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HomeMy WebLinkAbout11192020 ZBA Agenda Item 2 City of West University Place To: Zoning Board of Adjustments From: Clay Chew,Building Official Date: November 19,2020 Re: Staff Report for Docket 2020-0015,2739 Talbott St. Applicant's Request Applicant is requesting a variance to allow a second gas meter for a back-up generator and pool heater at 2739 Talbott Street. Background Information The second meter would be denied due to the Zoning Ordinance only allowing one on a single family detached building site. Appendix A, Article 2, Section 2-102 Certain Terms, Single-detached use. (2) There is no multiple utility service on the building site. Variance Request Applicant is requesting a variance to install a second gas meter for a back-up generator. (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. 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? 1i ,t165 T tiN6.. 04 �. a 72. City of West University Place APPLICATION TO THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS ("CITY") rE XAS Address of site: a.-739 T,k t6rr .t. �1o�54 �x .7-i.00 S J J Legal description of the site: Lo' "E tevv .‘ (ii) 1366-c. Stl C 6) ge.1‘e..C -t., Volum"-e, 115.R -0.w+►ekPce65 e. 49g!• ►wwts ►.aRtecons �l .• •.'N�rS�e�Ceosuru.Applicant: coa,tC %),;, Kcvs tT-x V 007 � 41.S Address: Sav►.e.Contact: t Phone: t�i.s. j0 R:n -zstr Fax: Ail A. Email: Decision or Action Requested(check one or more and provide requested data): ve.�ce�vsv" Come4 +`^c‘ sT ( ) 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? delay below: Note: Appeals must be filed within a reasonable time. Please explain any • 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: env xitki •4st.i S ; 04 Variance. • Exact zoning ordinance section from which a variance is requested: -{o Ce�`��� Ce��s 51 J use, Ca) �TGtrG 'lS • Exact wording of variance requested: AAA. Seco ham„ ` ho witAl{z.le. v�• • �j scmv�c,� '� Qty t�+°C�� ' o.\C�. Stav►C l c . e.v.4... t, c..eM Vo.r. �,. c Pool t+e16ew ok`�1 bu:l���J 5;�� . Other Data. Are there drawings or other data? ( )No NYes(list items here and attach them) (. 4 wvkt- s 3 S y. O r tr :41t, Pd -c7 Attached. The applicant has read tlie State and City regulations attached. ou j ' Signature of applicant: Date: LO l acs1 v a. For Staff Use only Date filed:\ 7, � 11 (J Date heard: \\ I � ) 'n7 ) Docket#:2 C U l Form ZBA-702 ��1 Owners' Statement to the Zoning Board of Adjustment,West University Place,Texas October 26,2020 Regarding Zoning Variance Requested for 2739 Talbott Street. We recently returned to West University Place after having lived here from 1980 to 1997 and are happy to be back. Given our ages, this will likely be our last single family home and we would like to make it as good as it can be. Having lost electricity for weeks in Tropical Storm Allison and Hurricane Ike, we would like to install an emergency generator. Having built and enjoyed a small "cocktail" pool/spa in our last house that we used year-round,we would also like to build a tiny heated pool. We have or intend to submit permit requests for both the generator and the pool projects. Our house on Talbott was reportedly built as a"spec"house approximately two decades ago. The gas meter was inexplicably built on the northwest front corner of the house,as far away as one could possibly be from the garage, electric meter, phone/cable services, and CenterPoint main gas line, which runs along the southern back boundary. As the attached diagram shows, this necessitated the gas company to build a supply line approximately 100' long from the southwest corner of the lot to the northwest corner of the house. We now wish to add the pool heater and the emergency generator, both of which are high capacity utilizers of natural gas, which will necessitate an upgraded