Loading...
HomeMy WebLinkAbout06052025 BSC Agenda Item 3 City of West University Public Works Department Place p To: The Building and Standards Commission From: Chuck Sandifer, Chief Building Official Date: June 5, 2025 Re: Requesting a variance to rebuild a fence in its current location,which is outside the property line to encroach 4.8 feet into the city's right-of-way on the west side of the property. Background Information: The City of West University Place received a permit to replace a fence that was damaged in July 2024 during Hurricane Beryl. Upon receipt of the permit application staff noted that the proposed location of the new fence was beyond the property line and positioned in the city's Right-Of-Way (ROW). Staff informed the applicant that constructing a new fence beyond the property boundary is prohibited and the new fence must be in compliance with the current codes. The applicant submitted a variance request to the Building and Standards Commission(BCS) on February 18, 2025, requesting consideration for their application and permission to replace the fence in its previous position. In its previous position the fence encroached into the city's ROW 4.8 feet. Staff notes that in addition to the determination of the BSC,the applicant will still be required to obtain an agreement from the City Council in order to construct the fence in its previous location. Applicable Regulations: • Sec, 74-2. Definitions. Right-of-way shall mean area on, below, or above a street, sidewalk, alley, waterway, or utility easement in which a governmental body has a legal interest. The term does not include the wireless telecommunications. • Sec. 18-201.—Property Lines. It shall be the responsibility of any person who constructs a fence, or causes it to be constructed, to locate the fence within the property lines. • Sec. 70-200.—ROW fees.; (a) 3826 Amherst St. www.westutx.gov West University Place, TX 77005 713-662-5830 City of West University Place Public Works Department In general. Each user shall compensate the city by payment of a ROW fee as provided below. Exception: This requirement does not apply to telecommunications facilities, to the extent fees are prohibited or preempted by V.T.C.A., Local Government Code Ch. 283. Staff Report: Staff is charged with being stewards of the public domain. As a matter of accountability staff must prohibit the "granting" of public land for private interest. Staff is bound by the legal regulations and standards that prohibit permitting a fence beyond the boundaries of the applicant's property. Staff has conducted a site visit with the City Arborist, Building Inspector, and Assistant Director of Public Works. Upon the direction of the City Arborist, a fence can be built on the property line without damaging the existing tree. His recommendation required sections of the fence line to be "hand dug"to protect the roots but the position of the fence is capable to be in accordance with standards and regulations. Staff submits that although this fence has been positioned beyond the property line prior to the receipt of the permit application that it should be brought into compliance at this time. We are at the nexus of a non- compliant feature and an application to reconstruct said feature, now is the time to most seamlessly bring this feature into compliance. Staff Recommendation: Staff recommends the BSC deny the variance request. Staff has received input from the City Arborist who has determined that the fence can be constructed in a compliant location without damaging the existing tree and staff is bound to prohibit construction of a fence in the public domain intended for private interest. Sec. 18-20. Variances.: a) Generally. The BSC has limited authority to issue variances from ordinances subject to its appellate authority or quasijudicial enforcement authority. b) Applications.Any person who is restricted or regulated by the provision of the ordinance in question may apply for a variance. However, the application must either be signed by the owner of the property involved or must be accompanied by written proof that the person who does sign has specific authority from the owner to apply for the variance sought.Applications for variance must be made upon forms prescribed by the building official, must be complete, must be signed under oath, must be accompanied by the fee prescribed by the city and must be filed with the building official. The application must include the following: 3826 Amherst St. www.westutx.gov West University Place, TX 77005 713-662-5830 City of West University Place Public Works Department 1) The particular requirement, cited by section and paragraph number, from which a variance is sought. 2) The nature of the hardship imposed by the requirement. 3) Any proposed condition, alternative method or procedure to be followed in lieu of the requirement. 4) The effect of the requested variance, upon the city as a whole and upon nearby residents and properties. 5) The estimated cost, in dollars, of complying with the requirement. 6) Other items required by the building official or the BSC. c) Handling; notice. The building official shall transmit applications to the BSC, which has sole authority to issue variances. If the building official determines that an application would possibly have a significant effect upon other properties or persons, the building official shall attempt to provide notice to such persons prior to the time when the BSC will consider the variance. Such notice may be given by publication,posting or mail, as the building official may determine. d) Permissive factors. In considering a variance, the BSC may take the following into account: 1) Whether the variance will assist in the protection or preservation of historic structure or in the protection or preservation of old stock housing(as such housing then exists or as it may be proposed to be remodeled or expanded). 2) Whether the application involves remedial work necessary to bring a structure into compliance with applicable ordinances. 3) Whether there are other similar circumstances in existence. e) Mandatory factors. In considering a variance, the BSC shall take the following into account: 1) Whether the applicant has made an earnest, good faith effort to comply with the requirement. 2) Whether the applicant brought the matter to the attention of the city on his own motion, without intervention or enforcement action by any city official. 3) Whether alternative methods or procedures will achieve the same, or substantially the same, result as literal compliance with the requirement. f) Required findings. The BSC may not issue a variance unless it affirmatively finds 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. 3826 Amherst St. www.westutx.gov West University Place, TX 77005 713-662-5830 City of West University Place Public Works Department 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. 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. g) Form of variances; conditions; recordation.No variance is effective unless it is in writing and signed by the duly authorized officers of the BSC. The BSC may impose restrictions or conditions upon any variance and may require that notice of a variance be recorded in the real property records of the county, at the expense of the applicant. h) Effect of variance. Variances do not create any property right or vested right. Variances remain subject to the regulatory control of the city. When a variance has been issued, the building official may not deny a permit because of noncompliance with the requirement affected by the variance,provided that all conditions are complied with. It shall be an affirmative defense, in any proceeding to enforce the requirement, that a variance was issued to authorize the conduct in question, that the variance has not been modified or revoked and that all applicable conditions have been fully observed and complied with. i) Revocation; modification. The BSC may revoke or modify any variance previously issued, provided that a good faith attempt is first made to notify the person who applied for the variance. 3826 Amherst St. zvww.westutx.gov West University Place, TX 77005 713-662-5830 • I OF 3yE57 uryj`figS City of West University Place ,. r, APPLICATION TO THE BUILDING AND STANDARDS COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS ("CITY") TEXAS Address of site: -2-1 3 g 7?L) b b 1t .fi tr- -- Legal description of the site: LT ` v off'14 1 -$ -LI.A5 G tu.(1--r Applicant: A W L -( 4 U: 1k kw'5 Address: 213 TA-1101) SiYi 1 -H DU 51ev , Th. 't-L D DS- Contact: ( I I'y 6 1,011 Li.A.vv13 Phone: /; a.'4-1144.59_ ' 5 Fax: Email Address: C O IA'II e.1/LA)Au'Z.rY1 5 t4L> q of 041. co ry 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: ( Variance. • Exact code of ordinance section from which a variance is requested: S-t . • 1 Q- Ik Se-!-' I.1?).' c)--D--S • Exact wording of variance requested: Rex Ail%3,i '.0►-, -ro re.\O f zr,Le, iY1 (*).rC C i I Di-6-1\3Y.' ota-V AL P "v f e Other Data. Are there drawings or other data? ( )No ( es (list items here and attach them) State of I eXCIS County of 1 I>' tY-t This,instrument was acknowledged before me on E�vXw (' 20�`, by cc .-z, ‘1k.t v' . g1/4,e,�l YODALI SIOMARA GUZMAN :Notary Public, State of Texas =�, `Q= Comm. Expires 09-07-2027 _.ntt Notary ID 134544778 ---.- , Notary Public *****$500 FILING FEE. PROVIDE ORIGINAL PLUS 15 COPIE' (16 TOTAL) OF ALL SUBMITTALS***** Signature of applicant: Date: 2 ) 3 / 2 c 2e For Staff Use only Date filec 51 t •(.J.