HomeMy WebLinkAbout02272020 ZBA Agenda Item 2 City of
West University
Place
To: Zoning Board of Adjustments
From: Clay Chew,Building Official
Date: February 27,2020
Re: Staff Report for Docket 20-0001
Applicant's Request
The applicant in Docket 20-0001,6402 Vanderbilt,is requesting both a variance to Section 10-103(b)in order to allow a
"stub"or"dead end"driveway in a side 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 northwest corner of Vanderbilt and Duke and is 100'wide by 200'deep. There is an existing
circular driveway in the side yard that ends at the garage driveway. The circular driveway would be replaced by a single
driveway which would end at the existing porte cochere. A new garage and driveway is planned to be built with the
current garage area turned in to outdoor space.The applicant is asking for a special exception to allow another curb cut on
the Duke side for use for parking at the porte cochere. The driveway would stop or"dead end"in the side 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 find that the request is in harmony with the general purpose and intent of the Zoning Ordinance and
that the request will not cause any significant 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.
21
Other non-SFD uses: Maximum one per 50-ft. segment of street line.See Note
regulations 5.
apply;
see, e.g.
Article 10.
Max. width per Four feet (for aprons) plus the maximum driveway width allowed. Each
50-ft. segment curb cut must be confined to the part of the street area that directly
of street line abuts the building site(s) served.See Note 1.
Forbidden
Visibility structures,
See Chapter 82 of the Code of Ordinances.
triangles plants and
other things
Note 1. Width measurement methods . Minimum driveway width refers to unobstructed vehicular
access path and, for non-SFD use, pavement. Maximum driveway width refers to maximum
width of pavement in a front yard or street area, excluding complying curb cut aprons. Maximum
curb cut width refers to the width of the driveway plus aprons, measured at the edge of the
roadway.
Note 2. Grouped or shared parking .Article 10 also provides for a special exception, in certain
circumstances.
Note 3. Parking exclusivity(non-SFD uses) . Required parking spaces must be kept open, readily
accessible and used for parking only, with no sales, dead storage, display, repair work,
dismantling or servicing of any kind. Required guest parking spaces must be kept open and
reserved for that use only.
Note 4. Pavement. The ZBA may issue a special exception to allow other materials if it finds that
they will provide equal or better durability.
Note 5. Curb cuts. The ZBA may issue a special exception for additional curb cuts. Two curb cuts for
circular driveways specifically allowed by Chapter 70 of the Code of Ordinances are not
prohibited and do not require a special exception.
Note 6. Route;Alternating Driveways . Each driveway must connect garage space to the street by
the most direct route. On narrow sites where alternate side yard areas apply(see "Yards"
table), the following special restrictions also apply: (A) there must be a driveway located as
nearly as practicable to one side of the site; (B)the side is determined in accordance with the
established driveway pattern for the block face in question, if there is such a pattern; and (C) if
there is no such pattern, and if there is an adjacent driveway on one adjoining building site but
not the other, the driveway must be on the side farthest from the adjoining driveway.
Exceptions: (i)this paragraph does not prohibit circular driveways specifically permitted under
another ordinance of the City, and (ii) a driveway may be curved or moved away from the most
direct route to the extent reasonably necessary to avoid destroying or seriously injuring a tree.
Note 7. Special Exceptions . The ZBA may issue a special exception for a parking area, garage or
driveway(or other maneuvering area) in another location or with a different design than
Page 24
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.
(c) Certain Joint Use of Spaces. The ZBA may issue a special exception to allow up to 75 percent of
the parking spaces required for any use or type of space to be used jointly for another use or type of
space, if the ZBA finds that no increase in on-street parking is likely to result. See Table 7-5a.
(d) Above-Grade and Underground Parking Prohibited. No parking spaces shall be located above
grade or below grade, meaning that all off-street parking required by this Article shall be provided as
at-grade "surface" parking. In the TCC district, no at-grade parking shall be located below any
portion of a building.
(e) Easements in PDD-C1 . In PDD-C1, parking spaces may not be located in any easement for
underground utilities.
