HomeMy WebLinkAbout11182021 ZBA Agenda Item 3 City of
West University
Place Public Works Department
To: Zoning Board of Adjustments
From: Alfonso Acosta,Building Official
Date: November 18,2021
Re: Staff Report for Docket 2021-0023,0 Kirby Dr.(SW corner of intersection of Kirby
Dr.and Plumb St.)
Applicant's Requests
The applicant in Docket#2021-00123 —0 Kirby Dr. (SW corner of intersection of Kirby Dr. and Plumb
St.)is requesting three variances to Section 7-101,Table 7-2 Yards of the Zoning Ordinance:
1) a variance to allow a street side yard of three (3) feet where 10 feet is the minimum required on Plumb
Street;
2)a variance to allow a minimum side yard of three where five(5)feet to the adjacent property;and
3) a variance to allow a minimum of one and a half (1.5) feet for interior lots where five (5) feet is
required(unless constructed with common wall as provided by Note 4.1).
The applicant seeks the three variances to develop three (3) lots in a PDD-TH2 District as four (4)
building sites.
Background Information
The applicant is proposing a four-lot subdivision with a three(3) foot side street yard where a 10-foot yard is
required for one lot, to allow a three-foot side-yard setback to an adjacent property not owned by Applicant,
and to allow a minimum of one and a half(1.5) feet side yard for interior lots, where five feet is required.
Variance Requests
Table 7-2 provides minimum setbacks for required interior and street side yards. The ZBA can grant a Variance
only if all the findings from Section 11-102 are confirmed. Any approved Variance may have conditions to lessen
the impact of a reduced yard.
3826 Amherst St. www.westutx.gov
West University Place, TX 77005
713-662-5830
City of
d
West University Public Works Department
Place
Section 11-102. - Findings; burden of proof.
a) Variances. The ZBA may not issue or modify 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.
(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 State law(Texas Local Government Code Chapter 211)provides, in part:
Sec.211.009. AUTHORITY OF BOARD. (a) The board of adjustment may: ...
(3) authorize in specific cases a variance from the terms of a zoning ordinance if the variance is not contrary to the public
interest and,due to special conditions,a literal enforcement of the ordinance would result in unnecessary hardship,and so that
the spirit of the ordinance is observed and substantial justice is done ... .
(b-1) In exercising its authority under Subsection (a)(3), the board may consider the following as grounds to determine
whether compliance with the ordinance as applied to a structure that is the subject of the appeal would result in unnecessary
hardship: (1) the financial cost of compliance is greater than 50 percent of the appraised value of the structure as shown on
the most recent appraisal roll certified to the assessor for the municipality under Section 26.01, Tax Code; (2) compliance
would result in a loss to the lot on which the structure is located of at least 25 percent of the area on which development may
physically occur; (3) compliance would result in the structure not being in compliance with a requirement of a municipal
ordinance,building code,or other requirement;(4) compliance would result in the unreasonable encroachment on an adjacent
property or easement;or(5) the municipality considers the structure to be a nonconforming structure.
(c) The concurring vote of 75 percent of the members of the board is necessary to: ... (3)authorize a variation from the terms
of a zoning ordinance.
3826 Amherst St. www.westutx.gov
West University Place, TX 77005
713-662-5830
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City of West University Place
APPLICATION TO THE ZONING BOARD OF ADJUSTMENT OF THE
CITY OF WEST UNIVERSITY PLACE, TEXAS ("CITY")
rr,; ,
Address of site: 0 KIRBY DRIVE, HOUSTON, TEXAS 77005
A TRACT OR PARCEL O3444 CRE (1 000 SQUARE FEET) OF LANBEING OF LOTS
Legal description of the site. 6, 7 AND 8, IN BLOCK 9F OF03PRESTONAPLACE5, , ACCORDING TO THE MAPD OR PLAATLL THEREOF
RECORDED UNDER VOLUME 572, PAGE 318 OF THE DEED RECORDS OF HARRIS COUNTY
(H.C.D.R.), TEXAS
Applicant: ADVANCE SURVEYING, INC.
