Loading...
HomeMy WebLinkAbout04022026 BSC Agenda Item 3 West University Place Public Works Department To: The Building and Standards Commission From: Chuck Sandifer, Chief Building Official Date: April 2,2026 Re: Requesting the BSC review the request of Ms. Sherry Harbor to revoke a permit issued by the City of West University Place. Background Information: The Plaintiff is arguing that The City of West University Place is in violation of Sections 7A-101(a) and 18- 202(b) is in violation of their municipal code. The plaintiff further argues that the new residence should face the adjacent street (Werlein Street) because she claims the lot originally faced Werlein Street. It would have been either addressed as 2633 Werlein Street or 2637 Werlein Street. We do not have any records of that property ever being addressed on Werlein Street. • See attached Application to the Building and Standards Commission dated 10/23/2025. We do have documents supporting the residence being located at 6719 Annapolis Street. • See attached building permit application dated 8/6/1940 for the construction of a residence facing Annapolis Street. • See attached building permit dated 9/6/1940 for the construction of a garage located on Annapolis Street. • See attached permit application and issued permit dated 10/12/1953 for siding installation at 6719 Annapolis Street. • See attached permit application dated 9/29/1959 for a complete re-roof of the residence located at 6719 Annapolis Street. • Any corner lot is subject to West U site triangle ordinance requirements, and those ordinances will be enforced prior to the issuance of a Certificate of Occupancy. Applicable Regulations: City of West University Place municipal codes, 2021 International Residential Code and the 2020 NEC codes were adhered to when reviewing this project. They were first reviewed by BBG (third-party contractor) and the contract documents were approved for construction. There was a second review performed by West U staff and contract documents were again found to be in compliance with all applicable city ordinances and building codes. That property has been addressed 6719 Annapolis Street for over 65 years and 6 months. 3826 Amherst St. www.westutx.gov West University Place, TX 77005 713-662-5830 West University Place Public Works Department Staff Report: Staff is charged with being stewards of the public domain. We are also charged with being impartial, fair and balanced in the execution of our ordinances and building codes. Staff Recommendation: Staff recommends the BSC deny the request to have this permit revoked. • 3826 Amherst St. www.westutx.gov West University Place, TX 77005 713-662-5830 City of West University Place Development Services 3826 Amherst Street West University Place,Texas 77005 Phone: 713-662-5833 Fax: 713-662-5304 PERMIT PERMIT NUMBER: BP-24-00738-01 APPLICATION DATE: 06/12/2024 PROPERTY ADDRESS: 6719 ANNAPOLIS ST,WEST ISSUE DATE: 09/17/2024 UNIVERSITY PL,TX 77005 PARCEL NUMBER: 051-115-001-0011 EXPIRATION DATE: 06/07/2025 LEGAL DESCRIPTION: TRS 11 & 12 BLK 1 BELLE COURT BUILDING SITE ZONING: Third Single Family District PERMIT TYPE: RESIDENTIAL NEW SF DETACHED APPLICATION VALUATION: 655000 OWNER CONTRACTOR WEST U BUILDERS LLC WEST U BUILDERS LLC 6719 ANNAPOLIS 4131 MARLOWE STREET WEST UNIVERSITY PLACE, TX 77005 HOUSTON, TX 77005 (281)682-7403 NEW FRAMED AREA(Commercial): NEW FRAMED AREA(Residential): 5237 EXISTING FRAMED AREA: GRAND TOTAL FRAMED AREA: 5237 DESCRIPTION OF WORK: NEW CONSTRUCTION RESIDENTIAL BUILD SUB CONTRACTOR: FEE SUMMARY CHARGED PAID DATE PAID RESIDENTIAL NEW SF DETACHED $3,323.13 $3,323.13 06/12/2024 PLAN CHECK RESIDENTIAL NEW SF DETACHED $6,546.25 $6,546.25 09/17/2024 APPLICATION FEE-BLDG $100.00 $100.00 09/17/2024 RESUBMITTALS/REVISIONS $125.00 $125.00 07/01/2024 GRAND TOTAL $10,094.38 $10,094.38 NOTICE TO CONTRACTORS A PERMIT IS AN AUTHORIZATION TO PROCEED WITH THE WORK AND SHALL NOT BE CONSTRUED AS AUTHORITY TO VIOLATE, CANCEL, ALTER OR SET ASIDE ANY OF THE PROVISIONS OF CITY CODE, NOR SHALL ISSUANCE OF THIS PERMIT PREVENT THE BUILDING OFFICIAL FROM THEREAFTER REQUIRING A CORRECTION OF ERRORS IN PLANS OR CONSTRUCTION,OR OF VIOLATION OF CITY CODE OR ANY OTHER CODE,ORDINANCE OR REQUIREMENT OF THE CITY OF WEST UNIVERSITY PLACE,TEXAS. PERMITTEE SIGNATURE: PRINT PERMITTEE NAME: U1 City of West University Place Development Services 3826 Amherst Street West University Place,Texas 77005 Phone: 713-662-5833 Fax: 713-662-5304 PERMIT PERMIT NUMBER: BP-24-00738-01 APPLICATION DATE: 06/12/2024 PROPERTY ADDRESS: 6719 ANNAPOLIS ST,WEST ISSUE DATE: 09/17/2024 UNIVERSITY PL,TX 77005 PARCEL NUMBER: 051-115-001-0011 EXPIRATION DATE: 10/02/2026 LEGAL DESCRIPTION: TRS 11 & 12 BLK 1 BELLE COURT BUILDING SITE ZONING: Third Single Family District PERMIT TYPE: RESIDENTIAL NEW SF DETACHED APPLICATION VALUATION: 655000 OWNER CONTRACTOR WEST U BUILDERS LLC WEST U BUILDERS LLC 6719 ANNAPOLIS 4131 MARLOWE STREET WEST UNIVERSITY PLACE, TX 77005 HOUSTON, TX 77005 (281)682-7403 NEW FRAMED AREA(Commercial): NEW FRAMED AREA(Residential): 5237 EXISTING FRAMED AREA: GRAND TOTAL FRAMED AREA: 5237 DESCRIPTION OF WORK: NEW CONSTRUCTION RESIDENTIAL BUILD.RENEWED 10/3/2025 SUB CONTRACTOR: FEE SUMMARY CHARGED PAID DATE PAID RESIDENTIAL NEW SF DETACHED $3,323.13 $3,323.13 06/12/2024 PLAN CHECK RESIDENTIAL NEW SF DETACHED $6,546.25 $6,546.25 09/17/2024 APPLICATION FEE-BLDG $100.00 $100.00 09/17/2024 RESUBMITTALS/REVISIONS $125.00 $125.00 07/01/2024 PERMIT RENEWAL FEE $3,323.13 $3,323.13 10/03/2025 GRAND TOTAL $13,417.51 $13,417.51 NOTICE TO CONTRACTORS A PERMIT IS AN AUTHORIZATION TO PROCEED WITH THE WORK AND SHALL NOT BE CONSTRUED AS AUTHORITY TO VIOLATE, CANCEL, ALTER OR SET ASIDE ANY OF THE PROVISIONS OF CITY CODE,NOR SHALL ISSUANCE OF THIS PERMIT PREVENT THE BUILDING OFFICIAL FROM THEREAFTER REQUIRING A CORRECTION OF ERRORS IN PLANS OR CONSTRUCTION,OR OF VIOLATION OF CITY CODE OR ANY OTHER CODE, ORDINANCE OR REQUIREMENT OF THE CITY OF WEST UNIVERSITY PLACE,TEXAS. PERMITTEE SIGNATURE: `� )2 A0\ Pt&I M e c-t L ape vis,sr uWn.�9s'F k. City of West University Place APPLICATION TO THE BUILDING AND STANDARDS COMMISSION or OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS ("CITY") rams 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): N/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, including details of each specific violation. State of Teirt5 County of thrti� This instrument was a owledged before me on O CiO Per 62 3 20 e -5 by Sit e rr r'er- . ..� RODNEY BASSETT i (Seal) •`�f\, Notary ID#130563102 I ,t17 T:. My Commission Expires I MAY zo3e jiJ fI��� My commi ivn ie511�`� �(j(� 4 Notary Public *****$500 F.,!LING FE< PROVIDE sRIGINAL PLUS 15 COPIES (16 TOTAL) OF ALL SUBMITTALS***** Signature of applicant: Date: I.% ' ( ( For Staff Use only Date filedM5 )by) Date heard:N\I)V-) Docket#: 2fV) Form BSC-102 36 \ _._.,I . d y� I 1 Lm� d 1 — JO 'q,, cis SI ,o. c c u � „ .J (�6 i C W 0 I •�1 oa0ui f � J� V. � .1 , 3. '-g Le, 1 c u s u ,r, ,.....,,,,,, -,z) 0ro v> C 1 i — , O in d1t1 N " ' E "c = UT�i 11�% E L N III •` - .. 1 i , q� A-, O >- r� 4! i C L. ,� C .Y S IIIHII "0 0j7_}} tol c a 0 h c O a C3 J o O U 1 ok a..... 0 wc o. Cr) c ° a) c ,...,11 kit. ii. \,..5..k, $71. C C3 o>-• t n n .... 2r ..::, 7 .z --.,:z6 No 0 0 . E 1 0) w g � 3 c "E o o ' 1 VI lUll mu 3 o � � � o Q ‹? is .11 _ — tin ..d. a) co 1 j .0 Q = S N 11 `V ` p l u .c ml - >. � 15 ° v N °' 1 a) U tuo v "- � .2 Q • • • �. S ,C6. � i O O -N 0 tJ S. -2-,,, C g a h -� — 2 C i `< yam, , i 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. E • JHr1Frt ' :!F_.; r_t ITIF'1 bl 1 . ;:- ' 1 illik emmel___ 1 ' ' ,__I idaasa -i-.... I i.------) ;.., IIII9i!!k1 i { II -�-, a 1" WM I i I , ; , I III II I I I„ -. .,-3 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. FEE $ PERMIT No, c:' / 2. / APPLICATION FOR BUILDING PE West University Place, Texas, 1 4 -6 To the Inspector of Buildings of the City of West Unihei'sity Place: The undersigned, in accordance with the provisions of the Building Laws of the pity of West University Place, hereby applies for a building permit for the�ctii of the imI t5V "ants herein described, on Lot // ` Block , in • .. .::•.,,,„C.. .. . vrtm t,.. Addition, fronting on._:. 'L1 L^#�w'..:"T11" .' Street in the City of West University Place. General Descr p on: t rl• , Kind of Building YA-rkiAits,_ Number of Stories b"Y J 1 Material to be used on Roof.,..› '1. - 1.i�a e •,-: 's.. /7' Dimensions./ ,,...4....Feet, runt c F t Dee n... Garage I /1 Name of Owner..,h4.-)2'tei `tP' - '-1../ . n 0 A-4 •k Estimated Time of Compl Lion Name of Contractor - Estimated Cost. ...... . All provisions of the Building Laws shall be complied with in the construction, alteration or repair of slid Building , ,, r whether specified hereon or not. 7/1L-A.4.)....Signature of Applicant _ ' 1 " L. ea •• . f BUILDING INSPECTION DIVISION - ENGINEERING DEPARTMENT ZONE NO. CITY OF WEST UNIVERSITY PLACE, TEXAS Sq.Ft.Improvements. PERMIT NO. / PERMIT APPLICATION Main House Screen Porches For the Erection of Buildings, Accessories. Repairs, Wrecking, Moving, Etc. Open Porches / Total Hou-- Rend red in Name of ��" Garag k i. // 71, i' TOTAL Lot Size Lot Blk. Addn._,<. —.____ / Fee $ Address_ (J 7! ` Y'�" Use or Occupancy 'f'1"'.- Application for Permit for_-._ C •-, €4.17,- Height: No. Stories, etc. North Foundation Constr. of N �" 3 w Exterior Walls Constr. of Interior Walls Constr. of South Floor Constr., etc. Roof Constr. of -- ( ( 1 Is Attic Ventilation: Cost $ Insulation: Cost — i Electric: Cost lbg.: Cost Garage Size ---- Plumbing Fixtures No. of Cars '" Kind of Constr. Water Closets ., - Shower Baths Description of Repairs, etc. ' ' 6 " Ice Box Drain C eHt i', , Urinals — . d k $ Q 1 i Slop Sinks Total Cost of Improvements /__? � 4°"" Bell Traps Fountains Owner ws " "a,=.=Address Catch Basin f' if , , r ? ; 0Misci. Contractor:-` �-.•'-.,"'''At1_ '1 Address " , N Tel. Baths _ -_— , - ) Basins This Application to be accompanied by suitable drawings and Specifications for Ap- Sinks proval, and if for the erection of a building or buildings or other type of structure, a Sewer plot plan indicating the location of building or buildings, etc., on said lot. All pro- Gas Outlets visions of the Building Code, or other governing ordinances shall be complied with -- whether or not herein specified. Heating Plant I hereby accept all conditions above mentioned and certify that all statements herein recorded by me are true Date Issued ' 1 Application, Plans Checked and Approved Subject to Provisions Signed of Building Code. — — Applicant By ." A'�$4, By r.+ - ,14 t N —Date / 4. Chief Building Inspector ` — -. --.-----_ + r,i- __-__-- Permit clerk Occupancy Permits are required for occupancy of all buildings or change in use thereof. Form ED-1 I. � .ram City of West University Place, Texas BUJILDING AND CONSTRUCTION PERMIT THIS PERMIT TO BE POSTED IN A C NSPICUOUS PLACE ON THE WORKS Date ")----- 2 A plication No. a ? 3121 104 ! having made proper application as required by City Ordi ianee. Fee Paid,$.... .. .., TIIIS PE IT IS 4,0 For k Street.... . c'2 Z2.-u: . . House 7 ..60 .. Approved: Issued by.. . .. / 94,Eviiiieer Perm, G9 e City of West University Place, Texas BUILDING AND CONSTRUCTION PERMIT THIS PERMIT TO BE POSTED IN A CONSPICUOUS PLACE ON THE WORKS J ¢'t, ) Date ) — / 3- "---(----'-"Application No. 1 NC 7355 0- A i ti ".: A-,, ,.� c_ p,, having made 6 # proper application as requiVed by City Ordinance. Fee Paid, $ THIS PERMIT IS GRANTED L k For j — ,t,4,,-(/ -A-7:X--'4,..-^1,,L r ! 1,) 0 4, 14,_ 10--t- ('' 4,.)- i. 1 '4.' c Street Ct-.`7 l., 1, I_fk,.,: \'. -tis-. c. -2 House No.(c J / y J Approved: Issued by City Engineer Permit Clerk BUILDING INSPECTION DIVISION ENGINEERING DEPARTMENT ZONE NO CITY OF WEST UNIVERSITY PLACE, TEXAS Sq.Ft.Improvements: PERMIT APPLICATION Main House PERMIT NO. a Screen Porches For the Erection of Buildings, Accessories, Repairs, Open Porches Wrecking, Mo ' , Etc. 674- / Total House Rende'e0 in Name of ? Garage ° TOTAL Lot Size T,ot lk. Addn. c' E- Fee $ Address W/7/29" fre/-/S Use or Occupancy —I I I L Application for Permit for _• __ North Height: No. Stories, etc. Foundation Constr. of Es w Exterior Walls Constr. of Interior Walls Constr. of South Floor Constr., etc. I— Roof Constr. of Attic Ventilation: Cost $ Insulation: Cost Electric: Cost Plbg.: Cost Garage Size Plumbing Fixtures No. of Cars_ Kind o' Constr.___ _ Water Closets 40, / 6 Shower Baths Description of Repairs, etc. F l cG lit vs c� � Ice Box Drain Urinals P cl Slop Sinks Bell Traps Total Cost Improvements '( . 1* / �� /'J Fountains Owner Z) >>��� Address lS l< / / 7 ` Catch Basin '"' !!��//� ! 'r MisCL > (�L� Address -"' /9`'l k�� Tel 4��/P-1 t/ Baths Contractor �C���y — Basins This Application to be accompanied by suitable drawings and Specifications for Ap- Sinks proval, and if for the erection of a building or buildings or other type of structure, a Sewer plot plan indicating the location of building or buildings, etc., on said lot. All pro- Gas Outlets visions of the Building Code, or other governing ordinances shall be complied with Heating Plant whether or not herein specified. I hereby accept all conditions above mentioned and certi • that all statements herein recorded by me are true. Date Issu•a • � , / ,r. ",• ! 4. i 19 Application, Plans Checked and �r [ Approved Subject to Provisions Signed (l I C�� of Building Code. Applicant Byl By Datlp el ' ". Chief Building Inspect Permit Clerk Occupancy Permits are required for occupancy of all buildings or change in use thereof. vni -ys2- K9 9 '" • '1 ; 3 t r_..1 c, n • • GL AAVEirue } a t. �/s'.r1nly 0 ms \r !a /d // /3'141/1 .1 10 . , I ' ' 11 p ! 17 d a E I! 1 2 / ,ro 1 t / d S 4 ! 12 g i7egr/a-A- ,4y.twpfe `. ..: i i. i3• r---1---01 • 1., :: ......., iiu 1110 iiui1 mil ,ki f� 1 , . S,- ro rA orr J av©Yorc• 17 r t,} ii 1 . 1 , ,, ,, • .111111 rr' 21' ir�rL I !• ( t';;ILL t- a ,Y ,•_� . _ . ii p � III_ :3 23•, "3 as ifi� .. .� C.Rtdh' AY.e/YUG' $ \C 2•)' '` t3a !"C a .p. s`.ssl V rd1s• -� W `3 l r) Ala ` t.4. Tit 'A . -,. I ; ..�-1 1 ' V t ,> ; r r. •• ,�, zs� Oj .} 23 '._" PP. K K 71...t 't: ..., l _ _ �V I e - 1 25 • ' �13 4. .", N.E'' .v w'�.. •. •.. •1.. - I ,` /�) . /Y • 'h �1.' ' 9 * 4,-1;1 N +at Ir404EIN AI/FiSUEr 6 y•f'Z� Rr of "SY - r �' .. .. 7' j z. J. } r- !ny{ fie. 28 yt• ',' t ti '•,� sit 1 ... - ,'`rp. /!, .,n - - . _ (1yM1.•,tA P. jLQ, `k �t tl 3 4 M 9 ry ` J • �' r"V ., \. V^( 1 y 4 G z ` •• �; .• •- "r Y,1,. bps i,,,,.,A i rf a,, , „in d ! s /: /m•�, / d xi 0 e � • •. .. �,. . i�,Lw Mgt ---1- ` t ^- t ' S F ' s3 � r ` 31 1va i4� ',, 35. Yt4 ''' r B 7/ a 1, ,4.r— U.'T GD �i$ tr .. " fit }fiY' • .R , " W t •i d + Tr/4 0'e Fr0IDS SU/472f'_l a , "?' r!4 , r '••�wA4Ph /rlJ,.T2_1'.ej._• , A. } }x : r ' r• . Lax 3 afr 1. �] ra y turwr Y• .. . ' . -irr.'x C 4'. };' k, i *i ' yl a ' t c '1:r' `1td7'W 'ix{ •y -!' ,9r���. �• r 44 th t;.4),•,;• r..d- 7 F -. d w lei t,,e • Y tt T' /y 1s .r ` a ; x4S a iKfi� V 4 C T 3 - --i , ,� 4 S ,r F; J 3 t 3 s f • 47' 4t7 r `t *w"`/`i f q 44. 4it Ct'L ';>!'+, lg+ 0 f ;r ' ! 1.-. 5 i • P 4.v ,e ,, ,,,k �Sr S ,... t t''+� z •Af > r .'�v. $fit t f ,u�t 1. . . • t 4'"t,41 i4N v- ',- % . z- ;w..uclr t'^,h„ t'F. .,-«a. .t4.i.. * I'-'e4...w..-..,.- ..rxs . t !" eft r 5 1.-',1 , > } a lY t} '14 /.V4:1x "" Sys .mot. 4' �, i _ Q} tt ^1' 'j S �r.�4 `T. ;f tt[t ' c. ': .4..`. ,� /Y"h,';'•. /S ?/`it4+'. 1���'ft�'"•, 'fy' r1 ,,) 7�t: f`134'(� r•Zr' a 4 d`4 t';',"Itff s t t Fw: 6719 annapolis From: Houston Real Estate Group(hreg@sbcglobal.net) To: ssample@westutx.gov Date: Thursday,July 7,2022 at 09:20 PM CDT Houston Real Estate Group, Inc. Office: 713-621-9000 Fax: 713-621-471 S Forwarded Message From: Clay Chew<cchew@bbgcode.com> To: Houston Real Estate Group Inc<hreg@sbcglobal.net> Sent: Thursday, July 7, 2022 at 04:11:10 PM CDT Subject: Re: 6719 annapolis https://www.westutx.gov/DocumentCenter/View/638/zon ing_map?bid ld= Rotated corner building site or lot means a corner building site in the SF-1 District which has been"rotated"from one street to the other,such that it has a front street line lying along a street that is different from the street along which the front street line of the original corner lot would lie.The original corner lot is the single subdivided lot on the same corner,as created by the plan recorded in Volume 444, Page 563 of the Deed Records of Harris County,Texas,entitled "Map Showing West University Place,a Part of the A.C. Reynolds Survey, Harris County, On Thu, Jul 7, 2022 at 2:50 PM Houston Real Estate Group Inc<hreg@sbcglobal.net>wrote: good afternoon. can you give me a call please 8325776333 you incorrectly gave information that the buikding set back on werlein is 6 feet that is not true. the set back line on werlein is the same as all the houses on werlein. 20 feet you cannot build or even put a fence in the back yard Sent from my iPhone with love and grace 7 -. _ r ..- ._ .. .. ...-.. -. . .. - - • A. 1920. Kato Huff, Notary Public, iX sari :+r•Goc};e �oo,utp '.sine.ep f:?,.ti ) The restate of 'Texas, County of Kerrie: c'Ts?KiFiri ME, the undersigned nuthori+e, 9n,t44{1f 4. Ip" ; d•Z appeared C.U. Malone, known to re to be the person whose name in oubscrtt -t o'the r'ai+ig'gdSn i,1atK , inert end also known to me to to the Vice-?reel-dent ct' the Guardian Trust Co-.u r .. ti„ ] t executed that he exected the said, instrument fqr-,tEa"purposes and eonalderartioi: tI a'«:ir. e yr , r {,. S F'. '. .e atcity therein. rotated and ae the act and deed-of said corporctic'. .0IV.1t: under mg,hand and seal of office,- at.Houetoo;lezes. t to Bth du c r U !