(Ord. No. 1799, § 1(ex. A), 5-23-2005; Ord. No. 1894, § 1(ex. A), 4-27-2009; Ord. No. 2005 , §
1(Exh. A), 3-9-2015)
sof,
City of West University Place
• ' APPLICATION TO THE ZONING BOARD OF ADJUSTMENT OF THE
CITY OF WEST UNIVERSITY PLACE, TEXAS ("CITY")
TEXAS
Address of site: 6402 Vanderbilt Street, West University Place, Texas 77005
Legal description of the site: Lot 6, Block 12, West University Place
Applicant: Jay Steinfeld & Barbara Winthrop
Address: 4919 Holly Street, Bellaire, Texas 77401
Contact: Ed Bullock Phone: 713-980-0279 Fax: 713-513-5317 Email: ed@dkarc,corn
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:
(x:) Special Exception.
• Exact zoning ordinance section that authorizes the special exception: Table 7-5a, Note 5
• Exact wording of special exception requested: Requesting a special exception to Table 5a. A special exception
is authorized by Table 5a Note 5.
(X)Variance.
• Exact zoning ordinance section from which a variance is requested: 10-103(b)
• Exact wording of variance requested: Requesting a variance to section 10-103(b) of zoning regulation to allow a stub
driveway in the side yard
Other Data. Are there drawings or other data? ( )No (X)Yes(list items here and attach them)
1. Proof of ownership -bac.k.tA puck
2. Land survey of site
3. Photographs of existing house and driveway
4. Aerial view of house and neighbors
5. Narrative of request for variance•
6. Plan of existing driveways and curb cuts
7. Plan of proposed driveways and curb cuts
Attached.T+- applicant has read the tate and City regul tions ttach d.
41111W-, 11111141Thifity-APIP Signator= • _=•ii Date:
For Staff Use only Date filet U�a 0 Date heard^ - t` Docket#: aoc v
Form ZBA-102
DILLON KYLE ARCHITECTS
Memo
To: Zoning Board of Adjustment-City of West University Place
Project: 6402 Vanderbilt Street
Date: Febuary 6,2020
Subject: Variance request
On behalf of Jay Steinfeld and Barbara Winthrop,the owners of the property at 6402 Vanderbilt Street,
we respectfully request a variance from the zoning ordinance for the following:
An addition and renovation is proposed to the single family residence at 6402 Vanderbilt Street in
West University Place at the corner of Vanderbilt Street and Duke Street.We propose to remove the
existing attached three car garage and existing circular driveway with two curb cuts.We will replace
those with a new three car garage (attached to the house with a covered porch) and two curb cuts
serving two separate driveways.One driveway will serve the new garage and a separate driveway will
serve the existing covered guest parking space(porte-cochere).
1. We believe the requested variance serves the public interest by reducing the amount of concrete
paving on site by replacing much of the currently paved area with permeable landscape that would
absorb more rainwater on-site and add green space consistent with the character of the
neighborhood.Removing the curb cut and driveway entrance closest to the corner would remove
unsightly car parking near the front of the house and the corner of the streets. Additionally, it
could enhance traffic safety by reducing the number of approaches near the road intersection to
improve driver sight lines,reaction time and safe vehicular maneuvering room at the intersection.
2. Enforcement of the ordinance as written that requires the two allowable curb cuts serve a circular
driveway would burden the owner of the property with an unsightly,unnecessary and potentially
unsafe circular driveway that the owners do not plan to use in lieu of garden space that the owners
desire.
3. We believe the spirit of the ordinance is preserved with the proposed driveways in that the number
of curb cuts is not increased, the paving on-site and on public right-of-way is reduced while
allowing the same amount of allowable on-site parking as currently exists.The proposed design
provides for four covered parking spaces:Three in the new garage and one in the existing porte-
cochere.This complies with the maximum allowable garage space on site.
1500 W.Alabama Street,Houston,TX 77006 PAGE 1 of 1 713.520.8792 dkarc.com
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Charter Tak
Company
Charter Title Company
1717 West Loop South,12th Floor
Houston,TX 77027
Phone(713)871-9700*Fax(713)871-8208
Jay Ira Steinfeld Date: December 23, 2019
6402 Vanderbilt Street GF#: CH-7666-1076661900328
Houston, TX 77005 Property Address:
6402 Vanderbilt Street
Houston, TX 77005
Dear Jay Ira Steinfeld:
In connection with the transaction we recently completed for you, please find enclosed the following documents:
Owner's Policy of Title Insurance
It is your responsibility as purchasers to contact the taxing authorities to change the tax rolls so that this
property is assessed in your name.
