HomeMy WebLinkAbout01282021 ZBA Agenda Item 2 City of
West University
Place
To: Zoning Board of Adjustments
From: Clay Chew,Building Official
Date: January 28,2021
Re: Staff Report for Docket 2020-0019,3933 Southwestern St.
Applicant's Request
Applicant is requesting a variance to allow a second gas meter for a back-up generator at 3933
Southwestern 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. The
City's Urban Forester has visited the site and verified the gas line could be routed through the
front yard to the proposed location of the generator. All trenching and digging in the City must
be done by hand so there would not be any adverse effect on tree roots.
(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?
Staff Recommendation
Deny the variance request
OE,� 5 T UNj4gS
City of West University Place
APPLICATION TO THE ZONING BOARD OF ADJUSTMENT OF THE
CITY OF WEST UNIVERSITY PLACE, TEXAS ("CITY")
Address of site: 3933 Southwestern St.
Legal description of the site: LT 1 BLK 5 COLLEGEVIEW SEC 1
Applicant: Candy Riley
Address: 3933 Southwestern St.
Contact: Phone: 832-722-3453 Fax: Email:candysriley@gmail.
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:
( ) Special Exception.
• Exact zoning ordinance section that authorizes the special exception:
• Exact wording of special exception requested:
(x)Variance. Appendix A, Article 2, Section 2-102 Certain terms.
• Exact zoning ordinance section from which a variance is requested: Single detached use. A use of a building site which
meets all of the following criteria; (2)There shall be
• Exact wording of variance requested: no multiple utility service on the building site.
Add new natural gas meter and service for emergency power generator.
Other Data. Are there drawings or other data? ( )No (X)Yes(list items here and attach them)
-Survey showing proposed new meter location.
Attached. The applicant has read the State and City regulations attached.
Signature of applicant: Date: 1/5/21
For Staff Use only Date filed: I 1 (p 12( Date heard: t frZ V Zi( Docket#: 2-Cf — CC0(
Form ZBA-102
January 5th, 2021
Request for Variance to Appendix A,
Article 2, Section 2-202
To Whom it May Concern —
I am writing to file an official request to Appendix A, Article 2, Section 2-202 of the
Zoning Ordinance for the City of West University Place on the grounds that not having an
emergency backup generator would create an unnecessary hardship to me. Generators of
Houston, having over 15 years of experience installing emergency backup generators for
residential applications, has advised that a new gas meter would be necessary in order to install
a backup generator at my home at a reasonable cost, while still maintaining all of the setbacks
that are required in your ordinances regarding generator placement. If my request for a new
gas meter is denied, this would disqualify me from getting a generator at my home, thereby
putting me in a vulnerable position when it comes to unexpected power outages, especially
when hurricane season comes back around. I thank you for taking the time to review my
request. Please let me know if you have any questions or concerns about the variance being
requested.
Sincerely,
Candy S. Riley
3933 Southwestern St.
Houston, Tx 77005
RP-2020-276480
06/25/2020 ER $22.00
RELEASE OF LIEN
Date: Effective February 28, 2020
Date of Note: December 13, 2012
Original Amount: Six Hundred One Thousand Five Hundred
and No/100 Dollars ($601,500.00)
Maker: Candy S. Riley
Payee: Carl A. Davis
Date of Maturity: December 1, 2043
Holder of Note and Lien: Carl A. Davis
Holder's Mailing Address: 8822 Stable Crest Boulevard
Houston, Harris County, Texas 77024
Note and Lien are Described in the Following Document, Recorded in:
Deed of Trust dated December 13, 2012 from Candy S. Riley to
William T. Powell, Trustee, recorded in County Clerk's File
No. 20120593837 of the Official Public Records of Harris County,
Texas.
Property (including any improvements) Subject to Lien:
Lot One (1), in Block Five (5), of COLLEGE VIEW, an addition in Harris
County, Texas, according to the map or plat thereof, recorded in Volume
6, Page 44 of the Map Records of Harris County, Texas, commonly
described as Southwestern Street, Harris County, Houston, Texas 77005.
