HomeMy WebLinkAbout06222017 ZBA Agenda Item 1 Memo
To: Zoning Board of Adjustments
From: Debbie Scarcella,City Planner
Date: June 16,2017
Re: Staff Report for Docket 2017-003
Applicant's Request
The applicant of Docket 2017-003,3901 Arnold requests a variance allowing landscaping structures
above 6"in height in the front yard(setback).
Background
The property at 3901 Arnold is located in a Single-Family 3(SF3)zoning district. The property is
located on the southwest corner of the intersection of Arnold and College Streets. There is a front yard(setback)
of twenty-five feet. The zoning regulations state that no structure may be constructed within the setbacks except
as allowed in Table 7-6,"Projections Schedule". The applicant had landscaping structures and gates constructed
in the front yard(setback)that exceed 6"in height. The applicant is requesting a variance to allow these
structures to remain.
Staff Response
The zoning regulations define a structure as:
Structure.Anything made by humans which:(i)is not readily portable;(ii)is usually left in one location for
an indefinite period of time;or(iii)requires either permanent or fixed location on or in the ground or attachment to
something having a permanent or fixed location on or in the ground for its use.Examples of structures,which do not
limit this definition,are:sculptures;lampposts;sidewalks;driveways;playground equipment and facilities;buildings;
flagpoles;antennae and pools.
The ordinance limits structures within the designated yards(setbacks). Table 7-6 establishes the allowed
projections within the yards(setbacks). In the front yard,structures are allowed to be located any place as long as they
do not exceed six inches in height. Within ten feet of the front yard(setback)line,the height of a structure can be up to
14"in height. The gate structures exceed 14"and the flower bed timbers exceed 6"in height.
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 1
Structure . Anything made by humans which: (i) is not readily portable; (ii) is usually
left in one location for an indefinite period of time; or (iii) requires either permanent or
fixed location on or in the ground or attachment to something having a permanent or
fixed location on or in the ground for its use. Examples of structures, which do not limit
this definition, are: sculptures; lampposts; sidewalks; driveways; playground equipment
and facilities; buildings; flagpoles; antennas and pools. A canopy or similar object
designed or used to shelter a motor vehicle, a boat or similarly-sized items is deemed to
be a structure if it remains in substantially the same place for more than ten days,
regardless of whether it is readily portable, frequently moved or unattached.
12"
except
that no
15" item
Items at and above ground level:
See below the The area does
Chimneys/fireplaces (with cross- 15"See
Notes eave may not count as
sectional areas of 8 square feet 15" Notes 1.1
1.1 be closer either open or
or less) and similar parts of and 13.
and than 36" pervious area.
buildings.
13. to the
SPL. See
Notes 1.1
and 13.
The area does
not count as
0, but either open or
see 0 See pervious area.
Porches/platforms/decks higher Note Notes 0 See 0 See The area
than 14 inches, and similar 1.2. 1.1 Notes 1.1 Notes 1.1 beneath a deck
structures attached to a building. See and and 13. and 13. may count as
Note 13. pervious area if
1.1. rain is allowed
to pass through
the deck.
0 See
120" The area does
Notes 0. See 0. See
Steps not higher than the first See not count as
floor level. Note 1.1 Notes 1.1 Notes 1.1 either open or
and and 13. and 13.
1.1. pervious area.
13.
Table 7-6. Projections Schedule, cont.
Maximum Allowed Projection (In Special Rules For
Type Of Structure Inches), Measured From The Inside Calculating Open
Edge Of The Yard. & Pervious Areas
Front Rear Side SF
Page 26
Yard Yard Yard Bufferyard
The area counts
Items near ground level: No as open area.
Buildings And porches, platforms and decks 120" The area beneath
limit. 0 See
Attached higher than six inches but not See a deck may count
See Note No limit
Structures, higher than 14 inches, and Note as pervious area
Note 13.
Cont. similar structures attached to 1.1. if rain is allowed
1.1.
buildings to pass through
the deck.
0, but
0,
see
0, but but
Notes
see see 0, but see The area does
Other parts of buildings and 3 and
Note 2. Note Note 3. See not count as
structures attached to 4. See
See S. Notes 1.1 either open or
buildings. Notes
Note See and 13. pervious area.
1.1
1.1. and Note
13.
13.
The area counts
as open area but
not as pervious
No limit, area unless the
Sidewalks, patios,
except material is
porches/platforms/decks,
that completely
Ground level retaining walls, driveways,
decks pervious to
and parking areas and similar No No
may not No limit water. The area
underground structures not higher than six limit limit
project beneath a deck
items inches; all underground
more may count as
structures. See also Table 7-3
regarding than pervious area if
re
g g pervious pavement.
120" rain is allowed to
pass through the
deck. See Table
7-3.
Air conditioning equipment, See See The area does
Mechanical
Equipment pool equipment, and similar 0 Note Note 0
not count as
freestanding mechanical 6. 6' either open or
Page 27
.1 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: 3goI A RNoLD ST Fl U S Jo r\, I K 77005
L.oT NINE CO, iNBLOCKi=(„6210T-N' (8) OF COLL.r6TEV(Evt; THIRD SLt&p ii 1 Ai
Legal description of the site: PN t��DITi0K /N HA 15 iY� I EXgS AccoRO/NC-, To fll1e MAP
Pt hT TNEREoF �C-coRDFD/N vOLuMC_' 57.Z, PAGE 33 F :
OF t+ARR/5 COUNT-`/ TEXAS
Applicant:JALQ,c ,J CAN1P13rLi- A-N I> t.fFWRF_NCI= RoOT-
Address:3901 A RNOi.IJ 5T; N 00 sloes!, 7ZI.A4 -7 7005
Contact:TA yr -Y J CRMPI3L=LL. Phone:713-51(,-1/-?80 z4y.8 JcnM 3c rLo AL N
Fax:7l3-6Io(O- Ema!l: �BCGLOQAL.NE7
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:
(4 Variance.
• Exact zoning ordinance section from which a variance is requested:TA FL c- 7-6 - roectio S S c e,4 u 1 e
• Exact wording of variance requested:I reluect f �S�vuc�urFi a55°6(1-fed u,iTh kt- ec(o5e .
yrde vt k2e,atloutEA +o be-1'(i',/1ner 1'kkevl SIX inc ne5.
Other Data. Are there drawings or other data? ( )No (✓)Yes(list items here and attach them)
Scale_. dvauUinq
hoko ra hS () •
le t'e �f SLvort -Foy' varaanc-c
e55a9 ofe (Flavlafiovl -cor" reveyi" -Co r Vc i0.vIG�,
Attached.The applicant has read the State and City regulations attached.
/ 1 i // 2.017
y
1 YON-
Signature of a pp licant 11,, ��y Date / 6
' fn i a
For'Statf V5 E()Ay Var'e-Md c 17ei�e h4 . '�'-� � ockefi :�!'�� ��
I Campbell
Goal: Grant Variance Request
My landscape architect saved the wedding reception but in so doing, threw me afoul of West
U's zoning ordinance.
Let me explain. During the Thanksgiving holidays, my son, who lives in New York,
announced that he and his girlfriend planned to be married, setting their hearts on a
destination wedding in Bar Harbor, Maine in July of 2017. My blind 93-year-old mother who
lives with us, however, is unable to travel, so my son, in order to accommodate his
grandmother's desire to be present at the marriage celebration, decided to have 9 p a a small
9
wedding in Houston at our local church in addition to the Maine wedding. The "very small"
wedding soon snowballed, and it became apparent that the reception would need to be held
at my home so that my mother might attend the party while she stretched out on her special
recliner.
Plans for the Houston wedding did not crystallize until February of 2017 and the wedding date
was set for April. The yard was a mess and a reception at my home was looming.
I chose Strong Landscaping because my neighbor, also a West University resident, had used
this company with excellent results: her landscaping was distinctive, tasteful, and altogether
charming. Consumed with wedding and reception details, I delegated landscaping to Strong,
confident in his design capabilities and his familiarity with West University. To give him credit,
he completed the landscaping in time for the wedding reception, and had some conversation
with Mr. Chew. Only after I received a certified letter dated April 17, 2017, (less than two
weeks before the wedding) requesting that the contractor submit plans did I suspect that we
may be afoul of the zoning ordinance. But again, I passed a copy of the certified letter to the
contractor, confident that he would ascertain the next steps.
My suspicion that all was not well with the landscape design was confirmed to me by a
uniformed West U policeman, who on May 10, 2017, presented me with a citation, #11
Violation of projections schedule. At that time, I determined to go directly to Mr. Chew to get
first hand knowledge of what needed to be modified. He met with me immediately and
informed me that one option for resolving the problem of my noncompliance with zoning
ordinance would be for me to apply for a variance.
Granting the variance would not only solve for me the problems of cost and time efficiency,
II
since I've paid for the design of the enclosure, but would also add visual interest to the
landscape, increasing enjoyment for passersby.
I Campbell
In addition to the fact that the enclosed garden is pleasing to the eye, the garden also serves
as a visual pointer or allusion to the charming children's masterpiece, C. S. Lewis's The
Chronicles of Namia. Most are familiar with the well-known book 1, The Lion, the Witch, and
the Wardrobe. Our home is designed around stairs that lead to a wardrobe, the back of which
slides open to serve as an entry to a "not so secret" room, which functions as my studio.
Similarly, the gated garden also recollects a scene in the lesser known book 6 of The
Chronicles,— The Magician's Nephew. Diggory, the protagonist, is sent by Aslan, the
majestic lion who created Narnia, on a quest to fetch a silver apple from a tree in the center of
an enclosed garden. On the gates of the garden are printed these words:
Come in by the gold gates or not al all,
Take of my fruit for others or forbear,
For those who steal or those who climb my wall
Shall find their heart's desire and find despair.
It must be noted that in my enclosed garden, the gates are essentially superfluous since the
railroad timbers can be easily stepped over. The temptation to enter the garden by "stepping
over the wall" rather than "going through the gate" is evident, elevating the landscape to a
symbol of a parable.
The benefits of my obtaining the variance include the increased enjoyment for passersby of
an esthetically improved enclosed garden which alludes to a scene in children's literature, the
potential increase in property values of nearby realty from the visual improvements, the
reduction of needless energy and cost necessary to further modify the garden.
For these reasons, I ask that the committee grant my request for a variance.
'r 4
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MIKE SULLIVAN ��t �2� 2016 Property Tax Statement
Tax Assessor-Collector r 1< e-Bill Code 5478183716
P.O.Box 3547
Houston,Texas 77253-3547 * *
rEx P` Statement Date November 5, 2016
11110111111111111111111111111 11111111111111111111111111101111!11111111 Account Number
056-030-000-0009
*0106759 B
• CAMPBELL JACQUELYN A & ROOT LAWRENCE
ARN
Cr
HOUSTON OX LD 7T 05-2037 b Lb
IIIII.+++I+Ilrintlltl1+ ullr"hhl+Ir+1+hl+++I'I1+I1I+Iu t -
Taxing Jurisdiction Exemptions Taxable Value Rate per$100 Taxes Property Description
Houston I.S.D. 333,000 1,132,000 1.206700 $10,367.84 3901 ARNOLDST77005
Harris County 453,000 1,012,000 .4165600 $4,215.59 LT 9 BLK 8
COLLEGEVIEW SEC 3
Harris County Flood Control Dist 453,000 1,012,000 .0282900 $286.29 1653 AC
Port of Houston Authority 453,000 1,012,000 .0133400 $135.00
Harris County Hospital District 453,000 1,012,000 .1717900 $1,738.51 Appraised Values
Harris County Dept.of Education 453,000 1,012,000 .0052000 $52.62 Land-Market Value 684,000
Houston Community College System 266,500 1,198,500 .1002630 $1,201.65 lmpr-Market Value 781,000
City of West University Place 185,000 1,280,000 .3168000 $4,055.04 Total Market Value 1,465,000
Less Capped Mkt Value 0
Appraised Value 1,465,000_
Total 2016 Taxes Due By January 31,2017 $22,052.54 Exemptions/Deferrals
Payments Applied To 2016 Taxes ($0.00) Over 65 Homestead Exemption
School Tax Ceiling
Total Current Taxes Due(Including Penalties) $22,05254
Prior Year(s) Delinquent Taxes Due (If Any) $0.00
Total Amount Due By January 31, 2017 $22,0 '552.54
Penalty and Interest for Paying Late Rate Current Taxes Delinquent Taxes Total ;
By February 28,2017 7% $23,596.22 $0.00 $23,596.22
By March 31,2017 9% $24,037.28 $0.00 $24,037.28
By April 30,2017 11% $24,478.31 $0.00 $24,478.31
By May 31,2017 13% $24,919.38 $0.00 $24,919.38
By June 30,2017 15% $25,360.43 $0.00 $25,360.43
Tax Bill Increase(Decrease)from 2011 to 2016:Appr Value 36% Taxable Value 19% Tax Rate 0% Tax Bill 9%
rn�
RECORDED BY VERITAS TITLE GF# V1
Return To:
Merrill Lynch Credit
Corporation
9700 Bissonnet Street ,
Suite #1500, HOUSTON, TX
77036
Prepared By:
, 5201 Gate Parkway,
Jacksonville, FL 32256
[Space Above This Line For Recording Data]
DEED OF TRUST
mmi NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU AREA I�A� Rat g.3 ' SHORT,
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.