We appreciate your business and we trust that this transaction was handled in a satisfactory manner. We look
forward to serving you again in the future.
Charter Title Company
OWNERS POLICY COVER SHEET
TXFNFESC_Letter(OwnerPolicyCoverSheet)(11-07)
TEXAS RESIDENTIAL
OWNER'S POLICY OF TITLE INSURANCE
ONE-TO-FOUR FAMILY RESIDENCES (T-1R)
Issued By: Policy Number:
Fidelity National Title Insurance
Company 1076661900328-01
OWNER'S INFORMATION SHEET
Your Title Insurance Policy is a legal contract Su POliza de Seguro de Titulo es un contrato legal entre usted y
between you and Fidelity National Title Insurance Fidelity National Title Insurance Company. Esta pOliza no es una
Company. This policy is not an opinion or report of opinion o reporte en relaciOn a su titulo de propiedad. Es un
your title. It is a contract of indemnity, meaning a contrato de indemnificaciOn, esto es, la promesa de reembolsarle o
promise to pay you or to take other action if you de tomar cualquier otro tipo de accion si usted sufre una perdida
have a loss resulting from a covered title risk. como resultado de cualquier riesgo cubierto por la pOliza.
It applies only to an improved one to-four family Esta forma de pOliza ha sido designada para ser utilizada
residential property or condominium unit. If your exclusivamente en los casos de propiedades en las cuales hay
land is not either of these, contact us construidas viviendas para no mas de cuatro familias o en los
immediately. casos de unidades en condominios. Si su propiedad no es ninguna
de las anteriores, por favor, notifiquenos inmediatamente.
We insure you against certain risks to your land title. We list these risks on page 3. The following limit your coverage:
Exclusions on page 3.
Exceptions on Schedule B.
Conditions on pages 3 through 5.
You should keep the policy even if you transfer the title to your land. If you want to make a claim, see Section 3 under
Conditions on page 3.
You do not owe any more premiums for the Policy.
This sheet is not your insurance Policy. It is only a brief outline of some of the important Policy features. The Policy
explains in detail your rights and obligations and our rights and obligations. The Policy—and not this sheet— is the legal
document. YOU SHOULD READ THE POLICY VERY CAREFULLY.
THE TOLL-FREE NUMBER OF FIDELITY NATIONAL TITLE INSURANCE COMPANY IS 1-800-442-4303. YOU MAY
CALL THIS NUMBER TO DISCUSS THIS POLICY OR TO MAKE A COMPLAINT. YOU MAY WRITE TO FIDELITY
NATIONAL TITLE INSURANCE COMPANY AT THE ADDRESS IN SECTION 3 UNDER CONDITIONS ON PAGE 3.
FORM T-1 R: Texas Residential Owner's Policy of Title Insurance One-to-Four Family
Residences(01/03/14) TX----SPS-2709743-1-19-1076661900328
FIDELITY NATIONAL TITLE INSURANCE COMPANY POLICY NO.: 1076661900328-01
(continued)
OWNER'S COVERAGE STATEMENT
This Policy insures your title to the land described in Schedule A-if that land is a one-to-four family residential property or condominium unit.
Your insurance, as described in this Coverage Statement, is effective on the Policy Date shown in Schedule A.
This document is title insurance. It is not an opinion or report of your title. It is a contract of indemnity, meaning a promise to pay you or take other
action if you have a loss resulting from a covered title risk.
• Exclusions on page 3.
• Exceptions in Schedule B, page 7.
• Conditions on pages 3 thru 5.
We insure you against actual loss resulting from:
• Any title risks covered by this Policy--up to the Policy Amount, and
• Any costs, attorneys'fees and expenses we have to pay under this Policy.We must approve the attorney before the attorney begins to work.
You have the right to disapprove our choice of attorney for reasonable cause.
COVERED TITLE RISKS
This Policy covers the following title risks subject to the Exceptions (p. 7) and Exclusions (p. 3), if they affect your title to the land on the Policy Date.
We do not promise that there are no covered risks.We do insure you if there are covered title risks.
