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12192024 ZBA Agenda Item 2
REVISED 12/18/2024 West University Place Public Works Department To: Zoning Board of Adjustments From: Evan Duvall,AICP Date: December 19,2024 Re: Staff Report for Docket 2024-0009,3117 Carnegie Street,Houston,TX 77005(Variance) Applicant's Request The Applicant in Docket#2024-0009 for 3117 Carnegie Street,requests a Variance to City's Zoning Ordinance to allow a 2.4' interior side yard setback where three(3)feet is required and a rear-yard of 4.6'where five(5)feet is required.The Property Owner's goal is to build a two- story garage where a previous one-story garage was built. The proposed encroachment into the interior side yard and rear-yard will be for a one-car garage with guest quarters on the second floor. Background Information A building permit was issued for a garage remodel at 3117 Carnegie Street.The previous one- car garage was an approximately 324 square feet and only one story. A building permit was submitted for a proposed remodel of the garage including a second story guest quarters. This old stock housing garage was a prior non-conforming structure that did not meet the required three(3)foot side setback for a garage in the rear yard.As a prior non-conforming structure,it was allowed to remain if the non-conformity was not expanded.The original garage was built in 1936, the same year this existing old stock house was constructed. This remodel/addition required significant structural changes to allow the second story guest quarters above the garage,as this prior garage not designed to support a second story. City staff reviewed and approved this permit as a remodel of an existing prior non-conforming garage. Although this permit was approved, it had significant issues because it was reviewed as a remodel project.This permit should have been reviewed as new construction.That process would have resolved any prior non-conforming aspects of this development. This permit was issued in error and then went through the inspection process, including the foundation inspection. This meant that the foundation was allowed to be poured, and the garage framed 3826 Amherst St. www.westutx.gov West University Place, TX 77005 713-662-5830 City of West University Place Public Works Department To: Zoning Board of Adjustments From: Evan Duvall,AICP Date: December 19,2024 Re: Staff Report for Docket 2024-0009,3117 Carnegie Street,Houston,TX 77005(Variance) Applicant's Request The Applicant in Docket#2024-0009 for 3117 Carnegie Street, requests a Variance to City's Zoning Ordinance to allow a 2.4' interior side yard setback where three (3) feet is required and a rear-yard of 4.7' where five (5) feet is required. The Property Owner's goal is to build a two- story garage where a previous one-story garage was built. The proposed encroachment into the interior side yard and rear-yard will be for a one-car garage with guest quarters on the second floor. Background Information A building permit was issued for a garage remodel at 3117 Carnegie Street. The previous one-car garage was an approximately 324 square feet and only one story. A building permit was submitted for a proposed remodel of the garage including a second story guest quarters. This old stock housing garage was a prior non-conforming structure that did not meet the required three (3) foot side setback for a garage in the rear yard. As a prior non-conforming structure, it was allowed to remain if the non-conformity was not expanded. The original garage was built in 1936,the same year this existing old stock house was constructed. This remodel/addition required significant structural changes to allow the second story guest quarters above the garage, as this prior garage was not designed to support a second story. City staff reviewed and approved this permit as a remodel of an existing prior non-conforming garage. Although this permit was approved, it had significant issues because it was reviewed as a remodel project. This permit should have been reviewed as new construction. That process would have resolved any prior non-conforming aspects of this development. This permit was issued in error and then went through the inspection process, including the foundation inspection. This meant that the foundation was allowed to be poured, and the garage framed with the second-story addition. Soon after, a complaint was received about the new garage's proximity to the property lines. As the City reviewed the permit, it was determined that the prior non- 3826 Amherst St. www.westutx.gov West University Place, TX 77005 713-662-5830 City oi_ West University Place Public Works Department conforming nature of the garage had been removed due to the new garage being constructed. A form survey revealed that the structure was closer to both of the required interior side yard and the rear yard property lines. The original contractor is no longer involved and the homeowner and new contractor have been left to resolve this issue. The importance of the three (3) feet separation from the property line allows for the International Residential Code's minimum separation distance without rated walls assemblies (one-hour) and to provide for privacy from adjacent property owners. To address this issue, the property owner has submitted a Variance request to allow the garage to remain at its current built setbacks. The City has worked with the homeowner's new contractor to halt the project and address the concerns regarding the proximity to the property line. The west elevation closest to the interior side property line has two small, non-operable windows on the first floor designed for light, which do not present a privacy issue (See Exhibit 1: Elevations of Structure (Existing and Proposed). However, these windows must either meet a one-hour fire rating or be removed. Any wall assemblies within three (3) feet of the property line must have a minimum one-hour fire rating. The rear elevation has one window on the second floor, which will have to be non-operable and translucent in order to conform to West University Place's Zoning Ordinance. Additionally, any overhang of the building cannot be closer than two (2) feet from the property line. The property owner has been cooperative and is working with City staff to resolve the issues. Staff is recommending approval of the Variance request with the appropriate conditions. Staff is also working on a process to pre-approve form surveys and train staff to alleviate this issue in the future. The approval of this Variance request will require the homeowner to modify this project from where it was originally approved. The foundation has already been poured and the main structure has been framed out. The structure must be redesigned to satisfy all International Residential Code (IRC)requirements, flood plain regulations, and all other Zoning Ordinance requirements. In order to comply with these requirements, significant changes to the plans must be made. Recommended conditions: 1. All remaining Zoning Ordinance requirements be satisfied, other than the existing interior side and rear yards. 