Holder of the note acknowledges its satisfaction in full and releases the property from
the lien, and any and all other liens and security interests securing the Note. When the
context requires, singular nouns and pronouns include the plural.
HOLDER-
dII
(1--1
C-r A. Davis
017243-001_1650616-1
RP-2020-275480
# Pages 3
06/25/2020 11:57 AM
e-Filed & e-Recorded in the
Official Public Records of
HARRIS COUNTY
CHRIS HOLLINS
COUNTY CLERK
Fees $22.00
RECORDERS MEMORANDUM
This instrument was received and recorded electronically
and any blackouts, additions or changes were present
at the time the instrument was filed and recorded.
Any provision herein which restricts the sale, rental, or
use of the described real property because of color or
race is invalid and unenforceable under federal law.
THE STATE Or TEXAS
COUNTY OF HARRIS
I hereby certify that this instrument was FILED in
File Number Sequence on the date and at the time stamped
hereon by me; and was duly RECORDED in the Official
Public Records of Real Property of Harris County, Texas.
-.am
C�y- _ 41
y' '• v COUNTY CLERK
aj * SIT' HARMS COUNTY.TEXAS
STATE OF TEXAS §
COUNTY OF HARRIS §
is instrument was acknowledged before me on the C3?5* day of
, 2020 by Cad A. Davi
, .
1 / C1144
Notary Public, State of Texas
DIANA CASIAS
Notary ID#8399529
My Commission Expires
• l'z.0 F'1.. May 05,2021
017243-001_1650616-1
20120593836
12/26/2012 RP2 $20.00
9i SPECIAL WARRANTY DEED
Date: December at, 2012
Grantors: Carl A. Davis and wife, Lois E. Davis
**(- Grantors' Mailing Address (including county):
8822 Stable Crest Blvd.
Harris County
Houston, Texas 77024
'A)Grantee: Candy S. Riley
Grantee's Mailing Address (including county):
3933 Southwestern St.
Harris County
Houston, Texas 77005
Consideration: Ten Dollars ($10.00) and other good and valuable consideration the receipt
and sufficiency of which is hereby acknowledged. Grantors hereby assign all
escrow funds and prepaid insurance to Grantee.
Property(including any improvements):
Lot One (1), in Block Five (5), of COLLEGE VIEW, an addition in Harris County,
Texas, according to the map or plat thereof, recorded in Volume 6, Page 44 of the
Map Records of Harris County,Texas,commonly described as Southwestern Street,
Harris County,Houston,Texas 77005.
Reservations from and Exceptions to Conveyance and Warranty: This deed is subject to all
easements, restrictions, conditions, covenants, and other instruments of record.
Grantors, for the consideration and subject to the reservations from and exceptions to
conveyance and warranty, grant, sell, and convey to Grantee all of Grantors' interest in and to the
property,together with all and singular the rights and appurtenances thereto in any wise belonging,
to have and hold it to Grantee, Grantee's heirs, executors, administrators and assigns forever.
Grantors bind Grantors and Grantors'heirs,executors,administrators,and successors to warrant and
forever defend all and singular the property to Grantee and Grantee's heirs,executors,administrators
and assigns against every person whomsoever lawfully claiming or to claim the same or any part
thereof, by, through, or under us but not otherwise and except as to the reservations from and
exceptions to conveyance and warranty.
When the context requires, singular nouns and pronouns include the plural.
7,/,%,„6„::
«tor
96)
i7),,t ,
Lois . avis,Grantor
RECORDER'S MEMORANDUM:
At the time of recordation, this instrument was
THE STATE OF TEXAS § found to be trtiadeouate for the best photographic
reprodu;tiabecause of illegibility,
blockouis,
COUNTY OF HARRIS c h�>to cop>,'discolored paper,resent at the time
adaitians and chenyes',vere p
the instrument was filed and recorded.