_r , fi l .. ". Norman 9tsrling,Not.ary Fubli,s.„ In,r-nd N,., _in Cop ta; ':'�xa3• N. ` 9l.:,. ? i3 }rit +-- a • a5E.,: ice.. .a'?/V.R.tt6^ s7?7v'J..�..r :. ,, iIj.t.,,1-."‘"„ ' 1 1 �� lb 5 1 k rt [. • n < r ,g a lj „ -5 � a• t 1, ' . * ry p , r rfi 5'N .)ilk ;V'"'V: LIo . i t 0....t..'h''''• .. 't f _ _ _ '"1 !;4 } i I s . O.V-.''d'k - 4.1 -f _.- 1 `�.. --' { '-1�. 1 __-I R-.i f j _ r f 74YM• f ' y h' � r i ! 1 i I I I I a vaci • • • • fs1`.r+ ? >{ �ti • T1 [ f are ( ;. rIl I 1 I t ( � 1 i ,,ci4 'a ''X'; 4 .r cl` -_�.' -.I...__ '_k 1 f1_.. 1...i a.�_1 l.._L..i..J,''1 J -� � 1 `_1 !-_. r 4'j f iYt r � :, ft,: 1.-1-4 r•-^«.�-%1.-kl.l •1-n `+:, f«1- -; 1` k � , �41 • -� - I---..--. — --LJI -- ,t-'-y! i'i c'%ir .• '. I _ I 1 1I )1t 1• I , t 3 '''1'-'. :' •M Ni•' 1!,,,._ z 1. , ~.y.sr_..I..i y.:1* 'i3 ; `I 1 \_1 r i 1*i.L-1_11, l .�.i i?!\i ,"� 9 wr{.bras`r_.. • 4 -u- — {- ;1--it-'1 -,- ,s-r«r: -, i T'a'ry 5• ,p r•r. `' sbl t .� `J a l-a.LY1_i. 1.`�1 - ♦L:.`_i_J :i!!'7.G9' L '`. 1:I_a ja�2t ,,_1,1j' t'r t "4F p1111;,f gb'd ,I .. '. ti -t ,1«1�t 1 T`,/ I_`I 1 !� 1 i i I'�-1-- 1 �6¢.a,t{4,-.Fyi l ' •z`. r- ,I.i{.M ,,,.. .'1.a' _ ., N. p,rt `�i R 1, .�. t_.J._"rt ,,e�11 .. ataxa! 1 0.,`, .-,. 4r.st 1 1 r I. i t , 1 �q tit"- v ah ., , , ,, ., , , _ ' , - .," ‘, - . t. ,MOW, *,,. „vc.t.,,,,,,,....1•1' ,,,,k . ;,-,-,---/,.":- ,f.4.:ei h S'� w .. ail6 � 18P1 ,•� - � t.�.:u ; r h ; r HARRIS CENTRAL APPRAISAL DISTRICT Tax Year: 2023 REAL PROPERTY ACCOUNT INFORMATION 0511150010011 print Owner and Property Information Owner Name & WEST U BUILDERS LLC Legal Description: TRS 11 & 12 BLK 1 Mailing Address: 4127 MARLOWE ST BELLE COURT HOUSTON TX 77005-1953 Property Address: 6719 ANNAPOLIS ST HOUSTON TX 77005 State Class Land Use Land Total Neighborhood Neighborhood Market Area Map Key Code Code Area Living Group Facet MapA® Area Al -- Real, 1001 -- 6,563 1,320 7423 1216 110 -- 1B 5255D 532G Residential, Residential SF SF Bellaire, West Single- Improved Univesity, Family Southampton Areas Value Status Information Value Status Notice Date Shared CAD Noticed 03/31/2023 No Exemptions and Jurisdictions Exemption Districts Jurisdictions Exemption ARB Status 2022 2023 Type Value Rate Rate None 001 HOUSTON ISD Certified: 1.037200 0.868300 08/18/2023 040 HARRIS COUNTY Certified: 0.343730 0.350070 08/18/2023 041 HARRIS CO FLOOD Certified: 0.030550 0.031050 CNTRL 08/18/2023 •042 PORT OF HOUSTON Certified: 0.007990 0.005740 AUTHY 08/18/2023 043 HARRIS CO HOSP DIST Certified: 0.148310 0.143430 08/18/2023 044 HARRIS CO EDUC DEPT Certified: 0.004900 0.004800 08/18/2023 048 HOUSTON CITY Certified: 0.095569 0.092231 COLLEGE 08/18/2023 085 WEST UNIVERSITY Certified: 0.277402 0.260840 PLACE 08/18/2023 Texas law prohibits us from displaying residential photographs, sketches,floor plans, or information indicating the age of a property owner on our website. You can inspect this information or get a copy at HCAD's information center at 13013 NW Freeway. Valuations Value as of January 1, 2022 Value as of January 1, 2023 Market Appraised Market Appraised Land 826,938 Land 856,472 Improvement 17,413 Improvement 20,293 Total 844,351 830,398 Total 876,765 876,765 Land Market Value Land AppLine Description j Site Unit Units Size Site O/Rr 0/Rr Total Unit Unit Value Code Type Factor Factor Factor Reason Adj Price Price 1 1001 -- Res SF1 SF 6,563 1.00 1.00 0.90 -- 0.90 145.00 130.50 856,472.00 Improved Table Value Building Building Year Built Type Style Quality Impr Sq Ft Building Details 1 1930 Residential Single Family Residential 1 Family Average 1,320 * Displayed * All HCAD residential building measurements are done from the exterior, with individual measurements rounded to the closest foot. This measurement includes all closet space, hallways, and interior staircases. Attached garages are not included in the square footage of living area, but valued separately. Living area above attached garages is included in the square footage living area of the dwelling. Living area above detached garages is not included in the square footage living area of the dwelling but is valued separately. This method is used on all residential properties in Harris County to ensure the uniformity of square footage of living area measurements district-wide. There can be a reasonable variance between the HCAD square footage and your square footage measurement, especially if your square footage measurement was an interior measurement or an exterior measurement to the inch. Building Details (1) Building Data Building Areas Element Detail Description Area Cost and Design Econ OPEN FRAME PORCH PRI 48 Misimprovement BASE AREA PRI 1,320 Cond/ Desir/ Average CARPORT PRI 238 Util Foundation Type Crawl Space OPEN FRAME PORCH PRI 144 Grade C+ Adjustment Heating/AC None Physical Average Condition Exterior Wall Frame/Concrete Blk Element Units Room: Total 6 Room: Half Bath 1 Room: Full Bath 1 Room: Bedroom 3 Extra Features Line Description Quality Condition Units Year Bulit 1 Frame Detached Garage Fair Good 324.00 1930 ARTICLE 2. - DEFINITIONS AND INTERPRETATIONS Section 2-100. - Rules of Construction. In this ordinance: (1) Words used in the present tense include the future; words in the singular number include the plural number; and words in the plural number include the singular number. (2) The word "shall" is mandatory and not directory. (3) Words not specially defined in this ordinance are used in their common ordinary senses, except that special terms used in the context of criminal violations (such as "affirmative defense" and "presumption") are intended to have the same meanings as in the Texas Penal Code. (4) Unless otherwise indicated, all lines and boundaries shall be applied as if they were planes vertical to the surface of the earth and extending both above and below the surface at each point along the line or boundary indicated. Section 2-101. - Intent and effect of law. The intent of this ordinance and of the use of particular undefined words;p0; Certain terms in this ordinance, whether capitalized or not, are defined as follows for purposes of this ordinance: Accessory.A building, structure, or use is accessory if it is (i) subordinate and incidental to a lawful principal building and use on the same building site, and (ii) is necessary or convenient for a lawful principal use of such building. An accessory building, structure, or use can include but is not limited to, a garage, guest quarters, pool cabana, game room, or other similar use. But see, Tables 7A-1, 78-1, 7C-1, 7D-1, Note 2. Accessory quarters(or"AQ").A dwelling unit meeting all of the following criteria: (i) it is located on the same building site as a principal building containing a dwelling used for single-family(detached) use; and (ii) it includes no more than six hundred square feet of gross floor area. Adjacent side yard building site or lot means a building site that abuts another through a shared side property line. STREET ADJACENT SIDE YARD BUILDING SITE STREET Illustration 2-102b ADJACENT SIDE YARD Administrative official.The person designated as such by the city manager. Attic. Unfinished space immediately beneath a roof and above any story below. In this definition, "unfinished" means that the space has none of the following: (i)air conditioning or heating for the space, (ii) wiring or cabling in excess of the minimum needed for maintenance of the structure or mechanical equipment, or(iii) sheetrock, paneling or similar wall or ceiling materials. Auto-intensive use.Any land use where goods or services are provided to or for motor vehicles or to persons who may remain within their motor vehicles to receive such goods or services. Examples,which do not limit this definition, are gasoline fueling facilities, automobiles sales or repair facilities and "drive- through" or"drive-in" establishments. Balcony. A platform enclosed by a wall or balustrade on the outside of a building above the first floor, with access from an upper-floor door. Bar.Any commercial unit within which either: (i) 50 percent or more of the gross floor area is devoted primarily to the preparation or sale of alcoholic beverages for consumption on the premises; or(ii)the sale of alcoholic beverages for consumption on the premises accounts for 50 percent or more of the gross sales with such commercial unit in any month out of the three preceding months. Block.An area bounded by street areas and occupied by or intended for occupancy by buildings. Block face.A continuous row of parcels of land all on one block and all touching a given street. Book sharing exchange(s). Book sharing exchange means a detached accessory structure usually consisting of an enclosed box sitting on top of a small stand which contains a door and is designed to hold a small number of books that are intended for use by members of the public. Such structures are generally known and referred to as "Little Free Libraries". Buffer yard, SF.A yard in a non-SF District buffering an SF District. It is measured from the nearest part of an SF District. See the "Yards" table in Article 7A, Article 7B, Article 7C, and Article 7D. Building. Any structure built for the support, shelter or enclosure of persons, animals, chattels or moveable property of any kind.Two attached buildings are considered a single building unless they are separated by a firewall unbroken by interior passageways or openings. See definition of"detached." Building official. The person designated as such under the City's building code. Building site. See Article 5.An "old" building site was established with its present boundaries before October 24, 1987. A"new" building site is any other building site. C District. The Commercial District. Certified sound emission level.This level is measured in decibels according to the Air Conditioning and Refrigeration Institute's reference test method AR1270-84("Standard for Sound Rating of Outdoor Unitary Equipment"), or an equivalent method approved by the Administrative official. See Tables 7A-7, 7B-7, 7C-7, 7D-7. City. The City of West University Place,Texas. City Council.The governing body of the City of West University Place, Texas. Commercial(C)District. Includes all C and all portions of a planned development district(PDD) designated primarily for commercial uses. Commercial unit. A building or part of a building occupied or capable of being occupied as a separate business or commercial establishment. Commercial uses, light.Any commercial district use except an auto-intensive use or one of the other medium commercial uses. Examples include, but are not limited to: light office uses for ordinary business or professional activities, stores for the sale at retail of goods or services use (including grocery stores, convenience stores, and shopping centers), restaurant use, bank and financial services use. Commercial uses, medium.Any commercial district use composed of one or more of the following uses: auto-intensive use, night assembly use, theater use, bar use, club use, physical fitness facilities or health care facilities use.Any use which is partially a light commercial use and partially a medium commercial use shall be deemed to be a medium commercial use for all purposes. Common-use area. This term includes areas within street areas, easements (other than local-service easements)and other similar common-use areas. A "local-service easement" is an easement which: (i) is designed or intended to provide utility service, secondary access(but not primary access), maintenance or similar supporting service to the parcel where it lies or to an adjacent parcel; and (ii) as a practical matter, allows the fee-simple owner of the parcel to enjoy substantial use of the easement area. A flood control easement is a common-use area, not a local-service easement. Comprehensive plan. The document adopted by the City Council by Ordinance No. 1641, passed finally on May 8, 2000, as the document is amended, from time to time. Consanguinity or affinity. These terms are interpreted in accordance with State anti-nepotism laws. Corner building site or lot means a building site abutting two streets intersecting at an angle of not more than 135 degrees. If the angle of intersection is more than 135 degrees, the building site is an "interior lot". Curb cut means a break in a curb intended to provide driveway access to a roadway. If there is no curb, the joint or line separating the roadway from the driveway is deemed to be a "curb cut". Depth.With respect to the depth of an area, the average horizontal distance between the front and the rear. For irregularly-shaped building sites, the depth is deemed to be equal to the average distance from the front street line to the rear or side of the site when the distance is measured perpendicularly from points along the front street line. For purposes of determining compliance with the minimum dimensions of a building site (only), the building official may accept the nominal dimensions of a building site as shown on the current recorded plat in lieu of the actual measured dimensions, when: (i) both dimensions are obviously intended to describe the same site, and they do not differ by more than six inches, or(ii)the ZBA has issued a special exception, based upon a finding that both dimensions are intended to describe the same site and are approximately the same. Detached.Two structures are detached if there is no physical connection between them above the ground. Exception: an accessory building attached to another building only by a covered walkway or "breezeway" open to the outdoors on the sides is deemed to be detached. Disability is determined in accordance with the Fair Housing Act, 42 USC §3601 et. seq. Driveway. A driveway is an outdoor area designated or improved to provide a path or route for motor vehicles. Dwelling unit(or "DU").A building, a single room or a group of rooms capable of being occupied and which have all of the following: (i) direct access from outside of the building or through a common hall; (ii) a kitchen area including a sink, a refrigerator and cooking equipment; and (iii) a full bathroom including a sink, a commode and either a bathtub or a shower. Enclosed. Enclosed, when referring to porch space or building space, means that 51% or more of the perimeter of the space is enclosed by wall surfaces that are less than 75% open to outside air and light. For this purpose, ordinary insect screen are considered open to out side air and light. Established driveway pattern. A pattern along a block face where 25 percent or more of the frontage is included in building sites upon which there are driveways. The pattern, if any, is indicated if 66 percent or more of the driveways are on one side (e.g., either the left or the right) of their respective building sites. Face. To face directly or at an angle less than 90 degrees. Family. One person, or a group of persons meeting any of these three criteria: (i)each member of the group is related to each of the others within four degrees of consanguinity or affinity(a "related family"); or (ii)the group includes only a related family plus one other person, all of whom live and cook together as a single housekeeping unit; or(iii)the group includes only persons who live and cook together as a single housekeeping unit, in a family-type home approved in accordance with Article 8. Family-type home means a home for which a permit or special exception is in effect as provided in Article 8. Fence-like hedge means an arrangement of vegetation or foliage having the characteristics of a fence and growing higher than 36 inches above standard base level. Framed area. Framed area reflects the size of a building, in square footage. It is defined and illustrated in Schedule FA. SCHEDULE FA (FRAMED AREA) (a) General rule. Framed area reflects the size of a building, in square footage. Framed area includes all floor and ground areas under a solid,fixed roof, except the uncounted areas listed in this Schedule. Floor and ground areas are measured, on each level, according to the measurement method set out below. For each building, the measured areas for each level are totaled to produce the framed area of the building. (b) Measurement method. For each level of a building, the framed area is the area of an imaginary, horizontal, unbroken plane immediately atop the structure supporting the floor(or immediately atop the ground, where there is no floor). Each plan extends horizontally to the outer main wall surfaces of the building, or to the outer perimeter of the structure above (whichever is outermost). For this purpose: 1. Steps, landings, sunken areas, floor openings and similar features are not considered separate levels, so there is no plane on those levels; 2. Each plane extends to the outer wall surfaces of bay windows, cantilevered space and similar space on the same floor, regardless of the height of the floor; 3. If there is a "split level" or similar irregular floor level, the building official may designate either one level to define the imaginary plane for that floor, or separate planes for the separate levels; and 4. If area (all or part)within a one-story building has an interior height exceeding 19 feet, the area is doubled to calculate framed area (and if it has a interior height