HomeMy WebLinkAbout08202009 ZBA DKT 2009-11
City of West University Place
APPLICATION TO THE ZONING BOARD OF ADJUSTMENT OF THE
CITY OF WEST UNIVERSITY PLACE, TEXAS ("CITY")
Address of site: ~ 130
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Applicant: ~:avk i-, C ry kc\ fYVo,f COJr`1
Address: 3o Ja V t6< r ~k
Contact:
~CYk A 1u Phone: `1 i
Fax: I `A-L4 (ll I Email: U n(~7OO1 c6
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:
(vj"Special Exception.
• Exact zoning ordinance section that authorizes the special exception: `C e k 1 r\ I„~_ Iu`j
• Exact wording of special exception requested:
fit C.~s~ Y C, - An c~C~t~ ~.XCe ~l D V7
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( ) 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 (,)Yes(list items here and attach them)
2N la r) 5
Attached. The ap icant hp(ead the S to and City regulations attache .
Signature of app scant: -7, L
For Staff Use only Date filed:/ Date heard: 3
[ ~)(/(~-6
ocket#: ' I
Form ZBA-102
Zoning Special Exception Request for 3130 Jarrard
Craig and Joan Murrin purchased the home at 3130 Jarrard in 1990. The original 2-bedroom
cottage was built in the 1930s, and the previous owners had added attached living space in the rear of the
property in the 1970s. There is no evidence that there was ever a garage on the property, and there is not
a garage now. The lack of a garage, and the amount of living space without a garage in the rear of the
property has given the house Prior Non-conforming status. At the time the Murrins became the owners in
1990, the rear addition projected into the rear 20' of the property, and the side of the house projected into
the 5' side setback on the west side. Each of these conditions is a prior non-conformity.
In 1993, the Murrins remodeled the kitchen, and the bedroom in the rear of the house. As part of
the remodeling, they added a pantry, closet and outdoor storage space to the west side of the house. Plans
were submitted to the City, they were approved and a permit was issued. As the foundation for the
addition was being poured, the City halted the project because it was not in compliance with the side
setback requirements, although the setback was the same as that of the earlier prior non-conforming
addition. Through discussions with the City Attorney, which included the determination that the dwelling
had PNC status because of the lack of a garage, and because of the window on the west side of the second
floor of the original addition, the project as originally permitted was allowed to proceed. Because there
was no hearing before the zoning board, there may be no record of the approval, so in order to clear up
any issues regarding the continuation of the PNC status, we are requesting that PNC status as it existed at
the time of the 1990 remodeling be extended, or reinstated, if necessary, for the existing side setback and
the non-garage space.
In addition, the original addition at the rear of the house, which contains the master bedroom, a
bath and a loft, is in dire need of updating. The plans we are submitting for this remodeling do not
expand the footprint of the dwelling, i. e. we are not adding on to the house. The floor space of the house
also will not be expanded. However, we need a variance for 2 reasons: 1) we will continue to have no
garage, and living space in the rear 20' of the property with no garage space, and 2) we are reconfiguring
the loft space to make it more usable by placing dormers on the north and south sides of the loft space.
Currently, the loft space has walls approximately 1 foot high, with extremely slanted ceilings, making it
impossible to stand in most of the space. By making these walls 8 ft' high, with dormers, the usability of
the space will be vastly improved. The dormer windows in the rear of the dwelling will be translucent,
and the side window, which is not permitted by the current zoning code, will be removed completely.
We are requesting this special exception to "allow the rebuilding, remodeling and modest
enlargement of a structure," as provided in Section 12-205 of the Municipal Code. We are not changing
the existing square footage of the building, or the distances to adjacent properties.
Further:
(i) a substantial investment has already been reasonably made in the PNC item, or in reliance
upon it.
(ii) extension of PNC status is necessary to allow a reasonable period in which to amortize the
investment, or avoid unreasonable waste of any remaining value of the item with PNC status.
(iii) the proposed special exception will not cause an increase in on-street parking, will not cause
any traffic congestion, will not cause any increase in traffic or a burden upon utility systems or upon any
other public facility or public service.
(iv) the proposed exception does not involve a bar.