1. Someone else owns an interest in your title.
2. A document is invalid because of improper signature, acknowledgment, delivery, or recording.
3. A document is invalid because of forgery,fraud,duress, incompetency, incapacity or impersonation.
4. Restrictive covenants apply to your title.
5. There is a lien on your title because of:
• a mortgage or deed of trust,
• a judgment,tax,or special assessment,or
• a charge by a homeowner's or condominium association.
6. There are liens on your title for labor and material which have their inception before the policy date. However,we will not cover liens for labor and
material that you agreed to pay for.
7. Others have rights in your title arising out of leases,contracts or options.
8. Someone else has an easement on your land.
9. You do not have good and indefeasible title.
10. There are other defects in your title.
11. There are other liens or encumbrances on your title.
This Policy also covers the following title risk:
You do not have any legal right of access to and from the land.
OUR DUTY TO DEFEND AGAINST COURT CASES
We will defend your title in the part or parts of a court case involving a Title Risk covered by this Policy. We will pay the costs, attorneys' fees, and
expenses that we incur in that defense. We will not pay for the parts of a case not involving a covered title risk. You may disapprove our choice of
attorney for reasonable cause.
We can end this duty to defend your title by exercising any of our options listed in Item 4 of the Conditions, see page 4.
This Policy is not complete without Schedules A and B.
An authorized party also must countersign this Policy.
Fidelity National Title Insurance Company
By:
Issued By:
Charter Title Company
President
t"` 4040 Attest:
lif2ANPIND-6\120--1 SEAL
Deon Kennebrew Secretary
FORM T-1 R: Texas Residential Owner's Policy of Title Insurance One-to-Four Family
Residences(01/03/14) TX----SPS-2709743-1-19-1076661900328
FIDELITY NATIONAL TITLE INSURANCE COMPANY POLICY NO.: 1076661900328-01
TEXAS RESIDENTIAL
OWNER'S POLICY OF TITLE INSURANCE
ONE-TO-FOUR FAMILY RESIDENCES (T-1R)
SCHEDULE A
Policy Number: 1076661900328-01 GF No.: CH-7666-1076661900328
Policy Date: October 18, 2019 at 10:18 AM
Policy Amount: $4,625,000.00
Premium: $21,271.00
1. Name of Insured:
Jay Ira Steinfeld and Barbara Gene Winthrop
2. We insure your interest in the land covered by this Policy is:
Fee Simple
3. Legal Description of land:
The Lot 6, in Block 12, of WEST UNIVERSITY PLACE, a subdivision in Harris County, Texas, according to
the map or plat thereof, recorded in Volume 444, Page 560 of the Deed Records of Harris County, Texas.
END OF SCHEDULE A
FORM T-1 R: Texas Residential Owner's Policy of Title Insurance One-to-Four Family
Residences(01/03/14) TX----SPS-2709743-1-19-1076661900328
FIDELITY NATIONAL TITLE INSURANCE COMPANY POLICY NO.: 1076661900328-01
SCHEDULE B
EXCEPTIONS
Policy No.: 1076661900328-01 GF No.: CH-7666-1076661900328
We do not cover loss, costs, attorneys' fees and expenses resulting from:
1. The following restrictive covenants of record itemized below (We must either insert specific recording data or
delete this exception):
Restrictive Covenants recorded in Volume 634, Page 658 of the Deed Records of Harris County, Texas; and filed
under Clerk's File No. R741573
Omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion,
sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, or source of
income, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is
permitted by applicable law.
2. Shortages in area.
3. Homestead or community property or survivorship rights, if any, of any spouse of any Insured.
4. Any title or rights asserted by anyone, including, but not limited to, persons, the public, corporations, governments
or other entities,
a. to tidelands, or lands comprising the shores or beds or navigable or perennial rivers and streams, lakes,
bays, gulfs or oceans, or
b. to lands beyond the line of the harbor or bulkhead lines as established or changed by any government, or
c. to filled-in lands, or artificial islands, or
d. to statutory water rights, including riparian rights, or
e. to the area extending from the line of mean low tide to the line of vegetation, or the rights of access to that
area or easement along and across that area.
5. Standby fees, taxes and assessments by any taxing authority for the year 2019, and subsequent years; and
subsequent taxes and assessments by any taxing authority for prior years due to change in land usage or
ownership, but not those taxes or assessments for prior years because of an exemption granted to a previous
owner of the property under Section 11.13, Texas Tax Code, or because of improvements not assessed for a
previous tax year.
