HomeMy WebLinkAbout10272016 ZBA Agenda Item 2 Memo
To: Zoning Board of Adjustments
From: Debbie Scarcella,City Planner
Date: October 24,2016
Re: Staff Report for Docket 2016-012
Applicant's Request
The applicant of Docket 2016-012,2719 Arbuckle requests a variance granting an exemption for
replacing a garage structure.
Background
The property at 2719 Arbuckle is in a Single-Family 3(SF3)zoning district. A residence and garage was
constructed in 1938. Records indicate a second floor and various small remodeling permits have been issued
since then.The structure meets the definition of"old stock housing". The garage is still the original 16 x 18
garage built in 1938. The applicant has evidence that the foundation of the garage was not in good shape,and
consequently,the garage was very close to becoming dilapidated and was listing and sagging in many places. A
large ash tree located mostly in the neighbor's yard,has about half of its critical root system within the area that
would be affected by the construction of a new garage. The applicant believes that any excavation for a new
foundation,plus the change in weight,etc.of a new foundation,would adversely affect the tree. The applicant
would like to demolish the existing garage structure,but keep the foundation and cover it with decomposed
granite(or equivalent)to utilize as a parking pad.
Staff Response
Table 7-4(a)of the zoning regulations establishes the requirement for a garage structure containing two
parking spaces for each single family residential site. An exception for"old stock housing"allows a one parking
space garage structure. Since the principle structure at 2719 Arbuckle meets that definition,a single car
structure would be allowed. The applicant feels that because of the location of the driveway and the rear portion
of the house/deck structure,if the garage was moved over to make room for the roots of the tree,the
maneuvering space outside the garage would be difficult to use. There is also not a lot of flexibility for the
location of the driveway because of the location of the house and the tree's root zone. These are a few of the
reasons a variance is being sought. Section 82-10 of the City Code of Ordinances allows for consideration of the
preservation of a tree as meeting the hardship test. Section 82-10 also allows flexibility in applying the
requirements of an ordinance section when it will keep from destroying,damaging or removing a large tree.
The applicant originally applied for and was placed on the docket for the meeting scheduled for August 25,
which was cancelled because the board could not attain a quorum. Staff authorized a permit to demolish the
garage due to its worsening condition,so the garage has been removed. Chapter 18 of the Code of Ordinances
authorizes the issuance of a permit or partial permit under certain circumstances when there is an application for
relief pending.
2719 Arbuckle Staff Report Page 1
Staff believes that the ZBA has the authority to grant this variance,but according to Section 11-102,the
ZBA may not issue a variance unless all of the following circumstances are present:
(1)The ZBA has made all findings and determinations required by state law for the granting of a variance.A
"special condition"or"hardship"that is self-created,personal or based only on financial reasons is not
sufficient to support the issuance of a variance.
(2)The ZBA has made any additional findings and determinations required by a specific provision of this
section which relates to the variance.
(3)The variance has been reduced to writing and includes any conditions prescribed by the ZBA or required
by this section for the variance in question.
2719 Arbuckle Staff Report Page 2
General Rule: Every building site,garage space and related structure
must conform to the applicable regulations shown, by District, in this
Table 7-4a:Garage table. ("N/A" means the rule does not apply.) Exceptions/Special
space Rules: (1) See special rules noted in table. (2) See Article 9 regarding
Planned Development Districts. (3) See Note 1 regarding special
exceptions.
Item Regulation SF-1 SF-2 SF-3 TH GR-1 GR-2
Minimum 2.0 per DU (1.0 per DU
Garage
for old stock housing); each must
Garage parking
be enclosed or semi-enclosed and Minimum 2.0 per DU;each must be
space, in spaces.See
adjoin a driveway. Maximum 1.0 enclosed.
general Article 10.
per 2,225 square feet of building
site area, not to exceed 4.0.
