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HomeMy WebLinkAbout05211998 ZBA AGENDAS 1 SANFORD, KUHL & PERKINS 1180 GALLERIA FINANCIAL CENTER 5075 WESTHEIMER ROAD HOUSTON, TEXAS 77056 400 WEST 15TH STREET (713) 850-9000 SUITE 808 ATTORNEYS AT LAW FAX:17131 850-1330 AUSTIN,TEXAS 78701 A PARTNERSHIP OF (5121 472-9090 PROFESSIONAL CORPORATIONS FAX:I5121 472-9182 August 18, 1998 Ms. Sue Porretto, Chairperson Members City of West University Place Zoning Board of Adjustment 3800 University Boulevard Houston, Texas 77005 Re: Docket No. 98-05: The Princeton Group, Inc.: 4001-4007 Browning Street Dear Chairperson Porretto and Members of the Zoning Board of Adjustment: We are appreciative of your decision last week to rehear this Application for a special exception as described herein. Docket No. 98-05, to be considered by the Board at your meeting to be held on August 20, 1998, is, as you know, a request by the Princeton Group for the grant of a special exception from interior side yard setback requirements so that the Princeton Group can sell the four town homes already constructed at the above referenced address in fee simple rather than as condominiums.' Because the referenced town homes have been constructed as permitted pursuant to all applicable ordinances and regulations of the City at 4001-4007 Browning Street, the only impact of your grant of the special exception will be to permit the individuals residing in the referenced town homes to own those homes in fee simple instead of collectively as a condominium association. This grant will have no negative impact on the City or its other residents; it will, however, have a major impact on the residents of the town homes. Attached hereto is a copy of a letter from Ms. Gay Goodman, a resident of the City (4026 Milton) confirming her personal desire to purchase one of the referenced town homes. As you can see from the correspondence, should Ms. Goodman not be permitted to purchase the town home in fee simple - which will be the result, the only result of your denial of the Princeton Group's Application - her ability to obtain financing for and the amount of her payments under a loan to 'Please note that the above described special exception is the only relief sought under Docket No. 98-05. Separate variances from driveway requirements which, apparently, were also the subject of earlier applications in regard to this property are not still sought hereby and any consideration thereof should be abated at present. r' r' r' i f F 11 M I C� O '1"- LOLL -3 REVISED. G.N.K. K: \97028- 01.000 \PRINPLAC \PRINPLAC MAY 07, 1998 is 28 PM DESCRIPTION OVERALL BOUNDARY AREA (All of original Lot 9 and 10, save and except a 2.5' taking along the easternmost boundary.) Following is a metes and bounds description of the tract subdivided by this plat. The metes and bounds description is provided as an aid to interpretation of the boundary drawing illustrated on this plat. In case of any difference between the metes and bounds description and the boundary drawing, the boundary drawing shall control. ENTIRE BOUNDARY (ALSO BEING ORIGINAL LOT 9 AND REMAINDER OF LOT 10 BLOCK 3 OF BISSONETT PLACE) ALL OF THAT CERTAIN TRACT OR PARCEL OF LAND CONTAINING 0.22 ACRES OF LAND BEING ALL OF LOT 9 AND LOT 10, BLOCK 3, BISSONETT PLACE A SUBDIVISION IN HARRIS COUNTY , TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF, RECORDED IN VOL. 8 PAGE 42, OF THE MAP RECORDS OF HARRIS COUNTY, TEXAS, SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT 3/4 " IRON PIPE FOUND MARKING THE ORIGINALLY PLATTED INTERSECTION OF THE SOUTH RIGHT OF WAY LINE OF BROWNING STREET(50' R /W) AND THE WEST RIGHT OF WAY LINE OF WESLAYAN STREET (55' R/W FORMERLY HAWTHORNE AVE.), SAID POINT ALSO BEING THE ORIGINALLY PLATTED NORTHEAST CORNER OF SAID ORIGINAL LOT 10, BLOCK 3, BISSONETT PLACE OF THE HEREIN DESCRIBED TRACT: THENCE WEST ALONG THE SOUTH RIGHT -OF -WAY LINE OF BROWNING STREET, A