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HomeMy WebLinkAbout01262017 ZBA Agenda Item 2 Memo To: Zoning Board of Adjustments From: Dave Beach,Public Works Director and Debbie Scarcella,City Planner Date: January 23,2017 Re: Staff Report for Docket 2017-01 Applicant's Request The applicant of Docket 2017-01,3756 University Blvd.,requests a variance granting a variance to allow new shade structures over existing bleachers located in both the side and front yard setback and to allow additional accessory structures exceeding the allowed limit in a residential zoning district. Background The property at 3756 University is in a Single-Family 3 (SF3)zoning district but has been used since the 1940's as a school site. A portion of the site has also been utilized as Little League Fields and in 2004;the school district(on behalf of the Tri-Sports Association)obtained a special exception authorizing the structures that are currently there through granting Prior Nonconforming status. A copy of the decision is attached. The school district has authorized Tri-Sports,through David Crowe,to act on their behalf for this request. The applicant requests a variance to allow two covers over the bleachers located on the field at the corner of Auden and University,which will encroach into the side setback on the Auden side and the front setback on the University side. They are also requesting a variance to exceed the number of accessory structures allowed in a single family zoning district. Staff Response Table 7-2 of the zoning regulations establishes setbacks for each building site. Existing bleachers and a concession/press box structure encroach into the side and front setbacks and were authorized by a LBA decision in 2004. The applicant is requesting a variance which would allow them to construct two 20'x 45' shade structures over each set of bleachers. A variance is required since the structures did not previously exist and were not included in the 2004 decision. In addition,Table 7-4b limits the number of accessory structures on a building site in a single family district to three. The site currently houses numerous accessory uses and structures. 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. State law requires the board find favorably for the following: (a)that the variance is not contrary to the public interest; (b)whether due to special conditions, a literal enforcement of the ordinance would result in unnecessary hardship to the property owner; and (c)whether by granting the variance spirit of the ordinance will be observed and substantial justice will be done. 3756 University Staff Report Page 1 (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. 3756 University Staff Report Page 2 APPENDIX A-ZONING ORDINANCE § 7-101 General Rule:No part of any structure may be located within a part of a building site included within a yard defined,by District,in this table.("N/A"means the rule does not apply.)Excep- tions/Special Rules:(1)Structures may be located in yards to the extent allowed by the Projec- Table 7-2:Yards tions Schedule.(2)See special rules noted in table.(3)See PDD Schedules for Planned Develop- (or'setbacks') ment Districts.(4)See additional setbacks in the PWSF Schedule. Item Measurement SF-1 -2 SF-3 TH CR-1 _GR-2 C TCC Front yard Distance from 20 feet if the building site depth is 110 10 ft. 20 ft. 30 ft. 10 ft.See front street feet or less;25 feet if the building site See Note See Note 7 See Note 9 line. depth is more than 110 feet but not 7. Note 5 more than 125 feet;30 feet if the building site depth is more than 125 feet.See Note 5. Interior side Distance from Greater of 10%of building site width 5 ft.See Notes 4.1 and 4.2.See 5 ft. yard side property or 5 feet.See Note 2. Note 7. See Notes 4.1 and line(each side). 4.2. Street side Distance from Greater of 10% Greater of 10%of 10 ft.See Note 7. 15 ft. See Note yard side street line. of building site building site width 9 width or 5 ft. or 5 feet.See Notes See Notes 2,3, 2,6. 6. Rear yard Distance from 20 ft.See Note 1. 20 ft.See 5 ft.See Note 7. 5 ft. 25 ft.See rear property Note 7. Note 9 line. SF Distance from N/A N/A N/A 20 ft.See Note 7. 10 ft. N/A Bufferyard nearest part of an SF District. Note 1. Through Lots or Building Sites or Rear Through Lots or Building Sites. If a lot or building site extends all the way through a block so that the front and rear both abut a street area,there is no rear yard.The site is a"through"or"rear through"lot or building site,and is considered to have two front yards,one at each street frontage.Front yard(setbacks)shall be as provided in Table 7-2. Note 2. Narrow Site "3/7"Exception. Alternate side yard areas apply to a building site meeting all four of the following criteria:(A)The building site is less than 55 feet wide.(B)The use is single-family(detached)use. (C)Outside the rear yard,no main wall surface of any building is closer than 10 feet to any main wall surface of a"prior building"on another building site(unless there are"prior buildings"on both sides,each within seven feet of the property line,in which case the minimum separation from a"prior building"is eight feet). A"prior building"is a building in existence,under construction or covered by a current building permit when a building permit is issued for the subsequent building.(D)The owner has designated alternate side setback areas in a form approved by the administrative official and in accordance with all of the following criteria: (1)Minimum setback,interior:3 feet.(2)Minimum setback,street side:5 feet.(3)Minimum setbacks,both sides combined:greater of 10 feet or 20%of the building site width.(4)On each side,the setback is uniform in width along its entire length.See Table 7-5a regarding"alternating driveway"rule. Note 3.Rotated Corners.For rotated corner building sites(SF-1 District only),the minimum side street yard width is:(i)10 feet if the building site width is 65 feet or less,(ii) 10 feet plus the distance by which the width of the building site exceed 65 feet,if the building site width is more than 65 feet but less than 75 feet,(iii)20 feet if the building site width is 75 feet or more but less than 100 feet,or(iv)for building sites 100 feet wide or more,the side street yard width is determined by the same rules as the front yard depth,except that the "depth"of the building site is measured from the side street line. Note 4.1.Common Walls. In the TH,GR-2,C,and all PDD-TH districts,the ZBA may issue a special exception for a zero-width side yard,but only upon application by both property owners and only if the special exception is conditioned upon the construction and maintenance of a common wall or continuously abutting separate walls(in either case with a four-hour fire rating or better)along the property line.See,also,Note 7,below, for QMDS. Note 4.2. Common Walls in New Townhouse Construction. In all PDD-TH districts,where new townhouses are concurrently constructed on two or more abutting building sites along a block face,zero-width side yards are allowed by right wherever a common wall or continuously abutting separate walls will be constructed and maintained(in either case with a four-hour fire rating or better)along the property line.On each building site that contains the end townhouse in a row of attached townhouses on abutting sites,the interior side Supp.No. 25 CDA:33 § 7-101 WEST UNIVERSITY PLACE MUNICIPAL CODE yard requirement,or the street side yard requirement for a corner site,shall apply along the side property line where a common wall or continuously abutting separate walls will not be constructed. See,also,Note 7,below,for QMDS. Note 5.Major Thoroughfares.The ZBA may issue a special exception for a front yard less than 30 feet deep abutting a major thoroughfare, if the front yard prescribed is at least 10 feet deep, and if the special exception requires the greatest practicable amount of pervious area in the front yard. Note 6. Special Exception. The ZBA may prescribe a different street side yard by special exception relating to frontage. See Article 8. Supp. No. 25 CDA:34 APPENDIX A-ZONING ORDINANCE § 7-101 General Rule:No part of any structure may be located within a part of a building site in- cluded within a yard defined,by District,in this table.