exceeding 31 feet, the area is tripled). (c) Uncounted areas.The following areas are not counted as framed area: 1. Attic area that cannot be reached through a fixed accessway; 2. Attic area where there is a interior height less than seven feet; 3. Those non-attic parts of an imaginary plane on a second or third-floor level, above which there is less than seven feet of interior height; 4. Area beneath eaves, cornices, roof extensions, "greenhouse" or bay windows, cantilevered space and similar parts of building that project outward from the main wall of a building no more than 24 inches, if the area is on a lower floor level (or at ground level)and is otherwise completely open to the outdoors; 5. Unenclosed porch area of a principal building, if the longest side of the porch directly faces the front street line or side street line of the building site, and the area is neither designed nor usable for motor vehicles; 6. The area of"crawl space" at ground level; 7. Unenclosed walkway or "breezeway" area if: (A)the area directly connects a principal building to an accessory building containing garage space located behind the principal building; (B)the total covered width of the area does not exceed eight feet; and (C) no part of the roof is higher than 14 feet; 8. Area of recessed entries (garage or home) or windows that is completely open to the outdoors on at least one side, if: (A) each area faces the front street line or side street line of the building site, (B)each area is not larger than 100 square feet, and (C)the total of all such uncounted recessed area is less than 200 square feet; and 9. Basement area if: (A)the floor is at least five feet lower than the standard base lev el of the site, and (B)the interior height does not exceed eight feet. The rul es fo runcounted areas shall be strictly construed and applied to the defined areas o 6y 7 § 23 co \ K c y / / \ CO \ _ \ \ 53 Co /_ / _ Cl) � § \ / \ \ \ \ \ \ 7 \ CO = »� •\ % - 2 \ 0 ■ & \ƒ \ Q ° ® o .2 y LL. \ // 1 \ ƒ 2\ ® y —5 / w @ — ® - 2 a) $ / 0 � \ % \ 1 1 U ■ ® ® / u) 0 % \ | a) § ■ q . - -a ® / ± SA \ I U) a) \ I �■ / ( c � I ( m . . ' CO 2 = E \ 3 z / Front right-of-way area. Fo r a given building site, the area within a stre e area which directly abuts the building site. Front se ma k�� e The line which marks the closest permissible location of a building with re spec to the front street line (disRgring those projections specifically allowed by this ordinance). The front setba ck line is usually the edge of the front yard. Garage space. Building space fo r storage of motor ve hides Enclosed garage space must becompletely within a building. Semi-enclosed garage space must have a sol d or an opaque wall at least six feet high around at least one-half of itsperimeter. GR District. A general residential district. Gross floor area. The gross floor area shall be measured by taking outside dimensions of a building or space in a building, on each floor level, excluding, however, the floor area of attached garages, basements or attics used only for storage, and opened or screened porches, except where the gross floor area of the main space is 1,100 square feet or more, in which case, half of the square footage of such opened or screened porches shall be used in computing the gross floor area. Height. Height is measured vertically from the standard base level of a site.The height of a structure is the vertical distance to its highest point. Height, interior.The vertical clearance between the main structural elements supporting a floor(e.g., floor joists)and the main overhead structural elements (e.g., roof rafters, ceiling joists). Where there is no floor, the interior height is measured from the imaginary plane used to measure framed area). High-density occupancy means the use of a building or structure, or a portion thereof, for any of the types of gatherings described in Subsection A-1, A-2, A-3,A-4 or A-5, § 303, International Building Code, 2006 Ed., International Code Council, Inc., but only if the gathering exceeds any of the following parameters: (i) at least 100 people four times or more during any 12-month period, (ii)at least 50 people eight times or more in any 12-month period, or(iii)at least 25 people 16 times or more in any 12-month period. The requirement for a special exception for a high-density occupancy is deemed to be satisfied if, before the effective date of this Ordinance, the ZBA issued a special exception for a use that, at that time, included substantially the same high-density occupancy. Home occupation. A business activity upon a given building site which meets all of the following criteria: (1) It is carried on exclusively by persons who lawfully reside upon the building site without the employment of any other person, whether paid or unpaid. (2) It does not involve any sign or other means of advertisement on or near the building site. (3) It does not involve any significant storage of goods or fixtures. (4) It does not require any specialized building or structure, or any modification of a building or structure. (5) It does not involve the transmission of sound or electronic impulses other than by means of utility services. (6) It does not cause any significant increase in traffic or on-street parking. (7) It causes no noise, odor, discharge of any substance or gas, vibration or other condition detectable from outside the building site in question. (8) It is subordinate and incidental to a permitted principal use of the building site. Incidental sale. A business activity(such as an occasional sale of used property, a "garage sale" or a "bake sale")which is specifically allowed under another ordinance of the City regulating such activity or which meets all of the following criteria: (1) The activity involves only the sale of used personal property, food or beverages. (2) No business activity(other than activity which is part of a home occupation) occurred on the same building site on 178 or more days out of the 180 days immediately preceding the day of the activity. (3) The activity is an accessory use of the building site. Interior building site or lot means a building site abutting only one street or abutting two streets which intersect at an angle greater than 135 degrees. Licensed day care center. A facility licensed by the State of Texas that provides care, training, education, custody, treatment or supervision for more than 12 children under 14 years of age, where such children are not related by blood, marriage or adoption to the owner or operator of the facility,for less than 24 hours a day, regardless of whether the facility is operated for a profit or charges for the services it offers. Line, front street.The common boundary of a building site and a street area. For corner sites (and any other sites touching two or more street areas), the front street line is determined by the administrative official according to the following criteria, listed in order of precedence: (1) A special designation of the front street line made by the ZBA(see, e.g. Article 8), or by an approved QMDS plat or PDD site plan (if any). (2) A clear indication of the appropriate front street line, based upon: (i) Subdivision pattern; platting (ii) Traffic and access pattern; (iii) Property size and shape; (iv) Orientation of existing and historical development; (v) Probable future development; and (vi) Compatibility with nearby sites and their uses. For this purpose, the administrative official shall consider any special yard depths applicable to a "rotated corner building site" (see Table 7A-2). (3) For sites with a SFR(as defined in Sec. 6-19) use (including undeveloped property in an SFR district or the GR-1 or GR-2 District): (i) If one street line is substantially shorter than all others, it is the front street line; (ii) Otherwise, the front street line is the line that is most compatible with nearby sites and their uses. (4) For sites without a SFR use bordering a major thoroughfare: (i) The front street line would ordinarily be the common boundary with the major thoroughfare; (ii) If all boundary streets are major thoroughfares, the front street line is the common boundary with the thoroughfare with the longest frontage; (iii) Otherwise, the front street line is the line that is most compatible with nearby sites and their uses. (5) For other sites without a SFR use: (i) If one street line is substantially longer than the others, it is the front street line; (ii) Otherwise, the front street line is the line that is most compatible with nearby sites and their uses. Line, rear property. The boundary of a building site most nearly opposite the front street line. The administrative official shall designate the rear property line of irregularly shaped building sites, and the line so designated need not be straight. Line, side property(or "SPL"). Each boundary of a building site, except the front street line, the rear property line and any side street lines. Line, side street. Each common boundary between a building site and a street area, except the front street line. Living space. Any living room, bedroom, dining room, study, kitchen or other living activity space. A bathroom, foyer, hallway, stairway or other utility space shall not be considered living space. Low-impact motor court(or"LIMC')is a vehicle parking and maneuvering area in a QMDS that meets all these criteria: (1) One Curb Cut. Only one curb cut per 50 feet of frontage, a maximum of 12 feet wide (measured at the narrow point of the apron). (2) On-Street Spaces. In GR-1 or GR-2, leave at least two 18-foot curb spaces per 50 feet of frontage. (3) Landscaped Buffer Strips. Must include strips five feet deep along street areas, and 18 inches deep on sides. It must be landscaped with evergreen hedges or shrubs. (4) Street Trees. At least one per 24 feet of street frontage (round down). (5) Pervious Pavement. It must be used throughout. Note—Where a LIMC as defined in Section 2-102 is allowed, internal access garages are not required; see the definition of QMDS in this section. Major thoroughfare. Bissonnet Street, Kirby Drive or Bellaire (West Holcombe) Boulevard. Mirrored glass. Glass with a reflectance greater than 20 percent. Multiple utility service. Utility service provided to a person (or group of persons) on a given building site who is different from another person (or group of persons)to whom the same service is provided on the same building site. 1987 effective date. October 24, 1987,which was the effective date of the 1987 comprehensive revision. Night assembly use means a use of a building or structure, or a portion thereof, which meets all three of these criteria: (i) it is nonresidential, (ii) it is operated between midnight and 6:00 a.m. four times or more in any 12-month period, and (iii) it involves the gathering of at least 25 people four times or more in any 12- month period. Non-residential use. Any use other than a residential use. Occupancy.The use or intended use of a particular area of land or a particular building or structure, or portion thereof, by proprietors or tenants. Office use, light, means offices for conducting real estate, insurance and other similar businesses and the offices of the architectural, clerical, engineering, legal, dental, medical and other established and recognized professions, in which only such personnel are employed as are customarily required for the practice of such business or profession. Old stock housing. One or more buildings on a SFD site meeting all the following criteria, at any given time: (i)the principal building was built before 1980, and (ii)the gross floor area of all buildings on the site (at any given time) does not exceed the greater of 3,400 square feet or 200 percent of the gross floor area of all the buildings on the site when the principal building was built. Open area.Area unoccupied by any structure and open and unobstructed to the sky, except by natural plants or trees, and except for projections specifically permitted by the Projections Schedule (see Tables 7A- 7, 7B-7, 7C-7, 7D-7)to the extent therein provided. Park,playground or community center(public).A park, playground or community center owned or operated by a governmental entity having the power of eminent domain. Parking area. An outdoor area designated or improved to store motor vehicles. The term includes parking "pads." PDD.A planned development district. (See Articles 3 and 9). Person. A natural person, partnership, corporation, sole proprietorship, representative, governmental entity, unincorporated business association or any other entity. • Pervious area. An area which: (1) is natural ground or landscaped area that receives rainwater and allows it to pass through or be absorbed, thus preventing excess water flow away from the area, or(2) is specifically designated as pervious area in the Projections Schedule. Pervious pavement includes both: (1) specially-manufactured pavement blocks or grids that have holes filled with pervious material, and (2) stones, bricks or pavers laid with intervening gaps filled with pervious materials. Pervious pavement must have a pervious base. Place of worship. Those spaces designed and used for actual worship by a recognized and organized religious group, having an ordained minister, priest, rabbi, or similar religious leader, including parking areas and necessary supporting facilities, but not including non-worship spaces such as residences, dormitories, schools, child care facilities or physical fitness facilities. PNC. A prior nonconformity. See Article 12. Porch.A roofed structure, open at the sides to the extent required by Tables 7A-7, 7B-7, 7C-7, 7D-7, note 1.2, projecting from the face of a principal building and used to protect the structure's entrance. Practice enclosure. A practice enclosure is a permanent or semi-permanent outdoor space that is generally enclosed on all sides by netting, and which is utilized for the practice of a sports activity(e.g., batting practice, golf, etc.)which is not otherwise prohibited by law or local ordinance. Principal building.The building on a building site housing the principal use. PWSF or "Personal wireless service facility."A facility for the provision of personal wireless services as defined by the Telecommunications Act of 1996. See 47 U.S.C. § 332. PWSF Use. A use that includes one or more PWSFs. Qualified Medium Density Subdivision (or "QMDS")means a subdivision established by plat or replat that meets all the following criteria: (1) Certain Districts. The area lies within one or more of these Districts:TH, GR-1, GR-2, PDD-TH1, PDD-TH2, PDD-TH4, PDD-TH5 or PDD-TH7. (2) Internal Access Garages. It designates internal access garages for at least 80% of the lots in the subdivision with sufficient driveways, alleys, curb cuts and maneuvering areas to serve them. "Internal access garage" means an enclosed garage with a door that: (i) does not face the front street line of its lot, unless it is 40 feet or more from that line, and (ii)does not face a side street line of its lot, unless it is 20 feet or more from that line. Exception: For subdivision of an old building site (existing before October 24, 1987)with a width of 61 feet or less, there may be a low-impact motor court instead of internal-access garages. (3) Yards. It must designate all required yards, front, side and rear. (Notes:Yards are required only around the perimeter of the subdivision, not internally. However, easements, open areas and other restricted areas may be required internally; see below.Yards designated by QMDS plat control over general yard definitions elsewhere.) (4) Access, Parking, Environmental Issues. Vehicular access, driveways, maneuvering areas, streets and alleys (public or private), easements, curb cuts, parking spaces, building lines, open areas and pervious areas may be identified and restricted by the plat so that, in the judgment of the Z&PC: (i) any impact on adjacent properties or neighborhoods is minimized, (ii) routine, emergency and utility access are adequate, (iii) environmental effects (including runoff, tree impacts, bulk, light, air, etc.)are mitigated. The plat may require such areas to be larger than otherwise required by this ordinance. The Z&PC may require dedication of a public street area or alley. (5) Maintenance, Repair, Etc. It incorporates a permanent method for maintenance, repair, insurance and reconstruction of: (i) private streets, driveways and common areas, (ii) external features of attached dwelling units, (iii) common walls, and (iv) other common structures. The method must be either a homeowner's association with full authority to perform these functions and assess the cost to the owners, or a substantially-equivalent method approved by the Z&PC. (6) Easements. It includes any necessary easements for access to common areas or structures and for maintenance, repair or reconstruction of non-common structures. (7) Building Lines. It includes building lines approved by the Z&PC based upon the specific characteristics of the site and adjoining areas. Building lines may be deeper(or greater)than the otherwise-applicable yard areas.Areas between a building line and the street are designated and regulated as yards(front, side, etc.). (8) Title Block; Restrictions. The title block designates it a "qualified medium-density subdivision" and incorporates the applicable provisions of the Zoning Ordinance and Chapter 74. It must recite