DEFINITIONS
Words used in multiple sections of this document are defined below and other words are defined in
Sections 3, 11, 13, 18,20 and 21.Certain rules regarding the usage of words used in this document are
also provided in Section 16.
(A)"Security Instrument"means this document,which is dated February 8, 2011
together with all Riders to this document.
(B)"Borrower"is LAWRENCE G ROOT and JACQUELYN A CAMPBELL, HUSBAND AND WIFE
•
Borrower is the grantor under this Security Instrument.
(C)"Lender"is Merrill Lynch Credit Corporation
TEXAS-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS Form 3044 1/01
Wolters Kluwer Financial Services
VMP -6A(TX) (0611)
Page 1 0(16 kiwis: 'f
•
Lender is a Corporation
organized and existing under the laws of Delaware •
Lender's address is 5201 Gate Parkway Jacksonville, FL 32256
•
Lender includes any holder of the Note who is entitled to receive payments under the Note.
(D)"Trustee"is Robert Frappier, Trustee
.Trustee's address is
15000 Surveyor Boulevard, Addison, TX 75001
(E) "MERS" is Mortgage Electronic Registration Systems,Inc. MERS is a separate corporation that is
acting solely as a nominee for Lender and Lender's successors and assigns. MERS is a beneficiary under
this Security Instrument. MERS is organized and existing under the laws of Delaware,and has an
address and telephone number of P.O.Box 2026,Flint,MI 48501-2026,tel.(888)679-MERS.
(F) "Note"means the promissory note signed by Borrower and dated February 8, 2011 -
The Note states that Borrower owes Lender Two Hundred Forty Thousand Dollars and Zero
Cents Dollars
(U•S•$ 240,000.00 )plus interest.Borrower has promised to pay this debt in regular Periodic
Payments and to pay the debt in full not later than March 1st, 2026
(G)"Property"means the property that is described below under the heading"Transfer of Rights in the
Property."
(H)"Loan"means the debt evidenced by the Note,plus interest,any prepayment charges and late charges
due under the Note,and all sums due under this Security Instrument,plus interest.
(I) "Riders" means all Riders to this Security Instrument that are executed by Borrower.The following
Riders are to be executed by Borrower[check box as applicable]:
Adjustable Rate Rider I Condominium Rider Second Home Rider
J Balloon Rider Planned Unit Development Rider 1-4 Family Rider
VA Rider I Biweekly Payment Rider X I Other(s) [specify]
Renewal and Extension
(J) "Applicable Law" means all controlling applicable federal,state and local statutes,regulations,
ordinances and administrative rules and orders(that have the effect of law)as well as all applicable final,
non-appealable judicial opinions.
(K)"Community Association Dues,Fees,and Assessments" means all dues,fees,assessments and other
charges that are imposed on Borrower or the Property by a condominium association,homeowners
association or similar organization.
(L)"Electronic Funds Transfer" means any transfer of funds,other than a transaction originated by
check,draft,or similar paper instrument,which is initiated through an electronic terminal,telephonic
instrument,computer,or magnetic tape so as to order,instruct,or authorize a financial institution to debit
or credit an account. Such term includes,but is not limited to,point-of-sale transfers,automated teller
machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse
transfers.
(M) "Escrow Items"means those items that are described in Section 3.
(N) "Miscellaneous Proceeds"means any compensation,settlement,award of damages,or proceeds paid
by any third party(other than insurance proceeds paid under the coverages described in Section 5)for:(i)
damage to,or destruction of,the Property;(ii)condemnation or other taking of all or any part of the
Property;(iii)conveyance in lieu of condemnation;or(iv)misrepresentations of,or omissions as to,the
value and/or condition of the Property.
TEXAS-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS
VMP -6A(TX) (0811) Page 2 or 16 Initials:J R, Form 3044 1/01
•
(0) "Mortgage Insurance"means insurance protecting Lender against the nonpayment of,or default on,
the Loan.
(P)"Periodic Payment"means the regularly scheduled amount due for(i)principal and interest under the
Note,plus(ii)any amounts under Section 3 of this Security Instrument.
(Q)"RESPA"means the Real Estate Settlement Procedures Act(12 U.S.C. Section 2601 et seq.)and its
implementing regulation,Regulation X(24 C.F.R.Part 3500),as they might be amended from time to
time,or any additional or successor legislation or regulation that governs the same subject matter.As used
in this Security Instrument, "RESPA"refers to all requirements and restrictions that are imposed in regard
to a"federally related mortgage loan"even if the Loan does not qualify as a"federally related mortgage
loan"under RESPA.
(R) "Successor in Interest of Borrower" means any party that has taken title to the Property,whether or
not that party has assumed Borrower's obligations under the Note and/or this Security Instrument.
TRANSFER OF RIGHTS IN THE PROPERTY
The beneficiary of this Security Instrument is MERS(solely as nominee for Lender and Lender's
successors and assigns)and the successors and assigns of MERS. This Security Instrument
secures to Lender: (i)the repayment of the Loan,and all renewals,extensions and modifications
of the Note; and(ii)the performance of Borrower's covenants and agreements under this
Security Instrument and the Note. For this purpose,Borrower irrevocably grants and conveys to
Trustee, in trust, with power of sale, the following described property located in the •
COUNTY of HARRIS
•
[Type of Recording Jurisdiction] [Name of Recording Jurisdiction]
See legal description attached
Parcel ID Number: which currently has the address of
3901 ARNOLD STREET [Street]
HOUSTON [City], Texas 77005 [Zip Code]
("Property Address"):
TOGETHER WITH all the improvements now or hereafter erected on the property, and all
easements,appurtenances,and fixtures now or hereafter a part of the property.All replacements and
additions shall also be covered by this Security Instrument.All of the foregoing is referred to in this
TEXAS-Single Family- Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS
VMP -6A(TX) (0811) Page 3 or is Initiais:11 Form 3044 1/01
Security Instrument as the"Property."Borrower understands and agrees that MERS holds only legal title
to the interests granted by Borrower in this Security Instrument,but,if necessary to comply with law or
custom,MERS(as nominee for Lender and Lender's successors and assigns)has the right:to exercise any
or all of those interests,including,but not limited to,the right to foreclose and sell the Property;and to
take any action required of Lender including,but not limited to,releasing and canceling this Security
Instrument.
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has
the right to grant and convey the Property and that the Property is unencumbered,except for encumbrances
of record.Borrower warrants and will defend generally the title to the Property against all claims and
demands,subject to any encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform
covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real
property.
UNIFORM COVENANTS.Borrower and Lender covenant and agree as follows:
1.Payment of Principal,Interest,Escrow Items,Prepayment Charges,and Late Charges.
Borrower shall pay when due the principal of,and interest on,the debt evidenced by the Note and any
prepayment charges and late charges due under the Note.Borrower shall also pay funds for Escrow Items
pursuant to Section 3.Payments due under the Note and this Security Instrument shall be made in U.S.
currency.However,if any check or other instrument received by Lender as payment under the Note or this
Security Instrument is returned to Lender unpaid,Lender may require that any or all subsequent payments
due under the Note and this Security Instrument be made in one or more of the following forms,as
selected by Lender:(a)cash;(b)money order;(c)certified check,bank check,treasurer's check or
cashier's check,provided any such check is drawn upon an institution whose deposits are insured by a
federal agency,instrumentality,or entity;or(d)Electronic Funds Transfer.
Payments are deemed received by Lender when received at the location designated in the Note or at
such other location as may be designated by Lender in accordance with the notice provisions in Section 15.
Lender may return any payment or partial payment if the payment or partial payments are insufficient to
bring the Loan current.Lender may accept any payment or partial payment insufficient to bring the Loan
current,without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial
payments in the future,but Lender is not obligated to apply such payments at the time such payments are
accepted.If each Periodic Payment is applied as of its scheduled due date,then Lender need not pay
interest on unapplied funds.Lender may hold such unapplied funds until Borrower makes payment to bring
the Loan current.If Borrower does not do so within a reasonable period of time,Lender shall either apply
such funds or return them to Borrower.If not applied earlier,such funds will be applied to the outstanding
principal balance under the Note immediately prior to foreclosure.No offset or claim which Borrower
might have now or in the future against Lender shall relieve Borrower from making payments due under
the Note and this Security Instrument or performing the covenants and agreements secured by this Security
Instrument.
2.Application of Payments or Proceeds. Except as otherwise described in this Section 2,all
payments accepted and applied by Lender shall be applied in the following order of priority:(a)interest
due under the Note;(b)principal due under the Note;(c)amounts due under Section 3.Such payments
shall be applied to each Periodic Payment in the order in which it became due.Any remaining amounts
shall be applied first to late charges,second to any other amounts due under this Security Instrument,and
then to reduce the principal balance of the Note.
If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a
sufficient amount to pay any late charge due,the payment may be applied to the delinquent payment and
the late charge.If more than one Periodic Payment is outstanding,Lender may apply any payment received
from Borrower to the repayment of the Periodic Payments if,and to the extent that,each payment can be
paid in full.To the extent that any excess exists after the payment is applied to the full payment of one or
more Periodic Payments,such excess may be applied to any late charges due.Voluntary prepayments shall
be applied first to any prepayment charges and then as described in the Note.
Any application of payments,insurance proceeds,or Miscellaneous Proceeds to principal due under
the Note shall not extend or postpone the due date,or change the amount,of the Periodic Payments.
TEXAS-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS
VMP -6A(TX) (0811) Page 4 of 16 inniais: Form 3044 1/01
4
3.Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due
under the Note,until the Note is paid in full,a sum(the"Funds")to provide for payment of amounts due
for: (a)taxes and assessments and other items which can attain priority over this Security Instrument as a
lien or encumbrance on the Property;(b)leasehold payments or ground rents on the Property,if any;(c)
premiums for any and all insurance required by Lender under Section 5;and(d)Mortgage Insurance
premiums,if any,or any sums payable by Borrower to Lender in lieu of the payment of Mortgage
Insurance premiums in accordance with the provisions of Section 10.These items are called"Escrow
Items."At origination or at any time during the term of the Loan,Lender may require that Community
Association Dues,Fees,and Assessments,if any,be escrowed by Borrower,and such dues,fees and
assessments shall be an Escrow Item.Borrower shall promptly furnish to Lender all notices of amounts to
be paid under this Section.Borrower shall pay Lender the Funds for Escrow Items unless Lender waives
Borrower's obligation to pay the Funds for any or all Escrow Items.Lender may waive Borrower's
obligation to pay to Lender Funds for any or all Escrow Items at any time.Any such waiver may only be
in writing.In the event of such waiver,Borrower shall pay directly,when and where payable,the amounts
due for any Escrow Items for which payment of Funds has been waived by Lender and,if Lender requires,
shall furnish to Lender receipts evidencing such payment within such time period as Lender may require.
Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to
be a covenant and agreement contained in this Security Instrument,as the phrase"covenant and agreement"
is used in Section 9.If Borrower is obligated to pay Escrow Items directly,pursuant to a waiver,and
Borrower fails to pay the amount due for an Escrow Item,Lender may exercise its rights under Section 9
and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such
amount.Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in
accordance with Section 15 and,upon such revocation,Borrower shall pay to Lender all Funds,and in
such amounts,that are then required under this Section 3.
Lender may,at any time,collect and hold Funds in an amount(a)sufficient to permit Lender to apply
the Funds at the time specified under RESPA,and(b)not to exceed the maximum amount a lender can
require under RESPA.Lender shall estimate the amount of Funds due on the basis of current data and
reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable
Law.
The Funds shall be held in an institution whose deposits are insured by a federal agency,
instrumentality,or entity(including Lender,if Lender is an institution whose deposits are so insured)or in
any Federal Home Loan Bank.Lender shall apply the Funds to pay the Escrow Items no later than the time
specified under RESPA.Lender shall not charge Borrower for holding and applying the Funds,annually
analyzing the escrow account,or verifying the Escrow Items,unless Lender pays Borrower interest on the
Funds and Applicable Law permits Lender to make such a charge.Unless an agreement is made in writing
or Applicable Law requires interest to be paid on the Funds,Lender shall not be required to pay Borrower
any interest or earnings on the Funds.Borrower and Lender can agree in writing,however,that interest
shall be paid on the Funds.Lender shall give to Borrower,without charge,an annual accounting of the
Funds as required by RESPA.
If there is a surplus of Funds held in escrow,as defined under RESPA,Lender shall account to
Borrower for the excess funds in accordance with RESPA.If there is a shortage of Funds held in escrow,
as defined under RESPA,Lender shall notify Borrower as required by RESPA,and Borrower shall pay to
Lender the amount necessary to make up the shortage in accordance with RESPA,but in no more than 12
monthly payments.If there is a deficiency of Funds held in escrow,as defined under RESPA,Lender shall
notify Borrower as required by RESPA,and Borrower shall pay to Lender the amount necessary to make
up the deficiency in accordance with RESPA,but in no more than 12 monthly payments.
Upon payment in full of all sums secured by this Security Instrument,Lender shall promptly refund
to Borrower any Funds held by Lender.
4.Charges;Liens. Borrower shall pay all taxes,assessments,charges,fines,and impositions
attributable to the Property which can attain priority over this Security Instrument,leasehold payments or
ground rents on the Property,if any,and Community Association Dues,Fees,and Assessments,if any.To
the extent that these items are Escrow Items,Borrower shall pay them in the manner provided in Section 3.
TEXAS-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS y
VMP -6A(TX) (0811) Page 5 of 16 Initials:, +.. Form 3044 1/01
•
Borrower shall promptly discharge any lien which has priority over this Security Instrument unless
Borrower: (a)agrees in writing to the payment of the obligation secured by the lien in a manner acceptable
to Lender,but only so long as Borrower is performing such agreement;(b)contests the lien in good faith
by,or defends against enforcement of the lien in,legal proceedings which in Lender's opinion operate to
prevent the enforcement of the lien while those proceedings are pending,but only until such proceedings
are concluded;or(c)secures from the holder of the lien an agreement satisfactory to Lender subordinating
the lien to this Security Instrument.If Lender determines that any part of the Property is subject to a lien
which can attain priority over this Security Instrument,Lender may give Borrower a notice identifying the
lien.Within 10 days of the date on which that notice is given,Borrower shall satisfy the lien or take one or
more of the actions set forth above in this Section 4.
Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or
reporting service used by Lender in connection with this Loan.
5.Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on
the Property insured against loss by fire,hazards included within the term"extended coverage,"and any
other hazards including,but not limited to,earthquakes and floods,for which Lender requires insurance.
This insurance shall be maintained in the amounts(including deductible levels)and for the periods that
Lender requires.What Lender requires pursuant to the preceding sentences can change during the term of
the Loan.The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's
right to disapprove Borrower's choice,which right shall not be exercised unreasonably.Lender may
require Borrower to pay,in connection with this Loan,either:(a)a one-time charge for flood zone
determination,certification and tracking services;or(b)a one-time charge for flood zone determination
and certification services and subsequent charges each time remappings or similar changes occur which
reasonably might affect such determination or certification.Borrower shall also be responsible for the
payment of any fees imposed by the Federal Emergency Management Agency in connection with the
review of any flood zone determination resulting from an objection by Borrower.
If Borrower fails to maintain any of the coverages described above,Lender may obtain insurance
coverage,at Lender's option and Borrower's expense.Lender is under no obligation to purchase any
particular type or amount of coverage.Therefore,such coverage shall cover Lender,but might or might
not protect Borrower,Borrower's equity in the Property,or the contents of the Property,against any risk,
hazard or liability and might provide greater or lesser coverage than was previously in effect.Borrower
acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of
insurance that Borrower could have obtained.Any amounts disbursed by Lender under this Section 5 shall
become additional debt of Borrower secured by this Security Instrument.These amounts shall bear interest
at the Note rate from the date of disbursement and shall be payable,with such interest,upon notice from
Lender to Borrower requesting payment.
All insurance policies required by Lender and renewals of such policies shall be subject to Lender's
right to disapprove such policies,shall include a standard mortgage clause,and shall name Lender as
mortgagee and/or as an additional loss payee.Lender shall have the right to hold the policies and renewal
certificates.If Lender requires,Borrower shall promptly give to Lender all receipts of paid premiums and
renewal notices.If Borrower obtains any form of insurance coverage,not otherwise required by Lender,
for damage to,or destruction of,the Property,such policy shall include a standard mortgage clause and
shall name Lender as mortgagee and/or as an additional loss payee.
In the event of loss,Borrower shall give prompt notice to the insurance carrier and Lender.Lender
may make proof of loss if not made promptly by Borrower.Unless Lender and Borrower otherwise agree
in writing,any insurance proceeds,whether or not the underlying insurance was required by Lender,shall
be applied to restoration or repair of the Property,if the restoration or repair is economically feasible and
Lender's security is not lessened.During such repair and restoration period,Lender shall have the right to
hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the
work has been completed to Lender's satisfaction,provided that such inspection shall be undertaken
promptly.Lender may disburse proceeds for the repairs and restoration in a single payment or in a series
of progress payments as the work is completed.Unless an agreement is made in writing or Applicable Law
requires interest to be paid on such insurance proceeds,Lender shall not be required to pay Borrower any
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.
interest or earnings on such proceeds.Fees for public adjusters,or other third parties,retained by
Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower.If
the restoration or repair is not economically feasible or Lender's security would be lessened,the insurance
proceeds shall be applied to the sums secured by this Security Instrument,whether or not then due,with
the excess,if any,paid to Borrower. Such insurance proceeds shall be applied in the order provided for in
Section 2.
If Borrower abandons the Property,Lender may file,negotiate and settle any available insurance
claim and related matters.If Borrower does not respond within 30 days to a notice from Lender that the
insurance carrier has offered to settle a claim,then Lender may negotiate and settle the claim.The 30-day
period will begin when the notice is given.In either event,or if Lender acquires the Property under
Section 22 or otherwise,Borrower hereby assigns to Lender(a)Borrower's rights to any insurance
proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument,and
(b)any other of Borrower's rights(other than the right to any refund of unearned premiums paid by
Borrower)under all insurance policies covering the Property,insofar as such rights are applicable to the
coverage of the Property.Lender may use the insurance proceeds either to repair or restore the Property or
to pay amounts unpaid under the Note or this Security Instrument,whether or not then due.
6.Occupancy. Borrower shall occupy,establish,and use the Property as Borrower's principal
residence within 60 days after the execution of this Security Instrument and shall continue to occupy the
Property as Borrower's principal residence for at least one year after the date of occupancy,unless Lender
otherwise agrees in writing,which consent shall not be unreasonably withheld,or unless extenuating
circumstances exist which are beyond Borrower's control.
7.Preservation,Maintenance and Protection of the Property; Inspections. Borrower shall not
destroy,damage or impair the Property,allow the Property to deteriorate or commit waste on the
Property.Whether or not Borrower is residing in the Property,Borrower shall maintain the Property in
order to prevent the Property from deteriorating or decreasing in value due to its condition.Unless it is
determined pursuant to Section 5 that repair or restoration is not economically feasible,Borrower shall
promptly repair the Property if damaged to avoid further deterioration or damage.If insurance or
condemnation proceeds are paid in connection with damage to,or the taking of,the Property,Borrower
shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such
purposes.Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of
progress payments as the work is completed.If the insurance or condemnation proceeds are not sufficient
to repair or restore the Property,Borrower is not relieved of Borrower's obligation for the completion of
such repair or restoration.
Lender or its agent may make reasonable entries upon and inspections of the Property.If it has
reasonable cause,Lender may inspect the interior of the improvements on the Property.Lender shall give
Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause.
8.Borrower's Loan Application. Borrower shall be in default if,during the Loan application
process,Borrower or any persons or entities acting at the direction of Borrower or with Borrower's
knowledge or consent gave materially false,misleading,or inaccurate information or statements to Lender
(or failed to provide Lender with material information)in connection with the Loan. Material
representations include,but are not limited to,representations concerning Borrower's occupancy of the
Property as Borrower's principal residence.
9.Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If
(a)Borrower fails to perform the covenants and agreements contained in this Security Instrument,(b)there
is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under
this Security Instrument(such as a proceeding in bankruptcy,probate,for condemnation or forfeiture,for
enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or
regulations),or(c)Borrower has abandoned the Property,then Lender may do and pay for whatever is
reasonable or appropriate to protect Lender's interest in the Property and rights under this Security
Instrument,including protecting and/or assessing the value of the Property,and securing and/or repairing
the Property.Lender's actions can include,but are not limited to:(a)paying any sums secured by a lien
which has priority over this Security Instrument;(b)appearing in court;and(c)paying reasonable
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attorneys'fees to protect its interest in the Property and/or rights under this Security Instrument,including
its secured position in a bankruptcy proceeding.Securing the Property includes,but is not limited to,
entering the Property to make repairs,change locks,replace or board up doors and windows,drain water
from pipes,eliminate building or other code violations or dangerous conditions,and have utilities turned
on or off.Although Lender may take action under this Section 9,Lender does not have to do so and is not
under any duty or obligation to do so.It is agreed that Lender incurs no liability for not taking any or all
actions authorized under this Section 9.
Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower
secured by this Security Instrument.These amounts shall bear interest at the Note rate from the date of
disbursement and shall be payable,with such interest,upon notice from Lender to Borrower requesting
payment.
If this Security Instrument is on a leasehold,Borrower shall comply with all the provisions of the
lease.If Borrower acquires fee title to the Property,the leasehold and the fee title shall not merge unless
Lender agrees to the merger in writing.
10.Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan,
Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect.If,for any reason,
the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that
previously provided such insurance and Borrower was required to make separately designated payments
toward the premiums for Mortgage Insurance,Borrower shall pay the premiums required to obtain
coverage substantially equivalent to the Mortgage Insurance previously in effect,at a cost substantially
equivalent to the cost to Borrower of the Mortgage Insurance previously in effect,from an alternate
mortgage insurer selected by Lender.If substantially equivalent Mortgage Insurance coverage is not
available,Borrower shall continue to pay to Lender the amount of the separately designated payments that
were due when the insurance coverage ceased to be in effect.Lender will accept,use and retain these
payments as a non-refundable loss reserve in lieu of Mortgage Insurance.Such loss reserve shall be
non-refundable,notwithstanding the fact that the Loan is ultimately paid in full,and Lender shall not be
required to pay Borrower any interest or earnings on such loss reserve.Lender can no longer require loss
reserve payments if Mortgage Insurance coverage(in the amount and for the period that Lender requires)
provided by an insurer selected by Lender again becomes available,is obtained,and Lender requires
separately designated payments toward the premiums for Mortgage Insurance.If Lender required Mortgage
Insurance as a condition of making the Loan and Borrower was required to make separately designated
payments toward the premiums for Mortgage Insurance,Borrower shall pay the premiums required to
maintain Mortgage Insurance in effect,or to provide a non-refundable loss reserve,until Lender's
requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and
Lender providing for such termination or until termination is required by Applicable Law.Nothing in this
Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note.