BEFORE ME,the undersigned authority, on this date personally appeared Carl A. Davis,
known to me to be the person whose name is subscribed to the foregoing instrument, and
acknowledged to me that he executed the same for the purposes and considerations therein
expressed.
GIVEN UNDER MY HAND AND S: OF i,FFICE thi - �:y of December,2012.
/ Ale f! i f i
� ✓1 11111 ll.�l✓1ll✓(;
d /�itud t,'tare � 'Ali 11b.0 . RLANG k
Notary L. .iic Stiv <. N• Y PUBLIC.STF,TE OF TEXAS
•/ ,,, COmMissION EXPIRES (1
THE STATE OF TEXAS § � �'�'oF }P JAN. 8, 2013 �l
COUNTYOF b►11.... ..�r�r.�lrl.�lr...... .il.0
HARRIS §
BEFORE ME,the undersigned authority, on this date personally appeared Lois E. Davis,
known to me to be the person whose name is subscribed to the foregoing instrument, and
acknowledged to me that she executed the same for the purposes and considerations therein
expressed.
GIVEN UNDER MY HAND AND . OF 'i FICE thin , of December,2012.
�r / .f ,,r `�... ..4/40:01064444/...4.4e. .41
Notary ILII C, State of •TARY PUBLIC.STATE OF TEXAS�1
�Tit f MYCOMMISSIONEXPIRES (1
of t� JAN. 8, 2013
hrrr.�r..-.rr./rrrr./rirrrrrlrr
AFTER RECORDING RETURN TO:. /
William T. Powell V i ,
2700 Post Oak Blvd., Suite 1050 m 14; ,
Houston, Texas 77056 ;�
MY001101ri0i1110SIM hESVtOKplLSE tCofa let
COUNTY OFTiRIS - r i
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DEC 2 6 2012 Page 2 of 2 X
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LEGEND litC-
CONCRETE 7BRICK
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SOUTHWESTERN STREET
(PLATTED AS WHITTIER STREET)
(60' R.O.W) (A ,
(A) SET i/t I.R.
FM�
, LkEAST 5CLa0 ; MO(B>
CI{D 5P*'lR b T'V.
SDR OP 250.00
... 1 V ''; .LOTS %
BLOCK 5
Proposed 4
new meter
Location.
F
l
a
2
40 tOPJSAgTYAPE '.gp
4 C7 • ft Pt .. a,
ur LY f' '
«It z t O LOT 2
w Existing gas
New 24kW generator to ' '.
be installed on a . _ meter location
pre-cast pad, no nearer ,- —=
than 18"from the wall ..x
4
on the back side, no
nearer than 3'from any
surrounding structure ,.. . ,g z
• on the other 3 sides, no
nearer than 5'from any
operable window or - x2a
door, per manufacturer
ff ff to Ai f1 A` N v
specifications. WEST 50.00: FPO I I.R.
Generator to be (Nsc x'w or)
approximately 10 feet New 200A Service
from property line on Entrance rated ATS to
Wesleyan St., approx 45' LOT 18 be installed on the wall LOT 17
from property line to the next to the existing
' South, approx 51°from meter and 200A panel
property line on I I
Southwestern St.
t. ALL BEAPTTt4S SHOW HEREON ARE REFERENCED TO THE SUBDTA 1ON PLAT NAMED DELON•PANTS(A)AND(B}WERE HELD FOR 1-10TODONTAL CONTROL
2. TWO SLREvEY WAS CONPLETED BUTHOUT THE BENEFIT OF INFORMATION CONTABfED a1 A TITh REPENT PEP THE RE ST OF NE BUYER.
2. TWO SURVEY IS C£RTBFED TO JOHN KEELER FOR THIS TRANSACTION TW,Y.IT I5 NOT TRANSFERABLE TO ADDITIONAL PASTTTUTICAIS OR SURSEDUENT OWNERS.