meter and large line. As the attached architectural rendering shows, the pool heater and emergency generator will be located with other utilities along the southern border of the lot, in the case, the southeast corner of the lot, as far away from the existing gas meter as they could possibly be. If limited to a single meter,then a new gas line of large diameter must be installed from the existing meter to the pool heater and emergency generator, which will span approximately 130 feet, much of the way traveling south from the existing meter and paralleling the CenterPoint supply line traveling north to the existing meter. This seems to be a waste. The alternative we are proposing is to install a meter along the garage, a reasonable distance from the CenterPoint main gas line and the pool heater and emergency generator that it will serve. See the attached architectural rendering. Needless to say, we will comply with all regulations regarding distances to be observed between the gas meter, appliances, the electrical meter, other structures, and easements. We believe this variance request is similar to two requests for second gas meters--Docket 2020-0008(July) and 2020-0003 (April) -- both of which involved meters that were unfortunately placed years ago far away from the normal utility area at or near the garage. The Zoning Board approved both of these variances and we respectfully request, that the Board do likewise in this case. you for our att ti to this matter. We appreciate your service to our City. Lawrence Foust, Co-Trustee Foust-Wagener 2007 Trust Agreement, as amended from time to time C sting Wagener, Co- ee Foust-Wagener 2007 T . greement, as amended from time to time ye Lt... . , •.,-,r. ; ,,2•,.•:. r:...,:•40412,:::-":•i.-..•,':::'....."...-•ti.'.-1,til:V-:::. Cr 1.'•js'•'''''''':k;.5,-....".4.-.. 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N 6-*. •. © a0 11144, • kl -: - %WEST. 50.00`-,:-SIDEWALK.-. FND 5/8'LR. c= • • FlY�B'I.A.• 4r.1SET 1/2'LR. 50.00' `n CAP C ' LOT I I / iv li Iri A 0 al W rte' ® COVERED ETE W •2 4 Aa 38.3 _ • '•B' W I~/J 0 O �J r' O C r $ TWO STORY M U.° O BFRAME - Tr 7 RESIDENCE _r`; a g r yy 0 0, i r i Z Lor 12 0 P LOT 13 1 .. BRIO CKK m 111 O f i -;:: 0 i� > �r 'Si1 "•0'STRING UNE .,MICaCA -B, LOCATION 0 FRAME 1 ::: Chicago Title of Texas, LLC 3700 Buffalo Speedway,Suite 1100 Houston,TX 77098 Phone(713)418-7000*Fax(713)418-7001 Lawrence L Foust and Christine E. Wagener, Co-Trustees of the Date: September 16, 2019 Foust-Wagener 2007 Trust Agreement u/t/a dated September 12, GF#: CTH-IL-CTT19705927 2007, as completely amended and restated on January 20, 2017, Property Address: and as may be further amended thereafter. 2739 Talbott Street 2739 Talbott Street Houston, TX 77005 Houston, TX 77005 Dear Lawrence L Foust and Christine E. Wagener, Co-Trustees of the Foust-Wagener 2007 Trust Agreement u/t/a dated September 12, 2007, as completely amended and restated on January 20, 2017, and as may be further amended thereafter.: 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. Chicago Title of Texas, LLC OWNER'S POLICY COVER SHEET TXFNFESC Letter(OWnerPolicyCoverSheet)(11-07) TEXAS RESIDENTIAL OWNER'S POLICY OF TITLE INSURANCE ONE-TO-FOUR FAMILY RESIDENCES (T-1 R) Issued By: Policy Number: Chicago Title Insurance Company CTT19705927-01 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 Chicago Title Insurance Chicago Title Insurance Company. Esta poliza no es una opinion o Company. This policy is not an opinion or report of reporte en relaciOn a su titulo de propiedad. Es un contrato de your title. It is a contract of indemnity, meaning a indemnificaciOn, esto es, la promesa de reembolsarle o de tomar promise to pay you or to take other action if you cualquier otro tipo de accion si usted sufre una perdida como have a loss resulting from a covered title risk. 