Address: 10518 KIPP WAY, STE. A-2, HOUSTON, TEXAS 77099
Contact: MARINA DAMIAN Phone:832-373-0211 Fax:281-530-5464 Email: mdamian@asi23.com
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:
N'Variance.
• Exact zoning ordinance section from which a variance is requested: PPD - TH2
Required Provided
Minimum Dwelling unit size 2000 SF L7A88A -4,980 SF; L6A88A - 5,058 SF
Required Front Setback 10' 20'
Required Rear Yard 10' 16'
Side Street Yard 10' 3' ON PLUMB
Interior Yard 5' 1.5'
• Exact wording of variance requested:
• Interior side-yard at 3 (three) feet between this development and the adjacent property where
five (5) feet is required.
• Interior side-yard within this developmeni at a minimum of 1.5 feet (three-foot minimum between
buildings) where five (5) feet is required.
• Side street yard at three (3) where ten (10) feet is required.
Other Data. Are there drawings or other data? ( )No 4Yes(list items here and attach them)
1. Proposed Plat of LOTS 6A, 7A AND 8A AND 88, BLOCK 9 OF PRESTON PLACE PARTIAL REPLAT
2. Site Plan of the proposed Townhomes and Conceptual Perspective of the Townhouse
Attached. The applicant has read the State and City regulations attached.
Signature of applicant: Waitz;ta, P{�'i � Date:
K�o I�� 11-05-2021 �]-�
For Staff Use only Date filed: \DDate heard: `.\ "C \ Docket#: �(\'" -6�
Form ZBA-102
IntegrityTitle
CITY' PLANNING LETTER
October 7,2021 Job No. 1932751A
Effective Date: October 1, 2021
STATE OF TEXAS:
COUNTY OF HARRIS:
THIS IS TO CERTIFY: That after a careful examination of the records in the offices of
the Clerk of this County (excluding U. C. C. Records), as to the property described as
follows:
A TRACT OR PARCEL OF 0.3444 ACRE(15,000 SQUARE FEET)OF LAND BEING ALL OF
LOTS 6,7 AND 8,IN BLOCK 9 OF PRESTON PLACE,ACCORDING TO THE MAP OR PLAT
THEREOF RECORDED UNDER VOLUME 572, PAGE 318 OF THE DEED RECORDS OF
HARRIS COUNTY (H.C.D.R.), TEXAS CONVEYED TO LING PROPERTIES, L.L.C., A
TEXAS LIMITED LIABILITY COMPANY UNDER HARRIS COUNTY CLERK'S FILE
NUMBER (H.C.C.F. NO.) RP-2019-333299 DATED AUGUST 1, 2019; SAID 0.3444 ACRE
TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS: (BEARINGS BASED ON THE TEXAS COORDINATE SYSTEM, NAD 83,
SOUTH CENTRAL ZONE)
BEGINNING, AT A 5/8 INCH IRON ROD WITH CAP STAMPED "ADVANCE SURVEY"
