HomeMy WebLinkAbout04222021 ZBA Agenda Item 2 City of
West University
Place
To: Zoning Board of Adjustments
From: Clay Chew,Building Official
Date: April 22,2021
Re: Staff Report for Docket 2020-0005—3223 Tangley Road
Applicant's Request
Applicant is requesting a variance to reduce the required open area from 60%to 54%.
Ordinance Section:
Article 7 District Specific Regulations
Section 7-101
Table 7-3 Open&Pervious areas
Background Information
A proposed second floor addition to the existing garage will increase the footprint of the
existing garage. The proposed addition would reduce the open area in the rear yard to 54%.
Table 7-3 requires 60%open area in the rear yard (rear 20 feet).
Staff Recommendation
The expansion of the garage is a self-created hardship and does not qualify as a hardship. Staff
recommends denying the variance request.
(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:
a. The ZBA must find that a literal enforcement of the ordinance would result in an unnecessary hardship.
b. By granting the variance would the spirit of the ordinance be observed and substantial justice
done?
c. Would variance be contrary to the public interest?
(2) The ZBA has made any additional findings and determination 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.
it
O,,NEST tIN, s
City of West University Place
APPLICATION TO THE ZONING BOARD OF ADJUSTMENT OF THE
CITY OF WEST UNIVERSITY PLACE, TEXAS ("CITY")
tEXAS I
Address of site: 322 3 'Tactngl c-y Roaa Vie,vs .-reSo s `71OO5
Legal description of the site: LO+ t A Q LK (013
V)es# Uvlvcursi+3 'flscc 2
Applicant: .l vsi-i+n E• Sr... -Inc r
Address: 32i 3 Tan51.4.4 cza ad ‘..6 V s't,,^^)Tr S TtocS
Contact: Phone: -113_ so .4_'Z'1 oq Fax: Email:
,S\ocn nc�N-eptrle lo.."cl e v c a ,Lo
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:
Variance.
• Exact zoning ordinance section from which a variance is requested: Ar-}icle 1) 7 a..ble 1-3
• Exact wording of variance requested:
A Wca.rA- ret uec- c 4b'/• roo % C_ovua�K br yra„r
C
2 . -- cc�A- o c
LMO
Other Data. Are there drawings or other data? ( )No (N(es(list items here and attach them)
Attached.The applicant has read the State and City egulations attached.
Signature of applicant. d� Date: 3 3 1 2-b2-%
For Staff Use only Date filed: ' 5 `Date heard: '\- --- 0Cocket#A
Form ZBA-102
Justin E. Bennett
Lauren V. Bennett
3223 Tangley Road
Houston, Texas 77005
March 31, 2021
City of West University Place
Zoning Board of Adjustment
3800 University Boulevard
West University Place, Texas 77005
Re: Zoning Variance—Garage Apartment: 3223 Tangley Road
Dear Ladies and Gentlemen:
Pursuant to the City Code of Ordinances Appendix A, Article 11, this letter shall serve as written
request for a hardship variance with respect to Article 7, Table 7-3 the Zoning Code,which
limits the roof coverage to 40%of the rear twenty-feet of our Lot(as hereinafter defined)
(collectively, "Coverage Limitation").
We intend to pursue the permitting and construction of a garage apartment on our 7,500 square-
foot lot located at our home at 3223 Tangley Road("Garage Apartment" or"Lot").
By way of background, we welcomed the arrival of our first child in 2020, and we are expecting
a second child in 2021. As we are both full-time working parents, we have engaged an elderly
care giver to help care for our toddler daughter and future child("Child Care Giver"). Our
Child Care Giver has moved from Colorado to help us with our child, and her income from us
serves as their family's primary source of income.
To help reduce the financial burden on our Child Care Giver, and to ensure the continued care of
our child and future child,we have decided to pursue the construction of a garage apartment such
that our Child Care Giver can live with us full-time.
