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HomeMy WebLinkAbout11212019 ZBA Agenda Item 2 ARTICLE VII Rehearing&Reconsideration Section 1.No decision by the Board shall be reheard or reconsidered except on written motion filed by a member of the Board with the Recording Secretary on or before the tenth day following the date the decision is filed in the Board's office. The motion shall be acted upon within 30 days after the decision has been filed, or at the next regular meeting of the ZBA(whichever comes later). Granting the motion requires at least four votes. The Board may grant either rehearing or reconsideration only (without rehearing). Section 2. The Board may not grant rehearing unless there is a suggestion that new evidence will be submitted,which was not presented at the meeting at which the hearing was originally heard. The Board may require the offer of new evidence and may deny a rehearing upon a finding that no substantial new evidence has been offered. Section 3. If a rehearing is granted,the case shall be put on the calendar for a rehearing and new notice shall be given in accordance with these rules.New notice is not necessary if the Board grants reconsideration only, without rehearing. Reconsideration may be immediate or deferred to a later time. Section 4. After a decision of the Board is final(that is,when no motion for rehearing or reconsideration or appeal to the District Court is pending), the Board will not conduct a hearing on an issue that was resolved in that decision,unless there has been a substantial change in the circumstances of the case. The Board may first hear evidence on the issue of substantial change in the circumstances before deciding to conduct a full hearing. If there is no substantial change,the Board may dismiss the application. From: Sahar Siddiaui To: Debbie Scarcella Subject: Request for rehearing Date: Sunday,October 20,2019 10:19:23 PM Dear Ms. Debbie Scarcella, I would like to request a rehearing of the ZBA application for 2601 Cason St. stub driveway. I would like to provide more evidence as to why a revised driveway would resolve public safety concerns. Currently my garage at 2601 Cason St, Houston TX 77005 opens at Kirby Drive,which is a high capacity traffic corridor and is a hazard for all cars crossing at the time our car has to enter or exist our garage,furthermore the inconvenient location of the drive at Kirby Dr increases congestion at the intersection. City of Houston's Major Thoroughfare and Freeway Plan (MTFP) currently classifies Kirby Drive as a major thoroughfare (Principal Throughfare) with four lanes (cross section of four lanes of traffic,two in each direction).The location of the current driveway is very close to the intersection of Kirby and Holcombe which has been reported in popular press as one of the worst streets of Houston and the traffic problem continues to grow with ongoing construction. https://www.houstonoress.com/newJJthe-10-worst-roads-in-houston-right-now-6733524 Important to note that there is no maneuvering space for my car to avoid backing in to the traffic when exiting the garage. (can provide with measurements and pictures to support this claim). Furthermore there is utility pole on either side of the existing driveway on Kirby which limits any maneuvering. Because of the constant traffic and the potential to run in to an accident on weekdays, we are unable to use the garage on a regular basis. (see exhibit A- multiple photographs of pictures taken of Kirby Drive at my site) To avoid traffic and accident problems on Kirby Drive, we park on Cason St. However,we are forced to park on the street, since no off-street parking is available on our lot. Furthermore, parking on Cason St is not an easy solution because any traffic coming from Kirby continues to be impeded since street space is limited.This is another safety hazard for everyone involved.Any municipal trucks or vehicles have increased difficulty maneuvering into the street because of cars having to park on the street. (see exhibit B, I am attaching pictures of me backing into my neighbor's driveway to help provide room to West University solid waste truck which entered on to Cason St)This truck making a simple