��te'heard: \ON? 1 ocket#:V�� CS'VODD Form BSC-102 • • Dear Members of the Buildings and Standards Commission(BSC), We, the owners of 2738 Talbott Street, respectfully submit this variance request regarding the position of our fence. Our request is to rebuild our damaged fence in its current location,where it has stood for more than 20 years,which is outside our property line in the City's right-of-way. We will present that granting this variance will allow us to protect a historic tree; cause no harmful impact to the City or any neighbor; and protect ourselves and our neighbors from an unnecessary risk of hardship. In the following materials,we address each of the nine variance statutes laid out by the BSC. We have done our best to answer each question with as much detail as possible,to ensure there is no question that our request strictly adheres to each requirement. The following materials include: 1) BSC Variance Application 2) Exhibits A and B—Independent reports from certified arborists,Davey Tree and ArborTrue 3) Exhibit C—Background on the position of the fence& letters from prior owners of the property 4) Exhibit D—Property Survey 5) Exhibit E—Letters of support from neighbors 6) Exhibit F—Financial Burden Estimates Additionally, we encourage you to visit our property to view the tree, easement, surrounding easements, and fence position for yourself. We believe when you see it in person,you will truly understand the unnecessary risk that moving our fence 4.8 feet onto our property line would cause,and how our desire to protect the tree comes at no impact to our city or our neighbors. As a couple, this is our third home to own in West University. We have lived here for 12 years together, and Caroline has lived in West University her entire life. We love supporting the community through the Park Lovers Ball,West University Little League, Cub Scouts, and our local school. We love our lot, caddy-corner to Whitt Johnson Park. Our home serves as a communal gathering point for friends when they visit the park, with an"open back door policy"allowing children to enter our yard from the park for a glass of water or AC break. Our backyard has hosted birthday parties and is home to our beloved golden retriever Sophie. The stately tree has held swings and multiple pinatas for our children,and provided endless hours of shade for backyard play in the summer. We love our neighbors, who are like family to us, and plan to live and raise our children here for years to come.We do not wish to remove the historic tree,but we also cannot risk damage to our home by building a fence that cuts into the tree's root zone. All we ask is that we are able to leave our fence where it has stood for 20+years. We brought this matter to the city on our own volition, without intervention or enforcement. We have followed all City protocols over the past eleven months, cooperating with the Public Works Director, City Manager, and Inspector. We have done our due diligence in gathering quotes and opinions from fence companies and external arborists, at our expense. We have spoken to countless neighbors, secured a new property survey, and worked to be in complete compliance with all City requests.At this point, we have put hours of our own time and thousands of our own dollars into this process. We have faith in our volunteers and elected officials, and we hope the BSC will see our request as a way to preserve our scenic community, with honesty and transparency. Thank you for your consideration. Respectfully, Caroline and Edward"Ward"Williams Page 1 of 1 • • BSC Variance Application-Williams Family-June 2025 This application is submitted on behalf of the Williams family for a variance from sections of the City of West University Place Code of Ordinances: Sec. 18-201, which mandates that fences be located within property lines, and Sec. 18-203,which requires boundary fences to be constructed immediately along the property line or as close as practicable to it. This variance is sought to permit an existing residential fence, located at the Williams family's property at 2738 Talbott Street, to remain in its current position, which includes a partial encroachment upon a municipal easement or right-of-way, and therefore deviates from the strict placement requirements of Sec. 18-201 and Sec. 18-203. This application will illustrate how affirmative findings for each of the nine points collectively satisfy the City of West University Place's Buildings and Standards Commission established tests for the approval of a variance. This application is substantively supported by detailed arborist reports from the reputable firms ArborTrue and Davey Tree(Exhibits A&B), a comprehensive History of the Fence which includes statements from previous owners,the Frew and Athon families (Exhibit C), Site Survey (Exhibit D),Letters of Support from Neighbors (Exhibit E), and Financial Burden Estimates (Exhibit F). These documents are incorporated herein by reference and are appended as exhibits for the Board's review The Williams family will demonstrate that all requisite criteria for the granting of this variance are satisfied. The argument will systematically address nine specific points, establishing a clear and compelling case for approval. Affirmative Statements Supporting Variance Approval 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. The requirement to remove or relocate the existing fence to strictly comply with Sec. 18-201 (location within property lines) and Sec. 18-203 (construction along property lines) imposes an exceptional and unnecessary hardship upon the Williams family. This hardship is not merely financial but stems from a confluence of unique physical conditions of the property,the long- standing nature of the fence, and the substantial, detrimental,and largely non-recoverable impacts that strict compliance would entail. The unique conditions of the property are most notably characterized by the presence of significant, mature trees.As documented in the arborist reports from ArborTrue and Davey Tree (Exhibits A and B),the current location of the fence is intrinsically linked to the preservation of a valuable, 100-year-old tree. These reports identify the specific tree, its species, age,health, and substantial contribution to the aesthetic and environmental quality of both the property and the surrounding neighborhood. The arborists have determined that the fence, in its current alignment, protects critical root zones; and relocation to achieve strict ordinance compliance would necessitate destructive trenching or post-hole digging within these zones, leading to irreversible Page 1 of 11 • • BSC Variance Application-Williams Family-June 2025 damage, decline, or the outright removal of this irreplaceable natural asset. The loss of this tree represents an environmental and aesthetic hardship far exceeding simple monetary considerations. The estimated cost to remove this tree, should its health be compromised by fence relocation, is greater than$30,000(see Exhibit F: Financial Burden Estimates). The "History of the Fence" (Exhibit C) further illuminates the nature of this hardship. The fence was constructed over twenty years and three homeowners ago, and the hardship is not self- created by the Williams family. The Williams have reasonably relied on the fence's current location for ensuring the safety of children and pets,providing essential privacy due to the lot's configuration, and defining a usable yard area made necessary by the property's topography and the extensive canopy of the tree. While financial cost alone may not constitute exceptional hardship,the totality of the costs associated with fence's removal and relocation to comply is significant. These are not speculative costs but direct consequences: fence demolition, new fence construction in a less desirable and potentially damaging location, extensive landscaping repair and attempts at tree mitigation (detailed in Exhibits A and B), possible regrading of the yard, and the substantial costs of reworking established irrigation and drainage systems. The estimated incremental financial burden associated with moving the fence to the property line alone starts at$11,000 and could easily approach$50,000 with engagement of a landscape architect to overhaul the useable yard space(see Exhibit F). The hardship is a complex interplay of physical site characteristics,the historical context of the improvement(including the experiences of prior owners),and the disproportionately negative impact—both financial and non-financial—that strict ordinance enforcement would precipitate. The arborist reports are critical in transforming what might be perceived as a mere financial concern into a demonstrable environmental and aesthetic hardship, with consequent financial burdens that are unavoidable if the tree is to be protected. 2)No reasonable and feasible method or procedure is currently available to comply with the requirement. The Williams family have diligently explored alternatives to the existing fence configuration and have concluded that no reasonable or feasible method or procedure is currently available to comply without incurring the exceptional hardship detailed above or creating new, equally adverse consequences. The impracticality of relocating the fence is a central finding, heavily substantiated by the expert opinions contained within the ArborTrue and Davey Tree reports(Exhibits A and B). These professional arborists have concluded that moving the fence to a location entirely within the property lines and along the boundary as required by Sec. 18-201 and Sec. 18-203 would necessitate construction activities directly within the critical root zones of a mature,protected tree. Such disturbance would inevitably lead to severe stress,decline, and probable death of this Page 2of11 • • BSC Variance Application-Williams Family-June 2025 tree, which is a significant asset to the property and the community.An alternative is not "reasonable" if it merely substitutes one significant hardship(loss of easement use by the City, which is not currently occurring) for an even greater one(destruction of valuable private property in the form of mature tree and loss of usable yard space for the Williams family). The "History of the Fence" (Exhibit C), incorporating statements from previous owners, may further indicate that the fence was originally sited in its current location for specific,practical reasons that remain valid today, such as to consciously avoid damaging the then-younger root systems. Consideration was given to alternative fence types or materials for the current location. However, the fundamental issue is the fence's location in relation to the property lines as mandated by Sec. 18-201 and Sec. 18-203 and its encroachment into the easement. Moreover, such alternatives fail to meet the Williams family's legitimate needs for security for children and pets and reasonable privacy. This demonstrates that the Williams family have considered various design options in an effort to meet the minimum requirements,a consideration pertinent to variance requests. Due to the unique "special conditions" of the Williams property the irreplaceable mature tree, the lot's specific topography,and the existing layout of improvements there is no practical "design around" solution that would allow for ordinance compliance without imposing the severe hardships previously outlined. The arborist reports effectively serve as expert testimony on the practical limitations imposed by the trees, confirming that construction activities necessary for fence relocation would violate best practices for tree preservation and are therefore not feasible if the trees are to be saved. 