Minimum
garage Ten feet wide, 20 feet deep(for
12 ft.wide, 25 ft. deep(for each
parking each required garage parking
required garage parking space).
space space).
dimensions
Sec.82-10.-Other regulations;conditions.
(a) Conflicts with other regulations .In any case where another city ordinance,rule or regulation would
require the removal, damage or death of a large tree,under circumstances where this chapter would
prohibit such action, it is the intent of the city council that all of the applicable regulations shall be read
together and harmonized so that, if reasonably practicable, the large tree is not removed,damaged or
killed.
(b)Liberal interpretations authorized.All city officials,boards and commissions are authorized and
encouraged to interpret other ordinances,rules and regulations liberally in order to minimize conflicts
with this chapter and to protect existing large trees,except in circumstances where there might be hazards
to persons or property.
(c) Variances.The need to protect or preserve a large tree shall be considered a sufficient"hardship" in
all cases where a hardship is required for the issuance of a variance under city ordinances, unless
additional grounds are required by state law.
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APPLICATION TO THE ZONING BOARD OF ADJUSTMENT OF THE
CITY OF WEST UNIVERSITY PLACE, TEXAS ("CITY")
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Address of site: 2719 Arbuckle Street- Houston,TX 77005
Legal description of the site: Lot 16,Block 7,Belle Court
Applicant: James Bishop&Megan Murphy-Bishop
Address: 2719 Arbuckle Street-Houston,TX 77005 meganmurphybishop
Contact: Phone: 530-848-9690 Fax: N1 r Email:@gmail.com
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'
(x)Variance.
• Exact zoning ordinance section from which a variance is requested: Section 7-4a
• Exact wording of variance requested'
In order to preserve a tree,request a variance to the requirement in section 7-4a to reconstruct a one-car
enclosed parking space(garage)for old stock housing.
Other Data. Are there drawings or other data? ( )No (x)Yes(list items here and attach them)
1) Personal narrative 6) Property Survey(2005)
2) Figures 7)Warranty of deed
3)Arborist's report
4) Engineer's report
5)Neighbors'support
Attached.The applicant has read the State and City regulations attached.
Signature of applicant: vtd/Y(IW\ Date 7/31/2016
For Staff Use only Date filed: Date heard: Docket#:
Form 26A-102
Address: 2719 Arbuckle St.West University Place,TX, 77005
Owners:James Bishop and Megan Murphy-Bishop
Age of home and garage: 1940
This is a proposal to demolish our existing framed,detached garage and cover the
existing slab in crushed gravel.We request to not construct a new garage on our
property.
Hardship
Mature green ash tree along our property line would be severely impacted by the
construction of a new garage.
Reasons for garage removal:
1. Our detached garage lies in the rear of the property(Fig. 1). It is original to the home
and in very poor condition (Figs.2, 3).We have two small boys who could easily be
injured by the decaying building.Gerard Duhan,a Professional Engineer,assessed the
entire structure to be unsound.
2. In its current state, the garage cannot be used for parking vehicles or safe storage.It
currently sits about 6 inches below the driveway and floods after each rainstorm (Fig.
4).The foundation has major cracks (Figs. 4B, D). Wires are exposed and frequently in
touch with water(Fig.4C). By removing this garage, we will not be changing the
parking density on our property.
3. The roof and siding have holes that have allowed vermin to nest in the garage (Figs.
2B, 3).An assessment by Critter Control in 2015 confirmed the presence of snakes
and rats in the garage.We are concerned that someone may be bitten or contract a
disease.
4. We would prefer that we demolish the garage in a safe and controlled manner, rather
than it collapsing itself while endangering our children, or it being destroyed by a
storm or fire. We are certain our neighbors will appreciate the dangerous eyesore
being removed (see attached testimonials).
Summary of Arborist and Engineer's Findings:
We have discussed our options with the city in the past. Debbie Scarcella has explained
that if we demolish the existing garage we must replace it with a structure that could
house at least one car for our"old stock" home. The required car port would need 50%
of the perimeter enclosed by walls at least 6 feet high.