6. The following matters and all terms of the documents creating or offering evidence of the matters (We must insert
matters or delete this exception):
a. Vendor's Lien retained in the following Deed securing the payment of one note in the principal amount
shown below:
Dated: October 17, 2019
Grantor: Elizabeth Brooks Wolfe A/K/A Elizabeth Brooke Wolfe, A Single Person,
Individually And As Independent Executrix Of The Estate Of Judson Andrew Wolfe, Deceased
Grantee: Jay Ira Steinfeld and spouse, Barbara Gene Winthrop
Note Amount: $2,125,000.00
Payable to: BNY Mellon, N.A.
Recording Date: October 18, 2019
FORM T-1 R: Texas Residential Owner's Policy of Title Insurance One-to-Four Family
Residences(01/03/14) TX----SPS-2709743-1-19-1076661900328
FIDELITY NATIONAL TITLE INSURANCE COMPANY POLICY NO.: 1076661900328-01
SCHEDULE B
EXCEPTIONS
(continued)
Recording No.: Under Harris County Clerks File No. RP-2019-463162
Additionally secured by Deed of Trust of even date executed by Jay Ira Steinfeld and Barbara Gene
Winthrop therewith as set forth below:
To: Charles H. Newman, Trustee
Loan No.: 2020200651
Recording Date: October 18, 2019
Recording No.: Under Harris County Clerks File No. RP-2019-463163
b. Rights of parties in possession
c. An easement 2 feet in width along the rear property line, as set forth and defined in instrument recorded in
Volume 634, Page 658 of the Deed Records of Harris County, Texas.
d. Building Set Back Line 30 feet in width along the front property line, as set forth and defined in instrument
recorded in Volume 634, Page 658 and Volume 444, Page 560 both of the Deed Records of Harris
County, Texas.
FORM T-1 R: Texas Residential Owner's Policy of Title Insurance One-to-Four Family
Residences(01/03/14) TX----SPS-2709743-1-19-1076661900328
Office File Number Policy Jacket Number Date of Endorsement Amount of Insurance Type Premium Code Rule
1 2 3 4 5 6 9
1076661900328 1076661900328-01 October 18,2019 $4,625,000.00 EN $1,063.55 0897_14 R-29C
ENDORSEMENT - T-19.1 RESTRICTIONS, ENCROACHMENTS,
MINERALS - OWNER'S POLICY
Issued By: Attached to Policy Number:
tirr �, Fidelity National Title Insurance 1076661900328-01
°J` Company
1. The insurance provided by this endorsement is subject to the exclusions in Section 5 of this endorsement; and the
Exclusions from Coverage, the Exceptions from Coverage contained in Schedule B, and the Conditions in the policy.
2. For the purposes of this endorsement only:
a. "Covenant" means a covenant, condition, limitation or restriction in a document or instrument in effect at Date of
Policy.
b. "Improvement" means a building, structure, road, walkway, driveway, or curb, affixed to either the Land or
adjoining land and that by law constitutes real property, but excluding any crops, landscaping, lawn, shrubbery, or
trees.
c. "Private Right" means (i) an option to purchase; (ii) a right of first refusal; or (iii) a right of prior approval of a future
purchaser or occupant.
3. The Company insures against loss or damage sustained by the Insured by reason of:
a. A violation on the Land at Date of Policy of an enforceable Covenant, unless an exception in Schedule B of the
policy identifies the violation;
b. Enforced removal of an Improvement located on the Land at Date of Policy as a result of a violation, at Date of
Policy, of a building setback line shown on a plat of subdivision recorded or filed in the Public Records, unless an
exception in Schedule B of the policy identifies the violation;
c. A notice of a violation, recorded in the Public Records at Date of Policy, of an enforceable Covenant relating to
environmental protection describing any part of the Land and referring to that Covenant, but only to the extent of
the violation of the Covenant referred to in that notice, unless an exception in Schedule B of the policy identifies
the notice of the violation; or
d. Enforcement of a Private Right in a Covenant affecting the Title at Date of Policy based on a transfer of Title on or
before Date of Policy that causes a loss of the Insured's Title.