SET AT THE SOUTHEAST INTERSECTION CORNER OF THE SOUTH RIGHT-OF-WAY
(R.O.W.) LINE OF PLUMB STREET (PLATTED AS PLUM AVENUE WITH A WIDTH OF
49.4 FEET AS SHOWN ON THE PLAT RECORDED VOLUME 572, PAGE 318, H.C.D.R.)
AND THE WEST R.O.W. LINE OF KIRBY STREET (BASED ON A WIDTH 80 FEET AS
RECORDED UNDER H.C.C.F. NO. C335081) FOR THE COMMON NORTHEAST CORNER
OF SAID LOT 6,BLOCK 9 AND OF THE HEREIN DESCRIBED TRACT;
THENCE, SOUTH 02 DEGREES 35 MINUTES 41 SECONDS EAST, DEPARTING THE
SOUTH R.O.W. LINE OF PLUMB STREET WITH THE WEST R.O.W. LINE OF KIRBY
STREET, AT 50.00 FEET PASSING THE COMMON EAST CORNER OF SAID LOT 3 AND
AFORESAID LOT 7 AND CONTINUING AT 100.00 FEET PASSING THE COMMON EAST
CORNER OF SAID LOT 7 AND AFORESAID LOT 8 AND CONTINUING IN ALL A TOTAL
DISTANCE OF 150.00 FEET TO A 5/8 INCH IRON ROD WITH CAP STAMPED"ADVANCE
SURVEY" SET FOR NORTHEAST CORNER OF LOT 9-A OF PRESTON PLACE
RECORDED IN FILM CODE NO. 407140, H.C.M.R. CONVEYED TO ANDREW HUNG
FILED FOR RECORD UNDER H.C.C.F. NO. 20120188036, FOR THE COMMON
SOUTHEAST CORNER OF SAID LOT 8 AND OF THE HEREIN DESCRIBED TRACT;
P.O.Box 70558,Houston,TX 77270-0558•9800 Northwest Freeway,Suite 400,Houston 77092
Phone:713-683-8030• Fax:713-683-0493• email: orders@lntegrityTitle.com
I I I I IntegrityTitle
THENCE, SOUTH 87 DEGREES 24 MINUTES 19 SECONDS WEST, DEPARTING THE
WEST R.O.W. LINE OF SAID KIRBY STREET, A DISTANCE OF 100.00 FEET TO A 5/8
INCH IRON ROD WITH CAP STAMPED "ADVANCE SURVEY" SET FOR THE
NORTHEAST CORNER OF LOT 4 AND THE NORTH 1/2 OF LOT 5, BLOCK 9 OF
AFORESAID PRESTON PLACE CONVEYED TO MARIO FERNANDO RUBIN AND
ADRIANA NORA RUBIN FILED FOR RECORD UNDER H.C.C.F. NO. T871162, THE
SOUTHEAST CORNER OF LOT 3 CONVEYED TO JOSH VAN NIFTERIK FILED FOR
RECORD UNDER H.C.C.F.NO. 20060012802,SAME BEING THE COMMON SOUTHWEST
CORNER OF SAID LOT 8 AND OF THE HEREIN DESCRIBED TRACT;
THENCE, NORTH 02 DEGREES 35 MINUTES 41 SECONDS WEST, AT 50 PASSING THE
WEST CORNER OF LOTS 8 AND AFORESAID LOT 7,SAME BEING THE COMMON EAST
CORNER OF SAID LOT 3 AND LOT 2,BLOCK 9 OF SAID PRESTON PLACE CONVEYED
TO SUNIL KRISHNAN FILED FOR RECORD UNDER H.C.C.F. NO. 20070696203, AND
CONTINUING AT 100.00 FEET PASSING THE COMMON WEST CORNER OF SAID LOT 7
AND AFORESAID LOT 6, SAME BEING THE COMMON EAST CORNER OF SAID LOT 2
AND LOT 1, BLOCK 9 OF SAID PRESTON PLACE CONVEYED TO DEANNA CLARK
FILED FOR RECORD UNDER H.C.C.F.NO.G032511 AND CONTINUING IN ALL A TOTAL
DISTANCE OF 150.00 FEET TO A 5/8 INCH IRON ROD WITH CAP STAMPED"ADVANCE
SURVEY" SET IN THE SOUTH R.O.W. LINE OF AFORESAID PLUMB STREET FOR THE
NORTHEAST CORNER OF SAID LOT 1 AND THE COMMON NORTHWEST CORNER OF
SAID LOT 6 AND OF THE HEREIN DESCRIBED TRACT;
THENCE, NORTH 87 DEGREES 24 MINUTES 19 SECONDS EAST, WITH THE SOUTH
R.O.W.LINE OF SAID PLUMB STREET,A DISTANCE OF 100.00 FEET TO THE POINT OF
BEGINNING AND CONTAINING WITHIN THESE METES AND BOUNDS 0.3444 ACRES
OR 15,000 SQUARE FEET OF LAND.
