HomeMy WebLinkAbout10272016 ZBA Agenda Item 3 Memo
To: Zoning Board of Adjustments
From: Debbie Scarcella,City Planner
Date: October 24,2016
Re: Staff Report for Docket 2016-017
Variance Request
The applicant in Docket 2016-07,5404 Kirby,is requesting a variance from Section 8-104(A),of Appendix"A"
of the City Code of Ordinances to allow a sign to face a residential street.
Background Information
The building site at 5404 Kirby Drive is located in a Commercial(C)zoning district at the intersection of Kirby
Drive and Albans Road. The building site previously housed Subway Sandwiches and has recently been
remodeled and renovated as the new home for Tacos A Go Go. There was a pole sign located at the southeast
comer of the site which had acquired prior nonconforming status. The sign was removed during the
course of
renovations and when the sign was removed,prior nonconforming status was lost. The requirements in Chapter
6 of the City Code of Ordinances limits where a ground sign may be located on a building site. The applicant
would like to locate the double faced sign where it was located previously and the sign will be perpendicular to
Kirby Street so that one face is oriented south toward Kirby and the other face toward Albans. The applicant
received a variance from the Building and Standards Commission at their last meeting for the location of the
sign.
Staff Response
Section 8-104(a)of the zoning regulations requires that on a building site located at the corner of a main
thoroughfare and a residential street,the front entrance,curb cuts,driveways and signs be oriented so that they
do not face the residential street. Kirby is defined as a major thoroughfare and Alban is a residential street. The
pole sign will be located on the opposite side of the building site from Albans,but will face Albans.
Staff believes that the ZBA has generally the authority to grant variances,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.
5404 Kirby Dr Page 1
Section 8-104.-Non-residential sites and buildings.
(a)Buildings, Entrances, Etc . If a building site with a non-residential use abuts both a residential street
and a major thoroughfare,none of the following may face,or be located adjacent to,the residential street:
(i)any building on the site,(ii)any primary entrance to a building, or(iii)any structure or device
designed to provide goods or services. On such a building site,no sign,driveway or curb cut may be
oriented toward,or connected to, a residential street. Exception:This does not apply to temporary
driveway access authorized by a special city permit, if the permit is issued in connection with nearby
construction or other temporary conditions. Such a permit may not have a term longer than two years,
may not authorize destruction of any large tree(see Code of Ordinances)and must require restoration of
the affected driveway area to its pre-existing condition.
Residential street.Any street,other than a major thoroughfare,abutting a given building site where,within
200 feet in either direction along both sides of the street(measured from the side property lines of the given
building site),51 percent or more of the property fronting on either side of the street is within a residential
district.
•
0 City of West University Place
APPLICATION TO THE ZONING BOARD OF ADJUSTMENT OF THE
CITY OF WEST UNIVERSITY PLACE, TEXAS ("CITY")
Address of site: cZ-/ot f kr(1(3 ar„vg, att'S`rt/41, % -7-7�U5
Legal description of the site:lieorci 41 A-i A 5 5A rr cfr- C.c. 'QC_. Q'C`t vi dl 5-`'Ev.e y
Applicant: 54 04 ic i Rf3 tA !_LC.
Address: 540t...1 )4.14,4,1 Or ,✓rkw, , -rte '7-)005-
Contact: :n tA`tn 4-1 /Phone:1 i 3-5726 -- Fax:'71'3 _5'�r 3— Email: gevi ri e..,_
�,4.7 q h ra c is ' �9b`g A 45-r'ou,�. 0 Rr-j.
Decision or Action Requested(check one or more and provide requested data): c dfr)
( )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:
SL�c-rtc•A/ 2"''1014 C4,
(v1 /ariance.
• Exact zoning ordinance secti m from which a variance is requested t' '' Q- S
• Exact wording of variance requested 5 Cl- P(C K&.-0 i
Other Data. Are there drawings or other data? (1 No (les(list items here and attach them)
t. Pr J - o-C cft.,,,.r/sL•;p — i; -le- pot.c1
2, Svrvtc- 43.0 PrvP e
rN G , Let ~s 5-1 '1A'
-5. Prose° L RO\
-1. PicIvf,2--
Attached. The applicant has read the State and City regulations attached q
Signature of applicant. .ice► `"Date t1 -2 / -l6
For Staff Use only Date filed: 04,440 Date heard: /0-- g—/fpocket##: 16 — MIT
ion',Z3A-102 i,'.wter.ir.. -
Form T-1: Owner's Policy of Title Insurance(Rev.1/3114)
If you want information about coverage or need assistance to resolve complaints,please call our tall 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 Wide Web site aC
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 property 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) My statutory or constitutional mechanic's, contractor's, or matenalman'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:
fi c �T i title guaranty company
Matt Morris
President and CEO
Stewart Title Guaranty Company 1t
1980 Post Oak Blvd.Suite 810 •• s '
Houston,TX 77056 // /' /
Agent ID: 43A040 tt # /,
•
'rx►�✓
,r° Denise ux
Secretary
File No.: 14000331038
Page 1 of
Policy 0-5966-000020447
Serial No.
