HomeMy WebLinkAbout10062016 BSC Agenda Item 3 STAFF REPORT
Business of the Building and Standards Commission
City of West University Place, Texas
AGENDA OF: October 6, 2016 DOCKET NO. : 2016-0016
DATE SUBMITTED: September 20, 2016 DEPARTMENT OF ORIGIN: Development
Services
PREPARED BY: Clay Chew, CBO, CFM
City Building Official PRESENTER: Staff
SUBJECT: Variance request to place a
sign within 15 feet of another building STAFF PRESENTER:
site and not located in the center two- Clay Chew, CBO, CFM
thirds of the building site. City Building Official
ATTACHMENTS: Copy of the Variance Request; Relevant Code Section;
STAFF SUMMARY
Background:
5404 Kirby, LLC is requesting a variance to place a sign within 15 feet of the
building site to the north of their location. Also the desired location is not located within
the center two-thirds of the building site. An alternate location would eliminate a parking
space. The building site has the minimum required number of parking spaces per the city
ordinance at this time.
1
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O� UN,L94
City of West University Place
Y. m APPLICATION TO THE BUILDING AND STANDARDS COMMISSION
OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS ("CITY")
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Address of site: S /-Jv"L-( K‘,ei3 ul O R 17. , „vTX -"7OOS
Legal description of the site:--TV's-r---1" Z-09- pc 6S fRP-c-c c I Q6-tidL- ' S�,2vls
Applicant: S -/O '-1 1</ 2v5 y
Address: 5.2106-/ ,:/28 .1 57L`s -7'7(4_)j
Contact: KZ PRArcl .'-
Phone: °1 5"2O -Coo 606, Fax: `.1?L3 - 37 RY
Email Address: U lA_) 5-rGUN 7 R M
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 building official (or
other administrative official) of the City.
• Name and title of 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 code of ordinance section(s) involved:
• Grounds for appeal:
( ) Special Exception.
• Exact code of ordinance section that authorizes the special exception:
• Exact wording of special exception requested:
(/ ariance.
• Exact code of ordinance section from which a variance is requested: SCG JA) 6 ✓� I.J
• Exact wording of variance requested: 5 G &:- 1}'8t
Other Data. Are there drawings or other data? ( )No ( )Yes (list items here and attach them)I 2L, cc-7 'Lx∎Je,-
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State of � + County of �/4 f S `����� % � �
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This instrument was acknowledged before me on1 'd
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(Seal) ,ti „11/u��'� CATHRINE MOULIS
: rP4•�t,�'_Notary Public, State of Texas
aa`: Comm. Expires 03-13-2020 //V
My commis "�f`���� • Notary ID 12641 279t /2 (( /, Notary Public
*****PROVIDE ORIGINAL PLUS 15 COPIES (16 TOTAL) OF ALL SUBMITTALS*****
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Signature of applicant: 2,- '
L Date: J
For Staff Use only Date filed: a (1 Date heard: /0 (11 Docket#: �Me dpi
Form BSC-102
Form T-1: Owner's Policy of Title Insurance(Rev.113/14)
If you want information about coverage or need assistance to resolve complaints,please call our toll free number 1-800-729-1902. If you make a claim under your
policy,you must furnish written notice In accordance with Section 3 of the Conditions.Visit our World Wde Web site at:htto://www.stewart corn.
OWNER'S POLICY OF TITLE INSURANCE
ISSUED BY
STEWART TITLE GUARANTY COMPANY
Any notice of claim and any other notice or statement in writing required to be given the Company under this Policy
must be given to the Company at the address shown in Section 18 of the Conditions.