DISTANCE OF 2.50 FEET TO A SET 1/2" IRON ROD FOR THE NORTHEAST CORNER AND THE POINT OF BEGINNING OF THE HEREIN DESCRIBED TRACT; THENCE S 08 59'00" E A DISTANCE OF 105 FEET ALONG THE WEST RIGHT OF WAY LINE OF WESLAYAN STREET AS UPDATED IN VOL, 1925 PAGE 267 HCDR TO SET 1/2" IRON ROD FOR THE SOUTHEAST CORNER OF HEREIN DESCRIBED TRACT, AND ALSO WHERE A FOUND 1/2- IRON ROD BEARS S 81 30' 20" W, 2.50 FEET FOR THE ORIGINAL SOUTHEAST CORNER OF LOT 10; THENCE S 81 30'20" W , A DISTANCE OF 97.50 FEET (ALONG THE NORTHERLY BOUNDARY LINE OF LOT 11 AND LOT 12, BLOCK 3 BISSONETT PLACE) TO SET 1/2" IRON ROD FOR THE SOUTHWEST CORNER OF HEREIN DESCRIBED TRACT, ALSO BEING THE NORTHEAST CORNER OF LOT 13, AND THE SOUTHEAST CORNER OF LOT 8, BLOCK 3, BISSONETT PLACE; THENCE N 08 59'00" W , A DISTANCE OF 105 FEET (ALONG THE EASTERLY BOUNDARY LINE OF LOT 8, BLOCK 3 BISSONETT PLACE) TO 3/4" IRON PIPE FOUND FOR THE NORTHWEST CORNER OF THE HEREIN DESCRIBED TRACT, AND ALSO BEING A POINT ON THE SOUTH RIGHT OF WAY OF BROWNING STREET. THENCE EAST ALONG THE SOUTH RIGHT OF WAY OF BROWNING STREET, A DISTANCE OF 97.50 FEET TO THE POINT OF BEGINNING AND CONTAINING 10237.50 SQUARE FEET OR 0.22 ACRES MORE OR LESS. INS STREET gRO\N50, 97.50 N g1 °30' 20" E _ 22.50, -_- Fnd '22-50 _ 23.00, _ 5 61 Fnd 16' I.P. 50.00 U) O Z cl O 0 �� 4003 (v_ CID cs 4005 gROWMNG 0 4p07 o BROWNING o rn BRCIWt�iNG o O � I _> O I C' � J R -2 Fnd. 29.50• _ { Q ALABAMA SA`dEC�t� EY D TO 2.5 COUNTY HARRI 925, PG, 267 N.C. . R. VOL LOCATION � N G 0 0 `o- 00 o 400 1 O eROWNmG C. tD i �- m l" RIC:NMONU I O FREEWAY �z 0_ ACT R -4 0 BiS50 N T L� cvoR L. —1 �lE MR) (LvOOT . N E H T OPLACE ) O C) �o gI B�PG0E (LOT � T 4 O (LT 9 O B, PG 42N o � � K g L ' 5' U E (BY THIS PLAT) & Pt AT) 5r),00 f 5' U.E. (BY THIS � 50.00' 0" `►I 97 .50 Set 1/2' LR S 81030"2 DIY Set 1 /2, I.R. (LOT 11) (LOT 13) Fnd. 2.5') 1/2•' I.R. gV30'2p' W (BEARS S GENERAL NOTES / LEGEND 1) B.L. indicates Building Line 2) U.E. indicates Utility Easement 3) H.C.M.R. indicates Harris County Map Records 4) H.C.D.R. indicates Harris County Deed Records 5) H.C.C.F. indicates Harris County Clerk's File 6) O.P.R.O.R.P. indicates Official Public Records of Real Property 7) R.O.W. indicates Right —of —Way 8) Esmt. indicates easement 9) (XXX /XXX) indicates recorded Volume and Page Number 10} "0" indicates iron rod set or found. 11 Nothing in this plat is intended to amend or remove any covenants or restrictions, and this plat shall never be construed as having such an effect. 12) This replat is made subject to the zoning ordinance and other ordinances, rules and regulations of the City of West University Place ( "City' ), all as heretofore or hereafter amended ( "applicable regulations "). Approval of this replat does not: (1) signify that any building or other structure complies with applicable regulations, (2) authorize or excuse any non — compliance with applicable regulations, or (3) relinquish or impair any property right of the City. Any yards, setbacks or building lines s own on this replat are the minimum areas established for such purposes. Applicable regulations may require larger or different yards, setbacks or building fines, and such ordinances shall apply to the area of this replat, regardless of anything to the contrary shown on this replat. I STATE OF TEXAS COUNTY OF HARRIS That the undersigned owner of record legal title to the property described hereon do hereby certify that all existing encumbrances, including easements and all fee strips or significant topographical features on the land hereby platted are fully shown and accurately identified hereon. Further, the undersigned do hereby certify that they own no interest whatsoever in any land contiguous or adjacent to the tract made the subject of plat. We, The Princeton Group, Inc., A Texas Corporation, owner of Princeton Place, do hereby make and establish this re- subdivision and development plan of said property (ies) according to all lines, dedications, restrictions, and notations shown hereon and hereby dedicate to the use of the public forever all streets (except those dedicated as private streets), alleys, parks, water courses, drains, easements and public places shown thereon for the purposes and considerations therein expressed, and do hereby bind ourselves, our heirs and assigns to warrant and forever defend the title to the land so dedicated. Further, Owners do hereby covenant and agree that all of the property within the boundaries of this plat and adjacent to any drainage way shall hereby be restricted to keep such drainage ways and easements clear of fences, buildings, plantings and other obstructions to the operations and maintenance of the drainage facility and that such abutting property shall not be permitted to drain directly into this easement except by means of an approved drainage structure. IN TESTIMONY WHEREOF, The Princeton Group, Inc., A Texas Corporation, has caused these presents to be signed by William A. Blum, its President, thereunto authorized this day of , 1998. THE PRINCETON GROUP, INC. A TEXAS CORPORATION William A. Blum, President STATE OF TEXAS COUNTY OF HARRIS This instrument was acknowledged before me on 1998, by by William A. Blum, President of the Princeton Group, Inc., A Texas Corporation, on behalf of said corporation. NOTARY PUBLIC Printed Name: MhL, 20 10 0 20 I, Louis Fontenot, P. E., as authorized under the laws of the State of Texas to practice the profession of engineering and do hereby certify that the attached plat is true and correct; plat and supporting data ottesting to its accuracy were prepared under my supervision. Louis Fontenot, P.E. Registered Professional Engineer Texas Registration No. 31993 I, Louis Fontenot, as authorized under the laws of the State of Texas to practice the profession of surveying, do hereby certify that the above plat is true and correct, was prepared from an actual survey of the property made under my supervision on the ground, that all boundary corners, block corners, angle points, points of curvature and other points of reference have been marked as herein indicated in this replat. Louis Fontenot Registered Professional Land Surveyor Texas Registration No. 2148 We, OmniBonk, N. A. owner and holder of a lien against the property described in the plat known as the Princeton Place, said liens being evidenced by instruments of record in the Clerk's File Nos. S563863 and S563864 of the Official Public Records of Real Property of Harris County, Texas, do hereby in all things subordinate our interest in said property to the purposes and effects of said replat and the dedications and restrictions shown herein and we hereby confirm that we are the present owner of said lien and have not assigned the same nor any part thereof. This is to certify that the Zoning and Planning Commission of the City of West University Place, Texas, has approved this resubdivision and development plan in conformance with the laws of the State of Texas, and the ordinances of the City of West University Place, as shown hereon and authorized the recording of piat this day of BY: 1998. STATE OF TEXAS COUNTY OF HARRIS Marilyn Otteman Griffin Ned Ross Secretary of Zoning and Planning Chairman of Zoning and Planning This instrument was acknowledged before me on 1998, I, Beverly M. Kaufman, Clerk of the County Court of Norris County, do hereby certify that by .(name of officer), (title of officer), the within instrument with its certificate of authentication was filed for registration in my of a (state of incorporation) office on 1998, at o'clock _'.m. and duly recorded on 1998, at-o'clock-m. and at corporation, on behalf of said corporation. Film Code No. of the Map Records of Harris County for said County. WITNESS MY HAND AND SEAL OF OFFICE at Houston, the day and date last above written. (SEAL) My commission expires: Printed Name: Notary Public Beverly M. Kaufman, Clerk, County Court Harris County, Texas BY: Deputy t � • t RUN A REPLAT OF LOT NINE AND LOT TEN, BLOCK THREE, IN BISSONETT PLACE, AS RECORDED IN VOLUME 8, PAGE 42, HARRIS COUNTY MAP RECORDS: ALSO BEING 0.22 ACRES (10237.50 SQUARE FEET) OUT OF THE A. C. REYNOLDS SURVEY, A-61 IN HARRIS COUNTY, TEXAS. 