HomeMy WebLinkAbout12072023 BSC Agenda Item 5 City of
J
West University
Place Public Works Department
To: The Building and Standards Commission
From: John McGowan,Building Official
Date: December 07,2023
Re: Staff Report for Docket 2023-0013,3602 Georgetown Street
Applicant's Request:
The applicant in Docket #2023-0013 — 3602 Georgetown Street, requests that the Building and Standards
Commission (the "BSC") approve a variance from the city's Code of Ordinances to allow the construction of a
detached side-street entry garage structure with the garage door setback from the side street property line by a
distance of 10 feet where 18 feet is required.
Background Information:
The applicant has proposed a project to construct a new side-street entry garage for a home located at 3602
Georgetown Street. The applicant submitted a proposed site plan to city staff indicating a garage door setback of
10 feet and were subsequently informed that a minimum separation distance of 18 feet would be required from
the garage door to the side-street property line. The applicant stated to city staff that in their opinion the proposed
garage should be allowed to be rebuilt at the former garage door setback of 10 feet.
Sec. 70-60(c).—General driveway and sidewalk requirements.
(c) On side street entry garages, the garage door must be a minimum of 18 feet from the property line
abutting the side street.
Staff Recommendation:
City staff makes a recommendation for the denial of this variance based on the grounds that the applicant has not
adequately demonstrated an evident hardship.
Variance Request
The BSC may not issue a variance unless it affirmatively fids all of the following:
(1) The imposition of the requirement imposes an exceptional hardship upon the applicant. It is the general
intent of this section that financial cost, alone,would not ordinarily constitute an exceptional hardship.
(2) No reasonable and feasible method or procedure is currently available to comply with the requirement.
(3) The imposition of the requirement is unjustified because of good and sufficient cause demonstrated to the
BSC.
(4) The variance will not introduce or increase any threat to public health or safety.
(5) The variance is consistent with the purpose and intent of the ordinance in question.
3826 Amherst St. www.westutx.gov
West University Place, TX 77005
713-662-5830
City of
West University
Place Public Works Department
(6) The variance will not cause a nuisance and will not unreasonably interfere with the use of nearby property.
(7) The variance will not cause a fraud to be worked upon the public or any individual.
(8) The variance will not cause an increase in public expenditures or budgets.
(9) The variance will not create an irreconcilable conflict with any other ordinance,law,rule or regulation.
The BSC may approve,deny or approve with conditions a variance.
3826 Amherst St. www.westutx.gov
West University Place, TX 77005
713-662-5830
A crt
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City of West University Place
APPLICATION TO THE BUILDING AND STANDARDS COMMISSION
OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS ("CITY")
rexns
Address of site: 3602 GEORGETOWN STREET
Legal description of the site: EAST ONE-HALF OF LOT 6, BLOCK 63, SECOND ADDITION TO
WEST UNIVERSITY PLACE
Applicant: Vickie Milazzo & Tom Ziemba
Address:2726 Bissonnet St Ste 240 PMB 632
Contact: Vickie Milazzo
Phone: 713.504.8817 Fax:
Email Address: VickieMilazzoC@VLMConsultants.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 building official (or
other administrative official)of the City.
• Name and title of 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 code of ordinance section(s) involved:
• Grounds for appeal:
( )Special Exception.
• Exact code of ordinance section that authorizes the special exception:
• Exact wording of special exception requested:
(X)Variance.
• Exact code of ordinance section from which a variance is requested: SEC. 70-60, Item (C)
Requesting a variance to allow the construction of a side-street entry
• Exact wording of variance requested: garage with the proposed garage door positioned 10 feet from the
side-street property line,where a minimum of 18 feet is required.
Other Data. Are there drawings or other data? ( )No (X)Yes (list items here and attach them)
Narrative, Survey, Site Plan,Title, Proof of Ownership, Proof of Title Insurance
State of l vtCa-S County of Harr s
This instrument was acknowledged before me on d C-bb€h' 20 2:3
by \�L c 1M; la o Tarn?z-,:ewt.ba
(Seal) �..0,,�V%j', CATHERINE SEIDENBERG
a° +sNotary Public,State of Texas
r'-‘ °• rr`.1 Comm.E it s07- 6-2
My cortm'tailim°expilt Pry I i��as75 V/ ' 3 Notary
I� 2, (� , Public
*****$500 FILI /FEE. PROVIDE •RI, AL PLUS 15 COPIES (16 TOTAL) OF ALL SUBMITTALS"'`*'"'
Signature of applicant: )P(AV ` Date: I a4 �- ? l 2.3
/
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For Staff Use only Date filed: Date heard: 1 Ow—) Docket#:
Form BSC-102
DILLON KYLE ARCHITECTS
Memo
To: Building and Standards Commission-City of West University Place
Project: 3602 Georgetown Street
Date: October Stn,2023
Subject: Variance Request
On behalf of Vickie Milazzo and Tom Ziemba, the owners of the property at 3602 Georgetown
Street,we respectfully request a variance from the municipal ordinance for the following:
A new single-family residence is proposed for the residential property at 3602 Georgetown
Street in West University Place at the corner of Georgetown Street and Mercer Street. We
propose to maintain a 10'-0" setback from the property line to the face of the garage door. The
previous house, which was demolished under a separate permit, had a 10' setback which is
evident from the driveway approach and curb cut at Mercer Street,which was not demolished.
The proposed garage entry and door location is in the same location and has the same setback.
1. We believe the requested variance serves the public interest by maintaining setbacks of
the existing garages along Mercer Street. Running N-S from Albans Street down to
Amherst Street, properties along the west side maintain a 10'-0" setback from property
line to face of garage door. This is easily identified on the adjacent building at 3601
Plumb Street (see Exhibit A) and [Ref Table 7-4a]. Placing the garage at the 10'-0"
setback instead of an 18'-0" setback requires additional paving,whereas maintaining a
10'-0" setback means more permeable landscape which would absorb more rainwater
on-site and add green space consistent with the character of the neighborhood.
2. Enforcement of the ordinance as written that requires an 18'-0" setback from property
line to face of garage door[REF Sec 70-60, item (c)]would burden the owner of the
property with a larger driveway and a restricted mechanical yard,which would require a
redesign that necessitates additional impermeable space and a loss in green space.
3. We believe the spirit of the ordinance is preserved with the proposed garage door
setback in that the language of Mercer Street is maintained and the driveway paving on-
site is limited to that which was pre-existing. The proposed design provides the
required on-site parking that does not impede nor obstruct pedestrian or vehicular
passage [Ref Article 10 Section 10-100].
1500 W.Alabama Street,Houston,TX 77006 PAGE 1 of 1 713.520.8792 dkarc.com
G .1V17. .T376661900519 CHARTER T1RLE
ADDRESS_ 3802.GEORGETOWN STREET
HOUSTON, TEXAS 77005
BUYER; THOMAS M. ZIEMBA AND
VICKIE L. M1L AZZ'D
THE EAST 1/2 OF LOT 6
BLOCK 63
SECOND ADDITION TO WEST UNIVERSITY PLACE 1.:71..C:::
A SUSDIVMSIO N IN HARRIS COUNTY, TEXAS f,N
ACC'ORDI,YO TCS THE AMP OR PLAT THEREOF RECORDED
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MERGER ...e."m.
RP-2020-44216
01/31/2020 ER $24.00
Charter Title Company
GF# 1QTh'66 le00StQ
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
Date: Januar , 2020
Grantor: 3602 Georgetown Holdings. LLC,
a Texas limited liability company
Grantor's Mailing Address: 4723 Ingersoll Street
Houston, Texas 77027
Grantees: Vickie L. Milazzo and Thomas M. Ziemba, wife and husband
Grantees' Mailing Address: 2726 Bissonnet Street, Suite 240 PMB 632
Houston, Texas 77005
Consideration: The sum of$10.00 and other good and valuable consideration
paid by Grantee to Grantor, the receipt and sufficiency of which
t is hereby acknowledged.
Property (including improvements
and appurtenant easements, if any): Real property located in Harris County, Texas and legally
described as: the East one-half(E '/) of Lot Six (6), in Block
Sixty Three (63), of Second Addition to West University Place,
an addition in Harris County, Texas according the to Map or
Plat thereof recorded in Volume 538. Page 147 of the Deed
Records of Harris County, Texas. together with all buildings.
improvements, and fixtures situated thereon (collectively, the
"Property,.).
Exceptions to Conveyance
and Warranty: Subject to all matters set forth on Exhibit A attached hereto and
incorporated herein by this reference and taxes for 2020 which,
having been prorated, are hereby assumed by Grantee.