turn into the street created a serious safety concern for my or any car on Cason St. and any car behind the truck on Kirby Dr. The municode does allow for a stub driveway for houses located on 4 lanes roadway (see section 10- 103).The congestion problem created at Kirby is a serious concern, and thus I propose that an allowance should be made for 2601 Cason St. Even City of Houston understands this is a major concern and prevents vehicular access on major streets,Sec 42-152. Furthermore, if a condition exists where a garage is opening to a major street, drive access needs to accommodate a turning condition so that a vehicle is not backing onto the street,Sec 42-150 and 188. Exhibit A: Photos of congestion on Kirby Exhibit B: Photos of utility trucks having difficulty coming into street Thank you for your consideration. Sincerely, Sahar Siddiqui Sent from Mail for Windows 10 , \ Oe West University Place Zoning Board of Adjustment City of West University Place,Texas DECISION TO DENY A VARIANCE Docket No: 2019-0007 Address of building site: 2601 Cason St., Houston,TX 77005 Legal description of the building site: Lot 20, Block 4, of Belle Court, a subdivision of Harris County,Texas, according to the map or plat thereof, recorded in volume 452, page 498,of the deed records of Harris County, Texas. Applicant: Sahar Siddiqui Decision or Action Requested: The applicant requests a Variance from Article 10, Section 10-103(b)to allow a dead end or stub driveway in the front yard setback. Notice,Hearing, Findings, Vote: (X) Notice of hearing was given by: regular and certified mail (to nearby property owners) and by posting on- site in accordance with Article 11 of the Zoning Ordinance, by Debbie Scarcella, City Planner, City of West University Place, Texas. (X) Hearing was held on: September 26, 2019. (X) Motion to approve the variance, the vote was: 1 for; 4 opposed,motion did not carry and request is denied. Decision of the Zoning Board of Adjustment denying a variance request (subject to all applicable appeals): Under and subject to the City's Zoning Ordinance and applicable law, a variance to Section 10-103(b) to allow a stub or dead end driveway in the front yard(setback)is denied for the site and request as identified above. Other Provisions: THIS DECISION APPLIES ONLY TO THE SPECIFIC ITEMS DEFINED ABOVE. IT DOES NOT APPLY TO ANY OTHER ASPECT, USE OR PART OF THE SITE OR STRUCTURE IN QUESTION,NOR DOES IT APPLY TO ANY OTHER ACTIVITY, SITE OR STRUCTURE. TO OBTAIN A RULING FOR ANY OTHER ITEM REQUIRES SEPARATE APPLICATION,NOTICE, HEARING, PROOF AND BOARD FINDINGS. NOTHING IN THIS DECISION IMPLIES THAT ANY SUCH FINDINGS WOULD OR WOULD NOT BE MADE BY THE BOARD. Effective Date&Administrative Remedies: This decision takes effect on the date it is filed in the Board's office (c/o Secretary of the Zoning Board of Adjustment, 3800 University Boulevard, Houston,Texas 77005), unless otherwise indicated above. Any appeals of this decision are subject to and governed by applicable ordinances and laws, including: the Zoning Ordinance and Chapter 211,Tex. Local Government Code. Under Chapter 211, petitions for judicial review must be presented within 10 days after the date this decision is filed in the Board's office. The rules of the Board allow re-hearings in certain circumstances. As additional administrative remedies: (1)the permittee/applicant may be able to apply for a different interpretation, variance, or special exception, and (2) any person may request that the City consider an amendment to the Zoning Ordinance; see Article 11, which indicates that such requests, should be submitted to the Zoning&Planning Commission. ZONING BOARD OF ADJUSTMENT, CITY OF WEST UNIVERSITY PLACE, TEXAS / By: 1{. in ' #% Steven Segal Presiding Officer,Zoning Board of Adjustment STATE OF TEXAS COUNTY OF HARRIS This instrument was acknowledged before me on ' ,V 3-4D date)by -5-;"\-0,-DV1V-r-- \ (r rielas Presiding Officer of the Zoning Board of Adjustment of the City of West University Place,Texas. iCallj0S1E MARIE HAYES -Notary 10#�12375844 iko) My Commission Expires June 22,2021 My commission ex ires: :- . V Q \YCU 6.Q. (-J Notary Public This instrument was filed in the Board's office on \Cb`1 c6.t\ , and, if a mailing list is attached, copies were mailed to the persons on the list on N/A. By: ` A . Name: —\a 1(r. .0 f.