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 más 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 CHICAGO 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 CHICAGO 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-CT-FOH0-03305.532015-SPS-7209743-1-19-CTT19705927 CHICAGO TITLE INSURANCE COMPANY POLICY NO.: CTT19705927-01 (continued) TABLE OF CONTENTS Page OWNER'S COVERAGE STATEMENT 2 COVERED TITLE RISKS 2 OUR DUTY TO DEFEND AGAINST COURT CASES 2 SCHEDULE A 6 POLICY NUMBER, DATE AND AMOUNT 6 1. Name of Insured 6 2. Interest in Land Covered 6 3. Description of the Land 6 SCHEDULE B—EXCEPTIONS 7 EXCLUSIONS 3 CONDITIONS 3-5 1. Definitions 3 2. Continuation of Coverage 3 3. Your Duties if You Make a Claim 3 4. Our Choices When You Notify Us of a Claim 4 5. Handling a Claim or Court Case 4 6. Limitation of Our Liability 4 7. Transfer of Your Rights 5 8. Arbitration 5 9. Entire Contract Provision 5 FORM T-1 R: Texas Residential Owner's Policy of Title Insurance One-to-Four Family TX-CT-FOHO 03305.532015 SPS-7209743 1-19 CTT19705927 Residences(01/03/14) CHICAGO TITLE INSURANCE COMPANY POLICY NO.: CTT19705927-01 (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. Chicago Title Insurance Company By: Issued By: Chicago Title of Texas, LLC President EMSUI�gN Attest: ���yyPp�cF . 1..,<FL. O�V F 1 q Q I c." SEAL.:y tl 01e Kimberly Siegel Secretary FORM T-1 R: Texas Residential Owner's Policy of Title Insurance One-to-Four Family Residences(01/03/14) TX-CT-FOHO-03305.532015-SPS-7209743-1-19-CTT19705927 IMPORTANT NOTICE AVISO IMPORTANTE To obtain information or make a complaint: Para obtener informacion o para presentar una queja: You may call Chicago Title Insurance Company's Usted puede Ilamar al Humero de telefono gratuito toll-free telephone number for information or to de Chicago Title Insurance Company's para make a complaint at: obtener informacion o para presentar una queja al: 1-877-862-9111 1-877-862-9111 You may contact the Texas Department of Usted puede comunicarse con el Departamento de Insurance to obtain information on companies, Seguros de Texas para obtener informacion sobre coverages, rights, or complaints at: companias, coberturas, derechos,o quejas al: 1-800-252-3439 1-800-252-3439 You may write the Texas Department of Usted puede escribir al Departamento de Seguros Insurance: de Texas a: P.O. Box 149104 P.O. Box 149104 Austin, TX 78714-9104 Austin, TX 78714-9104 Fax: (512)490-1007 Fax: (512)490-1007 Web: www.tdi.texas.00v Sitio web: www.tdi.texas.gov E-mail: ConsumerProtection(a�tdi.texas.00v E-mail: ConsumerProtectione,tdi.texas.gov PREMIUM OR CLAIM DISPUTES: DISPUTAS POR PRIMAS DE SEGUROS 0 Should you have a dispute concerning your RECLAMACIONES: premium or about a claim you should contact Si tiene una disputa relacionada con su prima de the company first. If the dispute is not seguro o con una reclamaciOn, usted debe resolved, you may contact the Texas comunicarse con la compania primero. Si la Department of Insurance. disputa no es resuelta, usted puede comunicarse con el Departamento de Seguros de Texas. ATTACH THIS NOTICE TO YOUR POLICY: ADJUNTE ESTE AVISO A SU POLIZA: This notice is for information only and does not Este aviso es solamente para propositos become a part or condition of the attached informativos y no se convierte en parte o en document. condiciOn del documento adjunto. Texas Form B-0023-07 Important Notice(06/01/15) CHICAGO TITLE INSURANCE COMPANY POLICY NO.: CTT19705927-01 TEXAS RESIDENTIAL OWNER'S POLICY OF TITLE INSURANCE ONE-TO-FOUR FAMILY RESIDENCES (T-1 R) SCHEDULE A Policy Number: CTT19705927-01 GF No.: CTH-IL-CTT19705927 Policy Date: May 13, 2019 at 12:54 PM Policy Amount: $1,599,000.00 Premium: $8,592.00 1. Name of Insured: Lawrence L Foust and Christine E.Wagener, Co-Trustees of the Foust-Wagener 2007 Trust Agreement u/t/a dated September 12, 2007, as completely amended and restated on January 20, 2017, and as may be further amended thereafter. 