(v) the proposed exception will be in harmony with the general purpose and intent of this
ordinance. This circumstance is met by the fact that this special exception does not increase the non-
conformity of the property-a large, clear window overlooking the neighbor's back yard is being
removed, while higher, translucent dormer windows in the rear are being added to provide a light source
only (translucent skylights in the existing roof are also being removed). The requested remodeling is
proposed to improve the current condition of the master bedroom and bath, and to improve the livability
of the loft.
Thank you for your consideration of this request.
Joan and Craig Murrin
2.5'
UTILITY
EASEMENO
EAST 50 ,00' PROPOSED
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AREA CALCULATIONS
I 1000 SF REAR YARD AREA
337 SF BUILDING AREA IN
LOT 1 i YEAR YARD
I I 33.7 % COVERAGE
546 SF TOTAL LIVING SPACE IN
YEAR YARD
WEST 50.00
J A R R A R D S T R E E T
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ELEVATION 3
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ELEVATION 1
REMOVE NEW FIXED
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SCALE: 1/4" = 1'-0"
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REMOVE
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OPEN TO
BELOW
PARTIAL EXISTING SECOND FLOOR PLAN
SCALE: 1/4" = V-0"
PROB STFELD &AS SOCIATE S
PROFESSIONAL LAND SURVEYORS
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NOTES:
• Elevations shown based on Cily o1 Wast University Place Benchmark No. 1 Elevation = 51.59 NAVDSR t2001 AUlvelmeni)
This survey was performed without the benefit of a current title opinion and is subjacl to any Iacls a hit and accurate We search may disclose. All easements, building lines,
ning setbacks, restnctlons and --ma of record may not be shown.
All bearings are referencatl to the recordad plat unless othe wise noted
PLAT OF PROPERTY
FOR' Atoll- "-fit- I hereby Certify that the above plat
AT. 3130 Jenard 54-1 City of Mi Un_IVanity Plecer TX Correctly represents the facts E U F Jf
LGL-. Lot 17, Stock B found at the tlme of the survey ti e•~ I.S,r EqC': ,n
Rice Court
made on the ground, under my
..me r.a•47 MATFIf?A J.PROR,SI'HiLU
_h. Map RecoNa el Narda Coun1, Tea supervision, and (here are no
::0
apparent encroachments at the _qD 4985,
SCALE' 1-20' _ `,f•'•. ~FSS~:
DATE: 7115108 REVISED DATES _ time of this Survey, unless shown S U P N E
or noted otherwise.
Feet Property 11E1 NOT Lie wllM1ln ah, 4eslgnata4 tee yeaf FMedplaln.
PANEL NO 40201C 0860 L
ZONE Skaded_X &
FEE. DATE: 18/0] -
BASE FLOOD ELEVATION.
a eTnea nR MATHEW E PROBSTFFLD
THIS SURVEY MWAS PERFORMED IN ACCORDANCE WITH TITLE COMMITMENT Registered Profess- I - Surveyor
Stale of Texaa No. 4985
PROVIDED BY GF#.. ALL EaM I
Ia'M
- - JOB# 208-018 DRAWN BY
THIS IUR- 11 THE PROPERTY OF PROPUTIFFEUD 1 Mic, 19 Clunnintill FOR THIS Taluel-ON ONLY, ANO 0 NOT ~SFEM~E To ADIHTIOM- nNFTFTUTIOMS 01 OMM&
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P'739659
PLEASE RETURN TO: 32.009631.3
GUARDIAN SAVINGS & LOAN ASSOCIATION
1220 AUGUSTA DRIVE
HOUSTON, TEXAS 77057 OZ-64-3464
3
STEWART TITLE HOUSTON DIVISION
03/08/94 00070915 P739659 q 20,11,;
[Space Above This Line for Recording Data] C~
DEED OF TRUST lq2 / 7
THIS DEED9F TRUST ("Security Instrunwnt") is made on MARCH 01, 1994. The grantor is
CRAIG M. MURRIN AND WIFE, JOAN V. MURRIN
i
('Borrower"). The trustee is JAMES E. DAY,
whose address is 1220 AUGUSTA DRIVE, HOUSTON, TEXAS 77057
("Trustee"). The beneficiary is GUARDIAN SAVINGS & LOAN ASSOCIATION,
which is organized and existing under the laws of THE STATE OF TEXAS
and whose address is 1220 AUGUSTA DRIVE,
HOUSTON, TEXAS 77057 ("Lender").