A. ALL.EASEMENTS mo suumo LPIES SHOWN ARE PER THE RECORDED PLAT CBt&ESS OTHERWISE NOTED.
S. THERE ARE NO NATURAL DRAINAGE COURSES ON SUBJECT PROPERTY.
LEGAL JESCRIPTTOtt: LOT 1, IN BLOCK 5, OF COLLEGE VIEW, AN ADDITION IN HARRIS COUNTY, TEXAS, ACCORDING TO THE MAP OR
PLAT THEREOF RECORDED IN VOLUME 6, PAGE 44 OF THE MAP RECORDS OF HARRIS COUNTY. TEXAS
w. GEXTWCATE: CLIENT•
.1 '+. IN MY OF ON, TNS PIAT REPRESENTS TkE
'14,,..1.........
or FACTS FQUND(w THE G* AOI 20*41G TIE CIXBTSE of A TBD
'FL .• •..;p#+ 1 Bg6DAR't SURVEY UNDER U' STRER R3DN ON ADDRESS:
ii It* [S 7,g a IA AF/E 27,2011 MC THAT NNS PLAT SUBSTANTIALLY
A.�/4,,G 44,%,.., 1 cot s RTTH'of CURRENT ° AS ADEPTED BY 3933 SOUTHWESTERN STREET
,,,iit:+2:{ 0 II*�,T C, NTE VAS raw Or LAND SURVEYING; AND Www.survey r v B lin n e.c 6 LTi
.... .......�� THAT, . ND, Ai, a TS OR ORS Y FIELD GREW 'EC 1:
< RICHARD FtS.RLl Al 4rvey1 *urv,y1in
c.eom E
1.. 0000 00000000000....:•..f DRAFTER: FINAL eDNECK;
ey 1 .rale
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,41 6411113 11.1Z 713,2 IHRH-VR 6-7430,12
--""erfflafffirkraffiVit STREET
(so' R o w.)
(A) EAST 50.00' %.,...
nip .1/2LR
0
1 fE
LOT 1 :?: •. -T -'."
BLOCK 5 ...,:!_....}., ,
24 V
Install approx.
15'of 1"
ia4 7 nderground
ib
Lsi o •oly gas pipe
CGo meter.Pipe '''....•..t,...............!.
6.... - c9 i
depth will be ''
18" •sr cods.
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re --- Existing
0 , gas meter L
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The City of West University Place
A Neighborhood City
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,December 17, 2020. The hearing may be recessed
and continued to a ZBA meeting set to begin at 6:30 p.m.on Thursday,January 28,2021.
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: 3933 Southwestern St.,Houston,TX 77005
Legal Description: LT 1 BLK 5 COLLEGEVIEW SEC 1,Harris County,Texas
Docket Number: 2020-0019
Applicant: Candy Riley
Action Requested: Request a variance to install a second gas meter for a back-up
generator at 3933 Southwestern St.
Additional Details: The applicant is proposing to install a backup generator and is requesting a
variance to install a second gas meter. 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. 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 30, 2020.