2. We insure your interest in the land covered by this Policy is: Fee Simple 3. Legal Description of land: Lot Eleven (11) in Block Six(6) 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. END OF SCHEDULE A FORM TAR: Texas Residential Owner's Policy of Title Insurance One-to-Four Family Residences(01/03/14) TX-CT-FO HO-03305.532015-SPS-7209743-1-19-CTT19705927 CHICAGO TITLE INSURANCE COMPANY POLICY NO.: CTT19705927-01 SCHEDULE B EXCEPTIONS Policy No.: CTT19705927-01 GF No.: CTH-IL-CTT19705927 We do not cover loss, costs, attorneys'fees and expenses resulting from: 1. Item 1, Schedule B is hereby deleted. 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. Rights of parties in possession. b. Any and all unrecorded easements claimed, asserted or used by or through the City of West University Place, or any utility company by agreement with or permission of the City of West University Place. c. Sanitary and Storm sewer easements of undetermined width, as shown and set out by the public works maps of West University Place. d. Terms and provisions of that certain Boundary Agreement dated January 22, 1998, filed for record February 6, 1998, under Harris County Clerk's File No. S-850144. e. Terms, conditions and stipulations contained in Ordinance No. 1204 establishing building set back lines, a copy of which is filed for record under Harris County Clerk's File No. R741573. FORM T-1 R: Texas Residential Owner's Policy of Title Insurance One-to-Four Family TX-CT-FOND 03305.532015 SPS-7209743 1-19 CTT19705927 Residences(01103/14) CHICAGO TITLE INSURANCE COMPANY POLICY NO.: CTT19705927-01 SCHEDULE B EXCEPTIONS (continued) FORM T-1 R: Texas Residential Owner's Policy of Title Insurance One-to-Four Family Residences(01/03/14) TX-CT-FOHO-03305.532015-SPS-7209743-1-19-CTT19705927 CHICAGO TITLE INSURANCE COMPANY POLICY NO.: CTT19705927-01 EXCLUSIONS In addition to the Exception in Schedule B,we do not insure you against loss,costs,attorneys'fees,and expenses resulting from these Exclusions: 1. We do not cover loss caused by the exercise of governmental police power or the enforcement or violation of any law or government regulation. This includes building and zoning ordinances and laws and regulations concerning: a. Land use b. Improvements on the land c. Land division d. Environmental protection This exclusion does not apply to notices of violations or notices of enforcement that appear in the public records at Policy Date. However, there may be an Exception in Schedule B. 2. We do not cover the right to take the land by condemning it,unless: a. a notice of exercise of the right appears in the public records on the Policy Date,or b. the taking happened before the Policy Date and is binding on you if you bought the land without knowing of the taking. 3. We do not cover title risks: a. that are created,allowed,or agreed to by you, b. that are known to you,but not to us on the Policy Date unless they appeared in the public records, c. that result in no loss to you,or d. that first affect your title after the Policy Date—this does not limit the labor and material lien coverage in item 6 of the Covered Title Risks. 4. We do not cover the effect of failure to pay value for your title. 5. We do not cover lack of a right: a. to any land outside the area specifically described and referred to in item 3 of Schedule A. b. in streets,alleys,or waterways that touch your land. This exclusion does not limit the access coverage in the Covered Title Risks. 