that all restrictions on the plat or incorporated into the plat shall "run with the land" and shall be independently enforceable by any person or entity having an interest in property included in the plat(which may include the City)and by any homeowner's association that may be created.Any such enforcement by the City is an additional, alternative remedy for the City. Reside. To live or to intend to live at a place either indefinitely or longer than 42 days. Residential district includes all SF, TH and GR districts and all portions of a PDD designated primarily for residential purposes. Residential purposes(or uses). Ordinary domestic purposes (or uses), not involving any business, commercial, industrial or institutional activity, whether carried on for profit or not. Providing any good or service, or offering to provide it, on or from any premises to or for anyone who does not reside on the same premises in exchange for any money or thing of value, whether demanded or accepted, is a business activity. However, in any proceeding where the presence of a business activity under this ordinance is an issue, it shall be an affirmative defense that the alleged business activity was only an incidental sale or was part of a home occupation, but such an affirmative defense shall not apply to any alleged violation of another ordinance of the City unless the other ordinance so provides. Residential street. Any street, other than a major thoroughfare, abutting a given building site where, within 200 feet in either direction along both sides of the street(measured from the side property lines of the given building site), 51 percent or more of the property fronting on either side of the street is within a residential district. Residential worker. A person who is employed to perform residential services at least 25 hours per week at the same premises where the person resides. Residential services are personal services which are performed for someone who also resides on the premises and which are purely residential in nature (and not income-producing)such as cooking, cleaning, attending children or handicapped persons or maintaining the grounds. Roadway means that portion of a street area improved, designed or ordinarily used for vehicular traffic (excluding private driveways). Rotated corner building site or lot means a corner building site in the Rotated Corner Overlay District(the "RCOD")which has been "rotated" from one street to the other, such that it has a front street line lying along a street that is different from the street along which the front street line of the original corner lot would lie. The original corner lot is the single subdivided lot on the same corner, as created by the plan recorded in Volume 444, Page 563 of the Deed Records of Harris County, Texas, entitled "Map Showing West University Place, a Part of the A.C. Reynolds Survey, Harris County, Texas." In the RCOD, most rotated corner building sites will be oriented north-south because most of the original corner lots were oriented east-west(except for lots along University Boulevard or Cason Street). ORIGINAL STREET FRONT Øiiii' FRONT L I E w N co STREET Illustration 2-102c ROTATED CORNER BUILDING SITE School. Facilities for educational and/or classroom purposes offering an academic curriculum that is generally equivalent to public primary, middle school, or high school levels. This includes, but is not limited to, study and tutorial centers, child care and limited child care centers, and vocation and trade programs that might be incidental to the operation of such schools. School(public).A school owned by a governmental entity having the power of eminent domain. Setback See "yard" definitions. SF District.This term refers collectively to the SF District, PDD-SFI, and PDD-SF2 and each of them. Shopping center. A building or group of buildings on a single building site containing three or more commercial units, each with a separate entrance to the outdoors. Single-family(attached)use(or "SFA").A use of a building site which meets all of the following criteria: (1) Each dwelling unit is located on a plot of ground to which the occupants of the unit have exclusive access, from the ground to the sky. (2) No dwelling unit has any entrance or exit connecting to another dwelling unit. (3) No dwelling unit shares any interior hall or interior passageway with any other dwelling unit. (4) No more than one family resides in any dwelling unit. (5) The entire plot of building site is used exclusively for residential purposes(although, as provided in the definition of"residential purposes," an affirmative defense is available for a home occupation and an incidental sale). Single-family(detached)use(or "SFD').A use of a building site which meets all of the following criteria: (1) There is no more than one dwelling unit, and one accessory quarters. Other lawful accessory uses are permitted on the building site. (But see, Table 7A-4b). (2) There is no multiple utility service on the building site. (3) There is no physical connection between any building on the building site and any other building on another building site. (4) One family, plus up to two residential workers, reside upon the building site. (5) If the family includes a person not related to each of the others within four degrees of consanguinity or affinity, the unrelated person resides in the principal building with at least one of the others. (6) The entire building site is used exclusively for residential purposes(although, as provided in the definition of"residential purposes," an affirmative defense is available for a home occupation and an incidental sale). Special exception. See Article 11 and Chapter 211 of the Texas Local Government Code. Special screen. An opaque fence or wall designed, constructed and maintained to reduce risks of fire, unsanitary conditions and vandalism and to prevent the viewing of a loading dock or waste storage area, or any associated equipment, from any street area or from any other building site within a residential district. Buildings or other structures and gates may be incorporated into special screens. Sport court. A sport court means any outdoor improved area (not including parking areas, driveways, or pools) designed for athletic or recreational purposes, including but not limited to tennis, basketball, handball, pickleball,volleyball, and racquetball courts. Standard base/eve/The standard base level is the average elevation of two points: the tops of the curb where the side lines of a site, if extended, would intersect the curb (but if there is no curb at either point, or if there is no curb at all, the intersections of the extended side lines with the paved crown of the street are used instead of the tops of the curb). Exception: If sufficient data are available, the Building Official shall designate a substitute standard base level for a site, which shall apply from and after the date of designation, as follows: (1) The substitute standard base level is the average elevation of eight points, all at ground level on the boundaries of the site, as follows: (i)four of the points are the exact corners of the site, and (ii) each of the remaining four points is the exact midpoint of one of the boundaries of the site (e.g., side street line), but(iii) if the site is irregularly shaped, or if one or more of the points cannot be measured accurately,the Building Official shall designate the eight points, using as many corners as practicable and spacing the remaining points as equally as practicable along the boundaries of the site. (2) The elevations of the eight points must be established by an acceptable topological survey submitted to the Building Official. (3) Topological surveys, to be acceptable, must meet standards set by the Building Official (including the form of the drawing and certificate), but no such survey is acceptable if three or more of the points surveyed have been disturbed by filling, demolition, construction or similar activity within the five-year period preceding the date of the survey. SPL. See "Line, side property." Story. The portion of a building between successive floors of such building or from the top floor to the roof. Story, half In the case of a two-and-one-half-story building, a third-floor level with a framed area that does not exceed 50% of the framed area of either the first or second-floor level (whichever is smaller). Street area. All of the area within the right-of-way lines (or boundaries) of a highway, alley, street, avenue or public place or square, bridge, viaduct, underpass, overpass, tunnel or causeway dedicated or devoted to public use. Structure. Anything made by humans which: (i) is not readily portable; (ii) is usually left in one location for an indefinite period of time; or(iii) requires either permanent or fixed location on or in the ground or attachment to something having a permanent or fixed location on or in the ground for its use. Examples of structures, which do not limit this definition, are: sculptures; lampposts; sidewalks; driveways; playground equipment and facilities; buildings; flagpoles; antennas and pools. A canopy or similar object designed or used to shelter a motor vehicle, a boat or similarly-sized items is deemed to be a structure if it remains in substantially the same place for more than ten days, regardless of whether it is readily portable, frequently moved or unattached. Structural alteration. Any change in a supporting member of a structure, such as a bearing wall, column, beam or girder. Subdivided lot. A lot or parcel which was: (i) created or designated by plan, plat or replat approved by the appropriate City body as required by the Texas Local Government Code or previously applicable state law, including Texas Revised Civil Statutes Annotated art. 974a; or(ii) in existence as a separately owned and separately described lot or parcel continuously since September 12, 1983. Swimming pool.Any constructed pool for swimming or bathing over 24 inches in depth or with a surface area exceeding 200 square feet. This term includes "spas" and "hot tubs." Through building site or lot; "rear through building site" or "lot" means a building site other than a corner building site with frontage on more than one street other than an alley. STREET 6 m CORNER BUILDING SITE z THROUGH BUILDING SITE INTERIOR BUILDING SITE :n INTERIOR BUILDING SITE INTERIOR BUILDING SITE THROUGH BUILDING SITE CORNER BUILDING SITE CORNER BUILDING SITE STREET Illustration 2-102a THROUGH BUILDING SITES Unenclosed. Unenclosed,when referring to porch space or building space, means the space is not "enclosed" as defined above. Use.The term includes any use of property and any activity upon or relating to property. Utility or service use. A use, other than PWSF use, reasonably necessary to provide any utility service to sites in the City.This use also includes production, processing, through-transmission or central facilities primarily used to provide utility or communication service to areas outside the City, only if the facilities meet all these criteria: (i)the facilities and all their uses are specifically identified and authorized by a franchise ordinance or other special permission issued by the City, and (ii)they are located underground in street or public easement areas, unless specifically authorized to be located elsewhere by such a franchise ordinance or special permission. Utility service.Any water, sewer, garbage, electric, lighting, gas, telephone, cable television or other similar service provided by the City, a public utility, a franchisee of the City or governmental entity serving the City. Variance. See Article 11 and Chapter 211 of the Texas Local Government Code. Visibility triangle.This term includes both "driveway visibility triangle" and "street visibility triangle" as defined in Chapter 82 of the Code of Ordinances. Waste storage area. Any area designed or used to store garbage, trash or other wastes, except for those areas in an SF District which serve one or two dwelling units. Width. In the case of a building site, the length of the front street line. For purposes of determining compliance with the minimum dimensions of a building site (only), the building official may accept the nominal width of a building site as shown on the current recorded plat in lieu of the actual measured width, when: (i) both dimensions are obviously intended to describe the same site, and they do not differ by more than six inches, or(ii)the ZBA has issued a special exception, based upon a finding that both dimensions are intended to describe the same site and are approximately the same. 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. 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." I STRE1Ef I i I I 7 � „ v, r y J pi rl/I ,i; �I/ I BUILDABLE IL% X�) ✓� VV,iBUILDABLE BUILDABLE 'G/•1 BUILDABLE 1�/)/1 /( }'}•C' •'' yy '•• O / AREA ��I AREA /X"I AREA f 1n g.° 'n �'�^,•3:•,�',^❖.,sY J If�rl v�ii '/r%//%%/ w tiott ," i "MOW//1 BUILDABLE ling'. BUILDABLE •• '•'••• •w ) AREA g AREA 0 i' BUILDABLE /I BUILDABLE lJ BUILDABLE %,�' A. '1, i AREA // AREA /i1 AREA / L/ t fir. V ---- Mai 1 �r/ �'f''''4i BUILDABLE I it /,iR kSii AREA I I I kitig I, C- 1 I 1 1 1 r,.I I ./// ////4 STREET -------- SETBACK LINE ---—--- PROPERTY LINE ----_--- FRONT YARD-VARIES BUILDING SITE DEPTH 110'OR LESS=20'SETBACK BUILDING SITE DEPTH OVER 110'T0125'=25 SETBACK BUILDING SITE DEPTH OVER 125'=30'SETBACK SIDE YARD-VARIES 101%OF BUILDING SITE WIDTH Y+yM BACKYARD-20 FEET 4:$: assia::::1:44 Illustration 2-102d YARDS(SETBACKS) Youth athletic facility. A facility that provides athletic training or athletic facilities for more than 12 children under 16 years of age, where such children are not related by blood, marriage or adoption to the owner or operator of the facility, on a typical operating day, regardless of whether the facility is operated for a profit or charges for the services it offers. ZBA.The Zoning Board of Adjustment. Z&PC. The Zoning& Planning Commission. Zoning District Map. The map adopted on March 12, 2001 simultaneously with the comprehensive amendment of this ordinance, as said map may be amended, from time to time. (Ord. No. 1770, 7-26-2004; Ord. No. 1819, 11-28-2005; Ord. No. 1820, 11-28-2005; Ord. No. 1798, § 1(ex. A), 5-23-2005; Ord. No. 1799, § 1(ex. A), 5-23-2005; Ord. No. 1802, § 1(ex. A), 5-23-2005; Ord. No. 1872, § 1(ex. A), 4-28-2008; Ord. No. 1873, § 1(ex. A), 4-28-2008; Ord. No. 1925, § 1(ex. A), 8-9-2010; Ord. No. 1939, § 1(ex.A), 1 2-28-2011; Ord. No. 1978, § 1(Exh. A), 5-20-2013; Ord. No. 1979, § 1(Exh. A), 5-20-2013; Ord. No. 2005, § 1(Exh. A), 3-9-2015; Ord. No. 2030, § 1(Att.A), 2-27-2017; Ord. No. 2081, § 1(Exh. A), 9-23-2019; Ord. No. 3051, § 2, 5-22-2023; Ord. No. 3066, § 2, 4-22-2024) Section 8-110. - Frontage and side yard. (a) Special Exceptions. The ZBA may issue a special exception to change the front street line of a building site from one street to another, if it finds that the change will not unduly alter the character of the immediate neighborhood and will not unreasonably interfere with sight lines or other safety factors. (b) Minimum Street Side Yard. In connection with any such special exception, the ZBA shall prescribe a special width for the street side yard, which shall control over the general yard width requirement. The minimum width the ZBA may prescribe is determined by the width of the building site measured along the new front street line (formerly the side street line), as follows: Width of Building Site Minimum Street Side Yard Less than 60 feet 10 feet 60 feet or more, but less than 70 feet 115 feet 70 feet or more, but less than 80 feet 0 feet 80 feet or more The same setback distance which would be required if the side street line were the front street line (i.e., front yard depth). Section 12-103. - Losing PNC Status. (a) New principal building. If, after the 1987 effective date, a new principal building is constructed on a building site, PNC status is lost for all PNC items relating to the building site. Exceptions: (i)this does not apply to those principal buildings treated the same as structures constructed prior to a given effective date (see above); (ii) PNC status with respect to a building site dimension is not lost. (b) Conformance is achieved;discontinuation. If a PNC item is changed to conform to this ordinance for an indefinite period or for 180 days or more, PNC status is lost for that item. If a use of property is discontinued for 180 days or more (exclusive of time when actual construction work prevents the use), the use loses PNC status. (c) Loss to casualty, etc. If 51% or more of the replacement cost of a structure is lost to casualty, eminent domain, involuntary demolition or other similar cause,the structure loses PNC status. Exceptions: This does not apply to a building used for SFR purposes, except as to non-compliance with framed area regulations (i.e., in case of such a 51% or greater loss, PNC status for non-compliance with framed area regulations is lost). For this purpose, "replacement cost" is determined by standard cost levels for similar structures as most recently published by the International Code Council or similar agency. See, e.g., the ICC Internet publication of"Building Valuation Data," which provides average construction costs per square foot, by type of construction and occupancy group, with factors to modify those costs for