We find the record title to be apparently in:
LING PROPERTIES,LLC, a Texas limited liability company
By virtue of that certain General Warranty Deed dated July 30, 2019 from F.L. Toy, LTD.
and recorded in Harris County Clerk's File No. RP-2019-333299.
Subject to the following liens:
None found of record.
Subject to the following easements and encumbrances:
None found of record.
P.O.Box 70558,Houston,TX 77270-0558•9800 Northwest Freeway,Suite 400,Houston 77092
Phone:713-683-8030• Fax:713-683-0493• email: orders@lntegrityTitle.com
11111 IntegrityTitle
Subject to the following restrictions:
Restrictions as recorded in Volume 1059, Page 421 of the Deed Records of Harris
County,Texas.
We have made no examination as to special assessments or conflicts.
INTEGRITY TITLE COMPANY LLC
Sonny Livesay/ML
Abstractor
LIMITATION OF LIABILITY: THE LIABILITY OF EITHER PARTY WITH RESPECT TO THIS INFORMATION OR ANY ACT IN
CONNECTION HEREWITH WHETHER IN CONTRACT,TORT,OR OTHERWISE,SHALL NOT EXCEED THE PRICE OF THE
SERVICES OR PRODUCTS SOLD HEREUNDER OR THE PRICE OF THAT PORTION OF SUCH SERVICES OR PRODUCTS ON
WHICH LIABILITY IS ASSERTED. INTEGRITY TITLE COMPANY LLC MAKES NO WARRANTY WHATSOEVER,EXPRESS,
IMPLIED OR STATUTORY,AS TO THE QUALITY,FITNESS,SUITABILITY,CONFORMITY,OR MERCHANTABILITY OF THE
SERVICES OR PRODUCTS SOLD.
P.O.Box 70558,Houston, TX 77270-0558•9800 Northwest Freeway,Suite 400,Houston 77092
Phone:713-683-8030• Fax:713-683-0493• email: orders@IntegrityTitle.com
' I Advance Surveying, Inc.
r, / - L 10518 Kipp Way Suite A-2
Houston, Texas 77099
Email:advance survey asi23.com
Phone(281)530-2939 Fax(281)530-5464
TBPLS FIRM NO. 10099200
IMINNIONNOMMINIMIMMININ
LETTER OF AUTHORIZATION
November 1, 2021
RE: 0 Kirby Drive, Houston, Texas 77005
HCAD Account Nos. 0580270000006 and 0580270000008
Dear City of West University Place Staff,
We, Ling Properties L.L.C, a Texas limited liability company, has authorized Advance Surveying, Inc., as
the agent to seek City of West University Place Zoning Board of Adjustment approval for the partial replat
of Preston Place for the proposed plat of Lots 6A, 7A, 8A and 8, Block 9 of Preston Lots 6A, 7A, 8A and
8B, Block 9 of Preston Place Partial Replat No 1.
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Print Name and Title
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RP-2019-333299
08/01/2019 ER $20.00
Ole!Repttt;ic ttls'u{a�ee Company
GF# j l� Jd` d'
NOTICE OF CONFIDENTIALITY RIGHTS; IF YOU ARE A NATURAL PERSON,YOU
MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION
FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY
BEFORE IT IS FiLED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL
SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
GENERAL WARRANTY DEED
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF HARRIS §
THAT, F.L. TOY, LTD., a Texas limited partnership (hereinafter called "Grantor",
whether one or more), for and in consideration of the sum of TEN AND 00/100th DOLLARS
($10.00)cash and other good and valuable consideration in hand paid by LING PROPERTIES
L.L.C.,a Texas limited liability company(hereinafter called"Grantee",whether one or more),
whose address for mailing purposes is hereinafter set forth,the receipt and sufficiency of which
arc hereby acknowledged and confessed,has GRANTED,SOLD and CONVEYED,and by these
presents does GRANT,SELL,and CONVEY,unto Grantee all that certain lot,tract or parcel of
C'r) land,together with all improvements thereon,described as follows:
Cr)
Cr)
Lots Six (a),Seven (7) and Eight (8), in Block Nine(9) of PRESTON PLACE,a
d7
subdivision in Harris County,Texas,according to the map or plat thereof,recorded
O in Volume 572,Page 318 of the Deed Records of Harris County,Texas,
a_ TO HAVE AND TO HOLD the above described property,together With all and singular
the rights and appurtenances thereto in anywise belonging unto Grantee,Grantee's heirs,legal
and personal representatives and assigns forever; and Grantor does hereby bind Grantor,
Grantor's heirs, legal representatives,successors and assigns,to warrant and forever defend,all
and singular, the said property unto Grantee,Grantee's heirs, legal and personal representatives
and assigns,against every person whomsoever lawfully claiming,or to claim the same,or any
part thereof.