2. Overhang cannot be closer than 2' from the side property line. 3. Compliance with applicable International Building Code requirements. 4. Flood plain requirements must be satisfied. Variance Requests 3826 Amherst St. www.westutx.gov West University Place, TX 77005 713-662-5830 City o1 West University Place Public Works Department Zoning Ordinance Appendix A, Article 7A-7 provides minimum setbacks for required interior and street side yards. The ZBA can grant a Variance only if all the findings from Section 11-102 are confirmed. Any approved Variance may have conditions to lessen the impact of reduced yards Section 11-102. - Findings; burden of proof. a) Variances. The ZBA may not issue or modify a variance unless all of the following circumstances are present: 1) The ZBA has made all findings and determinations required by state law for the granting of a variance. A "special condition" or "hardship" that is self-created, personal or based only on financial reasons is not sufficient to support the issuance of a variance. 2) The ZBA has made any additional findings and determinations required by a specific provision of this section which relates to the variance. 3) The variance has been reduced to writing and includes any conditions prescribed by the ZBA or required by this section for the variance in question. The State law(Texas Local Government Code Chapter 211)provides, in part: Sec. 211.009. AUTHORITY OF BOARD. (a) The board of adjustment may: ... (3) authorize in specific cases a variance from the terms of a zoning ordinance if the variance is not contrary to the public interest and, due to special conditions, a literal enforcement of the ordinance would result in unnecessary hardship, and so that the spirit of the ordinance is observed and substantial justice is done ... . (b-1) In exercising its authority under Subsection(a)(3), the board may consider the following as grounds to determine whether compliance with the ordinance as applied to a structure that is the subject of the appeal would result in unnecessary hardship: (1)the financial cost of compliance is greater than 50 percent of the appraised value of the structure as shown on the most recent appraisal roll certified to the assessor for the municipality under Section 26.01, Tax Code; (2) compliance would result in a loss to the lot on which the structure is located of at least 25 percent of the area on which development may physically occur; (3) compliance would result in the structure not being in compliance with a requirement of a municipal ordinance, building code, or other requirement; (4) compliance would result in the unreasonable encroachment on an adjacent 3826 Amherst St. www.westutx.gov West University Place, TX 77005 713-662-5830 City of West University Public ublic Works Department property or easement; or (5) the municipality considers the structure to be a nonconforming structure. (c) The concurring vote of 75 percent of the members of the board is necessary to: ... (3) authorize a variation from the terms of a zoning ordinance. Exhibit 1: Elevations of Structure(Existing and Proposed) r.al J LI L C C 0 2 t " o C G ,� EXISTNG FRONT ELEVATION PROPOSED FRONT ELEVATION 3826 Amherst St. www.westutx.gov West University Place, TX 77005 713-662-5830 City of West University Place Public Works Department • • _... .'MIN INIIlOI Ng It NMI 11A EXISTING GARAGE PROPOSED GARAGE FRONT ELEVATION FRONT ELEVATION ExSTNG WEST E_EVATON PROPJ:ED WEST BEVA110N 3826 Amherst St. n'ww.znestutx.gov West University Place, TX 77005 713-662-5830 - - . AVJ NM SUL SVX311.40.1.5110H .......131"."%,...„ LTAILISMEGNIN3LIK NV-Id 31IS a WWWZWOONWARM 1 , c,„,,„,, 1A10011A1Vd 110014 CINZ A u /NOISN•31X3gOVIIVD CIVMV ....,,,,wp.m A , I 0.3 ON-.105 . . . . • . . . . • . . • . . o If, ; i 0. i . i i 1 1 . ii,i !g t . l' : .-L, ! 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' ' .00 00 -HIHON 1 , i I -- uM. r� 9 City of West University Place APPLICATION TO THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS ("CITY") 1 YA' Address of site: 3117 Carnegie St.,Houston,TX 77005 Legal description of the site: TR 7B BLK 5 WEST UNIVERSITY PLACE SEC 1 Applicant: Donald Robinowitz and Nikki Vu-Robinowitz Address: 3117 Carnegie St.,Houston,TX 77005 Contact: Nikki Vu-Robinowitz Phone: 512-633-7582 Fax: Email: nvu994@msn.com Decision or Action Requested(check one or more and provide requested data): ( ) Appeal. Hear and decide an appeal from an order, requirement, decision or determination made by the Administrative Official. • Is the official's action in writing?( ) Yes; ( )copy is attached. ( )No, but the action appealed is as follows: • When was the action taken? Note: Appeals must be filed within a reasonable time. Please explain any delay below: • Exact zoning ordinance section(s) involved: • Grounds for appeal: ( ) Special Exception. • Exact zoning ordinance section that authorizes the special exception: • Exact wording of special exception requested: ( 4"Variance. • Exact zoning ordinance section from which a variance is requested:"fable 7A-7,Projection Schedule,Note 5,Garages in the side- yard and Table 7A-7,Projection Schedule,Note 3,Buildings in rear yard or SF Bufferyard. • Exact wording of variance requested:To allow a garage to project 5 inches into the required three feet interior side-yard and to allow a garage to project 3 inches into the required five feet rear yard. Other Data. Are there drawings or other data? (X)No ( )Yes(tist items here and attach them) Form Survey Site Plan Attached.The applicant has re d t e State and City regulations attached. Signature of applicant: Date: 12.. For Staff Use only Date filed:t\\li 00 ,Date heard:\' '\`CI bO?)�1 Docket#: form ZBA-102 ill ill ADDRESS: 3117 CARNEGIE STREET RECEIVED Mg V 1 „ 2.U24 HOUSTON, TEXAS 77005 ORDERED BY: NIKKI VU FORM SURVEY. THE EAST 60 FEET OF LOT 7, BLOCK 5 WEST UNIVERSITY PLACE ti ACCORDING TO THE MAP OR PLAT THEREOF RECORDED , IN VOLUME 444, PAGE 560 OF THE DEED RECORDS OF HARRIS COUNTY, TEXAS \' T;,P--,,... 1 e1/2•IRON 1/2•IRON , ROD FOUND ROD FOUND• (j'Qr,�.�jVet I00.00' 42.23' g .. CARNEGIE STREET REVIEWED FOR COMPLIANCE (PLATTED AS CORNELL STREET) _ =50.0' ORDINANCES AND CITY BUILDING CODES (50•R.O.W.) PEVIEWED DATE NO CORRECTIONS I BY PT NS REQUIRED FIEVIEWER 7,1;�.Z. (D.C.L.) GB.(). £ 17640' EAST 60.00' 60.00' /2•IRON 1/2•IRON FOUND • 2 I.I�ANNING A ROD00 FOUND ROD FOUND (Cu) F F E MAR. (CM.) �20'BUILDING LINE Q „/ (NEW CONSTRUCTION) 0" Q. UNE — m "VOL. 58Z I PG. 298 II ... 