Borrower owes Lender the principal sum of ONE HUNDRED SIXTY-NINE THOUSAND EIGHT HUNDRED AND 001100 Dollars (U.S.
$169,800.00) This debt is evidenced by Borrower's note
dated the same date as this Security hnstrument ("Note"), which provides for monthly payments, with the full debt, if not paid earlier, due
and payable on APRIL 01, 2024 This Security Instrument secures to Lender: (a) the repay-
ment of the debt evidenced by the Note; with interest, and all renewals, estensions and modifications of the Note; (b) lire payment of all other
sums, with interest, advanced ui der paragraph 7 to protect the security of this Security Instnu lent; and (c) the performance of Borrower's covenants
and agreements under this Security Instrument and the Note For this purpose, Borrower irrevocably grants and conveys to Trustee, in trust, with
power of sale, the following described property located m HARRIS County, Texas:
LOT SEVENTEEN 07), IN BLOCK EIGHT (8) OF RICE COURT, AN ADDITION IN
HARRIS COUNTY, TEXAS i(CCORDING TO THE MAP OR PLAT THEREOF RECORDED IN
VOLUME ],'PAGE 47 bF THE MAP RECORDS OF HARRIS COUNTY, TEXAS. J
111~R 15 .
r~ J N
<n N
winch has the address of 3130 JARRARD, HOUSTON,
Isveotl
u~~'04-J411
32.009631.3
IV.
In the event Lender has given a written consent to an assumption of the Note secured by the Security instrument
referred to above, the Lender may, at Lender's sole option, terminate this Escrow Waiver Agreement without refund
of any portion of the escrow waiver fee paid by Borrower and immediately upon termination require the
assumptor(s) to establish and maintain funds for Escrow items in an Escrow Account with Lender in the manner
provided for in the Security Instrument.
V.
In the event of a default under this Escrow Waiver Agreement and the Security Instrument, among any other
remedies available to Lender, Lender may at Lender's sole option terminate this Escrow Waiver Agreement without
refund of any portion of the escrow waiver fee paid by Borrower and immediately upon termination require
Borrower to establish and maintain funds for Escrow Items in an Escrow Account with Lender in the manner
provided for in the Security Instrument.
VI.
An election by Lender to forego pursuit of any remedies available to it because of a default hereunder by Borrower
shall constitute foregoing pursuit of only that specific default and shall not constitute a waiver by Lender of its right
to pursue any and all such remedies upon any continuing or subsequent ault by Borrower.
i
DATED this 01 day of MARCH, 1994,A.D.
CRA MURRI Borrower
%(7ti Ir LGa J
JO V. MURRIN Borrower
Borrower
Borrower
THE STATE OF TEXAS iN;"'rrs nr
!ML 'RE rr.d E.: LORDED.
COUNTY OF HARRIS YIAIIL~'l
994,A.D., by
This Ins trument was acknowledged before me on this the day of
CRAIG M. MURRIN AND WIFE, JOAN V. MURRIN 1
NOTARY PUBLIC
~/1 ~CARRIE BURGESS
Notin Pn~UC. sGr` or reran Y Printed Name:
~l, l sn.,, i My Commission Expires A
11/02/97 J' My Commission
Expires:
Joan V. Murrin
3130 Jarrard
Houston, TX 77005
(713) 664- 9108
February 22, 1993
James L. Dougherty, Jr.
5300 Memorial Drive, Suite 1070
Houston, Texas 77007
Re: 3130 Jarrard, City of West
University Place
Dear Mr. Dougherty:
I am writing to you in your capacity as attorney for the City of West
University Place, in regard to the above-referenced property, which my
husband and I own and are in the process of remodeling. We have
encountered a problem with the City's interpretation of certain zoning
ordinances, which I have discussed with Messrs. Menville and Beasley. At
my suggestion, Mr. Menville has decided to review our situation with you,
and I wanted an opportunity to present my position to you for your
simultaneous consideration. I have enclosed a summary of the
construction history to date with the dates of pertinent events for your
reference, but this letter sets forth additional facts, as well as our legal
interpretation of those facts, which bear on our position.
