules noted in table. The ZBA is authorized to issue all special exceptions mentioned in this Table. Use Specific SF -1 SF -2 SF -3 TH GR -1 GR -2 C Category Use Residential Single- A See Note 1 A family (detached) Single- X X X A See X family Note 1 (attached) Other X X X X A X residential Public and Park, A See Notes 1 and 3 A See Semi - Public playground, Notes 3 or and 4 community center (Public), school (public), place of worship Private See Notes 1 and 2. green space School X X X X X X SE See (other) Note 3 See Note 9 Utility or A See Note 1 service use. See Article 8. PWSF use. A or SE See PWSF Schedule. See Note 1. Commercial Light X X X X X X See Article commercial 8 regarding certain sexually oriented businesses. Medium X X X X X X SE commercial All other uses X X ix X X X X Note 1. High - density occupancies in SF District. High- density occupancies are allowed in SF Districts only to the extent authorized by a special exception. The ZBA may issue such a special exception if it finds and determines that the occupancy is a use that is (i) accessory to a lawful primary use and (ii) reasonably compatible with nearby sites and their uses (in addition to any other findings and determinations required fora special exception). Note: A previously- issued special exception that authorized a use with a high - density occupancy is suf ident to comply with this note. Note 2. Private Green Space. Vineyards, gardens, landscaping, private playgrounds and other similar uses that are predominantly pervious, vegetated and non - commercial are allowed in all districts. Unless otherwise authorized by a special exception. the only structures allowed are fences, playground equipment and landscaping structures (e.g., low, retaining walls, borders, etc.). The ZBA may issue a special exception to authorize other structures. The special exception shall include a site plan specifying and limiting allowable structures. If so ordered by the ZBA, the site plan controls over any other ordinance to the contrary. However, the site plan may not specify yards (or "setbacks ") different from those otherwise required, unless the ZBA finds that the different yards are. (i) necessary for efficient use of the available space and (ii) compatible with nearby sites and their uses. The special exception may allow accessory structures without a principal building. Eftle 3. Ac cessory Uses and Structures. In the indicated districts, the ZBA may issue a special exception to authorize additional uses and structures, if the ZBA finds and determines that each additional use and ure is (i) accessory to a lawful primary use and (ii) compatible with nearby sites and their uses. The special exception may include a site plan identifying and limiting such uses and structures. httn:// library. municode. comishowDocument.aspx ?clientID = 14072 &jobId = 192824 &docID =0 5/30/2013 Attachment (S) (b) Note]. High - density occupancies in SF District. High - density occupancies are allowed in SF Districts only to the extent authorized by a special exception. The ZBA may issue such a special exception if it finds and determines that the occupancy is a use that is (i) accessory to a lawful primary use and (ii) reasonably compatible with nearby sites