However, there is a mature green ash tree that lives next to the garage on our property
line. Craig Koehl,West University's Urban Forester, confirmed that the ash tree was in
good health.We also consulted with Alex Singletary,a certified arborist with the Davey
Tree Expert Company,to discuss the likelihood of this ash tree surviving if we built a
new garage with foundation.The arborist determined the majority of the tree's critical
root mass lies beneath the current garage foundation, and the tree would be in
jeopardy if we removed the foundation or poured a new foundation on top of the old
one.The ash tree is our neighbor's,and we are not in a position to risk its death.The
arborist recommends removing the garage's walls and roof but leaving the foundation in
place. His full report is included in this application.
We have discussed the structural integrity of our existing garage foundation with Gerard
Duhan, P.E. of Texas Home Engineering. He determined that the current structure is
rotten and that the foundation is unsound. He further concluded that there are no other
viable locations for a carport or a garage in the yard that would allow a car to fit and not
impact the critical root mass of the tree,our home, or the property's western easement,
which provides access for utility work and emergency personnel. Figures 5A-D include
diagrams of the property's 2005 survey and illustrate the lack of usable space. It is not
possible to construct a usable 20' x 10'car port that does not impinge on the tree's
critical root mass,our home, or the 3' easement(Figs. 5A-D, 6). Mr. Duhan concurs with
the arborist and recommends removing the garage's walls and roof and leaving the
foundation in place. His full report is included with this application.
Demolition and Construction Proposal:
1. Remove, by hand,the four walls and roof of the existing garage but leave the
cracked foundation in place.This would ensure that the tree was not affected.
2. Cover the sunken foundation with a permeable crushed rock, to level the ground
and provide good drainage for the tree's roots.
We believe this solution best ensures the safety of our family and health of the tree. At
such a time as conditions change-the tree dies naturally or we demolish our home-we
will follow city code to construct appropriate parking on our property.
Thank you for your consideration. We can be reached at 530-848-9690 to provide more
information if necessary.
James Bishop and Megan Murphy-Bishop
Figure 1 a Buc- KI A
(60' R.o.w)
• 2005 property survey PK
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. �,, the wooden siding(photos A, C)and
the frame (photo B), which causes
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�-. to be moved every year or two).
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Figure 4
A- C Frayed
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Flooded .
The garage's cracked foundation
B :,' allows frequent flooding during
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moderate to heavy rain. Four
inches of rain fell on 7/26 p_
- (photos A, C),flooding the -
� 'r garage floor, but had drained '' A`
Cracks away by 7/27 (photos B,D). • C
Infestation has produced holes
Drained in the walls and destroyed f`
wiring(C). `
D ,,ie: Panorama distorts angles , i - . ,
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2-6 of v'atEer co\.ers garage floor ,
E Note: Panorama dist,A " -ngles `
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Cracks � -
Garage floor has dried completely, leaving dirt and debris
Cracks
Figure 5A A rt R. Lic.ict.. A. U Cr-
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• 2005 property survey
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Figure 5B p a B u G K t A L G
(60' R.0.w)
• 2005 property survey
CONC.IN ... FAST_ s/a
• 26" diameter tree with r
critical root mass area
4
extending 13' from trunk.
, ' 2_...)
(green circles). ,
• Existing garage (pink), with •'
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gas meter, gas line, doors, •
and driveway gate (all red). Drive ay ate ��
3' easement (black dots). no "
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Figure 5C A a Buc- KI A U L
(60' R.O.W.)
• 2005 property survey
c EAST :I]�_ . s!�
IN• 26" diameter tree with saa' r.LL^
critical root mass area =
extending 13' from trunk. a
(green circles). ' ,-
• Existing garage (pink), with .,A -,: .(..
gas meter, gas line, doors,
and driveway gate (all red). Dri -wail ate M t c.