Grantor, for the Consideration and subject to the Exceptions to Conveyance and Warranty. grants.
sells. and conveys to Grantee the Property, together with all and singular the rights and appurtenances
thereto in any wise belonging, to have and hold it to Grantees and Grantees' successors or assigns
forever. Grantor bind Grantor and Grantor's heirs, executors, administrators, and successors to warrant
1
056515 000004
377-5495056 I
and forever defend all and singular the Property to Grantees and Grantees' successors and assigns against
every person whomsoever lawfully claiming or to claim the same or any part thereof, except as to the
Exceptions to Conveyance and Warranty.
When the context requires, singular nouns and pronouns include the plural.
EXECUTED AND DELIVERED AS OF THE DATE SET FORTH ABOVE.
GRANTOR
3602 Georgetown Holdings, LLC,
a Texas limited li. : lity company
By:
Scott S. Fra ier, sole Manager
THE STATE OF TEXAS §
COUNTY OF HARRIS §
147.
This instrument was acknowledged before me on thP/ day of January. 2020 by Scott S.
Frasier. sole Manager of 3602 Georgetown Holdings, LLC, a Texas limited liability company, on
behalf of said company.
I-
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GALBRAITH
_% u tpf 1465088 Notary Public, State of Texas
** * NOTARY PUBLIC,STATE OF TEXAS
OfUST My commission expires on:
MY GOMMIBSION EAT.,
20
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bClr,�ll�l
2
056515 000004
377-5495056 I
Exhibit A
The following restrictive covenants of record:
As set forth in Dedication and Map recorded in Volume 538, Page 147. Deed Records of Harris County, Texas.
and as set forth by instrument(s)recorded in Volume 1070, Page 222, of the Deed Records of Harris County,
Texas.
A building set-back line, as disclosed by R741 57 3
Affects: 30 feet along with front property line.
A building set-back line, as disclosed by R741 57 3
Affects: 5 feet along with both side property lines,
A building set-back line, as disclosed by R741 57 3
Affects: 20 feet along the rear property line,
Easement(s)for the purpose(s)shown below and nghts incidental thereto, as granted and defined in a
document:
Granted to: City of Houston
Purpose: water, sewer, and gas mains
Recording No: Volume 680. Page 157 and Volume 686, Page 279 of the Deed Records of Hams County,
Texas,,
Any and all Zoning Ordinances in force by the City of West University Place, including Ordinance recorded
in Volume 1075, Page 485, of the Deed Records of Harris County, Texas, and under Harris County
Clerk's File No. R741571
3
056515 0000N
377-5495056 1
RP-2020-44216
# Pages 4
01/31/2020 08:04 AM
e-Filed & e-Recorded in the
Official Public Records of
HARRIS COUNTY
DIANE TRAUTMAN
COUNTY CLERK
Fees $24.00
4
r
r
4
4
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.
ti /\ COUNTY CLERK
) S� HARRIS COUNTY,TEXAS
GF No.: ch-7666-1076661900519
REQUEST FOR ABSENTEE NOTARY/SIGNUP
Date: January 27, 2020
Seller: 3602 Georgetown Holdings LLC
Buyer: Vickie L. Milazzo and Thomas M. Ziemba
Property: 3602 Georgetown St., Houston, TX 77005
The undersigned party does here by request an absentee notary conduct the signing ceremony for the documents
necessary to consummate the above referenced real estate transaction.
The undersigned party is aware the absentee notary will charge an estimated One Hundred Fifty And No/100
Dollars ($150.00) at closing, which is non-refundable regardless of whether the transaction is ultimately
consummated or canceled.
The absentee notary is being provided at the request of the undersigned party and by the signing below that party
agrees to pay for the services rendered.
Q Check here if using Bancsery
The absentee notary you requested that will conduct the signing is from Bancserv, an affiliate under common
control of the same corporate parent as this company that is closing your escrow transaction (your "Escrow
Company"). Because of this relationship, your Escrow Company may derive a financial or other benefit by your
use of Bancserv.
The undersigned party is aware Bancsery will charge the amount estimated above for its services. You are NOT
required to use Bancs cv as a condition for settlement of your loan or your purchase, sale or refinance transaction.
viJ
ckie,L. M / 2
Thomas M. Ziernba ..- ='J'
REQUEST FOR ABSENTEE NOTARY/SIGN UP C}inrter'Ble
TXFNFESC_ftequestForAbsenteeNaiarySignup,doc
L.'mrpmaw
1
Harris County Appraisal Cistrirt
Information&Assistance Division REQUEST TO CORRECT NAME OR ADDRESS ON A
P.O. Box 922010 Houston TX REAL PROPERTY ACCOUNT
77292-2010
FORM 25.25(b)RP tastta) Account Number: 055 070030012 Tax Year. 2020
You may use this form to ask the Harris County 6.ppra+sal District to correct
the owner's name or the mailing address on a teai property account. After
completing the form mail it back to the Harris County Appraisal District at
the address above. If you are delivering this form bring it to our Information
&Assistance Division located at 13013 Northwest Fwy. If you have any
questions, please call(713)957-7800
Please Print or Type all information
l Change to new owner* ('-' Correct error in existing owner's name
6 Iii r Update or correct owner's mailing address j-- Update or correct property location address
H *If requesting a change in ownership, attach copy of deed or other evidence of title, such as a closing
statement,to this form.
Owner's Name
Vickie L.Milazzc and Thomas M.Ziemba
p Mailing Address
L R 2726 Bissonet Street 240 MIS 632
(City State Zip Code
o C Houston TX 77005
Daytime Telephone(area code and number) Evening Telephone(area code and number)
•
•
Legal Desciption . [ Purchase Date(if applicable)
Tract 6-A,Block 63,West University Place,Section 2 01130/20
c From Whom Purchased
>, 0
3602 Georgetown Holdings LLC
`•-' 0 u Property Location Address Acreage or Square Footage
a.. ® 3602 Georgetown St.
City State Zip.Code ----i
1_ Houston TX 77005
I
r., If you did not purchase-entire tract currently shown on HCAD records, please check here.
4 COPY OF DEED MUST DE PROVIDED
l
c I am owner of tie:property described above and request the Harris County Appraisal District to correct its
GN C...„1-, ,4 0 records to;efieCt-t a inf7 r, at', n listed above. ;
'- Siture sr; E l t ' ' l/3o C%
fl
9 1�� L Date A
Printed Name I 2.70 ` (`>rngr O. - -r4"-)e Title C:a-cDwnj((t_
Any person who makes a false entry upon the foregoing record may be subject to one of the following penalties:
1) confinement in jail for a term up to 1 year or a fine not to exceed$3;000 or both such fine and imprisonment;
2,)confinement of up to 1 year in a community correctional facility; 3}imprisonment of not more than 10 years and/or
a fine of not more than$10,000 or both such fine and imprisonment as set forth in Section 37.10,Penal Code.
TEXAS RESIDENTIAL
OWNER'S POLICY OF TITLE INSURANCE
ONE-TO-FOUR FAMILY RESIDENCES (T-1R)
Issued By: Policy Number:
Fidelity National Title Insurance 1076661900519-01 ks
" ; Company
OWNER'S INFORMATION SHEET
Your Title Insurance Policy is a legal contract Su POliza de Seguro de Titulo es un contrato legal entre usted y
between you and Fidelity National Title Insurance Fidelity National Title Insurance Company. Esta pOliza no es una
Company. This policy is not an opinion or report of opinion o reporte en relaciOn a su titulo de propiedad. Es un
your title. It is a contract of indemnity, meaning a contrato de indemnificaciOn, esto es, la promesa de reembolsarle o
promise to pay you or to take other action if you de tomar cualquier otro tipo de acciOn si usted sufre una perdida
have a loss resulting from a covered title risk. como resultado de cualquier riesgo cubierto por la pOliza.
It applies only to an improved one to-four family Esta forma de pOliza ha sido designada para ser utilizada
residential property or condominium unit. If your exclusivamente en los casos de propiedades en las cuales hay
land is not either of these, contact us construidas viviendas para no más de cuatro familias o en los
immediately. casos de unidades en condominios. Si su propiedad no es ninguna
de las anteriores, por favor, notifiquenos inmediatamente.
We insure you against certain risks to your land title. We list these risks on page 3. The following limit your coverage:
Exclusions on page 3.
Exceptions on Schedule B.
Conditions on pages 3 through 5.
You should keep the policy even if you transfer the title to your land. If you want to make a claim, see Section 3 under
Conditions on page 3.
You do not owe any more premiums for the Policy.
