HomeMy WebLinkAbout11162023 ZBA Agenda Item 4 City of
West University
Place Public Works Department
To: Zoning Board of Adjustment
From: John McGowan, Building Official
Date: November 16, 2023
Re: Staff Report for Docket 2023-0012, 6328 Buffalo Speedway
Applicant's Request:
The applicants in Docket #2023-0012 — 6328 Buffalo Speedway, request that the Zoning Board of Adjustment
(the "ZBA") approve two variances from the city's Zoning Ordinance to 1) allow the construction of a circular
driveway with each driveway approach separated by a distance of 18 feet where 24 feet is required, and 2) to
allow pervious pavers to be utilized in lieu of natural landscaped area to satisfy the front yard 50%pervious area
requirement.
Background Information:
The applicants have proposed a project to construct a new circular driveway for their home located at 6328
Buffalo Speedway. The applicants submitted a proposed site plan to city staff indicating a driveway separation
distance of 18 feet and were subsequently informed that a minimum separation distance of 24 feet would be
required between each approach of the proposed circular driveway. The applicants stated to city staff that
complying with this requirement would be problematic for their project, as this would require them to reduce the
width of each driveway approach to 11 feet, which they claim would not be of sufficient width to permit vehicle
access in and out of the driveway to Buffalo Speedway due to traffic.
Additionally,the applicants have proposed a unique driveway design that incorporates the use of pervious pavers
in the designated front yard area of their home. However,the Zoning Ordinance requires that the pervious area in
a front yard must be either natural vegetation or landscaped area, and, therefore, pervious pavement cannot be
utilized to satisfy this requirement without a variance.
Circular Driveways. City Council amended the Zoning Ordinance earlier this year to amend the regulations
for the construction of circular driveways and the permitting of additional curb cuts for a building site. Of
particular relevance to the applicants' request, the Zoning amendment allows circular driveways on building
sites that are less that 60 feet in width(previously the minimum building site width required to be eligible to
construct a circular driveway was 60 feet). To qualify for a narrow site (less than 60 feet in width) circular
driveway, a building site must be located on a Busy Street as defined in Sec. 7-101, Note 5(d). Buffalo
Speedway is designated as a Busy Street, making this building site eligible for the construction of a circular
driveway. The Zoning amendment did not change the required 24 feet of separation distance between the
driveways of a circular drive.
Pervious Front Yard. The Zoning Ordinance requires that all pervious areas in a front yard must be natural
vegetation or landscaped area that receives rainwater and allows it to pass through or be absorbed. Sec. 7-
101. Table 7-3, Note 7. Artificial turf may be used in lieu of grass for landscaped areas if it is a natural
green color that is consistent with the character of the neighborhood. Final approval of artificial turf subject
to the approval of the administrative official
3826 Amherst St. www.westutx.gov
West University Place, TX 77005
713-662-5830
City
West University
Place Public Works Department
The Zoning Ordinance Provisions:
Sec.7-101.—Table 7-5a,Note 5.
a) "Circular driveways.
1) Both curb cuts are on the same street and located along the front street line;
2) At the front street line,no part of the curb cuts or driveways are closer than two feet to a side property
line;
3) In the street area, no part of the curb cuts or driveways cross the imaginary extension of a side
property line,unless the affected neighboring owner consents in writing;
4) Measured along the edge of the main traveled roadway, the inside edges of the curb cuts and
driveways at the property line are at least 24 feet apart;
5) Within the street area, the edges of each driveway are perpendicular to the edge of the main traveled
roadway and;
6) The proposed driveways are no wider than what is allowed or specified in table 7-5a in appendix A of
the Code of Ordinances.
b) Corner lots. Regardless of street frontage, corner lots shall be expressly prohibited from constructing a
driveway which connects two intersecting streets(i.e., cutting the corner). If a SFD building site is 60 feet or
greater in width and meets the requirements for a circular driveway as specified in Table 7-5a,Note 5(a)(1-
6), corner lots shall be permitted up to two curb cuts along the front street line,but in no case may exceed a
total of three per building site (i.e., two curb cuts for a circular driveway along the front street line and one
curb cut for a straight driveway on the side street that services a functioning garage utilized for the off-street
parking of motor vehicles)if:
1) The additional curb cut(s) will not cause the building site to exceed a total of two curb cuts along the
front street line;
2) Each curb cut is at least 15 feet from the intersection of the street rights-of-way and;
3) The proposed driveway will not cause the building site to exceed the maximum impervious coverage
requirement stipulated in Table 7-3: Open&Pervious Areas.
c) Through lots.Through lots shall be permitted one additional curb cut per abutting street not serving as the
primary entrance to the residence. The additional curb cut(s)must service a functioning garage utilized for
the off-street parking of motor vehicles.
d) Busy streets. Bissonnet Street,Buffalo Speedway,West Holcombe Boulevard,Bellaire Boulevard,and
Kirby Drive shall be permitted one additional curb cut for a circular driveway if the building site is 50 feet
or greater in width.
e) The ZBA may issue a special exception for additional curb cuts in a different design or location than
prescribed by this ordinance."