Mortgage Insurance reimburses Lender(or any entity that purchases the Note)for certain losses it
may incur if Borrower does not repay the Loan as agreed.Borrower is not a party to the Mortgage
Insurance.
Mortgage insurers evaluate their total risk on all such insurance in force from time to time,and may
enter into agreements with other parties that share or modify their risk,or reduce losses.These agreements
are on terms and conditions that are satisfactory to the mortgage insurer and the other party(or parties)to
these agreements.These agreements may require the mortgage insurer to make payments using any source
of funds that the mortgage insurer may have available(which may include funds obtained from Mortgage
Insurance premiums).
As a result of these agreements,Lender,any purchaser of the Note,another insurer,any reinsurer,
any other entity,or any affiliate of any of the foregoing,may receive(directly or indirectly)amounts that
derive from(or might be characterized as)a portion of Borrower's payments for Mortgage Insurance,in
exchange for sharing or modifying the mortgage insurer's risk,or reducing losses.If such agreement
provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the
premiums paid to the insurer,the arrangement is often termed"captive reinsurance."Further:
(a)Any such agreements will not affect the amounts that Borrower has agreed to pay for
Mortgage Insurance,or any other terms of the Loan.Such agreements will not increase the amount
Borrower will owe for Mortgage Insurance,and they will not entitle Borrower to any refund.
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(b)Any such agreements will not affect the rights Borrower has-if any-with respect to the
Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law.These rights
may include the right to receive certain disclosures, to request and obtain cancellation of the
Mortgage Insurance,to have the Mortgage Insurance terminated automatically,and/or to receive a
refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or
termination.
11.Assignment of Miscellaneous Proceeds;Forfeiture. All Miscellaneous Proceeds are hereby
assigned to and shall be paid to Lender.
If the Property is damaged,such Miscellaneous Proceeds shall be applied to restoration or repair of
the Property,if the restoration or repair is economically feasible and Lender's security is not lessened.
During such repair and restoration period,Lender shall have the right to hold such Miscellaneous Proceeds
until Lender has had an opportunity to inspect such Property to ensure the work has been completed to
Lender's satisfaction,provided that such inspection shall be undertaken promptly.Lender may pay for the
repairs and restoration in a single disbursement or in a series of progress payments as the work is
completed.Unless an agreement is made in writing or Applicable Law requires interest to be paid on such
Miscellaneous Proceeds,Lender shall not be required to pay Borrower any interest or earnings on such
Miscellaneous Proceeds.If the restoration or repair is not economically feasible or Lender's security would
be lessened,the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument,
whether or not then due,with the excess,if any,paid to Borrower.Such Miscellaneous Proceeds shall be
applied in the order provided for in Section 2.
In the event of a total taking,destruction,or loss in value of the Property,the Miscellaneous
Proceeds shall be applied to the sums secured by this Security Instrument,whether or not then due,with
the excess,if any,paid to Borrower.
In the event of a partial taking,destruction,or loss in value of the Property in which the fair market
value of the Property immediately before the partial taking,destruction,or loss in value is equal to or
greater than the amount of the sums secured by this Security Instrument immediately before the partial
taking,destruction,or loss in value,unless Borrower and Lender otherwise agree in writing,the sums
secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds
multiplied by the following fraction:(a)the total amount of the sums secured immediately before the
partial taking,destruction,or loss in value divided by(b)the fair market value of the Property
immediately before the partial taking,destruction,or loss in value.Any balance shall be paid to Borrower.
In the event of a partial taking,destruction,or loss in value of the Property in which the fair market
value of the Property immediately before the partial taking,destruction,or loss in value is less than the
amount of the sums secured immediately before the partial taking,destruction,or loss in value,unless
Borrower and Lender otherwise agree in writing,the Miscellaneous Proceeds shall be applied to the sums
secured by this Security Instrument whether or not the sums are then due.
If the Property is abandoned by Borrower,or if,after notice by Lender to Borrower that the
Opposing Party(as defined in the next sentence)offers to make an award to settle a claim for damages,
Borrower fails to respond to Lender within 30 days after the date the notice is given,Lender is authorized
to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the
sums secured by this Security Instrument,whether or not then due. "Opposing Party"means the third party
that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in
regard to Miscellaneous Proceeds.
Borrower shall be in default if any action or proceeding,whether civil or criminal,is begun that,in
Lender's judgment,could result in forfeiture of the Property or other material impairment of Lender's
interest in the Property or rights under this Security Instrument.Borrower can cure such a default and,if
acceleration has occurred,reinstate as provided in Section 19,by causing the action or proceeding to be
dismissed with a ruling that,in Lender's judgment,precludes forfeiture of the Property or other material
impairment of Lender's interest in the Property or rights under this Security Instrument.The proceeds of
any award or claim for damages that are attributable to the impairment of Lender's interest in the Property
are hereby assigned and shall be paid to Lender.
All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be
applied in the order provided for in Section 2.
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9\t"'
12.Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for
payment or modification of amortization of the sums secured by this Security Instrument granted by Lender
to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower
or any Successors in Interest of Borrower.Lender shall not be required to commence proceedings against
any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify
amortization of the sums secured by this Security Instrument by reason of any demand made by the original
Borrower or any Successors in Interest of Borrower.Any forbearance by Lender in exercising any right or
remedy including,without limitation,Lender's acceptance of payments from third persons,entities or
Successors in Interest of Borrower or in amounts less than the amount then due,shall not be a waiver of or
preclude the exercise of any right or remedy.
13.Joint and Several Liability; Co-signers;Successors and Assigns Bound. Borrower covenants
and agrees that Borrower's obligations and liability shall be joint and several.However,any Borrower who
co-signs this Security Instrument but does not execute the Note(a"co-signer"): (a)is co-signing this
Security Instrument only to mortgage,grant and convey the co-signer's interest in the Property under the
terms of this Security Instrument;(b)is not personally obligated to pay the sums secured by this Security
Instrument;and(c)agrees that Lender and any other Borrower can agree to extend,modify,forbear or
make any accommodations with regard to the terms of this Security Instrument or the Note without the
co-signer's consent.
Subject to the provisions of Section 18,any Successor in Interest of Borrower who assumes
Borrower's obligations under this Security Instrument in writing,and is approved by Lender,shall obtain
all of Borrower's rights and benefits under this Security Instrument.Borrower shall not be released from
Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in
writing.The covenants and agreements of this Security Instrument shall bind(except as provided in
Section 20)and benefit the successors and assigns of Lender.
14.Loan Charges. Lender may charge Borrower fees for services performed in connection with
Borrower's default,for the purpose of protecting Lender's interest in the Property and rights under this
Security Instrument,including,but not limited to,attorneys'fees,property inspection and valuation fees.
In regard to any other fees,the absence of express authority in this Security Instrument to charge a specific
fee to Borrower shall not be construed as a prohibition on the charging of such fee.Lender may not charge
fees that are expressly prohibited by this Security Instrument or by Applicable Law.
If the Loan is subject to a law which sets maximum loan charges,and that law is finally interpreted so
that the interest or other loan charges collected or to be collected in connection with the Loan exceed the
permitted limits,then:(a)any such loan charge shall be reduced by the amount necessary to reduce the
charge to the permitted limit;and(b)any sums already collected from Borrower which exceeded permitted
limits will be refunded to Borrower.Lender may choose to make this refund by reducing the principal
owed under the Note or by making a direct payment to Borrower.If a refund reduces principal,the
reduction will be treated as a partial prepayment without any prepayment charge(whether or not a
prepayment charge is provided for under the Note).Borrower's acceptance of any such refund made by
direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out
of such overcharge.
15.Notices. All notices given by Borrower or Lender in connection with this Security Instrument
must be in writing.Any notice to Borrower in connection with this Security Instrument shall be deemed to
have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's
notice address if sent by other means.Notice to any one Borrower shall constitute notice to all Borrowers
unless Applicable Law expressly requires otherwise.The notice address shall be the Property Address
unless Borrower has designated a substitute notice address by notice to Lender.Borrower shall promptly
notify Lender of Borrower's change of address.If Lender specifies a procedure for reporting Borrower's
change of address,then Borrower shall only report a change of address through that specified procedure.
There may be only one designated notice address under this Security Instrument at any one time.Any
notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address
stated herein unless Lender has designated another address by notice to Borrower. Any notice in
connection with this Security Instrument shall not be deemed to have been given to Lender until actually
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received by Lender. If any notice required by this Security Instrument is also required under Applicable
Law,the Applicable Law requirement will satisfy the corresponding requirement under this Security
Instrument.
16. Governing Law; Severability;Rules of Construction. This Security Instrument shall be
governed by federal law and the law of the jurisdiction in which the Property is located.All rights and
obligations contained in this Security Instrument are subject to any requirements and limitations of
Applicable Law.Applicable Law might explicitly or implicitly allow the parties to agree by contract or it
might be silent,but such silence shall not be construed as a prohibition against agreement by contract.In
the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable
Law,such conflict shall not affect other provisions of this Security Instrument or the Note which can be
given effect without the conflicting provision.
As used in this Security Instrument:(a)words of the masculine gender shall mean and include
corresponding neuter words or words of the feminine gender;(b)words in the singular shall mean and
include the plural and vice versa;and(c)the word"may"gives sole discretion without any obligation to
take any action.
17.Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument.
18.Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18,
"Interest in the Property"means any legal or beneficial interest in the Property,including,but not limited
to,those beneficial interests transferred in a bond for deed,contract for deed,installment sales contract or
escrow agreement,the intent of which is the transfer of title by Borrower at a future date to a purchaser.
If all or any part of the Property or any Interest in the Property is sold or transferred(or if Borrower
is not a natural person and a beneficial interest in Borrower is sold or transferred)without Lender's prior
written consent,Lender may require immediate payment in full of all sums secured by this Security
Instrument.However,this option shall not be exercised by Lender if such exercise is prohibited by
Applicable Law.
If Lender exercises this option,Lender shall give Borrower notice of acceleration.The notice shall
provide a period of not less than 30 days from the date the notice is given in accordance with Section 15
within which Borrower must pay all sums secured by this Security Instrument.If Borrower fails to pay
these sums prior to the expiration of this period,Lender may invoke any remedies permitted by this
Security Instrument without further notice or demand on Borrower.
19.Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions,
Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time
prior to the earliest of:(a)five days before sale of the Property pursuant to any power of sale contained in
this Security Instrument;(b)such other period as Applicable Law might specify for the termination of
Borrower's right to reinstate;or(c)entry of a judgment enforcing this Security Instrument.Those
conditions are that Borrower:(a)pays Lender all sums which then would be due under this Security
Instrument and the Note as if no acceleration had occurred;(b)cures any default of any other covenants or
agreements;(c)pays all expenses incurred in enforcing this Security Instrument,including,but not limited
to,reasonable attorneys'fees,property inspection and valuation fees,and other fees incurred for the
purpose of protecting Lender's interest in the Property and rights under this Security Instrument;and(d)
takes such action as Lender may reasonably require to assure that Lender's interest in the Property and
rights under this Security Instrument,and Borrower's obligation to pay the sums secured by this Security
Instrument,shall continue unchanged.Lender may require that Borrower pay such reinstatement sums and
expenses in one or more of the following forms,as selected by Lender:(a)cash;(b)money order;(c)
certified check,bank check,treasurer's check or cashier's check,provided any such check is drawn upon
an institution whose deposits are insured by a federal agency,instrumentality or entity;or(d)Electronic
Funds Transfer.Upon reinstatement by Borrower,this Security Instrument and obligations secured hereby
shall remain fully effective as if no acceleration had occurred.However,this right to reinstate shall not
apply in the case of acceleration under Section 18.