the Houston area. The ZBA may issue a special exception to allow such a structure to be rebuilt and retain PNC status, if the ZBA finds: (i) rebuilding is necessary to avoid substantial economic waste and economic hardship, and (ii)there will be no substantial adverse effects of the rebuilt structure. The ZBA may issue a special exception to allow a structure in the TCC district,which predated adoption of the TCC district, to be rebuilt with a square footage that is substantially the same as existed at the time of loss to casualty, etc. The TCC district and its associated standards are intended, in part, to transform the physical form and character of the Town Center commercial area from its current auto-oriented nature to a design that is more safe, convenient and appealing for pedestrians and cyclists, as well as automobiles. It is recognized that this transformation will likely occur incrementally over time through new construction or rebuilding of existing structures following a loss to casualty, etc. Therefore, in evaluating special exception requests under this section, the ZBA shall generally aim to uphold the TCC district intent by requiring compliance with all other district standards. However, the ZBA may determine that some relief is warranted due to the circumstances of a particular building site, such as the impracticality of providing vehicular access to a rear parking area in the event that on-site parking along the Edloe Street frontage was to be relocated to the rear. In such cases the ZBA may apply an alternative level of compliance for the following TCC standards that is less than full compliance but also may be more restrictive than the condition that existed at the time of loss to casualty, etc.: (1) Front, side and rear yards (setbacks). (2) Location of the principal building on the site relative to the front or rear property lines. (3) Off-street parking. Otherwise, such a structure loses PNC status and may be replaced only by a new structure that conforms to applicable TCC standards at the time of the new construction. (d) Violation of special conditions. If a PNC item was specially authorized by a zoning ordinance of the City or by a special exception, variance, permit or other authorization, and if the terms or conditions of the authorization are violated, the item loses PNC status. (e) Degree of nonconformity increased. A PNC item loses PNC status to the extent that the degree of nonconformity is increased (or to the extent that the non-conforming area is expanded). Exceptions: (1) This provision does not apply to the initial work on those structures treated the same as structures in existence on a given effective date pursuant to the provisions of this Article (i.e., "work under construction" and "other committed work"). (2) If a principal building in a SF District acquired PNC status on an effective date because of a non-conformity with a new side setback or side yard requirement on one side of the building site, the building does not lose its PNC status with respect to that specific nonconformity(on that same side of the building site) if the nonconformity is expanded or increased as a result of a remodeling project and the gross floor area of the principal building has not increased to 200 percent or more of its gross floor area on the given effective date. A principal building so remodeled has the same PNC status as the original building with respect to the side setback or yard requirement on the same side of the building site where the original nonconformity was located, but this does not apply to any new nonconformity(on the other side or elsewhere). (3) If the PNC item is a shortage in off-street parking spaces serving a building, PNC status is not lost by a change in the building if the increase in the number of required spaces resulting from the change is provided, on an incremental basis. (f) Garages. If the PNC item is non-compliance with garage regulations, PNC status is lost if: (i)an existing garage is removed, destroyed or converted to a non-garage use, or(ii) space is added to the principal building so that its gross floor area is increased to 200 percent or more of its gross floor area on the 1987 effective date. (g) Driveways. If the PNC item is noncompliance with driveway regulations in an SF district, PNC status is lost if: (1) A new driveway is constructed; (2) An existing driveway is either replaced or expanded; or (3) Space is added to the principal building so that its gross floor area is increased to 200 percent or more of its gross floor area on the 1987 effective date. This subsection does not apply to noncompliance with minimum dimensions for a driveway(or maneuvering area) on a site with SFD use only. (h) Building site dimensions. If the PNC item is non-compliance with one or more of the required minimum dimensions of building sites (Example: minimum dimensions of 75 by 105 feet in the Old Building Site Overlay District), PNC status is not lost as to any dimension unless it is brought into compliance. Any such non-compliant building sites may be improved by any construction, reconstruction, expansion or other project otherwise lawful. (i) Passage of Time. The following PNC items lose PNC status upon the expiration of the time periods indicated: PNC Item Time Period Special Conditions Use of a building site in an SF en years from the 1987 District for business activities effective date Presence of more dwelling en years from the 1987 PNC status for space which units than allowed in an SF effective date qualifies as conforming District. accessory quarters is not necessarily lost. Use of a building site by more Ten years from the 1987 han one family in violation of effective date SF District use regulations Outdoor lighting in violation of Time period ending on August Article 8 31, 2004 Lack of special screens in 160 months following the 1987 iolation of Article 8 (waste effective date storage or loading) Non-compliance with pervious Ten years following the 1987 area requirement in the C effective date District. Non-conformance with building Time period ending on October regulations by a canopy or 1, 2008 similar object designed or used o shelter a motor vehicle, a boat or similarly-sized items. Use of a building site, or any Time period ending on May 31, portion thereof, as a school 2022 without a special exception as granted by the ZBA. (j) Change in use.A nonconforming commercial use loses PNC status if changed to any other commercial use. (Ord. No. 1770, 7-26-2004; Ord. No. 1873, § 1(ex.A), 4-28-2008; Ord. No. 1879, § 1(ex.A), 8-25-2008; Ord. No. 1939, § 1(ex. A), 2-28-2011; Ord. No. 2029, § 1(Att. A), 2-27-2017; Ord. No. 2030, § 1(Att. A), 2-27-2017; Ord. No. 3066, § 12, 4-22-2024) Sec. 18-200. - Maximum height limits and bottom barriers. (a) Eight-foot limit. No fence higher than eight feet may be constructed, improved or structurally altered on any private property. (b) Six-foot limit. No fence higher than six feet may be constructed: (1) Closer than six feet from a wall of an existing principal building used as a single-family residence on any adjacent building site, if the proximity of the fence to the building would significantly and adversely affect the beneficial circulation of air around or through the building or the beneficial exposure of the building to direct or reflected sunlight.To make these determinations, the building official shall take into account the type and design of the fence and the following(if existing or proposed in the immediate vicinity of the fence): trees, other plants and other buildings and structures. (2) Between buildings on separate building sites where the eaves are less than two feet apart. (c) Height measurement. Fence height shall be measured along the fence line I of the property address for which the fence permit was issued. (d) Gate height.A gate may be no taller than may a fence at the same location, except that a gate which is not more than 40 percent opaque may extend to a height not greater than 12 inches above the maximum height of a fence at the same location. (e) Bottom barrier. Fences shall be constructed with a pressure treated rot board with a minimum nominal size of two by ten inches or other appropriate barrier approved by the building official at the base of the fence. (Code 2003, § 6.581; Ord. No. 2053, § 1, 5-21-2018) Editor's note— Ord. No. 2053, § 1, adopted May 21, 2018, amended § 18-200 to read as set out herein. Previously§ 18-200 was titled "Maximum height limits." Sec. 18-202. - Prohibition in front or side. (a) Prohibition. No fence may be constructed, improved or structurally altered on the front yard (setback) of any building site. Exceptions: this restriction does not apply to low retaining walls, institutional security fences, fences owned by any governmental entity or fences or walls specifically required or allowed to be located in the front yard (setback) of a building site by this Code or the zoning ordinance. (1) Reserved. (2) Low retaining wall means a wall designed and used to hold earth or similar material in place, no part of which extends higher than the highest naturally occurring part of the ground in the front portion of the building site and no part of which is located outside of the building site. (3) Institutional security fence means a fence which meets all of the following criteria: a. The fence is located on a building site where there is a building or group of buildings specially constructed and used as an actual place of religious worship (including schools, parking lots, parsonages and other accessory buildings); b. The fence is located along or generally parallel to a major thoroughfare, and only along side streets to the extent necessary to connect the main portion of the fence to side fences, rear fences or buildings; and c. The fence is no more than 50 percent opaque. (4) Major thoroughfare means Kirby Drive, Bissonnet Street or Bellaire(West Holcombe) Boulevard. (b) Rotated corner lots. This subsection only applies to a corner lot carved out of a larger corner site originally established by the first plat or map of the subdivision in question, where the front street line of the corner lot is on a different street from the street where the larger corner site had its front street line. On such a corner lot, 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 set back from the side street by at least one of the following two distances: (1) 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 (2) A distance equal to the depth of the side setback area of the corner lot, measured from the side street. If the BSC 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 qualified and serving. Under no circumstances, with or without a variance, is a fence allowed within five feet of the side street line. (c) Street visibility at a major thoroughfare.This subsection only applies to a corner lot adjacent to a major thoroughfare or roadway marked for four lanes or more.Any fence constructed, improved or structurally altered on any such lot shall require prior approval from the building official and/or a traffic study submitted by a licensed traffic engineer. Visibility will be determined in accordance with the guidelines of the American Association of State Highway Transportation Officials (AASHTO). The standard is a 15-foot curb setback from the major thoroughfare for the assumed eye of the approaching driver. The building official may reduce this setback to a minimum of ten feet if there is a natural obstruction. (Code 2003, § 6.583; Ord. No. 1979, § 1(Exh. A), 5-20-2013; Ord. No. 2001, § 1(App.A), 2-9-2015) Sec. 74-71. - Building permit. (a) Final plat required. No building, repair, plumbing or electrical permit shall be issued by the city for any building or structure on a lot or tract unless a final plat has been approved pursuant to the provisions of this chapter and filed for record with the city and the county clerk. (b) Completion of construction improvements required.The building official may not authorize the issuance of permits for buildings in the subdivision until all improvements are completed in accordance with the requirements of section 74-30, construction improvements. (c) Completion of site development plan and drainage plan.The building official may not authorize the issuance of permits for buildings until all required site development plans (see section 18-54, surveys; site plans) and drainage plans (see section 18-56, site drainage; drainage plans) have been fully submitted and approved by the building official. (d) Building official responsibilities.The building official shall be responsible for the issuance of all building permits. See chapter 18, buildings and development. (Ord. No. 2091, App_A, 2-24-2020) PERMIT APPEAL — BOARD MEMBER REFERENCE SHEET Sherry Harber 16719 Annapolis St. (North Half Lots 11 & 12) I BSC Hearing, April 2, 2026 THE CORE ISSUE Every house the entire length of Werlein Street The permitted build setback is only 6'3" from has a 20-foot setback from Werlein. Werlein — 14 feet closer than every other house on the street. The staff recommendation to deny this appeal cites no code provision authorizing the permit. Its entire basis for denial is a 65-year history of the street address. Article 2 defines every criterion for front street line determination. Street address does not appear among them. Not once. FIVE INDEPENDENT GROUN IS TO REVOKE PERMIT — Any One Requires Revocation GROUND 1: Recorded Subdivision Map Legally Controls Frontage (Vol. 452, Pg. 449) KEY FACT: Lot 12 is an interior lot that only abuts Sequential lot numbering runs along Werlein— Werlein and never touched Annapol.-. The consistent with surveying standards for front combined building site has only one legally street orientation. The subdivision plating recognized street frontage on the original recorded pattern is consistent with corner lots facing their subdivision map: Werlein. inside street. No corner lots face Annapolis. No plat, replat, amendment, variance, or ZBA special exception has ever changed that frontage. The permit was issued based on an administrative street address — not the legally recorded subdivision map. A street address is used for mail and emergency services. It cannot legally change street frontage. GROUND 2: § 74-71(a) — No Building Permit Without a Final Plat § 74-71(a): No building permit shall be issued unless a final plat has been approved and recorded. In this case a replat with the lots combined and Annapolis frontage. No such replat exists. § 74-10(2): The public works director is NOT authorized to approve any plat or replat that changes the front street line of a corner site from one street to the other, or that reduces or adversely affects any front yard or side yard. If even a formal replat process cannot legally change this frontage— and the code expressly says it cannot— then administrative discretion certainly should not either. Permit is invalid. GROUND 3: § 12-103(a)I(e) — All PNC Status Terminated Upon Voluntary Demolition The prior house was nonconforming when Upon demolition, PNC status was terminated: built on THREE independent grounds: § 12-103(a): New construction loses ALL PNC • Violated the recorded subdivision map— status. Exception preserves only building site faced the side lot line dimensions — area, width, depth. Orientation • Violated the 1937 zoning ordinance's 20-foot is not a dimension. setback § 12-103(e): PNC status independently lost— • Violated Belle Court deed restrictions new build (5,300 sq ft) is 4x larger than requiring min. $2,500 construction. The 1940 demolished house (1,300 sq ft), massively permit (city's own exhibit) shows cost of only increasing the degree of nonconformity. $346 The prior nonconforming Annapolis The 1940 house is not a legitimate historical orientation was TERMINATED UPON precedent. It is the original mistake— now being DEMOLITION. repeated at 4x the scale. GROUND 4: § 8-110(b) — Setback Violation Under EITHER Frontage Designation IF Werlein is front (per Vol. 452 plat map): IF Annapolis is front (per staff report): 20-foot front yard setback applies to Werlein. Werlein becomes the street side yard and a Permitted distance: 6'3" 15-foot side yard setback applies to Werlein. Violation: 13'9" —catastrophic. Violation: 8'9" —extreme. This violation exists regardless of which street is designated front. Permit is invalid under either interpretation. GROUND 5: § 18-202(b) — Fence Code Confirms Werlein Front & Creates Illogical Loop § 18-202(b) defines a rotated corner lot using the first plat or map of the subdivision to determine original frontage—the same Volume 452 map that shows Werlein as front. The city's own fence code and zoning codes use the same plat map criterion to determine original frontage. If the BSC accepts Annapolis as front, Werlein becomes the street side yard. § 18-202(b)(1) then requires any fence along Werlein to be set back at least as far as the adjacent front yard— 20 feet. The permitted build setback is only 6'3" from Werlein —directly in the zone the fence rule is designed to keep open. The city cannot permit a 5,300 sq ft structure inside the exact zone where its own fence rules prohibit even a fence. There is no interpretation of this code under which this permit is valid. RESPONSES TO POTENTIAL INQUIRIES The 1940 permit proves the original house was nonconforming when built—it violated the subdivision map, the zoning ordinance, and the deed restrictions simultaneously. The staff's own exhibit establishes this. It is not a precedent. It is the original mistake the city is now being asked to repeat at four times the scale. 