3826 Amherst St. www.westutx.gov
West University Place, TX 77005
713-662-5830
City of
West University
Place Public Works Department
And
Sec.7-101,Table 7-3, Note 7
"All pervious areas in a front yard must be natural vegetation or landscaped area that receives rainwater and
allows it to pass through or be absorbed. Artificial turf used in lieu of grass for landscaped areas shall be of a
natural green color that is consistent with the character of the neighborhood. Final approval of artificial turf
subject to the approval of the administrative official."
And
Section 2-102.Certain terms.
"Pervious area. An area which: (1) is natural ground or landscaped area that receives rainwater and allows it to
pass through or be absorbed, thus preventing excess water flow away from the area, or (2) is specifically
designated as pervious area in the Projections Schedule."
Staff Recommendation:
Circular Driveway—Spacing Variance.
When considering the approval of this variance, it should be noted that city staff does not object to the reduction
of the required minimum separation distance between the proposed circular driveway approaches. City staff
recommends that any variance regarding the circular driveway should include the following conditions:
1) The driveway(s)is constructed in accordance with plans approved by the ZBA;
Front Yard Pervious Area-Material Variance
City staff recommends denying the material variance in its current form. Any variance related to the front yard
pervious material requirement should incorporate the following conditions;
1) That the applicant is to provide compensating natural vegetation or landscaped area;
2) That the front yard and designated compensating areas be constructed and maintained in accordance with
plans approved by the ZBA.
II
3826 Amherst St. www.westutx.gov
West University Place, TX 77005
713-662-5830
10/27/23,9:51 AM e93d9931-f171-425b-b69e-6ce2fe293b38(1200X1600)
4 ow t',...4.
City of West University Place
{ i APPLICATION TO THE ZONING BOARD OF ADJUSTMENT OF THE
CITY OF WEST UNIVERSITY PLACE, TEXAS ("CITY")
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Decision o�r/`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: ra
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• Exact wording of special exception requested:
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PROMULGATED BY THE TEXAS REAL ESTATE COMMISSION (TREC)
TREC !QUAL
Mniz= THIRD PARTY FINANCING ADDENDUM N°'"'N°
O/roIruNli►
TO CONTRACT CONCERNING THE PROPERTY AT
6328 Buffalo Speedway Houston,TX 77005-3310
(Street Address and City)
1. TYPE OF FINANCING AND DUTY TO APPLY AND OBTAIN APPROVAL: Buyer shall
apply promptly for all financing described below and make every reasonable effort to obtain
approval for the financing, including but not limited to furnishing all information and
documents required by Buyer's lender. (Check applicable boxes):
A. CONVENTIONAL FINANCING:
CI (1) A first mortgage loan in the principal amount of $ 688,000 (excluding any
financed PMI premium), due in full in 30 year(s), with interest not to exceed 2.875
per annum for the first 30 year(s) of the loan with Origination Charges as shown on
Buyer's Loan Estimate for the loan not to exceed 1 % of the loan.
❑ (2) A second mortgage loan in the principal amount of $ (excluding any
financed PMI premium), due in full in year(s), with interest not to exceed
per annum for the first year(s) of the loan with Origination Charges as
shown on Buyer's Loan Estimate for the loan not to exceed % of the loan.
Cl B. TEXAS VETERANS LOAN: A loan(s) from the Texas Veterans Land Board of
$ for a period in the total amount of years at the interest rate
established by the Texas Veterans Land Board.
❑ C. FHA INSURED FINANCING: A Section FHA insured loan of not less than
$ (excluding any financed MIP), amortizable monthly for not less
than years, with interest not to exceed % per annum for the first
year(s) of the loan with Origination Charges as shown on Buyer's Loan Estimate for
the loan not to exceed % of the loan.