3)The imposition of the requirement is unjustified because of good and sufficient cause demonstrated to the BSC The demand for strict compliance with Sec. 18-201 and Sec. 18-203 of the Code of Ordinances, necessitating the removal or relocation of the Williams family's fence, is unjustified in this specific instance due to good and sufficient cause. This cause is primarily evidenced by the fence's long-standing and uneventful existence, its harmonious integration with the property and the surrounding environment,and the conspicuous lack of any demonstrable negative impact on the easement's utility or the broader public interest. The "History of the Fence" (Exhibit C) is paramount in establishing this good and sufficient cause. It details that the fence has been in its current location for over twenty years without incident. During this extensive period,it has not caused any operational problems for the City, interfered with the intended use of the easement(e.g., utility access or maintenance, if that is the easement's purpose), nor has it generated complaints from neighboring property owners or City officials. Indeed,the Williams family has received multiple letters of support from their immediate neighbors, who attest to the fence's harmonious presence and lack of any negative impact(see Exhibit E). If the easement is designated for public utilities,the fence does not Page 3 of 11 • • BSC Variance Application-Williams Family-June 2025 impede access; for instance, existing gates provide adequate access and utility providers have historically accessed the easement without issue, while the specific area of encroachment is not critical for accessing key utility infrastructure. Exhibit C summarizes prior communications with the City and explains the circumstances that precipitated the current enforcement action. The current demand for compliance represents a shift in administrative approach or interpretation, rather than a response to a persistent problem caused by the fence itself. This context is vital in arguing that the "fault" is not with the Williams family's fence, which has coexisted peacefully with the easement and property lines. Furthermore, as will be detailed under point 5,the fence, while technically encroaching and not strictly on the property line as per Sec. 18-201 and Sec. 18-203, does not violate the underlying purpose or spirit of these ordinances or general easement regulations. Strict enforcement in this context would therefore appear to be an unnecessary and punitive measure, serving no compelling public interest that outweighs the hardship to the Williams family. The Williams family is acting in good faith by seeking a variance,thereby acknowledging the City's regulatory authority and seeking a cooperative resolution. They are willing to formally agree to maintain the fence to a certain standard, ensure unimpeded gate access as necessary or requested by the City,and execute a hold-harmless agreement for the City regarding the encroachment. This proactive and transparent approach underscores their commitment to responsible property ownership and further constitutes good cause for the granting of the variance. 4)The variance will not introduce or increase any threat to public health or safety. Granting this variance to allow the Williams family's fence to remain in its current location will not introduce or create any new,nor exacerbate any existing,threat to public health or safety. The fence, in its established position and current condition, is demonstrably safe, does not impede necessary visibility or emergency access, and the associated landscaping, particularly the mature tree, is professionally maintained and poses no hazard. Leaving the fence in the exact location it has been for at least twenty years cannot"introduce" or"increase" anything at all, because the request is effectively asking to maintain the status quo. The structural integrity and diligent maintenance of the fence are key to this assertion.As can be attested from its history (including its existence during the ownership of the Frew and Athon families)and current observation(detailed in Exhibit C),the fence was structurally sound and maintained in good repair prior to Hurricane Beryl, consistent with the City's requirement that all fences be so maintained to avoid endangering any person or property(Sec. 18-212). The fence's location does not compromise public safety with respect to visibility or access (see Exhibit E and the letter of support from the Weiss family whose driveway is closest to the fence). It does not obstruct essential sightlines for vehicular traffic, such as at driveway intersections Page 4 of 11 • • BSC Variance Application-Williams Family-June 2025 with sidewalks, thereby adhering to the principles of maintaining driveway visibility triangles (Sec. 18-208(d)). Critically,the arborist reports from ArborTrue and Davey Tree(Exhibits A&B)provide expert confirmation that the mature tree located near the fence and with root system within the easement area is structurally mature and receives regular professional maintenance. These experts have conducted risk assessments and found the tree as is to pose no undue risk to public safety. Healthy,well-maintained trees are an asset, not a liability. However,manipulation of the tree's critical root zone,to comply with this ordinance, would introduce unnecessary risk to the tree, and in turn to the Williams family's home and their neighbors'homes. Why increase risk. 5)The variance is consistent with the purpose and intent of the ordinance in question. Granting the requested variance is not only consistent with,but in certain respects,advances the fundamental purpose and intent of the City of West University Place's ordinances governing fence placement(Sec. 18-201 and Sec. 18-203). The purpose of the City's fence ordinances, including Sec. 18-201 (location within property lines)and Sec. 18-203 (construction along property lines), generally includes ensuring public safety, providing for orderly property delineation,maintaining aesthetic standards, and preventing property disputes. While the fence's current location is a technical deviation from the strict letter of Sec. 18-201 and Sec. 18-203, its long-standing presence without dispute, its contribution to the protection of this mature tree, and its otherwise compliant nature(e.g., meeting height requirements under Sec. 18-200)demonstrate that the spirit of these ordinances is upheld. The fence clearly delineates the Williams family's maintained yard,and its encroachment has not led to disputes or ambiguity regarding property use. This approach is further supported by the sentiments expressed by the Williams family's current neighbors(Exhibit E)echoing this appreciation for the existing landscape and its contribution to the neighborhood's character, reinforcing that the variance aligns with community values. Compliance would negatively impact the aesthetics of the fence,which exists on a prominent and well-trafficked corner across from a City park. Moreover, granting the variance can be seen as aligning with broader City goals related to environmental stewardship. The fence, in its current location, plays a role in protecting this mature tree. The trees contribute to the "urban forest" of West University Place, a characteristic the City values and past BSC discussions reference. By allowing the fence to remain,the variance supports the preservation of these natural assets, which contribute to neighborhood aesthetics, property values, and environmental benefits such as stormwater absorption and air quality improvement. This demonstrates that the variance does not simply break a rule but helps achieve a balanced outcome when considering multiple, sometimes implicitly stated,City objectives. The "purpose and intent" of ordinances are not served by rigid enforcement that leads to a net negative outcome, such as the loss of valuable trees, when a less harmful alternative(the Page 5 of 11 • • BSC Variance Application-Williams Family-June 2025 variance)exists that still respects the core function of the easement and the general intent of property line regulations. 6)The variance will not cause a nuisance and will not unreasonably interfere with the use of nearby property. The continued presence of the Williams family's fence in its current, established location will not cause a nuisance to the public or to any neighboring properties, nor will it unreasonably interfere with the use and enjoyment of nearby land by other residents. A significant indicator of this is the complete lack of complaints from neighbors regarding the fence throughout its over twenty+year history. This positive neighborhood sentiment is strongly corroborated by the Letters of Support from Neighbors (Exhibit E),wherein adjacent property owners explicitly state that the fence causes no nuisance and does not interfere with their property use or enjoyment. This extended period of peaceful coexistence, now actively affirmed by current neighbors, is strong presumptive evidence that the fence is not perceived as a nuisance or an unreasonable interference by those most directly affected. Prior to Hurricane Beryl and when rebuilt in existing location,the fence itself presents an aesthetically pleasing appearance that is compatible with the character of the Williams family's property and the surrounding West University Place neighborhood. The health and maintenance of the associated tree, as confirmed by the arborist reports(Exhibits A and B), also contribute to the prevention of nuisances. Healthy, professionally cared-for trees are far less likely to become a source of problems, such as the dropping of excessive deadwood or encroachment of roots,than neglected ones. This proactive management of the landscape elements associated with the fence further ensures that they do not negatively impact neighbors or public areas. This point directly relates to the broader "public interest" criterion for variances; if no member of the public or adjacent property owner is harmed or unreasonably burdened by the fence,then the public interest is not adversely affected by allowing it to remain. 