� r � Title: 1 -1 y0, 'tV\Y`1 . After recording please return to: Secretary, Zoning Board of Adjustments City of West University Place 3800 University Boulevard Houston, Texas 77005 The City of West University Place A Neighborhood City Zoning Board of Adjustment City of West University Place,Texas ("City") Docket No.2019-0007 DECISION TO DENY A SPECIAL EXCEPTION Address of building site: 2601 Cason St., Houston,TX 77005 Legal description of the building site: Lot 20, Block 4, of Belle Court, a subdivision of Harris County, Texas, according to the map or plat thereof, recorded in volume 452,page 498, of the deed records of Harris County, Texas. Applicant: Sahar Siddiqui Decision or Action Requested: The applicant requests a Special Exception as authorized by Table 7-5a, Note 5 to authorize an additional curb cut to the building site in order to build a dead end or stub driveway in the front yard setback. (X) Notice of hearing was given by: regular and certified mail (to nearby property owners) and by posting on-site in accordance with Article 11 of the Zoning Ordinance,by Debbie Scarcella, City Planner, City of West University Place,Texas. (X) Hearing was held on: September 26, 2019. (X) Motion to approve the special exception, the vote was: 2 for; 3 opposed, to this request. Application was denied. Decision of the Zoning Board of Adjustment denying special exception (subject to all applicable appeals): Under and subject to the City's Zoning Ordinance and applicable law, a special exception as specifically allowed by Section 7,Table 7-5a,Note 5 is denied for the site and request as identified above. Other Provisions: THIS DECISION APPLIES ONLY TO THE SPECIFIC ITEMS DEFINED ABOVE. IT DOES NOT APPLY TO ANY OTHER ASPECT, USE OR PART OF THE SITE OR STRUCTURE IN QUESTION,NOR DOES IT APPLY TO ANY OTHER ACTIVITY, SITE OR STRUCTURE. TO OBTAIN A RULING FOR ANY OTHER ITEM REQUIRES SEPARATE APPLICATION, NOTICE, HEARING, PROOF AND BOARD FINDINGS. NOTHING IN THIS DECISION IMPLIES THAT ANY SUCH FINDINGS WOULD OR WOULD NOT BE MADE BY THE BOARD. Effective Date &Administrative Remedies: This decision takes effect on the date it is filed in the Board's office(c/o Secretary of the Zoning Board of Adjustment, 3800 University Boulevard, Houston, Page 2 Texas 77005), unless otherwise indicated above. Any appeals of this decision are subject to and governed by applicable ordinances and laws, including: the Zoning Ordinance and Chapter 211, Tex. Local Government Code. Under Chapter 211,petitions for judicial review must be presented within 10 days after the date this decision is filed in the Board's office. The rules of the Board allow re-hearings in certain circumstances. As additional administrative remedies: (1)the permittee/applicant may be able to apply for a different interpretation, variance,or special exception, and(2) any person may request that the City consider an amendment to the Zoning Ordinance; see Article 11, which indicates that such requests should be submitted to the Zoning&Planning Commission. ZONING BOARD OF ADJUSTMENT, CITY OF WEST UNIVERSITY PLACE,TEXAS By: -7- -1-"P_ Steven Segal <' Presiding Officer, Zoning Board of Adjustment STATE OF TEXAS COUNTY OF HARRIS This instrument was acknowledged before me on kO, `-1 O\ (date)by Steven Segal (n ing Board of Adjustment of the City of West University Place, Te4i• ` JOSIE MARIE HAVES -.��.. Notary 10 0 12375814 W . My Commission Expires .411.11to. 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Address: 2 eso I Cas art Si reek , }ioOSion Tic R- s Contact: Phone: 911 -3O6- os y 3 Fax: Email:Sc LIar 0`5@,9116‘"/'(C 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: 0-Special Exception. _ • Exact zoning ordinance section that authorizes the special exception: 1°12‘e 1 -5 a.. hold„ 5 • Exact wording of special exception requested: IZeckpesc a sprtrc.