0.7' - 64.7' II 8 64.8' _g 8 8 LOT- 7 ROLOT 0 P. LE CF NO.GER 2007057154J DONALD E. ROBINOWITZ 6'BUILDING LINE 4 VOL. 7748, PC. 2094 ` (NEW CONSTRUCTION) © # t c 2.4' � -•+ 13.0' 21_,.........„.1 1) H 6'BUILDING LINE35.5' ►X (NEW CONSTRUCTION) NOTE: NOT ALL IMPROVEMENTS SHOWN. w I POWER NOTE: THIS SURVEY WAS PREPARED WITHOUT A O POLE WTITLE COMMITMENT. OTHER EASEMENTS AND/OR FENCE D a o ��ii-- BUILDING LINES,MAY AFFECT THIS TRACT. �� WOOD '"• 20'BUILDING LINE �/FORM (NEW CONSTRUCTION) , _Y.,�,,` 1 1 i '� t — '-; 0.9' II y� FENCE POST t'- IRON ROD �: 'Z ON CORNER 4.6' W£ST 4 7..J 60.00' I FOUND �^ _ • CONC. 2' WATER, SEWER_ WALL AND GAS MAIN EASEMENT L O T 0 VOL. 582, PC. 298 // �oJ I HEREBY CERTIFY THAT THIS SURVEY WAS MADE THIS PROPERTY IS AFFECTED BY THE ON THE GROUND, THAT THIS PUT CORRECTLY C 100 YEAR FLOOD PLAIN AS PER FIRM REPRESENTS THE FACTS FOUND AT THE i( 0 r ` PANEL NO. 4820IC 0860 L TIME OF SURVEY AND THAT THERE ARE NO /'vtrook' o N •` MAT' PCT.S/C./, SE'15'200? ENCROACHMENTS APPARENT ON THE GROUND,ZONE A£ EXCEPT AS SHOWN HEREON. THIS SURVEY IS , BASED ONLY ON VISUAL EXAMINATION OF MAPS. CERTIFIED FOR THIS TRANSACTION ONLY /•. INACCURACIES OF FEMA MAPS PREVENT EXACT A 00080000000000000000• 000000 1 DETERMINATION WITHOUT DETAILED FIELD STUDY 4 o 00 �,�((;; c °000No3o.•. •000lto i A SUBSURFACE INVESTIGATION TERRANCE MISH `` •'o,e • •WAS BEYOND THE SCOPE OF THIS SURVEY PROFESSIONAL LAND SURVEYOR ; toy.1 NO. 4981 � O•0°000000°°(` JOB NO. 2024-05873 SU R D.C.L - DIRECTIONAL CONTROL LINE JULY 12, 2024 RECORD BEARING: VOL. 444, PG. 560, H.C.D.R. DRAWN BY PR 4 .y will. 1-BOO-LANOSURVEY PRECISION www.precisionsurveyors.com surveyors 281-496—1586 FAX 281-496-18679 210-829-494/ FAX 210-829—1555 50 THREADNEEDLE STREET SUITE 150 HOUSTON, TEXAS 77079 /777 NE LOOP 410 SUITE 600 SAN ANTONIO, TEXAS 78217 FIRM NO. 10063700 1 1 NORTH - 100.00' I \�— - —I- \ \ 0 X 1__ 6'BLDG., LINE I � - (75 —,--I -1-- , L I G7 m —PH Q1"g"� s I cz) ' CEO=� CO OD Cr)D �t , A.Ed "4 ca0 E 0 -► m m Ei�ioRg ICI — Rc�,Ie�';g v x T m g m O cn N g g in K O G7 cnrn z m F �M ' 1--- -- ' s —I --1. - z I ' 6' BLDG. LINE ��!" „,., °� I SOUTH - 100.00' i i .,,,...,r., I �..�, y" :41 8 plIAILIA- I , , s .,w D 0 4' 9„ ORTH - 100.00' rn N — m m • • ir.•� X I g F M Z *I N C co z __I 7.. I ''' fi 7.,.,„.„ _------,\ m A i �I '' I, I o o \-L Q ( D III 1 i gi m z m I rn N . 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R' u u u n n u u D li 3 f W CD o A "a f s 8 m o 0 0 0 0 8 ., g i - _ B o a § I i o N$ 8 dY -• r i i • • - �' SOUTH-100.00' Sheet Title: Revision: Dote: Description: Dote: 01 Comments City of Houston ABCAD GARAGE EXTENSION/ MARCH12ozs DESIGN AP C� 2ND FLOOR PALYROOM SITE PLAN BUILDING DESIGN 3117 CARNEGIE STREET CONSTRUCTION MANAGEMENT �a 23501 CINCO RONOI BLVD STE 0120 099 Drawn By: Checked By: Emuk:N Tt;LAS 774,;„.�,,, HOUSTON,TEXAS 77005 0 71,,921_T,1J0 KNC FAV 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 December 19, 2024. The hearing may be recessed and continued to a ZBA meeting set to begin at 6:30 p.m. on January 23,2025. 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: 3117 Carnegie St.,Houston,TX 77005 Legal Description: TR 7B BLK 5 OF WEST UNIVERSITY,Harris County,TX Docket Number: 2024-0009 Applicant: Donald Robinowitz and Nikki Vu Action Requested: Requesting a variance to allow a garage to project 5 inches into the required three feet interior side-yard. Requesting a variance to allow a garage to project 3 inches into the required five feet rear yard. Additional Details: A single-family home has requested a variance from Appendix A, Article 7, Table 7A-7, Projection Schedule, Note 5, Garages in the side yard to allow a garage to be less than three feet in the interior side yard. A single-family home has requested a variance from Appendix A, Article 7, Table 7A-7, Projection Schedule, Note 3, Buildings in rear yard or SF bufferyard. 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: Chris Guess,Planning&Zoning Administrator,for the ZBA posted and mailed on or before December 9,2024. Chr14•Gue4es, cguess@westutx.gov 713-662-5830 3826 Amherst St. www.westutx.gov West University Place, TX 77005 713-662-5830 ROBINOWITZ DONALD E &VU NIKK D LE ROGER P CURRENT OWNER 3131 EASTSIDE ST 6603 BUFFALO SPWY 3115 CARNEGIE ST (C/O 3117 CARNEGIE ST) HOUSTON TX 77005-3832 HOUSTON TX 77005-3810 HOUSTON TX 77098-1935 CURRENT OWNER HARPER TRUST SCHILLER WENDY A 3111 CARNEGIE ST 6604 VANDERBILT ST 6608 VANDERBILT ST HOUSTONT TX 77005-3810 HOUSTON TX 77005-3825 HOUSTON TX 77005-3825 SKINNER RICHARD & REZVANI KATY CURRENT OWNER GALLOWAY ROBERT L 6624 VANDERBILT ST 6628 VANDERBILT ST 6627 BUFFALO SPEEDWAY HOUSTON TX 77005-3825 HOUSTON TX 77005-3825 HOUSTON TX 77005-3832 WESTON JAMES P & MONIQUE MOREY ROBERT B ET UX DUNN JENNIFER 6621 BUFFALO SPEEDWAY 6617 BUFFALO SPEEDWAY 6615 BUFFALO SPEEDWAY HOUSTON TX 77005-3832 HOUSTON TX 77005-3832 HOUSTON TX 77005-3832 AMIN H &SHAHNAZ A KARIM LIVING JOHNSON SCOT W&AMY G MOON LARRY J &JUE FRANCES 0 TRUST 6622 BUFFALO SPEEDWAY 6616 BUFFALO SPEEDWAY 6445 BROMPTON RD HOUSTON TX 77005-3833 HOUSTON TX 77005-3833 (C/O 6602 BUFFALO SPWY) HOUSTON TX 77005-3801 BULLARD PAT R SATHYANATH SAPNA&PADMANABHAN ARUN WEISS RICHARD T 6546 BUFFALO SPEEDWAY 19926 SABLE STONE CIRCLE 6536 BUFFALO SPEEDWAY HOUSTON TX 77005-3831 (C/O 6540 BUFFALO) HOUSTON TX 77005-3831 KATY TX 77450-7412 SINGHKAW PRAVEENA& KAW MAVBR LLC GREEN JOHN STEPHEN MADHUKAR 6419 VANDERBILT ST 3116 CARNEGIE ST 6535 BUFFALO SPEEDWAY (C/O 6545 BUFFALO SPWY) HOUSTON TX 77005-3811 HOUSTON TX 77005-3830 HOUSTON TX 77005-3820 MCKEE HALLIE & KEVIN L ROBERTS GREGORY L SEDER STEPHEN JAY& RACHEL 3114 CARNEGIE ST 3110 CARNEGIE ST 6546 VANDERBILT ST HOUSTON TX 77005-3811 HOUSTON TX 77005-3811 HOUSTON TX 77005-3823 HAHN ANDREW S&TARA E CHRISTIENSEN ALAN R & MARINA J FENOGLIO JOHN T&SARA 6542 VANDERBILT ST 6540 VANDERBILT ST 6530 VANDERBILT ST HOUSTON TX 77005-3823 HOUSTON TX 77005-3823 HOUSTON TX 77005-3823 Correspondence From Neighbors Exhibits jbd4email@yahoo.com. Dear Members of the West University Variance Board, My wife,Jennifer, and I live at 6615 Buffalo Speedway. Our north lot line is adjacent to the subject project toward the middle to back of our lot. When the new construction was erected,when I first saw it, I had a strong feeling that it was not right. It towers over our yard and the Le's property. Indeed, as we all know, there is no question that the project has not lawfully been constructed. As an adjacent property owner, I have three concerns. First, the non-complying structure limits access for emergency services to our property,the Le's, and the subject property itself—particularly the fire department in the event of an emergency. Furthermore, obviously, the chance of a fire migrating from one property to another is increased. This especially relevant at the northeast corner of our garage apartment and the southwest corner of