20.Sale of Note;Change of Loan Servicer;Notice of Grievance. The Note or a partial interest in
the Note(together with this Security Instrument)can be sold one or more times without prior notice to
Borrower.A sale might result in a change in the entity(known as the"Loan Servicer")that collects
Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan
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)e
servicing obligations under the Note,this Security Instrument,and Applicable Law.There also might be
one or more changes of the Loan Servicer unrelated to a sale of the Note.If there is a change of the Loan
Servicer,Borrower will be given written notice of the change which will state the name and address of the
new Loan Servicer,the address to which payments should be made and any other information RESPA
requires in connection with a notice of transfer of servicing.If the Note is sold and thereafter the Loan is
serviced by a Loan Servicer other than the purchaser of the Note,the mortgage loan servicing obligations
to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not
assumed by the Note purchaser unless otherwise provided by the Note purchaser.
Neither Borrower nor Lender may commence,join,or be joined to any judicial action(as either an
individual litigant or the member of a class)that arises from the other party's actions pursuant to this
Security Instrument or that alleges that the other party has breached any provision of,or any duty owed by
reason of,this Security Instrument,until such Borrower or Lender has notified the other party(with such
notice given in compliance with the requirements of Section 15)of such alleged breach and afforded the
other party hereto a reasonable period after the giving of such notice to take corrective action.If
Applicable Law provides a time period which must elapse before certain action can be taken,that time
period will be deemed to be reasonable for purposes of this paragraph.The notice of acceleration and
opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to
Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective
action provisions of this Section 20.
21.Hazardous Substances. As used in this Section 21: (a)"Hazardous Substances"are those
substances defined as toxic or hazardous substances,pollutants,or wastes by Environmental Law and the
following substances:gasoline,kerosene,other flammable or toxic petroleum products,toxic pesticides
and herbicides,volatile solvents,materials containing asbestos or formaldehyde,and radioactive materials;
(b)"Environmental Law"means federal laws and laws of the jurisdiction where the Property is located that
relate to health,safety or environmental protection;(c)"Environmental Cleanup"includes any response
action,remedial action,or removal action,as deemed in Environmental Law;and(d)an"Environmental
Condition"means a condition that can cause,contribute to,or otherwise trigger an Environmental
Cleanup.
Borrower shall not cause or permit the presence,use,disposal,storage,or release of any Hazardous
Substances,or threaten to release any Hazardous Substances,on or in the Property.Borrower shall not do,
nor allow anyone else to do,anything affecting the Property(a)that is in violation of any Environmental
Law,(b)which creates an Environmental Condition,or(c)which,due to the presence,use,or release of a
Hazardous Substance,creates a condition that adversely affects the value of the Property.The preceding
two sentences shall not apply to the presence,use,or storage on the Property of small quantities of
Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to
maintenance of the Property(including,but not limited to,hazardous substances in consumer products).
Borrower shall promptly give Lender written notice of(a)any investigation,claim,demand,lawsuit
or other action by any governmental or regulatory agency or private party involving the Property and any
Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b)any
Environmental Condition,including but not limited to,any spilling,leaking,discharge,release or threat of
release of any Hazardous Substance,and(c)any condition caused by the presence,use or release of a
Hazardous Substance which adversely affects the value of the Property.If Borrower learns,or is notified
by any governmental or regulatory authority,or any private party,that any removal or other remediation
of any Hazardous Substance affecting the Property is necessary,Borrower shall promptly take all necessary
remedial actions in accordance with Environmental Law.Nothing herein shall create any obligation on
Lender for an Environmental Cleanup.
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NON-UNIFORM COVENANTS.Borrower and Lender further covenant and agree as follows:
22.Acceleration;Remedies.Lender shall give notice to Borrower prior to acceleration following
Borrower's breach of any covenant or agreement in this Security Instrument(but not prior to
acceleration under Section 18 unless Applicable Law provides otherwise).The notice shall specify:(a)
the default;(b)the action required to cure the default; (c)a date,not less than 30 days from the date
the notice is given to Borrower,by which the default must be cured;and(d)that failure to cure the
default on or before the date specified in the notice will result in acceleration of the sums secured by
this Security Instrument and sale of the Property.The notice shall further inform Borrower of the
right to reinstate after acceleration and the right to bring a court action to assert the non-existence of
a default or any other defense of Borrower to acceleration and sale.If the default is not cured on or
before the date specified in the notice,Lender at its option may require immediate payment in full of
all sums secured by this Security Instrument without further demand and may invoke the power of
sale and any other remedies permitted by Applicable Law.Lender shall be entitled to collect all
expenses incurred in pursuing the remedies provided in this Section 22,including,but not limited to,
reasonable attorneys' fees and costs of title evidence.For the purposes of this Section 22,the term
"Lender" includes any holder of the Note who is entitled to receive payments under the Note.
If Lender invokes the power of sale,Lender or Trustee shall give notice of the time,place and
terms of sale by posting and filing the notice at least 21 days prior to sale as provided by Applicable
Law.Lender shall mail a copy of the notice to Borrower in the manner prescribed by Applicable
Law.Sale shall be made at public venue.The sale must begin at the time stated in the notice of sale
or not later than three hours after that time and between the hours of 10 a.m.and 4 p.m.on the first
Tuesday of the month.Borrower authorizes Trustee to sell the property to the highest bidder for cash
in one or more parcels and in any order Trustee determines.Lender or its designee may purchase the
Property at any sale.
Trustee shall deliver to the purchaser Trustee's deed conveying indefeasible title to the Property
with covenants of general warranty from Borrower. Borrower covenants and agrees to defend
generally the purchaser's title to the Property against all claims and demands.The recitals in the
Trustee's deed shall be prima facie evidence of the truth of the statements made therein.Trustee shall
apply the proceeds of the sale in the following order:(a)to all expenses of the sale,including,but not
limited to, reasonable Trustee's and attorneys' fees;(b)to all sums secured by this Security
Instrument;and(c)any excess to the person or persons legally entitled to it.
If the Property is sold pursuant to this Section 22,Borrower or any person holding possession of
the Property through Borrower shall immediately surrender possession of the Property to the
purchaser at that sale.If possession is not surrendered,Borrower or such person shall be a tenant at
sufferance and may be removed by writ of possession or other court proceeding.
23.Release. Upon payment of all sums secured by this Security Instrument,Lender shall provide a
release of this Security Instrument to Borrower or Borrower's designated agent in accordance with
Applicable Law.Borrower shall pay any recordation costs.Lender may charge Borrower a fee for
releasing this Security Instrument,but only if the fee is paid to a third party for services rendered and the
charging of the fee is permitted under Applicable Law.
24.Substitute Trustee;Trustee Liability. All rights,remedies and duties of Trustee under this
Security Instrument may be exercised or performed by one or more trustees acting alone or together.
Lender,at its option and with or without cause,may from time to time,by power of attorney or otherwise,
remove or substitute any trustee,add one or more trustees,or appoint a successor trustee to any Trustee
without the necessity of any formality other than a designation by Lender in writing.Without any further
act or conveyance of the Property the substitute,additional or successor trustee shall become vested with
the title,rights,remedies,powers and duties conferred upon Trustee herein and by Applicable Law.
TEXAS -Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS
VMP -6A(TX) (0511) Page 13 of 16 Initials: Form 3044 1/01
Trustee shall not be liable if acting upon any notice,request,consent,demand,statement or other
document believed by Trustee to be correct.Trustee shall not be liable for any act or omission unless such
act or omission is willful.
25.Subrogation. Any of the proceeds of the Note used to take up outstanding liens against all or any
part of the Property have been advanced by Lender at Borrower's request and upon Borrower's
representation that such amounts are due and are secured by valid liens against the Property.Lender shall
be subrogated to any and all rights,superior titles,liens and equities owned or claimed by any owner or
holder of any outstanding liens and debts,regardless of whether said liens or debts are acquired by Lender
by assignment or are released by the holder thereof upon payment.
26.Partial Invalidity. In the event any portion of the sums intended to be secured by this Security
Instrument cannot be lawfully secured hereby,payments in reduction of such sums shall be applied first to
those portions not secured hereby.
27.Purchase Money;Owelty of Partition;Renewal and Extension of Liens Against Homestead
Property;Acknowledgment of Cash Advanced Against Non-Homestead Property. Check box as
applicable:
Purchase Money.
The funds advanced to Borrower under the Note were used to pay all or part of the purchase price of
the Property.The Note also is primarily secured by the vendor's lien retained in the deed of even date with
this Security Instrument conveying the Property to Borrower,which vendor's lien has been assigned to
Lender,this Security Instrument being additional security for such vendor's lien.
Owelty of Partition.
The Note represents funds advanced by Lender at the special instance and request of Borrower for the
purpose of acquiring the entire fee simple title to the Property and the existence of an owelty of partition
imposed against the entirety of the Property by a court order or by a written agreement of the parties to the
partition to secure the payment of the Note is expressly acknowledged,confessed and granted.
nRenewal and Extension of Liens Against Homestead Property.
The Note is in renewal and extension,but not in extinguishment,of the indebtedness described on the
attached Renewal and Extension Exhibit which is incorporated by reference. Lender is expressly
subrogated to all rights,liens and remedies securing the original holder of a note evidencing Borrower's
indebtedness and the original liens securing the indebtedness are renewed and extended to the date of
maturity of the Note in renewal and extension of the indebtedness.
Acknowledgment of Cash Advanced Against Non-Homestead Property.
The Note represents funds advanced to Borrower on this day at Borrower's request and Borrower
acknowledges receipt of such funds.Borrower states that Borrower does not now and does not intend ever
to reside on,use in any manner,or claim the Property secured by this Security Instrument as a business or
residential homestead.Borrower disclaims all homestead rights,interests and exemptions related to the
Property.
28.Loan Not a Home Equity Loan.The Loan evidenced by the Note is not an extension of credit
as defined by Section 50(a)(6)or Section 50(a)(7),Article XVI,of the Texas Constitution.If the
Property is used as Borrower's residence,then Borrower agrees that Borrower will receive no cash
from the Loan evidenced by the Note and that any advances not necessary to purchase the Property,
extinguish an owelty lien,complete construction,or renew and extend a prior lien against the
TEXAS-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS
VMP -6A(TX) (0811) Page 14 of 16 Initials: Form 3044 1/01
Property,will be used to reduce the balance evidenced by the Note or such Loan will be modified to
evidence the correct Loan balance, at Lender's option. Borrower agrees to execute any
documentation necessary to comply with this Section 28.
BY SIGNING BELOW,Borrower accepts and agrees to the terms and covenants contained in this
Security Instrument and in any Rider executed by Borrower and recorded with it.
Witnesses:
)10,44,sa,,,‘c,.,. {C—a-ef— (Seal)
LAWRENCE G ROOT -Borrower
i r- I
. ./�. d�._,/�i (Seal)
iJACJUEI A CAMPBE -Borrower
r
(Seal) (Seal)
-Borrower -Borrower
(Seal) (Seal)
-Borrower -Borrower
(Seal) (Seal)
-Borrower -Borrower
TEXAS-Single Family- Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS
VMP -6A(TX) (Dail) Page 15 of 16 Form 3044 1/01
STATE OF TEXAS
County of HARRIS
Before me . V ��c=v-\. on this day personally appeared
LAWRENCE G ROOT, JACQUELYN A CAMPBELL
known to me(or proved to me on the oath of
or through )to be the person whose name is subscribed to the
foregoing instrument and acknowledged to me that he/she/they executed the same for the purposes and
consideration therein expressed.