and their uses (in addition to any other findings and determinations required for a special exception). Note: A previously- issued special exception that authorized a use with a high - density occupancy is sufficient to comply with this note. Note 3. Accessory Uses and Structures. In the indicated districts, the ZBA may issue a special exception to authorize additional uses and structures, if the ZBA finds and determines that each additional use and structure is: (i) accessory to a lawful primary use and (ii) compatible with nearby sites and their uses. The special exception may include a site plan identifying and limiting such uses and structures. For what reasons are variances granted? Variances may be granted in special circumstances only when all of the following are established: • The variance is not contrary to the public interest. • A special condition exists for which enforcement of the ordinances would present unnecessary hardship. • The spirit of the ordinance is preserved. Attachment (6) Note 1. 41500 Square Foot Exception. A structure may be located on an old building site with at least 40 feet of width and at least 4,500 square feet of total area, if the building site: (i) was improved with a principal building in existence on the 1987 effective date or for any period of twenty consecutive years prior to the 1987 effective date, under circumstances where there was no additional land used for the building site, and (ii) was created by subdivision plat and not made smaller thereafter except to provide public right of way or to accommodate physical encroachments, or as specifically allowed by Article 5. ( 7 4258 S. JUDSON Contract Concerning HO ETON, T 77005 Page 2 of 9 12 -05 -2011 (Address of Property) 6. EARNEST MONEY: Upon execution of this contract by all parties, Buyer shall deposit $ 6.1280.1212 as earnest money with INFINImv T];5:L•' / , as escrow agent, at 1227 HEIGHTS BLVD HOUSTON TX 281.752.8888 (address). Buyer shall deposit additional earnest money of $ with escrow agent within days after the effective date of this contract. If Buyer fails to deposit the eamest money as required by this contract, Buyer will be in default. 6. TITLE POLICY AND SURVEY: A_ TITLE POLICY: Seller shall furnish to Buyer at ❑ Seller's ❑Buyer's expense an owner policy of title insurance (Title Policy) issued by SEE SPECIAL PROVISIONS (Title Company) in the amount of the Sales Price, dated at or after closing, insuring Buyer against loss under the provisions of the Title Policy, subject to the promulgated exclusions (including existing building and zoning ordinances) and the following exceptions: (1) Restrictive covenants common to the platted subdivision in which the Property is located. (2) The standard printed exception for standby fees, taxes and assessments. (3) Liens created as part of the financing described in Paragraph 4. (4) Utility easements created by the dedication deed or plat of the subdivision in which the Property is located. (5) Reservations or exceptions otherwise permitted by this contract or as may be approved by Buyer in writing. (6) The standard printed exception as to marital rights. (7) The standard printed exception as to waters, tidelands, beaches, streams, and related