-1 encept c.n 40 sechor, ;v. o,-d mein e.e, , Aab1e 4 -Sa (twice S.) .6 a,uihofi at curb c.ul- , -ih,s cpec.Ac4 exce2phon'is cva41. -, sid b,./ 4-abole '4 -Sc. cnbii c) (vlarfance. • Exact zoning ordinance section from which a variance is requested: Sed- on 10 t03eb) • Exact wording of variance requested: keovAe4 4 �r n ai a n c.e #) Secfio" 10 - 10 3L b) (} Zone'n9 re5wev arts - J I� CXe' dova c,,ci Enc. /54114 + geiv 't,,se.) ivt ie fr i 3anQ . Other Data. Are there drawings or other data? ( )No ( )Yes(Nsf items hero and attach them) }) Na,rvc4,tle ) vva✓r} vie, -C?asan sfi z) - House. suoiey 4.) s cie vlee.o _ e.aao,-►gt. 3) ?ropseci .Urvey 4) 't.,+le cywct ret j deed Attached.The applicant has read the State and City regulations attached. Signature of applicant: �.?( Date: a a(o3J1a For Staff Use only Date filed: 1-s- ) Date heard: Docket#: P2- itr`G 0007 Farm ZBA•102 Narrative: We recently moved to 2601 Cason Street,Houston in Jan, 2019 and have been facing immense difficulty with street parking for multiple reasons listed below. • Very Busy street(Kirby) and intersection(Kirby& Holcombe) Kirby is very busy especially around the intersection with Holcombe. Unfortunately,we have no driveway from Cason St. Our house has a small garage which opens at Kirby but my Odyssey is not able to fit in. Even if we get smaller car(almost impossible with three car seats for my kids), it would not do without impeding the traffic on the busy Kirby and Holcombe intersection. • Child with Special Needs and safety for kids My three year old was recently diagnosed with autism,has special needs with the tendency to nm amok. I am particularly concerned about his safety especially when we are putting them in the car especially as Kirby can be very busy and cars frequently drive in to Cason Street from Kirby or vice versa and often with higher speeds than usual. My husband and I have been parking on Cason St. We have three young children(6 year old, 3 year old and 1 year old) and worry about their safety while parking on the street. • Neighbors not happy with street parking We have faced verbal protests and hand written notes on our windshields from our neighbors if we happen to park in front of their house. We try to park in front of our house,but again are limited due to the STOP sign. My nanny and child's therapist who comes on weekdays are also now receiving similar notes and complaints on their wind shields. Proposed Solution: • Add dead end driveway/stub driveway(See attached survey) It would be of whatever acceptable material and in a color and appearance appealing and in keeping with the neighborhood; either poured concrete or precast pavers. Pros: Providing off street parking for my two cars Provide off street parking for nanny and therapist(when we are at work) Improve congestion problem at Cason&Kirby Important for children's safety Make neighbors happy • 9/4/2019 Cason Survey.JPG ' 11/22/2612 Vic 61 71366622' LMIN*steRrfrl POSE Ti m. Hsi .1SIP.4.s, LOT t I LOT 2 1' F t --'\,� 6,Y�' "' [SS] ; ` ., It T td* '''.14^..li4w Noe 74 �/ µti IAy It.,,;„,_ � � LOT 174 wirRM?• �: 1rliM7 � r 0. I WM C.A50,1 :.' Ui__ i 1 .1eLOT 20 -., BLOCK 4 Ord VI' lis -.yr Coo 1 NORM, '`r' , SON STREET"'`' (CAlO4 AVOW POI.}LAT) cm . 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FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN IDE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. SPECIAL WARRANTY DEED (With Third Party Vendor's Lien) THE STATE OF TEXAS C*ago Fitle GF# CT-71?6993'34 COUNTY OF HARRIS § THAT LOVELEE HOMES,INC.,hereinafter referred to as"Grantor"(whether one or more),for and in consideration of the awn of TEN AND NO/100 DOLLARS (110.00) and other good and valuable consideration to Grantor in hand paid by SAHAR SIWDIQUI,A tVLARRIEI)PERSON,hereinafter refected to as"Grantee"(whether one or more),the receipt and sufficiency of which are hereby acknowledged and confessed,and for the further consideration of the execution and delivery by Grantee of one certain Promissory Note of even date herewith,in the original principal sum of Five Hundred Fifty-Eight Thousan d Four Hundred And No/104 Dollars(S558,400.00),payable to the ceder of WATERMARK CAPITAL,INC., A CALIFORNIA CORPORATION,hereinafter called"Mortgagee";said Promissory Note being secured by a Vendor's Lieu and the Superior Title herein retained and reserved in favor of Grantor and assigned and conveyed,without recourse, to Mortgagee,and also being