6. We do not cover any claim based upon allegations that your purchase of title(or acquisition of title by gift or otherwise): a. was a fraudulent conveyance,fraudulent transfer,voidable distribution,or voidable dividend; b. should be subordinated or recharacterized as a result of equitable subordination; c. was a preferential transfer unless (1) the Company or its issuing agent failed to timely file for record the deed to you after delivery or (2) the recordation of the deed to you is not legal record notice. (We do cover the two types of claims described in c.(1)and c.(2)above.) 7. We do not cover the refusal of any person to buy,lease or lend money on your land because of unmarketability of the title. 8. We do not cover claims concerning the physical condition of your land or of the access to your land. CONDITIONS 1. DEFINITIONS a. Actual Loss.This is the difference between the value of your land without the covered title risk and the value of your land with the covered title risk.These values are the respective values at the time you must furnish proof of your loss. b. Document.A deed or other conveyance of title to you or a prior owner. c. Easement.A portion of your land someone else has the right to use for a special purpose. d. Government Regulation.Any federal,state,or local law,constitutional provision,regulation,ordinance,or guideline. e. Land.The land or condominium unit described in Schedule A and any improvements on the land that are real property. f. Knowledge or known.Actual knowledge,not constructive knowledge or notice that may be imputed to an insured by the public records. g. Mortgage.A type of lien on the land such as a deed of trust or other security instrument. h. Public Records.Those records required by Texas law and maintained by public officials in the county where the property is located that give legal notice of matters affecting your title. i. Title.The ownership interest in the land,as shown in Schedule A. j. We,us or our.The title insurance company.This is Chicago Title Insurance Company. k. You,your.The insured. 2. CONTINUATION OF COVERAGE We insure you as long as you: a. own your Title, b. own a mortgage from anyone who buys your Title,or c. are liable for any Title warranties you make. We insure your transferee or assignee only as follows: a. a person who inherits the original named insured's title on the original named insured's death; b. the original named insured's spouse who receives title in a dissolution of marriage with the original named insured; c. the trustee or successor of a trust established by the original named insured to whom the original named insured transfers title after the date of policy;or FORM T-1 R: Texas Residential Owner's Policy of Title Insurance One-to-Four Family TX-CT-FOHO 03305.532015 SPS-7209743 1-19 CTT19705927 Residences(01103114) CHICAGO TITLE INSURANCE COMPANY POLICY NO.: CTT19705927-01 (continued) d. the beneficiaries of a trust described by Subdivision(c)on the death of the original named insured. 3. YOUR DUTIES IF YOU MAKE A CLAIM You must follow this process to make a claim: a. You Must Give Us Notice Of Your Claim. If anyone claims a right against your insured title,you must notify us promptly. Send the notice to National Claims Administration, P.O. Box 45023, Jacksonville, FL 32232-5023 or call 1-877-862-9111and ask for a claims attorney. If you initially notify us by phone,we recommend that you also notify us in wilting. Please include the Policy number shown in Schedule A,and the county where the land is. Our obligation to you is reduced or ended if: (1) you fail to give prompt notice,and (2) your failure affects our ability to dispose of or to defend you against the claim. Our obligation is reduced only to the extent that your failure affects our ability to dispose of or to defend you against the claim. b. You Must Give Us Proof of Your Loss if We Request It. You must send to us,if we request,your signed proof of loss within 91 days of our request on a standard