matters. (8) The standard printed exception as to discrepancies, conflicts, shortages in area or boundary lines, encroachments or protrusions, or overlapping improvements. Buyer, at Buyer's expense, may have the exception amended to read, "shortages in area ". B. COMMITMENT: Within 20 days after the Title Company receives a copy of this contract, Seller shall furnish to Buyer a commitment for title insurance (Commitment) and, at Buyer's expense, legible copies of restrictive covenants and documents evidencing exceptions in the Commitment (Exception Documents) other than the standard printed exceptions. Seller authorizes the Title Company to deliver the Commitment and Exception Documents to Buyer at Buyer's address shown in Paragraph 21. If the Commitment and Exception Documents are not delivered to Buyer within the specified time, the time for delivery will be automatically extended up to 15 days or the Closing Date, whichever is earlier. If, due to factors beyond Seller's control, the Commitment and Exception Documents are not delivered within the time required, Buyer may terminate this contract and the earnest money will be refunded to Buyer. C. SURVEY: The survey must be made by a registered professional land surveyor acceptable to the Title Company and Buyer's lender(s). (Check one box only) © (1) Within DONE days after the effective date of this contract, Seller shall furnish to Buyer and Title Company Seller's existing survey of the Property and a Residential Real Property Affidavit promulgated by the Texas Department of Insurance (T-47 Affidavit). If Seller fails to furnish the existing survey or affidavit within the time prescribed, Buyer shall obtain a new survey at Seller's expense no later than 3 days prior to Closing Date. If the existing survey or affidavit is not acceptable to Title Company or Buyer's lender(s), Buyer shall obtain a new survey at ❑ Seller's ❑ Buyers expense no later than 3 days prior to Closing Date. (2) Within days after the effective date of this contract, Buyer shall obtain a new survey at Buyer's expense. Buyer is deemed to receive the survey on the date of actual receipt or the date specified in this paragraph, whichever is earlier. ❑ (3) Within days after the effective date of this contract, Seller, at Sellers expense asurvey to Buyer. - ,jimperlmu TIOtV : yBuyer may object in wrifing to defects, exceptions, or encum rail@. disclosed on the survey other than items 6A(1) through (7) above; disclose n theme ed Commitment other -" than items 6A(1) through (8) above; or which prohibi> the following use or activity s� ° �11'a :Pif CP i; � � -1. �'J`k9 -611 1.^ � � 6' QRj ' E 5C a iii'• dJ 6e b�ia .s ar. >, ;" Buyer must object the earlier of (i) the Closing Date or (ii) days after Buyer receives the Commitment, Exception Documents, and the survey. Buyer's failure to object within th time allowed will constitute a waiver of Buyer's right to object; except that the require in Schedule C f e Commitment b Buyer. Provided—Sal' ed _,U1 ally ird party Initialed for identification by Buyer % % and Seller TREC NO. 20 -11 Produced with zipForrra(l) by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www- zigLggix.com Judson Archive Report Page 1 of 2 Archive Report Created on: Friday, May 31, 2013 4258 S JUDSON - LOT 8 & 9 Cumulative Days On Market (CDOM): 956 Single Family MLS# 41702447 Current Listing Days On Market (DOM): 96 0ifice Field )ld Valu New Value Price Date DOM PBME01 PRUETTBR ListPrice 649900 649000 $649,000 05/15/2013 80 PBME01 PRUETTBR ListPrice 335000 649900 $649,900 05/02/2013 67 PBME01 PRUETTBR ListPrice 334750 335000 $335,000 03/29/2013 33 PBME01 PRUETTBR ListPrice 335000 334750 $334,750 03/06/2013 10 PBME01 PRUETTBR I ListStatus I act $335,000 02/24/2013 1 MLS# 98951583 Office Field told Value New Value Price Date DOM PBME01 PRUETTBR ListStatus act term $334,900 02/24/2013 505 PBME01 PRUETTBR ListPrice 335000 334900 $334,900 01/29/2013 479 PBME01 PRUETTBR ListPrice 329900 335000 $335,000 12/30/2012 449 PBME01 PRUETTBR ListPrice 325000 329900 $329,900 11/29/2012 416 PBME01 PRUETTBR ListStatus with act $325,000 11/29/2012 416 PBME01 PRUETTBR ListStatus act with $325,000 10/03/2012 418 PBME01 PRUETTBR ListPrice 324900 325000 $325,000 07/24/2012 347 PBME01 PRUETTBR ListStatus I act $324,900 08/12/2011 1 MLS# 91008364 MLS# 55586712 ,iiace Field Old Value New Value Pric =, Date DOR/i PBME01 pruettbr ListStatus act exp $329,900 08/01/2011 356 PBME01 pruettbr ListStatus act act $329,900 08/10/2010 1 MLS# 55586712 ,iiace 47ield Old Value New Value Pric =, Date DOR/i PBME01* PRUETTBR' ListStatus pend closd $425,000 07/03/2010 87 PBME01* PRUETTBR* ListStatus act pend $495,000 06/17/2010 89 PBME01 bunnie ListPrice 595000 495000 $495,000 04/09/2010 20 PBME01 bunnie ListStatus I act $595,000 03/20/2010 1 MLS# 8117965 Lots Current Listing Days On Market (DOM): 3 http: / /www.harmis.com /Custom/ Reports /ArchiveReport.aspx ?MlsNumList= 41702447 5/31/2013 Field Old Value New Value KWHM01 barbaral ListStatus act exp $675,000 02101/2009 291 KWHM01 barbaral ListStatus exp act $675,000 01/01/2009 261 KWHM01 barbaral ListStatus act exp $675,000 01/01/2009 261 KWHM01 barbaral ListStatus act $675,000 04/16/2008 1 Lots Current Listing Days On Market (DOM): 3 http: / /www.harmis.com /Custom/ Reports /ArchiveReport.aspx ?MlsNumList= 41702447 5/31/2013 Z Id, 00 ,w N F- o_c� o O V♦ o m r mm_ammm`am2..ov Q M r //� Ak Z E_Nm'ma mnm e- {/, �V ■L o 00 o`am o�`a 'rnny'Omm° O �i 1-d, m�am c`avLa,� Lima C o �V L. 0 CL J os..ZEmsmotco° Q TT ♦♦�♦ r-L 0 7 �ECi °Aa° °o ° LO 0 IL O mn Lv99z9 LL Pis m - — __ O a War NVV ^ `Ubm NN 6LVb' R m 9'EB ^99L 90l A Y ^'F„ O ^B9L e~'6' $ O U (Qy�� O N S9L �bD '" S9l N ^ S9L C _ _ mStL m y pp E p Sll SlL pp-� _ m m ezL ozl m 8 6�Lb� �LZOIb$ g ^sL�O o 8 ^ tiOID� m 6OL4 BZOLb L� �8R�� $ ^ �bR�Q ^ m 1x9 9ZL Sll SLL Gil S ti OZL ynL ��q• eZLpi QryY�� N ezl y' - -6an VL__ � ^ Sit $ -- -�.YY_ ^ SLl_ BL4� t- Gil ,B � 8 OZL 4P$� s �d tS7y�YTM� o �l /Y�$ s 5 4� $ a, s �P 7!!- - ti4g g SL�oRP - -� -�LYV - RPV BlL SL- ---- +LjS sL VGR R w Ji►v �L J 92L ��- lQ -oy4- � VYR '� 4P$ w �J pZL - gg� w $ oo G(.R Sit N ARV - --- - -- �, lRL Gil SLL Sll g tq at Q/Y} - -� - - ny Lyra $ o yas - - �gR `� M at V w Ci N DZl _�y(�(_(Y}+ vrt _(y�__4- m N� �LV �GRV $ N Gil 74y.Q(Vy�,y'^�� �-- -- N sL�49 sll�y`(��t4 N py�4YV ��4RVm 9214774 /Y�.._� a`�p((µ� NGYY m t Y4Y __ N 4LL ��Q. 9' -- - - - - -- '^.