3?Vhat about administrative discretion? Administrative discretion cannot override explicit code text. § 12-103(a) contains no exception for historical development or administrative discretion. If the city intended to allow orientation grandfathering it would have written it into the exception alongside building site dimensions. It did not. Discretion ends where the code begins. isn't this a zoning matter that the BSC should defer to the Z A.s § 74-71(a)'s plat requirement and§ 8-110's minimum setback are building and construction code provisions squarely within this board's jurisdiction. This board need not reach the zoning questions to find the permit invalid on those two grounds alone. § 18-202(b) is also a Chapter 18 provision within this board's jurisdiction. Why were the prior permits issued? Prior administrative errors do not legitimize current ones. The city issued a nonconforming permit in 1940. That does not bind this board to issue another one in 2026 at four times the scale. The pattern shows a persistent administrative failure to apply the subdivision map correctly— which is exactly what this appeal process exists to correct. I respectfully request that this board revoke this permit. It violates the original recorded subdivision map, § 12-103(a), § 74-71(a), § 8-110(b), and § 18-202(b) —five independent grounds, each of which independently requires revocation. The new build will encroach FOURTEEN (14) FEET closer to Werlein than every other house on the street. The staff cannot cite a single code provision authorizing that result. There is no interpretation of the code under which this permit is valid. vbL-yS2- V9 9 ' • 1 2 3 4 M igt .a./ -.'.y 4 4 251 7i£ y 1 z it /0 4" i! a •/ nt-1 eVQ IJ i. 10 1I �I II 11 IIl +11 a ro 1s 9 , .1 72 4 •4eDGC'4Z.f A,'E.v6' t 1.3 1 r ro« .„ I mop Il 44 J �t t; ro , `A, ,g k I t rve®orr J Avns'v• E 2ll IIlIlIli . /i ^z GAMIN 23 °1nuuuni ...n7. ' ,► , /.1 kt 25 luuIIuII21 : r _26 iroeLC/N A✓FNr/E 8 2P.11111111114 z .�01111PP. 29 unn 1 = -' eeeeneee 30 C strertAizzAfer carevas- narwE .31 .32 33 NAP 5,4'O.147NG 34 35 BELLe-—COZAE :if, A Amer op 37 771E A.C..eer/YOLOS SU.evEr 38 AO:Wets t27,rEX. 34 • seeAo. /•=zap' Oeeernbei7/12._ 40 NOwei s"rer • 11 ,42 43 44 `15 48 47 Filed for Recox'd June 7. 19E0 et 4.00 o'clock P.M. Recorded June 10, 1920 at 9.10 o'clock A.Y. r 48 '.1.'a.. w`-1'n Clerk County Court, Berrie County, Texas, By/-j raa•4t,.J Deputy Confidential information may have been redacted from the document in compliance with the Public Information Act. A Certified Copy-Page 2 of 2 °\oF�"ARgif����� Attest:3/26/2026 Teneshia Hudspeth, County Clerk • ... ...A��;`:14°.\ A\ L.t.--1--"1: '...>i'. Harris County,Texas '!!?� nliitpS�` \ CON:245O4 4 01 2 4 5 0440 TC 47 60 IL 47. 10 FL 47.60 xiG4.47./0 tlf-4" PVC 0 1 .03% rLTG 47.40 46.79 IL 47.50 x 47.70 n EXiSTING FENCE ) it 30 LF"' PYC e oci xiG„47.70 f-- C71 V .1;k ix 0 L...s — N. Z .Z‹ 4 P p -""/ • Index of Supporting Documents West U Builders / ARM Annapolis 1 . Photos of Lot and Prior Structure 2. November 2025 Survey of Prior Structure 3. Permitted Site Plan 4. 1923 Deed to John and Anna Aydam 5. 1939 Deed of South 1/2 to AA and Charlotte Carter 6. 1964 Deed of North % to Marjorie Aydam 7. Code of Ordinances — Residential Development Tables • • r a , t. t*v i rce. a.'t m : � i \ '. ,it • L "I wrfe�o-t +kK* '� t4. y}- g d ::.> •_ l �S . `� o .11 , ' ill cB O Clm Q Ca M r C IN k * � , t, 'i' .. Z< W * 3 t" , *:h a �s y lie O fy, - • m - s F \i CD Law 0.. 0 ' ia6m 1.1-ii° ', + ' 1 '4 +y ,'a .,it, a t'�f S j } �Y 3t i r i_5 , .�. i , O ' ', , . ;,9 it v." ; '.�,•.iN F� ,,v t 4 O ♦ ' _ . / a.,,fir ' ' ,' 'fig - ;•- t: ; ? -At, .. . .: . ... , ,.. • at f`' ;�.. C .� }s ..,wa) r •1 ,� liMI , .... ..4 ..„...,...,,,,, ,,, , ! .( --,-... ` it .i ., („ . ,.:/1) .. A• .. .�.,ly,., ti' C -- 1, \� M ''''''+-Z..'It _.fi ''' '- ",, ' 4_,_, • V' tt`,.? t i exN 4:' C.Vill : , .40i; :,.... -,:',1#: v, * .. .91:41,y, r„,...." , , ��` 1 kl s I. wry Y • • b b:u tY, ' ' ,Y` T"^ `? Sip+ � � r .k }. �` tip u was ', i 3' ' a u9 tt4 9 ., ,)ri �1,' 'j as k;r� { '• tit;• y Yt 1_ .f s'``yr < -7; .� i Y• ,.s fiv' ' I j ' �',�t r`��R ��� 4 U �,0,2,4p y', J • 4( ,y lk,..iit, � , k s ,ry • . . •,• 9 .:. • . ..... ,......,,........ , . f AK, ,,,,i Alf ,444it It iSTa.. f.� -"'3! y" *e itJ�:, ,i +„4. tea;y :. ima ,•may # �..,. 4:.t ,i ' {{ v `` • f` > ".-, ":"-s-r‹,,,...ttr---...i.1,23 a ' fir ,�''' i �I { 4 - `fie ��6 2 : Y N ^i .yK. I j .. b., ' N f • r vr, V� e � •�fit. R !ti.^. �v• \„`�\�'=��i�r�•,k y. �.YY, s -�"1 ti � �� U yR .ham Z���,, v e;.; ''} A. � � 4 �rah` �a 91T; �".��-', � a 1 r fx n w* _'i t it,!,,*?, c mil" C� k 'M Y '� � �.•\ '�, r i,a<" l {I :, .OW" c , J �,C° r q'w' ��iP fi'.,fl` t�� �f'. I^Ak�e Q`'1•h`6t'.�A \"1t �' .r A. :,,�'$31Y{{{W�***.(..yyyy 'SI �i +'T, •, • w i C i5' �Y � Y ) . vw�.,��� �� �F '' ik ']t`Ak .if��8N '.4,.,4.t.74-'4!.---i A: n,. ca %+ t„k \,? ;,'-''.441 ba r :, 7 nr 1 F `.wq. G 5 � ! -F¢ SP sv 1 • i *. • -Ys F - 1` R A ez t � "s t +. IS.0 �9 ` ; � �'�;'r •".- C p„ f wti•' 4)Il1r. a ' ' -.' ,' ';4, .. r+fin ,, ....'.... ...5.,44.V.4.',:r,./.: , 0.1. 41.4.7.4404,,,,,IN.:ilS 4' „Ili , , ‘ ...... ,,,,,,,,,„,....,„, r -v w3;. w .n..•.—,• .sew ,y,w,. .,:;t 0 • z t - s. 5 ]ti ,, 'R „ g •r r d N44,.., si... iii.',:z.:,.-„,.."- 1,4.„*„.,,,,!.' - -, .,, ,-„,-,, : .) yam, , , , , \� -,' w tl `_%: f,. fir.. „t art, .. rn t » a t 4r F.ice` ^ .. ` s fe s 4/sre . .6.4. c'✓ s p * 1 + '*fir ,s 1`a' G = Q a cif `° r M �` N t co ..t.': ti'.*".*L t, ca CD f� m CO i j v) 4. jr • • N. ' :, 1 , .. • ,.. ,....., ,. . .. 1....*Of '`.. '': . vili co N Lri 4. VIII -4,;r. as • w \ii , . '. co a) N. 'y X♦,t • '. Oo hw Alit a % 0 �, folio,"`fie• rn # o w o - AVo 0 4. 2 0) N A W N Z . m cn ? 0 a a D n -44 7.- D m eI ° m o 7 •9 = w m N a m Oro s a, W a R- c 2 N m ao o• s c g n, m o E rn , 7 m a D ? .. i N iT r3D -• N V o. p_ V N. 5 o O C _Q I N• 7 = N O N (D l0 N 0 O O 70 N a) r U N O .� (D 'O N CD N ` CD ar y W (P 7 CD C o Nii d Q 7 V (D n V 7 .0 5' N m 0 (D 0 N p = y .3 c0 V (0 a 1 o c O N O m y Q 0 O !D N o sSy „( ? (O 0• O. 7 O N 3 n) N 5 O Y, 0 O o - p a) O n fD N 7 O 4' O .p. 5' p) O O (p V 7 N v a - vo, g o- a m o �, 3 - 7 n) 0 co j 0 Q O 7 rp 7 y 7 y O� p' W .< N 0- fD N 3 ,,, -+ V 0.CD o s N 7 to 7 y N n N . < o m T o 7 o F v PI 7. -mo C _7 N M = X N O O N O 2 o0_ _0 ° w = ` _ 0Q -0 ANNAPOLIS STREET IV Ap tT C. `. ... p -0 0 °< N �' N O rn p m g o. 3- .y- o cD m 81' R.O.W. (Vol. 452, Pg. 498 HCDR) n ^, m 7 c5 m 1 3 C CA 0 t. a -0 (Platted as Annapolis Boulevard) 0, y 0. - O 7 (U -X.-I o 'a. 0. m 0 cD m in m o IU o y 5 o - 0- < -D -t m N• ip m o" N \\ IIIIIIIIIIIII'; 0 o) II ! ! IU H m m U .�o 0 y 7 O o 0 O. D (D n O N ] N W(D O W CD rJ NW W(ap O , pp IU 7 i-.- eh 0 0O W N CD 0 0 N N N 5 N Cr • . /b'4 -I y C < it,-- p a" 7 7 O O (D (0 0_ fD 0 N (D 73 N (n N 7 F 7 A- 7 F I m O fD co (D co co n (D (D 0' r rp r co r • po 0 � a, o .7, m o a o co 7 ' / v p a ° a -, 0 7 `D N 00° 00' 00"W 62.50' 40 0 7 O. a ? n- 0_ 0 x 3 p" 1 ii C N O N 6 j = N `2 I , ' • D' s n+ y N O p ia, 5' W y f 4 q/ y 0 fD 0 `< (a a a. (D i n O C . 6' is m Q o - m e > j m _0. o m R O 0 70. 0- c.• (0 p O 7 r '< Z 0 > � o S i a~ v 20.0 7j i19.3 q • cr 41 0. (D '' 7 (n O_ ? 5' cl tf nm 0 �. 5 o y. 0 m -i p w b .' �: '.-_"hZ. • _ a O -, 0. 3. 0 0 ° x 0 �'<. Front Porch $ Z m ry m a a.m \\\1\\\Y 6.3 0�= - - Per - 8.3 O O m m 7-- o. 3 m a o i--N-- I a B • construction .t t 1 �� 2 = 0 p p 0 (� •�. O ,� I Drawings I rb ll l D nOi v,• 7 cn a O r m = • Z a CD N CO 7 O m 5' LH I r to a3 w ,< 3 c coil .< m $ o FTj ~ S t- c - Z �c m w o Q D o- ED O r Z • m 1 C 0 0 n 0 a m v o v s- Co I Ar �.. I L' •`O " ° 1---1 N y 3 7 "I p° .oA N 0 M (D 4, C • rn ' CD s,1 oC> I 0 �' �--1 H 0 j Q m �' 23 -o.,„ m N 2 " �' O ( t "�L- tv IA so N D- y < m N m a FO No N 1.OT 11 L i LOT I I 0 r 3 co o m m w 0 Q o 0- m N m s?°in LLL o C l �_ m n v rn E. O m N ED N ZT 101 �.o • Z1101 m I m ,}i O in co a (D y N •< n a 5 0 m : C 8 c8 J �8.2 0 5' 0 K b C n11111 ! ! a 5' CD o o - i N S*Jr N (p a 0 I I�Z N a z \\\\\\\n 6.0 AS '' ti -I▪ 7 (o 9 3 o D o o a `< 1.5 C CO CD '0 :(1 O N N m I a� I v, 0 U, 0 n" a) 0 O ;W o (D CD N CD 7 2 a I 18. _ o N w o c.c m No c o N 3. 0 a. -t-JO x _o n n, -- n m *_ y �, " - 694 xi fD 7 • O y N 7 C !T �Oj O co D Z (., m 7 p H o m m `- 4.8 9.91. .n XI (...../il: v, (n u) t 4.6' rn k\\\\t\\t\tt\tt \\\t\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\Y aatiapisaa/J01s-6 .0979 a „00 .00 °00 S • crt co R m _= a m 0 CD -n X ' C v"Ti co= w m c 0 Cl) 1 W cn In - ev o co `; � � � D o c� � o m ~ r r = O 1L.� 6 N' 1, !- m 0� W L W m w ,� J N N u GI A U 0.1 5. Po NNcTm mra 0 yp�V. °' y mZX -: O o • 3. nZ U m m mvo0O m 0 n cn Con ,, i. m m Cl) O� r * a (i1141 ..I N O rn a ` �. 0 0 n j C m O °' I ��•a '•S q k 0 0 °o_ z ai m o ! �;p?� RF���� m c 1 m r , NvD4 :) OD 1r -r -, a p Lri. •-- �• � ti a X r7 LoH e‘ .•:1 t 0 1%••-It- , •� R iv-S., Z i In co IT! -..1/4 v X g C X 1 i . 1 24.X 36" werlein avenue 51PT____________—_ taa RDx ailCi ara MAX CAPH . CONCRETEDBiALK TIE SIDEMA ICS/V ORNS'tAY CARS CUTS MST OE REPLACED PER CITY armrw.E 114E6 NOTED Br TIC DADINS CfPIGAI. 0 , N\ _\ I i '/ V '/ • I d y I — _ _ - N 90 00' 00" E 105.0 _ (2), ;M &R r--- .—,---111 ,..7.,,.. i ---41,: II 1► gi -----I, ' A-2-1 • vj ' i F15 , 1 ` . 1 zi C . �1 I''� �g ii a 1 — o I I ., _ T-\\.\ iAepr dIj 1 cn 4N o ‘ I / 01 1 _Ii• .\\�� SD 4 T j 0Q 'ii ` *1 f lIP '- to O �Y- Wir N Iva iN _-_ q MIN ITdOM--•Ptl� h. �' -_ _ 1 1 ^u, ma CD 11 �a Nil 1 rolaR6 WE/ , 1 \ — 1N CD ' ,_1g._4t-'-A' _\_ ____=_\__I_- 1 1 ._R__L'-,q_i_-jl,_l- w 11111 I .. .N 1 ._1I1F1__LLiNi& 90° 00' 00" W 105.00' 4fb • YltNNN aXo 1110 O frill y� A 4 J c l71 > t7A 7 ° M cD q4 ai ,g a-) (AI-I) 10- '- CD CD CD 3-' 4 1 2 g P CD CL c it � �7 A 0 fV ir IT $ !gi 2 1 � 11111 a_ — � � �o � b p 0 0 b § p 0 n D d CD Tn rn ` REVISIONS A PROJECT FOR: O yA.. ImiT rn iu BY DATE DESCRIPTION West U Builders Rice I Residential ' - „....,,. z Design, L.L.C. ��' \ -N" j"I�`j 1 2 T.R. 05A2.24 FL'JI51011'A•AS NOTED r1lT�1�, ° p Z PROJECT _ 1+ J fD w p HousroN.TX. A t ml II g T.R. 06.25.24 REVISION'Er AS NOTED 6719Annapolis Street rd`i, T;3L.713 984-$604 Nosh 1/2 of Lots 11&12 Block 1 y ® ' Qtiti �so V MM. 10/2R/25 REVISION'G'AS NOTED Belle Court Addition,West University Place D Q www.riceresidentialdesign.eom A MOD RICE rslt • • ,II'P""M".. """.+�!�"''- __._� ........,.u.....,....•y...,.,....,.,e.,,l..y,...,«,.................a..,.�.,..s.n.,....,.•. .,nra..... •.tvr.�,w�yww ,..«.......y 71',ry l land, which I have by virtue of being the legal holder and owner of said note. 2' ' And I hereby bind myself, heirs, executors and administrators that all payments, offsets and S' credits have been allowed on said note and that all such payments, oPYaeta,and credits, if any, 4i appear on said note. 6. Witness my hand at Houston, Harris County, Texas, this the first day of September, A.D., 1925. f; J. R, Wallace. 7 Witnessed.at request of Grantor: W. H. Blades. E. B. Grisoom. S} State of Texas, County of Harris. Before me. the undersigned authority, 91 on this day personally appeared J. R. Wallace, known to me to be the person whose name is sub- -,0, scribed to the foregoing instrument, and the said J.R. Wallace being blind and without sight, 11` requested me to read and explain the foregoing instrument to him, and upon the said being read ' 12, and explained to him by me, ho acknowledged to me that he executed the same for the purposes i.13, • and consideration therein expressed. A , 14 Given under my band and seal of office this the first day of September, A.D„ 1943. I 16 Alan B. Cameron. Notary Public in and for Harris County, Tams. (Seal). ' 16! riled for re ea-Sept_ 5,1923 at 10-30 O'Clock A.M. Recorded Sept 6,1923 at 11-35 O'Clock A.M. .17, (/.1,7/�Q (,jny16,,w/� Clerk County Court Harris County Texas, By i` e y IS: 1� )0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 19' No.126403 • 2 Hells Court Land Company. To. John E. Aydam. et ux. By President. General Warranty Deed. 2; The State of Texas, County of Harris. Know all Men by These President: That The Belle L3. Court Lund Company, a corporation duly existing under the laws of the State of Texas,and having 2,4) its principal offioe and place of business in the City of Houston, Harris County, Texas, acting ; 25) herein by Fred T. Wilson, its President and Ewing Werlein, its Seoretary.of the County of 4126i Harris State of Texas for and in consideration of the sum of Fourteen Hundred Sixty Five 1Zll ($1466.00)Dollars, to us paid and to be paid by John E.Aydam and wife;_ae follows $655,00 cash, .,za( receipt of which is hereby acknowledged...The balance of 010.00 to be paid in one note due 20, on or before January 10. 1926 payments to be made In monthly installments of not less than Ten 80, ($10.00) Dollars each, the first of which installments shall be paid not later than the 28th ;p81 j, day of September, 1923 and one each and every month thereafter until the note is entirely paid. 32, Said note retaining a Vendor's Lien and stipulation for l0%attorneys fees if placed in the '38i hands of an attorney for collection. 'r3,0 The entire note to be fully paid not later than January 10th, 1926. have Granted, Sold and g5: Conveyed, and by these presents do Grant, Sell and Convey, unto the said John E. Aydam and 1 a6 wife.,of the County of Barris State of Texas. all that certain parcel of land known as Tote 11 'I37,' and 12, Block 1:, of the Belle Court Addition to the City of Houston, Harris County, Texas. ',N3 This deed is executed on condition that this property shall never be conveyed to puritan of '139I' either Mexican or African descent, or shall be need for any other than residence purposes. ;e ;I'.402 There is also the additional restrictions that no building for residence purposes shall be I41i erected thereon at a' coat of loos than $2500.00 exuluuive of lots. r42! To have and to hold the above described premises, together with all and singular the rights, .,ig and appurtenances thereto in anywise belonging, unto the said John E. Aydam and wire_ 144i heirs and ensigns forever, and we do hereby bind ourselves, our heirs, exeoutora and administrators i45 to Warrant and Forever Defend, all and singular the said premises unto the said John E. Aydam ./ 46; and wife_.heirs and assigns, against every person whomsoever lawfully claiming or to claim the 474 same or any part thereof. f!48; But it is expressly agreed and stipulated that the Vendor's Lien is retained against the above I I , 11111 • i i 1 ; described property, premises and improvements, until the above described note, and all interest d 1 jv:. thereon, are fully paid according to its face and tenor, effoot and reading when this (feed shall 3 3' become absolute. i ,' 4 Witness our hand_at Houston, this 28th day of August A.D. 1923. 4 • 6'. Belle Court Land Company, By Fred T. Wilson, President. r 6. Attest: Ewing Werlein. Secretary. (5ea1). (Stamps can. $1.60) r 7 The State of Texas, County of Harris. Before me, the undersigned authority, 7 !. 8. a Notary Public, in and for Harris County, Texae,on.this day personally appeared Fred T. Wilson, : 9. President of the Belle Court Land Company known to me to be the person whose,name is subscribed { „1 to the foregoing instrument, and acknowledged to me that he executed the same for the purposes '� .11; and consideration therein expressed, in the capacity therein stated and as.the act and deed ,. :-129 of said Company. 13, Given under my hand and Beal of office this 28th day of August A.D. 1923. 14 Lottie Mae Cox, Notary Public, Harris County,Texas. (Seal). 169 • Filed for eoord 3op)..6_�,923-at-10-30 O'Clock A.M. Recorded Sept 6,1923 at 1-25 O'Clo k y.M. ( 16` //.IA/56i}A/)A IIT'Ij/1./1727 Clerk County Court Berrie County Texas 1� /�c„y� F,7f7 `2 0 Deputy. .17 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 iI 18 No.126404 13: Guardian Trust Company, To. Frank W. Jereb, et ux. By Vice-President. ii) General Warranty Deed, 01 State of Texas, County of Harris. Know A11 Men by These Presents; That the Guardian Trust Company, a corporation duly chartered and existing under the laws of the i. 1 1 '23 State of Texas, with its principal place of business at Houston, Harris County, Texas, for and 24 in consideration of the sum of.Six Hundred Fifty and no/100 ($860.00) Dollars to it paid, yg 251 the receipt of which is hereby acknowledged, by Prank W. Jereb and wife, Lucy A. Jereh has 4 .-1.26• bargained, antod sold and conveyed, and bythese , ga gr , y presents does bargain grant, sell and convey k 1 27'! unto the said Frank W. Jereb and wife, Lucy A. Jereb of the County of Harris and State of y 28 Texas, the following described property, lying and being situated on the north aide of Buffalo ; N 129! Bayou, in the City of Houston, Berrie County, Texas, and being more particularly described as 30 Lot. No. Four (4) in Block No. Eight (8) known as Camp Logan Firet Addition to the City : ;� 8L' of Houston, according to a gist which is recorded in Valuma 527, Page 123, of the ➢sad Reeerds . , 32,.