3' easement (black dots).1 2eV
Utilities noted in blue. 4
,
• 20' x 10' area required for a
car port (red) must be 3'
A 4 0French Y
FRAME
from property line and _ "Doors
outside the critical root n
mass area i 4 X11 Electrical box
• Required area (red box) . "`
impinges on existing home a•eA `'�
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Figure SD p a [ u c K I A v
_ -(so' R.o.w.)
• 2005 property survey
191 poi ____ EFV. Va
• 26" diameter tree with soo' '
critical root mass area
extending 13' from trunk.
(green circles).
• Existing garage (pink), with ,
gas meter, gas line, doors, r
and driveway gate (all red). on I.1 ate S.
3' easement (black dots).
B.r .�
Utilities noted in blue. _,.„
• 20' x 10' area required for i
car port (red) must be 3' I.1 * French
from property line and ,,00rs
outside the critical root
mass area 1 H 4 , Electrical box
t
• Required area (red box) 1 * N
impinges on existing home
111: 1;Interferes with electrical . Back•
MA' awe
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box (blue) . rrii -,-,.L—. . , sm.■ � '4,
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• This space would not be .
usable. Our Toyota Sienna �'
LET 15 �.-- AA
All: : �
(16.7 x 6.5 yellow box) . t_
could not negotiate the I h
crook in the driveway. f . , 5 = r 'c� LOT 16 `
I 26"Ash
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Figure 6
There is insufficient space to fit a usable car port that does not
impinge on the tree's root mass,the home,or the easement.
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Gate _
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looking port � a
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3' easement
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beside garage
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18' g,
14' 4" (wall to fence)
a � i
13' 11' (electrical box is 13'6")
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DAVEY#.
The Davey Tree Expert Company
Alex Singeltary
ISA Certified Arborist#TX 4059-A
1653 Oak Tree Dr.
Houston,TX 77080
July 25,2016
James Bishop and Megan Murphy-Bishop
2719 Arbuckle St.
West University Place,TX 77005
RE: Green Ash @2719 Arbuckle St.
Assignment:
As requested, Green Ash to the West of 2719 Arbuckle St.is to be inspected, and
determination made whether or not construction of a new garage within the critical root
zone will have any effect to the trees health.
Methodology:
No climbing,plant tissue analysis,or root exploration was performed as part of this plan.
In determining the trees condition and chance of survival,several factors have been
considered which include:
1. Rate of growth over several seasons
2. Structural weakness or decay
3. Presence of disease or insects
4. Life Expectancy
5. Proximity of planned building/construction area
Site Observations:
The area of concern consists of a 1940 one story garage,with slab and driveway.The
property line to the West contains a 26"Green Ash that is approximately 3-5 feet from
the garage.As of July 25,2016,the Ash is healthy,minor cavities and deadwood.The
base of the tree is in good condition.The tree provides shade for both 2719 and neighbor.
Based on the location of the Ash and the placement of the garage,any kind of
construction to the garage's slab would compromise the trees health.
Recommendations:
Based on the proximity of the Green Ash to the garage,any kind of construction to the
garage's slab would be detrimental to the trees health.A majority of the trees critical root
zone is well within the space under the garages foundation.Any disturbance to that part
of the root system can be very damaging to the tree.The critical root zone for the 26"
Green Ash is approximately 13 feet around the tree.Removing the garage's slab would
require that the roots within the critical root zone of the tree on the East side be either cut
or damaged. Simply the equipment required to remove the slab would cause enough
damage to make the tree extremely dangerous in that the critical roots would be
compromised,creating a very unstable tree.The roots designed to anchor the tree would
be damaged or destroyed and the potential for the tree to come down in a heavy rain/wind
storm would be very high.
Another potential scenario created by removing and replacing slab would be the issue of
soil compaction near the tree, If any roots did survive the removal of the old slab,
replacing the slab in such a sensitive area would create soil compaction in a majority of
the critical root zone,slowly suffocating any remaining roots,causing significant damage
to the tree.