Given under my hand and seal of office this 08th day of Februa , 2011 •
(Seal) /' i
,�pronie� SHANNON LEE LOSSEN o / /vim / 'y,
* • Notary Public
f1/4, STATE OF TEXAS
N4'FOF`�1= My Comm. Exp.8/16/2013
My Commission Expires:
TEXAS-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS
VMP -6A(TX) (0811) Page 16 of 16 Initials: Form 3044 1/01
•
Loan #: 7103358268
RIDER TO THE DEED OF TRUST
RENEWAL AND EXTENSION EXHIBIT
This RENEWAL AND EXTENSION EXHIBIT is incorporated into and shall be deemed to amend and
supplement the Deed of Trust("Security Instrument")of even date herewith. Security Instrument is granted by the
Borrower(s)("Borrower")to secure Borrower's indebtedness("Note")to Lender(sometimes referred to as the
"Beneficiary"or"Holder of the Note"),the Note secured hereby is in renewal and extension but not in
extinguishment of that indebtedness,whether one or more,described as follows:
DEED OF TRUST DATED NOVEMBER 17, 2009, FILED FOR RECORD ON DECEMBER 7, 2009, UNDER CLERK'S
FILE NO. 20090552900, IN THE OFFICE OF THE REAL PROPERTY RECORDS OF HARRIS COUNTY,TEXAS,
EXECUTED BY LAWRENCE ROOT AND WIFE,JACQUELYN A. CAMPBELL, IN FAVOR OF ROVERT FRAPPIER, AS
TRUSTEE,SECURING THE PAYMENT OF ONE CERTAIN PROMISSORY NOTE OF EVEN DATE THEREWITH, IN
THE PRINCIPAL AMOUNT OF$257,418.00, PAYABLE TO THE ORDER OF MERS, INC. ACTING SOLELY AS
NOMINEE FOR MERRILL LYNCH CREDIT CORPORATION.
r
Page 1 of2 Initials:
-1034(TX) (oat 1) VMP Mortgage Solutions,Inc.(800)521-7291 11/04
THE LENDER HEREBY SECURED IS EXPRESSLY SUBROGATED TO ALL RIGHTS,LIENS,EQUI TIES
AND REMEDIES SECURING THE ORIGINAL HOLDER(S)OF SAID DEBT(S)AND THE ORIGINAL
LIEN(S)SECURING THE SAME ARE HEREBY RENEWED AND EXTENDED TO DATE OF MATURITY
OF THE INDEBTEDNESS HEREBY SECURED IN RENEWAL AND EXTENSION THEREOF.IN THE
EVENT ANY PORTION OF THE SUMS INTENDED TO BE SECURED BY THE SECURITY
INSTRUMENT CANNOT BE LAWFULLY SECURED THEREBY,PAYMENTS IN REDUCTION OF SUCH
SUMS SHALL BE APPLIED FIRST TO THOSE PORTIONS NOT SECURED THEREBY.BORROWER(S)
ACKNOWLEDGES THAT THE LIEN(S)SECURING THE PRIOR NOTE IS VALID,THAT IT SUBSISTS
AGAINST THE PROPERTY,AND THAT BY THIS INSTRUMENT IT IS RENEWED AND EXTENDED IN
FULL FORCE UNTIL THE NOTE IS PAID,EVEN THOUGH THE PRIOR LIEN(S)IS RELEASED AND
NOT ASSIGNED TO LENDER.
0 12,412431--
LAWRENCE G ROOT J•CQ . YN p CAMPBELL
-1034(TX) (041 1) Page 2 of 2
EXHIBIT "A►►
LOT NINE (9), IN BLOCK EIGHT (8) OF COLLEGEVIEW, THIRD SUBDIVISION,AN
ADDITION IN HARRIS COUNTY, TEXAS,ACCORDING TO THE MAP OR PLAT
THEREOF RECORDED IN VOLUME 572, PAGE 33 OF THE DEED RECORDS OF
HARRIS COUNTY, TEXAS.
May 27, 2017
To Whom It May Concern:
I support Ms. Campbell in her efforts to obtain a variance/special exception
necessary to retain the enclosed garden and related decorative structures
on the southwest corner of College and Arnold for the following reasons.
- The garden potentially increases property values.
- Because of the proximity to the entrance into the neighborhood it
enhances the visual appeal and enjoyment for our community.
- There are no added safety concerns for parking or auto and
pedestrian traffic because of the improvements.
As a gardener, myself, (also living off of College) during the process of
their design, I was curious because I love seeing my fellow neighbors'
gardens. The finished results are not only aesthetically beautiful, they
benefit the Campbell homestead, as well as the West University community
too.
Sincerely,
fti/ ' r,/ WeLL/c quw_ -
Debbie Brassfield
Kirk Brassfield
3902 Coleridge St
May 23, 2017
To Whom It May Concern:
I support Ms. Campbell in her efforts to obtain a variance/special exception necessary
to retain the enclosed garden and related decorative structures on the southwest corner
of College and Arnold Streets for the following reasons:
• The garden increases the curb appeal of the home thereby potentially increasing the
property value of nearby realty.
• The decorative enclosure adds to the visual texture and interest of the landscape
increasing enjoyment for passersby.
• The landscaping, enclosure, and citrus garden pose no increase in traffic congestion
or parking.
Sincerely,
•
Candace A. Levy
3911 Arnold St.
Houston, TX 77005
May 23, 2017
To Whom It May Concern:
I support Ms. Campbell in her efforts to obtain a variance/special exception necessary
to retain the enclosed garden and related decorative structures on the southwest corner
of College and Arnold Streets for the following reasons:
• The garden increases the curb appeal of the home thereby potentially increasing the
property value of nearby realty.
• The decorative enclosure adds to the visual texture and interest of the landscape
increasing enjoyment for passersby.
• The landscaping, enclosure, and citrus garden pose no increase in traffic congestion
or parking.
Sinc-rely,
Robert E. Levy
3911 Arnold St.
Houston, TX 77005
May 23, 2017
To Whom It May Concern:
I support Ms. Campbell in her efforts to obtain a variance/special exception
necessary to retain the enclosed garden and related decorative structures on the
southwest corner of College and Arnold Streets for the followin g reasons:
• The garden increases the curb appeal of the home thereby potentially
increasing the property value of nearby realty.
• The decorative enclosure adds to the visual texture and interest of the
landscape increasing enjoyment for passersby.
• The landscaping, enclosure, and citrus garden pose no increase in traffic
congestion or parking.
Sincerely,"
4
Address
i'l)//(-k
May 23, 2017
To Whom It May Concern:
I support Ms. Campbell in her efforts to obtain a variance/special exception
necessary to retain the enclosed garden and related decorative structures on the
southwest corner of College and Arnold Streets for the following reasons:
• The garden increases the curb appeal of the home thereby potentially
increasing the property value of nearby realty.
• The decorative enclosure adds to the visual texture and interest of the
landscape increasing enjoyment for passersby.
• The landscaping, enclosure, and citrus garden pose no increase in traffic
congestion or parking.
Sincerely,
ci/9„,2
Address
A OS
May 23, 2017
To Whom It May Concern:
I support Ms. Campbell in her efforts to obtain a variance/special exception
necessary to retain the enclosed garden and related decorative structures on the
southwest corner of College and Arnold Streets for the following reasons:
• The garden increases the curb appeal of the home thereby potentially
increasing the property value of nearby realty.
• The decorative enclosure adds to the visual texture and interest of the
landscape increasing enjoyment for passersby.
• The landscaping, enclosure, and citrus garden pose no increase in traffic
congestion or parking.
krtilk 1/17 -
2--6 j G rA,w „k
ovs` 1-•/Ty
May 23, 2017
To Whom It May Concern:
I support Ms. Campbell in her efforts to obtain a variance/special exception
necessary to retain the enclosed garden and related decorative structures on the
southwest corner of College and Arnold Streets for the following reasons:
• The garden increases the curb appeal of the home thereby potentially
increasing the property value of nearby realty.
• The decorative enclosure adds to the visual texture and interest of the
landscape increasing enjoyment for passersby.
• The landscaping, enclosure, and citrus garden pose no increase in traffic
congestion or parking.
Sincerely,
Address
3812 tR os t N
U) ‘r L v ueJ■s t .p)IacQ7 7 7005
May 24, 2017
To Whom It May Concern:
I support Ms. Campbell in her efforts to obtain a variance/special exception
necessary to retain the enclosed garden and related decorative structures on the
southwest corner of College and Arnold Streets for the following reasons:
• The garden increases the curb appeal of the home thereby potentially
increasing the property value of nearby realty.
• The decorative enclosure adds to the visual texture and interest of the
landscape increasing enjoyment for passersby.
• The landscaping, enclosure, and citrus garden pose no increase in traffic
congestion or parking.
Sincerely,
ict-c\)e_T -z17-41)1-/ t/Oaillg--I
Address
11672-g [c u re)
fILQxf ) e3 s
713 3316
May 24, 2017
To Whom It May Concern:
I support Ms. Campbell in her efforts to obtain a variance/special exception
necessary to retain the enclosed garden and related decorative structures on the
southwest corner of College and Arnold Streets for the following reasons:
• The garden increases the curb appeal of the home thereby potentially
increasing the property value of nearby realty.
• The decorative enclosure adds to the visual texture and interest of the
landscape increasing enjoyment for passersby.
• The landscaping, enclosure, and citrus garden pose no increase in traffic
conges ' r parking.
Sin re ,
A rtes
DC2 LWCX
,'() ,0\)
2t D �
May 29, 2017
To Whom It May Concern:
I support Ms. Campbell in her efforts to obtain a variance/special exception
necessary to retain the enclosed garden and related decorative structures on the
southwest corner of College and Arnold Streets for the following reasons:
• The garden increases the curb appeal of the home thereby potentially
increasing the property value of nearby realty.
• The decorative enclosure adds to the visual texture and interest of the
landscape increasing enjoyment for passersby.
• The landscaping, enclosure, and citrus garden pose no increase in traffic
congestion or parking.
Sincerely,
A-AIL sit 1 10N
Address
3113- nuiw011
, n otS
Qv l,r )
May 29, 2017
To Whom It May Concern:
I support Ms. Campbell in her efforts to obtain a variance/special exception
necessary to retain the enclosed garden and related decorative structures on the
southwest corner of College and Arnold Streets for the following reasons:
• The garden increases the curb appeal of the home thereby potentially
increasing the property value of nearby realty.
• The decorative enclosure adds to the visual texture and interest of the
landscape increasing enjoyment for passersby.
• The landscaping, enclosure, and citrus garden pose no increase in traffic
congestion or parking.
Sincerely,
qv,t,:to eo,roto4)
Address
59'33 13rwm^41
-yll s1 11., 1 '1/c v5
June 4, 2017
To Whom It May Concern:
I support Ms. Campbell in her efforts to obtain a variance/special exception
necessary to retain the enclosed garden and related decorative structures on the
southwest corner of College and Arnold Streets for the following reasons:
• The garden increases the curb appeal of the home thereby potentially
increasing the property value of nearby realty.
• The decorative enclosure adds to the visual texture and interest of the
landscape increasing enjoyment for passersby.
• The landscaping, enclosure, and citrus garden pose no increase in traffic
congestion or parking.
Sincerely,
V(curt
IS
Address
s '), .7
June 4, 2017
To Whom It May Concern:
I support Ms. Campbell in her efforts to obtain a variance/special exception
necessary to retain the enclosed garden and related decorative structures on the
southwest corner of College and Arnold Streets for the following reasons:
• The garden increases the curb appeal of the home thereby potentially
increasing the property value of nearby realty.
• The decorative enclosure adds to the visual texture and interest of the
landscape increasing enjoyment for passersby.
• The landscaping, enclosure, and citrus garden pose no increase in traffic
congestion or parking.
Sincerely,
A\TA
As dress
May 29, 2017
To Whom It May Concern:
I support Ms. Campbell in her efforts to obtain a variance/special exception
necessary to retain the enclosed garden and related decorative structures on the
southwest corner of College and Arnold Streets for the following reasons:
• The garden increases the curb appeal of the home thereby potentially
increasing the property value of nearby realty.
• The decorative enclosure adds to the visual texture and interest of the
landscape increasing enjoyment for passersby.
• The landscaping, enclosure, and citrus garden pose no increase in traffic
congestion or parking.
Sincerely,
v_)-76 1.<7
Address
3 j3
±) 413r � ° Q�
U
May 29, 2017
To Whom It May Concern:
I support Ms. Campbell in her efforts to obtain a variance/special exception
necessary to retain the enclosed garden and related decorative structures on the
southwest corner of College and Arnold Streets for the following reasons:
• The garden increases the curb appeal of the home thereby potentially
increasing the property value of nearby realty.
• The decorative enclosure adds to the visual texture and interest of the
landscape increasing enjoyment for passersby.
• The landscaping, enclosure, and citrus garden pose no increase in traffic
congestion or parking.