secured by a Deed of Trust of even dote herewith N from Grantee to THOMAS E.BLACK,JR,Trustee,reference to said Promissory Note and Deed of Trust co being hereby made for all purposes; CD CD Lc) Grantor has GRANTED,SOLD AND CONVEYED,and by these presents does GRANT.SELL AND co CONVEY,unto Grantee,the following described real property,to-wit: CTQ LOT 20,BLOCK 4,OF BELLE-COURT,A SUBDIVISION IN HARRIS COUNTY,TEXAS,ACCORDING a_ TO TILE MAP OR PLAT THEREOF RECORDED IN VOLUME 452, PAGE 498, OF THE DEED RECORDS OF HARRIS COUNTY,TEXAS. together with all improvements thereon,if any,and all rights,privileges,tenements,hereditaments,rights of way,easements,appendages and appurtenances,in anyway appertaining thereto,and all right,title,and interest of Grantor in and to any streets,ways,alleys,strips or gores of land adjoining the above described property or any part thereof(hereinafter referred to as the"Property"). TO HAVE AND TO HOLD the Property,together with all and singular the rights and appurtenances thereto in any wise belonging,unto Grantee and Grantee's heirs or assigns FOREVER.Grantor does hereby bind Grantor and Grantor's heirs, executors, and administrators TO WARRANT AM)'FOREVER DEFEND ail and singular the said Property unto Grantee and Grantee's heirs and assigns against every person whomsoever lawfully claiming or to claim the acme,or any part thereof, by, through or muter Grantor,but not otherwise. But it is expressly agreed that Grantor reserves and retains fbr Grantor,and Cbantor's heirs and assigns,a Vendor's Lien,as well as the Superior Tide,against the Property until the above described Promissory Note and all Interest therein have been fully paid according to the teams thereof;when.this Deed etull become absolute. WHEREAS,Mortgagee,at the special instance and request of Grantee,having paid to Grantor a portion of the purchase price of the Property,as evidenced by the above described Promissory Note,Grantor hereby assigns,transfers,conveys and delivers,without recourse,to Mortgagee said Vendor's Lien and Superior Title against said Property to secure the pay w nt of said Promissory Note,and subrogates Mortgagee to all rights and remedies of Grantor in the Property by virtue thereof. To the extent applicable to and enforceable against the Property,this Deed is executed,delivered and aMOWARDEED.WEDDDeA Pa9,1 w 3 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. SPECIAL WARRANTY DEED (With Third Party Vendor's Lieu) THE STATE OF TEXAS § CYtittawjTt'dti<iro Grit_.:._.... iia ��... ..._. COUNTY OF HARRIS § .016 U I;UME.Nt HAS BEEN E!.I CTROMICA'JY}1F.COROP.O THAT LOVELEE HOMES,INC.,hereinafter referred to as"Grantor"(whether one or more),for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable consideration to Grantor in baud paid by SAHAR SIDDIQUI,A MARRIED PERSON,hereinafter rethired to as "Grantee" (whether one or more),the receipt and sufficiency of which are hereby acknowledged and confessed, and for the thither consideration of the execution and delivery by Grantee of one certain Promissory Note of even date herewith,in the original principal sum of Five Hundred Fifty-Eight Thousand Four Hundred And No/100 Dollars($558,400.00),payable to the order of WATERMARK CAPITAL,INC., A CALIFORNIA CORPORATION,hereinafter called"Mortgagee";said Promissory Note being secured by a Vendor's Lien and the Superior Title herein retained and reserved in favor of Grantor and assigned and conveyed,without recourse, to Mortgagee,and also being secured by a Deed of Trust of even date herewith from Grantee to THOMAS E.BLACK,JR,Trustee,reference to said Promissory Note and Deed of Tmst being hereby made for all purposes; Grantor has GRANTED, SOLD AND CONVEYED, and by these presents does GRANT, SFT L AND CONVEY,unto Grantee,the following described real property,to-wit: LOT 20,BLOCK 4,OF BELLE-COURT,A SUBDIVISION IN HARRIS COUNTY,TEXAS,ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 452, PAGE 498, OF THE DEED RECORDS OF HARRIS COUNTY,TEXAS. together with all improvements thereon,if any,and all rights,privileges,tenements,hereditaments,rights of way,easements,appendages and appurtenances,in anyway appertaining thereto,and all right,title,and interest of Grantor in