❑ D. VA GUARANTEED FINANCING: A VA guaranteed loan of not less than $
(excluding any financed Funding Fee), amortizable monthly for not less than years,
with interest not to exceed % per annum for the first year(s) of the loan with
Origination Charges as shown on Buyer's Loan Estimate for the loan not to exceed
of the loan.
❑ E. USDA GUARANTEED FINANCING: A USDA-guaranteed loan of not less than $
(excluding any financed Funding Fee), amortizable monthly for not less than years,
with interest not to exceed % per annum for the first year(s) of the loan with
Origination Charges as shown on Buyer's Loan Estimate for the loan not to exceed ok
of the loan.
❑ F. REVERSE MORTGAGE FINANCING: A reverse mortgage loan (also known as a Home Equity
Conversion Mortgage loan) in the original principal amount of $ (excluding
any financed PMI premium or other costs), with interest not to exceed % per annum
for the first year(s) of the loan with Origination Charges as shown on Buyer's Loan
Estimate for the loan not to exceed % of the loan. The reverse mortgage loan ❑will
❑ will not be an FHA insured loan.
2. APPROVAL OF FINANCING: Approval for the financing described above will be
deemed to have been obtained when Buyer Approval and Property Approval are obtained.
Time is of the essence for this paragraph and strict compliance with the time for
performance is required.
A. BUYER APPROVAL (Check one box only):
This contract is subject to Buyer obtaining Buyer Approval. If Buyer cannot obtain Buyer
Approval, Buyer may give written notice to Seller within 21 days after the effective
date of this contract and this contract will terminate and the earnest money will be
refunded to Buyer. If Buyer does not terminate the contract under this provision, the
Initialed for identification by Buye — and Seller TREC NO. 40-9
i,
6 11-19-19
Third Party Financing Addendum Concerning Page 2 of 2
6328 Buffalo Speedway Houston,TX 77005-3310
(Address of Property)
contract shall no longer be subject to the Buyer obtaining Buyer Approval. Buyer
Approval will be deemed to have been obtained when (i) the terms of the loan(s)
described above are available and (ii) lender determines that Buyer has satisfied all of
lender's requirements related to Buyer's assets, income and credit history.
❑This contract is not subject to Buyer obtaining Buyer Approval.
B. PROPERTY APPROVAL: If Buyer's lender determines that the Property does not satisfy
lender's underwriting requirements for the loan (including but not limited to appraisal,
insurability, and lender required repairs) Buyer, not later than 3 days before the Closing
Date, may terminate this contract by giving Seller: (i) notice of termination; and (ii) a copy
of a written statement from the lender setting forth the reason(s) for lender's determination.
If Buyer terminates under this paragraph, the earnest money will be refunded to Buyer. If
Buyer does not terminate under this paragraph, Property Approval is deemed to have been
obtained.
3. SECURITY: Each note for the financing described above must be secured by vendor's and
deed of trust liens.
4. FHA/VA REQUIRED PROVISION: If the financing described above involves FHA
insured or VA financing, it is expressly agreed that, notwithstanding any other provision of this
contract, the purchaser (Buyer) shall not be obligated to complete the purchase of the Property
described herein or to incur any penalty by forfeiture of earnest money deposits or otherwise:
(i) unless the Buyer has been given in accordance with HUD/FHA or VA requirements a written
statement issuedbythe Federal Housing Commissioner, Department of Veterans Affairs, or a
Direct Endorsement Lender settingforth the appraised value of the Property of not less than
$ or (ii) if he contract purchase price or cost exceeds the reasonable
value of the Property established by the Department of Veterans Affairs. The 3-day notice of
termination requirements in 2.B. does not apply to this Paragraph 4.
A. The Buyer shall have the privilege and option of proceeding with consummation of the
contract without regard to the amount of the appraised valuation or the reasonable value
established by the Department of Veterans Affairs.
B. If FHA financing is involved, the appraised valuation is arrived at to determine the maximum
mortgage the Department of Housing and Urban Development will insure. HUD does not
warrant the value or the condition of the Property. The Buyer should satisfy himself/herself
that the price and the condition of the Property are acceptable.
C. If VA financing is involved and if Buyer elects to complete the purchase at an amount in
excess of the reasonable value established by the VA, Buyer shall pay such excess amount in
cash from a source which Buyer agrees to disclose to the VA and which Buyer represents will
not be from borrowed funds except as approved by VA. If VA reasonable value of the
Property is less than the Sales Prices, Seller may reduce the Sales Price to an amount equal
to the VA reasonable value and the sale will be closed at the lower Sales Price with
proportionate adjustments to the down payment and the loan amount.