4 LOTS 1 BLOCK 0 RESERVES OWNER: THE PRINCETON GROIF, INC. C/O 6010 KIRBY DRIVE HOUSTON, TEXAS 77005 EDMINSTER, HINSHAW, RUSS 713 - 784-0450 HRS AND STANDLEY, INC. QQ Engineers / Land Planners / Surveyors APRIL, 1998 10555 WESTOMCE DRIVE, HOUSTON, TEXAS 77042 / 713- 784 -4500 E- 3104 O Lv Q ALABAMA PROJECT a Lin r LOCATION N G vs n o l" RIC:NMONU FREEWAY BiS50 N T w �. !'LUMB Y a ruIFTON t N� Z a I a in l . • Uid1VERSITY � in m w 50N I �. L KLI -A1RE HOLCOMBE ((( r CD v C 4 .. F' S {tl - J 3 w .. J. N � z J e� N s m . > HNQZ`- Y VICINITY MAP NT"S I, Louis Fontenot, P. E., as authorized under the laws of the State of Texas to practice the profession of engineering and do hereby certify that the attached plat is true and correct; plat and supporting data ottesting to its accuracy were prepared under my supervision. Louis Fontenot, P.E. Registered Professional Engineer Texas Registration No. 31993 I, Louis Fontenot, as authorized under the laws of the State of Texas to practice the profession of surveying, do hereby certify that the above plat is true and correct, was prepared from an actual survey of the property made under my supervision on the ground, that all boundary corners, block corners, angle points, points of curvature and other points of reference have been marked as herein indicated in this replat. Louis Fontenot Registered Professional Land Surveyor Texas Registration No. 2148 We, OmniBonk, N. A. owner and holder of a lien against the property described in the plat known as the Princeton Place, said liens being evidenced by instruments of record in the Clerk's File Nos. S563863 and S563864 of the Official Public Records of Real Property of Harris County, Texas, do hereby in all things subordinate our interest in said property to the purposes and effects of said replat and the dedications and restrictions shown herein and we hereby confirm that we are the present owner of said lien and have not assigned the same nor any part thereof. This is to certify that the Zoning and Planning Commission of the City of West University Place, Texas, has approved this resubdivision and development plan in conformance with the laws of the State of Texas, and the ordinances of the City of West University Place, as shown hereon and authorized the recording of piat this day of BY: 1998. STATE OF TEXAS COUNTY OF HARRIS Marilyn Otteman Griffin Ned Ross Secretary of Zoning and Planning Chairman of Zoning and Planning This instrument was acknowledged before me on 1998, I, Beverly M. Kaufman, Clerk of the County Court of Norris County, do hereby certify that by .(name of officer), (title of officer), the within instrument with its certificate of authentication was filed for registration in my of a (state of incorporation) office on 1998, at o'clock _'.m. and duly recorded on 1998, at-o'clock-m. and at corporation, on behalf of said corporation. Film Code No. of the Map Records of Harris County for said County. WITNESS MY HAND AND SEAL OF OFFICE at Houston, the day and date last above written. (SEAL) My commission expires: Printed Name: Notary Public Beverly M. Kaufman, Clerk, County Court Harris County, Texas BY: Deputy t � • t RUN A REPLAT OF LOT NINE AND LOT TEN, BLOCK THREE, IN BISSONETT PLACE, AS RECORDED IN VOLUME 8, PAGE 42, HARRIS COUNTY MAP RECORDS: ALSO BEING 0.22 ACRES (10237.50 SQUARE FEET) OUT OF THE A. C. REYNOLDS SURVEY, A-61 IN HARRIS COUNTY, TEXAS. 4 LOTS 1 BLOCK 0 RESERVES OWNER: THE PRINCETON GROIF, INC. C/O 6010 KIRBY DRIVE HOUSTON, TEXAS 77005 EDMINSTER, HINSHAW, RUSS 713 - 784-0450 HRS AND STANDLEY, INC. 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