Sincerely,
4hk4)0 4TJ( ( �nM 1 GOf6C )
Address
33 f3rbv ^4 S�'
June 4, 2017
To Whom It May Concern:
I support Ms. Campbell in her efforts to obtain a variance/special exception
necessary to retain the enclosed garden and related decorative structures on the
II
southwest corner of College and Arnold Streets for the following reasons:
• The garden increases the curb appeal of the home thereby potentially
increasing the property value of nearby realty.
• The decorative enclosure adds to the visual texture and interest of the
landscape increasing enjoyment for passersby.
• The landscaping, enclosure, and citrus garden pose no increase in traffic
congestion or parking.
Sincerely, (AL
Address
June 4, 2017
To Whom It May Concern:
I support Ms. Campbell in her efforts to obtain a variance/special exception
necessary to retain the enclosed garden and related decorative structures on the
southwest corner of College and Arnold Streets for the following reasons:
• The garden increases the curb appeal of the home thereby potentially
increasing the property value of nearby realty.
• The decorative enclosure adds to the visual texture and interest of the
landscape increasing enjoyment for passersby.
• The landscaping, enclosure, and citrus garden pose no increase in traffic
congestion or parking.
Sincerely,
i • „
Address
Yo, fl ? 51"
ric�J)tL - /700)
tune 4. 201
Toit _Concern;
I Win.Ms.Campbell In her eff0113 to obtain a a c* sp eicnodicea
necessary to retain the enclosed garden and relatzd decorative structures on the
southwest corner ot`Coliege and Arnold Streets for the(Wowing tea=
• The garden ietzeasses the curb appeal of the home thereby pottotlally
locreashsg the property vahre of d realty.
• The,decorative adds to the visual texture and interest of the
IP The landscaping enclosure,and citrus congestion or
pose no ink
C 419.A..-e-ikr
47
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ittne
T# ;
nomeverir turner SwF t
Poltssnlistr
a
a iY 4 �' •n no n l f� pe ftc idle ilk. ParbLingOir
congestion
1,,teibiri,,,, u 1,404-1.-1
4ilst°1-
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4.1., , ,,,
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v--,.,,,,- , ,.. 4, „ - .-t t- -='-- 4r:
�
": d^' r Tar sF4 ;; -', ` ;1.7i.
Josie Hayes
From: Carolyn Steele <cmsteele737@gmail.com>
Sent: Saturday, June 17, 2017 1:04 PM
To: Josie Hayes; Debbie Scarcella
Subject: Special Variance Input
Hello - I am writing regarding the request for a variance for a structure at 3901 Arnold. I actually would respectfully ask
that the variance NOT be granted. While Ms Campbell believes this garden and decorative structure increases curb
appeal, I feel quite the contrary and think the structure is not in keeping with the neighborhood. I recognize that beauty
is in the eye of the beholder but am really concerned that if a variance is granted that this will set a dangerous
precedent. Where do you draw the line? I also feel that the height of the structure actually decreases visibility for cars
that heading east on Arnold at College.
I feel bad that Ms Campbell spent a lot of money on this structure but if I had the opportunity to provide input ahead of
the construction, I would have expressed my concerns then. I would prefer this communication remain anonymous to
maintain good neighbor relations but if that is not possible, I understand.
Please carefully consider this matter and help preserve the lovely appearance of West U
Thank you,
Charles and Carolyn Steele
3930 Arnold St
Sent from my iPad
1
June 4, 2017
To INtwoun It May Colucism:
1 silli;-tpportidlls.Carcipbsii to her efforts to obtain a virristioreisPadal exicePtkim _ind related on the
docorativet structures
the enclosoci lords)
14°141141"1- bl)t1draerc"k41171of College*n4:1 Arnold Strilets folwr the following rinnstnir
The tpinlert hatTeamss,the curb appeal(lido IMMDr thereby PotindallYr
value of neat* reillitY.
• rhohl'ttrjw4ngdecorslivethe Pe=adds to the vtsu.I torso:titre and interest Or the
taititscape,&Ilonsil-1g eghl'Ilrrnmne for
g pPasmg2i4Y
• erden ose no in.:ream In traffic
The jandscafphis.enclosure.and dtrtis_ .
cotwestioti or parittritg.
Sit. lY• .1 ,. 1.
r.r,---
14.14. C
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-7 7 .
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. { ' , . v■ ,,,,,,., ' , , ■ ''- -. ',,,' ':1,,P' '.",,,,
' ''..' ' .' ' ' `.,../<. ,/.,,„■■., _ 4.,, , , ,
. ■ / , ■,, y., ,,'■;,... ,--,. ' , ,. , ..,
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'„" ,■ , , ,, ,
/ ■ , , /",, ,. ,,
, ■, ,,.,, , ,'.,S n
. . .
lune 4 2017
To Whom it May Concern:
1 support Campbell in hes efforts to a Inulaincelfspimird
necessary to retain the mid end:Vi ecoratre OM:WM CO the
southwest C e and Arnold Streets for the&flowing rams:
The garden increases the curb appeal of the borne
increasing a+ or booby realty.
• The decorative to t visual texture and Interest of t
iandscape increasing enjoyment for passersby,
4* The landSCAPing gtr ei and citrus garden pose no Lit in traffic
congestion or parking.
41,:ef,AWL.
iI 38o:).
lune 4. 2017
To Whom it H'Concern:
Ms.Campbell in her efforts to obtain a variance
moaner,to Vi the endosed . decorstift structures an the
uttwa dt corner of Colktge and Arnold Streets for the follovidng ream=
The curb appeal of the borne thereby potentially
the property value a nearby realty.
deairative enckwaure&Rh to the visual Mawr and interest of the
tandstape torreestag enjoyment for passersby.
,a citrus no increase to weft
congestion or parking.
Sinclrely,
C„,,,,,,)
0),Nt 1 7 I.
/11 re " Y
. .
_ ,
lune 4, 2017
To W . k May Ceneenr
i soften Ceetpbr0 in her efforts to(Aida variance/speclal eaceptleet
whesisierf*0 retain thr endesed garden and related
ot Cakees sod Amok shoots fort* rent=
• The dmonetro eectement adds*Ube visual texture aed interest/Atha
taartacape t '' aejoymeat peNswitey,
* The 'so w~ _
e&fir*; dtrus garde* t b crake
rt
F
z 1,47, 1.4V0
sa
fume 4, 2017
To wbvan it May Concern:
support Campbell n h 'tends to obtadn aye/spiedal excepdtaa
enclosed necessouy to retain the related a on the
southwest canter olCollege and Arnold Streets fur the following reason=
* The garden increases the curb attire home thereby potentially
In .
▪ The dectmgfive enclosure adds to the Visual tenure and interest of the
landscape Increasing enjoyment for pa 1 .
* The landscaping.enclosure.and cftrus garden pose no increase In traffic
congestion or parking.
Sincgrely. .
ito
3 5 3, A-1, le°
�, .tea -s , . x �� -?7,.. , ,-k .r . s n ;;a c
,
0
C.-
1 { f ,,y+'
* _:-" -g'
' . , � ! 2017
1 5$
1 !T4 her to a r l
as the
tielixonttiverebrtnd *tractors'
tin rei:ain tie einctos•bd garden and
t c aid for dot
i®� anti oIt �P
of rell0.
The d+ to the l of%be
p p .
* The landscaping.entelovim.,
dt tatrease l tradhc
mowstion or flarittAgr
Sth k
i
Al....4.: /
' 7 44s i i izz
,
3 3 / iG . `
77o6; c" '
Josie Hayes
From: Debbie Scarcella
Sent: Thursday, June 22, 2017 3:10 AM
To: Josie Hayes
Subject: Fwd: Lot 9 Block 8 Collegeview Section 3
A letter not in favor of docket 2017-003. Pleas make copies to hand out at the meeting. Thank you.
Debbie Scarcella
City Planner
City of West University Place
3826 Amherst, West University Place, TX 77005
Tel 713.662.5893
Fax 713.662.5369
lily
ATTENTION PUBLIC OFFICIALS:
This email,plus any attachments,may constitute a public record of the City of West University Place and may be subject to public disclosure under the Texas
Public Information Act.
A"reply to all"of this e-mail could lead to violations of the Texas Open Meetings Act. Please reply only to the sender.
Begin forwarded message:
From: Denise Smith<denise.smithAmac.com>
Date: June 22, 2017 at 12:57:15 AM CDT
To: <dscarcella @westutx.gov>
Cc: <DSM @QZIP.NET>
Subject: Lot 9 Block 8 Collegeview Section 3
Dear Ms. Scarcella,
We are homeowners at 3811 Arnold Street and wanted to express our opinion of the closed
garden at the corner of College and Arnold. Although, we think the garden is lovely and
impressive, we do think it is a hazard for those driving East on Arnold towards College. Since
people drive down that street to cross College their view is obstructed due to the presence of the
I have a tough time when I amt in to cross the street since the
Garden. I know that personally trying p Y �
installation of the garden on the corner.
Although it may seem that there are not a lot of cars that drive that route as we are on a dead end
street, many cars drive East on Arnold across College as they think that Arnold goes through on
this block. Because they think it is a through street, we get many people that are unfamiliar with
the intersection, and we worry about the potential for accidents.
Although we certainly appreciate the efforts of Mrs. Campbell to make our street and her
property enhanced by this garden,we do worry about the safety of those driving with this
obstructed view of the street crossing. Mrs. Campbell submitted many supportive letters from
her neighbors about the aesthetic appeal, however, if you review the addresses of those neighbors
i
many of them are in the 3900 blocks of the surrounding streets. These neighbors do not need to
drive on Arnold across College and thus may not have experienced the obstructed view.
It is hard to understand if you have zoning standards and guidelines on these types of issues why
because this garden is pretty it would be an exception to the rule. We must continue to uphold
this type of standard.
Due to the potential safety hazard,we would thus recommend that you do not approve the
variance request on this property.
Thanks in advance for your consideration,
Denise Smith
3811 Arnold Street
Houston, TX 77005
713-898-0244
2
Josie Hayes
From: Debbie Scarcella
Sent: Thursday, June 22, 2017 3:15 AM
To: Josie Hayes
Subject: Fwd: variance request for 3901 Arnold St (hearing 22 June 2017)
Attachments: 3901 Arnold ZBA application excerpts 2017-06-22.pdf; ATT00001.htm
Another email not in favor of docket 2027-003. Please make copies to hand out to the board members. Thank
you.
Debbie Scarcella
City Planner
City of West University Place
3826 Amherst, West University Place, TX 77005
Tel 713.662.5893
Fax 713.662.5369
ATTENTION PUBLIC OFFICIALS:
This email,plus any attachments,may constitute a public record of the City of West University Place and may be subject to public disclosure under the Texas
Public Information Act.
A"reply to all"of this e-mail could lead to violations of the Texas Open Meetings Act.Please reply only to the sender.
Begin forwarded message:
From: "Elliott Smith" <elliott-smith@usa.net>
To: "Debbie Scarcella" <DScarcella a,westutx.gov>
Cc: "Dave Miller" <DSM @,QZIP.NET>
Subject: variance request for 3901 Arnold St(hearing 22 June 2017)
Dear Ms. Scarcella and Zoning Board of Adjustment members,
I saw your notice of the variance request for Ms.Campbell's garden addition at 3901 Arnold St,and I read her
application. I live in the next block of Arnold east of this house. I agree that the addition is attractive. However,I
don't think aesthetics is the issue. I am concerned about the safety risk posed by this addition and recommend that
you not grant a variance for this addition.
This garden addition obstructs the vision of drivers stopped at the intersection in front of this property. Eastbound
traffic on Arnold stops at the Stop sign at this intersection of College St and Arnold St. In order to proceed safely,
drivers must have clear lines of sight along both directions of College(north and south)in order to detect oncoming
traffic. This garden addition blocks the line of sight for the eastbound drivers on Arnold trying to look south on
College to see if there is any northbound traffic.
This risk is greater than at many intersections in West University Place due to the use of College by many drivers as
an alternative north-south thoroughfare to Weslayan. At certain times,the traffic flow is great,and the speed is at
times excessive.
I read the letters of support that Ms.Campbell included in her variance application. It is worth noting that several of
the authors don't live within several blocks of the location in question. More importantly,none of the supporters
live at an address that would require driving east through the intersection in question. They most likely would not
1
have noticed the risk associated with this addition.