("N/A"means the rule does not apply.) Exceptions/Special Rules:(1)Structures may be located in yards to the extent allowed by the Projections Schedule.(2)See special rules noted in table.(3)See PDD Schedules for Planned Table 7-2,cont. Development Districts.(4)See additional setbacks in the PWSF Schedule. PDD- PDD- PDD- PDD- PDD- PDD- PDD- PDD- Item Measurement SF1 SF2 THI TH2 --TH4 TH5 TH7 Cl Front yard Distance from 20 feet if the building site depth is 10 ft.See Note 7. 20 ft. 5 ft. front street line. 110 feet or less;25 feet if the building (Mercer (Bellaire site depth is more than 110 feet but Street) Blvd.) not more than 125 feet;30 feet if the building site depth is more than 125 feet.See Note 5. Interior side Distance from Greater of 10%of building site width 5 ft.See Notes 4.1 and 4.2. 20 ft. N/A yard side property line or 5 feet.See Note 2. See Note 7. (south (each side). property line) Street side Distance from Greater of 10%of building site width 10 ft.See Note 7. 10 ft. See yard side street line. or 5 ft.See Notes 2,6. (Bisson- Note 8. net) Rear yard Distance from 20 ft.See Note 1. 20 ft. 10 ft. 20 ft.See Note 5 ft.(west See rear property See See 1. property Note 8. line. Note Note line) 1. 1. SF Distance from N/A 20 ft. 10 ft. 20 ft.See Note N/A See Bufferyard nearest part of an See See 7. Note 8. SF District Note Note 7. 7. Note 7. Yards In QMDS. In a QMDS,yards are only required around the perimeter of the subdivision and are designated by the subdivision plat. See definition of QMDS. Standard projections into QMDS yards are allowed per the Projections Schedule. In addition: (a) Front yard(GR-1 or GR-2 Only):A principal building with an internal access garage may project as close as 10 feet to the street area if,in the projecting part:(a)there is a first-floor porch or with at least 80 sq. ft. of floor space(open or screened)and no dimension smaller than seven feet;(b)above the porch or court,no more than half the usable floor space is enclosed(coverings and other floor space, including open or screened porches,are allowed above all the porch or court);(c)the cornice height does not exceed 27 feet;(d)there are no more than 2.5 stories;and(e)there is no garage space. (b) Front yard:Bay windows,canopies and balconies at least 18 inches above grade may project up to 24 inches beyond the principal building. Steps and handrails may project up to 30 inches beyond the principal building. (c) Rear Yard and SF Bufferyard.Buildings up to 10 feet high(measured from finished grade to top of roof plate)may project,but not closer than 10 feet to the property line. Note 8. Yards in PDD-C1. In PDD-C1,the yards and street lines are as follows,notwithstanding other provisions of this ordinance:(i)The rear yard is the area within 20 feet of the rear property line(the line farthest from Bellaire Blvd.)of any building site,and for this purpose,the said rear property line shall be not in excess of 120 feet from the north right-of-way line of Bellaire Blvd. Exception:The rear yard upon Lot 2,Block 35, Colonial Terrace Addition(also known as the south 140 feet of Tract 9,Cambridge Place)is the area within 40 feet of the rear property line of said lot, said rear property line being located 140 north of the north right-of-way line of Bellaire Blvd.(ii)The street side yard is the area within ten feet of any side street line where the street area is 50 feet or less in width,or within five feet of any side street line where the street area is more than 50,but less than 70,feet wide.(iii)The front yard is the area within five feet of the front street line (which is the common boundary with Bellaire Boulevard).Any area outside of a building line established by ordinance or by recorded plat is considered part of the corresponding yard. Supp.No. 25 CDA:35 § 7-101 WEST UNIVERSITY PLACE MUNICIPAL CODE Note 9. Yards in TCC. In TCC,the front street line is designated as the common boundary of the building site and the Edloe Street street area.For building sites with a side street along Rice Boulevard,the side yard shall be zero feet.For building sites with a side street line along University Boulevard,the side yard shall be five feet.The rear yard may be reduced by any future reduction in the width of the utility easement along the Poor Farm Ditch. r Supp.No. 25 CDA:36 § 7-101 WEST UNIVERSITY PLACE MUNICIPAL CODE General Rule:Every structure must conform to the applicable regulations shown,by District,in this table.("N/A"means the rule does not apply.)Exceptions/Special Rules:(1)See special rules noted in Table 7-4b:Buildings table.(2)See Article 9 regarding Planned Development Districts. Item Regulation 1SF-1 _SF-2 SF-3 _'TH GR-1 GR-2 C Dwelling Maximum One,plus one accessory quarters 17.5 per Two 21 per acre. See Uses N/A units number per (AQ) acre.See table and building Note 9 Art.9 site Framed Maximum 80% 100%See Note 4. N/A area,all area as a buildings percentage on a build- of building ing site site area Length or Maximum N/A 130 feet.See Note 3. N/A width,any horizontal building dimension Exterior Type N/A Must be of equal grade and quality,all sides.See Section 8-104. materials, any build- ing. Separation Fire-rated N/A A four-hour fire wall,or its equivalent,must sepa- N/A of DUs wall rate adjoining dwelling units.See Notes 3 and 5. SF privacy See Note 8. N/A Applies. N/A protection Accessory Maximum Three N/A buildings number per See Article building 10 regard- site ing garage space. Height, 25 ft. 35 ft.See 35 ft.See maximum Note 2. Notes 12 and 13. Principal Stories, Two and one-half. Three. See Note 6. N/A Two buildings maximum See Article Height, 35 feet;25 feet in rear yard.See Note 1. 35 ft.See 35 ft.See 10 regard- maximum Note 2. Notes 12 ing garage and 13. space. Minimum 1,400 square feet,if used for residen- 1,200 sq. 750 sq.ft,each DU 1,400 sq.ft. gross floor tial purposes ft.,each area DU. Width, N/A 16 ft.,each N/A But see QMDS N/A minimum DU. Schedule. Height and See Note 11 N/A Applies screening of rooftop mechanical equipment Note 1.Antennas and Chimneys.Roof-mounted radio or television antennas on a principal building in a residential district may project up to four feet above the roof.The maximum height of chimneys attached to a principal building is the greater of 35 feet or four feet above the roof. Note 2.Height In C District.In the C District,no part of any structure(except a fence)may be higher than the horizontal distance from that part to the nearest part of an SF District. Note 3.Building Detail, TH,PDD-TH and GR Districts. To separate buildings,there must be open area at least five feet wide maintained so that firefighters with hoses could pass through. Supp.No.25 CDA:42 i APPENDIX A-ZONING ORDINANCE § 7-101 Note 4. Framed Area In QMDS. Allowed square footage for a given building site is calculated by multiplying the allowable percentage by(a)the building site's area plus(b)an allocated part of any common use areas in the same QMDS(e.g.,access easements,private streets,alleys,reserves,etc.that are not part of a building site).The allocated part is proportional to the building site's area divided by the area of all building sites in the same QMDS. Note 5.Building Code.Separation requirements are in addition to other requirements of building codes and other ordinances.See Code of Ordinances. 7 Supp. No. 25 CDA:43 § 7-101 WEST UNIVERSITY PLACE MUNICIPAL CODE General Rule:Every structure must conform to the applicable regulations shown,by District,in this table.("N/A"means the rule does not apply.)Exceptions/Special Rules:(1)See special rules noted in ta- Table 7-4b,cont. ble.