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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. ,..T t''r. f C 1S, Ir 1 .:-; City of West University Place cii) APPLICATION TO THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS ("CITY") lc xt" 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 _.. ,�,- P1 CCWC. FWD. wa 4 L. • LLB. 1 8 a $ 0 • in 11110 STORY FltAILE 0 ri x ii , V1 fit! 10.4' B.0' :MMI:MMIW it LOT 15 A, illrairrAlr 16.3' Garage(original to home) I LOT 16 GARAGE 26"Mature Ash tree 14.3' s '"` P P s' U.E. NCL. 901. PG. 527 RtLGD.R.)+ —tr- � 1W WEST MOO' FND. 5/8' k LOT6 1 LOT5 Figure 2 , . , ii ( : F----- „,„, • le — ay ,„ `\ View south down driveway of garage *ay�: ' r - -''. : r Utility pole jines { .. .0, ..- , a- _ i$ Nr 1 • iliiii kmiii , rotten wood—Fig 3A i _..1. I , ..,,,,,1 rotten door and frame—Fig 3B n,9 , View of garage's northern wall, with significant rot. Utility lines in background. Figure 3 i,...,. .---....:.,..:74:, '.: .%".. _ . iiiikiot , , . rC...., , a -111..oe "'44 tt, ?ve ag F �yMlM7�i E Rotten door 1 1 t qua The wooden garage is rotting, bath . �,, the wooden siding(photos A, C)and the frame (photo B), which causes mow;' - the door to slump (requiring the lock �-. to be moved every year or two). Unsound, slumping doorframe ~ r :-,1 f` rye 'mil.ifil V - �J i E N. Hole in alb at E Oh+uhi p ; Figure 4 A- C Frayed "Ilt 1 ' wires Flooded . The garage's cracked foundation B :,' allows frequent flooding during --i-- 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 - . , ;. 2-6 of v'atEer co\.ers garage floor , E Note: Panorama dist,A " -ngles ` I Am 1. V Cracks � - Garage floor has dried completely, leaving dirt and debris Cracks Figure 5A A rt R. Lic.ict.. A. U Cr- (80r ROW.) • 2005 property survey RD. P.K. 1M1L EAST 50.07 Di CONC. FM. 5/5 ...........4„.. 50.0' . • • . ;,..... • r A • 4 ■ i . . . .. 14. 4 4. g k A A 4.• •P. ) . .•.. •. t I g A WO STORY In FRAME el ti- A 4 h II # .. N 4 - 0.4' 111( 80 F . 14 To P. r1 • 36: g LOT 15 CNE STORY 1" FRAME /.1 LOT 16 11 id GARAGE .S. I 15.3' .P.P To et .E.5' U SOL PG. 527 li.C.O.R.) IS 11 11 # Rill lout, WEST 5001 R4D. 5fty 1016 ‘ LOT 5 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 •' • gas meter, gas line, doors, • and driveway gate (all red). Drive ay ate �� 3' easement (black dots). no " Utilities noted in blue. k _-4 S e a French m oors lid A • If /0„, N A . a .. 1:04: Back 10.4' ao' •or LOT 15 r- �- A / J 5..,3 I 0 LOT 16 r 1 1 I 25��Ash 1 _ Gas meter t ��P.P i 5' U.E.art {VOL 901. G. 027 H.c.D.R.) tr'iL....1fL'1ti5L ,' WM 50.00' FNO. 5/8' k LOT 6 '' LOT 5 Utilities(gas main, electric, and phone/cable) 10' 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 `'� a • . Back 10.4• as • Interferes with electrical Door p,, box (blue) I E "r .11•.11111111. .Iw.r. LOT 15 . 1r v,♦ 1. �� Br f J r a ONE s�!r i; LOT 16.84 t i I 26"Ash 1 .. i Gas meter P P. U.E. .� ♦ (VOL OE 901. PG. 627 e.DA) .'