5. AUTHORIZATION TO RELEASE INFORMATION:
A. Buyer authorizes Buyer's lender to furnish to Seller or Buyer or their representatives
information relating to the status of the approval for the financing.
B. Seller and Buyer authorize Buyer's lender, title company, and escrow agent to disclose and
furnish a copy of the closing disclosures and settlement statementsprovided in relation to
the closing f this sale to the parties' respective brokers and sales gents provided under
Broker Information.
Buyer Seller
Buyer Seller
This form has been approved by the Texas Real Estate Commission for use with similarly approved or promulgated
contract forms. Such approval relates to this form only. TREC forms are intended for use only by trained real estate
� ^ license holders. No representation is made as to the legal validity or adequacy of any provision in any specific
(v" transactions. It is not intended for complex transactions. Texas Real Estate Commission, P.O. Box 12188, Austin, TX
78711-2188, (512)936-3000 (http://www.trec.texas.gov)TREC No. 40-9. This form replaces TREC No.40-8.
TREC NO. 40-9
Yesely and Justin Love
6328 Buffalo Speedway
Houston, TX 77005
Thursday October 5th, 2023
Zoning Board of Adjustment
Board's Office
(% Secretary of the Zoning Board of Adjustment)
3826 Amherst, Houston, TX 77005, City of West University Place
To whom it may concern,
Per the request of Mr. Joe Newton, West U Senior planner, and as the owners of 6328 Buffalo
Speedway, we'd like to submit a variance request for your consideration regarding our driveway
design. Per the email sent by Mr. Newton on 9/26, we have adjusted our design to meet
provided guidance. Namely:
• We have removed a portion of the driveway on the right-hand side of the site to more
clearly designate the circular driveway
• We have shown the turning radii for each driveway approach
• We are confirming the use of pervious pavers in our design
• We have ensured a buffer of 2' on each side of the property for concrete and the
property line
We would like to make a variance request for the following ordinance sections:
• Section 7-101, Table 7-5a, Note 5. Curb cuts.
• Section 7-101, Table 7-3, Note 7.
• Requesting a variance to allow a circular driveway to be constructed with the inside
edges of each driveway approach separated by a distance of 18 feet where 24 feet is
required.
• Requesting a variance to allow pervious pavers to be utilized in lieu of natural
vegetation or landscaped area to satisfy the minimum 50% front yard pervious area
requirement.
The first requirement which has not been met in our revised design, for which we are requesting
this variance, is the inside edges measurement of the circular driveway. We were told the city
requirement is a minimum of 24' apart, but request that we are allowed to keep the design as it
stands with the 18' measurement.
As you all know, Buffalo Speedway is a high traffic street and is plagued with many vehicles
exceeding the already high 30mph speed limit. The circular driveway itself is designed such that
we can exit our property driving forward rather in reverse. There are many instances where
we've had scares attempting to back out of our driveway, or simply have been trapped there in
high traffic times because of our view of oncoming traffic being obstructed by the large oak tree
to the North. In our current driveway configuration, we have a 14' single entrance. When driving
southbound on Buffalo Speedway, it can be extremely stressful to turn right into our driveway.
Given the high traffic and high rate of speed of the passersby (many breaking the speed limit), it
makes it dangerous and impractical to be able to "swing" the right turn by making a small arc to
the left before turning into the driveway. There have been instances at least weekly where
speeders honk their horns at me as I slow to run right into the driveway returning home from
work.
Given we are a family, and have large vehicles to accommodate our children, there have been
many instances where our vehicles and that of friends, family, and service providers have had
the back tires hop the curb, damaging the grass, and in some cases even breaking the sprinkler
line, causing water to be released. If we are to meet the 24' requirement, we'd be reducing our
14' driveway to 11"making this an even larger issue. Especially after a large rainfall, it can make
a huge mess and an eyesore when vehicles can't successfully turn right. It is for this reason we
are asking for this variance approval. Moreover, if possible, we'd like to request 1 more foot of
width (making the internal edges measurement 16), if possible.
Secondarily, to fully execute our plans on the circular driveway, we need the variance for the
pervious pavers to be used in lieu of grass/landscaping. As seen in our design, we are applying
pervious stone with grass between, creating a beautiful hardscape that is a cross between
landscaping and driveway.
As active members of the city of WestU, we want nothing more than to improve the community
in as many ways as we can. As professional builders and designers, we take personal pride in
our own home as an extension of what we do for a living. It is our intent to make this project an
accretive part to our beautiful scenic community, as well as a practical safety solution.