(21 See Article 9 regarding Planned Development Districts. Item Regulation PDD-SF1 1PDD-SF2 PDD-TH1 PDD-T112 PDD-TH4 PDD-TH5 PDD-TH7 PDD-C1 Dwelling Maximum One,plus one AQ 17.3 per acre.See Ante 9 One plus units number per one AQ building site Framed Maximum 80% 100%.See 100%for 100%.See Note 4. N/A area,all area as a Note 4. all dwelling buildings percentage types other on a build- of building than TH; ing site site area 125%for TH.See Note 4. Length or Maximum N/A 130 feet.See Note 3. N/A width,any horizontal building dimension Exterior Type N/A Must be of equal grade and quality,all sides.See Section 8-104. materials, any build- ing. Separation Fire-rated N/A A four-hour firewall,or its equivalent,must separate adjoining dwelling of DU's wall units.See Notes 3 and 5.See also Note 10(PDD-TH7 only) SF privacy See Note 8. N/A Applies.See Note 8.See also Note 10(PDD-TH7 only) N/A protection Accessory Maximum N/A 3 N/A buildings number per See Article building 10 regard- site ing garage Height, 25 ft. 35 ft.See space. maximum Note 2. Principal Stories, 2 and one-half 3 N/A buildings maximum Height, 35,25 in rear yard.See 35.See Notes 1 and 7. 35 maximum, Note 1 in feet Minimum 1,400 each DU 1,200 each DU 1,600 each 1,300 gross floor DU area, square feet Width,feet N/A 16,each DU N/A (min,),out- side to out- side Height and See Note N/A Applies screening 11. of rooftop mechanical equipment Note 6.Height in GR-1, GR-2.Principal buildings in GR-1 or GR-2 Districts may be three stories high,but subject to the lower height limits prescribed for projecting spaces.See Table 7-2,Note 7. Note 7.Certain Projecting Buildings.Special height rules apply to buildings projecting into yards.See Tables 7-2 and 7-6. Note 8. SF privacy protection.On a building site where this applies,there may not be a direct sight line from any"third-floor viewpoint"to any point in an"SF privacy zone."A"third-floor viewpoint"is any viewpoint on a"third-floor area"at eye level (six feet)or lower.A"third-floor area"is any floored area(indoors or outdoors)where the floor is 18 feet or higher.The"SF privacy zone"includes every point:(i)within 100 feet of the third floor viewpoint in question,(ii)on a building site in an SF District,and(iii)below 20 feet in height.See Figure SFP. Note 9. Calculation of DU's Per Acre.In a QMDS only,the total number of DU's is divided by the total acreage of the QMDS to calculate the number of DU's per acre. (4 Supp.No. 25 CDA:44 APPENDIX A-ZONING ORDINANCE § 7-101 Note 10. Spacing of Dwelling Units in PDD-TH7.Except where dwelling units are separated by common walls,the minimum distance between dwelling units shall be as follows:(i)No part of any dwelling unit may be closer than five feet to another dwelling unit.(ii)No window may be closer than 50 feet to a facing window to living space in another dwelling unit.(iii) Neither eaves nor balconies may be closer than 40 feet to a facing window to living space in another dwelling unit.(iv) Neither windows to living space nor balconies may be closer than 20 feet to any facing wall of another dwelling unit. Note 11.Rooftop Mechanical Equipment.In the C,TCC and PDD-C1 districts,any rooftop mechanical equipment,whether new or replacement equipment,shall be accommodated within the maximum building height limit and shall be fully screened from off-site and street area views through design and materials consistent with the overall design and colors of the principal building.This may include use of sloped roofs,a low parapet wall or other architectural elements that conceal flat roof areas where mechanical equipment is mounted,provided that all such building features comply with and do not project above the maximum building height limit. Note 12. Building Placement and Maximum Height in TCC. In TCC,the following height restriction shall apply:(i)Principal buildings shall be located in the front 60 feet of the building site and shall be limited to 2 stories and 35 feet in height, including any rooftop mechanical equipment.(ii)Accessory structures shall be located in the rear 70 feet of the building site and shall be limited to 35 feet in height, including any rooftop mechanical equipment. (iii)Any rooftop mechanical equipment,whether new or replacement,shall be fully screened from off-site and street area views through design and materials consistent with the overall design and colors of the principal building.This may include use of sloped roofs,a low parapet wall or other architectural elements that conceal flat roof areas where mechanical equipment is mounted,provided that all such building features comply with and do not project above the maximum building height limit. Note 13.Street Leuel Orientation in TCC.In TCC,the first floor of all buildings shall be at grade level.Elevated structures with open areas or parking below the second floor are not permitted. Supp.No. 25 CDA:44.1 08/20/04 3004 76 X857864 4 f70.0o City of West University Place A Neighborhood City Zoning Board of Adjustment ® Recycled Paper City of West University Place, Texas ("City") C� DECISION TO GRANT A SPECIAL EXCEPTION 1) Address of site: 3780 University Boulevard,Houston,Texas 77005 Docket#: 04-08 Legal description of the site:"See attached" ,,e Permittee/Applicant: Houston Independent School District j YX Decision or Action Requested: Request for a special exception to grant an extension of prior non-conforming('PNC) status to allow construction of a new structure(to replace existing dugout facility)including: parking,setbacks,use, quantity of accessory buildings and height of accessory structure. Notice, Hearing, Findings, Vote: (X) Required notice given by: Mail and on-site posting in accordance with Article 11 by Sallye A.Clark,Planning Assistant City of West University Place. rp (X) Required determinations have been made by the ZBA with respect to the special exception as granted below: (proposed Special Exception will not cause any significant increase in on-street parking; proposed special exception will not cause any substantial traffic congestion; proposed Special Exception will not cause any substantial increase in traffic; proposed Special Exception will not cause an unreasonable burden upon utility systems or m upon any other public facility or public service.) (X) Additional findings (if any): Granting a Special Exception for the proposed structure will not unreasonably interfere with available light and air and will not significantly alter access for fire fighting and similar needs. I (X) Hearing held on:July 15,2004 IV (X) The vote: Mark Plagens, Jean Howse, James Jordan, Dick Yehle and Richard Wilson voted for; no one opposed. Decision of the Zoning Board of Adjustment(subject to all applicable appeals): Under and subject to the City's Zoning Ordinance and applicable law,a special exception as requested in Article 12,Section 12-105 Special Exceptions to Extend PNC Status is granted for the site identified above subject to the following conditions: 1. This decision must be recorded in the Real Property Records of Harris County, Texas. The decision will go into effect once the decision is recorded and is in the Board's Office (do Secretary of the Zoning Board of Adjustment,3826 Amherst,Houston,Texas 77005),City of West University Place. 2. Per attached site plan This special exception is for an indefinite period unless a temporary period is indicated above. This special exception remains subject to the regulatory jurisdiction of the City, and it does not grant any property right or vested right of any kind. Effective Date&Appeals: This decision takes effect as indicated above. Any appeals of this decision are subject to and governed by applicable ordinances and laws, including: the Zoning Ordinance and Chapter 211, Tex. Local Government Code. Under Chapter 211, petitions for judicial review must be presented within 10 days after the date this decision is filed in the Board's office. 3800 University Boulevard • West University Place, Texas 77005-2899 • 713.668.4441 • www.westu.org • Page 2 ZBA Decision,Docket 04-08 (Special Exception) • By: IVO44411 Presiding Officl!' •ning Board of Adjustment •, State of Tex County of R/L 0 This instrument was acknowledged before me on (date) by Mark Plagens,Presiding Officer for the Zuni a a Board of A 'ustment. ' �/ 4r. `,, SALLYE A.CLARK vs:, Notary Pub S s Signature " —�- MY COMMISSION EXPIRES (Personalized Seal) '. �� R5 � 'AID" MAY 18,2006 4W III After recording return to: Sallye A.Clark N City of West University Place I 3826 Amherst Street (//Houston,Texas 77005 0) Phone#: 713-662-5843 V) \ • • • • • Title Report on a tract of land being the South Five Hundred and Thirty Six feet,more or less,of that city block bounded by University Boulevard,Auden Boulevard,Rice • Street and Edloe Avenue,being a combination of tracts more particularly described • herein below. Tract 1:5.311 acres of land,more or less,out of the A.C.Reynolds Survey,Abstract 61. 