COVERED RISKS
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN
SCHEDULE B AND THE CONDITIONS, STEWART TITLE GUARANTY, a Texas corporation (the "Company") insures, as of
Date of Policy and,to the extent stated in Covered Risks 9 and 10,after Date of Policy,against loss or damage, not exceeding
the Amount of Insurance, sustained or incurred by the Insured by reason of:
1. Title being vested other than as stated in Schedule A.
2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss
from:
(a) A defect in the Title caused by:
(i) forgery, fraud,undue influence, duress, incompetency, incapacity,or impersonation;
(ii) failure of any person or Entity to have authorized a transfer or conveyance;
(iii) a document affecting Title not properly created,executed, witnessed, sealed, acknowledged, notarized or delivered;
(iv) failure to perform those acts necessary to create a document by electronic means authorized by law;
(v) a document executed under a falsified, expired or otherwise invalid power of attorney;
(vi) a document not properly filed, recorded or indexed in the Public Records including failure to perform those acts by
electronic means authorized by law;or
(vii) a defective judicial or administrative proceeding.
(b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but
unpaid.
(c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be
disclosed by an accurate and complete land survey of the Land. The term "encroachment" includes encroachments of
existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing
improvements located on adjoining land.
(d) Any statutory or constitutional mechanic's, contractor's, or materialman's lien for labor or materials having its inception
on or before Date of Policy.
3. Lack of good and indefeasible Title.
4. No right of access to and from the Land.
Covered Risks continued on next page.
IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused this policy to be signed and sealed by its duly
authorized officers as of Date of Policy shown in Schedule A.
Countersigned by
stewarf
s: � ' - title guaranty company �►'
Matt Morris
President and CEO
Stewart Title Guaranty Company
1980 Post Oak Blvd. Suite 610 ���� �
Houston,TX 77056 11- *- ' f
Agent ID: 43A040 _e" 1 s D s s /
Dente C.rraux
Secretary
File No.: 14000331038
Page 1 of
Policy 0-5966-000020447
Serial No.
Form T-1 Owner's Policy of Title Insurance Sch A(Rev.113/14)
SCHEDULE A
Name and Address of Title Insurance Company: Stewart Title Guaranty Company
P.O. Box 2029, Houston, TX 77252
File No.: 14000331038 Policy No.: 0-5966-000020447
Address for Reference only: 5404 Kirby Dr., Houston, TX
Amount of Insurance:
Date of Policy: September 04, 2014 at 8:55 AM
1. Name of Insured:
5404 Kirby LLC
2. The estate or interest in the Land that is insured by this policy is:
Fee Simple
3. Title is insured as vested in:
5404 Kirby LLC
4. The Land referred to in this policy is described as follows:
Being all that certain 0.195 of one acre tract of land, more or less, situated in the Allen C. Reynolds Survey, Abstract
Number 61, Harris County Texas, and being generally described as Tract 8 in Exhibit"A"of that certain Special
Warranty Deed to Joseph F. Campisi, et al, recorded in Clerk's File Number P773317 of the Official Public Records of
Real Property of Harris County Texas (O.P.R.R.P.H.C.T.) and further being known as 5404 Kirby Drive, City of
Houston, Harris County, Texas, and identified as Tract 4A by the Harris County Appraisal District(Account Number
0410170090045)and finally as depicted as an un-numbered Lot at the northeast corner of Block 2 of Evanston, a
Subdivision of record in Volume 15, Page 50, of the Harris County Map Records (H.C.M.R.) and being more
particularly described by metes and bounds as follows (All bearings and coordinates reference the Texas Coordinate
System of 1983, South Central Zone 4204);
BEGINNING at a 5/8 inch iron rod with plastic cap stamped McKim Creed set at the intersection of the south right-of-
way (R.O.W.) line of Albans Road (50'wide) (Volume 15, Page 50, H.C.M.R.)with the west R.O.W. line of Kirby Drive
(width varies) (Volume 6422, Page 81 (C335081) Harris County Deed Records) for the northeast corner of the herein
described tract(Texas Plane Grid Coordinates: Northing 13,828,151.90, Easting 3,105,009.79);
THENCE,with the west R.O.W. line of Kirby Drive and the east line of the herein described tract, South 02 Degrees
30 Minutes 42 Seconds East, a distance of 71.20 feet to a 5/8 inch iron rod with plastic cap stamped McKim Creed set
for the northeast corner of Lot 17, in Block 2, of said Evanston Subdivision and the southeast corner of the herein
described tract;
THENCE, departing the west R.O.W. line of said Kirby Drive and with the north line of said Lot 17 and the south line
of the herein described tract, South 87 Degrees 40 Minutes 46 Seconds West, a distance of 120.00 feet to a 5/8 inch
iron rod with plastic cap stamped McKim Creed set in the east line of Lot 16, in Block 2, of said Evanston Subdivision
for the northwest corner of said Lot 17 and the southwest corner of the herein described tract;
THENCE, with the east line of said Lot 16 and the west line of the herein described tract, North 02 Degrees 30
Minutes 42 Seconds West, a distance of 70.59 feet to a point in the base of a 14" hackberry tree in the south R.O.W.