7) The variance will not cause a fraud to be worked upon the public or any individual. This application for a variance is submitted with complete transparency and in utmost good faith, with no intention whatsoever to deceive or defraud the public,the City of West University Place, or any individual. The Williams family is openly and honestly presenting all relevant facts, including detailed expert opinions from certified arborists(Exhibits A and B),a comprehensive history of the fence (Exhibit C), letters of support from their neighbors(Exhibit E)for the Board's thorough consideration. The entire variance process itself is a public one, subject to established notification procedures and a public hearing, ensuring that all interested parties have an opportunity to review the application and provide comment. This open process is inherently antithetical to any notion of fraud. Page 6 of 11 • • BSC Variance Application-Williams Family-June 2025 The circumstances giving rise to this variance request, particularly the exceptional hardship related to the preservation of mature trees and the long-standing nature of the fence (acknowledged through multiple ownerships), are genuine. They arise from the specific,unique conditions of the property and its history,not from any calculated attempt by the Williams family to circumvent City regulations, including Sec. 18-201 and Sec. 18-203, for unfair advantage or personal gain. All information provided in this application and its supporting exhibits is accurate and truthful to the best of the Williams family's knowledge and belief. There has been no misrepresentation of facts or withholding of pertinent information. The act of formally applying for a variance, thereby submitting the matter to the City's established review and decision-making process, is itself a clear demonstration of the Williams family's intent to proceed honestly and in accordance with due process. This criterion is typically a concern only when there is evidence of deliberate deception or misstatement in the application or in the history of the structure in question; no such elements are present here. On their own motion and without City intervention,the Williams family applied for a permit for their fence and took this matter to the City's attention. They have been honest, forthcoming, and transparent in this application. 8)The variance will not cause an increase in public expenditures or budgets. Granting this variance to allow the Williams family's fence to remain in its current location will not result in any new or increased public expenditures, nor will it place any additional financial burdens on the City of West University Place's budgets. The Williams family is, and will remain, entirely and solely responsible for all costs associated with the ongoing maintenance, any necessary repairs,or the eventual replacement of their fence. This is consistent with the general principle that abutting property owners are responsible for the upkeep of structures on their property (Sec. 18-212)and,to some extent, adjacent street areas, although the fence is on their property, albeit within an easement. The City will not be asked to contribute financially to any aspect of the fence's existence. The fence, in its current and historical location(spanning the ownership of the Frew,Athon, and Williams families), does not necessitate any additional City services beyond those typically provided to all residential properties. It does not require specialized inspections(other than what might occur under normal code enforcement cycles applicable to all properties), increased maintenance of the public easement by City crews, or any other municipal service that would not be required if the fence were located entirely outside the easement and strictly on the property line per Sec. 18-201 and Sec. 18-203. Indeed, while a more indirect consideration, one could argue that denying the variance and forcing compliance could potentially lead to the loss of a mature tree. This tree currently provides certain public benefits at no cost to the City, such as contributing to stormwater Page 7 of 11 S • BSC Variance Application-Williams Family-June 2025 management,improving air quality, and enhancing the aesthetic appeal and character of the neighborhood. While not a direct expenditure,the loss of such benefits could be viewed as a subtle cost to the community. However,the primary and most direct argument is that the variance itself imposes no new financial obligation upon the City. This addresses a key concern for municipalities: that private variances should not translate into public costs. By affirming the Williams family's full and continued financial responsibility for the fence,this concern is unequivocally met. 9)The variance will not create an irreconcilable conflict with any other ordinance, law, rule or regulation. Granting this variance for the specific locational requirements of Sec. 18-201 (location within property lines) and Sec. 18-203 (construction along property lines), and the related easement encroachment,will not create an irreconcilable conflict with any other City of West University Place ordinances,Texas state laws,or federal regulations. On the contrary, it may serve to better harmonize various City objectives by allowing for a site-specific solution that respects both regulatory concerns and unique property characteristics. The fence itself, in terms of its materials, structural integrity,and height(apart from the specific issue of its location relative to property lines and within the easement), will comply with all other applicable building codes as stipulated in Chapter 18 of the City's Code of Ordinances (e.g., height per Sec. 18-200, maintenance per Sec. 18-212)and general fence regulations. The variance sought is narrowly tailored to its location and does not imply a deviation from other essential safety or construction standards. Beyond the specific encroachment and property line placement issue, the Williams property and its use otherwise conform to the zoning regulations applicable to a single-family residential district within West University Place. The variance will not alter the residential character of the property or introduce any non-conforming uses. As previously discussed, allowing the fence to remain in its current location to protect mature, healthy trees align with broader, often implicit, City goals related to tree preservation and the maintenance of the "urban forest" character that defines West University Place since 1992.Thus, the variance can be seen as supporting these environmental and aesthetic objectives without creating conflict.A variance should not resolve one issue by generating new violations;this requested deviation is contained and does not trigger a cascade of non-compliance with other critical rules. Page 8of11 • • BSC Variance Application-Williams Family-June 2025 Summary of Variance Justification for Williams Family Fence Variance Criterion Key Supporting Rationale & Evidence 1)The imposition of the Exceptional hardship due to unique property conditions requirement imposes an (mature tree vital to property/character—Arborist Reports exceptional hardship upon Exhibits A&B), impracticality of relocation without tree the applicant. loss, substantial non-recoverable costs exceeding mere financial inconvenience (Exhibit F), and long-standing nature of fence(Exhibit C). 2)No reasonable and Relocation is not feasible without destroying protected feasible method or mature trees(Exhibits A&B)or rendering yard space procedure is currently unusable. No alternative design achieves compliance available to comply with the without incurring exceptional hardship. Historical placement requirement. by previous owners (Exhibit C: Frew,Athon) suggests long- standing practical reasons. 3)The imposition of the Long-standing, uneventful existence of the fence without requirement is unjustified negative impact on easement utility or public interest because of good and (Exhibit C). Lack of prior complaints, and active support sufficient cause from current neighbors (Exhibit E). Context from BSC demonstrated to the BSC Cover Letter may further support. (ZBA). 4)The variance will not Fence is structurally sound, well-maintained. Does not introduce or increase any impede visibility or emergency access. Associated trees are threat to public health or healthy and professionally maintained, posing no hazard safety. (Exhibits A&B). 5)The variance is consistent Does not materially obstruct the primary purpose of the with the purpose and intent easement(e.g., utility access). Upholds spirit of fence of the ordinance in question. ordinances regarding safety/aesthetics. Preserves mature trees, aligning with City's urban forest values. Current neighbor support(Exhibit E)supports harmony with neighborhood character. "Spirit of the ordinance is preserved". Page 9 of 11 • • BSC Variance Application-Williams Family-June 2025 6)The variance will not No history of neighbor complaints(Exhibit C), and active cause a nuisance and will letters of support from neighbors confirming no nuisance or not unreasonably interfere interference(Exhibit E). Fence is aesthetically compatible with the use of nearby and well-maintained. Does not block light/air or cause property. runoff issues for neighbors. 7)The variance will not Application process is transparent and public. Hardship is cause a fraud to be worked genuine, not an attempt to circumvent rules for unfair gain upon the public or any (supported by current neighbor support,Exhibit E).All individual. information provided is truthful. 8)The variance will not Williams family remain solely responsible for all fence cause an increase in public maintenance, repair,and replacement costs. No demand on expenditures or budgets. City services or funds. 