9 conveyed to Houston Independent School District by W.D.Haden and D.T.Austin by deed recorded In Volume 1108,Page 815 Deed Records,Harris County,Texas. a, Tract 2:1.468 acres of land,more or less,out of the AC.Reynolds Survey,Abstract 61,Quit Claimed by the.City of West University Place,in favor of Houston Independent School District,by Quit Claims Deed recorded in Volume 1119,Page 91 Deed Records,Harris County,Texas. ' Tract 3:1.221 acres of land,more or less,out of the A.C.Reynolds Survey Abstract 61, conveyed to West University Place Independent School District by W.D.Haden and D.T.Austin by deed recorded in Volume 733,Page 152 Deed Records,Harris County,Texas. o Tract 4:Lots 1 through 28,inclusive,Block'B'of South Side Place,Second Addition,(a cancelled Subdivision originally platted In Volume 572,Page 376 Deed Records,Harris County. Texas,and vacated in Volume 729,Page 276 Deed Records,Harris County,Texas).See Note below. 0 Effective Data:June 6,2004 • T Apparent Record Title Holder: Tracts 1 and 2;Houston Independent School District • di Tracts 3 and 4:West University Place Independent School District CO . r i ' 2 • I l I I • v ((� .. I c-) 1:13.t a C Lr%-,;-...� c 1\3 _ ` o i ; n \ I-' C CO • • . i 1 • RECORDER'S MEMORANDUM: l At the time of recordation,this instrument was I found to be inadequate for the best photographic • reproduction because of illegibility, carbon or - photo copy, discolored paper, etc.All blockouts, • additions and changes were present at the time the instrument was filed and recorded. v� m -U 1 Y Illy `r \ i n j',Z I --, .� - '•� __....__------...._. --I a-•-:_ .-----_.____._- , , 1. •,k, , \ .,)-',7. [ V2 1\4; , ••-... \ aM i' II- -- +- I I y i m/ i Q J _ �/ N �. / \ ANr PROMCII{ERIN"RN RFSTI CIS TIE SHE,REI M OR USE Or If DESCRIED REA. I PROPl3itT SEMI Or MCI OR ME 6 NVHID AN)V1E{EORCFASIE UNDO rEOEftAL M. THE STATE OF TEXAS C :tbuze.10,7FeFo...,:Ro:R.I.is FLEDhFNFI i Set�xnonM ..:„ elhFan 4�M O<khl►gie Rwrs J Rw1 fta Ntry tlt4rtim Why,Ton co AUG 2 0 2004 ' 1. `m COUNTY CLERK u, re-) HARRIS CUNTY,TEXAS 1 . • • { . l' s A =� 5 Ir• I v,_ J U.,i. A ' it, tss» 1-1'11 nt';lJ rf rggz I ? WEST UNIVERSITY : ! GARY R. CHANDLER P�` f ':_ i E ARCF-ftTECrU1tE AND INTERIORS 1 .l i !. !;I 1,Y LITTLE LEAGUE FIELDI-IOUSE 1 ; • S. i# !�iI II'•Iijc ?t, I mS:.U\5P1 W.W.I. Ni ; IiI I!! 111'Ii!; iN? WI•STUt�'!VERSITY,T( I ° o �o�tntrow iiI Zoning Provisions Plan Review Report BY Debbie Scarcella, City Planner Upon re-submittal of your plans insert any DATE: 11/18/16 corrected plan sheets into the CITY copy ADDRESS: 3700 University Blvd. (Ballfield address is 3780) set and fold over the corner of the obsolete plan sheet.Thus there will be a CONTRACTOR: Shade Structures Inc complete history of plans submitted on your project. CONTACT NUMBER: 214-905-9514 (fax) Thank you for your interest in building in the City of West University Place. We are sorry to inform you the plans submitted have been denied.The following list of items will direct you to the corrections necessary to achieve compliance with the codes and ordinances of West University Place.Should you have any questions please call 713-662-5834or 713-662-5893. The Little League Fields are located in a Single Family Zoning District and owned by Houston ISD. The Tri- Sports Association (on behalf of the youth organizations) leases the property from HISD. In 2004, major renovation work was done to the field at the corner of Auden and University Boulevard, including the backstop, dugouts, concession building (field house) and parking. At that time, HISD made application to the Zoning Board of Adjustment to obtain a Special Exception to authorize the new and improved uses. These uses had been pre-existing on site for some years and so had acquired Prior Non-conforming (PNC) status, which is a special kind of grandfathering of the noncomplying structures. The special exception authorized the new and reconfigured work and extended the PNC status to include the proposed work. The proposed shade structures to cover the bleachers are brand new and not replacements or refurbishments. Since the property is in a single family zoning district, the use was grandfathered. The structures built must still comply with the single family district regulations. Both sets of bleachers encroach into the setbacks-one on the front setback and the other on the side setback. Each of the shade structures is an accessory structure. The zoning regulations limit the maximum number of accessory structures to 3 per building site. The property was platted in 2005 to create one building site. This means the number of accessory structures has been exceeded. To obtain authorization for staff to be able to issue a permit, HISD must apply for a variance through the Zoning Board of Adjustment. There will be three requests: 1. Variance to encroach the front yard; 2. Variance to encroach the side yard; and 3. Variance to exceed the maximum number of accessory structures. The Zoning Board of Adjustments meets the 4th Thursday of each month. Since there is not a meeting in December, the next meeting date is January 26 and the deadline for application is January 5 at noon. If the application is successful and a variance is granted, then a permit can be issued. To help you through the application process, you may access a help packet on the city's website at http://www.westutx.gov/DocumentCenter/View/316. This packet includes the application, meeting and deadline dates, helpful information and general information regarding variances and special exceptions. If you need any help or additional information, please call 713-662-5843 or 5893. u�1 z.E Fw City of West University Place APPLICATION TO THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS ("CITY") Address of site: 3 756 01V v 5,2-11 Si_v b ( F15Lb 00,5.;/w�LL,,-., v56 37%o UN1 vohsiT'y ai-vii., Legal description of the site: 'R.153 A Bt._) _.. 1 Applicant: 64-417-5 r v/v/✓'4' 25/iy 4<i.«' L6/1Gv� .A-5 /55I5o .4 - 93 is7 /h/,,0, s Address: 376o u�i✓r1r: . v s,iy �L vA�. ; l,✓G�/ u„,,,,-6,5,J"`7 j'�'��. 'f)c 7"?oc:�.s- Contact:-DA v1 D C2,a...7 Phone: 7/3-87.5�6-Z9-f Fax:1/3.-,Gf(-6.5 4'o Email: cio.v,<1 crow @me,co,,A `or-1A•rr1/I.N )Z05$ 7/3 - 2.02.-35'71 7i3--663-6 S'fo 3ra. sewk Decision or Action Requested(check one or more and provide requested data): r�1 yr '` ( ) 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: ( cial Exception. • Exact zoning ordinance section that authorizes the special exception: sec%4- ©r 1 I- 7o0 ) • Exact wording of special exception requested: Se6c-1/rL i)c4-rM VV?."N -710 Aui it,zrs ivGv' n-r-' %o.nrt.0a, D vS,sts of Aa-&''5 WM/cld /lord Pl2- /ocSG 1 03 r?'i-,r0-6 e,�rC, s7,a- ( ariance. • Exact zoning ordinance section from which a variance is requested: /)-(7_T 1 C-LE // Scot-) //_`0O • Exact wording of variance requested: io W;(1-1/nrr"-s- -NI Lam-./C:-rco/K;y rno,,,i }'' -2j Z, - v-A-4-11•y✓c.6- 70 t A Ca.0Ar:t-/ s/)6 Y/>('-.1) 3, V/(c w/)-NGc. -t, 6XC t o b /IAA)"04-1 v.„ /�'la�,.3crt_ v c v l0'Z-vc yti, crs Other Data. Are there drawings or other data? ( )No ((list items here and attach them) /,. ,-,..x.14,13;,- /1 ,i Ovz-o-✓6.�, /26 Q0c57 6Vr»M4-e-7 Fe, L�)CC-1-1 3/i r1-7 /LLVS7rvrp0.J 02. asic tt/a/% 'i6/t LEASE Acj(z...00'✓,Gr,i-- ,S//ow„✓C/ b..,lv"-)-t-ril/P o ..ci4A-1E 5%YLvGi-v2s3- . 3 E L-N,‹H7g, ,)-- 1,c,, l-1C/1mm ✓1^4-1a 5-0oJnv ra-oPart 'i --57or-) 4, `X 1103,7- „h" sri ,z_vcy of C-4,''f(-6 IL/,S-,DF F' Fc,rify g, L 1-1IRP7` i1E'''Av7-io.1.1z/T5)0N Fcp R6P2Essw'T/777or.7 /fS AG6S 1i- f it la,I,s, !7, t6. z`X1-1)3 I'T `/F" S7 TZf Pt/M1 O F w/k&a,,'. F)6?-� CSC./5 i),JG. Siru.,E 7,-72_5- lv c l~fta/j "6" .517Zs 04-11,1 o,^- wr4Li1I'd f,LZ:b 5Ffo,.