form supplied by us.Within 15 days after we receive your notice of claim,we must request a signed proof of loss. If not,we waive outright to require a proof of loss.This waiver will not waive our other rights under the policy.The statement must have the following information to the best of your knowledge: (1) the Covered Title Risks which resulted in your loss, (2) the dollar amount of your loss,and (3) the method you used to compute the amount of your loss. c. You Must Provide Papers We Request. We may require you to show us your records, checks, letters, contracts, and other papers that relate to your claim of loss.We may make copies of these papers. If you tell us this information is confidential,we will not disclose it to anyone else unless we reasonably believe the disclosure is necessary to administer the claim. d. You Must Answer Questions Under Oath. We may require you to answer questions under oath. e. Effect of Failure to Cooperate. Our obligation to you reduces or ends if you fail or refuse to: (1) (a) provide a statement of loss, (b) answer our questions under oath,or (c) show us the papers we request,and (2) your failure or refusal affects our ability to dispose of or to defend you against the claim. 4. OUR CHOICES WHEN YOU NOTIFY US OF A CLAIM a. After we receive your claim notice or in any other way learn of a matter for which we are liable,we can do one or more of the following: (1) Pay the claim against your title. (2) Negotiate a settlement. (3) Prosecute or defend a court case related to the claim. (4) Pay you the amount required by this Policy. (5) Take other action under Section 4b. (6) Cancel this policy by paying the Policy Amount, then in force, and only those costs, attorneys'fees and expenses incurred up to that time that we are obligated to pay. We can choose which of these to do. b. If you report to us that a covered title risk exists,we will promptly investigate to determine if that covered title risk is valid and not barred by law or statute.A covered title risk is a title risk that this Policy does not exclude or except. If we conclude that your claim, or any part of your claim, is covered by the policy,we will take one or more of the following actions to the extent that it is covered: (1) Institute all necessary legal proceedings to clear the title to the property; (2) Indemnify you pursuant to the terms of the policy; (3) Issue a new title policy without making exception to the covered title risk.If another insurer issues the new title policy to your purchaser, lender or other transferee without making exception to the covered title risk,we will indemnify the other insurer. (4) Secure a release of the covered title risk. c. If we deny your claim,or any part of your claim,not more than 15 days after we deny the claim,we will: (1) notify you in writing,and (2) give you the reasons for denial of your claim in writing. 5. HANDLING A CLAIM OR COURT CASE You must cooperate with us in handling any claim or court case and give us all relevant information. We must repay you only for those settlement costs,attorneys'fees and expenses that we approve in advance. FORM T-1 R: Texas Residential Owner's Policy of Title Insurance One-to-Four Family Residences(01/03/14) TX-CT-FOHO-03305.532015-SPS-7209743-1-19-CTT19705927 CHICAGO TITLE INSURANCE COMPANY POLICY NO.: CTT19705927-01 (continued) When we defend or sue to clear your title, we have a right to choose the attorney. You have the right to disapprove our choice of attorney for reasonable cause.We can appeal any decision to the highest court.We do not have to pay your claim until your case is finally decided.We do not agree that the matter is a covered title risk by defending. 