• of Harris County, to which reference is here made. 33 To have and to hold the above described premises, together with all and singular the rights and 34' appurtenances thereto iu anywise belonging unto the said Prank W. and Lucy A. Jereb, their 4 35 , heirs or easii a forever.. And the said Guardian Treat Company, for and in behalf Heineman', of the Heineman Land Company, does hereby bind it-, its successors and assigns, to warrant and r i 1 S i forever defend all and singular the said premises unto the said Prank W. and Lucy A. Jereb, 38 their heirs and aseigne, against every person whomsoever lawfully claiming or to claim the 39: ewes or any part thereof, except as to the taxes for the year 1924, whioh are assumed by the grantee 40 Provided, neverthelees, that the conveyance hereby made in subject to the restrictions, ,i 41: covenants and condition following, that is to say: 1 y 42 (a) The coot of any residence erected on lots facing Weatw tt, Taggart, Singleton and �! 43. Nicholson Avenues shall not be loss than One Thousand sight Hundred ($1,800.00) Dollars, except jR 44 as to the lots fronting on Taggart Avenue in Blocks Eight (8) and Nine (9), on which lots 4 } 0 45. the cost of any residence ereoted shall not be lees than Two Thousand Two Hundred Fifty • 46 ($2,280.00) Dollars; and on lots fronting on Washington, Rodrigo or Moore Avenues the cost of any P 41. residence erected thereon shall be not less than Two Thousand Two Hundred.Fifty ($2,260.00) )r'! H Dollars except that on lots.in Blucks..(12) and Thirteen (13), fronting on Rodrigo Apez, . , ! '' 682 No. 205128 2, John E. Aydam, et ux -To- A. A. Carter, et ux ~~ 3 Deed. 4, The State of Texas, County of Harris. Know all men b these ' y presents: 5 That we, John E. Aydam and wife Anna Aydam, of the County of Harris State of Texas for and in 6, consideration of the sum of One and No/100 ($1.00) Dollars to us in hand paid by A. A. Carter 7 and wife Charlotte Carter, the receipt of which is hereby acknowledged, and the further 8 consideration of the love and affection we bear for the said.A. A. Carter and wife Charlotte , 9 Carter. have granted, sold and conveyed, and by these presents do grant, sell and 10. convey, unto the said A. A. Carter and wife Charlotte Carter, of the County of Harris State of k_ lliV Texas all that certain lot, tract or parcel of land situated 1n Harris County, Texas, to-wit: 12 Being the South one-half of Lots Numbers Eleven (il) and Twelve (12) in Block No. One (1) Belle 13, Court, an addition to the City of Houston, being a subdivision of a part of the A. C. Reynolds 14; Survey in Harris County, Texas, according to the map or plat thereof duly recorded in Vol. 452 451 page 49$, Deed Records Harris County, Texas. To have and to hold the above i 16' described premises, together with all and singular the rights and appurtenances thereto in any- 17 wiee belonging unto the said A. A. Carter end wife Charlotte Carter, and unto their heirs and 18; assigns forever and we do hereby bind ourselves, our heirs, executors and administrators, to -`�~ 191 warrant and forever defend, all and singular the said premises unto the said A. A. Carter and. 20 wife Charlotte Carter and unto their heirs and assigns, against every person whomsoever lawfully. i 1 21 claiming, or to claim the same, or any pert thereof. Witness our hands at Houston, Texas this 22 5th day of April 1939. John E. Aydam, Anna Aydam. 23 The State of Texas, .County of Harris. Before me, the undersigned, a Notary 24 Public in and for said County and State, on this day personally appeared John E. Aydam and 25 Anne Aydam, his wife, both known to me to be the persons whose names are eubscribed.to the tl 1 26 foregoing instrument, and acknowledged to me that they each executed the some for the purposes p, J 21 and consideration therein expressed, and the said Anna Aydam, wife of the said John N. Aydam, I� • 281 having been examined by me privily and apart from her husband, and having the same fully 3 i 291 explained to her, she, the said Anna Aydam acknowledged such instrument to be her act and deed, , 30 and she declared that she had willingly signed the same for the purposes and consideration 1Ii � 31 therein expressed, and that she did not wish to retract it: . 32i, Given under my hand and Beal of office tics the 5th day of April A. D. 1939. • 1331 N. L. Walker, Notary Public in and for Harris County, Texas. (Seal) 34i Filed for record April 6, 1939 at 10:15 O'clock A.M. Recorded April 24, 1939 at 11:30 O'oLock A.M. 1 35gg1 '8�=-�^rt `7bJ. Clerk County Court, Harris County Texes.By` t-ei . `71.N-vim Deputy. 36¢ I 371, No. 205130 38 Dr. C. R. Evereberg -To- Phil E. Davant, et al 39' Deed. 40' The State of Texas, County of Harris: Know all men by these presents: 41I That I, Dr. C. R. Eversberg, of the County of Washington State of Texas for end in consideration 42j of the ens of Ten and No/100 (810.00) Dollars and other considerations to me in hand paid by 43 Phil E. Davant and 0. L. Evereberg, the receipt of which is hereby acknowledged, have granted, 44 sold and conveyed, and by these presents do grant, sell and convey, unto the said Phil E. 45 !levant and 0. L. Evereberg of the County of Harris State of Texas all that certain lot or 45' parcel of lend described as follows, to-wit: Lot Nine (9) 1n Block One (1), Wiener 47 Addition to the City of Houston, on the North Side of Buffalo Bayou, out of the Jolla Austin 48, Survey in Harris County, Texas, according to the plat of said addition duly recorded in the Map i , Clerk's Notes—Art.4606.��s---- 682 , 2 1� John No. 205126 Aydam, et to -To- A. A. Carter, et ux ) i • 31 Deed. 41 The State of Texas, County of Harris. Know all men by these presents: 5 That we, John E. Aydam and wife Anna Aydam, of the County of Harris State of Texas for and in 1 consideration of the sum of One and No/100 (51.00) Dollars to us in hand paid by A. A. Carter j 6 i 7i and wife Charlotte Carter, the receipt of which is hereby acknowledged, and the further gf consideration of the love and affection we bear for the said,A, A. Curter and wife Charlotte I 9� Carter. have granted, sold and conveyed, and by these presents do grant, sell and convey,Y, unto the said A. A. Carter and wife Charlotte Carter, of the County of Harris State of Texas all that certain lot, tract or County, { 11 parcel of land situated in Harris Texas, to-wit: i 12 Being the South one-half of Lots Numbers Eleven (11) and Twelve (12) in Block No. One (1) Belle 13j, Court, an addition to the City of Houston, being a subdivision of a pert of the A. C. Reynolds 1,' F 11 14;; Survey in Harris County, Texas, according to the map or plat thereof duly recorded in Vol. 452 1. 15' page 496, Deed Records Harris County, Texas. To have and to hold the above 1 16; described premises, together with all and singular the rights and appurtenances thereto in any- I li, wise belonging unto the said A. A. Carter end wife Charlotte Carter, and unto their heirs end lg assigns forever and we do hereby bind ourselves, our heirs, executors end administrators, to -'" is warrant and forever defend, all and singular the said premises unto the said A. A. Carter and i l 20 wife Charlotte Carter and unto their heirs and assigns, against every person whomsoever lawfully 1' • 21 claiming, or to claim the same, or any part thereof. Witness our hands at Houston, Texas this 22I! 5th day of April 1939. John E. Aydam, Anna Aydam. 23! The State of Texas, .County of Harris. Before me, the undersigned, e Notary 24! Public in and for said County and State, on this day personally appeared John E. Aydam and 1 25. Anne. Aydam, his wife, both known to me to be the persons whose names are subscribed to the ti 261 foregoing instrument, and acknowledged to me that they each executed the same for the purposes 27'; and consideration therein expressed, and the said Anne Aydam, wife of the said John E. Aydam, 28i having been examined by me privily and apart from her husband, and having the same fully 20 explained to her, she, the said Anna Aydam acknowledged such instrument to be her act and deed, f : 30 and she declared that she had willingly signed the same for the purposes and consideration r_++ therein expressed, and that she did not wish to retract it: 1'Lw Given under my hnnd and seal of office this the 5th day of April A. D. 1939. ( 331 N. L. Walker, Notary Public in and for Harris County, Texas. (Seal) ' 34i Filed for record April 6, 1939 at 10:15 O'clock A.M. Recorded April 24, 1939 at 11:30 O'clock A.M.!! 351 `24L—, , Cierk County Court, Harris County Texas.By}�n,n.d1A, `�1A `4n Deputy.' Q 36 ____ I Any provision herein which restrict the sale,rental or use of the described Real Property because of color or race is invalid and unenforceable under the Federal Law.Confidential information may have been redacted from the document in compliance with the Public Information Act. A Certified Copy-Page 1 of 1 $$ 'c.MARK ii" Attest: 12/19/2025 `::..• '•.f . Teneshia Hudspeth, County Clerk �.' •'.6' Harris County,Texas =�: 1 G -.7:::i.:%.. 7111 ...i....-4i ^ `I‘rt:_---=, Deputy a '.,QJ•-• ;, S,,\`��•• CON:23499571Vol.1121 tlll11111 ALEJANDRO MORAN goto ....,:t!....?,--. Y K b` , pix dR G -,„ �iA k ' �'� 'Tm� FNYi �� r � s i?L+b. �.5 1�a - „,-,..,..,,:t.- ; R`� - ry , � U __..' T r, L,. kik a. r1 i- ,n1:.t .r. .r •3.• 6 61 �,: ' .. .'.�S .'c.`, �..ry .�' :µ. ,j The e o exas, ow All Men �by These Presents: 111. COUNTY OF HARRIS a9 1 9,1,`iOg2 Sv' 11 7 2. 1 5 9 r , .. THAT Mrs. Anna Aydam� � : �>7)032 LS Q PO 1.45 01 - O ` DEED RFCORI vo15651. PM(`_3��1. of the County of Harris to of Texas for and in consideration of the sum of TEN AND -NO/100 ( . °dLLARS, cash, and other good and valuable consideration, and the •'e and affection I bear for Marjorie Roessler Aydam DOLLARS to her in hand paid by Marjori= ' 'oessl- Aydam, my beloved daughter, as follows: $.10.00 Cash 1`�/� 7 I. t have Granted,Sold and Conveyed,and by these p - • do Grant,Sell and Convey,unto the said Mar j or ,any= er Aydam of the County of Harris ,;. to of Texas all that certain • lot, tract or parcel oe land ms'-'e particularly described as follows, to-wit: North Half (N 1/2) f Lots Leven (11) and Twelve (12) f, in Block No. One (1) of BELLE COURT ADDITION, an ad- dition to the City Housp , Harris County, Texas, according to the m or pl thereof on file and of record in Harris C t , as, to which reference is here made for bette tion. Said property is particularly described as fronting 62-1/2 feet on Annapolis Street a • 105 fe - on Werlein Boulevard. • TO HAVE AND TO HOLD the above . -cri.`-% , ' es, together with all and singular the rights and appurtenances thereto in anywise belonging unto the said Marjorie Roessler Aydam, her heirs and assigns forever and I do IL by and my heirs,executors and administrators,to Wa t raver Defend,all and singular the said premises unto the said Marjorie Roessler . • . her r heirs and assigns, against every person w.omsoever lawfully claiming, or to claim the same, or any part thereof. 1,, ^ i WITNEss my hand t Houston, Texas, this 3-1Y, day of ✓7'-- 1964. ' 'Witness at Request of Grantor: Y, -•-AYiYia'Anna---a-m, a' me sole l -.._....._...._... M 40 • SINGLE ACKNOWLEDGMENT DEED REr_.MIlS "THE_STATE OF TEXAS, 0 1 6 28--1 34 1 5651_ ����, 32 -:s.4)otit>{y,cif''- >i'X' S } VOL B RE' , ME, the undersigned, a Notary Public in and for said County awl.State,on this day personally appeared ' EF�',k: �NLrs. Anna Adam a feme sole ,` ^�__•._�;' `___ �t :y tglad to be the person—_whose name..__.-.ts_._—_subscribed to the foregoing instrument, and acknowledged to AO � :,..5.#)�__.;executed the same for the purposes and consideration ther ezpresse 't i 'IGIV$N.UNDER MY HAND AND SEAL OF OFFICE this the.-.(..-.._._...day _.% .-,A.D. 19.64 C, r, L.S. Notary Public in and for..._..._-_Harris County,Texas. WIFE'S SEPARATE ACKNOWLEDGMENT THE STATE OF TEXAS, County of BEFORE ME, the undersigned, a Notary Public in and for said County and State,on this day personally appeared _—._._.._..-•----•— wife of _....._.._.........._...,known to me to be the person whose name is subscribed to the foregoing instrument,and having been examined by me privily and apart from her husband,and having the same fully explained to her, she, the said.___.__.._____ _acknowledged such instrument to be her act and deed,and she declared that she had willingly signed the same for the purposes and consideration therein expressed,and that she did not wish to retract it. GIVEN UNDER MY HAND AND SEAL OF OFFICE th is day of ,A.D.19.__._ (L.S.) Notary Public in and for.......................---....._-__.-.County,Texas. JOINT ACKNOWLEDGMENT THE STATE OF TEXAS, I County of BEFORE ME,the undersigned, a Notary Public in and for said County and State,on th' y-• . ,llysippeisred 20.__ �;..___.......and t his wife,both known to me to be the persons whose names are subscribed to the fo ego afro` en d Si owledged to me that they each executed the same for the purposes and considers n d xpre d,and0 °said._. _....____._.._... ,wife the said _._..__.___.._.._.__....._.._..__._._ having been examined by me privily and apart romer h and,an vm the same fully explained to her,she, the � • %same.®or the me g p said ..._.._._....._._.__...._______._...____.._._. a .._ acknowledged such instrument to be her act and deed,and she declared that she had wi113rig1•':.''gn purposes and consideration therein expressed, and that she did not wish to retract it. 70, GIVEN UNDER D AND SEAL OFtFFICE th is day of..._ ,A.D.19..___ Notary Public in and for County,Texas. E At ERAS, j I_EREBY CERTIFY that the foregoing instrument of writing, with its certificate of authentication, was filed for record 11 my office on the_.___.____:..day of..__.._..-______.__— ,A.D.19_.__,at.._._ o'clock. M., and was duly recorded by me on the-.._—..„-..-..-day of..._ _. ......_.._.._..............._._.._...,A.D.19.—__,in Vol page ,of the Records of Deeds of said County. WITNESS MY HAND and the Seal of the County Court of said County,s.t my office in..__....___.._.._.._.._.._....__.._._., the day and year last above written. (L.S.) County Clerk.........._..................___._.._....__.__......County,Texas. By _ ___.._ Deputy. j 1pp IA s: P CC1 - t0. z o T A )^ A iA a. i t A i ►ZI d Q n si o o ( v' of C,) I+ S v v 8 W e a) E al a _ .= a 2. F ;z G °it u E < EA Gs, A k, U c ►w. MO O �+ O v N V 4 I V. pi m m g z F. $ o e a m PI' o H E ff[[ i VOL 5651 FAc.3 33 N ST„tF(IF r;-> COU,r it Ji :1Anfil. I hereby o:-lily that ties Instrument was FILED on O 16.-28-13 A`� the date ana • •ho rime'tamped he,eon 1,me.and was L�` duly RECOR' D.In the Volume arm Page of the named RECORDS of Ilarris County,Texas,as stamped hereon by me.on SEF S 1964 _,,AR„, r`�, �.. COUNTY CLERK aJ'�•..a''S HARRIS COUNTY,TEXAS (V N x M �-w �'— w^ ,ii V,-' `--- _f)La co f\t' v 9 4 rf 4 \,k , NINJ ://Z�+ * 'd * G W 4 N N W CO F p d 0a W mo 'L 1 '� ito � H dy x • • Sec.7A-101.-Regulations,tables,etc. (a) In General.Every use,building site and structure must comply with the regulations set out in the following tables:Table 7A-1.Uses;Table 7A-2.Yards(or"setbacks");Table 7A-3.Open&Pervious Areas;Table 7A-4a.Garage Space;Table 7A-4b.Buildings;Table 7A-5a.Parking,Driveways,Etc.;Table 7A-5b.Certain Structures;Table 7A-6.Building Site Dimensions. (b) Projections.Permissible projections into yards and details about computation of open and pervious areas are set out in Table 7A-7,the"Projections Schedule. Table 7A-1:Uses General Rule:Within each District:uses marked"A"are allowed as the primary use,uses marked"SE"are allowed as the primary use to the extent authorized by special exception,and uses marked"X"are prohibited.Exceptions/Special Ru/es:(1) See Article 7D for rules governing planned development districts.(2)See special rules noted in table.The ZBA is authorized to issue all special exceptions mentioned in this Table. Use Specific Use SF(Single-Family) OBSOD RCOD Category (Old Building Site ((Rotated Corner Overlay District) Overlay District) Residential Single-family A See Note 1 (detached) Single-family X X X (attached) Other residential X X X Public and Semi- Park,playground,or See Notes 1 and 3. Public community center(public), school(public),place of worship Private green space See Notes 1 and 2. Utility or service use.See A See Note 1. Article 8 PWSF use A or SE See PWSF Schedule.See Note 1. All other uses X X X Note 1.High-density occupancies in SF District.High-density occupancies are allowed in SF Districts only to the extent authorized by a special exception.The ZBA may issue such a special exception if it finds and determines that the occupancy is a use that is(i)accessory to a lawful primary use and(ii)reasonably compatible with nearby sites and their uses(in addition to any other findings and determinations required for a special exception).Note:A previously-issued special exception that authorized a use with a high-density occupancy is sufficient to comply with this note. Note 2.Private Green Space.Vineyards,gardens,landscaping,private playgrounds and other similar uses that are predominantly pervious,vegetated and non-commercial are allowed in all districts.Unless otherwise authorized by a special exception,the only structures allowed are fences,playground equipment and landscaping structures(e.g.,low,retaining walls,borders, etc.).The ZBA may issue a special exception to authorize other structures.The special exception shall include a site plan specifying and limiting allowable structures.If so ordered by the ZBA, the site plan controls over any other ordinance to the contrary.However,the site plan may not specify yards(or"setbacks")different from those otherwise required,unless the ZBA finds that the different yards are:(i)necessary for efficient use of the available space and(ii)compatible with nearby sites and their uses.The special exception may allow accessory structures without a principal building. Note 3.Accessory Uses and Structures.In the indicated districts,the ZBA may issue a special exception to authorize additional uses and structures,if the ZBA finds and determines that each additional use and structure is:(i)accessory to a lawful primary use and(ii)compatible with nearby sites and their uses.The special exception may include a site plan identifying and limiting such uses and structures. Table 7A-2:Yards General Rule:No part of any structure may be located within a part of a building site included within a yard defined,by or"setbacks") District,in this table.