Thank you very much for your consideration.
Yesely Love and Justin Love
West University Place Residents
RP-2020-641639
12,29/2020 ER $30.00
AFTER RECORDING MAIL TO:
Justin Love
6328 Buffalo Speedway
Houston,TX 77005
Prepared By: 'Urteihttueav,nannies..:m .ttblflCRoberf1iG�Vltt �y
10850tRic Ansmond LLC
Richmond Avenue,Suite 350
Houston,TX 77042
GENERAL WARRANTY DEED
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.
THAT Nandan M, Khurd and
"Grantor", called
for and inconsiderationa
of the sum Ten Dollars ($10.00) and other good and vi N. Khurd, husband and wife, vat able
consideration to Grantor in hand paid by Justin Love and Yesely Love,husband and wife,hereinafter
called 'Grantee.",whose mailing address is 6328 Buffalo Speedway,Houston,TX 77005,the receipt and
sufficiency of which is hereby acknowledged,and the further consideration of the execution and delivery
by said Grantee of one certain Promissory Note in the principal sum of Five Hundred Ten Thousand Four
Hundred Dollars($510,400.00),of even date herewith,payable to the order of Network Funding,L.P.,
hereinafter called"Mortgagee",bearing interest at the rate therein provided;said Note containing attorney's
fee clause and various acceleration of maturity clauses in case of default,and being secured by Vendor's Lien
and Superior Title retained herein in favor of said Mortgagee,and also being secured by Deed of Trust of
cr) even date herewith from Grantee to Ruth W. Garner,Trustee, Grantor has GRANTED, SOLD and
M CONVEYED,and by these presents does GRANT,SELL and CONVEY,unto said Grantee,the following
described Property located in Harris County,Texas,to-wit:
CO
The North 1/2 of Lot 4,in Block 21,of WEST UNIVERSITY PLACE,an addition to
the City of Houston,Harris County,Texas,according to the amended map or plat
thereof recorded in Volume 444,Page 560,of the Deed Records of Harris County,
Texas.
Together with Grantor's right, title and interest in all system memberships and/or ownership
certificates in any non-municipal water and/or sewer systems serving said Property.
t
CL Mortgagee has,at the special instance and request of Grantee,paid to Grantor a portion of the
purchase price of the Property hereinabove described,as evidenced by the above described Note,and thus
said Vendor's Lien and Deed of Trust Lien against said Property securing the payment of said Note,are
hereby assigned,transferred and delivered to Mortgagee,Grantor hereby conveying to said Mortgagee the
Page I of 4
(DoD)RA0831779-WDlndv.lx-Rev.09/23/2020
RP-2020-641639
# Pages 5
12/29/2020 04:25 PM
e-Filed & e-Recorded in the
Official Public Records of
HARRIS COUNTY
TENESHIA HUDSPETH
COUNTY CLERK
Fees $30.00
CD
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CADNr
CADi
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0 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.
Jam � co
0�1 n zy 2erf.
�*� COUNTY CLERK
10) s� HARRIS COUNTY,TEXAS
AFTER RECORDING MAIL TO:
Justin Love
6328 Buffalo Speedway
Houston,TX 77005
Prepared By: itt/+tC�twth, t •tWU
R1 Il�idp�
Robertson Anschutz Vetters,LLC GF# r
10850 Richmond Avenue,Suite 350
Houston,TX 77042
GENERAL WARRANTY DEED
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 PUBLIC RECORDS:YOUR SOCIAL SECURITY
NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
THAT Nandan M. Khurd and Janbavi N. Khurd, husband and wife, hereinafter called
"Grantor", for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable
consideration to Grantor in hand paid by Justin Love and Vesely Love,husband and wife,hereinafter
called"Grantee",whose mailing address is 6328 Buffalo Speedway,Houston,TX 77005,the receipt and
sufficiency of which is hereby acknowledged,and the further consideration of the execution and delivery
by said Grantee of one certain Promissory Note in the principal sum of Five Hundred Ten Thousand Four
Hundred Dollars($510,400.00),of even date herewith,payable to the order of Network Funding,L.P.,
hereinafter called"Mortgagee",bearing interest at the rate therein provided;said Note containing attorney's
fee clause and various acceleration of maturity clauses in case of default,and being secured by Vendor's Lien
and Superior Title retained herein in favor of said Mortgagee,and also being secured by Deed of Trust of
even date herewith from Grantee to Ruth W. Garner, Trustee, Grantor has GRANTED, SOLD and
CONVEYED,and by these presents does GRANT,SELL and CONVEY,unto said Grantee,the following
described Property located in Harris County,Texas,to-wit:
The North 1/2 of Lot 4,in Block 21,of WEST UNIVERSITY PLACE,an addition to
the City of Houston,Harris County,Texas,according to the amended map or plat
thereof recorded in Volume 444,Page 560,of the Deed Records of Harris County,
Texas.