This sheet is not your insurance Policy. It is only a brief outline of some of the important Policy features. The Policy
explains in detail your rights and obligations and our rights and obligations. The Policy—and not this sheet— is the legal
document. YOU SHOULD READ THE POLICY VERY CAREFULLY.
THE TOLL-FREE NUMBER OF FIDELITY NATIONAL TITLE INSURANCE COMPANY IS 1-800-442-4303. YOU MAY
CALL THIS NUMBER TO DISCUSS THIS POLICY OR TO MAKE A COMPLAINT. YOU MAY WRITE TO FIDELITY
NATIONAL TITLE INSURANCE COMPANY AT THE ADDRESS IN SECTION 3 UNDER CONDITIONS ON PAGE 3.
FORM T-1 R: Texas Residential Owner's Policy of Title Insurance One-to-Four Family
Residences(01/03/14) TX---SPS-2709743-1-20-1076661900519
FIDELITY NATIONAL TITLE INSURANCE COMPANY POLICY NO.: 1076661900519-01 ks
(continued)
TABLE OF CONTENTS
Page
OWNER'S COVERAGE STATEMENT 2
COVERED TITLE RISKS 2
OUR DUTY TO DEFEND AGAINST COURT CASES 2
SCHEDULE A 6
POLICY NUMBER, DATE AND AMOUNT 6
1. Name of Insured 6
2. Interest in Land Covered 6
3. Description of the Land 6
SCHEDULE B—EXCEPTIONS 7
EXCLUSIONS 3
CONDITIONS 3-5
1. Definitions 3
2. Continuation of Coverage 3
3. Your Duties if You Make a Claim 3
4. Our Choices When You Notify Us of a Claim 4
5. Handling a Claim or Court Case 4
6. Limitation of Our Liability 4
7. Transfer of Your Rights 5
8. Arbitration 5
9. Entire Contract Provision 5
FORM T-1 R: Texas Residential Owner's Policy of Title Insurance One-to-Four Family
Residences(01/03/14) TX---SPS-2709743-1-20-1076661900519
FIDELITY NATIONAL TITLE INSURANCE COMPANY POLICY NO.: 1076661900519-01 ks
(continued)
OWNER'S COVERAGE STATEMENT
This Policy insures your title to the land described in Schedule A-if that land is a one-to-four family residential property or condominium unit.
Your insurance,as described in this Coverage Statement,is effective on the Policy Date shown in Schedule A.
This document is title insurance. It is not an opinion or report of your title. It is a contract of indemnity, meaning a promise to pay you or take other
action if you have a loss resulting from a covered title risk.
• Exclusions on page 3.
• Exceptions in Schedule B,page 7.
• Conditions on pages 3 thru 5.
We insure you against actual loss resulting from:
• Any title risks covered by this Policy--up to the Policy Amount, and
• Any costs,attorneys'fees and expenses we have to pay under this Policy.We must approve the attomey before the attomey begins to work.
You have the right to disapprove our choice of attomey for reasonable cause.
COVERED TITLE RISKS
This Policy covers the following title risks subject to the Exceptions (p. 7)and Exclusions (p. 3), if they affect your title to the land on the Policy Date.
We do not promise that there are no covered risks.We do insure you if there are covered title risks.
1. Someone else owns an interest in your title.
2. A document is invalid because of improper signature,acknowledgment,delivery,or recording.
3. A document is invalid because of forgery,fraud,duress,incompetency, incapacity or impersonation.
4. Restrictive covenants apply to your title.
5. There is a lien on your title because of:
• a mortgage or deed of trust,
• a judgment,tax,or special assessment,or
• a charge by a homeowner's or condominium association.
6. There are liens on your title for labor and material which have their inception before the policy date. However,we will not cover liens for labor and
material that you agreed to pay for.
7. Others have rights in your title arising out of leases,contracts or options.
8. Someone else has an easement on your land.
9. You do not have good and indefeasible title.
10. There are other defects in your title.
11. There are other liens or encumbrances on your title.
This Policy also covers the following title risk:
You do not have any legal right of access to and from the land.
OUR DUTY TO DEFEND AGAINST COURT CASES
We will defend your title in the part or parts of a court case involving a Title Risk covered by this Policy. We will pay the costs, attorneys' fees, and
expenses that we incur in that defense. We will not pay for the parts of a case not involving a covered title risk. You may disapprove our choice of
attorney for reasonable cause.
We can end this duty to defend your title by exercising any of our options listed in Item 4 of the Conditions,see page 4.
This Policy is not complete without Schedules A and B.
An authorized party also must countersign this Policy.
Fidelity National Title Insurance Company
By:
Issued By:
Charter Title Company
President
0,LE
• -4,:kAttest:
. ,Q SEAL i •
s y
O
aut
Kimberly Siegel Secretary
FORM T-1 R: Texas Residential Owner's Policy of Title Insurance One-to-Four Family
Residences(01/03/14) TX---SPS-2709743-1-20-1076661900519
IMPORTANT NOTICE AVISO IMPORTANTE
To obtain information or make a complaint: Para obtener informaciOn o para presentar una
queja:
You may call Fidelity National Title Insurance Usted puede Ilamar al numero de telefono gratuito
Company's toll-free telephone number for de Fidelity National Title Insurance Company's para
information or to make a complaint at: obtener informacion o para presentar una queja al:
1-877-862-9111 1-877-862-9111
You may contact the Texas Department of Usted puede comunicarse con el Departamento de
Insurance to obtain information on companies, Seguros de Texas para obtener informaciOn sobre
coverages, rights, or complaints at: companias, coberturas, derechos, o quejas al:
1-800-252-3439 1-800-252-3439
You may write the Texas Department of Usted puede escribir al Departamento de Seguros
Insurance: de Texas a:
P.O. Box 149104 P.O. Box 149104
Austin, TX 78714-9104 Austin, TX 78714-9104
Fax: (512)490-1007 Fax: (512)490-1007
Web: www.tdi.texas.qov Sitio web: www.tdi.texas.qov
E-mail: ConsumerProtection@tdi.texas.gov E-mail: ConsumerProtection(a�tdi.texas.gov
PREMIUM OR CLAIM DISPUTES: DISPUTAS POR PRIMAS DE SEGUROS 0
Should you have a dispute concerning your RECLAMACIONES:
premium or about a claim you should contact Si tiene una disputa relacionada con su prima de
the company first. If the dispute is not seguro o con una reclamaciOn, usted debe
resolved, you may contact the Texas comunicarse con la compania primero. Si la
Department of Insurance. disputa no es resuelta, usted puede comunicarse
con el Departamento de Seguros de Texas.
ATTACH THIS NOTICE TO YOUR POLICY: ADJUNTE ESTE AVISO A SU POLIZA:
This notice is for information only and does not Este aviso es solamente para propOsitos
become a part or condition of the attached informativos y no se convierte en parte o en
document. condicion del documento adjunto.
Texas Form B-0023-07 Important Notice(06/01/15)
FIDELITY NATIONAL TITLE INSURANCE COMPANY POLICY NO.: 1076661900519-01 ks
TEXAS RESIDENTIAL
OWNER'S POLICY OF TITLE INSURANCE
ONE-TO-FOUR FAMILY RESIDENCES (T-1R)
SCHEDULE A
Policy Number: 1076661900519-01 ks GF No.: ch-7666-1076661900519
Policy Date: January 31, 2020 at 08:04 AM
Policy Amount: $1,325,000.00
Premium: $6,982.00
1. Name of Insured:
Vickie L. Milazzo and Thomas M. Ziemba
2. We insure your interest in the land covered by this Policy is:
Fee Simple
3. Legal Description of land:
The East One-half(E.1/2)of Lot Six (6), in Block Sixty-Three (63), of SECOND ADDITION TO WEST
UNIVERSITY PLACE, an addition in Harris County, Texas, according to the Map or Plat thereof recorded in
Volume 538, Page 147, of the Deed Records of Harris County, Texas.
END OF SCHEDULE A
FORM T-1 R: Texas Residential Owner's Policy of Title Insurance One-to-Four Family
Residences(01/03/14) TX---SPS-2709743-1-20-1076661900519
FIDELITY NATIONAL TITLE INSURANCE COMPANY POLICY NO.: 1076661900519-01 ks
SCHEDULE B
EXCEPTIONS
Policy No.: 1076661900519-01 ks GF No.: ch-7666-1076661900519
We do not cover loss, costs, attorneys'fees and expenses resulting from:
1. The following restrictive covenants of record itemized below(We must either insert specific recording data or
delete this exception):
As set forth in Dedication and Map recorded in Volume 538, Page 147, Deed Records of Harris County, Texas,
and as set forth by instrument(s) recorded in Volume 1070, Page 222, of the Deed Records of Harris County,
Texas.
Omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion,
sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, or source of
income, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is
permitted by applicable law.
2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments or protrusions, or any
overlapping of improvements.
3. Homestead or community property or survivorship rights, if any, of any spouse of any Insured.
4. Any title or rights asserted by anyone, including, but not limited to, persons, the public, corporations, governments
or other entities,
a. to tidelands, or lands comprising the shores or beds or navigable or perennial rivers and streams, lakes,
bays, gulfs or oceans, or
b. to lands beyond the line of theharbor or bulkhead lines as established or changed by any government, or
c. to filled-in lands, or artificial islands, or
d. to statutory water rights, including riparian rights, or
e. to the area extending from the line of mean low tide to the line of vegetation, or the rights of access to that
area or easement along and across that area.
5. Standby fees, taxes and assessments by any taxing authority for the year 2020, and subsequent years; and
subsequent taxes and assessments by any taxing authority for prior years due to change in land usage or
ownership, but not those taxes or assessments for prior years because of an exemption granted to a previous
owner of the property under Section 11.13, Texas Tax Code, or because of improvements not assessed for a
previous tax year.
6. The following matters and all terms of the documents creating or offering evidence of the matters (We must insert
matters or delete this exception):
a. Intentionally Deleted.
b. A building set-back line, as disclosed by R741573
Affects: 30 feet along with front property line.
c. A building set-back line, as disclosed by R741573
FORM T-1 R: Texas Residential Owner's Policy of Title Insurance One-to-Four Family
Residences(01/03/14) TX---SPS-2709743-1-20-1076661900519
FIDELITY NATIONAL TITLE INSURANCE COMPANY POLICY NO.: 1076661900519-01 ks
SCHEDULE B
EXCEPTIONS
(continued)
Affects: 5 feet along with both side property lines.
d. A building set-back line, as disclosed by R741573
Affects: 20 feet along the rear property line.
e. Easement(s)for the purpose(s)shown below and rights incidental thereto, as granted and defined in a
document:
Granted to: City of Houston
Purpose: water, sewer, and gas mains
Recording No: Volume 680, Page 157 and Volume 686, Page 279 of the Deed Records of Harris County,
Texas.,
f. Any and all Zoning Ordinances in force by the City of West University Place, including Ordinance recorded
in Volume 1075, Page 485, of the Deed Records of Harris County, Texas, and under Harris County
Clerk's File No. R741573.
g. Intentionally Deleted
FORM T-1 R: Texas Residential Owner's Policy of Title Insurance One-to-Four Family
Residences(01/03/14) TX---SPS-2709743-1-20-1076661900519
FIDELITY NATIONAL TITLE INSURANCE COMPANY POLICY NO.: 1076661900519-01 ks
EXCLUSIONS
In addition to the Exception in Schedule B,we do not insure you against loss,costs,attorneys'fees,and expenses resulting from these Exclusions:
1. We do not cover loss caused by the exercise of governmental police power or the enforcement or violation of any law or government regulation.
This includes building and zoning ordinances and laws and regulations concerning:
a. Land use
b. Improvements on the land
c. Land division
d. Environmental protection
This exclusion does not apply to notices of violations or notices of enforcement that appear in the public records at Policy Date. However, there
may be an Exception in Schedule B.
2. We do not cover the right to take the land by condemning it, unless:
a. a notice of exercise of the right appears in the public records on the Policy Date,or
b. the taking happened before the Policy Date and is binding on you if you bought the land without knowing of the taking.
3. We do not cover title risks:
a. that are created,allowed,or agreed to by you,
b. that are known to you,but not to us on the Policy Date unless they appeared in the public records,
c. that result in no loss to you,or
d. that first affect your title after the Policy Date--this does not limit the labor and material lien coverage in item 6 of the Covered Title Risks.
4. We do not cover the effect of failure to pay value for your title.
5. We do not cover lack of a right:
a. to any land outside the area specifically described and referred to in item 3 of Schedule A.
b. in streets,alleys,or waterways that touch your land.
This exclusion does not limit the access coverage in the Covered Title Risks.
6. We do not cover any claim based upon allegations that your purchase of title(or acquisition of title by gift or otherwise):
a. was a fraudulent conveyance,fraudulent transfer,voidable distribution,or voidable dividend;
b. should be subordinated or recharacterized as a result of equitable subordination;
c. was a preferential transfer unless
(1) the Company or its issuing agent failed to timely file for record the deed to you after delivery or
(2) the recordation of the deed to you is not legal record notice.
(We do cover the two types of claims described in c. (1)and c.(2)above.)
7. We do not cover the refusal of any person to buy,lease or lend money on your land because of unmarketability of the title.
8. We do not cover claims concerning the physical condition of your land or of the access to your land.
CONDITIONS
1. DEFINITIONS
a. Actual Loss.This is the difference between the value of your land without the covered title risk and the value of your land with the covered
title risk.These values are the respective values at the time you must furnish proof of your loss.
b. Document.A deed or other conveyance of title to you or a prior owner.
c. Easement.A portion of your land someone else has the right to use for a special purpose.
d. Government Regulation.Any federal,state,or local law,constitutional provision,regulation,ordinance,or guideline.
e. Land.The land or condominium unit described in Schedule A and any improvements on the land that are real property.
f. Knowledge or known.Actual knowledge,not constructive knowledge or notice that may be imputed to an insured by the public records.
g. Mortgage.A type of lien on the land such as a deed of trust or other security instrument.
h. Public Records.Those records required by Texas law and maintained by public officials in the county where the property is located that give
legal notice of matters affecting your title.
i. Title.The ownership interest in the land,as shown in Schedule A.
j. We,us or our.The title insurance company.This is Fidelity National Title Insurance Company.
k. You,your.The insured.
2. CONTINUATION OF COVERAGE
We insure you as long as you:
a. own your Title,
b. own a mortgage from anyone who buys your Title,or
c. are liable for any Title warranties you make.
We insure your transferee or assignee only as follows:
a. a person who inherits the original named insured's title on the original named insured's death;
b. the original named insured's spouse who receives title in a dissolution of marriage with the original named insured;
c. the trustee or successor of a trust established by the original named insured to whom the original named insured transfers title after the date
of policy;or
FORM T-1 R: Texas Residential Owner's Policy of Title Insurance One-to-Four Family
Residences(01/03/14) TX---SPS-2709743-1-20-1076661900519
•
FIDELITY NATIONAL TITLE INSURANCE COMPANY POLICY NO.: 1076661900519-01 ks
(continued)
d. the beneficiaries of a trust described by Subdivision(c)on the death of the original named insured.
3. YOUR DUTIES IF YOU MAKE A CLAIM
You must follow this process to make a claim:
a. You Must Give Us Notice Of Your Claim.
If anyone claims a right against your insured title,you must notify us promptly.
Send the notice to National Claims Administration, P.O. Box 45023, Jacksonville, FL 32232-5023 or call 1-877-862-9111and ask for a
claims attorney. If you initially notify us by phone,we recommend that you also notify us in writing. Please include the Policy number shown
in Schedule A,and the county where the land is.
Our obligation to you is reduced or ended if:
(1) you fail to give prompt notice,and
(2) your failure affects our ability to dispose of or to defend you against the claim.
Our obligation is reduced only to the extent that your failure affects our ability to dispose of or to defend you against the claim.
b. You Must Give Us Proof of Your Loss if We Request It.
You must send to us,if we request,your signed proof of loss within 91 days of our request on a standard form supplied by us.Within 15 days
after we receive your notice of claim,we must request a signed proof of loss. If not,we waive outright to require a proof of loss.This waiver
will not waive our other rights under the policy.The statement must have the following information to the best of your knowledge:
(1) the Covered Title Risks which resulted in your loss,
(2) the dollar amount of your loss,and
(3) the method you used to compute the amount of your loss.
c. You Must Provide Papers We Request.
We may require you to show us your records, checks, letters, contracts, and other papers that relate to your claim of loss. We may make
copies of these papers.
If you tell us this information is confidential,we will not disclose it to anyone else unless we reasonably believe the disclosure is necessary to
administer the claim.
d. You Must Answer Questions Under Oath.
We may require you to answer questions under oath.
e. Effect of Failure to Cooperate.
Our obligation to you reduces or ends if you fail or refuse to:
(1) (a) provide a statement of loss,
(b) answer our questions under oath,or
(c) show us the papers we request,and
(2) your failure or refusal affects our ability to dispose of or to defend you against the claim.