I have attached a file with excerpts from Ms.Campbell's application to illustrate this risk. The photos show an
approximate view and the impact of the garden in restricting visibility. They are taken from a higher vantage point
than that of many drivers in their vehicles. The lower perspective of the driver is more obstructed.
I appreciate your review of this matter. If you have any inclination to approve the variance request,please drive east
on Arnold to the property in question,3901 Arnold. As you approach the intersection and stop,look to your right to
see if northbound traffic is coming on College St. You will see the increased risk presented by this garden addition.
Regards,
Elliott Smith
3811 Arnold St
Houston,TX 77005
2
-x, 'Main File N0,10-11141 Ftaa#131
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From: Elliott Smith elliett-smitri@usanet
Subject: Fwd:Lot 9 Block 8 Collegeview Section 3
Date: June 22,2017 at 1:06 AM
To: Dave Miller DSMrwQZIP.NET
Cc: Denise K.Smith denise.smith @mac.com
Dave,
I gave your e-mail to Denise, my wife,when I saw your name listed as a member of the West U zoning board. We live in the next
block east of this house,on Arnold. The addition for which Ms.Campbell has requested the variance obstructs the vision of drivers
looking south at the northbound traffic on College.
I will send my own e-mail(cc you as well)to Ms.Scarcella.
Don't hesitate to call if you have any questions(713-252-1085).
Enjoy your summer. I will look forward to hearing about in the fall at a breakfast club meeting. I met Grady today at his new office.
Best,
Elliott
Begin forwarded message:
From: Denise Smith <clenise.smithPmac.corm'
Subject: Lot 9 Block 8 Collegeview Section 3
Date: ,1.;ne 22, 2017 at 12:57:1 AM CDT
To: . .r -11a• -.t t....
Co: DSMCnoQZIP.NET
Dear Ms,Scarcella,
We are homeowners at 3811 Arnold Street and wanted to express our opinion of the closed garden at the corner of College and
Arnold. Although.we think the garden is lovely and impressive: we do think it is a hazard for those driving East on Arnold towards
College. Since people drive down that street to cross College their view is obstructed due to the presence or the Garden. I know
that personally I have a tough time when I am trying to cross the street since the installation of the garden on the corner.
Although It may seem that there are not a!et or cars that drive that route as we are on a dead end street: many cars drive East on
Arnold across College as they think that Arnold goes through on this block. Because they think it is a through street,we get ,,any
people that are unfamiliar with the intersection,and we worry about the potential for accidents.
Although we certainly appreciate the efforts of Mrs.Campbell to make our street and her property enhanced by this garden,we
do worry about the safety of those driving with this obstructed view of the street crossing. Mrs.Campbell submitted many
supportive letters from her neighbors about the aesthetic appeal,however;r_`you review the addresses of those neighbors many
of them are in the 3900 blocks of the surrounding streets, These neighbors do not need to drive on Arnold across College and
thus may not have experienced the obstructed view,
it is hard to understand it you have zoning standards and guidelines on these types of issues Why because this garden is pretty it
would be an exception to the rule, We must continue to uphold this type of standard.
Due to the potential safety hazard;we would thus recommend that you do not approve the variance request on this
property.
Thanks in advance for your consideration,
Denise Smith
3811 Arnold Street
Houston, TX 77005
13-998-0244
From: Denise Smith dE r, .e sMitt `mac sOnl
Subject: Lot 9 Block 8 Collegeview Section 3
Date: June 22,2017 at 12:57 AM
To: dsearceila westutx.gov
Cc: DSM@QZIP NET
Dear Ms.Scarcella,
We are homeowners at 3811 Arnold Street and wanted to express our opinion of the closed garden at the corner of College and
Arnold. Although,we think the garden is lovely and impressive,we do think it is a hazard for those driving East on Arnold towards
College. Since people drive down that street to cross College their view is obstructed due to the presence of the Garden. I know that
personally I have a tough time when I am trying to cross the street since the installation of the garden on the corner.
Although it may seem that there are not a lot of cars that drive that route as we are on a dead end street,many cars drive East on
Arnold across College as they think that Arnold goes through on this block. Because they think it is a through street,we get many
people that are unfamiliar with the intersection,and we worry about the potential for accidents.
Although we certainly appreciate the efforts of Mrs.Campbell to make our street and her property enhanced by this garden,we do
worry about the safety of those driving with this obstructed view of the street crossing. Mrs.Campbell submitted many
supportive letters from her neighbors about the aesthetic appeal, however,if you review the addresses of those neighbors many of
them are in the 3900 blocks of the surrounding streets. These neighbors do not need to drive on Arnold across College and thus may
not have experienced the obstructed view.
It is hard to understand if you have zoning standards and guidelines on these types of issues why because this garden is pretty it
would be an exception to the rule. We must continue to uphold this type of standard.
Due to the potential safety hazard,we would thus recommend that you do not approve the variance request on this property.
Thanks in advance for your consideration,
Denise Smith
3811 Arnold Street
Houston,TX 77005
713-898-0244
From: Elliott Smith c,tiictt sminG a.r?et
Subject: variance request for 3901 Arnold St(hearing 22 June 2017)
Date: June 22,2017 at 1:47 AM
To: dsca;el':a•u.vestuix.gov
Cc: Dave Miller DSM@QZIP.NET
Dear Ms.Scarcella and Zoning Board of Adjustment members,
I saw your notice of the variance request for Ms.Campbell's garden addition at 3901 Arnold St, and I read her application. I live in the
next block of Arnold east of this house. I agree that the addition is attractive. However, I don't think aesthetics is the issue. I am
concerned about the safety risk posed by this addition and recommend that you not grant a variance for this addition.
This garden addition obstructs the vision of drivers stopped at the intersection in front of this property. Eastbound traffic on Arnold
stops at the Stop sign at this intersection of College St and Arnold St. In order to proceed safely,drivers must have clear lines of sight
along both directions of College(north and south)in order to detect oncoming traffic. This garden addition blocks the line of sight for
the eastbound drivers on Arnold trying to look south on College to see if there is any northbound traffic.
This risk is greater than at many intersections in West University Place due to the use of College by many drivers as an alternative
north-south thoroughfare to Weslayan. At certain times,the traffic flow is great, and the speed is at times excessive.
I read the letters of support that Ms.Campbell included in her variance application. It is worth noting that several of the authors don't
live within several blocks of the location in question. More importantly, none of the supporters live at an address that would require
driving east through the intersection in question. They most likely would not have noticed the risk associated with this addition.
I have attached a file with excerpts from Ms.Campbell's application to illustrate this risk. The photos show an approximate view and
the impact of the garden in restricting visibility. They are taken from a higher vantage point than that of many drivers in their vehicles.
The lower perspective of the driver is more obstructed.
I appreciate your review of this matter. If you have any inclination to approve the variance request, please drive east on Arnold to the
property in question,3901 Arnold. As you approach the intersection and stop,look to your right to see if northbound traffic is coming
on College St. You will see the increased risk presented by this garden addition.
Regards,
Elliott Smith
3811 Arnold St
Houston,TX 77005
3901 Arnold
ZBA ap...22.pdf
The City of West University Place
A 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 June 22, 2017. The
hearing may be recessed and continued to a ZBA meeting set to begin at 6:30 p.m. on July 271
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: 3901 Arnold St, West University Place, TX 77005
Legal Description of the Site: Lot 9 Block 8 Collegeview Section 3
Docket No.: 2017-0003
Applicant: Jacquelyn Campbell
Action Requested: Variance Requests per Table 7-6 for front yard
encroachments of ground level structures above 6" in
height.
Additional Details: The applicant has erected an enclosed garden area in the front yard setback
that includes a gate and border structures that exceed 6"in height. Table 7-6 restricts structures
to 6"in height,unless within 10' of the front setback line. Within 10' of the front setback line
the height limit is 14".
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: 1J84Iie Weaxrala, for the ZBA on June 12, 2017.
dscarcella @westutx.gov 713-662-5893.
TOP
WORK
PLACES
3800 University Boulevard I West University Place, TX 77005 I www.westutx.gov
SIMON RONALD J & SARAH S CAMPBELL JACQUELYN A& ROOT STEWART JONES III & ERIN 0
PO BOX 774987 LAWRENCE 3907 ARNOLD ST
(C/O 3835 BROWNING ST) 3901 ARNOLD ST HOUSTON,TX 77005-2037
STEAMBOAT SPRINGS CO 80477-4987 HOUSTON, TX 77005-2037
LEVY ROBERT E &CANDACE A DUPRIEST JAMES C FRANKLIN BRIAN M &JANET L
3911 ARNOLD ST 3921 ARNOLD ST 3923 ARNOLD ST
HOUSTON, TX 77005-2037 HOUSTON, TX 77005-2037 HOUSTON,TX 77005-2037
STEELE PERRY L LUNHOW JEFFREY&GINA L GEORGETOWN CAPITAL PARTNERS III
3902 ARNOLD ST % LUHNOW REVOCABLE TRUST PO BOX 271353
HOUSTON, TX 77005-2038 3908 ARNOLD ST (C/O 3910 ARNOLD ST)
HOUSTON ,TX 77005-2038 HOUSTON,TX 77277-1353
CRUZ JOSE L JR &SARAH HODGINS CAROLYN SUE CURRENT OWNER
3916 ARNOLD ST 3920 ARNOLD ST 3924 ARNOLD ST
HOUSTON, TX 77005-2038 HOUSTON,TX 77005-2038 HOUSTON,TX 77005-2038
GRIFFIN JOHN TRAVIS SR &JANICE HERMAN JOSEPH M CURRENT OWNER
FRAZER 3832 ARNOLD ST 3828 ARNOLD ST
3836 ARNOLD ST HOUSTON, TX 77005-2036 HOUSTON,TX 77005-2036
HOUSTON, TX 77005-2036
GIBSON ASHLEY& PARTRIDGE
CHRISTOPHER PEREKOPPI BRENT A BOLLING JULIA H
4520 EIGLE ST 3905 BROWNING ST 3911 BROWNING ST
(C/O 3901 BROWNING ST) HOUSTON, TX 77005-2041 HOUSTON,TX 7005-2041
HOUSTON, TX 77007-3414
LARSON ADAM &TRACY PEDIGO JOHN R JR MARY D CURRENT OWNER
3827 ARNOLD ST 3831 ARNOLD ST 3835 ARNOLD ST
HOUSTON, TX 77005-2035 HOUSTON,TX 77005-2035 HOUSTON,TX 77005-2035
CURRENT OWNER CUNIUS MICHAEL A&ALLYSON VOELTE KEVIN J & COURTNEY B
3828 MARLOWE ST 3832 MARLOWE ST 3834 MARLOWE ST
HOUSTON, TX 77005-2044 HOUSTON,TX 77005-2044 HOUSTON,TX 77005-2044
WAHRLICH FRED &JANET SHAW MICHAEL R &SUMMER E COURTNEY BARRY L& LINETTE R
3902 MARLOWE ST 3906 MARLOWE ST 3912 MARLOWE ST
HOUSTON, TX 77005-2046 HOUSTON, TX 77005-2046 HOUSTON, TX 77005-2046
BARNETT SANDRA E FAISON LUTHER S JR &SANDRA H BAKER WALTER A&JEANNETTE
3916 MARLOWE ST 3920 MARLOWE ST 3924 MARLOWE ST
HOUSTON, TX 77005-2046 HOUSTON,TX 77005-2046 HOUSTON,TX 77005-2046
VARMA DATLA G & KUMARI DATLA S SIMPSON JAYS BLACK FLOW ADVISORS INC
(VARMA) 3911 MARLOWE ST 3903 MARLOWE ST
3915 MARLOWE ST HOUSTON,TX 77005-2045 (C/O 3905 MARLOWE ST)
HOUSTON,TX 77005-2046 HOUSTON,TX 77005-2045
DAICHMAN SEAN L& LINDA E JAROSZ PAUL S&JANIS L
3903 MARLOWE ST 3833 MARLOWE ST
HOUSTON, TX 77005 HOUSTON,TX 77005-2043