and to any streets,ways,alleys,strips or gores of land adjoining the above described property or any part thereof(hereinafter referred to as the"Property"). TO HAVE AND TO HOLD the Property, together with all and singular the rights and appurtenances thereto in any wise belonging,unto Grantee and Grantee's heirs or assigns FOREVER.Grantor does hereby bind Grantor and Grantor's heirs, executors, and administrators TO WARRANT AND FOREVER DEFEND all and singular the said Property unto Grantee and Grantee's heirs and assigns against every person whomsoever lawflilly claiming or to claim the same, or any part thereof; by, through or under Grantor,but not otherwise. But it is expressly agreed that Grantor reserves and retains for Grantor,and Grantor's heirs and assigns,a Vendor's Lieu,as well as the Superior Title,against the Property until the above described Promissory Note and all interest therein have been fully paid according to the terms thereof,when this Deed shall become absolute. WHEREAS,Mortgagee,at the special instance and request of Grantee,having paid to Grantor a portion of the purchase price of the Property,as evidenced by the above described Promissory Note,Grantor hereby assigns,transfers,conveys and delivers,without recourse,to Mortgagee said Vendor's Lien and Superior Title against said Property to secure the payment of said Promissory Note,and subrogates Mortgagee to all rights and remedies of Grantor in the Property by virtue thereof. To the extent applicable to and enforceable against the Property,this Deed is executed, delivered and BMGWAROEEDSPECCOM Pop 013 • ACKNOWLEDGMENT The State of TEXAS § County of HARRIS § LThis i sttune was yacknowledgpcl before a ou the day of /)V�p by ti Vim.' f • (.yl Y ra'' Of„,--9, L�Ql/�� - - 1 Y5^-"7 —, c� ,ou behalf of said 'mo i t � •/� r fe. t,; DIOI'1.C 1g3�N1 i;i11111 (((1 c Ji t r 1 r y 3ubut -ur.;nl r• r`1 : 1.' .) ':�� C:,r„rr,.1.Npirr:,:09-0(3.202Dy !d Notary Public 3i Nom),1D 42R3739 My conalisaioii exyh'es: " ` • Notary's Name(punted) • • • BMOWARDEEDarECCDM Pape 3 d3 accepted subject to the following: any liens described herein; ad valorem taxes for the current and all subsequent years,and subsequent assessments for prior years due to changes in land usage or ownership; zoning ordinances,utility district assessments,and standby fees,if any;all valid utility easements created by the dedication deed or plat of the platted subdivision in which the Property is located, covenants and restrictions common to the platted subdivision in which the Property is located,mineral reservations,end maintenance or assessment liens(if any),all as shown by the real property records of the County Clerk of the County in which said Property is located;and any title or sights asserted by anyone(including,but not limited to,persons,corporations,governments or oilier entities)to tidelands,or lands comprising the shores or beds of navigable or perennial rivers and streams,lakes,bays,gulfh or oceans,or to any land extending from the line of the harbor or bulkhead lines as established or changed by any government or to filled-in lands,or artificial islands,or to riparian rights or other statutory water rights,or the rights or interests of the State of Texas or the public generally in the area extending from the line of mean low tide to the line of vegetation or the right of access thereto,or right of easement along and across the same,if any. The contract between Grantor, es the seller, and Grantee, as the buyer, may contain limitations as to warranties.To the extent said contract provides for such limitations to survive this conveyance,they shall be deemed incorporated herein by reference. However,the warranty of title contained in this Deed is hereby expressly excluded from any limitations as to warranties contained in the contract referenced in this paragraph. When this Deed is executed by more than one person, or when Grantee is more than one person,the instrument shall read as though pertinent verbs,nouns and pronouns were changed correspondingly,and • when executed by or to a legal entity other than a natural person, the words "heirs, executors and administrators"or"heirs and assigns"shall be construed to mean"successors and assigns".Reference to any gender shall include either gender and iu the case of a legal entity other than a natural person,shall include the neuter gender, all as the case may be. The term "Mortgagee" shall include the Mortgagee's heirs, successors and assigns,as applicable. DAI'LD the 2ND day of NOVEMBER,Z018. LOVELEE HOMES,INC. By: 'J. �,r.