Together with Grantor's right, title and interest in all system memberships and/or ownership
certificates in any non-municipal water and/or sewer systems serving said Property.
Mortgagee has,at the special instance and request of Grantee,paid to Grantor a portion of the
purchase price of the Property hereinabove described,as evidenced by the above described Note,and thus
said Vendor's Lien and Deed of Trust Lien against said Property securing the payment of said Note,are
hereby assigned,transferred and delivered to Mortgagee,Grantor hereby conveying to said Mortgagee the
Page I of 4
;DOD)RA0831779-WDlndv.ta-Rev.09/23/2020
said Superior Title to said Property,subrogating said Mortgagee to all the rights and remedies of Grantor in
the Property by virtue of said liens.
TO HAVE AND TO HOLD the above described Property,together with all and singular the rights
and appurtenances thereunto in anywise belonging to said Grantee,Grantee's heirs and assigns,forever,AND
Grantor does hereby bind Grantor, Grantor's successors and assigns, to WARRANT and FOREVER
DEFEND all and singular the said Property unto said Grantee,Grantee's heirs and assigns,against every
person whomsoever lawfully claiming or to claim the same or any part thereof.
NOTWITHSTANDING any provision in this general warranty deed to the contrary,Grantees
acknowledges and agrees that Grantor has not made,does not make and specifically negates and
disclaims any representations,warranties,promises,covenants,agreements or guarantees of any kind
or character whatsoever,whether express or implied,oral or written,past,present or future,of,as
to,concerning or with respect to(a)the value,nature,quality or condition of the Property;(b)the
suitability of the Property for any and all activities and uses of purchaser;(c)the merchantability,
profitability or fitness for a particular purpose of the Property; (d)the manner or quality of the
construction or materials,if any,incorporated into the Property;and(e)the manner,quality,state
of repair or lack of repair of the Property.
**THE REMAINDER OF THIS PAGE INTENTIONALLY Len BLANK**
Page 2 of4
(DoD)RA0831779-WDlndv.tx-Rev 09/23/2020
This conveyance is made subject to all and singular the restrictions, easements, exceptions,
conditions and covenants,if any,applicable to and enforceable against the above-described Property as
shown by the records of said County,as well as ad valorem taxes for current and subsequent years.
But it is expressly agreed that the Vendor's Lien and Superior Title is retained in favor of the Payee
of said Note against the above-described Property and improvements,until said Note and all interest thereon
shall have been fully paid according to the terms thereof,when this Deed shall become absolute.
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,the words"heirs,executors and administrators"or"heirs and assigns"
shall be construed to mean"successors and assigns".
Executed date: 8 - 20 z0
Nandan M.Khurd
Janhavi N.Khurd
Page 3 of 4
(DoD)RA0831779-WDIndv.cv-Rev.0923(2020
State of lie 10.S
County of t r;S p I
This instrument was acknowledged before me on!pawl 2 t D 1 20 20 by Nandan M.
Khurd and Janhavi N.Khurd. LL
Notary Public: check the appropriate box-and only one box-as applicable to this notarial act:
J2" This notarial act is a traditional notarization. The person(s)acknowledging is/are physicallyppearing
before me.
This notarial act is an online notarization.The person(s)acknowledging is/are appearing before me by
an interactive two-way audio and video communication that meets the online notarization requirements
under Subchapter C,Chapter 406,TX Government Code,and rules adopted under that subchapter.
Notary Public(Signature of Notarial Officer)
(Official Seal or Stamp) \W.rotn S
(Printed Name of Notarial Officer)
a...rt ,- ...r .. 1�1
SHARON 5 MILLER My commission expires: ." .-1.- 2.o2-(
- Notary ID#124242587
My Commission Expires
'D-ember 7,2021
Page 4 of 4
(DoD)RA0831779-WDtndv.tx-Rev.09/23/2020
COPYRIGHT 2023 BOWDEN SURVEY CO.
THIS SURVEY IS BEING PROVIDED SOLELY FOR THE USE OF THE CURRENT PARTIES AND THAT NO LICENSE HAS BEEN CREATED.