cchew@westutx.gov 713-662-5830
Il
3800 University Boulevard I West University Place, TX 77005 I www.westutx.gov
RILEY CANDY S MUSHARBASH RASHA&JUMEAN FERRARIO LARA&AMIN HESHAM
3933 SOUTHWESTERN ST MARWAN 3930 SOUTHWESTERN ST
HOUSTON TX 77005-4338 3936 SOUTHWESTERN ST HOUSTON TX 77005-4339
HOUSTON TX 77005-4339
ALFINI JAMES &CAROL FISHMAN DOUGLAS S& HEATHER Z CURRENT OWNER
3928 SOUTHWESTERN ST 3924 SOUTHWESTERN ST 3304 SUNSET BLVD
HOUSTON TX 77005-4339 HOUSTON TX 77005-4339 (C/O 3918 SOUTHWESTERN ST)
HOUSTON TX 77005-2142
STEWART KARA B KERRIGAN ANTHONY J & MONGA KEELER JOHN & ELIZABETH
3914 SOUTHWESTERN ST MANJU 3925 SOUTHWESTERN ST
HOUSTON TX 77005-4339 3931 SOUTHWESTERN ST HOUSTON TX 77005-4338
HOUSTON TX 77005-4338
TOMSON MASON B & HARRIET CURRENT OWNER GRAHMANN KRAIG P & MARYANN L
3921 SOUTHWESTERN ST 3304 SUNSET BLVD 3915 SOUTHWESTERN ST
HOUSTON TX 77005-4338 (C/O 3919 SOUTHWESTERN ST) HOUSTON TX 77005-4338
HOUSTON TX 77005-2142
JOHNSTON ADAM P&AMY L AGGARWAL ANIL COARMON BERNARDO F
3914 RILEY ST 4127 MARLOWE ST 3922 RILEY ST
HOUSTON TX 77005-4327 (C/O 3918 RILEY ST) HOUSTON TX 77005-4327
HOUSTON TX 77005-1953
KENTSHIRE BRIAN H & MELODIE Y XU HONG JI & HU SHI XUE KAMRANI ALI K
3926 RILEY ST 3932 RILEY ST 3936 RILEY ST
HOUSTON TX 77005-4327 HOUSTON TX 77005-4327 HOUSTON TX 77005-4327
CHAKRABARTI GAURAB & RIMA MCKENNA DANIEL&THERESA UPPAL ABHINEET& BAO JENNY J
3935 RILEY ST 3931 RILEY ST 3927 RILEY ST
HOUSTON TX 77005-4326 HOUSTON TX 77005-4326 HOUSTON TX 77005-4326
MAYRAL-BLANCO ALEJANDRO & BOYLE ESSIG CAROL SEUFERT FREDERICK B& PENG
ERINN E 3933 MARQUETTE ST LIANGHUI
3923 RILEY ST HOUSTON TX 77005-4311 3929 MARQUETTE ST
HOUSTON TX 77005-4326 HOUSTON TX 77005-4311
MANIAS WILLIAM G &GRETCHEN M CURRENT OWNER CURRENT OWNER
3923 MARQUETTE ST PO BOX 667429 PO BOX 667429
HOUSTON TX 77005-4311 (C/O 6520 WESLAYAN ST) (C/O 6522 WESLAYAN ST)
HOUSTON TX 77266-7429 HOUSTON TX 77266-7429
SKARIA GEORGE P &SITA SHREYAS D PARIKH&KASTEENA K GUPTA TRUST HSIEH JOSEPH
3805 UNIVERSITY BLVD 3913 NORTHWESTERN ST 4010 SOUTHWESTERN ST
(C/O 6524 WESLAYAN ST) (C/0 6532 WESLAYAN ST HOUSTON TX 77005-4341
HOUSTON TX 77005-2049
HOUSTON TX 77005-2801
SKARIA GEORGE P & MAPRAM HOFSTEDE THERESA M&BALBIN DHELFOR COMB SUSAN DIANE
6524 WESLAYAN ST 3824 RUSKIN ST 6610 WESLAYAN ST
(C/O 6602 WESLAYAN ST) (C/0 6608 WESLAYAN ST) HOUSTON TX 77005-4344
HOUSTON TX 77005-4331
HOUSTON TX 77005-4315
LETHCOE BRYAN J & ROCHA MARY E HAYDEN JEFFREY P DELOZIER PHIL C & MARY PAT
3907 RUSKIN ST 4004 RILEY ST 4010 RILEY ST
(C/O 6614 WESLAYAN ST) HOUSTON TX 77005-4329 HOUSTON TX 77005-4329
HOUSTON TX 77005-4332
HSIEH JOSEPH CHAFFIN WILLIAM S & MARCIA DRTIL ALEXANDER &SHANNON
4010 SOUTHWESTERN ST 4015 SOUTHWESTERN ST 4018 SOUTHWESTERN ST
HOUSTON TX 77005-4341 HOUSTON TX 77005-4340 HOUSTON TX 77005-4341