line of said Albans Road for the northeast corner of said Lot 16 and the northwest corner of the herein described tract,
and from which a 2" X 5' galvanized pipe fence corner found for reference bears North 46 Degrees 37 Minutes 52
File No.: 14000331038 STEWART TITLE
14 T1 OP Sch A STG
Page 1 oft GUARANTY COMPANY
Form T-1 Owner's Policy of Title Insurance Sch A(Rev.1!3!14)
Seconds West, a distance of 0.59 feet, and from which an "X" etched in concrete found for reference bears North 01
Degree 38 Minutes 33 Seconds East, a distance of 3.04 feet, and from which a 1/2 inch iron rod with plastic cap
stamped "GULLET ASSOC." found for the northwest corner of Block 2 of said Evanston Subdivision bears South 87
Degrees 23 Minutes 18 Seconds West, a distance of 941.67 feet;
THENCE, with the south R.O.W. line of said Albans Road and the north fine of the herein described tract, North 87
Degrees 23 Minutes 18 Seconds East, a distance of 120.00 feet to the POINT OF BEGINNING and containing 0.195
of one acre of land, more or less.
Note: Title Company does not represent that the above acreage or square footage calculations are correct.
File No.: 14000331038 STEWART TITLE
14 T1 OP Sch A STG GUARANTY COMPANY
Page 2 of 2
Narrative for Variance Request for 5404 Kirby Drive
The owners of 5404 Kirby would like to reinstall a street sign along the southeast boundary of the
property (see attached Survey for location). The sign will be in the exact same location as the previous
sign that was used by the prior tenant. Because the proposed sign would be located along the edge of
the neighboring it is in conflict with Section o-25 b) (4) which states that a ground sign should
g g ( � � � g s
not be "located within 15 feet of any other building site".
We believe that a variance is appropriate for the following reasons:
1. Moving the sign to another location on the property could be unsafe. If we moved the sign to the
Albans/Kirby corner, the sign could block visibility of oncoming traffic for drivers pulling onto Kirby
Drive.
2. Keeping the sign on the southern boundary preserves the residential nature of Albans Street because
it would be further away from a residential street. Without a variance, the sign would be in a location
much closer to Albans.
3. The neighboring property owners are in favor of the Variance (see existing letters of support).
4. The sign would be in line with the other existing signs, thus keeping uniformity.
Proposed Wording for Variance Request
Applicant requests that a variance be granted to allow it to install its street sign within 15 feet of the
adjacent building site.
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September 22,2016
Building and Standards Commission&Zoning Board of Adjustment
City of West University Place
3800 University Boulevard
West University Place,TX 77005
Dear Committee members;
Our family lives at 2616 Albans and we are one of the two closest homes to Fajitas A Go Go.We are
writing to express our support for a variance to allow Fajitas A Go Go to place a street sign in the
southeast corner of its property that does not face Kirby, and not the Albans side of the property.A sign
on the Albans side would be unattractive to residents and also be a visual obstruction when pulling onto
Kirby from Albans.We believe that their proposed sign location is the best way to ptvserve the
residential nature of the neighbor and the safest way to proceed.
Fajitas A Go Go has been a good neighbor and has always tried to design its property in a ta3teful way
that enhances the neighborhood.
Thank you for your consideration.