This conveyance is made and accepted expressly subject to all restrictions,covenants,
conditions, easements, assessments, maintenance charges, previously conveyed or reserved
mineral and royalty interests,if any,shown of record in the hereinabove mentioned County and
State as of the date hereof, and is further made subject to all zoning laws, regulations and
ordinances of municipal and other governmental authorities,if any,but only to the extent they are
still in effect and relate to the hereinabove described property.
Page I of2
RP-2019-333299
# Pages 3
08/01/2019 08:47 AM
e-Filed & e-Recorded in the
Official Public Records of
HARRIS COUNTY
DIANE TRAUTMAN
COUNTY CLERK
Fees $20.00
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CC RECORDERS MEMORANDUM
CC 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.
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5/ HARRIS COUNTY.TEXAS
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LEGEND CONC. SDWLK.
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These standards symbols will FND. 1/2" I I 0.8' 3' BLDG. SETBACK SET
be found in the drawing. \ I.R. BEARS I (VOL. 1059, PG. 421) IR2"
N 68'32'08'
0.88'
BOUNDARY LINE
- - - - - EASEMENT LINE \ I
BUILDING SETBACK LINE -
nLOT 1 I S
,,\ \\ Q WOOD 1FENCE IRON ROD WITH CAP W
I.R. I LOT 6
Q PROPERTY CORNER
0. ILOT 7 F1,
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LOTS 6, 7 & 8, BLOCK 9
CM CONTROL MONUMENT •2 LOT 2poi
1:4a 1— 15,000 SQ. FT.
D'rn O' 0.3444 ACRE
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FENCE / '
MARIO FERNANDO RUBIN o I.R. ,, 8
& ADRIANA NORA RUBIN PRESTON PLACE
LOTS 4 & N. 1/2 OF LOT 51 1 (FILM CODE NO. 407140)
(CF NO. T871162) BLOCK 9
LOT 9—A
SURVEYOR'S NOTE:
THIS SURVEY MEETS THE CURRENT STANDARDS OF
THE TEXAS SOCIETY OF PROFESSIONAL SURVEYORS
STANDARDS AND SPECIFICATION FOR A CATEGORY
1A, CONDITION II SURVEY.
THIS SURVEY IS BASED ON A TITLE COMMITMENT
FLOOD INFORMATION REPORT ISSUED BY OLD REPUBLIC NATIONAL TITLE
FIRM: 48201C PANEL: 0860 L INSURANCE COMPANY GF NO. 19005212 ISSUED
REV. DATE: 06/18/2007
S'
ZONE: "SHADED X ON 07/05/2019.