If the garage were to be removed,and relocated to another part of the back yard,the
potential for root damage still exists. Heavy machinery and equipment would be
necessary to remove the garage's slab to build a new one,causing soil compaction.Again
with the close proximity of the tree and critical root zone to the space around the garage,
any kind of slab construction would cause much stress to the tree.
The scenario that would create the least amount of disturbance to the tree and ensure the
life of the tree would be leave existing slab,and cover with a pervious material such as
rock,crushed granite or soil. The slab could stay and the roots under would not be
touched or damaged.The four walls and roof could be removed with no damage to the
tree as long as heavy machinery is not used.An option of pouring on top of the existing
garage's slab is not recommended because heavy machinery would be needed and adding
to the slab would add stress to that part of the root zone by compacting and adding
weight,potentially suffocating and killing roots.
Davey's recommendations are that the slab for the existing garage is simply too close to
the Ash tree to be removed. Removal of the slab in any way would most certainly cause
significant damage to the sensitive critical root zone,potentially creating a very
dangerous tree or death.Building near the existing garage could potentially have the
same effect,damaging sensitive roots. Considering the health of the tree, the only logical
solution is to remove garage walls,leaving existing slab.
)1, 1,Akttfr-t
Alex Singeltary
ISA Certified Arborist#TX 4059-A
The Davey Tree Expert Company
( JQ,INEERED Gerard J. ninon, #59832
OUNDATION Engineered,Foundation Sa iltioiu, #1.-12259
SOLUTIONS 281-788-7393 gerardp texas lameengineer.com
ENGINEERING OPINION
INVESTIGATION OF STRUCTURE
GARAGE AT 2719 ARBUCKLE STREET, HOUSTON,TEXAS, 77005
CITY OF WEST UNIVERSITY
Date of Inspection: July 27,2016
Date of Report: July 30, 2016
Megan and James Bishop, owners of the subject property, requested an inspection
and report on the condition of the garage. A visual inspection was performed,and
conditions documented with photographs.
Convention regarding directions: Front faces the street, left and right are as seen
from the street facing the house.
Boilerplate and outside references shown in italics.
INSPECTION
Inspection of the exterior found rotted structural members falling from the eave ar-
ea. The frame walls were collapsing due to rot at the base of the walls. See photo 1.
Inspection of the interior found chronic wet conditions, rot of the bottom of the
frame walls,cracked,unlevel and non-reinforced foundation. See photo 2.
CONCLUSION
In general, the wall framing is structurally compromised to the point of risk of col-
lapse under non-catastrophic loads.
I find inadequate space for a carport/garage that does not encroach on the house,
the 3 feet from the property line,or the 14 feet radius of the tree.
RECOMMENDATION
Demolish the garage building.
Engineered-Foundation Solutions Page 1
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Attachments:
! photo page with 2 photos
Engineered Foundation. SoCatttons Page 2
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Photo 1:Front 2: Interior ele of ation garage of garage
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Neighbors' Consent and Support
To whom it may concern.
I am very familiar w ith the Bishops' home on Arbuckle. I was the listing agent when they
purchased it and had the opportunity to study all of the structural inspections.
Additionally I have a great deal of experience in the neighborhood. I have been a West U
resident for over thirty five years and have been selling real estate in the neighborhood for over
twenty years. In fact, I sell more homes in West U than any other real estate agent per MLS
statistics. I believe this gives me good qualifications to give an opinion on this property.
The current garage is a safety hazard. It could fall over at any time and injure one of their
small children. It is a safety hazard and should be torn down. I know the Bishops were exploring
the possibility of replacing the garage as is the current West U code. I lowever in their research
they found that anything they build will kill the beautiful old ash tree next to their backyard.
They do not want to damage this beautiful tree.
Please consider giving the Bishops a variance to tear down the hazardous garage and save the
beautiful tree.