/ .,1./ \ir• WEST .SAO' ENO. 3/e' LOT6 LOT 5 Utilities(gas main, electric, and phone/cable) 10 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 �� � •or box (blue) . rrii -,-,.L—. . , sm.■ � '4, I / ► • 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 t Gas meter % _L '_ _ ■ p I 5' U.E. 4� R 'p CAL 901. I�GDAj• .1 MST 50.00` FWD. 50 k 1016 LOT5 Utilities(gas main, electric, and phone/cable) 10' 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. A dt °=° Fred' q 0 I �-- p w B Gate _ :. PI ,i; r fill t, per 3rr +. looking port � a B -., 11 , , 4t,` .. Note: Panorama distorts,angles -N, ..f.A , 3' easement 1 .r beside garage < > 18' g, 14' 4" (wall to fence) a � i 13' 11' (electrical box is 13'6") C ,. . `, . ,:t ote: Panorama distorts angles„,e ., _.,,,,:, ''' 4.4.1., 1,, , 4 • 3 x. — 4046* ,L!!!” ° .4:, ''' ',...t-19*-, 1p , 41p- .‘Q - 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 1,-, c. ./' i 1 ..... • A ...... ....d. i * S 4, 1...(1' li / t GERARE' J DUHON I rt .o'; tom' 3j 1{ Attachments: ! photo page with 2 photos Engineered Foundation. SoCatttons Page 2 ..Si$ . -... —•w aka...: R 4 Photo v Photo 1:Front 2: Interior ele of ation garage of garage r �'° z & 3' ! gw !lljjjjV Q,rY. } . { ''`Y'yRC Mera 4 t 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 TT '.'''''' 1 . ,-,,, , or ,, ,ii,!‘,...,,-',, , ,,,t / Kelly Best Bourgeois ; � e '; ,ate a4" ° t j4 te f a * ., r 4^...,, '4 '',„!, 0:.,4:7 1.2:.,t,.1. s "4 r +w. u- '' f '''''''''.. 4' )-' 4 ' '1:4 4:‘";;I::*':.1.:*"..\.4::":',.1 i'.4''' A a Bt-ic-KL 4 ° 6> .... _ ..., (60. R...w.) ... m PAD.PK NAIL EAST 50.00' o. 1/21.R. IN EOM END.5/131.R. -,4, •. / --) 50.0 . .. - ir• k , . - 1. 4 t, . If • I - - 41.412 _ -- 4... q§ . < A •. g v 't. - • f 4 Mq 1 ( 2AV .4, - .."- kj..,,,,_-, --a 61(1 li A • vr A 4 I TWO SMRY FRAC - .1 4 /4 S k... , 1 t s /{) ir 0 4, \ 14 ; (Q7 , 10.4* ad z`.., 11111111rr.1171111111% ' 1111111iiiiWAL , . • MEW IM'Allr LOT 15 . I ..A. =IP' LOT 17 i . 0€son. , El tn LOT 16 .; GARAGE !-S T`. ICY - - - - ---- P.P b as V U.E. (VOL 901. PG. 627 ti.C.D.R.) Oa wrut WEST 50.00' FND.5/61.1t. t LOT 6 LOT 5 LOT 4 ' ETTST,6 77' A44.1V2BLE oREETECCAT. CnereADIS LISTED 04 mar Ho. I. scHEDLR.E "B" OF ITE.:=10‘016rt=MD.er castscaug..wi LOW 77115.. CO. LAICOR G.F >+0. 0136431 Ø S S 14CIF In KIRCE at lie CITY OF REST UNTYDISTY PLACE. TEXAS- -1 SEiteD LINES PEit __ DATED 934-27-5,1 NO LOKGER Dl ACTINE. 46:, ArrATE SARE-Art MD IMIN1 ZOOM DOES Azor LOCATED D4 STREET SUI---- ---417'VS"COI 6F IEST OfOXERSIY FLAX. PUBIC MRCS DEPT.) Lc". ' mg. WOO Oct A.VFASKO1 OF SOZLECT TRACT 6 PRCPOSED Ate alEaSETA at OS EXIOMERKritRuhL JURSITCDON, A.,tmaz twat:Me camaramirts so AppLy PER cm OF HOUSTON CR:MANCE& ViCITACZX&I UL CCIFVUPTE. A-.REARMS SmOINt AGE REFERENCED PER RECORDED PLAT OF SAID SUBDPASION, T 11.4..., SECBONF TB 7 BELLE-COURT - Lt.Pr"10 =VIE OWOOMVICOL SURVEY - SCALE. 1"=20' game 04-Is-olAv FINAL CHECK. 04-24-01/AT ,1.1111”"ilirillilliiirin l al r 4. s, .,,, :1,4 KEY MAP: 532-G ° 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