Moreover, my father, Lee Bennett, recently lost his wife of 50 years in 2020. Lee lives in
California and is planning a move to Houston in the upcoming years to be closer to family. Lee
is currently 76 years old and suffers from heart disease and arthritis in his knees.
Our intent is that once our children get to school age, Lee will move into the Garage Apartment,
Lauren and I can care for him full-time and he can be close to family.
Based on the aforementioned circumstances, we are respectfully requesting a variance with
respect to the Coverage Limitation. As designed, our current roof coverage is 46%,which
exceeds the Coverage Limitation by 6%.
Our goal is to enclose the entire staircase leading up to the Garage Apartment to protect the path
of travel from inclement weather. In this regard, considering that the two future inhabitants of
the Garage Apartment are elderly,we are respectfully requesting a hardship variance as it relates
to the enlarged roof coverage to protect the elderly inhabitants and guests from inclement
weather.
In short, our desire is to provide a safer path of travel to the Garage Apartment.
We greatly appreciate your favorable consideration of our request, and we thank you for your
evaluation.
Our Family loves living West University Place and we look forward to watching our children
grow up here as we become further involved and participate in our Community.
Please contact me if you have any questions regarding this matter.
Very Truly Yours,
Justin E. Be
Lauren V. Bennett
RP-2019-275925
06/28/2019 ER $24.00
(�71Recordr&Return to:
Tt8 Title ot-exaa,LL CASA WARRANTY DEED
4888 Loop Central Ste.505
Houston,TX 77081 Texas Property Code Section 11.008.
CONFIDENTIAL INFORMATION IN REAL PROPERTY RECORDS
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,
YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION
FROM THIS INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL
PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS:
YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVERS LICENSE NUMBER.
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF HARRIS §
THAT BGRS, LLC, a Delaware Limited Liability Company formerly known as
Brookfield Global Relocation Services, LLC hereinafter referred to as Grantor, for and in
consideration of the sum of TEN AND NO/100 Dollars ($10.00) cash and other good and
valuable consideration paid by Justin E.Bennett
whose mailing address is:_ 3223 Tangley Road,Houston,TX 77005
hereinafter
Nreferred to as Grantee, does Grant, Sell, and Convey unto the said Grantee, all that certain tract
piece, or parcel of land lying and situated in the below referenced county and the State of Texas,
1.0
to-wit:
CV
LEGAL DESCRIPTION ATTACHED AND MADE A PART HEREOF
O
CV TO HAVE AND TO HOLD the above-described premises, together with all and singular
12 the rights, hereditaments and appurtenances thereunto in any manner belonging unto the said
Grantee, Grantee's heirs and assigns forever and Grantor does hereby bind Grantor, Grantor's
legal representatives and assigns to warrant and forever defend, all and singular the same unto
the said Grantee, Grantee's heirs and assigns, against every person whomsoever lawfully
claiming,or to claim the same, or any part thereof.
This conveyance is made subject to all and singular the restrictions, easements, and
covenants, if any, applicable to and enforceable against the above described property as shown
by the records of the county in which the property is situated. Current ad valorem taxes on the
above-described property as of the date hereof are assumed by Grantee and Grantee covenants
and promises to pay the same.
When this deed is executed by more than one person. or when the Grantee is more than
one person, the instrument shall read as though pertinent verbs. nouns, and pronouns were
changed correspondingly, and when executed by or to a corporation or other entity other than a
natural person, the words, "heirs, executors, and administrators" or "heirs and assigns" shall be
construed to mean "successors and assigns".
EXECUTED this 1 day of - )k(0- , 20161 but effective
the aS day of LQ ,20 \cl.
BGRS, LL
X By: ital-jaerret...,
XBy:
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w v 1Ailf Y. .
______t_______
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✓STATE OF IN n- t 5 §
✓COUNTY OF D° `43L-0—
§ '' t 11't ...