4. OUR CHOICES WHEN YOU NOTIFY US OF A CLAIM
a. After we receive your claim notice or in any other way learn of a matter for which we are liable,we can do one or more of the following:
(1) Pay the claim against your title.
(2) Negotiate a settlement.
(3) Prosecute or defend a court case related to the claim.
(4) Pay you the amount required by this Policy.
(5) Take other action under Section 4b.
(6) Cancel this policy by paying the Policy Amount, then in force, and only those costs, attorneys'fees and expenses incurred up to that
time that we are obligated to pay.
We can choose which of these to do.
b. If you report to us that a covered title risk exists,we will promptly investigate to determine if that covered title risk is valid and not barred by
law or statute.A covered title risk is a title risk that this Policy does not exclude or except.
If we conclude that your claim, or any part of your claim, is covered by the policy, we will take one or more of the following actions to the
extent that it is covered:
(1) Institute all necessary legal proceedings to clear the title to the property;
(2) Indemnify you pursuant to the terms of the policy;
(3) Issue a new title policy without making exception to the covered title risk. If another insurer issues the new title policy to your purchaser,
lender or other transferee without making exception to the covered title risk,we will indemnify the other insurer.
(4) Secure a release of the covered title risk.
c. If we deny your claim,or any part of your claim, not more than 15 days after we deny the claim,we will:
(1) notify you in writing,and
(2) give you the reasons for denial of your claim in writing.
5. HANDLING A CLAIM OR COURT CASE
You must cooperate with us in handling any claim or court case and give us all relevant information.
We must repay you only for those settlement costs,attorneys'fees and expenses that we approve in advance.
FORM T-1 R: Texas Residential Owner's Policy of Title Insurance One-to-Four Family
Residences(01/03/14) TX----SPS-2709743-1-20-1076661900519
FIDELITY NATIONAL TITLE INSURANCE COMPANY POLICY NO.: 1076661900519-01 ks
(continued)
When we defend or sue to clear your title, we have a right to choose the attorney. You have the right to disapprove our choice of attorney for
reasonable cause.We can appeal any decision to the highest court.We do not have to pay your claim until your case is finally decided.We do not
agree that the matter is a covered title risk by defending.
6. LIMITATIONS OF OUR LIABILITY
Our liability is limited by the following:
a. We will pay up to your actual loss or the Policy Amount in force when the claim is made—whichever is less.
b. If we remove the claim against your title with reasonable diligence or take other action under this policy after receiving notice of it, we will
have no further liability for it.
c. All payments we make under this policy—except for costs,attorneys'fees and expenses—will be subtracted from your Policy Amount.
d. If the Covered Title Risk is an easement, we may pay an insured mortgage holder instead of paying you when a written agreement between
you and the mortgage holder allows. If the claim involves another Covered Title Risk,we may pay the mortgage holder instead of paying you.
The amount paid to the mortgage holder is considered a payment to you under your policy and will be subtracted from your policy amount.
e. If you do anything to affect any right of recovery or defense you may have,we can subtract from our liability the amount by which you reduced
the value of that right or defense. But we must add back to our liability any amount by which our expenses are reduced as a result of your
action.
7. TRANSFER OF YOUR RIGHTS
When we settle a claim, we have all the rights you had against any person or property related to the claim. You must transfer these rights to us
when we ask,and you must not do anything to affect these rights.You must let us use your name in enforcing these rights
We will not be liable to you if we do not pursue these rights or if we do not recover any amount that might be recoverable.
With the money we recover from enforcing these rights,we will pay whatever part of your loss we have not paid.We have a right to keep what is
left.
8. ARBITRATION
If it is permitted under Texas or federal law,you and we may agree to arbitration when you file a claim.
The arbitration may decide any matter in dispute between you and us.
Arbitration is one means of alternative dispute resolution. It may lessen the time and cost of claims settlement.You may wish to consider another
form of mediation or use the court system. If you choose arbitration,you may give up some discovery rights and your right to sue.
The arbitration award may:
a. include attorneys'fees if allowed by state law,and/or
b. be entered as a judgment in the proper court.
The arbitration shall be under the Title Insurance Arbitration Rules of the American Arbitration Association. You may choose current Rules or
Rules in existence on Policy Date.
The law used in the arbitration is the law of the place where the property is located.
You can get a copy of the Rules from us.
9. ENTIRE CONTRACT PROVISION
This policy and any endorsements we attach are the entire contract between you and us. Any claim you make against us must be under this
Policy and is subject to its terms.
FORM T-1 R: Texas Residential Owner's Policy of Title Insurance One-to-Four Family
Residences(01/03/14) TX---SPS-2709743-1-20-1076661900519
City of
West University
Place Public Works Department
NOTICE OF BUILDING& STANDARDS HEARING
The Building and Standards ("BSC")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 6:00 p.m. on December 7, 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: 3602 Georgetown St.,Houston,TX 77005
Legal Description: EAST ONE-HALF OF LOT 6,BLOCK 63 SECOND ADDITION OF
WEST UNIVERSITY,Harris County,TX
Docket Number: 2023-0013
Applicant: Vickie Milazzo& Tom Ziemba
Action Requested: Requesting a variance to allow the construction of a side-street entry
garage with the proposed garage door positioned 10 feet from the side-
street property line,where a minimum of 18 feet is required.
Additional Details: A single-family home at 3602 Georgetown Street has applied for a variance to
support the construction of a new side-street entry garage. The applicant has
recently demolished their existing non-conforming garage and aims to rebuild
a new garage with the garage door setback a minimum of 10 feet where 18
feet is required from the garage door to the side-street property line.
Applicable regulations include the City's Development Regulations, Chapter 18 and Chapter 70 of the Code of
Ordinances, Texas Local Government Code and the rules of the BSC. 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 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 BSC posted and mailed on or before November 27, 2023.
Johw Mc,Gawary
jmcgowan@westutx.gov
713-662-5830
3826 Amherst St. www.westutx.gov
West University Place, TX 77005
713-662-5830
Josie Hayes
From: Heather Kyle <heather@dkarc.com>
Sent: Tuesday, May 3, 2022 12:42 PM
To: Kiza Forgie
Subject: FW: 3602 Georgetown - Regulation questions
Heather Kyle,AIA, LEED AP
Project Director
Cell
281.794.2047
Direct
713.980.0270
Office
713.520.8792
1500 W. Alabama
Houston, TX 77006
www.dkarc.com
heatherna.dkarc.com
DKA
From: Clay Chew [mailto:CChew@westutx.gov]
Sent:Tuesday, March 10, 2020 12:44 PM
To: Heather Kyle <heather@dkarc.com>
Subject: RE: 3602 Georgetown - Regulation questions
Hi Heather,
For the garage facing Mercer the setback is 10 feet from the property line. We just had a new ordinance pass
last night that requires an 18 foot parking space from the garage to the sidewalk but since there is not a
sidewalk along mercer this will not affect your design.
That is correct, only in commercial districts are rooftop units allowed.
The fence can be placed at the side property line with a maximum height of 8 feet.
Clay
Clay Chew
Chief Building Official
1
City of West University Place
3826 Amherst, West University Place, TX 77005
Tel 713.662.5830
Fax 713.662.5304
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: Heather Kyle <heather@dkarc.com>
Sent:Tuesday, March 10, 2020 9:11 AM
To: Clay Chew<CChew@westutx.gov>
Subject: 3602 Georgetown- Regulation questions
Clay:
Hope you are having a good week and doing well.
We are starting schematic design for a potential new house at 3602 Georgetown, a corner lot at the northwest corner of
Georgetown and Mercer. I'm attaching a copy of the title survey for your reference. As we are reviewing the zoning
ordinance and West U municode, I had a couple of questions I wanted to clarify:
- If we were to have a garage facing a side street (accessed from the east, off Mercer—similar to the existing
driveway stub), is the setback 10' from the property line? I'm not entirely clear from Table 7-4a if the setback is
from the property line or if it is 10' from the side yard setback (which would be 15' from the side property line).
- Can mechanical equipment (e.g. HVAC compressors) be located on a rooftop? It seems like this is not permitted
in SF-3 per Table 7-4b and Note 11.
- Can the fence for the east side yard be on the property line? (This would be parallel to Mercer—we understand
from Table 7-6 that a fence could project to the side property line, beyond the side setback.)
Thanks for all your help!
Best,
Heather
Heather Kyle,AIA, LEED AP
Project Director
Direct
713.980.0270
Office
713.520.8792
1500 W. Alabama
Houston, TX 77006
www.dkarc.com
heatherdkarc.com
2
Josie Hayes
From: BBG Planning <planning@bbgcode.com>
Sent: Tuesday, October 3, 2023 4:23 PM
To: Kiza Forgie
Cc: John McGowan
Subject: Re: City of West U - Plan Review - 3602 Georgetown
Attachments: CC200309AgendaPacketFINAL.pdf
Kiza,
Thanks for your patience as our team looked into this inquiry.