The crux of our dispute is the amount of side setback required for an
addition to our residence. This addition will consist of approximately 200
square feet on the east side of the existing residence. My architect
submitted plans for this addition which clearly showed that the addition
would be four feet from the side property line, which is exactly the same
setback as the existing residence, constructed sometime in the seventies.
The plans were approved, the permit was issued and construction
commenced. My family moved into rental property, which we have leased
for the two months that our contractor advised us that we would be
without a kitchen. Everything was proceeding smoothly until the City's
third visit to inspect the progress, at which time we were informed that
i •
the side setback was insufficient. The setback on the west side is 5 ft., 4
in., so, under the Side Lot Setback Schedule of Appendix A to the Zoning
Ordinance, the east side setback would have to be at least 4 ft., 8 in. In
other words, the plans as approved provide a setback that, although the
same as the existing residence, is 8 inches too narrow.
This revelation was made on the day I left on a one-week trip with
my husband. As soon as I returned and learned of the problem, I began
trying to discuss the matter with Mr. Beasley, which I was finally able to
do last Thursday. At that time, I did not have an up-to-date copy of the
ordinance, and my principal purpose was to appeal to his sense of fairness
and reason. To sum up the points I made to him and Mr. Menville, I
suggested that if this problem had been called to our attention at the time
the plans were approved and the permit issued, my architect could have
revised the plans to recoup the approximately 10% of the space of the
addition that we would be losing. If we had been informed of the problem
at either of the times the city inspector had visited the site, we wouldn't
have to incur the expense of digging the trenches for the foundation a
second time. However, since we were stopped after being allowed to
proceed, we will wind up with that an addition that is (i) smaller, (ii)
more expensive, (iii) less esthetically pleasing from the front view (due
to the difference between the setback of the addition and the original
residence), and (iv) less structurally sound (due to position of the piers,
which the engineer says will be acceptable, but less than ideal).
Since my conversations with Messrs. Menville and Beasley, I have
had an opportunity to review the Zoning Ordinance, with its amendments.
Based upon my review, I believe that the plans as approved are legal under
the ordinance. I base my position on Article 12. Prior Nonconformities,
which provides that a structure acquires PNC status when it becomes
unlawful under a zoning ordinance, if such structure was not unlawful
prior to the effective date of the ordinance. The zoning ordinance requires
an aggregate side setback of 10 feet. Our residence has an aggregate side
setback of 9 feet, 4 inches, so it has PNC status. Section 12-103(a)(5)(ii)
of the ordinance provides that building does not lose its PNC status if the
"nonconformity is expanded or increased as a result of a remodeling
project. . . This provision, read in its entirety, applies exactly to our
situation.
Mr. Beasley is basing his position on the projection schedule of the
ordinance, which in certain circumstances allows setbacks different from
those in the ordinance itself. He believes that the original residence
would have been lawful under the projection schedule, and therefore never
had PNC status. He bases his belief on provision Y9, which sets forth the
criteria for projections of side setbacks. However, the provision requires
that all of the four criteria be met, and our original residence does not
meet two of them. Specifically, the projecting part of our original
residence does not contain garage space, as required by subsection (b) of
Y9, and it does have a window above the ground floor that faces the side
property line and is within ten feet of the side property line, as prohibited
by subsection (d). Therefore, it seems clear that, even under the
projection schedule, the original residence has PNC status, and the
addition as planned would not be unlawful because it would only continue
that PNC status.
Thank you for your time in considering this matter. A question of 8
inches may seem trivial to you and the City, but it is quite important to
me. If you need to discuss this matter with me, please do not hesitate to
call me.