✓„"5 11'-0 USA Sl-/,�Li SJ-rud :7,126c Attached.The applicant has read the St.te and City regulations attached. Signature of applicant: _ `fir Date: /- -'�72 For Staff Use only Date filed: 1-5 17 Date heard: /-2 -/7 Docket#: P2- 17''00 00 1 Form ZBA-102 VARIANCE REQUEST INFORMATION PACKET FOR INSTALLATION OF SHADE STRUCTURES OVER EXISTING BLEACHERS AT WEST UNIVERSITY LITTLE LEAGUE WALLIN FIELD t a VARIANCES REQUEST SUMMARY The purpose of this variance request is to obtain a Special Exemption to allow for the installation of two Shade Structures over existing bleachers at the West University Little League main baseball field, currently referred to as Wallin Field. This property address of the field is 3780 University Blvd. This property, that contains the field along with other Little League Fields, is located in a Single Family Zoning District. In 2004, major renovation work was done to the field at the Southwest corner of this property including the backstop, dugouts, bleachers,concession building (field house) and parking. At that time, an application was made to the Zoning Board of Adjustment to obtain a Special Exception to authorize the new and improved uses. These uses had been pre-existing on site for some years and so had acquired Prior Non-conforming (PNC) status. The special exception authorized the new and reconfigured work and extended the PNC status to include the proposed work. Since the proposed shade structures to cover the bleachers are brand new, and not replacements or refurbishments,the City is requiring the structures built to comply with the single family district regulations, and not as part of the original variance. Both sets of current bleachers encroach into the setbacks(one on the front setback and the other on the side setback which is why we need Variance#1 &#2 below). Secondly, each of the shade structures is being considered an accessory structure. The zoning regulations limit the maximum number of accessory structures to 3 per building site. The property was platted in 2005 to create one building site. This means the number of accessory structures has been exceeded. (3rd variance requested below). To obtain the final approval from the City of West University permit process, which we had already submitted plans, we have been informed that we must apply for a variances on the three items below to allow for permit to be issued and the shade structures installed. 1. Variance to encroach the front yard; 2. Variance to encroach the side yard; and 3. Variance to exceed the maximum number of accessory structures. The variance requests, if approved, will allow for the installation of two engineered Shade Structures to be installed over the existing bleachers.As the years have gone by, it has become very apparent that adding a shade structure over the current bleachers would be very beneficial to the safety of the spectators. In addition to the sun/rain protection it would also prevent foul balls from landing on the bleachers,an event that has caused many injuries to spectators over the years. The design has been carefully thought out,with dark green shades/post to blend into the existing landscape, and will be a major improvement to the safety and enjoyment of many residents of the City. All of this work is being funded by money raised by W• L. Thank you for your consideration, /— y_/7 � �!/'= David Crow Date onathan Ross Date (WULL Board Member) (WULL Board Member) LEASE AGREEMENT THE STATE OF TEXAS § COUNTY OF HARRIS § This LEASE AGREEMENT (this "Lease") is made and entered into by and between HOUSTON INDEPENDENT SCHOOL DISTRICT, a public free school corporation, whose address is 4400 West 18th Street, Houston, Texas 77092-8501, hereinafter called "Lessor," and the CITY OF WEST UNIVERSITY PLACE, a municipal corporation situated in Harris County, Texas, whose address is 3800 University Boulevard, West University Place, Texas 77005-2899, in conjunction with WEST UNIVERSITY TRI-SPORTS ASSOCIATION, a Texas non-profit corporation, hereinafter called "Lessee,". WITNESSETH: 1. Granting Clause - That, subject to and upon the provisions hereinafter set forth, and each in consideration of the duties, covenants and obligations of the other hereunder, the sufficiency of which is hereby mutually acknowledged, Lessor does by these presents lease, let and demise unto Lessee, To Have and To Hold for the Term, as hereunder defined, the use of a tract of land which is a portion of the playground area surrounding the West University Elementary School, but excluding the Little League Ball Park which is already leased, which is owned by Lessor and which is located at 3756 University Boulevard, Houston, Harris County, Texas 77005-2898. The grounds comprising said tract are more particularly described in Exhibit "A", and, together with all improvements located thereon, are hereinafter collectively referred to as the "Premises". Lessee shall have the use of the Premises during non-school hours only. "Non-school hours" shall be defined as Monday through Friday after 3:30 P.M. on all days that school is in session. Lessor may change the "non-school hours" at Lessor's discretion at any time. The use herein granted to Lessee shall not at any time or under any circumstances interfere with any school activity of Lessor, which at various 1 times may be scheduled during "non-school hours". Any portion of the Premises that is not scheduled for Lessee's organized programs when school is not in session shall be open for public use. Lessee shall conduct only those activities germane to organized sports activities. 2. Term and Rental - This Lease will continue in force and effect for a term of five (5) years, commencing as of May 1, 2007, and continuing through April 30, 2012 (the "Term"), during which Term Lessee may, subject to the provisions hereinafter set forth, have, hold and peacefully enjoy the Premises. The Premises and improvements thereon shall be used jointly for school use and for the general public for general park and recreational use. No person shall ever be denied the use of the facilities on the Premises because of race, creed, national origin, religion, color or sex. For and in consideration of Lessor's lease to it of the Premises hereunder, Lessee has paid to Lessor rental in the total amount of One Dollar ($1.00) for the entire Term, the receipt and sufficiency of which are hereby acknowledged and confessed by Lessor. 3. Lessee's Duties - Lessee accepts the Premises in their present condition, and Lessee is authorized to improve the Premises with equipment and other improvements to such extent as is necessary or desirable to make same functional for use for park purposes, provided that all equipment and other improvements to be installed on the Premises are subject to prior approval by the Lessor. No signs shall be placed on the Premises by Lessee except with Lessor's prior written consent. Should Lessee fail to use such premises for park purposes or related activities for any period of thirty (30) consecutive days during the Term hereof, such failure shall constitute a default under this Lease. Lessee shall make no unlawful or extra hazardous use of the Premises and shall commit no waste nor create any unsanitary condition thereupon. Lessee agrees to maintain the herein demised Premises in an orderly and safe condition and agrees that Lessor will in no manner be responsible for repair or maintenance of the grounds or any improvements to the Premises during the Term of this Lease. Lessee shall conform to all federal, state, and county laws and regulations, as well as the City of West University Place's own Codes and Ordinances that may apply to the operation and maintenance of the Premises for park purposes and providing public access in compliance with the Americans with Disabilities Act. In the 2 event of fire or other loss by casualty, neither party shall be required to repair or replace any structure or other improvement. Notwithstanding the foregoing, if as the result of fire or other casualty repairs or replacements are required in order for the Premises to reasonably function for use for park purposes and Lessee is not willing to undertake the costs or obligation for such repairs or replacements, then either party shall have the right and option to terminate this Lease upon thirty (30) days written notice to the other party, whereupon this Lease shall terminate upon the expiration of said thirty (30) day period. Lessee shall not suffer or permit any mechanics' liens or other liens to be filed against the Premises nor against Lessee's or Lessor's interest in the land nor any buildings or improvements on the Premises. The Premises are presently exempt from city, county, and state ad valorem taxes, and if by reason of this Lease said exemption is lost as to any taxing entity and ad valorem taxes are assessed against said Premises, Lessee shall be responsible for the payment of same; provided however, that if ad valorem taxes become payable on the Premises due to a permitted transfer of title by Lessor to a non-tax exempt entity or Lessor's loss of its tax exempt status for reasons not associated with this Lease, then such taxes shall be the responsibility and obligation of Lessor's transferee or Lessor, as applicable. 