9)The variance will not Fence(apart from location) complies with building codes create an irreconcilable and zoning. Variance aligns with tree preservation goals. conflict with any other ordinance,law, rule or regulation. Conclusion The evidence presented comprehensively demonstrates that the Williams family's application for a variance from Sec. 18-201 and Sec. 18-203 of the Code of Ordinances meets all nine requisite criteria. The expert arborist reports from ArborTrue and Davey Tree,the detailed History of the Fence (including relevant experiences of previous property owners,the Frew and Athon families),the information contained in the BSC Cover Letter,the Letters of Support from Neighbors,the Financial Burden Estimates, and the unique physical conditions of the property converge to establish an exceptional and unnecessary hardship that would result from strict enforcement of these ordinances. It has been shown that no reasonable or feasible alternatives exist to alleviate this hardship without causing significant and irreversible harm,particularly to the mature tree that is an integral part of the property and the neighborhood's character,and without incurring substantial financial costs. The fence, in its long-standing location,has not compromised public health or safety, has not interfered with the intended use of the easement or the principles behind property line delineation as envisioned by Sec. 18-201 and Sec. 18-203, and has not generated any Page 10 of 11 s • BSC Variance Application-Williams Family-June 2025 nuisance or unreasonable interference with nearby properties, a history supported by the experiences of past owners and affirmed by current neighbors. Granting this variance is consistent with the spirit and intent of the City's ordinances,will not cause any fraud, and will not lead to increased public expenditures. Furthermore,the variance will not create any irreconcilable conflict with other laws or regulations. The Williams family are amenable to discussing any reasonable conditions that the Board may deem appropriate to further ensure that the variance remains compatible with the public interest and the character of the community. Exhibits • Exhibit A: Arborist Report-ArborTrue • Exhibit B: Arborist Report-Davey Tree • Exhibit C: History of the Fence (incorporating statements of Frew and Athon families) • Exhibit D: Site Survey • Exhibit E: Letters of Support from Neighbors • Exhibit F: Financial Burden Page 11 of 11 • Exhibit A Arborist Report—ArborTrue Mario Sakran ISA Certified Arborist®TX-5095A ArborTrue, LLC 808 Russell Palmer Road Kingwood, TX 77339 Re: 2738 Talbott Street Houston, TX 77005 - Relocation of fence The property owners requested information regarding the impact of moving a fence from its current location to one closer to the live oak in their backyard (see images below for the current location of the fence and an approximate location of the new fence). Upon examination of the tree, the surrounding property, and learning information regarding the fence's placement, it has been determined that moving the fence closer to the tree would be detrimental to its health. Some reasons for this include: The age of the tree -Although the exact age of the tree is unknown, due to its size (see image below) and the history of local trees, it is potentially seventy or more years old. The impact of a new fence on the roots of the tree - The installation of a fence would require the cutting of large roots close to the tree. This would negatively impact the tree's ability to obtain water and nutrients from the soil and could negatively impact its stability. Cutting the roots would also increase the likelihood that the tree could develop a fungal infection. The impact of construction on the tree and the inability to implement an adequate tree protection zone (TPZ) -The construction of a fence could negatively impact the health of the tree through issues such as soil compaction, exhaust from equipment, and damage to the tree. Given the proximity of the fence to the tree, there would be an inability to create an adequate TPZ. The condition of the tree -The tree showed some minor signs of fungal issues. The movement of the fence could add stressors which could increase these issues. Past trimming of the tree by the utility company -The tree has recently had a number of limbs cut by the utility company (see image below). This resulted in loss of canopy of the tree and a number of exposed cuts. This has stressed the tree and this would be increased by the movement of the fence. The current surroundings of the tree-The tree currently has a weed barrier and rocks around its base as well as artificial turf nearby (see image below). The weed barrier may currently be negatively impacting the roots of the tree and the past soil compaction caused by the installation of the artificial turf could also have had a negative impact. Relocating the fence closer to the tree would add to these issues. The presence of Ganoderma fungus on the property - Ganoderma was located on an oak tree on the property (see image below). This tree is at the corner of Talbott and Wakeforest. Page 1 of 6 Exhibit A Arborist Report ArborTrue Ganoderma is a serious buttress rot infection with no current cure. It can enter trees through wounds in their roots. If the roots of the tree in question were damaged due to movement of the fence, the likelihood of it contracting Ganoderma would increase. The reduced protection moving the fence would cause - Moving the fence closer to the tree would expose more of the root zone of the tree to the surrounding neighborhood and traffic. It could face negative impacts such as increased pollutants on the root zone. Similarly, and for the same reasons noted above, the placement of a sidewalk along Wakeforest would also have a detrimental impact on the tree. Given these factors, it has been determined that the movement of the fence to a location closer to the tree would be detrimental to its health. Thank you, Mario Sakran Image: Size of tree and location of new fence (approximately in-line with yellow flag) ��,, yak rJ w ; f 40 y s ' �' ! fir':. 0;1 i' 6 "0.. ._> ri t >9 , 1 - { f{ ....-..., , r.fit , ..:1 '' ! r i 'f, lit r , , T. fi yy 1. icll , at :.e r' Image: Current location of fence Page 2 of 6 • • Exhibit A Arborist Report—ArborTrue \\ -tt. R� :P� A ,,,.,,,ei , ' ''''. , i. aie i µ 4 z M + T a F t.' p `�"_: I,,.. a 7 H, .ie"+,,� `i t, huh; $? F i:L:et,,,,,,,,„-;',:,,,,,,,,:, :',:x„,,,;177:1:' � Y As i�A 4 � 9S g }skk d� brR R Image: Prior pruning by utility company Page 3 of 6 0 ! Exhibit A Arborist Report—ArborTrue 1.1t 4 i ,'a ,,, . per . s. ; , 0 ,''''-':.0..,it °fir yrc � te' , \ , , . \, .. w , TT ., -: _.ve i.avi 4 ,,,,,... .,. -,..7 .:. y it . ,,, 0. . • . ., ... , . .. . , li,7 . 'ir .., a-• 1 1 ; % tFs A ..arer i.,1 I : Image:Artificial turf and rocks Page 4 of 6 • s Exhibit A Arborist Report-ArborTrue I I I i I I '' I II I • �.. a .s ' 0,4111 Image: Ganoderma on a tree on the property Page 5 of 6 • • Exhibit A Arborist Report—ArborTrue '1 i • A ' AL55 TRAF ,1r )r,yiti r_.. -r� s/ •1t1y '�; wr3 (.y , yi_ , "y ,- i'- ' -1 yaw y �C s A- Q `.� Y �� � ,.. rya a ;,: ',--4.41:144.4t4-4.- '44.. - '7/N4,77..A4WV05°.-•b•- ...; d .4 � 5- iw' s..., ikAvit * 4, . .. c, 'sr ..I:.r� ,z• . .. J L . A ...4.4 I .'"fie. Page 6 of 6 • • Exhibit B Arborist Report— Davey Tree DAVEY!?. 3/24/2025 Mr. Ward Williams 2738 Talbott St. West University,TX 77005 RE: backyard,west side Live oak To whom it may concern, A visual inspection was performed on 3/6/2025 of the mature west side live oak, located in the backyard at 2738 Talbott St. The purpose of the visit was to assess the overall health of the tree and to determine if installing a new wooden fence(within 6-12" of the base)could potentially cause future health issues and/or decline of the tree. Based on a visual inspection, (no climbing or tools used during inspection)the mature backyard live oak appears to be in fair condition. The base/root flares all appear to be healthy and intact. No signs of fungal growth or insect activity were found at the base or on the trunk. The crown has been severely pruned on the west side to maintain electrical line clearance, creating an imbalance with much of the crown/weight overhanging the structure and backyard area.A few moderately large dead limbs were present in the crown, along with minor deadwood.At the time of the inspection, the tree was beginning to drop old foliage in preparation for spring growth. The primary concern is the new proposed fence installation within 12"of the base of the tree and the possibility of health issues in the future.Additional stress created by fence/structural posts installation could create a compromised tree. Page 1 of 8 • • Exhibit B Arborist Report—Davey Tree The age and current health condition of the tree should be taken into consideration,as adding additional stress may lead to decline, creating safety and financial concerns for the homeowners, if the tree were to suffer and need remediation or removal. The estimated age of the live oak is nearly 100 years old or in excess. With a mature tree most likely suffering from recent years of hard weather extremes and aggressive pruning, it could be expected that the possible root cutting needed to install the fence within the CRZ (critical root zone)would not help the tree's slow recovery process. The hard freezes of 2021 and 2022 and hard summer droughts of 2023 and 2024 left many trees (old and young) in the area stressed and forced to replenish growth damaged or lost, which requires energy and stored nutrients,ultimately creating some degree of stress. Another factor that should be considered is the aggressive pruning performed in 2024 to create space for electrical lines and the amount of foliage lost as a result. The pruning performed has left an imbalanced tree with significant crown weight over the structure and backyard area. This particular type of pruning has been performed in recent years and unfortunately will continue. The concern being that additional stress created from the fence installation could lead to some tree/crown decline over the next 2-5 years, which would require additional pruning, fertilization, pest management methods to mitigate. Regardless of possible decline in the future, extra pruning should be performed to help alleviate the crown imbalance. A tree health maintenance program would need to be created and performed over the next 3-5 years to help encourage new root growth and prevent pests and fungal issues from developing, if proposed fence installation should occur. It would be recommended to perform a Deep Root Fertilization twice a year to help promote root new growth and encourage good health.A Pest/borer program would also be recommended during summer months to reduce the chance of attack by wood boring insects, as the tree would be vulnerable if stressed. Such a program would come at a cost for the homeowner, as well as the cost for pruning and if needed, costly removal if the tree declines to the point of becoming hazardous to humans and adjacent structures. To preserve the health of a specimen Live oak and to allow for a safe environment for the residents, any extra consideration involving the new fence placement and possible future health issues would be greatly appreciated. Sincerely, Page 2 of 8 • 0 Exhibit B Arborist Report—Davey Tree Alex Singeltary ISA Certified Arborist#TX-4059A The Davey Tree Expert Company ... V 3 , i.' --. ,'„.,11,,-, 11 --.,,***-. '..V-T. ,,,.. ,.,410,,e..„ 44,10.1'• ,`-'8,,,, , -- 1,5.,-. 1„...;.:.‘,-V• '' . "' -`,,' 'i.• *!,-*.;' ,1t"tc.„,..,14:;i;,::-.• ' ,4 rf ,.. 