Very truly yours,
Joan V. Murrin
cc: Kurt C. Aichler
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 August 20, 2009. The hearing may be recessed and continued to a ZBA meeting set to begin at
6:30 P.M. on September 17, 2009. 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: 3130 Jarrard, West University Place, Texas 77005
Legal description of the site: Lot Seventeen (17), in block Eight (8) of Rice Court, an
addition in Harris County, Texas, according to the map or plat
thereof recorded in Volume 7, Page 47, of the deed Records
of Harris County, Texas
Docket No.: 2009-11
Applicant: Craig and Joan Murrin
Action Requested: Applicant requests a Special Exception to extend and/or
reinstate PNC status for the existing side setback and non-
garage space, and for the proposed dormers.
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 assistyour
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 8-10-2009.
Sallye A. Clark Planning Assistant.
3800 f?niversity Bo nlevard • West ["niversity Pla~c_ Fexa.s 77005-2899 9 7t30668.4441 • ,v«ti .ivestrs.or,~
MURRIN CRAIG M & JOAN TYGER VERNON H III BAKER STUART M & GENEVIEVE J
3130 JARRARD ST 3132 JARRARD ST 3131 JARRARD ST
HOUSTON TX 77005-3014 HOUSTON TX 77005-3014 HOUSTON TX 77005-3013
WANG EMILY
BACA MARC X & COLLEEN M SMITH KEVIN G & BETH A 11411 QUAIL HOLLOW LN
3127 JARRARD ST 3123 JARRARD ST HOUSTON TX 77024-6520
HOUSTON TX 77005-3013 HOUSTON TX 77005-3013 RE: 3124 Jarrard
MCDONALD DAVID DAVIS JOHN L & SUSAN BERGES ROBERT L
3119 JARRARD ST 3120 JARRARD ST 3116 JARRARD ST
HOUSTON TX 77005-3013 HOUSTON TX 77005-3014 HOUSTON TX 77005-3014
ALTSCHULER MILTON & SUSAN PRESSWOOD JOE T & ASTER S BECKER STEPHEN & PATRICIA
3111 JARRARD ST 6024 BUFFALO SPEEDWAY 6100 BUFFALO SPEEDWAY
HOUSTON TX 77005-3013 HOUSTON TX 77005-2956 HOUSTON TX 77005-3306
TRONSTAD TOM & BRANDELYN A ZHAO GUANGHUA BARNETT JAMES A JR
6120 BUFFALO SPEEDWAY WEI LAX 1630 W 4TH ST
HOUSTON TX 77005-3306 6118 BUFFALO SPEEDWAY FREEPORT TX 77541-5106
HOUSTON TX 77005-3306 RE: 3132 RICE BLVD
FAULKINBERRY DAVID L & ANDREA MIRDJANI FRANK H & BETTINA HAJ GEORGE & CHRISTINE R
3131 RICE BLVD 54 SADDLEBROOK LN 3124 RICE BLVD
HOUSTON TX 77005-3051 HOUSTON TX 77024-3404 HOUSTON TX 77005-3052
RE: 3127 RICE BLVD
FEAGIN LUISA MILBY PERKINS MICHAEL Y SPEAKMAN WILLIAM H IV
3120 RICE BLVD 3116 RICE BLVD 3123 RICE BLVD
HOUSTON TX 77005-3052 HOUSTON TX 77005-3052 HOUSTON TX 77005-3051
ADAMS MATTHEW L CHMIELEWSKI MARGARET C BARNES JAMES CORBIN
DAVIS CAROLYN L 3115 RICE BLVD BARNES MARIA CAMILA
3119 RICE BLVD HOUSTON TX 77005-3051 3111 RICE BLVD
HOUSTON TX 77005-3051 HOUSTON TX 77005-3051
MORRISON RICHARD W & KRISTIN H ZEVE ANDREW & LISA A TARBOX ARTHUR R & SHEILA
3134 AMHERST ST 3126 AMHERST ST 3124 AMHERST ST
HOUSTON TX 77005-3010 HOUSTON TX 77005-3010 HOUSTON TX 77005-3010
GRANELLO GERAMI A KATTNER KENRIC LAURI CARROLL TIMA P
3122 AMHERST ST PO BOX 271746 6116 BUFFALO SPEEDWAY
HOUSTON TX 77005-3010 HOUSTON TX 77277-1746 HOUSTON TX 77005-3306
RE: 3120 AMHERST ST