4. Utilities - Lessee shall pay or cause to be paid all charges for water, heat, gas, electricity, sewer service, and any and all other utilities used by Lessee on the Premises throughout the Term of this Lease, including any connection fees. 5. Repairs to Premises - Lessee shall be obligated to make all repairs upon or to the Premises, or as may be required by governmental regulations as referred to in Paragraph 3 above. Notwithstanding the foregoing, in the event that structural, mechanical, or systems repairs or replacements to the Premises are required to cause same to comply with any applicable federal, state or local rules or regulations in order to continue operating the Premises for park purposes, and Lessee is not willing to undertake the costs or obligations for such repairs or replacements, Lessee or Lessor shall have the right and option to terminate this Lease upon thirty (30) days written notice to the other party, whereupon this Lease shall terminate upon the expiration of said thirty (30) day period. The laws of the State of Texas shall govern the interpretation, validity, performance and enforcement of this Lease. Any action brought 3 1 to enforce or interpret this Lease shall be brought in the court of appropriate jurisdiction in Houston, Harris County, Texas. 6. Right of Entry- Lessor shall have right of entry at any time into all parts of the Premises for the purpose of inspecting, protecting or making repairs to the Premises. 7. Surrender of Premises - Upon termination of this Lease under any provision hereof, Lessee shall promptly surrender possession of the Premises to Lessor. The Premises so surrendered shall be in as good condition as when received, excepting and excluding ordinary wear and deterioration, and loss by fire or other casualty. 8. Assignment; Subletting - Lessee shall not without Lessor's prior written permission (a) sublet the Premises or any part thereof, or (b) assign or encumber this Lease. Any unauthorized assignment or sublease shall be void and shall terminate this Lease at Lessor's option. In the event of the transfer or assignment by Lessor of its interest in any portion of the Premises or this Lease, Lessor shall be released from any obligations hereunder pertaining to such portion of the Premises or this Lease. 9. Default by Lessee - Should Lessee default in the performance of any covenant, condition or agreement in this Lease, and if such default is not corrected within fifteen (15) days after delivery of written notice from Lessor to Lessee, Lessor may declare this Lease, and all rights and interests created by it, to be terminated, whereupon each and all of Lessee's rights in and to the Premises shall terminate. 10. Liability for Loss, Damage. Injury - Lessor shall not be liable for any loss, damage or injury of any kind or character to any person or property arising from any use of the Premises, or any part thereof, or caused by any defect in any building, structure or other improvement thereon or in any equipment or other facility therein, or caused by or arising from any act or omission of Lessee, or of any of its agents, employees, licensees or invitees, or by or from any accident on the land or any fire or other casualty thereon, or occasioned by the failure of Lessee to maintain the Premises in safe condition, and Lessee hereby waives on its behalf all claims and demands against Lessor, its trustees, agents, and employees for any such loss, damage, or injury of Lessee and its agents, employees, licensees and invitees. Lessee agrees to use and occupy the Premises at its own risk and hereby releases Lessor, its trustees, agents, 4 and employees from all claims for any damage or injury to the full extent permitted by law. 11. No Discrimination - It is further agreed that Lessee shall abide by the requirements in Section J. Conveyance of Real Property by a School District, of Amendments to Court Order, Civil Action 5281, United States District Court, Eastern District of Texas, Tyler Division, which stipulates: "The further covenant, consideration and condition is that the following restrictions shall in all things be observed, followed and complied with: (a) The above described realty, or any part thereof, shall not be used in the operation of, or in conjunction with, any school or other institution of learning, study or instruction which discriminates against any person because of his race, color or national origin, regardless of whether such discrimination be effected by design or otherwise. (b) The above described realty, or any part thereof, shall not be used in the operation of, or in conjunction with, any school or other institution of learning, study or other instruction which creates, maintains, reinforces, renews or encourages a dual school system. These restrictions and conditions shall be binding upon Lessee, the City of Houston, its successors and assigns; and in case of violation of either or both of the above restrictions, the estate herein granted shall, without entry or suit, immediately revert to and vest in the grantor herein and its successors, and Lessor shall be entitled to immediate possession of such Premises and the improvements thereon; and no act or omission upon the part of Lessor herein and its successors shall be a waiver of the operation or enforcement of such condition. The restriction set out in (a) above shall be construed to be for the benefit of any person prejudiced by its violation. The restriction specified in (b) above shall be construed to be for the benefit of any public school district or any person prejudiced by its violation." 12. Early Termination - In addition to any other termination provision herein, either party hereto shall have the right to terminate this Lease for any reason whatsoever during the Term hereof by giving to the other party ninety (90) days advance written notice of such termination. The parties shall be able to terminate this Lease upon mutual written agreement at any time. 5 13. Holding Over - In the event Lessee remains in possession of the Premises after the expiration of this Lease and without the execution of a new lease, Lessee shall be deemed to be occupying the Premises as a tenant from month to month at a rental rate of One and No/100 Dollar ($1.00) per month, and Lessor and Lessee shall be subject to all the conditions, provisions and obligations of this Lease insofar as the same are applicable to a month to month tenancy. 14. Eminent Domain - If any of the Premises should be taken for any public or quasi-public use under any governmental law, ordinance or regulation or by right of eminent domain or by private purchase in lieu thereof, either party shall have the option to immediately terminate this Lease. If neither party decides to terminate this Lease following a partial taking, Lessee shall make all necessary repairs or alterations to make the Premises an architectural whole. All compensation awarded for any taking (or the proceeds of a private sale in lieu thereof) of the Premises (not including the improvements) shall be the property of Lessor, and Lessee shall not have any interest in any such award. 