!hank you.
!leidi Dugan
2735 Arbuckle St
We are in agreement with your plan to tear down the garage and leave the slab. We don't mind
at all, and we agree this should not harm our tree.
Regards,
Dean and Regina Wehunt
2721 Arbuckle St
July 31,2016
Dear West University Place Zoning Board of Adjustment,
My name is Kelly Best Bourgeois. Our family lives at 2709 Arbuckle Street and we are
neighbors of Megan and James Bishop who also reside on Arbuckle Street. W are also friends
of the former owners of the Bishop home, Paula and Howard Colman. I mention this because we
spent many hours in their backyard around their crumbling garage.
It has come to our attention that James and Megan Bishop are requesting a variance to tear down
their crumbling garage without building another structure in its place. There is concern about a
nearby tree and the damage building a new garage may inflict on the stately shade tree.
We are in complete support of the demolition of the Bishop garage. It appeared in very poor
shape several years ago, and I can only imagine what it is like now. I would be fearful for the
young Bishop boys to be around such an old structure,as it may collapse and cause serious
injury to any person nearby.
We and our neighbor Heidi Dugan also spotted a very large rat snake in our back yards and we
think it may be attracted to rodents living in the Bishop's unused garage as this is the only nearby
vacant structure.
Please allow the Bishops to tear down that old garage and save the beautiful nearby shade tree
without having to build a new structure which would likely damage the root system of that tree.
Respectfully .4' J,7::,„,..,,,...1,,,,t, .d
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Kelly Best Bourgeois ; �
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° J.."' IEM iiegaela k t, t- WM 1,10E0sirit , TEXAS
20100324357
07/30/2010 RP3 $20.75
HOLD". PLTBOLF HOU ON
(LLD RE
\Y
COMPANY
c,MOItt
011 CIF#-
1)
Notice 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 property before it is filed for record in the public records: Your
Social Security Number or your Driver's License Number.
GE No.: 10002866
GENERAL WARRANTY DEED
THE STATE OF TEXAS §
1 KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF HARRIS
Ti
THAT HOWARD COLMAN AND SPOUSE, PAULA LEE COLMAN, hereinafter referred to as "Grantor"
(whether one or more), for and in consideration of the sum or TEN AND NO.100 DOLLARS($10.00)and other good
and valuable consideration to Grantor in hand paid by MEGAN A. MURPHY-BISHOP AND JAMES W. BISHOP rG
TRUSTEES OF MURPHY BISHOP TRUST, DATED APRIL 6, 2009, whose mailing address is 2719
1N' ARBUCKLE, HOUSTON,TEXAS 77005,hereinafter referred to as"Grantee"(whether one or more),the receipt and
0 sufficiency of which is hereby acknowledged and confessed, and for the further consideration of the execution and
delivery by said Grantee of one certain Promissory Note in the original principal sum,being in the amount specified in that 1 P
certain deed of trust referenced below, being of approximate even date herewith, payable to the order of PREMIA
MORTGAGE LLC, hereinafter called "Mortgagee," and bearing interest at the rate therein provided; said Note u
containing an attorney's fee clause and acceleration of maturity clause in case of default,and being secured by Vendor's l�
Lien and Superior Title retained herein in favor of said Grantor and assigned to Mortgagee,and also being secured by a
Deed of Trust of even date herewith from Grantee to ROBERT K.FOWLER,Trustee;and
WHEREAS.Mortgagee has,at the special instance and request of Grantee,paid to Grantor a portion of the purchase
price of the property hereinafter described,as evidenced by the above described Promissory Note,and said Vendor's Lien
and Superior Title against said property securing the payment of said Promissory Note are hereby assigned,transferred
and delivered without recourse to Mortgagee,Grantor hereby conveying to said Mortgagee the said Superior Title to said
property,subrogating said Mortgagee to all rights and remedies of Grantor in the premises by virtue of said liens;
And Grantor has BARGAINED,SOLD,GRANTED AND CONVEYED,and by these presents does BARGAIN,
SELL,GRANT AND CONVEY,unto said Grantee,the following described real property,to-wit:
LOT SIXTEEN (16), IN BLOCK SEVEN (7) OF BELLE-COURT ADDITION, A SUBDIVISION IN i
HARRIS COUNTY,TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF, RECORDED IN
VOLUME 452,PAGE 498 OF THE DEED RECORDS OF HARRIS COUNTY,TEXAS
TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and
appurtenances thereunto in anywise belonging unto said Grantee and Grantee's heirs and assigns, FOREVER. Grantor
does hereby bind Grantor and Grantor's heirs, executors, and administrators, TO WARRANT AND FOREVER
DEFEND all and singular the said premises unto the said Grantee and Grantee's heirs and assigns,against every person
whomsoever lawfully claiming,or to claim the same,or any part thereof.