After review, the 18-foot setback from the garage door to the side-street property line will be required. I
brought your correspondence with the former Building Official to the attention of the City Attorney for their
assessment of whether that email would vest the project under the proposed 10' setback.
The City Attorney researched and confirmed that the 18-foot setback was in effect prior to the amending
ordinance that was approved by Council on 3/9/20. The former Building Official was incorrect when he stated
that a 10' setback would be acceptable and unfortunately their mistake does not waive the requirement for
the actual required setback.
I've attached a copy of the amending ordinance which indicates the regulations that were revised on 3/9/20,
and shows that the 18-foot setback regulation was in effect prior to the change. Specifically, the callout for
this garage regulation is on page 11/13, Sec. 70-60, item (c). The struck through text indicates deleted
language and underlined text indicates added language.
Please let me know if you have any questions.
Regards,
Joe Newton
TX BBG Consulting
From: Kiza Forgie <kiza@dkarc.com>
Sent: Monday, October 2, 2023 10:46 AM
To: BBG Planning<planning@bbgcode.com>
Subject: RE: City of West U - Plan Review-3602 Georgetown
Hi Evan,
Just following up on this to keep it from falling off the radar.
Thank you,
Kiza Forgie,AIA
Senior Associate
DKA
From: Kiza Forgie <kiza@dkarc.com>
Sent: Friday, September 29, 2023 1:55 PM
To: BBG Planning<planning@bbgcode.com>
Subject: Re: City of West U - Plan Review-3602 Georgetown
Hi Evan,
To my knowledge there were no other meetings with the City of West U prior to this. We confirm any and all potential
building restrictions prior to preliminary design, preferably with the building official, to avoid conflicts such as this in
permitting.
We have designed several residences in West U over the years and our Project Director stays current with the city's
municode as best as possible.
Best,
Kiza
Get Outlook for iOS
From: BBG Planning<planning@bbgcode.com>
Sent: Friday, September 29, 2023 12:42 PM
To: Kiza Forgie <kiza@dkarc.com>
Subject: Re: City of West U - Plan Review- 3602 Georgetown
Kiza,
Could you confirm that there weren't any other meetings or other documentation regarding this garage
setback prior to March 10, 2023?
Sincerely,
Evan DuVall
346-516-4131
TX BBG Consulting
From: Kiza Forgie <kiza@dkarc.com>
Sent:Thursday, September 28, 2023 10:08 AM
To: BBG Planning<Planning@bbgcode.com>
Subject: City of West U - Plan Review-3602 Georgetown
Hi Evan,
Thank you for taking my call. Please see the attached correspondence between my colleague, Heather Kyle, and the
Chief Building Official, Clay Chew, on March 10, 2020. This is to follow up on the garage door setback.
I have asked Heather to forward any additional email correspondence prior to or post this date.
Thank you,
Kiza Forgie,AIA
Senior Associate
Direct
2
City of West University Place
A Neighborhood City
CITY COUNCIL STAFF
Bob Higley,Mayor David J.Beach,City Manager
Kevin Trautner,Mayor Pro Tern Alan Petrov,City Attorney
Lauri Lankford,Councilmember Thelma Gilliam,City Secretary
John P.Barnes,Councilmember
Ed Sobash,Councilmember
City Council Amended Meeting Agenda
Notice is hereby given of a workshop and regular meeting of the West University Place City Council to
be held on Monday, March 9, 2020 beginning at 5:45 p.m. in the Municipal Building located at 3800
University Boulevard, West University Place, Texas, for the purpose of considering the following agenda
items:
Note: All agenda items are subject to action. The City Council reserves the right to meet in a closed
session on any agenda item should the need arise and, if applicable pursuant to authorization by Title 5,
Chapter 551, of the Texas Government Code.
WORKSHOP (5:45 PM in the Bill Watson Conference Room)
1. Call Workshop to Order
2. Update on Compensation Study & Discussion on Communication Expectations
Matters related to the upcoming compensation study and discussion on citywide communications,
etc. Recommended Action:Discuss and provide staff direction if desired. Mr.Dave Beach, City Manager and
Mr. James Urban, Human Resources Director
3. Adjourn Workshop
REGULAR MEETING (6:30 PM in the Council Chambers)
4. Call Regular Meeting to Order
5. Pledge of Allegiance
6. Public Comments
This is an opportunity for citizens to speak to the Council relating to agenda and non-agenda items.
If the topic the speaker wishes to address is on the agenda, the speaker can either speak at this time
or defer his/her comments until such time the item is discussed.
Speakers are advised that comments cannot be received on matters which are the subject of a public
hearing once the hearing has been closed. Public comments must be kept relevant to the subject
before the Council. The presiding officer shall rule on the relevance of comments.
Persons making irrelevant, personal, impertinent, or slanderous remarks may be barred by the
presiding officer from further comment before the Council during the meeting. Speakers are required
to register in advance and must limit their presentations to three minutes each.
City Council Meeting-March 9,2020
7. Pavement Lifting
Matters related to approving a contract to perform soil stabilization and pavement lifting.
Recommended Action: Discuss and Approve contract. Mr. Gerardo Barrera, Public Works Director [see
Agenda Memo 7]
8. Memorial Day Holiday
Matters related to changing the meeting date of May 25 due to Memorial Day Holiday. Recommended
Action: Change the meeting date to Monday May 4, 2020 or Monday, May 18, 2020. Mr. Dave Beach, City
Manager. [see Agenda Memo 8]
9. Consent Agenda
All Consent Agenda items listed are considered to be routine by the City Council and will be enacted
by one motion. There will be no separate discussion of these items unless a Council member
requests in which event the item will be removed from the Consent Agenda and considered in its
normal sequence on the agenda.
A. City Council Minutes
Approve the City Council Workshop Minutes of February 24, 2020. [see Action Minutes]
B. Right-of-Way Standards
Matters related to an ordinance amending Section 18-82, part of Chapter 70 and part of
Technical Codes of the Code of Ordinances relating to right-of-way design and mobility.
Recommended Action: Approve ordinance on the second and final reading. Mr. Gerardo Barrera,
Public Works Director and Mr. Bruce Beneke, BSC Chair[see Agenda Memo 9B]
10. Adjourn Regular Meeting
With no other matter before the council, the meeting will adjourn.
In compliance with the Americans with Disabilities Act, if you plan to attend this public meeting and you
have a disability that requires special arrangements, please contact City Secretary Thelma Gilliam at
713.662.5813 at least 24 hours prior to the meeting so that reasonable accommodations can be made to
assist in your participation in the meeting. The Council Chambers is wheelchair accessible from the west
entrance,and specially marked parking spaces are available in the southwest parking area. Special seating
will be provided.
I certify that the attached notice and amended agenda of items to be considered by the West University Place City
Council on March 9,2020,was posted on the Municipal Building bulletin board on March 6,2020,at approximately
1:25 pm o'clock.
hettna a. wain
Thelma A. Gilliam, City Secretary
(SEAL)
AGENDA MEMO
Business of the City Council
City of West University Place, Texas
Meeting Date 03.09.2020 Agenda Item 9B
Approved by G. Barrera, Director
City Manager Yes Presenter(s) Bruce Beneke, BSC Chair
Reviewed by Yes Department Public Works
City Attorney
Subject Right of Way Design Standards
Attachments 1. Ordinance
2. Appendix A and B-Redlined
Expenditure Required: Not Applicable
Amount Budgeted: Not Applicable
Financial Account Number: 000-0000-0000
Information
Additional Appropriation Required: Not Applicable
Additional Account Number: Not Applicable
Executive Summary
In order to address the standardization of the placement and design of sidewalks in the City, after
several meetings and recommendation from staff,the Building and Standards Commission (BSC) made
the determination that portions of the Code would require amendments to reflect the new design
standards. The amendments include revisions to Chapter 18 and Chapter 70 of the Code that ensure
unimpeded pedestrian mobility through the City.
