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Home My WebLink About12042025 BSC Agenda Item 5 THE APPLICANT HAS REQUESTED THIS APPEAL BE WITHDRAWN FROM THIS MEETING AND HELD OVER UNTIL THE NEXT MEETING Josie Hayes From: Houston Real Estate Group <hreg@sbcglobal.net> Sent: Tuesday, December 2, 2025 1:03 PM To: Josie Hayes Subject: 6719 Annapolis Good afternoon Josie, We would like to reschedule the hearing for the appeal for 6719 Annapolis St. due to pending negotiations with the builder to try and resolve this issue without the appeal. Thank you very much, Sherry Harber i City of West University Place r , APPLICATION TO THE BUILDING AND STANDARDS COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS ("CITY") TF%A5 Address of site: 6719 Annapolis St., Houston, TX 77005 Legal description of the site: The North 1/2 Lots of 11 & 12, Block 1, Belle Court Addition Applicant:Sherry Harber Address:2629 Werlein St., Houston, TX 77005 Contact: Sherry Harber Phone:832.577.6333 Fax: Email Address:HREG@sbcglobal.net Decision� or Action Requested(check one or more and provide requested data): NJ 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: Chuck Sandifer-Chief Building Official • Is the official's action in writing? ( X)Yes; ( ) copy is attached. ( ) No, but the action appealed is as follows: - Building Permit issued and renewed for 6719 Annapolis St. • When was the action taken? 9.17.24& Note:Appeals must be filed within a reasonable time. Please explain any delay below: 10.3.25 • Exact code of ordinance section(s) involved: Code of Ordinance Article 7A-101(a), Ch. 18, § 18-202(b) • Grounds for appeal:West U's Zoning Ordinances are in Appendix A of its Code of Ordinances. All privately-owned buildings within West U must comply with the zoning laws found in the tables in Article 7 of Appendix A of the Code. Single family homes are governed by the tables in Article 7A. See App'x A, §7A-101(a).The Code gives Sherry a private right of action to enforce them. See,e.g.,App'x,§ 13-102.The permit also violates code Ch. 18, § 18-202(b) ( ) 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: • Exact wording of variance requested: Other Data. Are there drawings or other data? ( )No ( X)Yes (list items here and attach them) attached is a petition signed by neighbors, as well as a drawing of the plans that violate the code, includingl details of each specific violation. State of TeXtfs cl County of 6/grh This instru entwas a nowledged before me on mLC'o Per 'Z3 200 $ by (Seal) 4* NotRaOryD NmDE Y BASS ETT �" My Commission Expir- May 15,2028 Addir My commi . . •�.`.. ,,ma. °``' , Notary Public *****$500 f�IN FE r . PROV a 4 RIGINAL PLUS 15 COPIES(16 TOTAL) OF ALL SUBMITTALS***** Signature of applicant: Date: ( C For Staff Use only Date filed:\`-'1�J r Date heard �1 y Docket#: Form BSC-102 C} 1 ,- I -w P. c w I ! sae �O tg ; (4-1 -6 c u , ,,,,•,_, , 1..0--,4 4 -a a. ro CA 4,i N O U C I V1 t�ryy O "- D q/- i `•• tan II i4 IL aH QJ Ion oO p1 • r°� ® -c V) vi o 3 y , aJ o •�, �, 4s srocn > 0 a) ° d N- WIUI (7) 73 12 I'M•4.. I 2 .k' -?c- u R 0 0 0) 0 3 c c - 0 4 Y. ,41 I C -a �; o w o >> an c -'� '.'' •n` ; i! II 1111 ! ; 3 aJ 1J 2 .( ov -0u .c o •0- O 3Q S !A �f �� .� c Q el fl ,� NjN ►c -c , a a)N 0 -t-_ 0) cn ,__ > ,A -- pU tqft3 "-- Q • •• •• W. ^tr ii ai 8 1:1 C ? Z ±3. . .° 7 E ® c ° z° vJ' -13 C3 °' aJ `� " t y� o O c J l'j E �! p ! lk > > N -- -U Q. ` -1 .„:',....7-.4_--,,,,,......„ . -....) Q 0 , , a..• , Cry cr. ��„(c� The Plan below shows a lot measuring 105' deep and 62.5'wide. The red circle has been added to highlight that the Plans call for the new structure to be built just six feet,three inches from the lot line, adjacent to Werlein, in violation of the Code's minimum side street setback requirements. . ..',,,,;„Sy..1:-Iii_________________.7..—i--.1 'biI I 1 �"i I ' :lit f! �I� at! 3 , . _ ,. ,, ..... , (. i ,, , ...,,, _ i_L---J:1 ,-------j _)1 41 )i1 !A'�` hi I L: .= , --_ 4 r I ,iii— — — ---------�-- : nu. -,— West U's Zoning Ordinances are in Appendix A of its Code of Ordinances. All privately-owned buildings within West U must comply with the zoning laws found in the tables in Article 7 of Appendix A of the Code. Single family homes are governed by the tables in Article 7A. See App'x A, § 7A-101(a). The Code gives Sherry a private right of action to enforce them.See, e.g., App'x, § 13-102; see also infra n.11. Yard, side. That part of a building site is included in the required yard(or setback area)measured from any side property line.See"Yards"table in Article 7A,Article 7B,Article 7C, and Article 7D. Yard,front. That part of a building site is included in the required yard(or setback area) measured street line or defined by a front building line. See "Yards"table in Article 7A, Article 7B, Article 7C, and Article 7D. Yard, rear. That part of a building site included in the required yard(or setback area)measured from the actual property line.See"Yards"table in Article 7A,Article 7B,Article 7C, and Article 7D. The Plans violate the Code's minimum setback requirements As noted earlier,years ago,the Subject Property was divided by metes and bounds but was not replatted then or since. The Code prescribes minimum setbacks applicable to the Subject Property that are consistent with the setback requirements as it was originally platted(and remains platted). See Code, Ch. 18, § 18-202. Under this law, "no fence may be constructed, improved or structurally altered along the side street line of the corner lot(this would have been the front street line of the original larger corner site)unless the fence is setback by from the side street by at least"one of the following distances: A distance equal to the depth of the front setback area of any adjacent building site which has a front setback area abutting the side street; or A distance equal to the depth of the side setback area of the corner lot, measured from the side street. If the [Building and Standards Commission] is requested to issue a variance to permit a fence on the corner lot closer to the side street than prescribed above, and if a petition signed by 20 percent or more of the persons owning property along the side street within 200 feet of the rear lot line of the corner lot(and on the same side of the side street) is presented to the BSC before it acts on the request, the requested variances shall not take effect unless approved by all members of the BSC.... See Code, Ch. 18, § 18-202(b) (emphases added). Subpart(1) requires a 20'set back on Werlein Avenue The Subject Property's minimum setback under subpart(1), above, is 20 feet,the setback for Sherry's lot,which is adjacent to the Subject Property abutting the side street, Werlein. While Section 18-202(b) literally applies to fences, if a fence cannot be constructed within the minimum side street setback,then a fortiori a primary structure cannot be built within that same setback. That is because the clear import of Section 18-202(1) is to enforce a setback that approximates the minimum front yard setbacks. To construe Section 18-202 as forbidding a new fence from encroaching into the setback area but allowing a new structure to encroach into that same area would yield patently absurd results.