Taxes of every nature for the current year have been prorated and are assumed by GRANTEE.This conveyance is
made subject to,all and singular,the restrictions,mineral reservations,royalties,conditions,easements,and covenants,if
But it is expressly agreed that the Grantor herein reserves and retains for Grantor and Grantor's heirs and assigns,a
Vendor's Lien,as well as the Superior Title,against the above described property,premises and improvements,until the
above described Promissory Note and all interest thereon have been fully paid according to the terms thereof,when this
Deed shall become absolute, which Vendor's Lien and Superior Title have been assigned, transferred, and delivered
without recourse to Mortgagee as set forth above.
WHEN this Deed is executed by more than one person,or when the GRANTOR or GRANTEE is more than one
person,the instrument shall mad as though pertinent verbs,nouns and pronouns were changed to correspond;and when
executed by or to a legal entity other than a natural person,the words"heirs,executors and administrators"or"heirs and
assigns"shall be construed to mean"successors and assigns."Reference to any gender shall include either gender and,in
the case of a legal entity other than a natural person,shall include the neuter gender,all as the case may be.
DATED the , day of ,. 20/0 .
HOWARD COLMAN
der
PAULA • OLMAN
THE STATE OF 1 1 :_
COUNTY OF
This instrument was acknowledged before me on the t9 day of _ _,20 ,by
IN HOWARD COLMAN AND SPOUSE,PAULA LEE COLMAN.
N _*� SUZANNE KING MOHWSONV f/ {
•, : MY C4IggpN EXPIRES
,. 2Z 2014 �.
Nora
THE STATE Or
COUNTY OF §
This instrument was acknowledged before me on the day of ,20 , by
Notary Public
0,5,PrITIVY4 ZMPNOIIIESRCISTSItE RENTAL O1OSEOfMEOE9 CA18I L
MOWN iEf.S?'%tf,ti WEISKt4;.LND1rDK'CE+rtElGt[@iFMUrt
0 The City of West University Place
A'cigI7bO J1'x)+Cd
NOTICE OF ZONING BOARD OF ADJUSTMENT HEARING
The Zoning Board of Adjustment("ZBA") of the City of West University Place,Texas ("City")will hold
a public hearing in the Municipal Building, 3800 University Boulevard, City of West University Place,
Texas 77005, during a meeting set to begin at 6:30 P.M. on October 27, 2016. The hearing may be
recessed and continued to a ZBA meeting set to begin at 6:30 P.M.on November 17,2016. 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 Drive,West University Place, Texas 77005
Legal description of the site: 0.195 (8.507 square feet) of one acre tract of land situated
in the Allen C. Reynolds Survey, Abstract Number 61,
Harris County, Texas also known as Tract 4A, Block 2,
Evanston by HCAD records.
Docket No.: 2016-00017
Applicant: 5404 Kirby, LLC/Kevin Hanratty/Fajitas A Go Go
Action Requested: Request for a variance from Section 8-104(a) of Appendix
A of the Code of Ordinances to allow the installation of a
street sign on the southeast property line facing Albans
Street and perpendicular to Kirby.