Key areas revised in Chapter 18 include:
• Repealing of the existing Section 18-62 and adoption of a new Section 18-62 per Appendix A
which addresses:
o Installation of new sidewalks required for major development or substantial
improvement
o Replacement of damages to curbs and gutters
o Limit exceptions to sites where sidewalks did not exist previous
o Update definition from major remodel to substantial improvement
o Elimination of interim waivers
Key areas revised in Chapter 70 include:
• Repealing of the existing Section 70-58 and adoption of the new Section 70-58 per Appendix B
o This section includes the requirement of sidewalks per the City's Standard Driveway and
Sidewalk Detail sheet
• Adoption of new Section 70-60 per Appendix B
o Defines the requirements for the building of sidewalks and driveways:
Right of Way Design Standards
Page 2
• Sidewalks shall run parallel to the curb and be located closer to the property
line
• Provide protective measures for roots
• No installation of meters, meter boxes, valves, cleanouts in paved areas unless
approved by Chief Building Official
• 18 feet minimum from garage door to edge of property line
• No encroachment of driveway parking space into the street right-of-way
• Approval required from Building Official to use decomposed granite for
sidewalks
At the December 4, 2019 meeting, the BSC, staff, and the City Attorney discussed the newly proposed
amendments to Chapter 18 and Chapter 70 and after comments and review,the BSC voted to approve
the amendments to both Chapters and request final approval from City Council.
The proposed draft includes Council comments from its February 24, 2020 meeting.
Recommended Action
The Building and Standards Commission and staff recommend that City Council approve an ordinance
amending Article II-General Regulations, Section 18-62 and Article III-Sidewalks Section 70-58 thru 70-
60 on the second and final reading.
City of West University Place
Harris County, Texas
ORDINANCE NO. XXXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST
UNIVERSITY PLACE, TEXAS; AMENDING CHAPTER 18, BUILDINGS
AND DEVELOPMENT, ARTICLE II, GENERAL REGULATIONS,
SECTION 18-62, CURBS, GUTTERS, SIDEWALKS, AND CHAPTER 70,
STREET AREAS AND PUBLIC PLACES, ARTICLE III, SIDEWALKS,
SECTION 70-58, SIDEWALKS REQUIRED, RENAMING SAID ARTICLE
DRIVEWAYS AND SIDEWALKS AND ADOPTING A NEW SECTION 70-
60, GENERAL DRIVEWAY AND SIDEWALK REQUIREMENTS, OF THE
CODE OF ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE,
TEXAS, TO REVISE THE CRITERIA FOR CONSTRUCTING
DRIVEWAYS AND SIDEWALKS WITHIN THE CITY AND CONTAINING
FINDINGS AND PROVISIONS RELATING TO THE SUBJECT.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WEST UNIVERSITY PLACE, TEXAS, THAT:
Section 1. Chapter 18, Buildings and Development, Article II, General
Regulations, Section 18-62 of the Code of Ordinances of the City of West University
Place, Texas is amended by the repeal of the existing Section 18-62 and the adoption of
a new Section 18-62 to read as set out in Appendix A, attached hereto. All other portions
of Chapter 18 of the Code of Ordinances not specifically amended hereby remain in full
force and effect.
Section 2. Chapter 70, Street Areas and Public Places, Article III, Sidewalks, of
the Code of Ordinances of the City of West University Place, Texas is amended by the
renaming of said Article as Driveways and Sidewalks, the repeal of the existing Section
70-58 and the adoption of a new Section 70-58 as well as the adoption of a new Section
70-60 all to read as set out in Appendix B, attached hereto. All other portions of
Chapter 70 of the Code of Ordinances not specifically amended hereby remain in full
force and effect.
Section 3. All ordinances and parts of ordinances in conflict with this Ordinance
are repealed to the extent of the conflict only.
Section 4. If any word, phrase, clause, sentence, paragraph, section or other
part of this Ordinance or the application thereof to any person or circumstance, shall ever
be held to be invalid or unconstitutional by any court of competent jurisdiction, neither the
remainder of this Ordinance, nor the application of such word, phrase, clause, sentence,
paragraph, section or other part of this Ordinance to any other persons or circumstances,
shall be affected thereby.
Section 5. The City Council officially finds, determines and declares that a
sufficient written notice of the date, hour, place and subject of each meeting at which this
Ordinance was discussed, considered or acted upon was given in the manner required
{00208214.docx}
by the Texas Open Meetings Act, as amended, and that each such meeting has been
open to the public as required by law at all times during such discussion, consideration
and action. The City Council ratifies, approves and confirms such notices and the
contents and posting thereof.
Section 6. This Ordinance takes effect immediately upon its passage and
adoption on second reading.
PASSED, APPROVED AND ADOPTED ON FIRST READING on the day of
, 2020.
PASSED, APPROVED AND ADOPTED ON SECOND READING, AND SIGNED,
on the day of , 2020.
Attest: Signed:
City Secretary (Seal) Mayor
Recommended:
City Manager
Approved as to legal form:
City Attorney
{00208214.docx 1
Appendix A
Sec. 18-62. -Curbs, gutters, sidewalks.
(a) Required for Major Development or Substantial Improvement.
(1) It shall be the duty of each permittee for any Major Development or any Substantial
Improvement (as those terms are defined by Sections 1-3 and 18-272, of this Code, respectively)
to provide new sidewalks along all streets abutting the building site(front,side and rear),including
streets outside the City limits. Such sidewalks are required to satisfy the criteria contained in
Chapter 70 of this Code as well as the Texas Accessibility Standards.
(2) It shall be the duty of each permittee that damages or removes any previously existing curb
or gutter along any street abutting the building site to replace or repair such curb or gutter.
(b) Exceptions.
(1) No sidewalk shall be required to be installed by a permittee adjacent to a building site if a
sidewalk did not previously exist adjacent to the building site.
(2) The foregoing exception does not limit the authority of the City Council to require
sidewalks under Chapter 70 of this Code or other applicable regulations.
(c) Permit details. The building permit application for each major development or substantial
improvement must clearly illustrate the work necessary to comply with this section, and all
required work on sidewalks, curbs and gutters must be completed within the time allowed for
completion of the major development or substantial improvement.
01120,,2I4.doc.e
Appendix B
Article III, Driveways and Sidewalks.
Sec. 70-58. - Sidewalks required.
Sidewalks are required in the City and shall be designed in accordance with the requirements of
this Code, the City's Standard Driveway and Sidewalk Details attached as Appendix A to this
Article and the Texas Accessibility Standards.
Sec. 70-59. - Change of street, sidewalk grade or line.
This Section applies to projects where the City changes or alters the lines or grades of streets or
sidewalks. The City may make such changes without liability to abutting owners or others on the
part of the City by reason of said change. If the line or grade of a sidewalk is changed, but is in
good condition and does not, in the opinion of the Building Official require entire reconstruction,
the owner or owners of the abutting property may be given notice to:
(1) Break said sidewalk back to a point fixed by the Building Official; and
(2) Remove the broken portion and reconstruct said portion on the line and grade determined
by the Building Official, at the cost of said owner. This work may be required, and the cost may
be assessed, in the same manner as other work on sidewalks.
Sec. 70-60. —General Driveway and Sidewalk Requirements.
(a) Where there are tree canopies overhanging any portion of a sidewalk to be constructed, a
root protective layer of 6 mil poly shall be placed on top of the ground under the rebar to protect
any tree root system that could be damaged by the sidewalk concrete. No tree roots of 1-inch
diameter or larger shall be cut or damaged by the sidewalk construction without approval of the
Urban Forester.
(b) No water meters,water valves,hydrant valves or cleanouts shall be installed in paved areas
unless approved in writing by the Building Official.
(c) On side street entry garages, the garage door must be a minimum of 18 feet from the
property line abutting the side street.
(d) Any driveway parking space required by the City's Zoning Code shall not encroach into
the street right-of-way.
(e) Sidewalks shall run parallel to the curb and be located at or as near the property line as
possible unless otherwise approved in writing by the Building Official.
(f) The Building Official may approve the use of decomposed granite in place of concrete
upon the request of a property owner if the Urban Forester determines that the use of decomposed
granite is necessary to preserve a protected tree, the property owner agrees to maintain the
decomposed granite and the property owner agrees to replace the decomposed granite with
concrete should the protected tree die or be removed.
{00208214.docx}
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Appendix A —{Style Definition:p0
Sec. 18-62.-Curbs,gutters,sidewalks.
(a) Required for ••: :• • ::..• : • • : : • •• Major Development or
Substantial Improvement.
(1) It shall be the duty of each permittee for any majer–EleyeleffeRtMajor Development or
any Substantial Improvement(as those terms are defined by Sections 1-
3 and 18-272,of thethis Code,respectively)to provide new sidewalks along all streets abutting
the building site(front,side and rear),including streets outside the City limits. Such sidewalks
are required to satisfy the criteria contained in Chapter 70 of this Code as well as the Texas
Accessibility Standards.