the subject. Second is drainage. Drainage in our backyard is a constant battle. As is typical of many lots in Houston,getting water from the backyard to the public system during heavy rains is a constant battle. On occasion we've had several feet of storm water in our backyard and water approaching our back door. A project such as this is bound to exacerbate our problems. Third, the structure lowers the value of our property.Any potential buyer for our property will undoubtedly factor in the neighboring non-complying structure when determining the price they're willing to pay. As a citizen of West University, I would urge the board to consider the broader consequences of granting a variance. Over the course of my professional career in real estate and construction I have had experience with numerous zoning and permitting issues—including variances before boards such as this. Never have I seen a builder/owner allowed to proceed in such a case where there are such clear violations of building and zoning laws. Granting this variance will undoubtedly put you and the staff in a very awkward position going forward in your effort to provide an orderly building process in the City. In closing, denying this variance is the best opportunity for you and the city to correct a project that we should all be able to agree started and continues to head in the wrong direction. Thank you, Jason &Jennifer Dunn , ,,,,,, •-•,; , „. .....,) ' '''. fAA „ , lisICAI " •*, N - t • I - II: P.f.'.;.*. r I'm'I: ..,4../..k-s•A 7* ..,.. - . .1 . •,a• ''''• ;., .-v , N .2'' ..-' ... ,e..1"4. • 1 k. ' ' --- IEVERBILTL /EVER ' ' ' ' '' ERBILTI .•:.•),., ,•• ‘ Nt, , r' ' , ! ; , i . ''.,..0..,1 ' `,. - ' '!..'l t.',. 14,1 4.. .,',•-;i,, .'''.,... "*-- i''. ‘. ''.7.,•."'ri' i r k hi, , , 11' KGES ESR-2955 Ik'.11 • -,- .' OA% Air 1 , i. - 'I --..... . % 1 . 4,1, , , ,.,.. •,._ ,,,,-„ 1 s ' N,, .'*, -,' -\ 4v A 1„\ ' k ' 4E4 .1k4:' . ;44 ii:.'" • i . 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' ,..1'''',,,,44.1t, :.'.."•1'•,i4•.,' '1':-1-41' .!.-'..',l'r.,tit,Al '; . .,1,- .-,-,„ '.*-..0....7,,,-.c'.;,; ,,,-,.'5,4 4.• ...,..,.., '.:,i-li,,,k4 04'' ' i,,::::',-,"4°Ifr•;.,'1'. *'.1.-,07.,';' ',',:.2;-,'/1, ' '''' Dear Members of the West University Variance Board: This letter concerns the ongoing construction project at 3117 Carnegie (the "Property") and opposition to the variance requested by the owners, Don and Nikki Robinowitz. My name is My Linh Nguyen, and my husband is Dr. Roger Le. We live at 6603 Buffalo Speedway. We are also joined by our neighbors, Jason and Jennifer Dunn who live at 6615 Buffalo Speedway. Our property and the Dunns share a common boundary with the Property. We and the Dunns strongly oppose the variance to continue construction at the Property because this construction violates city codes and infringes upon our own property rights. For over sixteen years, we have been residents of West University, and we have lived peacefully and harmoniously with all our neighbors, including the Robinowitzes. This changed, however, in September, 2024, when we realized that construction at the Property raised significant concerns. I immediately contacted the builder, Danny Doan at Builder Plus, to express our concerns about (1) the improvements being built too close to our fence and property line, (2) drainage issues, and (3) potential for rainwater runoff onto our property which could exacerbate flooding. Mr. Doan dismissed our concerns and refused to address the problems. In fact, he stated he was merely following the homeowner's instructions and proceeded based on permits already issued by the city. He suggested we should remedy the offending new construction by remodeling our home or adding landscaping. Following his unsatisfactory response, we escalated the matter to the City of West University. Upon taking our own measurements of the new construction, we confirmed that the new improvements at the Property were less than three feet from our property line in violation of applicable codes and far less than the required five to six feet for new construction which this project is. It took several weeks of communication before your Assistant Public Works Director, Brett Cast, responded and scheduled a meeting with us. At that meeting, the city confirmed that the construction at the Property violated (1) the city's side setback requirements and (2) city's rear setback requirements. Your Public Works Director, Danny Cameron, and your Senior Inspector, Sam Gheorghe, acknowledged that this project was Rat a remodel; It is new construction, that must comply with stricter building codes and guidelines. We later learned that also in September, 2024, the Dunns and their neighbors had also contacted the City with the same and similar concerns regarding code violations at the Property. Following our meeting, the City confirmed the multiple violations and halted construction at the Property. These violations included (1) failure to maintain the required side and rear setbacks, (2) a roofline five feet higher than permitted, and(3) a window facing the rear property line. Despite these flagrant and patent violations, the Robinowitzes applied for a variance to continue construction. By then, the improvements had already progressed further since our initial complaints. The builder and the Robinowitzes failed to follow basic protocols, and it is deeply troubling that the city would give them the time of day on this issue. They failed to verify property lines (which should have been straightforward, as he recently built both of our common fences). They failed to ensure compliance with city codes, and they continued construction at a fast pace which we surmise was to complete the project at the Property before the City or their neighbors could interfere. Had the builder and the Robinowitzes taken proper measurements when only the frame was in place, the Robinowitzes would have avoided these issues. (See Exhibit A, picture of framing taken on 9/24/24, attached hereto and incorporated herein by reference). Additionally, the legality of the permit transfers is also at issue. In November, 2023, the City issued the original permit, under Modem Services, LLC. This permit was for a "detached existing garage to be extended and have a second floor added to be converted into a playroom." On October 1, 2024, however,the City transferred the permit to Builder Plus, who continued the project at the Property under a new classification of "attached garage remodeling" adding an extra bedroom and bathroom. In this regard, the builder and/or the Robinowitzes have made gross misrepresentations and been untruthful with the City. This project at the Property is NOT a remodel, and the representation is simply untrue; and the City cannot allow the Robinowitzes to benefit from their misrepresentations. The