�• / r�...= Name: %.c' a' 6� (. ,.' J• Title: O_i,,.,•...�. .(...n _. ATTEST: Secretary I Cashier After Recording Return To Grantee At GRANTEE'S MAILING ADDRESS: SAHAR SIDDIQUI 2601 CASON STREET HOUSTON,TX 77005 • 6MOWAROEEosPECCOM Pepe 2 M 3 v= ' ' m m A 3 a 9._ 3 a ,rr 0 d o Er ii V :0',1.,',..t...',1',.::.,, '•:(4:11' i .7., 00 o co .* X Y$ �jr .M:. a ,, :4„,,r.:-..., ,, n _ r40- .fid . is t Ix , ` b{3r t 144, O 17 , O ooa a 9 3 c m m w n m 7 m o a D3 n m 0 :p CO N c -4 A d N CIOO ,n aw c C.,' IA I0 ,i a m 2 ,, M 8ii a "1 4A "3"- m C ro c` � o c� 3 w 0) 0- OMII3 0 c o cr m 3 co o a x 0 o p . Y n 1041), I v an -J ,r , -co I N n < 3 ¢ co a) co O d co „ N co ..r, ' a �. N d At 04 @ CO ‘141.....—,44.' *- 4. r S :......4 h ' 4' 44 r It I\3 .. (O p� a � "�. .w► .x s t. w�.:, r, kid.• 11* p OA TD- 8 S"v Q '° ark 3 . (13,J0 010107 1Sscr ,_� k "'�i§ .. `a ;nu &+ aCo 7 4,4 r 4....„,,,t‘i iii.., t.....,,,,41,- it. , .s, , .r..,,: Qe '''';':' ''''''':%,,, ' SI ' *341, "" ,0 ' '''''' , ', 010kro : /-,,,,,..,.., ahositt& 411 Co'0 ra w�I ,ro cc If: 0. go ' 3s ,or,,. 0f :;^ p,rcf m p „O O"' I ' K5/4 -yO O G. � i3 ' ' g» s pM' Fa* am "eCO yi - # J....aE F .lti -' - -11 rD a ro(i , t. 743.iiitil ',1 '''"" '0, k tri cD a cri -. o . r , _ 4meq; * -giti , ,,,?-',_., 7,...„.._2.„,„,,,,,..,...„ 1 .1. , 4 :: s fK, ,^ .., r. ..y y "µ„ms. k . f t rt ,y" gay, i\-0 s91. '�s".� m *i City of West University Place To: Zoning Board of Adjustments From: Debbie Scarcella,City Planner Date: September 20,2019 Re: Staff Report for Docket 19-0007 Applicant's Request The applicant in Docket 19-0007,2601 Cason,is requesting both a variance to Section 10-103(b)in order to allow a"stub" or"dead end"driveway in a front yard and a special exception to Table 7-5a,Note 5,to authorize a second curb cut on the building site. Background Information The site is located at the southwest corner of Cason and Kirby Dr. and is 50'wide by 120' deep. There is an existing driveway and curb cut from Kirby in the side yard that ends at the garage. The driveway is approximatelyl6'deep from the garage doors to the sidewalk. Since the Cason intersection is so close to Holcombe/Bellaire Blvd to the south,it is very difficult to load and unload the applicant's children into the vehicle without concern for the traffic congestion that occurs at Kirby and Holcombe/Bellaire.The applicant is asking for a special exception to allow another curb cut on the Cason side for use for parking her vehicle. The driveway would stop or"dead end"in the front yard,thus necessitating the need for a variance. Staff Response Variance Request Section 10-103(b)requires that all parking and maneuvering areas be located behind the principal building. It goes on to prohibit"stub"or"dead end"driveways located in the front yard setback. There is an exception for those sites that front on a major thoroughfare containing four or more lanes. This site does not front Kirby. Staff believes that the ZBA has the authority to grant this variance,but according to Section 11- 102 of the zoning regulations,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.The findings to grant a favorable result for this application are as follows: 1. The ZBA must find that a literal enforcement of the ordinance would result in an unnecessary hardship. 