(2) It shall be the duty of each permittee that damages or removes any previously existing curb
or gutter along any street abutting the building site to replace or repair such streetcurb or gutter.
(b) Exceptions.
(1) No sidewalk shall be required to be installed by a permittee eeadiacent to a building site if
thea sidewalk did not previously exist eeadiacent to the building site.
(2) The foregoing exception does not limit the authority of the City Council to require
sidewalks under Chapter 70 of this Code or other applicable regulations.
(c) Permit details. The building permit application for each major development or substantial
improvement must clearly illustrate the work necessary to comply with this section, and all
required work on sidewalks, curbs and gutters must be completed within the time allowed for
completion of the major development or substantial improvement.
{00208220.docx
Appendix B • (Formatted:Space After: 9 pt )
Article III,Driveways and Sidewalks. • --(Formatted:Space After: 9 pt )
Sec.70-58.-Sidewalks required. — (Formatted:Space After: 12 pt )
Sidewalks are required in the City and shall be designed in accordance with the requirements of.- (Formatted:Space After: 12 pt )
this Code, the City's Standard Driveway and Sidewalk Details attached as Appendix A to this
Article and the Texas Accessibility Standards.
Sec.70-59.-Change of street,sidewalk grade or line. (Formatted:Space After: 12 pt
This sestionSection applies to projects where the City changes or alters the lines or grades of streets. (Formatted:Space After: 12 pt )
or sidewalks. The City may make such changes without liability to abutting owners or others on
the part of the City by reason of said change.If the line or grade of a sidewalk is changed,but is
in good condition and does not, in the opinion of thebi' Building Official require
entire reconstruction,the owner or owners of the abutting property may be given notice to:
(1) Break said sidewalk back to a point fixed by the buil Building Official;and - (Formatted:Space After: 12 pt )
(2) Remove the broken portion and reconstruct said portion on the line and grade determined.-- -{Formatted:Space After: 12 pt )
by the Building Official,at the cost of said owner.This work may be required,and
the cost may be assessed,in the same manner as other work on sidewalks.
Sec.70-60.-General Driveway and Sidewalk Requirements. -- (Formatted:Space After: 12 pt )
(a) Where there are tree canopies overhanging any portion of a sidewalk to be constructed,a
root protective layer of 6 mil poly shall be placed on top of the ground under the rebar to protect
any tree root system that could be damaged by the sidewalk concrete. No tree roots of 1-inch
diameter or larger shall be cut or damaged by the sidewalk construction without approval of the
Urban Forester.
(b) No water meters,water'aluesvalves,hydrant valves or cleanouts shall be installed in paved
areas unless approved in writing by the Building Official.
(c) On side street entry garages,the garage door must be a minimum of 18 feet from the slesest
property line abutting the side street.
(d) Any driveway parking space required by the City's Zoning Code shall not encroach into
(00208220.docx}
the street right-of-way.
(e) Sidewalks shall run parallel to the curb and be located at or as near the property line as
possible unless otherwise approved in writing by the Building Official.
(f) The Building Official may approve the use of decomposed granite in place of concrete
upon the request of a property owner if the Urban Forester determines that the use of decomposed
granite is necessary to preserve a protected tree, the property owner agrees to maintain the
decomposed granite and the property owner agrees to replace the decomposed granite with
concrete should the protected tree die or be removed.
{00208220.docx
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CURRENT OWNER HERMAN JOSEPH SHU TUNG &TAI PEI-CHING
2726 BISSONNET ST STE 240 PMB 632 3606 GEORGETOWN ST 3610 GEORGETOWN ST
(C/O 3602 GEORGETOWN) HOUSTON TX 77005-2913 HOUSTON TX 77005-2913
HOUSTON TX 77005-1352
CURRENT OWNER CURRENT OWNER FIELD THOMAS G IV& CAROLINE C
3620 GEORGETOWN 3620 GEORGETOWN ST 3605 GEORGETOWN ST
(C/O 3614 GEORGETOWN) HOUSTON TX 77005-2913 HOUSTON TX 77005-2913
HOUSTON TX 77005-2913
FIELD THOMAS G IV& CAROLINE C BRACHT GERALD L BERKLE BRIAN J & PARTIN JENNIFER L
3605 GEORGETOWN ST 3615 GEORGETOWN ST 3619 GEORGETOWN ST
(C/0 3611 GEORGETOWN) HOUSTON TX 77005-2913 HOUSTON TX 77005-2913
HOUSTON TX 77005-2913
SIEBER ANN W &JOHN G WALTER KEVIN & CAROLINE LORENZEN CHRIS A JR
3621 GEORGETOWN ST 3524 GEORGETOWN ST 3518 GEORGETOWN ST
HOUSTON TX 77005-2913 HOUSTON TX 77005-2912 HOUSTON TX 77005-2912
OWEN VIVIEN W FOSHEE DOUGLAS L&SARAH L CURRENT OWNER
3514 GEORGETOWN ST 3504 GEORGETOWN ST 3509 GEORGETOWN ST
HOUSTON TX 77005-2912 HOUSTON TX 77005-2912 HOUSTON TX 77005-2911
DEBNAM J MATTHEW&STACEY BURKE ADAM &SYLVIA CLARK ROBERT& KIMBERLY J
3515 GEORGETOWN ST 3523 GEORGETOWN ST 3619 PLUMB ST
HOUSTON TX 77005-2911 HOUSTO NTX 77005-2911 HOUSTON TX 77005-2929
THOMAS WILLIAM L&JULIE M TELLEZ ALFREDO CURRENT OWNER
3613 PLUMB ST 3301 GEORGETOWN ST 5102 BRAESHEATER
HOUSTON TX 77005-2929 (C/O 3609 PLUMB) (C/O 3605 PLUMB)
HOUSTON TX 77005-2907 HOUSTON TX 77096-4106
BILLIPP PETER H & CAROLINE K YOUNG PAUL R JR &SUSAN 2016 KEYHANI MELINDA
3601 PLUMB ST MANAGEMENT TRUST 3515 PLUMB ST
HOUSTON TX 77005-2929 3521 PLUMB ST HOUSTON TX 77005-2927
HOUSTON TX 77005-2927
FRASIER SCOTT SHELTON THOMAS L& LINDA NOBEL PAUL MICHAEL& MARGARET
3511 PLUMB ST 3507 PLUMB ST RENEE
HOUSTON TX 77005-2927 HOUSTON TX 77005-2927 3520 PLUMB ST
HOUSTON TX 77005-2928
ESTRADA JORGE &VEGA ZULMA CURRENT OWNER HUSTON FRED N JR&JILLY W
3524 PLUMB ST 3602 PLUMB ST 3612 PLUMB ST
HOUSTON TX 77005-2928 HOUSTON TX 77005-2929 HOUSTON TX 77005-2929
DONBERT TRADING INC DONNELL JAMES M & DONNA P SCHULZE RUSSELL K II
3614 PLUMB ST 3620 PLUMB ST 3518 PLUMB ST
HOUSTON TX 77005-2929 HOUSTON TX 77005-2929 HOUSTON TX 77005-2938
POLAND EUGENIA& KNUDSEN ANDERS MARSHALL ROBERT H &JANICE R HOBEIKA LAURA M & MARK J
3516 RICE BLVD % ROBERT&JANICE MARSHALL TRUST 3602 RICE BLVD
HOUSTON TX 77005-2938 3522 RICE BLVD HOUSTON TX 77005-2940
HOUSTON TX 77005-2938
STARR CHRISTOPHER B & PEASE SALCEDO CONRADO C& MILA M
KATHLEEN J 3620 RICE BLVD
3606 RICE BLVD HOUSTON TX 77005-2940
HOUSTON TX 77005-2940
Josie Hayes
From: Dick Yehle <reyehle@comcast.net>
Sent: Thursday, December 7, 2023 10:25 AM
To: John McGowan;Josie Hayes
Subject: BSC Docket 2023-0013
BSC,
As the BSC considers Docket 2023-0013 for a variance at 3602 Georgetown, I ask that due consideration be given
to the intent of changes to setbacks that have been made over time. They were made after carefully considering
all factors, including the one mentioned by the applicant. Visual inspection of the subject neighborhood
suggests that neighboring properties have been built with setbacks consistent with the ordinance and that the
original driveway was probably built well before the current ordinance was enacted.
While the request may seem sensible on its own, it could make the new house an outlier in the neighborhood
in terms of changing the predominant streetscape and impacting sightlines for drivers from the house to the
north and traveling along Mercer. There are several instances around the City where visibility issues have
created a conflict when new houses have been built with lesser setbacks than existing houses.
Dick Yehle
6401 Rutgers