builder's and Robinowitzes' actions raise significant concerns about how two separate permits for completely different types of construction could be transferred. It also raises concerns because the new construction should have been subject to stricter regulations, and the builder, the Robinowitzes, and the City ignored them. The project is undeniably a new construction; it is not a remodel as stated in the second permit application. Accordingly, the builder and Robinowitzes were required to follow new construction codes rather than those for remodeling. No one was grandfathered. Furthermore, the Robinowitzes did not submit a drainage plan before starting construction, and the structure is dangerously close to our garage apartment, with no firewalls planned. My 81-year-old mother lives in our garage apartment, and her bedroom is adjacent to the new construction. More concerning is that the Robinowitzes and their builder clearly attempted to manipulate the City's system by re-categorizing the type of project which was entirely false. On October I, 2024, they submitted their second permit application only after my September 24, 2024 initial complaint and after Builder Plus had already started constructions. A different builder cannot start/continue work under another terminated contractor's permit. The original contractor, Modern Services, LLC, had obtained the necessary permits but the Robinowitzes terminated this builder before he started construction. In May, 2024, he then terminated with the City. According to the original contractor, they never poured the concrete foundation, and the photo from May, 2024, attached hereto as Exhibit B confirms no concrete had been poured at that time. The first permit had, in fact, expired May 8, 2024. The Robinowitzes were building without a permits The Robinowitzes seemed to have intentionally ignored the City requirements and should not benefit as a result of their errors and violation while their violations prejudice their neighbors. The construction NEVER should have commenced when it did. As of December 11, 2024, only construction plans on file with the City were those submitted by the first builder on February 12, 2024. Builder Plus should have submitted new construction plans because the scope of the project at the Property is significantly different from the original design. Additionally, The Robinowitzes never notified us or the Dunns of the revised construction or construction outside of applicable code and guidelines as is required by the City. On information and belief, there was no utility check with 811 locate. There is no record of soil testing to assess the land's permeability for this larger NEW build with an expanded foundation footprint. The unsympathetic "hardship" the Robinowitzes cite in their variance request is elk inflicted because they intentionally manipulated the system and the City and chose to misrepresent the scope of the project as a remodel, not new construction which it obviously is. The Robinowitzes' gross misrepresentations led to the City issuing improper permits from beginning to end. If the builder had followed basic procedures and properly measured the setbacks correctly from the beginning, this issue would not have occurred and would not have escalated to this point. Hardship cannot be self-inflicted especially when the Rabinowitzes alleged issues greatly prejudice their neighbors and do not take their neighbors ability to use their property to its fullest extent. Moreover, the Robinowitzes' "hardship" does not include monetary concerns as outlined in the City's variance guidelines. See Appendix A, Article 11, Sectionll-102 al. We and the Dunns are innocent victims in this situation, and we and the Dunns have endured undue stress and hardship trying to protect our interests and protect the ability to use our own property. As medical doctors, we live by the Hippocratic Oath to "do no harm," and we would never intentionally harm our neighbors or compromise the integrity of our neighborhood in this manner. We and the Dunns are prejudiced because, among other reasons, the Robinowitzes building and roof lines are over the applicable setbacks which means that when we want to construct improvements near our property line and within the setbacks, we will be unable to build within the applicable setbacks because the Robinowitzes built over their setbacks, and the distance between the two structures will be too close to one another. Finally, we remind the Board that City codes are the law of the land; permits should never override them. While mistakes in permitting may occur,the City cannot excuse violations of city codes and others'property rights. These codes exist for a reason. The Board cannot grant this self-inflicted request for variance because granting this variance would reward the Robinowitzes'flagrant manipulation of the system and their gross misrepresentations throughout this process. The Board cannot approve this variance because it would create a slippery slope and weaken the City's oversight authority by conceding that blatant disregard for these codes can simply be brushed under the rug to the detriment of neighboring homeowners. Such an action by the Board would set a dangerous precedent for future construction in West University and create this slippery slope. The Robinowitzes and their builder grossly and intentionally misrepresented the intent of this construction from the outset, and their misrepresentations are what led to the city's improper issuance of permits. The City cannot reward these errors. The building is too tall. The building is over the applicable setback lines. The soffits are too wide. The window is misplaced. The variance board cannot compound these mistakes and make Robinowitzes' neighbors the victims. We respectfully request that the board DENY the Robinowitzes'request for variance, and the Board should and require them to rebuild in compliance with the City's construction codes for NEW construction. Granting this variance will negatively impact property values, disrupt neighborhood stability, and set a troubling precedent for future development. We strongly believe the City's rules, regulations,and laws must be upheld to protect the rights of ALL residents, and we urge you to stand with the law-abiding citizens of West University, including ourselves and the Dunns. If the Board grants this variance, Roger and I will have no choice but to pursue an appeal, and we reserve all rights and remedies available under Texas law including, without limitation, pursuing legal action and injunctive relief. We will also pursue our attorneys' fees and costs. The Robinowitzes should simply be required to comply with the City's building codes, and any "hardship" allegedly incurred is a result of their misrepresentations and manipulations. The Board