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LO This instrument was ac novyleedged befor me on the l day of
N SVS 20 by C O(, 211 t'C and (` L Q& , of
BGRS, LLC, a Delaware Limited Liability Company, former ' known as Brookfield
T-
Global Relocation Services, LLC
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Notary
'OFFICIAL.SEAL'
ELME A.SUCI0
NOTARY PUBLIC.STATE OF WHOM
COUNTY OF OU PAGE
Prepared By: MI COMMON EXPIRES:moon
Joan M. Brady
449 Taft Avenue
Glen Ellyn, IL 60137
LEGAL DESCRIPTION
Lot One-A(1-A), in Block Sixty-eight(68), of West University Park, a Subdivision in Harris
County, Texas, according to the Map or Plat thereof recorded in Volume 9, Page 13, of the Map
Records of Harris County, Texas.
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RP-2019-275925
# Pages 4
06/28/2019 09:38 AM
e-Filed & e-Recorded in the
Official Public Records of
HARRIS COUNTY
DIANE TRAUTMAN
COUNTY CLERK
Fees $24.00
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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 OF 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.
J�`�F HARq�l�o r (
�% I\ .,,ti COUNTY CLERK
� 5"t' HARRIS COUNTY.TEXAS
$ AC.REYNOLDS SURVEY
G�`1� TANGLY STREET
ABSTRACT 61
60' R.O.W. (Platted as Brown Street) HARRIS COUNTY,TX
7/C48.13 7/C47.92
/ Fnd.112"Iron
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"P&A 4985" EAST 50.00' Iron Rod —
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30.4 7,519 SQ.FT. 382
5'Side Setback Line 0' 10' 20'
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) ,T++t (See Note 4) GRAPHIC SCALE t
trick 6.7—
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FmrstedFloor=51.83 I (See Note 4) `'` ••6\ S T ER..1
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cn Justin E. Bennett *:Q. �" O e*
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b . MATHEW J. PROBSTFELD
REGISTERED PROFESSIONAL LAND SURVEYOR
Spa I L STATE OF TEXAS NO.4985
Tile 515 PARK GROVE,SUITE 102•KATY,TX 77450
"I OFFICE 281.829.0034•FAX 281.829.0233
I I Q PROBSTFELD&ASSOCIATES,INC•FIRM#10066100
Swimming Pool m
1.3'--,,, I ` FEE a c)
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E N.o,co Elevations shown based on West University
---10.0 21.1 4'Stucco Wall I m-0 an N Place Benchmark No.5R,Elevation=52.06'
W�,�,
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1-Story w r I �oco N-
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N StUCCO w_ 1, ZZZ SURVEY& PLOT PLAN
I Fia'shedFloor=5022
NOTE:THE EXTERIORS OF ALL EASEMENTS ARE
21.1 TO INTERSECT WITH THE EXTERIORS OF ALL
Mag.Nail —102 --- - --- ---r - - - - -�-1-•- ADJOINING EASEMENTS OR WITH ADJOINING
GL 48.60PROPERTY LINES.
l''''.().3' 5.0 7'Brick Wall n' j9 7'Wood Fence 4PP'
NN
ii H w OWNER:
Light Std. PP JUSTIN E.BENNETT SCALE:1"=20'
LOT 1-A,BLOCK 6B DATE: p80021
Fnd.1/2"Iron WEST UNIVERSITY PARK
S 89° 08' 30"W 50.00' 3223 TANGLEY STREET REVISION:
Rod w/Cap Fnd.1/2"Iron HOUSTON,TX. 77005 REVISION:
"Tri-Tech" (Called West) Rod w/Cap
"P&A 4985"
LOT 22-A LOT 2-13 SKETCH NO.
Existing Garage with Images of Surrounding Buildings
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Setback Line
co
5'-01/8"
6'-0" 1'-4" 3'-O" 3'-0" 1'-4' 6'0" ,z
/ / / / / / — T
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fin concrete up 0 ; J landing
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Garage Notes
1. Insulate and gyp bd painted
2.Adjustable 16"shelves North and East wall.