EXPRESS OR IMPLIED, TO COPY THE SURVEY EXCEPT AS IS NECESSARY IN CONJUNCTION WITH THE ORIGINAL TRANSACTION.
I/21.R. FND BEARS
N14'59521'0.30'
SCALE
1"=30'
a
BLOCK 21 LOT 5 8
LOT 11
4.5'
).-
1/2'7.R.
1/27.R. SET EAST 150.00' 1/21.R. FND Q
I O
15.6'W 0
I. I a 4.0'
RI I NORTH 1/2 OF 33.9" o W
0
'0 I)
LOT 4 'mo Ln o N
~I; I 4.4'
iso
I O O
0
N I N o
Z 19.5'- • Wood Form (A <1
I I
LL
LL-
LOT 12 141 - �,. T 20'I e D
1/21.R. SET WEST 150.00' j 3/81.R. FND m
4.9'
SOUTH 1/2
OF LOT 4 u
2. CBL
ABBREVIATIONS
CBL—CONTROLLING BEARING
UNE
CM-CONTROLLING MONUMENT
LR.—IRON ROO OCH
LP.—IRON PIPE 5/87.R. FND
H.CCF. R KRIS COUNTY U
CLERK FILE LL Pg
NCD.R. HARRIS COUNTY
IMP RECORDS
BL-BU2A'NG LINE 0
CIR-GIPPED IRON ROD l/2 C.LR. FND p
ROW—RIGHT OF NAY ?5.
8
UE—UTILITY EASEMENT
UNE TYPE0
5/8'C.I.R. FTC
O o CHAIN LINK FENCE ,,I5.
v
-/A---#-WOOD FENCE g
LOT 1 5/8 C.LR. FND
NOTE: THIS SURVEY WAS DONE WITHOUT 0
THE BENEFIT OF A 7171E COMMITMENT, DUKE STREET
BUILDING LINES, EASEMENTS OR DEED
RESTRICTIONS WY EXIST. 50.00'R.O.W.
LOT(S): BLOCK: SUBDMSION:
THE NORTH 1/2 OF LOT 4 21 WEST UNIVERSITY PLACE
RECORDATION: COUNTY: STATE: SURVEY:
VOL. 444, PG. 560, H.C.D.R. HARRIS TEXAS N/A
ADDRESS: CITY: EFFECTIVE DATE:
6328 BUFFALO SPEEDWAY HOUSTON, 77005 MAY 3, 2023
PURCHASER: TITLE COMPANY: GF. No.
N/A N/A N/A
I DO HEREBY CERTIFY THAT THIS SURVEY WAS MADE ON THE GROUND I• "'S E 4-, -,�
FOR THE PROPERTY LEGALLY DESCRIBED HEREON (OR ON ATTACHED �aG �'r<o V'\
o� Q°
SHEET) REPRESENTS THE FACTS FOUND AT THIS TIME. %AO a*..
00008oa '
0000ev00000000000000e
1 DAVID L. BOWDEN 1
,oaa o00000000eevoa000009000
A 4864 P;^ ,/
THIS PROPERTY IS NOT IN THE 100 YEAR o,�I�FE ��^`o�'
W- i<o. l 0�
FLOOD ZONE, IS IN ZONE X PER S_ ,
F.I.R.M. MAP No. 48201C 0860 L
06-18-2007
David L. Bowden TX. R.P.L.S. No. 4864
DATED: ViiBowden Survey
FIELD WORK JJ 04-29-2023 PROFESSIONAL SURVEYING SERVICES
DRAFTED BY JA 05-03-2023 ? ,`" 12000 WESTHEIMER ROAD, SUITE 106
JOB No. 23-256 ` 4 ` HOUSTON, TEXAS 77077
PHONE: (281) 531-1900 FAX: (281) 531-4900
KEY MAP No. 532B 1 TBPLS Registration No. 10127400
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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 16, 2023. The hearing may be recessed and continued to a ZBA
meeting set to begin at 6:30 p.m. on December 21, 2023. 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: 6328 Buffalo Speedway.,Houston,TX 77005
Legal Description: TR 4 BLK 21 WEST UNIVERSITY PLACE SEC 1 OF WEST
UNIVERSITY,Harris County,TX
Docket Number: 2023-0012
Applicant: Yesely&Justin Love
Action Requested: Requesting a variance to allow a circular driveway to be constructed
with the inside edges of each driveway approach separated by a
distance of 18 feet where 24 feet is required.