6. LIMITATIONS OF OUR LIABILITY Our liability is limited by the following: a. We will pay up to your actual loss or the Policy Amount in force when the claim is made—whichever is less. b. If we remove the claim against your title with reasonable diligence or take other action under this policy after receiving notice of it, we will have no further liability for it. c. All payments we make under this policy—except for costs,attorneys'fees and expenses—will be subtracted from your Policy Amount. d. If the Covered Title Risk is an easement,we may pay an insured mortgage holder instead of paying you when a written agreement between you and the mortgage holder allows.If the claim involves another Covered Title Risk,we may pay the mortgage holder instead of paying you. The amount paid to the mortgage holder is considered a payment to you under your policy and will be subtracted from your policy amount. e. If you do anything to affect any right of recovery or defense you may have,we can subtract from our liability the amount by which you reduced the value of that right or defense. But we must add back to our liability any amount by which our expenses are reduced as a result of your action. 7. TRANSFER OF YOUR RIGHTS When we settle a claim,we have all the rights you had against any person or property related to the claim. You must transfer these rights to us when we ask,and you must not do anything to affect these rights.You must let us use your name in enforcing these rights We will not be liable to you if we do not pursue these rights or if we do not recover any amount that might be recoverable. With the money we recover from enforcing these rights,we will pay whatever part of your loss we have not paid.We have a right to keep what is left. 8. ARBITRATION If it is permitted under Texas or federal law,you and we may agree to arbitration when you file a claim. The arbitration may decide any matter in dispute between you and us. Arbitration is one means of alternative dispute resolution. It may lessen the time and cost of claims settlement.You may wish to consider another form of mediation or use the court system.If you choose arbitration,you may give up some discovery rights and your right to sue. The arbitration award may: a. include attorneys'fees if allowed by state law,and/or b. be entered as a judgment in the proper court. The arbitration shall be under the Title Insurance Arbitration Rules of the American Arbitration Association. You may choose current Rules or Rules in existence on Policy Date. The law used in the arbitration is the law of the place where the property is located. You can get a copy of the Rules from us. 9. ENTIRE CONTRACT PROVISION This policy and any endorsements we attach are the entire contract between you and us. Any claim you make against us must be under this Policy and is subject to its terms. FORM T-1 R: Texas Residential Owner's Policy of Title Insurance One-to-Four Family Residences(01/03114) TX-CT-FOHO-03305.532015-SPS-7209743-1-19•CTT19705927 The City of«'est University Place . 1 .\eighlx)rh(x)d(,in NOTICE OF ZONING BOARD OF ADJUSTMENT HEARING Notice is hereby given of a regular meeting of the Zoning Board of Adjustments to be held via teleconference set to begin at 6:30 p.m.on Thursday,November 19..2020.The hearing may be recessed and continued to a ZBA meeting set to begin at 6:30 p.m.on Thursday,December 17,2020. Due to the COVID 19 Disaster and CDC'S recommendation regarding social distancing measures, the public will not be allowed to by physically present at this meeting. Zoning Board of Adjustments will be meeting via teleconference and will be audible to members of the public and allow for two-way communications for those desiring to participate. The information to join the meeting will be posted at a later date online. Address of the site: 2739 Talbott St.,Houston,TX 77005 Legal Description: LT 11,BLK 6,BELLE COURT,Harris County,Texas Docket Number: 2020-0015 