FLOODCALIINFORMATION IOT PROVIDED HIS BASED ON BASIS OF OR PLAT RECORDS SOFILM HARRIS DE NO. 407140 COUNTY, TEXAS. GRAPHIC SCALE
SCALING THE LOCATION OF THE SUBJECT TRACT ON
THE FLOOD INSURANCE RATE MAPS, THE INFORMATION
SHOULD BE USED TO DETERMINE FLOOD INSURANCE 0' 40' 80
RATES ONLY AND IS NOT INTENDED TO IDENTIFY SPECIFIC
FLOODING CONDITIONS. WE ARE NOT RESPONSIBLE
FOR THE F.I.R.M.'S ACCURACY. -
LAND TITLE SURVEY
I, RODRIC R REESE a Registered Professional Land Surveyor in the State of Texas,
do hereby certify to OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY JOB NO.: 1907015974 NO. REVISION DATE
and LING PROPERTIES LLC DATE: 07/10/19
that the above map is true and correct according to an actual field survey, made by me or under my supervision, DRAWN BY: NK/RM
of the property shown hereon or described by field notes accompanying this drawing. I further
certify that all easements and rights—of—way of which I have been advised are shown hereon and that, except APPROVED BY: RRR
as shown, there are no apparent visible encroachments, no apparent visible overlapping of improvements and A
no apparent discrepancies or conflicts in the boundary lines, as of the date of the field survey. I-' `
Lot(s) 6, 7 & 8 , Block 9 PRESTON PLACE recorded in •,,..,, , j'�
Volume 572 , Page(s) 318 , of the Map/Deed and Plat Records of HARRIS County, Texas. /� •\SNE k
located in the A. C. REYNOLDS LEAGUE, A-61 ,`P.•VG R<c.O
Borrower: LING PROPERTIES LLC /QUI:• :ln\�
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Address: 0 KIRBY DRIVE, HOUSTON, TEXAS 77005 GF No. 19005212 I RODRIC R. REESE >
•
SUBJECT TO RESTRICTIVE COVENANTS AND/OR EASEMENTS RECORDED IN: PROPERTY PHOTOGRAPH: ` •q 5883 �: /
VOLUME 572, PAGE 318, DEED RECORDS, HARRIS COUNTY, TEXAS A. ��• ��ESS��_0„-,..:4,./
P 0/
VOLUME 1059, PAGE 421, DEED RECORDS, HARRIS COUNTY, TEXAS •
�'I'Q'••..40g.0-,
- . ....
�,_ . ' FIRM REGISTRATION NO. 10190700
++ THIS SURVEY IS CONTRACTED TO RODRIC R REESE, RPLS
.�- PHONE NUMBER 713-647-1315
Overland Consortium Inc . ► _ RODRIC R REESE , R.P.L.S.
Surveyirs --,., `— '� Registered Professional Land Surveyor
Tel:281-940-8869 Fax:281-207-6476 1. Registration No. 5883
1528 W. CONTOUR DR., SUITE 204, SAN ANTONIO, TX 78212 COPYRIGHT ALL RIGHTS RESERVED TO OVERLAND CONSORTIUM INC.
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City of
West University
Place Public Works Department
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 November 18, 2021. The hearing may be recessed and continued to a ZBA
meeting set to begin at 6:30 p.m. on December 16, 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: 0 Kirby Dr.(SW corner of intersection of Kirby Dr.and Plumb St.),
Houston,TX 77005
Legal Description: A TRACT OF PARCEL OF 0.3444 ACRE (15,000 SQUARE FEET) OF
LAND BEING ALL OF LOTS 6, 7 AND 8 IN BLOCK 9 OF PRESON
PLACE, ACCORDING TO THE MAP OR PLAT THEREOF
RECORDED UNDER VOLUME 972, PAGE 318 OF THE DEED
RECORDS OF WEST UNIVERSITY PLACE SEC 1, HARRIS
COUNTY,TX
Docket Number: 2021-0023
Applicant: Advance Surveying,Inc.
Action Requested: The applicant is requesting three Variances to Section 7-101, Table 7-2
Yards, of the City's Zoning Ordinance to 1) allow a street side yard of
three (3) feet where 10 feet is the minimum required on Plumb St., 2) to
allow a minimum side yard of three where five (5) feet to the adjacent
property, 3) and to allow a minimum of one and a half (1.5) feet for
interior lots where 5 feet is required (unless constructed with common
wall as provided by Note 4.1). The applicant seeks the variance to
develop 3 lots in a PDD-TH2 District as 4 building sites.