Sincerely,
`'1
Chandu and Molly Chilakapati
2616 Albans
ANIMAL
MEDICAL
CENTER
OF TkE VILLAGE
September 29, 2016
Building and Standards Commission &Zoning Board of Adjustment
City of West University Place
3800 University Boulevard
West University Place,TX 77005
To whom it may concern:
We own the property 5406 Kirby Drive in West University Place and our property shares the southern
boundary line with Fajitas A Go Go. We are writing to express our support for a variance to allow Fajitas
A Go Go to place a street sign in the southeast corner of its property.
Thank you for your consideration.
Sincerely,
10R. (/,,,( -(46114 ,6 6't
Dan Jordan, DVM
Owner
Animal Medical Center of the Village
5406 Kirby Dr—Houston TX 77005
Ph: 713-524-3800
September 22,2016
Building and Standards Commission&Zoning Board of Adjustment
City of West University Place
3800 University Boulevard
West University Place,TX 77005
Ladies and Gentlemen:
Our family lives at 2619 Albans immediately adjacent to Fajitas A Go Go. We are writing to
express our support for a variance allowing Fajitas A Go Go to place company signage in the
southeast corner of its property that does not face Kirby.We believe that the placement proposed
by Fajitas a Go Go is the best way to preserve the residential nature of the neighborhood while
maintaining a safe intersection at Albans and Kirby.
Fajitas A Go Go has been a good neighbor, seeking resident input to minimize residential impact
and designing its property in a way that enhances the neighborhood.
Thank you for your consideration.
Sincerely,
Kara Richardson
Resident, 2619 Albans
713-291-7025
September 22, 2016
Building and Standards Commission &Zoning Board of Adjustment
City of West University Place
3800 University Boulevard
West University Place,TX 77005
Dear
Our family lives at 2620 Albans and we are one of the two closest homes to Fajitas A Go Go.We are
writing to express our support for a variance to allow Fajitas A Go Go to place a street sign in the
southeast corner of its property that does not face Kirby. We believe that their proposed sign is the best
way to preserve the residential nature of the neighbor and the safest way to proceed.
Fajitas A Go Go has been a good neighbor and has always tried to design its property in a tasteful way
that enhances the neighborhood.
Thank you for your consideration.
Sincerely,
Brian and Chelsey Shor
The City of West University Place
A Neighborhood City
NOTICE OF BUILDING AND STANDARDS COMMISSION HEARING
The Building and Standards Commission("BSC") of the City of West University Place, Texas
("City")will hold a public hearing in the Bill Watson Conference Room of the municipal
building, 3800 University Boulevard, City of West University Place, Texas 77005, during a
meeting set to begin at 6:00 p.m. on October 6,2016. 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: 5404 Kirby,West University Place, TX 77005
Legal Description of the Site: TR 4A,ABST 61 A C REYNOLDS
Docket No.: 2016-0016 Applicant: 5404 Kirby,LLC
Action Requested: Variance to Chapter 6, Section 6-25(b)(3)(4) requesting a ground sign
to be closer than 15 feet from any other building site and not located in the center two-
thirds of the building site.
Additional Details: Applicant is requesting a variance due to the site conditions. The sign must
be located within the center two-thirds of the building site and cannot be located within 15 feet
from another building site per Chapter 6, Section 6-25(b)(3) and (4). The applicant cannot
comply with both of these requirements and maintain the minimum required parking spaces.
Applicable regulations include the City's Development Regulations, Chapter 18 and Chapter 70
of the Code of Ordinances, Texas Local Government Code and the rules of the BSC. 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 and are posted on the
city's website at http://www.westutx.gov/284/Building-Standards-Commission. Any person
interested in such matters should attend the hearing.
If you plan to attend this public meeting and you have a disability that requires special arrangements at the meeting,please contact the
Development Services Office at 713-662-5834 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: .Tosie 3-laves, for the BSC on September 22, 2016.
Clay Chew, Building Official, cchew@westutx.gov 713-662-5830
WORK
PLACES
3800 University Boulevard I West University Place, TX 77005 I www.westutx.gov