3.5/8"type'X'gyp bd at ceiling painted.
Garage
Finished Floor = 50.22
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existing drive
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REAR LOT COVERAGE DIAGRAM power pole
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Rear Lot Area:1,003 s.f.
Roof Coverage:466 s.f.
3223 Tangley
77, \V/ Garage Addition
April 22,2021
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double hung double hung double hung double hung
5'-5"
/ / 3 Gross Floor Area: 600 s.f. conditioned space
3
Second Floor: 1/4"=1'-O"
in N
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steel stair with stone MP 0 0
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South Elevation: 1/8"=1'-0" West Elevation: 1/8"=1'-O"
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11 III III 111 111 o t open 1■I
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steel stair with stone
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open open open open
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_ steel stair with stone
North Elevation: 1/8"=1'-0"
treads East Elevation: 1/8"=1'-0"
VV3223 Tangley
Garage Addition
April 22,2021
Second Floor/
Elevations
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 April 22,2021.The hearing may be recessed
and continued to a ZBA meeting set to begin at 6:30 p.m. on May 27,2021.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: 3223 Tangley Road,Houston,TX 77005
Legal Description: Lot 1A Block 68 West University Place Sec. 2, Harris County
Docket Number: 2021-0005
Applicant: Justin E.Bennett
Action Requested: Requesting a variance to Article 7, Section 7-101 Table 7-3
Open and Pervious Areas to reduce the required 60% open
area in the rear yard to 54%.
Additional Details: The applicant is proposing to add 9'7"to the existing garage with quarters on the
second floor. The additional first floor space will contain a covered staircase to the second floor. The
addition to the garage would only allow 54%open area instead of the required 60%.
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 April 12, 2021.
cchew@westutx.gov 713-662-5830
3800 University Boulevard I West University Place, TX 77005 I www.westutx.gov
CURRENT OWNER DORN PETER L DRURY MATTHEW J & KATHERINE J
3223 TANGLEY RD 3219 TANGLEY RD 3215 TANGLEY RD
HOUSTON TX 77005-2243 HOUSTON TX 77005-2243 HOUSTON TX 77005-2243
AMES FREDERICK C JOHNSON SYLVESTER P IV& LORI NANDA BAUIT K
3214 PLUMB ST 3220 PLUMB ST 3303 TANGLEY ST
HOUSTON TX 77005-2922 HOUSTON TX 77005-2922 HOUSTON TX 77005-2245
SUMMER JOHN R & LINDA L STANIETZKY NIR &GOLDBRAUM CASTANEDA ABIGAIL
3305 TANGLEY RD STEPHANIE 3315 TANGLEY ST
HOUSTON TX 77005-2245 3311 TANGLEY ST HOUSTON TX 77005-2245
HOUSTON TX 77005-2245
JACKSON GEORGE & KRISTEN S GRAY PAUL CHILDERS DOUGLAS B &JANET S
3316 TANGLEY ST 3312 TANGLEY ST 3302 TANGLEY RD
HOUSTON TX 77005-2246 HOUSTON TX 77005-2246 HOUSTON TX 77005-2246