Additional Details: The applicant is proposing a four-lot subdivision with a three(3) foot side street yard where a 10-
foot yard is required for one lone, to allow a three-foot side-yard setback to an adjacent property not owned by
Applicant,and to allow a minimum of one and a half(1.5) feet side yard for interior lots,where five feet is required.
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 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: Alfonso Acosta for the ZBA posted and mailed on or before November 8,2021.
aacosta@westutx.gov 713-662-5830
3826 Amherst St. www.westutx.gov
West University Place, TX 77005
713-662-5830
LING PROPERTIES LLC%GARY TOY SILVER MOLLIE &APGAR BRYAN FAWVER ANTHONY
9788 BELLAIRE BLVD 5902 LAKE ST 5908 LAKE ST
(C/O 0 KIRBY DR) HOUSTON TX 77005-3130 HOUSTON TX 77005-3130
HOUSTON TX 77036-3497
FABRE LOUIS& NATALIYA FLOURNOY SARAH M &VERSER SLEDGE CAROL M
5910 LAKE ST DONALD 5920 ST
HOUSTON TX 77005-3130 5916 LAKE ST HOUSTON TX 77005-3130
HOUSTON TX 77005-3150
HEILMAN BARBARA PABARI RASHMI K &ASHISH H FARNSWORTH JAMES W & CAROL W
6004 LAKE ST 6006 LAKE ST 6009 LAKE ST
HOUSTON TX 77005-3132 HOUSTON TX 77005-3132 HOUSTON TX 77005-3131
AWDEH HAITHAM K &AHMAD DINA CURRENT OWNER RUBIN MARIO F &ADRIANA
6007 LAKE ST 6001 LAKE ST 5917 LAKE ST
HOUSTON TX 77005-3131 HOUSTON TX 77005-3131 HOUSTON TX 77005-3129
CURRENT OWNER KRISHNAN SUNIL CLARK DEANNA A
5911 LAKE ST 129 KINGFISHER DR 4001 VEILED FALLS DR
HOUSTON TX 77005-3129 (C/O 5907 LAKE ST) (C/O 5901 LAKE ST)
PONTE VEDRA BEACH FL 32082-6204 PFLUGERVILLE TX 78660-5505
CHANG EVELEANA L AHLUWALIA REKHA BAILEY SHANNON
5820 LAKE ST 5815 LAKE ST 5811 LAKE ST
HOUSTON TX 77005-2418 HOUSTON TX 77005-2417 HOUSTON TX 77005-2417
SAM W MEINEKE INVESTMENT CORP 5802 KIRBY JOINT VENTURE%INVESTAR REAL CURRENT OWNER
PO BOX 340586 EASTATE 5914 KIRBY DR
(C/O 5820 KIRBY DR) 11111 KATY FWY STE 535 HOUSTON TX 77005-3102
(C/0 5802 KIRBY DR)
LAKEWAY TX 78734-0009 HOUSTON TX 77079-2110
GREENBERG JANICE & KERNS ELLIOTT PABST DAPHNE TEUN REBECCA L
5916 KIRBY DR 5918 KIRBY DR 5920 KIRBY DR
HOUSTON TX 77005-3102 HOUSTON TX 77005-3102 HOUSTON TX 77005-3102
JEMSTYLE INC JEMSTYLE INC VARELA JASON &JESSICA
5011 EVERGREEN ST 5011 EVERGREEN ST 6010 KIRBY DR
(C/O 6004 KIRBY DR) (C/O 6008 KIRBY DR) HOUSTON TX 77005-3104
BELLAIRE TX 77401-5014 BELLAIRE TX 77401-5014
Josie Hayes
To: Alfonso Acosta
Subject: RE: 0 Kirby Dr. -- Objection to the Variance Request to the Zoning Board of Adjustment
Dear Members of the ZBA:
We regret that we are unable to attend the November 18 meeting; please consider our objection to the
variance request for 0 Kirby Drive.