Requesting a variance to allow pervious pavers to be utilized in lieu of
natural vegetation or landscaped area to satisfy the minimum 50%
front yard pervious area requirement.
Additional Details: A single-family home has requested two (2) Variances to facilitate the
construction of a new circular driveway. A variance to reduce the minimum
separation distance between each driveway approach to allow for wider
driveways. A Variance to permit the use of pervious pavers where natural
vegetation or landscaped area is required to satisfy the minimum front yard
pervious area requirement of 50%.
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 Public Works Director at 713-662-5846 in advance of the meeting. Reasonable accommodations
will be made to assist your participation in the meeting. The Municipal Building is wheelchair accessible from the
West and Southwest entrances and specially marked parking spaces are available in the Southwest parking area.
Signed: John McGowan,Building Official~for the ZBA posted and mailed on or before November 6,2023.
JaYwv McGawa w
j mcgowan@westutx.gov
713-662-5830
3826 Amherst St. www.westutx.gov
West University Place, TX 77005
713-662-5830
LOVE JUSTIN &YESELY GOFF JOANNE M JOHNSON JAMES P &SUNGI J
6328 BUFFALO SPWY 6324 BUFFALO SPWY 6320 BUFFALO SPWY
HOUSTON TX 77005-3310 HOUSTON TX 77005-3310 HOUSTON TX 77005-3310
MAJOR REVOCABLE TRUST SONG WEI & RAN XU SPENCER RICAHRD L
6316 BUFFALO SPWY 156 E CONCORD VALLEY CIR 6332 BUFFALO SPWY
HOUSTON TX 77005-3310 (C/O 6330 BUFFALO SPWY) HOUSTON TX 77005-3310
SPRING TX 77382-1394
GRODJESK HARVEY& ELLEN LOPEZ ALBERTO SALAS ANNA MARIA BRADY JETT R & MARY C
6336 BUFFALO SPWY 6350 BUFFALO SPWY 6357 BUFFALO SPWY
HOUSTON TX 77005-3310 HOUSTON TX 77005-3310 HOUSTON TX 77005-3309
GRAY ROLLAND H &VANESSA R GRAY ROLLAND H &VANESSA R 6323 BUFFALO SPWY TR
6339 BUFFALO SPWY 6333 BUFFALO SPWY PO BOX 270442
HOUSTON TX 77005-3309 HOUSTON TX 77005-3309 (C/O 6323 BUFFALO SPWY)
HOUSTON TX 77277-0742
TILLMAN VANCE R SR & KRISTEN K BOCIRNEA CRISTINA 6317 BUFFALO SPWY LLC
6321 BUFFALO SPWY 6319 BUFFALO SPWY 2402 SUNSET BLVD
HOUSTON TX 77005-3309 HOUSTON TX 77005-3309 (C/O 6317 BUFFALO SPWY)
HOUSTON TX 77005-1432
SIEGEL ADAM & KIMBERLY PENA ROBERTO MATAMOROS REBECA FGCD HOLDINGS LP
6315 BUFFALO SPWY 6311 BUFFALO SPWY PO BOX 273084
HOUSTON TX 77005-3309 HOUSTON TX 77005-3309 (C/O 3131 UNIVERSITY BLVD)
HOUSTON TX 77227-3084
SHOSS RONALD M &GAIL ADKINS JOHN D II &JESSSICA N AYERS JR ROBERT C& DIANA
6343 RUTGERS AVE 6331 RUTGERS AVE 6329 RUTGERS AVE
HOUSTON TX 77005-3317 HOUSTON TX 77005-3317 HOUSTON TX 77005-3317
CURRENT OWNER PERRY JOHN EDDIE &JUDYE GARROU MARSHALL B&AMY C
6325 RUTGERS AVE 6321 RUTGERS AVE 6317 RUTGERS AVE
HOUSTON TX 77005-3317 HOUSTON TX 77005-3317 HOUSTON TX 77005-3317
MAJOR CALDER &ANITA MAKERT NORBERT& MARY AGRAWAL ALPNA
MAJOR REVOCABLE TRUST 3219 UNIVERSITY BLVD 3123 UNIVERSITY BLVD
6319 RUTGERS AVE HOUSTON TX 77005-3351 HOUSTON TX 77005-3429
HOUSTON TX 77005-3317
DV1 LLC WALLIS CHRISTOPHER D & KRISTIN A
3201 UNIVERSITY BLVD 6355 RUTGERS AVE
HOUSTON TX 77005-3351 HOUSTON TX 77005-3317