3s1,1,41,..1:,...1,..:;„.,,..1:..',..-.4.,....',. ::‘, •- - -.1a0 ...1, 4 0, t of, ) , r . ,,,, , iri • • , . _ , , .,. ••4 k .1/4. ,,'' I . Not•-4 oN, , . • si • , .. V 04:4" 0, • :''''' 1 'I --• -: 'o 1111 .I' 11' • mil'. 1 • . —— I `, '1 I . 16. I\ . ••'':11--''''''--- ' $#''4 1.:1'0', ';''.., ' frit, I "—.......a....,--- — , , -. • ,. _ -'' -'-..' ..— •-•'..... ... . ... Page 3 of 8 • • Exhibit B Arborist Report—Davey Tree • * k \ . 1 °;:' .410''''4!..-...Tlit'...),.'.* , s 1 M. VY tt. . +y . F / '.' 4 �y 1 .. 1 f\ ,,,*,:.••••;4,i'44 .: i� WC „ + ; .., t iiio,r � � .. / . • r tiv,t • r • ,ti., o Y • Y '" r t. 1 f , x,.€ .ram' r /r. , r. r 20 4 `y,S Mf • �-,y ate• 1•"} i_ l• . ' .., Page 4 of 8 • i Exhibit B Arborist Report— Davey TVree q� '.. -- .•• - r i w i ,ems{ ,- ;y•4 ' 1M r A� • ar m `,,, k tl. . : •y • ),+} . --;,,INF.,,,,.. a t y,x` ° - . ...„i" _ ti ,` 3iZ . +F ** " 7�,. ..,}t? t. -t tiy ` , "Y'"It-, R �e . Aippowiro . %IL . iii. */ Aill, . C,,,: ,* l .�., 'ate w 4. 441\i• Page 5 of 8 • 0 Exhibit B Arborist Report—Davey Tree \\\ 7 '-.! ' --;411A, .-7 % A Cl. .o= 1, S.- ,,,,,*." 4*,= *--•' ' .k. ii ===.7===. -34 . ' 4 I,' -11{0,..•. ,.,le •,' i, '' ***: * 0,:i., ' • - ' * ...ri. .' . `...:.• 4 \ '--. ..!',.*. *'.,.':.../;',„ ' g.4,4-;-; 1., tr, • 0. it4.* . . * , , 0 . . I?I . • '...1 * . ii . .,rni•*: all• ——i , ; .dit. aneltall 2 4 ./. • ,tA • ' „,- . ,..... ..Z., +`• ' ',. ft. II * 4 t............ ......,___,.„,„ , ......, . , 1,. • ... ...., .o. .i , • Page 6 of 8 • • Exhibit B Arborist Report—Davey Tree . . .. .. .,,$ 14' iv ,t, A k 411I ".•.a-wik7.4,4'.•..e.. V V • .0 , .., •1, •,„4. t , ..! III .* •....„.„:,,7, . < ,. t ; Ili , .,, , . •,,, .•00,.. , .1 . . '4. . „ , . . • 7 ,,,, ... . . . S',', - ' . - ' . • ,..N.., ,....• ' • '''t''`'t .' . IL ' . ••• • ----- .,:,,T...•00' --.. . s- ,.. ,' •,. _ ''''.....:: - - ',•, ,).,,,,o4 .. ...- - -- -‘,-''. ' ' ,• 1.. .,. 4 _.. '.,, ' =-7,,,,,..,,,z:„. '' .''. -.' . . 7,,-, „:„ ,.....,.. .. , -".. : ••...., U7,11 's:":' - `•l'"*. ''''.'-'i-:-•.'14 1 ' ..,'''' '1`% 7‘,..VV,Z• ,.',".. '1,** S7,x44Z• 74-'W-4, -'. ''''. '. it ,NS.,,,- s,.. ' 7,,,,4,,..•-•*-, -- .... .... ,----„, ., , - .... •N'--', k -,',4-X., , - ...... - ' - -, ;,,,.. "44',, ‘_ ee • , - 4._ _At S 1;''' .: .. -.- 4k\ ,', ' ..'„, -`; - -• ' ' q.: .."'''''''.°'''' 4 „4,, — . Vr.:.; : -'164; " , '..,. %.,,, 7•,,..., '' ' ' , "" * kb. •,, A . ,0,- ...:,.- -,\-,. 0.; -,.. - kit-- 4. •' %L._ . -, -4*-""' fo ..„. , .. . - ... ... ' • ....t. .• -4',.. . or 4 ''‘,71-44..- 0-. - lkot.7.,:0;,". .- 44..• _,..iuk, .... ....0, . s- .,..,44 , " . • .-k...._"4,,3,11; , •••• -, - - ''t,''• ', '-`,,,,,..c'- ' • ' it • **,',..":•-,•_ ... ••;;;;:;:). , _ . • „. . •, • - • -,„. . - •0.-, "Ik 1 :Nit,....o.-,',"•-, _ . .,-,!, .. * ' ' -4411*-r- ' '''' k .. • - 40. ... +YIP' ''''' .s..•'''' .".k..` ' 411i' -,' - -.4;*".- ': -s,f.,-.,,,-•.P.i :1-' ' - . 1,44 :0. . ..'-'.. 41J,"`. - - ,t-,.......„":,. .--...•!..1i,t.„-:411 t ' ,..1.'!"' - ' , ...T... .i. . I; -, - , . - . , 4 ' • ,, _ , . N 0 ..., - . . .• '-•-.. _ , 1,•:- - '-.. ...".-,„, . . . . -. • . _---- - '. - Page 7 of 8 • • Exhibit B Arborist Report—Davey Tree it L f l s a � r b l w ) t 'tom,,. ' J' r' i ., u. • ' - 1 8 '''t \ ' a, i' 1 1.0, lii 0 * , ''' k ' i '' 1 tv 'f I _ 4 1, -s r �$ yY 4 > - '_tom `, t, A,t' .C".,i ,rro�... ^ ,, ./" mow --• F^ w �Y ♦*, "'J.....,,—M � `xl . i / t "d Page 8 of 8 • Exhibit C History of the Fence History of the Fence We have owned our home at 2738 Talbott Street since March 2022. Our house sits at the northwest corner of Talbott Street adjacent to Wake Forest.At all times during our ownership the fence on the west side of our property has been in the same position. Based on our research,the fence in question has been in the same location dating back at least 23 years. During Hurricane Beryl in July 2024,the fence suffered damage, and was blown over by the winds, necessitating its replacement. In connection with preparing for that work,we followed all protocols and submitted a permit request to replace the fence in its current location. In that process, it was determined that the fence has been located 4.8 feet outside the bounds of our property line, into the City of West University's easement for 23 years. We learned the City would not approve the permit unless we 1)moved the fence's position 4.8 feet into our backyard, or 2)obtained a variance from the BSC to allow it to remain in its current position. When we, and the previous two owners, purchased the home,the survey showed the fence positioned slightly outside the property line, into the City's right-of-way, on the unused grass easement. We were each told it was built there decades ago with permission from the City, and with arborist recommendation, due to the oak tree that sits directly on the property line inside our backyard. With a circumference of nearly 13 feet and estimated age of 100 years old,this is one of the oldest trees in the neighborhood, and great lengths have been taken over the years to protect it. It adds value to our block,and also to the city of West University as a whole—a city that rightly and historically has placed great value on its trees and green spaces. There is no sidewalk on this particular corner, nor is there a sidewalk on either adjacent corner north or south of our block, at Arbuckle or Cason. Furthermore, it is our understanding that the City has no current plans to construct a sidewalk, or any other improvements, in this location either presently or in the future. Construction of a sidewalk on the east side of Wake Forest would require the removal of three additional oak trees, and cause the destruction of our tree, as further evidenced in the attached arborist recommendation. The current perimeter around the tree's critical root zone has allowed it to grow safely over the years, and it has been well maintained and loved by each owner. There is no neighbor negatively impacted by the fence's position. In short,the fence has stood in its current location without any issue from neighbors of the City for more than twenty years. Complying with the City's request to move the fence to the property line presents significant risk to the tree and to us as homeowners. We retained the opinions of two separate certified arborists, Davey Tree and ArborTrue.After extensively studying the tree,fence,property, and surrounding properties, both companies independently submitted strong opinions that constructing a fence on the property line would cause irreversible harm to the tree at worst, and at best, require extensive ongoing maintenance and hardship on us as homeowners. Page 1 of 4 • Exhibit C History of the Fence In both attached reports,the arborists noted that the aggressive tree pruning by CenterPoint Energy following Hurricane Beryl has caused undue stress on the west side of the tree.Adding more stress to that same side by digging 30-foot fence posts into the roots is unnecessary, dangerous, and avoidable. There is also risk to spreading Ganoderma fungus by exposing the tree roots in the digging process. The property line does not provide for a large enough safety perimeter around the tree, and both arborists strongly advised that building a fence on that line would be dangerous and should be avoided at all costs. In addition, our contractor and his fence expert expressed concern over digging posts in and around the tree roots. This would need to be done with a specialized hand-digging process to ensure the posts do not hit the tree roots, and require them to position posts around the roots, rather than evenly placed, causing risk as well as negative aesthetic impact. No fence company has been able to guarantee their work will not damage the tree in the long term, and all believe it presents a risk to our home. We—not the city, arborist, or contractor—would be liable if the tree were damaged in the process. We understand removing the tree is an option, albeit what we consider to be the worst option. In addition to being expensive,the larger concern is removing a beautiful oak tree that is special to our home, and our corner of the neighborhood. Like the previous three owners, our neighbors, and the City of West University itself, we love the stately tree and do not want to lose it. The City will only approve the permit to replace our fence in its current location if we obtain a variance from you,the BSC,to allow the fence to be rebuilt in its current location. We are asking you to approve this variance,based on the information provided by us,reports from the arborists, and letters from our neighbors and the previous owners. If approved by the BSC,we will then apply for an encroachment agreement with City Council. This agreement would allow us to continue to use that small amount of the City's property, unless a situation arises in which the city may need use of that land, in which case the use of the land would revert back to the City. We understand we are requesting the use of the City's property,but what we are really requesting is to continue using the same exact property that has been used for the past twenty+years without issue to protect this same tree. Our agreement will require us to forfeit the land back to the City if any situation arises in which the City does decide to utilize that property. With this information,this is a no-harm and no-risk situation for the City. Page 2 of 4 • • Exhibit C History of the Fence To Whom It May Concern, My name is Lauren Athon and my family lived at 2738 Talbott from 2017 -2022 then subsequently sold to the current owners,The Williams family.We lived in the City of West University for over a decade and were so lucky to raise our small children in such a wonderful community environment.We respect the diligence the West U Board and Committees take regarding the upkeep, rules and regulations set forth for tenants in the neighborhood. It's truly a magical place to live and that is due to the community and the parameters set in place. With that said,we wish to write you in regards to the fence location at 2738 Talbott. During our buying process we inquired with the previous owners (The Frews) about the fence line location versus the property line -noting that the fence location was, in fact, outside of the property line.The previous owners communicated to us that the tree in the backyard was one of the oldest trees in West U and that when the fence was put outside of the property line in order to keep the preservation of the tree. If the fence was to be on the property line, it would need to go directly through the tree thus