ATKINS THOMAS H & BRENDA PERSOHN ANNETTE H TUCKER HARRISON C&JENNIFER V
3224 TANGLEY RD 2726 CENTENARY ST 3214 TANGLEY RD
HOUSTON TX 77005-2244 (C/O 3220 TANGLEY ST) HOUSTON TX 77005-2244
HOUSTON TX 77005-3940
HOLZHAUER PAUL C JR EMBRY JAMES A III &JENNIFER A DUONG ANH VAN & CHAU K
5724 BUFFALO SPEEDWAY 4314 YOAKUM BLOVD FL 2 5716 BUFFALO SPEEDWAY
HOUSTON TX 77005-2206 (C/O 5720 BUFFALO SPWY) HOUSTON TX 77005-2206
HOUSTON TX 77006-5865
LOPEZ GEORGE S &VIOLA G KESELMAN JOZEF & KAYOKO BURRAGE ALICE MARY%ALICE MARY
5802 BUFFALO SPEEDWAY 5806 BUFFALO SPEEDWAY BURRAGE REVOOCABLE LIVING TR
HOUSTON TX 77005-2902 HOUSTON TX 77005-2902 5810 BUFFALO SPEEDWAY
HOUSTON TX 77005-2902
SOWERBY JAMES A& KATARINA P AMES FREDERICK C& ROBIN J BURKS WILLIAMS SAMUEL& LO GRACE HSIAO-
5814 BUFFALO SPEEDWAY 3214 PLUMB ST WEI
HOUSTON TX 77005-2902 (C/O 5818 BUFFALO SPWY) 5822 BUFFALO SPEEDWAY
HOUSTON TX 77005-2922 HOUSTON TX 77005-2902
PYLE HOWARD E MAYER JOHN SAFI DEBORAH C & HAZIM
PO BOX 270356 3223 ROBINHOOD ST 3219 ROBINHOOD ST
(C/O 5902 BUFFALO SPWY) HOUSTON TX 77005-2223 HOUSTON TX 77005-2223
HOUSTON TX 77277-0356
SMITH PETER B& MIA T BURTON STERLING M BENOIT BRYAN K
3215 ROBINHOOD ST 909 FANNIN ST STE 3500 3217 PLUMB ST
HOUSTON TX 77005-2223 (C/O 3221 PLUMB ST) HOUSTON TX 77005-2921
HOUSTO NTX 77010-1034
EISENBERG PHILIP G & REBECCA B WRAY CURTIS J &TARA C JORDAN JOHN E & DAWNE
3215 PLUMB ST 3303 PLUMB ST 3305 PLUMB ST
HOUSTON TX 77005-2921 HOUSTON TX 77005-2923 HOUSTON TX 77005-2923
KALDIS MICHAEL G & DOROTHY HU YE &YU BIN WALSH MAURA& BRISBI DEAN
3302 PLUMB ST 3310 PLUMB ST 3314 PLUMB ST
HOUSTON TX 77005-2924 HOUSTON TX 77005-2924 HOUSTON TX 77005-2924
D N VAN BARRY R & ELISA
O O
3301 ROBINHOOD ST
HOUSTON TX 77005-2225
Josie Hayes
From: Clay Chew
Sent: Tuesday, April 20, 2021 8:46 AM
To: 'GSL'
Cc: Viola G. Lopez; Josie Hayes
Subject: RE: 3223 Tangley Road, Houston, TX 77005. Docket Number 2021-0005
Received, thank you.
Clay Chew
Chief Building Official
City of West University Place
3826 Amherst, West University Place, TX 77005
Tel 713.662.5830
Fax 713.662.5304
Q 11 w
ATTENTION PUBLIC OFFICIALS:
This email,plus any attachments,may constitute a public record of the City of West University Place and may be subject to public disclosure under the Texas
Public Information Act.
A"reply to all"of this e-mail could lead to violations of the Texas Open Meetings Act. Please reply only to the sender.
From: GSL<gslopezl@peoplepc.com>
Sent:Tuesday, April 20, 2021 8:43 AM
To: Clay Chew<CChew@westutx.gov>
Cc: Viola G. Lopez<violalo@aol.com>
Subject: 3223 Tangley Road, Houston, TX 77005. Docket Number 2021-0005
CAUTION:This email originated from outside your organization. Exercise caution when opening attachments or clicking links,
especially from unknown senders.
We do not oppose the requested variance for 3223 Tangley.
Thank you.
George & Viola Lopez
5802 Buffalo Speedway, 77003
Mobile: (713)542-8284
gslopezl@peoplepc.com
1