15. Additions, Improvements - Lessee is authorized to improve the Premises from time to time with equipment and other recreational facilities, provided that any such equipment and other recreational facilities to be installed on the Premises shall first be approved by the Lessor. Lessor shall not be liable to Lessee for the value of any such improvements to the Premises, including parking and paving improvements, or any personal property added to the Premises by Lessee and not removed by Lessee following the termination of this Lease. Lessee retains title to any and all improvements to the Premises and personal property moved or placed upon the Premises by it, and, upon termination of this Lease under any circumstances, Lessee has the right (promptly thereafter and at its sole expense) to remove from the Premises any and all such improvements and personal property, provided however, that Lessee shall repair any damage caused by such removal. Lessor shall not be responsible or liable to Lessee for any loss or damage to improvements and additions to the Premises or to personal property which may occur during the Term of this Lease. All improvements to the Premises and personal property placed on the Premises by Lessee and not removed 6 from the Premises within sixty (60) days after termination of the Lease shall be deemed to be abandoned by Lessee and shall become the property of Lessor. 16. Lessor-Lessee Relationship Only - Nothing contained herein shall be deemed or construed by the parties hereto, nor by any third party, as creating the relationship of principal and agent or of partnership or of joint venture between Lessor and Lessee, it being understood and agreed that neither the method of computation of rental, nor any other provisions contained herein, nor any acts of Lessor and Lessee, shall be deemed to create any relationship between Lessor and Lessee other than the relationship of Lessor and Lessee. Whenever herein the singular number is used, the same shall include the plural, and words of any gender shall include each other gender. 17. Waivers Not Binding - One or more waivers of any covenant, term or condition of this Lease by either party shall not be construed as a waiver of a subsequent breach of the same covenant, term or condition. The consent or approval by either party shall not be construed as a waiver of a subsequent breach of the same covenant, term or condition. The consent or approval by either party to or of any act by the other party requiring such consent or approval shall not be deemed to waive or render unnecessary consent to or approval of any subsequent similar act. 18. Entire Agreement - This Lease contains the entire agreement between the parties, and no agreement shall be effective to change, modify or terminate this Lease in whole or in part unless such agreement is in writing and duly signed by the party against whom enforcement of such change, modification or termination is sought. This Lease supersedes all prior proposals. 19. Separate and Independent Agreement - Each and every agreement contained in this Lease is, and shall be construed as, a separate and independent agreement. If any provision of this Lease should be held to be invalid or unenforceable, the validity and enforceability of the remaining provisions of this Lease shall not be affected thereby. 20. Cumulative Remedies - Notwithstanding anything to the contrary in this Lease, all remedies of either party are cumulative and the election of a remedy by a party shall not foreclose such party from pursuing any other equitable or legal remedy. 7 21. Successors In Interest - The terms, provisions and covenants contained in this Lease shall inure to the benefit of and be binding upon the parties hereto and their respective successors in interest and legal representatives. 22. Consents, Approvals - Lessor and Lessee represent and warrant that all consents or approvals required for the execution, delivery and performance of this Lease have been obtained. 23. Notices - Wherever any notice is required or permitted hereunder such notice shall be in writing. Any notice or document required or permitted to be delivered hereunder shall be deemed to be delivered when deposited in the United States mail, postage prepaid, Certified or Registered Mail, Return Receipt Requested, addressed to the parties hereto at their respective addresses set forth in the preamble paragraph of this Lease, or at such other addresses as they may have hereinafter specified by written notice. 24. Time of Essence -Time is of the essence in this Lease. 25. Applicable Law—THE LAWS OF THE STATE OF TEXAS SHALL GOVERN THE INTERPRETATION, VALIDITY, PERFORMANCE AND ENFORCEMENT OF THIS AGREEMENT. ANY ACTION BROUGHT TO ENFORCE OR INTERPRET THIS AGREEMENT SHALL BE BROUGHT IN THE COURT OF APPROPRIATE JURISTICTION IN HOUSTON, HARRIS COUNTY, TEXAS. SHOULD ANY PROVISION OF THIS AGREEMENT REQUIRE JUDICIAL INTERPRETATION, LESSOR AND LESSEE HEREBY AGREE AND STIPULATE THAT THE COURT INTERPRETING OR CONSIDERING THE SAME SHALL NOT APPLY THE PRESUMPTION THAT THE TERMS HEREOF SHALL BE MORE STRICTLY CONSTRUED AGAINST A PARTY BY REASON OF ANY RULE OR CONCLUSION THAT A DOCUMENT SHOULD BE CONSTRUED MORE STRICTLY AGAINST THE PARTY WHO PREPARED THE SAME, IT BEING AGREED THAT ALL PARTIES HERETO HAVE PARTICIPATED IN THE PREPARATION OF THIS AGREEMENT AND THAT EACH PARTY HAD FULL OPPORTUNITY TO CONSULT LEGAL COUNCIL OF ITS CHOICE BEFORE THE EXECUTION OF THIS AGREEMENT. 8 26. Release of Lessor — LESSEE HEREBY RELEASES AND DISCHARGES LESSOR, ITS AGENTS, OFFICERS, DIRECTORS, OFFICIALS, LEGAL REPRESENTATIVES, EMPLOYEES AND ASSIGNS (COLLECTIVELY REFERRED TO IN THIS SECTION AS "LESSOR") FROM ANY AND ALL FINES, DEMANDS, DAMAGES, INJURIES OR CLAIMS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR ANY OF THE RIGHTS OR OBLIGATIONS ARISING HEREUNDER, EVEN IF THE INJURY, DEATH, DAMAGE, OR LOSS IS CAUSED BY LESSOR'S SOLE OR CONCURRENT NEGLIGENCE AND/OR LESSOR'S STRICT PRODUCTS LIABILITY OR STRICT STATUTORY LIABILITY. IN TESTIMONY OF WHICH, this Lease is executed in triplicate original instruments, each of like force, effect, and dignity, by the parties hereto as follows, but, subject to obtaining all of the signatures requested herein, this Lease shall be hereafter referred to as being dated May 1, 2007, and shall be effective as of that date. 9 EXECUTED on this day of , 2007, by Lessor's undersigned officers, hereunto duly authorized by the Board of Education of the Houston Independent School District. LESSOR: Houston Independent School District Abelardo Saavedra, Ph.D. Superintendent of Schools Approved as to Funding and Business Terms: Melinda Garrett Chief Financial Officer Approved as to Form: Donald R. Boehm, Attorney 10 EXECUTED on this day of , 2007, on behalf of Lessee by its Mayor, and attested by its City Secretary, hereunto duly authorized by ordinance of its City Council, and on behalf of West University Tri-Sports Association by its President. LESSEE: Attest: City of West University Place (name) (name) City Secretary Mayor of the City of West University Place West University Tri-Sports Association (name) President 11 y 2 1 • EXHIBIT A I. . 1 1_ I- Little League Fields 1• 1 . . 1 1 1• 1 . ' Ilk!III . 1 i. I i 0 . • I ., IL4h , . . 111— \ 70919 1219 O ail 1 1 •'�' f 173gg 1220 I ED' s Go °red GoK Wet it N at q a f a, tt S. i N '-� Goa Wle 0 mm § in K [ r\ iOridg 1229 1®tlg 1734 '1 6 III c J o N a . N m m fn 1 A c ° Z PREMISES m C _ rn K 1�sin° rdNi . � Q o * ue . . rn m D 1 D 70919 99 Ir"t (n z K I .a i-,:3-1 CD z 'Wotm mfr. a° G..Mete` ` 71. II c m _ _ !�—te Z 0= ___.2 _ — < _ = EDLOE STREET 33 o CO - m -I N v w z • 0) z . Z.::7-/7 16 i ca �Y.. �r.. ii ! x.`/ .: o s. 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")'''l ii i i illimoll 8 ''''''Z'' 0 ' 3E'E ;1E ...I 1,, it! II ' - ' 121 L. i IrYll,,': 1 — ;, . I g i f f iiiii/N i l s g i r l lipmE I 1 1 1 14 1 1 1 1 1 1 1 1 . . .. - _ ....s...... )._ 5 0 Llitk _@ 014. . o "-) t i i I 4.— 0 8 a o 1 _ ° —I , 0 _ ,, ), • ' • s I . • 1Y,•II. •1•1•1' ,.• 0 ,-.1`, - ( ' i 9 . C\ 1.....'11 8 c' Ackabc........- i-- 11111.=111111.... 4.• 1 ; i * , 1 r 0 .: , il , , ,, - L J II i g. 1 i 1 D I I 1 "".. :NIF4.■A13- ' '',,.., ' 3 - . . ' la " k _ — •- El VN ( i 1 o ■ , 1 I Ia. -- 4(tt 4100 inv ONS • 4011. 04 II 41, ielv Li& -. 