Form T-1 Owners Policy of Title Insurance Sch A(Rev.1/3/14)
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 Alien 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 ai, 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(Ali 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 Grd 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 come'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 comer 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 GUARANTY COMPANY
Page 1 of 2
Form T-1 Owner's Policy of Title Insurance Sch A(Rev.113114)
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 112 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 line 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
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Proposed Wording for Variance Request
Applicant requests that a variance be granted to allow it to install its street sign to be perpendicular to
Kirby instead of facing Kirby.
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 perpendicular to Kirby(as
opposed to facing Kirby),it is in conflict with Section 8-104(a)which states that"no sign,driveway or
curb cut may be oriented toward...a residential street".
We believe that a variance is appropriate for the following reasons:
1. If we had to face the sign to Kirby,then we would have to move the sign to the Albans side of the
property.This would be bad for the neighborhood and a hardship for a number of reasons,including:
a. It would 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 from Albans.
b. Keeping the sign on the southern boundary preserves the residential nature of Albans Street
since it would be much further away from a residential street.
2.A sign facing Kirby would cause a hardship to us because facing the sign to Kirby would use a parking
space,which would cause us to be under the minimum required parking spaces.
3.Orienting the sign to face Kirby would be unsafe.We are concerned that if the sign faced Kirby,
drivers would not see it in time and would slam on the brakes and try to make a quick turn into the
property,thus causing more unsafe conditions.
4.The sign would face the same direction as the neighboring signs, including the new veterinary clinic
sign,thus keeping uniformity along the street.
5.The neighboring property owners are in favor of the Variance.
6.Aesthetically speaking,having the sign facing Albans is much more visually appealing for the
neighborhood.
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, ..
`' .a. f.
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 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 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 ta3teful way
that enhances the neighborhood.
Thank you for your consideration.
Sincerely,
ts-76.1
Chandu and Molly Chilakapati
2616 Albans
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
ANIMAL
MEDICAL
,, CENTER
OF THE 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,
WI%
Dan Jordan, DVM
Owner
Animal Medical Center of the Village
5406 Kirby Dr—Houston TX 77005
Ph:713-524-3800
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0 The City of West University Place
f l l\citihbot hcxxi(in
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: Deb&e,Sca. cell.a.,for the ZBA on October 17,2016.
Debbie Scarcella, City Planner, dscarcella(awestutx.gov 713-662-5893
WORK
PLACES
relli I I I 11111 7"OP'
3800 University Boulevard I West University Place, TX 77005 I www.westutx.gov
BAKER STEWART&JULIE SHARIFF CELINA C& FEISAL CASTRO ALICIA& DAVID M JR.
PO BOX 980338 2627 ALBANS RD 2618 SUNSET BLVD
(C/O 5320 KIRBY) HOUSTON,TX 77005-1307 HOUSTON,TX 77005-2440
HOUSTON,TX 770098-0338
ESTRADA ANA HLS PROPERTIES, LLC DAN JORDAN, LLC
2622 SUNSET BLVD 4612 HUISACHE ST 5406 KIRBY DR
HOUSTON,TX 77005-2440 (C/O 2610 SUNSET BLVD) HOUSTON,TX 77005
BELLAIRE,TX 77401-5116
RICHARDSON RANDALL S& KARA SENDOS SENDASAPERUMAL N & SHOR BRIAN &CHELSEY
2619 ALBANS RD LAVANYA 2620 ALBANS RD
HOUSTON,TX 77005-1307 2623 ALBANS RD HOUSTON,TX 77005-1308
HOUSTON,TX 77005-1307
CHILAKAPATI MOLLY E &CHANDU V MY FIT FOODS
2616 ALBANS RD UBREAKIFIX 5410 KIRBY DRIVE
HOUSTON ,TX 77005-1308 5318 KIRBY DR HOUSTON,TX 77005
HOUSTON,TX 77005
SMOOTHIE KING ORIGIN BANK BANK OF AMERICA
5410 KIRBY DRIVE 5324 KIRBY DRIVE 5500 KIRBY DRIVE
HOUSTON,TX 77005 HOUSTON,TX 77005 HOUSTON,TX 77005
MATTRESS FIRM BROOKS AUSTIN &COURTNEY ARIA PARTNERS
5320 KIRBY DRIVE 2624 ALBANS RD 6425 BROMPTON RD
HOUSTON,TX 77005 HOUSTON TX 77005-1308 (2616 SUNSET BLVD)
HOUSTON,TX 77005-3901