4. The Company insures against loss or damage sustained by reason of:
a. An encroachment of:
i. an Improvement located on the Land, at Date of Policy, onto adjoining land or onto that portion of the Land
subject to an easement; or
ii. an Improvement located on adjoining land onto the Land at Date of Policy unless an exception in Schedule B
of the policy identifies the encroachment otherwise insured against in Sections 4.a.i. or 4.a.ii.; or
b. A final court order or judgment requiring the removal from any land adjoining the Land of an encroachment
identified in Schedule B; or
c. Damage to an Improvement located on the Land, at Date of Policy that is located on or encroaches onto that
portion of the Land subject to an easement excepted in Schedule B, which damage results from the exercise of
the right to maintain the easement for the purpose for which it was granted or reserved; or
Restrictions,Encroachments,Minerals Endorsement
Texas Form T-19.1 (01/03/14) TX----SPS-2709743-1-19-1076661900328
Attached to Policy No. 1076661900328-01
d. Damage to an Improvement located on the Land on or after Date of Policy, resulting from the future exercise of a
right to use the surface of the Land for the extraction or development of minerals or any other subsurface
substances excepted from the description of the Land or excepted in Schedule B.
5. This endorsement does not insure against loss or damage (and the Company will not pay costs, attorneys' fees, or
expenses) resulting from:
a. any Covenant contained in an instrument creating a lease;
b. any Covenant relating to obligations of any type to perform maintenance, repair, or remediation on the Land;
c. except as provided in Paragraph 3.c, any Covenant relating to environmental protection of any kind or nature,
including hazardous or toxic matters, conditions, or substances;
d. contamination, explosion, fire, fracturing, vibration, earthquake, or subsidence; or
e. negligence by a person or an Entity exercising a right to extract or develop minerals or other subsurface
substances.
This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and
provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of
Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of
this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of
the policy and of any prior endorsements.
Dated: October 18, 2019
Issued By:
Charter Title Company
Deon Kennebrew
Restrictions.Encroachments,Minerals Endorsement
Texas Form T-19.1 (01/03/14) TX----SPS-2709743-1-19-1076661900328
Office File Number Policy Jacket Number Date of Endorsement _ Amount of Insurance Type Premium Code Rule
1 2 3 4 5 6 9
1076661900328 1076661900328-01 October 18,2019 $4,625,000.00 EN $50.00 0801 R-29.1
ENDORSEMENT - T-19.2 MINERALS AND SURFACE DAMAGE
Issued By: Attached to Policy Number:
! - N, Fidelity National Title Insurance 1076661900328-01
` 2 Company
The Company insures the insured against loss which the insured shall sustain by reason of damage to improvements
(excluding lawns, shrubbery, or trees) located on the Land on or after Date of Policy resulting from the future exercise of
any right existing at Date of Policy to use the surface of the Land for the extraction or development of coal, lignite, oil, gas,
or other minerals excepted or excluded on Schedule A, Item 2 or excepted in Schedule B. This endorsement does not
insure against loss resulting from subsidence.
This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and
provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of
Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of
this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all the terms and provisions of the
policy and of any prior endorsements.
Dated: October 18, 2019
Issued By:
Charter Title Company
fit.
Deon Kennebrew
Minerals and Surface Damage Endorsement
Texas Form T-19.2(11/01/09) TX----SPS-2709743-1-19-1076661900328
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 February 27, 2020. The hearing may be
recessed and continued to a ZBA meeting set to begin at 6:30 p.m.on March 26,2020.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: 6402 Vanderbilt St.,Houston,TX 77005
Legal Description: Lot 6,Block 12,West University Place
Docket Number: 2020-0001
Applicant: Jay Steinfeld&Barbara Winthrop
Action Requested: Request a special exception to 1) allow for additional curb
cuts,and 2)authorize a driveway to not end at a garage. Both
exceptions are to Section 7-5a as authorized by notes 5 and 6
Additional Details: The applicant is proposing removing the existing circular driveway and replacing
with a single driveway and curb cut to serve an existing covered guest parking area (porte-cochere). The
existing three car garage will be converted to a covered outdoor area with a new three car garage built on
the property.