As the former longtime West U City Planner explained when we were building a house, the purpose of the side
yard setback requirements is to ensure that firefighters and firefighting equipment have access and adequate
space to operate in the event of a fire. To reduce the side yard setback requirements is dangerous and
contrary to the public interest.
We and many of our neighbors on Lake Street have had townhouses directly behind us (on Kirby Drive)for
decades. We do not object to Code-compliant townhomes. There is no hardship that justifies creating a fire
and safety hazard for us and our neighbors.
Sincerely,
Janet &Tony Parisi
6001 Lake Street
0 V- A L 10 240'z
Zoning Board of Adjustment
Municipal Building
3800 University Boulevard
Houston,TX 77005
Dear Zoning Board members,
We heard about the zoning exemption request submitted to you for 0 Kirby Dr. (SW corner of
intersection of Kirby Dr. and Plumb St.), Houston,TX 77005 and wish to present our perspective on this.
The owner of the property wishes to request exemptions to standard city codes so as to build 4 units in
a lot that spans 15000 square feet.This would require:
a) a narrower easement along Plumb Street (70% less than required by code; 3 feet instead of 10)
b) s narrower spacing between units (70% less than required by code, 1.5 feet instead of 5), and
c) a narrower gap between southernmost planned property and the next property (40% less than
required by code, 3 feet instead of 5)
At first blush,these seem like a foot or two here or there but when seen as a percentage of required
spacing, one sees that these are substantial deviations from extant zoning codes.
West U, unlike many parts of Houston city proper, has strict and prescriptive zoning codes because they
either retain the unique neighborhood feel of West University or they promote safety of the community.
These codes were known to the current owner of the property when they purchased the lots at a deeply
discounted price.They now wish to circumvent the rules purely for greater monetary gain for
themselves and in doing so:
(i) detract from the esthetics and ambiance of West U residential neighborhoods [property
jutting to the very edge of the sidewalk],
(ii) reduce the safety of the neighborhood in case there is a fire that quickly spreads to adjacent
lots,
(iii) decrease protection against flooding by increasing built-up area and reducing area for water
to seep down into the soil, and
(iv) depreciate property value of adjacent properties.
If such an exemption is granted, what assurance does the city have that others will not request the
same? Then every house will spill over to the edge of the street, houses will extend to the edge of the
property line, and safety of the community will be abdicated.
For all these reasons and because it is unclear that the owners have identified how the current code
poses a hardship to them,we would posit that any difficulty in plans to overbuild on the property is a
self-created hardship. We would therefore urge the committee to deny the motion to grant this
exemption to zoning codes.
Sincerely,
V9-k\ar�
Sunil Krishnan, MD Deepa Suresh, MD
5907 Lake Street 5907 Lake Street
Houston,TX 77005 Houston,TX 77005
Josie Hayes
To: Alfonso Acosta
Subject: RE: Variance request for 0 Kirby
Alfonso Acosta - Chief Building Official,
I am opposed to the requested variance#2021-0023 as it is contrary to setbacks universally in effect throughout
West U and there is no apparent justification other than to allow more density on the lot(s). In addition to the
philosophic issue of avoiding increased density in the City, I see the downsides of the reduced setbacks as:
• Adversely affecting the visibility for cars eastbound on Plumb turning onto Kirby.
• Adversely affecting the safety of the neighboring structure which presumably has satisfied the ordinance
to the south of the property.
• Adversely affecting the safety of the proposed dwellings in terms of ease of access by fire crews. (I
understand that 10' between buildings, especially those 35' high, is already challenging for fire crews to
raise ladders.)
• The application is likely to fail to satisfy the "burden of proof" that justifies variances, especially the
hardship provision. (Improving the economics of a development does not satisfy the "hardship"
provision and it cannot be a self-created conflict.)
Regards,
Richard Yehle
6401 Rutgers