hindering the tree's ability to continue to prosper. From our knowledge, it seemed that this was a discussion had over multiple owners. This tree is not only beautiful but provided a backyard for my kids to enjoy and thrive. It really became a focal point on the property and down Wakeforest. In addition, there is still plenty of space between the current fence line and the street allowing for walkers to stay on the grass. Unfortunately, it seems the fence has come to the end of its life - having endured multiple decades of use and natural disasters.We graciously ask that you continue to allow the fence to stay where it is while still allowing the city to keep the preservation of the tree and what it adds to the property and the city of West U.We hope that you consider this request and continue to protect the tree. Sincerely, Lauren Athon 713.444.8754 Page 3 of 4 • • Exhibit C History of the Fence April 8, 2025 To Whom It May Concern: Recently, Caroline Williams reached out to me regarding an issue with her fence located at 2738 Talbott Street. For context, my family owned the house at 2738 Talbott Street from April, 2011 through September, 2017. She asked that I write a letter outlining my understanding from the discussions I had with the prior owner(who built the fence) prior to us buying the house. As I mentioned to Caroline,the fence bordering Wakeforest Ave was in its current position when we bought the house in 2011. Before we bought the house,the prior owner had mentioned the fence was situated where it was because of the large tree located in the backyard.The prior owner also mentioned the city's arborist had told him that the tree was one of the oldest in the neighborhood. From our conversations about the fence, I understood the fence was built in a manner to protect the root system of the tree. During our time owning the house,we never had an issue with the fence (and as a result, we never had to address the issues Caroline is addressing currently). Given the beauty of the tree at 2738 Talbott St, and the lack of historical issues with the fence's position, I sincerely hope the City will take all measures to protect it. If you have any questions or concerns, or if you would request any clarifications to my statement, please do not hesitate to reach out. Sincerely, J�rf F rew 3780 Jardin St. Houston,TX 77005 Page 4 of 4 • • Exhibit D—Survey . A,t ' LO, Ten (10), in Block Seeen (7). of BELLE COURT ADDITION, On Addition In Harris County, Texas. according to the Mop or Plot Moretti recorded in Volume /52, Pogo 498 of the Deed Records of Monis County, Texas. ? (LEGEND i ' :si. . C 0 1/2'ROD roue $' ' ®1/2•Rao sn It•:'row/SET )a l il? *sift'R roue* POton coo l�u v T R CORKS ii0CE POST — roe CORNER ♦ 4 CONLROLLING CY MONUMENT `-� AM ..•.y nI ,T I. . ,,.., 7< `c CONonarNR - 3 t POOL n COu1PYCN! IT IRANsr ODDER PAD 20.3 IN cOLUYN 0 POWIK POLE A UNOCRGtOUIO 7aO ELECIRIC et N1 OntOttaS N N' 4"ILCCTRme Thy TELEPHONE PEDESTAL 6 2 Ed BL DU.01N0 LINT y'J 0.7" ALMA EASEMENTSANET WY SSE 50 811 O a -` EASEMENT W n 0Y CAS PETER N WY MATO METER ExU LP UONT POU .,1' YTUn Q O LIE CASEMENT 22.1' " if; • H 1n OVERHEAD hECtRIC la! POWER EC _.aCS._.. ..._. OyrsNEAD ELECTRIC 'I'; u. TWO STORY A. SERVICE lAJ .ti STUCCO GNAa1 LINK at Ti 10.5' MOOR-NC(0.S' ,,. WOE TOPICAL 0 _97_ .8.3 1_28.4 ei_.__._. IRON MCC[ OARED WIRE WANE SIOE0 C WOOD«NCN n OWE r IENCE ,e.,; (DOE Or ASPHALT ;'}e • I coot O-r MAYO. NNERt(E WATCNIB:. CQ ERED'co YE1CR POCK l ' STONE TALBOTT STREET w000 DECK , EXCEPTIONS: M10TE5: ROM BEARINGS. CASEMENTS AND BURRING LINES ARC By RECORDED PLAT UNl(SS NOTE:BEARINGS SHOWN ARC BASES OTHERWISE NOTED. ON WAD 83 TEXAS SOUTH CENTRAL DOSE Ft000 NOTE:According to the r.1.R.Y.No. 48201C0800L, this property does lie in Zane AC and DOES lie within the 100 year noed sone. NOTE: this ew1Yey Is mod.'n Me sway Is made In cen'unclkn with the Tnlormollon provided by Title Company. con:unclion with Ire Use of this survey by an(obey parties and/or for ether parpobm alma Met tabor's i ermatlon p-ovldea by the own risk and ony lobe nwllrtg lbw other 0ob shag not be the responsibility of the citert. COG S.ney'n9 Times. undersigned This Is to certify that I Isar.on this date made a careful and accorate (EC hos not reswrched be sunny on the ground of the subject property. IN.plat hereon le o correct and land file records ter .,.wrote reproobntoton of 1M prepeNy tines ane dhhenstons or.es lndkoted;be0tbn s eslstence of we ents, and type Ot bulakps ore as shorn;end EXCEPT AS SHp0N,there ore no.'sable and reprieve co+e0ante or oppennl onenecnmanle er proNWbne on 0I1.1 ground. Whir Mcu'blOOCO. V. C Drown By: ..:•., R�//''''��* ,`S•OF T Scala: 1 = 20' Vi,IrV ,:;.-0art4r, R:gETR41A(NYC E9 J! a S1p Dots: 02/05/2025 NATHAN ALAN PAVE, Accepted by' 419 Catty Paso Dr,Ste 210 Cr No.: Houston. 1X lt073 *O Oclo: N/A P 214349.9485 •R•id 1,,�' F 2'4 16 \ : ..�1t. ', v[l CSdr Job N . '2501446__, item teo.a 101'8'942O0 ,p.4dii Page 1 of 1 • • Exhibit E Letters of Support from Neighbors Ridliitki U. Wei ucilie ('. Weis :1717 A+h'i.kt�� Itr��rtnn. I X. 77t)0C 71 , t,tW7{1)r19 \\0,1 t nivcrsity dotting Board \\e have had the pleasure of living in West t ini'. rsity for the past twenty- t' rce s.irs. AV'c"'oh aphrrri;►tt the town, facilities, suplxtrt services, responsible env mamtgement,and our neighbors. For these past twenty- t` three'cars we have had four different families move into the property that is directly behind our house. 2718 Talbott St,the latest being the Williams. All tour families had.mail ehitdren and v.cre attracted to the property because t) Whitt Jonson Park is diagonally across the street and 2)the property has a safe fenced in area Ibr kids and pets. The fence line that borders this property adjacent to Wakeforest St.has been in its current location all these years. it was there when we moved in.All the families that have li'ed there enjoy the fenced area provided as a safe place for their kids and pets. Now the fence has finally reached its end of useful life. Weather and age necessitate its replacement. I firmly believe a new fence should be located on the saute line as the existing fence.it does not inhibit or interfere with our driveway access or egress vision and there is plenty of grassy area on the remaining property for dog walkers. I realize this fence line is in the city right of way.We feel it is only fair that the Williams continue to enjoy the benefit that others have had all these years. We strongly support approving the installation of a new fence on the same line as the existing one. Sincerely, . cne Richard&Lucille Weiss Page 1 of 7 • • Exhibit E Letters of Support from Neighbors SAMANirHA C)F.AR BUILDING AND STANDARDS COMMISSION MEMBERS. Caroline and Ward ask your permission to do two simple things: (1) protect a magnificent tree. and (2) keep their fence in the same place it has always been, • As a former chair of the Zoning Board of Adjustment, I believe theirs is the sort of situation that variances exist to rectify. Neither the immediate neighbors nor the city as a whole stand to be harmed if you grant their requested relief,Quite the opposite—the tree makes the neighborhood better. Please help them keep it. Warm regards, SAMANTHA BRANTLEY •nineteen•year resident of West University -former Z€3A chair Page 2 of 7 • • Exhibit E Letters of Support from Neighbors Dear members of Buildings and Standards Commission of the City of West University. My name is Elizabeth Weaver,and my family and I live at 2715 Talbott Street.I am writing to you on behalf of my neighbors,Caroline and Ward Williams who live at 2738 Talbott Street.It has been brought to our attention that the fence along the side of their home facing Wakeforest Street is technically on city property.White I con understand how in some situations this might present an issue,I am asking the board to please consider granting the Williams family an exemption. The Williams'backyard is home to a huge,beautiful 100+year old tree that is a treasure to our community.The tree's large size and sprawling limbs are truly impressive,and are especially awe- inspiring to all the children who pass by.It's been a topic of conversation on many of my own family's walks to school,and it's a wonderful opportunity to witness a child's admiration and amazement of nature on our own street.Caroline and Ward have been dutiful caretakers of this tree,even as its roots have caused headaches for them as homeowners-patiently repairing cracked pipes and misaligned stones caused by the trees shifting roots.The fence has been standing on city property for the past 15 years(unbeknownst to the Williams)and has not caused an issue to any of the neighbors.There is no sidewalk or neighbor that the fence's location is encroaching on.We have lived on the street for nine years,and the only comments I have ever heard about the Williams fence or yard are compliments about the tree. One of the beautiful things about our neighborhood is the trees,and I think all residents are aware of the lengths the city goes to to protect them.The idea of asking the Williams to move the fence into a location that would be directly over the tree roots seems silly to me,as it would endanger the integrity of the root system,and be nearly impossible to maintain.The tree's roots would likely cause the fence to lean or break,and that would be an eyesore to the community.It seems like a commonsense decision to allow the Williams to replace the existing fence with a new fence of the same size in the same location.I have spoken to many of my neighbors,and know this sentiment is shared with most,if not all,residents of Talbott and Wakeforest. Caroline and Ward are wonderful neighbors and residents.We were excited to welcome them to Talbott Street when they arrived in March of 2022,and they have been such a positive asset to our street and lives ever since.As a lifelong resident of West U,Caroline has introduced me to many people,places,and causes around our tittle city.Whether it's by getting neighbors together for park playdates,block parties,WULL teams,or service projects,the Williams family fosters such a sense of community and connectedness,on our street and beyond.I know she and Ward have been working diligently to resolve this issue using all the proper channels,and I hope the board give permission for them to replace their current fence,so they can put this issue to bed and get back to focusing their attention on making our community a better place. Thank you for your consideration,and please feel free to contact me with any questions or concerns. Best, Elizabeth Weaver 832-622.0597 2715 Talbott Street Page 3 of 7 • • Exhibit E Letters of Support from Neighbors Deal' B.Jildtrig,s.and Sta!id ards Coirlm,ss4on 011,1#/e511).11Vt.t:-w!tv, Ctvrflt West University tf:11tlertt5Vto Jve ct ett,ly YS AwLynue.i. rcrn Vud nii CrIrc.,1-1,.e 4,st,i:tairr-s pod their Ityvety \611,0+.. 