cannot let misrepresentations and manipulation carry the day. Denial of the request for variance will work to the benefit of the whole, and we strongly hope that is the path the Board chooses to follow. Thank you for your attention to this matter. Please feel free to contact us with anyquestions or concerns. Very truly yours, f E My Linh g n and Roger Le Section 11-102. Findings; burden of proof. (a) Variances.The ZBA may not issue or modify a variance unless all of the following circumstances are present: (1) The ZBA has made all findings and determinations required by state law for the granting of a variance.A "special condition"or"hardship"that is self-created,personal or based only on financial reasons is not sufficient to support the issuance of a variance. (2) The ZBA has made any additional findings and determinations required by a specific provision of this section which relates to the variance. (3) The variance has been reduced to writing and includes any conditions prescribed by the ZBA or required by this section for the variance in question. (b) Special exceptions.The ZBA may not issue or modify a special exception unless all of the following circumstances are present: (1) The ZBA has determined that the proposed special exception will not cause any significant increase in on-street parking,will not cause any substantial traffic congestion,will not cause any substantial increase in traffic or an unreasonable burden upon utility systems or upon any other public facility or public service. (2) The ZBA has determined that the proposed special exception will be in harmony with the general purpose and intent of this section. (3) If the proposed special exception involves a bar,the ZBA has found that the applicant has clearly demonstrated that there is a readiness,willingness and ability to comply with all applicable laws, rules, regulations and ordinances relating to alcoholic beverages. (4) The ZBA has made any additional findings and determinations required by a specific provision of this section. (5) The special exception has been reduced to writing and includes any conditions prescribed by the ZBA or required by this section for the special exception in question. (c) Burden of proof The applicant has the burden of presenting evidence to the ZBA and persuading the ZBA that: (1) Each circumstance required for a variance or special exception is present;and (2) Each required finding and determination is supported by substantial evidence. (Ord.No. 1882,§ 1(ex.A), 11-10-2008) Created: 2024-07-14 13:49:45 [EST] (Stapp.No.45) Page 1 of 1 APPROXIMATE BUILDING TIMELINE 11/10/23 first permit applied for 633 sf of improvement, valuation $45,000 no classification of work 4//2/24 first permit approved 5/24 first contractor was fired &terminated his contract with the City confirmed that he did not pour the new cement foundation 5/8/24 original permit expired on this date and we did not receive notification letter about the expanded new build 7/24-9/24 second contractor started construction sometime within this timeframe stated that the cement foundation was already poured before him NO building permit application for this new construction was filed yet 9/24/24 our initial communication with second contractor to discuss concerns of setback being too close&drainage issues 10/1/24 second contractor finally filed application weeks AFTER construction was initiated. Filing was for 1364 sf of improvement, valuation $165,000 class of work was ADDITION, but description was remodeling BUT CITY RETRO DATED APPROVAL on 10/3/23 QUESTIONS? 1. There was a gap from 5/24 to 10/24 where no permit was on file, who poured the expanded concrete foundation? 2. The second contractor started new construction prior to approval of permit, is this allowed in WestU? 3. The confusing classification of work vs. description of work, what was intention behind this? 4. The scope and valuation of improvements was nearly tripled. Clearly these are two completely different projects. How could he City approved this with a mere transfer of of the same permit? . • e . t--- , _ ! 70- i$, r, City of West University Place Public Works Department BUILDING-PERM1T APPLICATION Development Services I PROJECT INFORMATION t 1 PROJECT INFORMATION cl--c:,',/- - ,, . __. . , .._ ,.. ....,..„ , , ZONING DISTRICT FL $ I I,Ho I/X-,/NrWE IRobinowitz Garage BLOCK L 0 1 I 'HA!EGI •VII)f-If : I 5 _LThe East 60 feet of Lot 7 3117 Carnegie St. OCCUPANCY TYPE. Ur!' STATE I ZIPCODE —1 I OR O LI i ESIDOITIM. Ill CMMERCIAL PIDUSTRIAL West University Tx 1 T7005 CLASS OF WORK [PROPERTY OWNER _,... Draw Lisusectet. ,...'Def&CX.MON L3AnomoN i E WC;I NAME r‘AvNE Hi I 1 ,,A.S1 NAME(OWNEFO RENOVATION I DEMOLITION Don and Nikki I Rabinowitz ,._ -- — ,As required Oar Pubic or Commercial bleedings by Senate Bill SO9 l MAii 1NG ADDRESS Efloc1Ive January 1.2002 ; 311 7 Carnegie St. was an asbestos survey portomseci TDI-I INSPECTOR LICENSES 1 , - in accordance with Taxe.s Asbestos NUMBER I PHONE NUMBER -1-E_MAIL Health Protection Rules(TAHPR)ano 15126337 582 nvu994@rnsn.corn Ih e Memorial Emmen Standards kw I _ Hazardous kr Poaulants(NESNAPre -. I CONTRACTOR COMPANY 1 DATE Of SURVEY COPY ATTACHED- - I— I 71 YES 1.„11.0 I COMPANY NAME w I I cotaoirfoR9111120O Orts Elm I NUMBER , Modem Services, LLC. , OL-24-08700 NOTE:II me answer et No,then Be the OWeertoperator of the neeovatonmernation , -- elle.I understand that it is my responsibility to have this asbestos survey conducted COMPANY ADDRESS in accordance with Texas Asbeslos Health Proiecucm Rules ITAHPR)and National Ernisalcn Standards for Hazardous Air Pollutants INESHAP1 prior to a renovanory ;771 Old Phillipsburg Rd. Brenham,Tx 77833 demolition paned being issued by the City or West University Place. I prioNfr.NIM413FR 1 FAX NUMBER SIGNATURE -I DAT f '281-914-6174 I CONTACT PERSON i _ REWCENTIAL HRSI NAME T LAST NAME NUMBER OF STORIES i NUMBER Of BEDROOMS Fernando 1 Abascal Di VI 2 023 0 BASEMENT i 3 PHON'r NUMBER IJMA1L — GARAGE ! 0 OF BAD-LS 1713-922-7430 , terchoabascal@gmail.com I V , I II 02 03 04 0 ATTACHED WI DETACHED ' 4 EXTERIOR OFFICIAL USE ONLY I , - 0 BRICK USTONE UsTUCCO (1 OTHER 1 PERIUtliiE ' FRAMED AREA BUILDING HEIGHT BUILDING Si IF -— ; ' * \-5.)C1 011 FT 3 SO / 12.1f .rr. I Z/38 1 Pv 1 ,,RWATURF WORN CHARGE"-100%OF PERMil .FT. 4_ DESCRIPTION OF WORK i 1-- _. EXISTING GARAGE TO BE EXTENDED, ADD 2ND AN CHEcK'telt) BUJI.41% a FEE TOTAL F i • $ \ FLOOR TO BE CONVERTED INTO A PLAYROOM. Is-344. I $ .. VALUATION Of PROJECT ! IMPI-KNF•MF NI:-. 1 Hi-CF IV )ti`r Vi. TIME STAMP I a\r-T-j1)1 $45,000 633- 50,FT. . - [SIGNATURE OF PE • if TEE • ['AT, i NO!:XCEPTIONS IAKEN DATE , . . ,44 ; 4% INSPECTION REQUEST * - ••2.5005 1 BEFORE 430 PM FOR NEXT DAY MALMO PERMIT _ . . 