Applicant: Lawrence Foust and Christine Wagener Action Requested: Request a variance to install a second gas meter for a back-up generator and pool heater at 2739 Talbott St. Additional Details: The applicant is proposing to install a backup generator and is requesting a variance to install a second gas meter for a back-up generator and pool heater.The second meter was denied due to the Zoning Ordinance only allowing one on a single family detached building site. Appendix A, Article 2, Section 2-102 Certain Terms, Single-detached use. A use of a building site which meets all of the following criteria; (2)There is no multiple utility service on the building site. 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 Chief Building Official 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 November 9,2020. cchew@westutx.gov 713-662-5830 111 3800 University Boulevard I West University Place, TX 77005 I www.westutx.gov WAGNER CHRISTINE & LAWRENCE WORLEY JOAN E HARDY LAWRENCE F & SUZANNE R %THE FOUST-WAGNER 2007 TRUST 2735 TALBOTT ST 2731 TALBOTT ST 2739 TALBOTT HOUSTON TX 77005-3951 HOUSTON TX 77005-3951 HOUSTON TX 77005-3951 FIELDS JOHN A DREYFUS DEBRA MEYER LOU TAWEI &SHIN YACHEN T 2727 TALBOTT ST 2725 TALBOTT ST 2719 TALBOTT ST HOUSTON TX 77005-3951 HOUSTON TX 77005-3951 HOUSTON TX 77005-3951 DEGHETTO SCOTT CRANE JOHN S & REBECCA F DROUBI DANNY& LAUREN P 2718 TALBOTT ST 2722 TALBOTT ST 2728 TALBOTT ST HOUSTON TX 77005-3952 HOUSTON TX 77005-3952 HOUSTON TX 77005-3952 LOVER EVELYNE M & GERARD YOU VI QIAN ATHON BRYAN & LAUREN 2730 TALBOTT ST 2736 TALBOTT ST 2738 TALBOTT ST HOUSTON TX 77005-3952 HOUSTON TX 77005 HOUSTON TX 77005-3952 WEISS RICHARD & LUCILLE DUGAN HEIDI A HEATHCOTT B EDWARD & RENEE 2737 ARBUCKLE ST 2735 ARBUCKLE ST HEATHCOTT FAMILY LIVING TRUST HOUSTON TX 77005-3931 HOUSTON TX 77005-3931 2729 ARBUCKLE ST HOUSTON TX 77005-3931 SAMUELS BARRY I &CAROLE HUNT ROBERT WILEY JR& LAUREN HALL NANCY M 2725 ARBUCKLE ST FRITZ 2740 CASON ST HOUSTON TX 77005-3931 2721 ARBUCKLE ST HOUSTON TX 77005-3936 HOUSTON TX 77005-3931 EHRHARDT MARY CHRISTINE CORNELIUS RALPH P & LAURA RIVERS JOSE MAURICIO & LUZ 2736 CASON ST 2732 CASON ST 2726 CASON ST HOUSTON TX 77005-3936 HOUSTON TX 77005-3936 HOUSTON TX 77005-3936 PICOLI ANDREW WILLIAM & LAKSHMI ADZGERY RONALD W& KRISTIN BUETTGEN PETER W & KIMBERLY A 2724 CASON ST 2715 CASON ST 6647 BROMPTON RD HOUSTON TX 77005-3936 HOUSTON TX 77005-3936 HOUSTON TX 77005-3905 JANZEN NICOLETTE K& MCKAY JAMES WAITS WILLIAM P WAITS WILLIAM P 6644 WAKEFOREST AVE 6636 WAKEFOREST AVE 6634 WAKEFOREST AVE HOUSTON TX 77005-3956 HOUSTON TX 77005-3956 HOUSTON TX 77005-3956 CLAWATER DAVID WAYNE M/M ALEXANDER J YASMIN YASMIN GIUFFRE DEAN & CATHERINE 6630 WAKEFOREST AVE 6624 WAKEFOREST AVE 6620 WAKEFOREST AVE HOUSTON TX 77005-3956 HOUSTON TX 77005-3956 HOUSTON TX 77005 MINTZ JOSHUA M & EMILY M SNYPES WILLIAM T& SUTER SUZANNE HOTTE MICHELLE 6614 WAKEFOREST AVE 6610 WAKEFOREST AVE 2803 CARNEGIE ST HOUSTON TX 77005-3956 HOUSTON TX 77005-3956 HOUSTON TX 77005-3909 LEE EUGENE E & BRIDGITTE S SPANOS POL& OLYMPIA KROLL PATTI K 2807 CARNEGIE ST 2815 CARNEGIE ST 6611 BROMPTON RD HOUSTON TX 77005-3909 HOUSTON TX 77005-3909 HOUSTON TX 77005-3905 MONAHAN RITA ALI ASIF & NISHATH A BELL DEMARCO J 6615 BROMPTON RD 6619 BOMPTON RD 6623 BROMPTON RD HOUSTON TX 77005-3905 HOUSTON TX 77005-3905 HOUSTON TX 77005-3905 KORNFIELD JOANNA L EPPERSON DAVID R & KARLA E CALDER ANDREW& BUCKMAN ANNE 6625 BROMPTON RD 6629 BROMPTON RD 6639 BROMPTON RD HOUSTON TX 77005-3905 HOUSTON TX 77005-3905 HOUSTON TX 77005-3905 ELWOOD JOHN F & LORI CURRENT OWNER CURRENT OWNER 2737 CASON ST 2733 CASON ST 2729 CASON ST HOUSTON TX 77005-3935 HOUSTON TX 77005-3935 HOUSTON TX 77005-3935 COOPER CHARLES R&TONI H ALTENAU MATTHEW M &CHRISTINA W 32725 CASON ST 2721 CASON ST HOUSTON TX 77005-3935 HOUSTON TX 77005-3935