1u1.0 r,o rizcorc: sup.lortrIgilleVViii1;irnf Art ttter rief.;ifo to eplocut-14.,..,itF1C ir itt.c.„Uf rent st.) 11.7-1 The I • .'" rtiftlp‘fortv-tit• r:omplete!:v etttoble lor of; 86theq r.e;gribofs, 1nd 114.2•7)OLIT fiat!4^uopert. PttinEtt feet free to c tTo10 Ct witti UW tf.arth dr questiors. - • Pad:arc N-kkl tielAtli 1361.1Vi'ak1rOteSt Avc. 1-iotl5ticn.,IX 774105 306 203 7433 •\-P';;;;-;,A.- Page 4 of 7 • • Exhibit E Letters of Support from Neighbors whom It Concerns, Thr CC War S ago we lived lust outside of West U.not even 10 minutes}foul where wi?. 'ave now.When • " ! • ••lise our family with outside play space and friends to make memories with our • ' ' learned that in such a big city,neighborhood matters,street matters and, •• • ,.• " • • ii.:hbois matter. We found those neighbors on Talbott Street,We became fast trienct, • ' • family and have spent countless hours their yard playing safely and enio}sa,,, • Jams"yard has hosted birthday parties.playdates.football watching parties or SUnllyC. ha i).vith parents versus kids,and now one of our most cherished events,an annuo Ctr, night oyster bake We fully support preserving this space for The Williams famity and our nel, , lo.ts,and we fully support thou variance request to preServe not only their yard and oak tree,but ,y neighborhood gathering spot and more years of memories for our neighbors and cur friends.This is the exact space and environment we were seeking three years prior and have found, on Talbott St oet. The Williams are good neighbors and have always done what is right for their neighbors and their neighborhood, They have worked hard with the city or this request over the past year.We hope you will seriously consider their request. Thank you for your consideration. Katy and Cott King 2728 Talbott Street Page 5 of 7 • Exhibit E Letters of Support from Neighbors Dear Zoning Board, My name is Julie Middleton, and I live at 2725 Talbott Street. It has been brought to my attention that the Williams Family (2738 Talbott Street) has had issues with getting a permit to replace their side fence that was damaged by the hurricane. My understanding is that the fence has been located in that spot for over 15 years, but it has now been determined that its location is on city property. While I understand the need for residents to stay within their property line in most situations, I would say this particular situation is exceptional and worth an exemption. The Williams' backyard is home to a beautiful, 100+ year old tree. Moving the fence location to within their property line would jeopardize the tree's root system, and could cause damage that might result in the death of the tree. This would be a huge loss to our community. The current location of the fence is not a bother to anyone. as there is no city sidewalk or neighbor's property alongside it. Replacing their current damaged fence with a fence of the same size in the same location is a simple solution to protect the tree. The Williams have been wonderful neighbors and they love our community — especially the parks and the trees. I know they are eager to have a proper fence to ensure the safety of their children and dog while they play in their backyard, and they've been patiently trying to go through the proper channels to find a solution that works for everyone. I urge the board members to grant the Williams family an exemption to protect one of the beautiful, old trees our neighborhood is known for. Thank you for your consideration, Julie Middleton i Fiat& r • Exhibit E Letters of Support from Neighbors of the Vf;.',,x-t.„ ,4k , Betc»ts, s„,,,ttrr :ray t 1,1 ff'f, ent.tr,stre4-,' A\ .1.rt,q1 tfif.carnt. tOrrl, 1.CP AO' .tIfff,“.! !her rrawItiurwi,q trf, comff-ttm;:rt;; - • their e",,rfS crtiv atiC 01.e' all bt",At,!),, Page 7 of 7 Exhibit G Financial Burden Estimates This outlines the initial financial costs that would be incurred by the Williams family if required to bring the existing residential fence into strict compliance with City of West University Place Ordinances Sec. 18-201 and Sec. 18-203. The costs do not include a comprehensive landscape architectural plan if the tree is removed or the fence is relocated. Significant additional costs would be expected. These costs are a significant component of the exceptional hardship faced by the Williams family. The incremental without this variance costs are broken down into two main categories: 1. Incremental costs associated with the demolition of the existing fence and relocation/reconstruction of a new fence precisely on the property line. $11,000-$14,000 1. Estimated incremental costs to construct fence on property line: $5,000-$6,000 2. Estimated incremental costs for landscaping, irrigation, and drainage repair: $4,000-$6,000 3. Estimated incremental tree treatment costs: $2,000 2. Incremental Costs associated with the potential removal of mature trees whose health and viability would be critically compromised by the fence relocation, as detailed in the arborist reports (Exhibits A and B). $30,000-$37,000 1. Estimated costs to remove and stump grind: $20,000-$25,000 2. Estimated costs to mitigation costs for 48 inch diameter tree: $10,000-12,000 The above estimates do not include comprehensive landscape architectural plan if the fence was relocate or the tree was removed. This substantial financial outlay, coupled with the irreversible loss of valuable,mature tree and the associated aesthetic and environmental benefits, constitutes a significant and exceptional hardship for the Williams family. These figures do not include the potential diminution of property value with reduced usable yard space. Page 1 of 1 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 June 5, 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: 2738 Talbott St.,Houston,TX 77005 Legal Description: LOT 10 BLK 7 BELLE COURT OF WEST UNIVERSITY,Harris County,TX Docket Number: 2025-0001 Applicant: Edward Williams Action Requested: Requesting a variance from the City's ordinance,Chapter 18,Article 7, Sec 18-201 —Property Lines and Sec 18-203 —Distance from property line; common fences to allow a fence in its current location, which is outside the property line to encroach up to 4.8 feet into the city's right- of-way on the west side of the property. Additional Details: A single-family home at 2738 Talbott Street has applied for a variance to replace an existing fence in its current location. The fence currently encroaches 4.8 feet into the city's right-of-way on the west side of the property. 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: Chuck Sandifer,Building Official,for the BSC posted and mailed on or before May 26,2025. Chuck Scivi4Afer csandifer@westutx.gov 713-662-5846 3826 Amherst St. www.westutx.gov West University Place, TX 77005 713-662-5830 WILLIAMS EDWARD IV KREIDER ROBERT& MARIA CURRENT OWNER 2738 TALBOTT ST 2714 TALBOTT ST 2718 TALBOTT ST HOUSTON TX 77005-3952 HOUSTON TX 77005-3952 HOUSTON TX 77005-3952 CRANE JOHN S& REBECCA F KING CORTEZ E III & KATHRYN LOVER EVELYNE M 2722 TALBOTT ST 2728 TALBOTT ST 2730 TALBOTT ST HOUSTON TX 77005-3952 HOUSTON TX 77005-3952 HOUSTON TX 77005-3952 2736 TALBOTT ST WEAVER KYLE & ELIZABETH L KEIRNAN MICHAEL P &JOY J 2119 NANTUCKET DR 2715 TALBOTT ST 2719 TALBOTT ST (C/O 2736 TALBOTT ST) HOUSTON TX 77005-3951 HOUSTON TX 77005-3951 HOUSTON TX 77057-2905 MIDDLETON ISAAC J &JULIE B FIELDS JOHN A HARDY LAWRENCE F& SUZANNE R 2725 TALBOTT ST 2727 TALBOTT ST 2731 TALBOTT ST HOUSTON TX 77005-3951 HOUSTON TX 77005-3951 HOUSTON TX 77005-3951 OWEN VIVIEN W WORLEY JOAN E WAGNER CHRISTINE & LAWRENCE 3514 GEORGETOWN ST 4012 AMHERST ST %THE FOUST-WAGNER 2007 TRUST HOUSTON TX 77005-2912 (C/O 2735 TALBOTT ST) 2739 TALBOTT ST HOUSTON TX 77005-2720 HOUSTON TX 77005-3951 PICOLI ANDREW WILLIAM &GUPTA RIVERS JOSE MAURICIO & LUZ CURRENT OWNER 2724 CASON ST 2726 CASON ST 2732 CASON ST HOUSTON T X 77005-3936 HOUSTON TX 77005-3936 HOUSTON TX 77005-3936 YUEN GABRIEL PUDUVALLI VINAY K& DEEPA S CURRENT OWNER 2736 CASON ST 2740 CASON ST 2715 ARBUCKLE ST HOUSTON TX 77005-3936 HOUSTON TX 77005-3936 HOUSTON TX 77005-3931 BISHOP JAMES & MEGAN M MURPHY BISHOP TRUST CURRENT OWNER SAMUELS BARRY I &CAROLE 2719 ARBUCKLE ST 2721 ARBUCKLE ST 2725 ARBUCKLE ST HOUSTON TX 77005-3931 HOUSTON TX 77005-3931 HOUSTON TX 77005-3931 HJERPE WILLIAM MASON & DONNA LEE DUGAN HEIDI A WEISS RICHARD & LUCILLE 2729 ARBUCKLE ST 2735 ARBUCKLE ST 2737 ARBUCKLE ST HOUSTON TX 77005-3931 HOUSTON TX 77005-3931 HOUSTON TX 77005-3931 CHRISTOPHER CHARLES VANCE & CURRENT OWNER TRACY KAPUR SAHIL K & RADHIKA SAHIL 2724 ARBUCKLE ST 2730 ARBUCKLE ST 2732 ARBUCKLE ST HOUSTON TX 77005-3932 HOUSTON TX 77005-3932 HOUSTON TX 77005-3932 VESTEWIG ROBERT P PATE STEPHEN P HOTTE MICHELLE 2734 ARBUCKLE ST 2740 ARBUCKLE ST 2803 CARNEGIE ST HOUSTON TX 77005-3932 HOUSTON TX 77005-3932 HOUSTON TX 77005-3909 STOLTE MICHAEL&ANJELAKA MATHEWS PAUL SAMUEL& NIKKI LYNN GIUFFRE DEAN & CATHERINE 6610 WAKEFOREST AVE 6614 WAKEFOREST AVE 6620 WAKEFOREST AVE HOUSTON TX 77005-3956 HOUSTON TX 77005-3956 HOUSTON TX 77005-3956 PARKER CHRIS& SONIA CLAWATER DAVID WAYNE M/M 3811 RILEY 6630 WAKE FOREST AVE (C/O 6634 WAKEFOREST AVE) WATTS WILLIAM P HOUSTON TX 77005-3956 HOUSTON TX 77005-4324 6636 WAKEFOREST AVE HOUSTON TX 77005-3956 ZOTOS JOHN &ALEXANDER JAMILE Y LEE EUGENE E & BRIDGITTE S SPANOS POL&OLYMPIA 6624 WAKEFOREST AVE 2807 CARNEGIE ST 2815 CARNEGIE ST HOUSTON TX 77005-3956 HOUSTON TX 77005-3909 HOUSTON TX 77005-3909 NAYAK &SONS LLC EARTHMAN JOHN A KROLL PATTI K 4111 RUSKIN ST 6605 BROMPTON RD 6611 BROMPTON RD (C/O 6601 BROMPTON RD) HOUSTON TX 77005-3905 HOUSTON TX 77005-3905 HOUSTON TX 77005-3548 WHITTEN ELEANOR C& ROBERT KEENEY RYAN & CAMERON BELL DEMARCO J 6615 BROMPTON RD 6619 BROMPTON RD 6623 BROMPTON RD HOSUTON TX 77005-3905 HOUSTON TX 77005-3905 HOUSTON TX 77005-3905 ROCA VICTORIA EPPERSON DAVID R & KARLA E REPPERT TODD R 6625 BROMPTON RD 6629 BROMPTON RD 6536 WAKEFOREST AVE HOUSTON TX 77005-3905 HOUSTON TX 77005-3905 HOUSTON TX 77005-3954 COOPER KEITH DANIEL STANDLEY MELISSA R &WAYLON D SPEDALE GERALD M &JEANNE H 6530 WAKEFOREST AVE 6545 BROMPTON RD 6539 BROMPTON RD HOUSTON TX 77005-3954 HOUSTON TX 77005-3903 HOUSTON TX 77005-3903 GIAM PATRICK &JULIE PATRICK&JULE GIAM REVOCABLE TRUST 6537 BROMPTON RD HOUSTON TX 77005-3903