2. By granting the variance would the spirit of the ordinance be observed and substantial justice done? 3. Would the variance be contrary to the public interest? (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. li The ZBA may prescribe conditions to the request such as limiting the length and width of the parking space,requiring pervious pavement,require screening,etc. Special Exception Request Table 7-5a limits the maximum number of curb cuts to"one per designated building site abutting the street." Note 5 of Table 7-5a authorizes additional curb cuts and specifically authorizes staff to approve the curb cuts for semi-circular driveways as prescribed in Chapter 70 of the Code of Ordinances. This proposed driveway would not be connected and so is not authorized without a special exception from ZBA. Table 7-5a,Note 5 of the Zoning Ordinance gives the ZBA the authority to grant a special exception for additional curb cuts. The ZBA must fmd that the request is in harmony with the general purpose and intent of the Zoning Ordinance and that the request will not cause any signifjcant increase in on-street parking or traffic,traffic congestion,or an unreasonable burden upon public utilities or services. If the Board grants the special exception,the Board can attach conditions. 2 1. Section 10-103. - Location of parking spaces. (a) Same Site Rule. All parking spaces required by this ordinance must be located on the same building site with the building space served. Exception : the required spaces may be located up to 300 feet from the entrance of a building served (and may be outside the City limits)for: (i) parking for building sites not used primarily for residential purposes where an increase in the number of spaces is required by a change or enlargement of use, (ii) spaces allowed by this Ordinance to be used jointly for two or more uses or types of space, or (iii) a community center, library, school, place of worship, museum or similar institution with mixed uses and types of space served by common parking spaces. (b) Yards and street areas. (1) In an SF district, all parking areas and maneuvering areas (including dead-end or stub driveways) must be behind the principal building or surrounded by opaque fences or walls at least six feet tall, and all such areas are prohibited in front yards. Exception: On a building site accessible only from a roadway marked for four lanes or more, there may be a driveway stub, if it meets all the following criteria: (i) The stub must be designed to allow vehicles on a driveway to turn around and enter the roadway headfirst; (ii) The width of the stub may not exceed nine feet (plus up to two feet on each side for aprons); (iii) The length of the stub, when added to the width of the driveway, may not exceed 24 feet (but if the site width is 60 feet or more, the length of the stub may be up to 18 feet, in addition to the actual width of the driveway); (iv) The stub must be pervious pavement; (v) Aprons may not be larger than two feet in any dimension; (vi) No part of the stub or its aprons may be closer than two feet to any property line or public sidewalk; and (vii) The stub may be located in the front yard only to the extent that existing structures or obstructions make another location impractical. (2) In a non-SF district, no required parking space may be: (i) Closer than 10 feet to a street area, except an alley; or (ii) Farther than 500 feet (driving distance)from a street area. General Rule: Every building site,vehicular area and related structure must conform to the applicable regulations shown, by District, in this Table 7-5a: table. ("N/A" means the rule does not apply.) Exceptions/Special Parking,driveways,etc. Rules: (1)See special rules noted in table. (3) See Article 9 regarding Planned Development Districts. (3) See Note 7 regarding special exceptions. (4)See Article 10. Item Regulation SF-1 SF-2 SF-3 TH GR-1 GR-2 C TCC Curb cuts For SFD use: Maximum one per designated building site abutting the Other Number street. For non-SFD uses: Maximum one per 50-ft. segment of street regulations line.See Note 5. apply; see, e.g.Article Max. width Four feet(for aprons) plus the maximum driveway width allowed. 10 and Chapter per 50-ft. Each curb cut must be confined to the part of the street area that 70 of the Code of segment of directly abuts the building site(s) served.See Note 1. Ordinances. street line Note 5. Curb cuts. The ZBA may issue a special exception for additional curb cuts. Exception: The Administrative Official may authorize additional curb cuts for a corner site when in compliance with the requirements for two curb cuts for circular driveways specifically allowed by Chapter 70 of the Code of Ordinances. These additional curb cuts are not prohibited and do not require a special exception.