- '0- 4- 7X- Lt�' <� o�}nl s .r YLRV VLRV - - -- Sl±�,(y7( 6LL �1V O� 59'LBr� O n YLPV �D GGRg N im , LZO a � N N � l Rg Sky, �v% Q LRt(yy7{4 �`tlLV N 6LRV �VR N sil(L��7Y slL�y(y_�_ _ SRN'` 7Y (yam SLL�y(y� ^g' 1 r)Ql. g �i�O•^ N ALLY eZl SG{ '� 7 at 9Zl n N LVPV m r•l VVR m cq m SLVYR N sit $R ga g NOZI R �LOYRV N LVRV NSLLOr m NS`7 S` Sll 1M 0 O YR OWE E $ N VVR V ll b1� N gNo,�g N YYY 4�YY $ N �RV -= - -47YV Lid — SLL Stt ^. Sll SLl .N+ Z�0 ZOOZbm U �y' f�O�Qp�ppp� sit V% -' g 9 N MU'`A £O89 at G 8 � sL�` m ^sub 8 8� sit 1 9Zl �i Y�� .^r `OV4Y L p Q Sit Qua ^ slip 1, ti0o00 w ezLgLOpp�s ezLQ pp� sit � 0 8 ��sZ6�Z4o-� 8 ��Z4 R o- w m 6�P gO�pZpVp53 spit pp sit p 8 sug Q 8 sus q t� A�O1 o m U) -:-------- It Il9LZV w s� 6 8 $O 3LZVo- $ Q S�Z su7 Np m (/� It g LT w _'? ort w Sit - ne -su W 8 t- stB�ZV 8 m 6'BBL L 88 ZZZ� 8^ 06�- 8 �`�0'ZGV su it C3 - pi0� C3 -6ZZ�-- 8 O 80o su 8 d su m 800 8 m'Sit 332116 SNOWWIS v? MY ----- - w �v�� 9tl ��„ 5tl 8 ^¢ ' � w 8 rn U lA g ,CP N O �i �O �Lyy, V'B '�'^ sLL HLG g U at w 80 5 o-8 sLL -0 8 8 N slOZ00� $ n 6 y7t((t��y(�� n o t a o y Og N ZZ4 8 � N OVGV 1� � �t 'RN ��L� � 7 �L4 Yo-$ �i •--� L�l, n��.,� � Stl OS 99 A �L4✓ 1 � I �A N ^ W L 50 SCL 1INn"no 59 w 50 55 ;psT V� 3nI So Se 5o Nto lot m); t\ o 0o No o 00 oog oo's es es es zs ga "� o 00' c q 8 coo8 coo_ coq', as os °S t L q aoq' n n M; n r1 c�i l� �^ p � N ti �i 00 1�1� b v'1 M ^ , oisnox 3o iii kZ5 uds� z �Q ca _ o z et oo o _ c V/ c `o m '� m C N ■� /� mm06m mZ�Rm Q r V z E$ N m m a m a v„ c o c M h L Q J o c c E m o Q w� m mho ME— 'O -oaa i V Q IL L Cl) Et1S5Z5 m R OOL DOBbR N n L000' o oat °°54 -ti4$ Got 8°Rg N°ati44g� �W ^ r84g 0,R L INnow'cid=l act wt oal oalQ z Y �L y Q ot. \'• N wL all L 9i W YG4� N l oat Oal " n wv `� 1 1� a L�LoaGY N 1 �Cy*`.(y�, @ - oaton� a tiZb v bLbZb OOElpp�x O ;9Zb 7`Jpz Vppg N ""y�" N B Zb As 3ANG AIINmmoo os os as os m OS cd �"" R8 8 8848 �BR 1 11319 � 9U6, Oak 48R�� ° ��R%� n n ook 001 c 8e�b �R BPPb m 844$ ti4$� R Rpr O wk oot au(yt�(y�4(Y}g' b E EZL ^�ZL4�g £ E4pep�R � GGYY b OOL O N�IF �2 WAR t84g $ �� r Oal OOt � X84 ^oa, WL O OU abdn3inoa 1Nnomim, Dol 1 11DL � oat OOOLL oat ��p- oLot��p � �1'�OZb �80Lb� � �'"bLOZb ^ �g z cy� 4(y�}�($ m�, � z U oot ml O 7�4V O pal O . OO7L1 Y n O � Wn s' ° 2 OO �\' Y U) s O\� N • "I N IX n w�YL4Y CM4 %Ol Y Y64 N � LV Y YLG N /�(y�.�y��g W W}(L.� 4 fly -.. -Tor n ' gp �e cfl oaL � ML L N �p CIO L bLo WL w 2 �0� m� co D -a - - Lf') z °°7yL /vna�y�(yMy� (n W s J�ppGppV . W(y�LZpp a LN(] Q ��lZb r N VZZV u.1 LY WL WL�pp� Z 0 R 8 N `b�Lb w LU LLGV N V4V Q LQ�{�R O',Znp. � n C5.(y£�,Z�bL� GoW�GV I LLOL �p- zoo- 1 ^ � &s N ZroZb IXILp �p- OOI.�� q bL(xV4�(Y}� M�7``(J�GV . N��yV7ry.04JryV��" 8 mv �p CIO L bLo WL w 2 �0� m� co D -a - - Lf') z °°7yL /vna�y�(yMy� (n W s J�ppGppV . W(y�LZpp a LN(] Q ��lZb r N VZZV u.1 LY WL WL�pp� Z 0 R 8 N `b�Lb w LU LLGV N V4V Q LQ�{�R O',Znp. � n C5.(y£�,Z�bL� GoW�GV I LLOL �p- zoo- 1 ^ � &s N ZroZb IXILp �p- OOI.�� q bL(xV4�(Y}� M�7``(J�GV . N��yV7ry.04JryV��" 8 mv Lo 116 Lo 2!FV2 LO - 060141_ _ "I 7 08 CD 8 116 -8A 1 4 CD ivvq-� C�p I 50 50 w, .. `105 5 A fN C:) Cl 1�w It M LLJ Lo Lin apt 4 z D t 9 &l rn. N R 7 W U) I M, cc 7k� 10 �p aClk "'WI 1� (107is F3.). (0 -25- -) L :. - LOT,. . fit BLOW-4 t $� ACt -ss t vi K 6 ' bif 1 (0-25 � LOT A- :.. BLM' - a 4.6 s . O.I. IA ! - : 6k J