3826 AMHERST ST.WEST UNIVERSITY PLACE.TX 77005 I 713 662 5833 1 INSPECTiONSPWESTUTX.GOV rev 01092920 PAGE I OF 2 • °City of West University Place Public Works Department (c) Procedure Development Services The building official shall not Issue any permit for any development or predevelopment activity unless all of BUILDING—PERMIT APPLICATION the following have first occurred- TREE DISPOSITION CHAPTER 82 SECTION 82-3 1. Tree Survey The applicant must have filed a tree survey, and the urban forester must have approved it for compliance with this chapter 2. Tree Disposition Conditions [ TES1 Tree disposition conditions approved by the urban forester must have been inserted into the permit.{• Complete copy of Chapter 82 is available in the Permit Office. The urban forester may require all persons owning land • Separate Permit is required for Tree Disposition. where a tree is located to agree to any removal of or damage to the tree authorized by the conditions. (a) General Requirement Every permit for development Or predevetopment activity must (d) "Low-Impact" Exception contain tree disposition conditions meeting the requirements of this section. Except for the requirement to insert the mandatory conditions, this section does not apply to a subject site, project or other (b) Essential and Mandatory Conditions activity that will not have any significant,adverse effect upon any Tree disposition conditions are the most important means of large tree, as determined by the urban forester, protecting the urban forest of the city from unreasonable harm during development and predevelopment activity.Tree disposition conditions shall Notice Concerning Deed Restrictions: The property on which your are building may be subject to deed restrictions. It is your 1.Prohibit removal of or damage to any large tree,except: responsibility to determine the existence of and comply with any a.Removal of a tree which is diseased, severely valid and existing deed restrictions. Permit approval by the City damaged or dead may be authorized; does not act as a waiver or permission to violate a deed restriction, b.Damage to or removal of a tree which causes an unreasonable impediment to the use and enjoyment of the applicants property may be authorized;and [ACKNOWLEDGMENT C.Damage to or removal of a low-value tree may be authorized I het eby certify I have read and examined this document and know the sane to be hue and correct.All provisions of law and ordinances governing this type of 2.Require replacement trees,to the extent provided in I work will be complied with whether specified herein or not.I further understand the Criteria manual,for any large trees authorized to that plans submitted for approval wilt be subjected to a comprehensive check be damaged or removed, against municipal ordinance and building code.Any set of plans that must be returned formodilicanons or correchons in order to come into compliance with EXCEPTION:No replacement is required for low-value trees, ordinance or code will be subject to rechecking in order of submittal.Under no ;?K 3.Require Pr;otection for Large Trees and Critical Root Zones circumstances will paid tees be refunded or transferred. Applications and plena we be held lot 110 cloys.After ISO elsys this application The condibons may specify the methods of protection and plans we be disposed of unless a vaNd bulkling pm*iv easel to be used. SEPARATE PERMIT REQUIRED Fence,PoollSpa,Fiala/ark,!rhombi:in, 4.RequIre that any Authorized Dernege to Trees be Drainage(below grade).pavers,MEP's. Minimized and Mitigeted. 7- ; SIGNATURE OF FEW The conditions may specify methods of mitigation to be used OATE, 5.Require,if there is motor development, ; tr,1 T NAME that the affected subject site attain a minimum planting standard of tree density as set forth in the criteria manual. INSPECTION REQUEST LINE 713.663,5805 BEFORE 4:30 PM FOR NEXT DAY BUILDING PERMIT 3826 AMHERST ST.WEST UNIVERSITY PLACE,Tx 77005 I 713.862.5= INSPECTIONSOWESTuTX,GOV PAGE 2 Of 2 City of West University Place (Yrtfrs't Development Services 3826 Amherst Street West University Place,Texas 77005 Phone: 713-662-5833 Fax: 713-662-5304 PERMIT PERMIT NUMBER: BP-23-01279-01 APPLICATION DATE: 11/10/2023 PROPERTY ADDRESS: 3117 CARNEGIE ST, WEST ISSUE DATE: 04/02/2024 UNIVERSITY PL.TX 77005 PARCEL NUMBER: 039-296-000-0026 EXPIRATION DATE: 05/08/2024 LEGAL DESCRIPTION: TR 7B BLK 5 WEST UNIVERSITY PLACE SEC 1 BUILDING SITE ZONING: First Residential District PERMIT TYPE: RES BUILDING RMDURPRJADD APPLICATION VALUATION: 45000 OWNER CONTRACTOR DON&NIKKI ROBINOWTTZ MODERN SERVICES LLC 3117 CARNEGIE ST 10250 LANDS END#I08 HOUSTON, TX 77005 HOUSTON, TX 7'7099 (281)914-6174 NEW FRAMED AREA(Commercial): NEW FRAMED AREA(Residential): 633.00000 EXISTING FRAMED AREA: 2964 GRAND TOTAL FRAMED AREA: 3597 DESCRIPTION OF WORK: EXISTING GARAGE TO BE EXTENDED.ADD 633 SQ FT TO SECOND FLOOR TO BE CONVERTED INTO A PLAYROOM SUB CONTRACTOR: FEE SUMMARY CHARGED PAID DATE PAW RESIDENTIAL REMO-DEL PLAN $366.50 $366,50 11/1012023 CHECK RESIDENTIAL $633.00 $633.00 04/02/2024 REMODEL/ADDITION APPLICATION FEE-BLDG $100.00 S100.00 04/02/2024 RESUBMITTALS/REVISIONS $125.00 S125,00 02/12/2024 GRAND TOTAL $1,224.50 $1,224.50 NOTICE TO CONTRACTORS A PERMIT IS AN AUTHORIZATION TO PROCEED WITH THE WORK AND SHALL NOT BE CONSTRUED AS AUTHORITY TO VIOLATE. CANCEL, ALTER OR SET ASIDE ANY OF THE PROVISIONS OF CITY CODE. NOR SHALL ISSUANCE OF THIS PERMIT PREVENT THE BUILDING OFFICIAL FROM THEREAFTER REQUIRING A CORRECTION OF ERRORS IN PLANS OR CONSTRUCTION, OR OF VIOLATION OF CITY CODE OR ANY OTHER CODE,ORDINANCE OR REQUIREMENT OF THE CITY OF WEST UNIVERSITY PLACE,TEXAS PERMITTEE SIGNATU '7Vj iilizA'4r r 0 City of West University Place Public Works Department BUILDING—PERMIT APPLICATION Ca ramosity Development PROJECT INFORMATION I PROJECT INFORMATION ZONING DISTRICT FLOOD ZONE r ; PROJECT NAME. C• ,4. - , N tx..1 V a , 1 BLOCK LOT I PROJECT ADDRESS 5 occ,o ,,,c(TYPE 117 , 1311--1 cArae6rie 1-- ; or, 1 STATE ZIP CODE I fr.1;111DM E910E . 0 COMMERCIAL 0 INDUSTRIAL I VJ Vdi vm -r 6 yg -57?oar GLASS 01- wORK t PROPERTY OWNER 1 0 NEW C2 REMODEL 0 oemourosi ) ADOff ION '' ' HRS7 NAME(OWNER) LAST NAME(OWNER) RENOVATION/DEMOLITION Ai i it-st-I VI) As'squird ler PulMic or Common:4M buildings by Songs MP SOO MAILING ADDRESS Effective January 1,2002 /3 /-7 410024ltn.8 *-r.. Was an asbestos survey(»seamier, TOR INSPECTOR LICENSES ' in accordance with Texas Asbestos NUMBER PHONE NUMBER EMAIL Hewn',Protechon Ruies(TAI-IPRI arKT Sr 2 ‘ 3 7 c 2 2— A/vgq944 &RASA/.Aie eve Notional Ermsrvon Standards Ior Hazardous Au Poilirtanis(NE SNAP!? CONTRACTOR COMPANY DATE OF SURVEY COPY AI TACHED COMPANY NAME CONTRACTOR REGISTRATION OYES Li No _ OYES 0 mo ti i(.4:45X 1- I NUMBER NOTE:II lt,a answer,5 No then as the ownerlopeitiol ol me ninovatennidemiartert sae 1 understand alai a is Ty reSpOrniNity LCo Nave this asbestos survey ccarcludad COMPANY ADDRESS in acconlance+01 Texas Asbestos Haan Prolectian Rules(TAHPRI and Nailing, (reet, 2 rug.iJefoe-f-y c2102. itivz * Errvsson Standards lot Hara-cms Aa Ponufants tHESHAP)prior io a reflovatkyli demolition penile being issued Dy Pie City of West University Mace • oHONF NUMBER I.PA X NUMBER S 2?