Additional Details: The owners of the Fajitas A Go Go are requesting a variance to allow the
reinstallation of a new sign at the current location on the southeast side of the property and perpendicular
to Kirby. Section 8-104(a) does not allow a sign at the corner of a major thoroughfare and residential
street to be oriented toward the residential street. Since Albans Road meets the definition of a residential
street,the sign should be oriented toward Kirby.
Applicable regulations include the City's Zoning Ordinance, Code of Ordinances, 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 and are posted on the city's website at
http://www.westutx.gov/287/Zoning-Board-of-Adjustment. 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 City Planner at 713.662.5893 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 and southwest entrances and specially marked parking spaces are
available in the southwest parking area.
Signed: Deblr%e.'ScarceUa't for the ZBA on October 17,2016.
Debbie Scarcella, City Planner,dscarcella(awestutx.gov 713-662-5893
TO
3800 University Boulevard I West University Place, TX 77005 I www.westutx.go,,
EXNICIOUS PHILIP&SUZANNE B ANDERSON JULIE C& JANSSEN KATHRYN T&GEORGE
2701 ARBUCKLE ST SHEPHERD G MAURY 2705 ARBUCKLE ST
HOUSTON TX 77005-3931 2702 ARBUCKLE ST HOUSTON TX 77005-3931
HOUSTON TX 77005-3932
PATEL NIMISHA BOURGEOIS KEITH A& KELLY B CORRIGAN ROBERT F&GWEN
MARU DIPEN 2709 ARBUCKLE ST 2712 ARBUCKLE ST
2706 ARBUCKLE ST HOUSTON TX 77005-3931 HOUSTON TX 77005-3932
HOUSTON TX 77005-3932
CURRENT OWNER DOOLEY LARRY CURRENT OWNER
2714 ARBUCKLE ST 2715 ARBUCKLE ST 2721 ARBUCKLE ST
HOUSTON TX 77005-3932 HOUSTON TX 77005-3931 HOUSTON TX 77005-3931
CURRENT OWNER SAMUELS BARRY I &CAROLE HEATHCOTT B EDWARD&
2724 ARBUCKLE ST 2725 ARBUCKLE ST HEATHCOTT RENEE
HOUSTON TX 77005-3932 HOUSTON TX 77005-3931 2729 ARBUCKLE ST
HOUSTON TX 77005-3931
CHRISTOPHER CHARLES VANCE & TARRANT BARBARA VESTEWIG ROBERT P
TRACY 2732 ARBUCKLE ST 2734 ARBUCKLE ST
2730 ARBUCKLE ST HOUSTON TX 77005-3932 HOUSTON TX 77005-3932
HOUSTON TX 77005-3932
DUGAN HEIDI A GARROU BLAIR MARSHALL HERZSTEIN RANDALL B
2735 ARBUCKLE ST GARROU AMY C 2706 TALBOTT ST
HOUSTON TX 77005-3931 2702 TALBOTT ST HOUSTON TX 77005-3952
HOUSTON TX 77005-3952
VIRATA ANNE R DEGHETTO SCOTT CRANE JOHNS&REBECCA F
FEELEY THOMAS W 2718 TALBOTT ST 2722 TALBOTT ST
2714 TALBOTT ST HOUSTON TX 77005-3952 HOUSTON TX 77005-3952
HOUSTON TX 77005-3952
DROUBI DANNY& LAUREN P LOYER EVELYNE M &GERARD COOPER KEITH L& KATE
2728 TALBOTT ST 2730 TALBOTT ST 2736 TALBOTT ST
HOUSTON TX 77005-3952 HOUSTON TX 77005-3952 HOUSTON TX 77005-3952
BISHOP JAMES AND MEGAN M
MURPHY BISHOP TRUST
2719 ARBUCKLE ST
HOUSTON,TX 77005-3931