04 git Air NW Ner all„, 04 V, is, LIEF re-W ellik <\ IP •t ill 03 003 ale. -31a cr AUTHORIZATION FOR REPRESENTATION I, John Threet, a representative for Houston Independent School District (H.I.S.D), said owners of the property located at 3780 University Blvd, West University Place, Texas, 77005, hereby authorize West University Little League to represent me, and take action on behalf of H.I.S.D, regarding the variance request needed for permitting of the proposed Shade Structures for current bleachers being utilized at the main WULL baseball field (referred to as Wallin Field) located on above mentioned property. ■01,/ era 00/7 Si g�riature Date C, ,..._ . • .. . el----y--pi,13 00- ...c\ --r t 0 t..r rrl ',1 cn N00000 W 660.00' UI 11-7.npz 1 > \• 0— m , Z . . . , BLEACHERS ,,a& .4..... Ilreip . `n 7<kiri '4• /. , . , ‘ • , c- a3m= w ,co gn, w ?I'• m m .— o „------- .. / _. _ _ ...rs.. ...r. k.1\ ----I--- 0 r ----1 -t--- \P r7 v‘ -------- :› '`e, -------- z -------- 1-\\_-0- - LA -------- ■" ...i ' 5 ? . * ------..C. 0° .'ir:,. 1 .....,_ v.. st 1 c.,.. Nr, 1 0 z 1 —., 0 ,.\ c). >-0 rn 0, • C - —— .?, 5- '• ''',' ' g I WF — ST UNIVERSITY = GARY R CHANDLER _ • . ARCHTTECTURE AND INTERIORS 1 UTILE LEAGUE FIELDHOUSE 1-4 i i 3 3725 SUNSET BLVD. HOUSTON TX,77035 WEST UNIVERSITY,TX (713)665-1314 ____ 6" I 5)(5) ' 'r (, I?, . .. u) p , r? pi - - - - - 11 000000'7W 660.0C-- pz '1j z VeZiONSIneasrg...,Esrmw-, -; , -\.„ BLEACHERS , 0 , — 8 2 ‘..: Iii , ,1 • • e 0 ----""."--------- -, — ‘.cia,• K 1 \ ...--•"""-------- '-' n x co > ■-, , z) , ..---'"--------- ,.■ -■-■ rrl ...-------------. --- .) 0 ir.../ 0---------E ...„.„..„9„.„..-z .c1. o kiN ...--------------- ...--"------------ °C ..-------------- o Nj -----) .--------------- .---------- -.4.,.. ...------''------- L'' g° 0 o S v) V , ...- 0.■ (-^./ o VN •::{. 0 0 Z •Fi-c2' 0 13. rn 0. o - . ........ 2 S , I WEST UNIVERSITY 1 l. GARY R. CHANDLER ›r••• - - ARCHITECTURE AND INTERIORS LITTLE LEAGUE FIELDHOUSE 37Z SLINSET BLVD. tIOUSTON TX,77035 a WEST UNIVERSITY,TX (713)665-1314 E I R-j i �3 r .% X 1 17.10• zD-0• 14-0 ro ca r o a r m b m _= (!T CZ A N my 4 1T-10• X AA m m w i > m !e Q d z m ., po / Emm A2m20 AOgn KDym O<°y0 mmrn OT-, OZ?y 0 my 0,5 0 0 y T_°Nz Dr Z2S D > 0' yy m 1-2 A m mP TO OS N O n D Z D xoc mv 2m m m P A ?m i�� (7 >; ....... ........... .............. AM stall o BEREwAD CoNn00 iRER wES BERU SSCN g .............. .5....... __......_.. ._... _. n o a � o>g m Cm : D < m m gg`= USASHADE x N= _i r i P '10 m $fir •P.•EI. > m om mmc o o 'O . _ -Ci CORPORATE HEADQUARTERS 00 O 2 A A r Z AN O ,y 580 DPLLAS,CHANCELLOR)8tt)ROW X S X 0 = m m L. g4 Y 800.URN-NOT . 9 N a e Nm. ... _ Q y C g= Sun Ports g m m c 'm REV DESCRIPTION DATE DEW CNK ENG H PROPOSAL Remittance address: Corporate Mailing - Shade Structures, Inc Address U SAS�/ 'l E P.O.Box 204691 P.O. Box560168 & Fabric Structures Sun Sun Ports Dallas,TX 75320-4691 Dallas,TX 75356-0168 7 (800)966-5005 A Brand of USA Shade&Fabric Structures This is a legal agreement — Please read carefully. Complete and initial all pages Purchaser: West University Little League Date: April 19, 2016 Sales Rep: Jared Angelica Contact: Chick PO Number: Phone: 713-254-8861 Phone: Quote No.: JFA108627 Email: jangelica @usa-shade.com Billing Information: Shipping Information: Jobsite Information(including site name): 3700 University Blvd 3700 University Blvd Houston, TX 77005 Houston, TX 77005 Contact: Contact: Contact: Phone: Phone: Phone: Fax: Fax: Fax: Email: Email: Email: S T R U C T U R E P R I C I N G QTY DESCRIPTION DETAILS PRICE 2 Hip Shade Structures _ Size 20 X 46 $34,850.00 7 Fabric Type ShadesureTM Sys hi n " Fabric Color TBD Full Turnkey Project ,,,r-lr- Steel Color TBD Post Attachment Method Recessed baseplate 3 1 14 ,', ) z i € ` ,� Entry Height „ 44 a Wind load 110MPH < :s 4G9 `, / Snow load SLbs/Sft „ g i Notes: PRICING DETAILS Accessories/Miscellaneous QTY ITEM DETAILS COST Total for Access/Misc Items: Unit Total INCLUDED PAYMENT TERMS: Accessories/Miscellaneous N/A (1) Upon execution of the Agreement(Deposit) Shipping/Handling INCLUDED (2) Upon delivery of Sun Port(s) SUBTOTAL $0.00 (3) Upon completion of assembly/installation Net 30 Sales Tax 8.25% INCLUDED (4) Other(specify): Installation INCLUDED 1 Engineering INCLUDED Proposal—SP1 Page 2 Initials , Y PROPOSAL Remittance address: Corporate Mailing U SAS E"<AD Shade Structures, Inc Address: P.O. Box 204691 P.O. Box 560168 & Fabric Structures SLin Ports Dallas,TX 75320-4691 Dallas,TX 75356-0168 " (800)966-5005 A Brand of USA Shade&Fabric Structures TOTAL PRICE $34,850.00 GENERAL SCOPE OF WORK PERMIT REQUIREMENTS ASSEMBLY REQUIREMENTS YES NO YES NO ® ❑ Purchaser is responsible for Permit Submittal ❑ E Underground obstacles ❑ ❑ E ❑ Dirt Removal ENGINEERING REQUIREMENTS ❑ E Soil Tests Building Code IBC 2012 Z ❑ Concrete Cutting — Type of drawings Stamped E ❑ Concrete Truck Access #of sealed drawings 3 ❑ E Fencing Calculations Required 3 ❑ E Special Inspection Notes: ❑ E Permits(see Permit Requirements) PRICING INCLUDES ❑ E Prevailing Wages&Certified Payroll YES NO ❑ ® Union Wages E ❑ Assembly/Installation(based on a single mobilization) ❑ E Removal of existing structure or poles E El Shipping and Handling ❑ E Curb Repair E ❑ Engineered Drawings ❑ E Landscaping Repair • ❑ Sales Tax ❑ E Electrical hook-up or trenching ❑ E Permit Submittal ❑ E Site Plan Approval ❑ E Permit fees ❑ E Site Survey ❑ E Accessories E ❑ Bobcat Access E ❑ Coastal Primer ❑ E Liquidated Damages ❑ E Payment and Performance Bonds ❑ Z Other special conditions(noted below): E ® E ❑ Anchor Bolts Included GENERAL TERMS AND CONDITIONS AND WARRANTY 1) Proposal:The above proposal is valid for 30 days from the date first set forth above. After 30 days we reserve the right to increase prices due to the rise in costs of raw material,fuel or other cost increases.When applicable, USA Shade&Fabric Structures reserves the right to implement a surcharge for significant increases in raw materials, including the following, but not limited to;fuel, steel and concrete. Due to the duration of time between proposals,contracts and final installation, USA Shade&Fabric Structures reserves the right to implement this surcharge when applicable. 2) Purchase:By executing this proposal,or submitting a purchase order pursuant to this proposal(which shall incorporate the terms of this agreement specifically by reference)which is accepted by the SA Shade&Fabric Structures(the"Company"),the purchaser identified above("you"or the"Purchaser")agrees to purchase the Sun Ports brand shade structures("Structures")and the services to be provided by the Company, as detailed in the"Structure Pricing"and"General Scope of the Work"sections of this agreement,above,or in the relevant Proposal-SP1 Page 3 Initials The City of West University Place Neighborhood City 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 January 26, 2017. The resumed hearing may be recessed and continued to a ZBA meeting set to begin at 6:30 p.m. on February 23, 2017. 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: 3756 University Blvd, West University Place, TX 77005 Legal Description of the Site: RES A BLK 1 Docket No.: 2017-0001 Applicant: West University Little League as assigned agents by H.I.S.D. Action Requested: Variance Requests per Table 7-2 and 7-4b for front and side yard encroachments and to allow additional accessory structures. Additional Details: The applicant is proposing to erect two shade structures over the existing bleachers at the Little League field at the northeast corner of Auden and University Boulevard. The existing bleachers and field fencing and concession building were authorized by a previous ZBA decision. This request is also for additional accessory structures in a Single-Family District. The limit is three and the site already exceeds that amount. 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. Any person interested in such matters should attend the hearing. If you plan to attend this public meeting and you have a disability that requires special arrangements at the meeting,please contact the 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: Debbie Scarcella, for the ZBA on January 13,2017. dscarcella @westutx.gov 713-662-5893. 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