-7q- IGNATURE 11 DATE 7/3- q7 v 7 t 770 2 1______ I CONTACT PERSON 1 : RESIDENTIAL FIRS'NAMF 1 -;;AE--------- NUNIBER OF BEDROOMS : .1.)/t7U Ai r NAME I 01 * 0 2.5 0 BASEMENT i 4 i PtinNi; F ......... ... _.,AFT AGE- -4-17 HS' i 7/3 g 71,•it,7 7 4:001TIA))i @ i Di 722 'D 3 ::4 ATTACHED Ei DETACHED , i 01/41-E-7- OFFICIAL USE ONLY EXTERIOR *CI( 1:STONE . STUCCO -2f 0114ER i ---2-5.--a7- 7ct 1 FRAME AFrf A ! OT:itt"TING VIFIC,P-4, ! Bi111 DtP G S t T F. 1 .-7 . /7f4450,FT, 'C, __.FT: _,¢I 4.,_7_ SO FT : ,,,,, i,' 04-MARK ri•;1104(ii; .1,_)(1.-,OF Fs-Tem! 1 I flFSI-RIP T .10N OF wORK . 7- P, CHECINiNG Ff.;;E, Rik:DING PERMIT FEE TOTAL 1 , AicAcre A'gx4 oe, DEL:AJer 10() Ls _______ $ $ I , . . TIM , IJ _ ..,.. E S-AMP ' VA JATtry, s : rqf 1) f-• IMPW,IVL M=1,4 7 , i‘, V Ls _ ' i 3 4'ii. so PT . • ... .,,..„1 ---— 1-.0-t512:1. I _ _ INSPECTION REQUEST LINE 713.662 5005 , BEFORE 430 PM FOR NEXT DAY UIL INC PERMIT $626 AMHERST$1 WEST UNIVERSITY PLACE TX 770-05 I 713 662 5e33 1 INSPEC TIONS,,,wESTU Tx GOY rev 0)092020 PAGE I OF 2 1 It°0 Phone: 713_662_583C3ity of West University Place Development Services 3826 Amherst Street West University Place,Texas 77005 Fax: 713-662-5304 if)/ PERMIT PERMIT NUMBER: BP-23-01279-06 APPLICATION DATE: 10/03/2024 PROPERTY ADDRESS: 3117 CARNEGIE ST,WEST ISSUE DATE: I 0/03/2024 UNIVERSITY PL,TX 77005 PARCEL NUMBER: 039-296-000-0026 EXPIRATION DATE: 04/01/2025 LEGAL DESCRIPTION: TR 7B BLK 5 WEST UNIVERSITY PLACE SEC 1 BUILDING SITE ZONING: Third Single Family District PERMIT TYPE: RES BUILDING RMDUFtPR/ADD APPLICATION VALUATION: 165000 OWNER CONTRACTOR DON&NEKKI ROBINOWITZ BUILDER+ 3117 CARNEGIE ST 4002 TURNBERRY CIR HOUSTON, TX 77005 HOUSTON, TX 77025 (713)874-4777 NEW FRAMED AREA(Commercial): NEW FRAMED AREA(Residential): 1364.00000 EXISTING FRAMED AREA: 1794 GRAND TOTAL FRAMED AREA: 3158 DESCRIPTION OF WORK: GARAGE REPLACEMENT SUE CONTRACTOR: FEE SUMMARY CHARGED PAID DATE PAID I3LDG TRANSFER FEE S I 00.60 SI 00.00 10/03/2024 GRAND TOTAL $10000 $100.00 NOTICE TO CONTRACTORS A PERMIT IS AN AUTHORIZATION TO PROCEED WITH THE WORK AND SHALL NOT BE CONSTRUED AS AUTHORITY TO VIOLATE, CANCEL, ALTER OR SET ASIDE ANY OF THE PROVISIONS OF CITY CODE,NOR SHALL ISSUANCE OF THIS PERMIT PREVENT THE BUILDING OFFICIAL FROM THEREAFTER REQUIRING A CORRECTION OF ERRORS IN PLANS OR CONSTRUCTION, OR OF VIOLATION OF CITY CODE OR ANY OTHER CODE, ORDINANCE OR REQUIREMENT OF THE CITY OF WEST UNIVERSITY PLACE,TEXAS. PERMITTEE SIGNATURE: Dow j PRINT PERMITTEE NAME: City of West University Place Public Works Del:Norms-Ai. (c) Procedure Community Development The building official shall not Issue any permit for any development or predeveiopment activity unless all of BUILDING—PERMIT APPLICATION the following have first occurred TREE DISPOSITION 1. Tree Survey CHAPTER 82 SECTION 82-3 The applicant must have filed a tree survey, and the urban forester must have approved it for compliance with this chapter. 2. Tree Disposition Conditions [NOTES Tree disposition conditions approved by the urban Complete copy of Chapter 82 is ava forester must have been inserted Into the permit. ilable in the Permit Office. The urban forester may require all persons owning land • Separate Permit is required for Tree Disposition. where a tree is located to agree to any removal of or damage to the tree authorized by the conditions. (a) General Requirement Every permit for development or predevelopment activity must (d) "Low-Impact" Exception contain tree disposition conditions meeting the requirements of this section, Except for the requirement to insert the mandatory conditions, this section does not apply to a subject site,protect or other (b) Essential and Mandatory Conditions activity that Will not have any significant adverse effect upon any Tree disposition conditions are the most important means of large tree, as determined by the urban forester. protecting the urban forest of the city from unreasonable harm during development and prOdEivelOpMerd activity. Tree disposition conditions shall: Notice Concerning Deed Restrictions: The property on which your are building may be subject to deed restrictions, It is your 1. Prohibit removal of or damage to any large tree,except: responsibility to determine the existence of and comply with any a.Removal of a tree which i diseased,severely valid and existing deed restrictions. Permit approval by the City s damaged or dead may be authorized: does not act as a waiver or permission to violate a deed restriction. b.Damage to or removal at a tree which causes an unreasonable impediment to the use and enjoyment of the applicant's property may be - authorized:and I ACKNOWLEDGMENT c.Damage to or removal of a low-value tree may be authorized. iI hereby certify I have read and examined this document and know the same to De true and correct,All provisions of law and ordinances governIng this type of 2. Require replacement trees,to the extent provided in work wid be complied with whether specihed herein or not I further understand the criteria manual,for any large trees authorized to trial plans submitted kit approval will De subjected toe compreneneve check be damaged or removed, against municipal onance and Wilding code,Any set di plans that must be I returned for modiecations or corrections in order to come into compliance with EXCEPTION No replacement is required for low-value trees, ordinance or code mil oe suOlect to recheciung in order of suOnilitid under no orcumsiances will pod fees be refunded or transferred 3. Require Protection for Large Trees and Critical Root Zones Appacations and plans will be held tor 180 days,Atter ISO days this applicietion The conditions may specify the methods of protection end plans will be disposed ot unless to valid building permit Is issued. to be used SEPARATE PERMIT REQUIRED Fence,Pool/Spa.network.Irrigetton, 4. Require that any Authorized Damage to Trees be Draho.loo tbrsicov grade) prwers MEPs Minimized and Mitigated. 10.;114" PH ATE The conditions may specify methods of mitigation to be used D /6// /24? 5., Require,it there is major development, that the affected subject site attain a minimum planting standard of tree density as set forth in the criteria manual b/4170/1/4) bz5-47%1 INSPECTION REQUEST LINE 713,662.5005 I BEFORE 4311 PM FOR NEXT DAY BUIUMG PERMIT .1826 AMHERST ST WEST ur4IVEHSt PLAL:E. TX 17Q05i 71J 6i S/JJJ i INSPECT iOnlij,!,WEST u TX GOV PAGE 4 Or k vi , D / /40 **"' : .„0.„, 1 Ilr,„,k.1:, -. , , „..""'..j,..,..'"'":..s""'Za"''''_.. 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