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. The application is available on the city's website at
www.westutx.gov. Additional details on such matters, as well as the applicable regulations are also
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 713-662-5830 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: Clay Chew,for the ZBA posted and mailed on or before February 24, 2020.
cchew@westutx.gov 713-662-5830
TOP
WORK
PLACES
3800 University Boulevard I West University Place, TX 77005 I www.westutx.gov
STEINFELD JAY IRA WINTHROP TOTZ ANDREW B&ALBERTA S SALL ANDREW G III & EMMA
BARBARA GENE 6410 VANDERBILT ST 6414 VANDERBILT ST
6402 VANDERBILT ST HOUSTON,TX 77005-3821 HOUSTON,TX 77005-3821
HOUSTON,TX 77005-3821
MANI RAVI &SUDHA RAVISHANKAR KRAJCER ZVONIMIR & MARY BLUM DANIEL E &JENNIFER E
6420 VANDERBILT ST 6428 VANDERBILT ST 6403 VANDERBILT ST
HOUSTON, TX 77005-3821 HOUSTON, TX 77005-3821 HOUSTONX TX 77005-3820
CURRENT OWNER MANJESHWAR SIDDHARTH J &SARA CURRENT OWNER
6411 VANDERBILT ST 6413 VANDERBILT ST 6419 VANDERBILT ST
HOUSTON,TX 77005-3820 HOUSTON,TX 77005-3820 HOUSTON,TX 77005-3820
DEARBORN RYAN L&AMANDA P FISH RICHARD D&PRISCILLA KLAVERS HENDRICK W& ELLEN K
6351 VANDERBILT ST 6349 VANDERBILT ST 6344 VANDERBILT ST
HOUSTON,TX 77005-3415 HOUSTON,TX 77005-3415 HOUSTON,TX 77005-3416
EISEMANN MICHAEL L MICEK GREG J & NANCY J BARR DEBORAH J &CHRISTOPHER R
6354 VANDERBILT ST 6339 BUFFALO SPEEDWAY BARR LIVING TRUST
HOUSTON,TX 77005-3416 HOUSTON, TX 77005-3309 3120 DUKE ST
HOUSTON,TX 77005-3412
FRANK JAMES R&ANNE W ZT GLOBAL INVESTMENTS INC MAIRS HEIDE L
3117 DUKE ST 4265 SAN FELIPE ST STE 1100 6411 BUFFALO SPEEDWAY
HOUSTON, TX 77005-3411 (C/O 6403 BUFFALO SPEEDWAY) HOUSTON, TX 77005-3828
HOUSTON, TX 77027-2998
6415 BUFFALO SPEEDWAY TR HASSELL ROYCE J &SILVA T HASSELL ROYCE J &SILVA T
PO BOX 270742 12807 HAYNES RD BLDG C 12807 HAYNES RD BLDG C
(C/O 6415 BUFFALO SPEEDWAY) (C/O 6417 BUFFALO SPEEDWAY) (C/O 6421 BUFFALO SPEEDWAY)
HOUSTON, TX 77277-0742 HOUSTON, TX 77066-1123 HOUSTON,TX 77066-1123
CURRENT OWNER BRADY JETT R & MARY C WIMMEL JONATHAN SADEGHPOUR
6427 BUFFALO SPEEDWAY 6357 BUFFALO SPEEDWAY ROXANNE
HOUSTON,TX 77005-3828 HOUSTON,TX 77005-3309 3020 DUKE ST
HOUSTON,TX 77005-3410
CHRIST BRYAN WERNER STACEY
3017 DUKE ST
HOUSTON, TX 77005-3409
Josie Hayes
To: Clay Chew
Subject: RE: City of West University Place - Zoning Board of Adjustment - 6402 Vanderbilt
variance request
To: Zoning Board of Adjustment- City of West University Place
As next door neighbors to 6402 Vanderbilt, we are hopeful that the Variance Request being made on behalf of
Jay Steinfeld and Barbara Winthrop, the new owners of the property, will be approved.
We feel that the proposal will be an improvement both to the house itself by creating more landscape, and more
land to absorb water during heavy rains. Additionally, the proposed changes would add to the safety of our
neighborhood. Currently, the east curb cut driveway portion is very close to the corner of Vanderbilt and Duke
Street. We have experienced this as being dangerous when we have exited from this portion ofthe
driveway. Our youngest daughter was very close with one of the children of the previous neighbors. When we
had to exit on this end of the driveway it felt unsafe.
Please do not hesitate to call us or email if you have further questions or concerns.
Sincerely,
Alberta and Andrew Totz
6410 Vanderbilt Street
i