("N/A"means the rule does not apply.)Exceptions/Special Rules:(1)Structures may be located in yards to the extent allowed by the Projections Schedule.(2)See special rules noted in table.(3)See Article 7D for rules governing planned development districts.(4)See additional setbacks in the PWSF Schedule. 1 - - Item Measurement SF(Single-Family) OBSOD(Old Building Site RCOD(Rotated Corner Overlay District) Overlay District) Front Yard Distance from the front ,20 feet if the building site depth is 110 feet or less;25 feet if the building site depth is more than 110 feet but not more than street line. 125 feet;30 feet if the building site depth is more than 125 feet.See Note 4. Interior Distance from the side Greater of 10%of the building site width or 5 feet.See Note 1. side yard property line(each side). • • Street side Distance from street side Greater of 10%of the building site width or 5 feet.See Notes 2,3,5. yard line. Rear yard Distance from the rear 20 ft.See Note 1. property line SF Distance from the nearest N/A N/A N/A Bufferyard part of an SF District. Note 1.Through Lots or Building Sites or Rear Through Lots or Building Sites.If a lot or building site extends all the way through a block so that the front and rear both abut a street area,there is no rear yard.The site is a"through"or"rear through"lot or building site and is considered to have two front yards,one at each street frontage.The front yard(setbacks)shall be as provided in Table 7A-2.Exceptions:1)If the site is"flag"shaped or irregular,the"flag"portion shall have the same setback as the adjoining building sites fronting that street;2)If a through lot abuts a Major Thoroughfare and a local street and has a lot depth less than 160 feet,then the lot sha I have a front yard on the local street and a back yard on the Major Thoroughfare.Provided, further,there shall be no vehicular access to the street adjacent to the back yard;3)If a through lot abuts Auden Street and a dead-end street,then the lot shall have a front yard on Auden Street and a back yard on the dead-end street.Provided,further,there shall be no vehicular access to the street adjacent to the back yard. Note 2.Narrow Site"3/7"Exception.Alternate side yard areas apply to a building site meeting all five of the following criteria:(A)The building site is less than 55 feet in width and no more than 6,000 square feet in area.(B)The use Is single-family(detached)use.(C)Outside the rear yard,no main wall surface of any building is closer than 10 feet to any main wall surface of a'prior building'on an adjacent building site.A'prior building'is a principal building in existence,under construction or covered by a current building permit when a building permit is issued for a subsequent building.A'subsequent building'is a principal building that was permitted for construction after an adjacent prior building was permitted,and that is located on a building site that has a common side property line with the adjacent prior building.1)Exception:If there are prior buildings on both sides of a subsequent building,each within 7 feet of the common side property lines,the minimum separation between main wall surfaces is 8 feet.(D)The owner has designated alternate side setback areas in a form approved by the administrative official and in accordance with all of the following criteria:(1)Minimum setback,interior:3 feet.(2)Minimum setback,street side:5 feet.(3)Minimum setbacks,both sides combined:greater of 10 feet or 20%of the building site width.(4)On each side,the setback is uniform in width along its entire length.See Table 7A-5a regarding"alternating driveway"rule.(E)The proposed garage shall be located in the rear yard.The ZBA may issue or modify a special exception to locate the proposed garage outside the rear yard if all the following criteria are met.The special exception criteria conferred by section 11-102(b)shall not be utilized when determining whether this special exception should be granted.The scope of the decision shall be limited to criteria enumerated below:(1)Locating the proposed garage outside the rear yard will not unduly alter the character of the immediate neighborhood;(2)The location will not restrict access to the principal or neighboring properties for fire or life rescue;(3)The proposed special exception will not cause any significant increase in on-street parking,will not cause any substantial traffic congestion,will not cause any substantial increase in traffic or an unreasonable burden upon utility systems or upon any other public facility or public service;(4)A protected tree(s)that would otherwise be removed due to a garage being constructed in the rear yard would be preserved;and(5)The submission of a tree disposition plan and tree survey approved by the city's urban forester. Note 3.Rotated Corners.For rotated corner building sites(RCOD only),the minimum side street yard width is(i)10 feet if the building site width is 65 feet or less,(ii)10 feet plus the distance by which the width of the building site exceed 65 feet,if the building site width is more than 65 feet but less than 75 feet,(iii)20 feet if the building site width is 75 feet or more but less than 100 feet,or(iv)for building sites 100 feet wide or more,the side street yard width is determined by the same rules as the front yard depth,except that the"depth'of the building site is measured from the side street line. Note 4.Major Thoroughfares.The ZBA may issue a special exception for a front yard less than 30 feet deep abutting a major thoroughfare,if the front yard prescribed is at least 10 feet deep, and if the special exception requires the greatest practicable amount of pervious area in the front yard. Note 5.Special Exception.The ZBA may prescribe a different street side yard by special exception relating to frontage.See Article 8. Table 7A-3:Open& General Rule:Every building site must have the minimum open and pervious areas shown,by District,in this tab)e.("N/A" Pervious Areas means the rule does not apply.)Exceptions/Special Rules:(1)See Article 7D for rules governing planned development districts.(2)See special rules noted in the table.(3)See the Projections Schedule for calculating open and pervious areas. Item Measurement SF(Single-Family) OBSOD(Old Building Site RCOD(Rotated Corner Overlay District) Overlay District) Open area Front yard,minimum 60% percentage. Rear yard,minimum 60%See Note 1 percentage. Entire building site,minimum percentage. 45% • .- Pervious area Front yard,minimum 50%.See Note 4. percentage. Entire building site,minimum 35% percentage. Landscaping strips Required,except for SFO uses on building sites with 5,000 sq.ft.or more.See Note 2. Qualified trees For SFD uses on building sites with 5,000 sq.ft.or more,Chapter 8Z of the Code of Ordinance must be located within a contiguous and reasonably compact pervious area containing at least 25 sq.ft.However,additional,or better pervious areas may be required to comply with bpter 82. Parking areas,interior Each parking area containing 21 or more parking spaces must contain interior pervious areas in"island"or"peninsula" configurations aggregating in area at least two square feet for each parking space. Note 1.Rear Yard Adjacent to Non-SF.The ZBA may issue a special exception to reduce the requirement for open area in a rear yard in a SF District to not less than 40%,if the rear yard abuts a non-SF District. Note 2.Landscaping Strips.Vegetated pervious areas are required as follows:(a)minimum of five feet wide adjacent to each street area(or 3.5 ft.if located in front of a fence or wall at least 3.5 feet high),and(b)minimum 18 inches wide to separate each paved vehicular area from a fence or subdivision or replat boundary.Exception:Strips are not required along alleys or where they must be crossed by sidewalks or driveways.Strips along street areas must have live,evergreen shrubs(maximum spacing is 3.5 ft.)and live qualified trees under Q3aoter 82 of the Code of Ordinances(maximum spacing is 20 ft.).The administrative official may approve different spacing for shrubs or trees,upon showing that(i)the spacing is allowed by standard urban forestry criteria for the species and location and(ii)the spacing will comply withpter 82.The ZBA may issue a special exception to allow a landscaping strip to be located in whole or in part within a street area if the ZBA finds that the particular landscaping will,in all probability,be allowed to remain intact for at least 50 years and that it can be maintained and will function as well as a strip located completely on private property. Note 3.Old Stock Housing.The ZBA may issue a special exception to reduce the open area requirement in the rear yard if the ZBA determines:(i)the reduction is reasonably necessary to preserve or protect old stock housing as it then exists or as it may be proposed to be remodeled or expanded(up to a total gross floor area,for all buildings on the site,that does not exceed the greater of 3,400 square feet or 200%of the gross floor area of all the buildings on the site when the principal building was built,before 1980);and(ii)there will be no substantial adverse impact upon nearby properties. Note 4.All pervious areas in a front yard must be natural vegetation or landscaped area that receives rainwater and allows it to pass through or be absorbed.Artificial turf may be used in lieu of grass for landscaped areas,provided it is a natural green color that is consistent with the character of the neighborhood.Final approval of artificial turf shall be subject to the approval of the administrative official. Table 7A-4a:Garage Space Areas General Rule:Every building site,garage space,and related structure must conform to the applicable regulations shown by District in this table.("N/A"means the rule does not apply.)Exceptions/Special Rules:(1)See special rules noted in the table. (2)See Article 4 regarding Planned Development Districts.(31 See Note 1 regarding special exceptions. Item Regulation SF(Single-Family) OBSOD(Old Building Site RCOD(Rotated Corner Overlay District) Overlay District) Garage space,in Garage parking spaces. Minimum 2.0 per DU(1.0 per DU for old stock housing);each must be enclosed or semi-enclosed and adjoin a driveway. general See Article 10 Maximum 1.0 per 2,225 square feet of building site area,not to exceed 4.0. Minimum garage parking Ten feet wide,20 feet deep(for each required garage parking space). space dimensions • Garage door or Maneuvering area See Article 10 openings Door or opening facing front Prohibited unless:(i)the garage door is set back ten feet or more from the front yard,(ii)there is only open area above the street line. driveway for at least seven feet inward from the front yard,and(iii)any structure above the driveway(and within ten feet of the front yard)must be cantilevered or suspended from the building(no special posts or vertical supports being allowed). Door or opening facing side Prohibited unless:(i)the garage door is set back eighteen feet or more from the side street property line,(ii)there is only street line. open area above the driveway for at least seven feet inward from the side street line,and(iii)any structure above the driveway and within ten feet of the side street line must be cantilevered or suspended from the building(no special posts or vertical supports being allowed). Garage accessory Limit on non-garage space Max.600 sq.ft.GFA in any accessory building containing garage space. buildings Note 1.Special Exceptions.The ZBA may issue a special exception for a parking area,garage,or driveway in another location or with a different design than prescribed by this table if it finds that (i)the other location or design will not unreasonably interfere with available light and air and will not significantly alter access for fire-fighting and similar needs;(ii)the other location or design will prevent the destruction of a qualified tree;(iii)in the case of the remodeling of a principal building,the location requested is the same as an existing parking area,garage or driveway;or(iv)the location or design requested is necessary for safety considerations. ! ! Table 7A-4b:Buildings General Rule:Every structure must conform to the applicable regulations shown,by District,in this table.("N/A"means the rule does not apply.)Exceptions/Special Rules:(1)See special rules noted in table.(2)See Article 9 regarding Planned Development Districts. Item Regulation SF(Single-Family) OBSOD(Old Building Site RCOD(Rotated Corner Overlay District) Overlay District) Dwelling units Maximum number per One,plus one accessory quarters(AQ) building site Framed area,all Maximum area as a 80% buildings on a percentage of building site building site area Length or width, Maximum horizontal N/A any building dimension Exterior materials, ,Type N/A any building Separation of DUs Fire-rated wall N/A SF privacy See Note 2. N/A protection Accessory Maximum number per Three buildings building site SeeArticle 10 regarding garage Height,maximum 25 ft. space. Principal buildings Stories,maximum Two and one-half See Article 10 regarding garage Height,maximum 35 feet;25 feet in rear yard.See Note 1,and Note 3. space. Minimum gross floor area 1,400 square feet,if used for residential purposes • Width,minimum N/A Note 1.Antennas and Chimneys.Roof-mounted radio or television antennas on a principal building in a residential district may project up to four feet above the roof.The maximum height of chimneys attached to a principal building Is 35 feet or four feet above the roof.See Section 18 149,Table 6-552 which provides additional regulations for the installation of roof mounted antennas. Note 2.SF privacy protection.On a building site where this applies(see Figure SFP at the bottom of Appendix A),there may not be a direct sight line from any"third-floor viewpoint"to any point in an"SF privacy zone."A"third-floor viewpoint"is any viewpoint on a"third-floor area"at eye level(six feet)or lower.A"third-floor area"is any floored area(indoors or outdoors)where the floor is 18 feet or higher The"SF privacy zone"includes every point:(i)within 100 feet of the third-floor viewpoint in question,(ii)on a building site in an SF District,and(iii)below 20 feet in height. Note 3.Height of Flood Loss Structures.The roof height of existing flood loss structures being raised to meet floodplain regulations may exceed the existing roof height by an amount equal to the distance the structure is elevated.In no case may the maximum roof height exceed 39 feet and 27 feet in the rear yard setback. Table 7A-5a: General Rule:Every building site,vehicular area,and related structure must conform to the applicable regulations shown,by Parking,driveways,etc. District,in this table.("N/A"means the rule does not apply.)Exceptions/Special Rules:(1)See special rules noted in the table. (2)See Article 9 regarding Planned Development Districts.(3)See Note 7 regarding special exceptions.(4)See Article 10. Item Regulation SF(Single-Family) I OBSOD(Old Building Site RCOD(Rotated Corner Overlay District) Overlay District) • Off-street parking spaces and Number,location,size, Depends on land use,layout,etc.See this Table,Table 7A-4a,and Article 10(including maneuvering areas,design parking areas design requirements,"same site"rule,yards,street areas,loading spaces,etc.). Other regulations apply,see,e.g., Maneuvering areas See Article 10 Article 10 Grouping or sharing. Not allowed,except in a QMDS platted parking reserve serving two or more DU's.But see Note 2. Use of parking areas Parking spaces for non-SFD uses may only be used for motor vehicle parking.See Note 3. Emergency Minimum width.See Note 1. 20 ft,via public or private street,to each principal building and each DU(or to an adjacent open area accessible to firefighters accessway and equipment).Other regulations also apply,e.g.,fire code. Driveways and Minimum width.See Note 1. For SFD use:nine ft. private streets For non-SFD residential use:10 feet,or 17 feet if two-way and serving three or more DU's. Other regulations apply;see,e.g., Maximum width(in front For SFD use:(i)Driveway serving any single-bay garage:12 feet.(ii)Driveway in a front yard serving rear garage or side-facing Article 10 yard or street area) garage:12 feet.(iii)Driveway in the side street area of a corner site serving a side-facing garage with three or more bays:30 See Note 1. feet;(iv)Any other driveway:20 feet.For other residential uses:24 ft.(or 35 feet if connecting to a major thoroughfare).For all other uses:30 feet(or 35 feet if connecting to a major thoroughfare). Maximum length For non-SFO uses:160 feet,driving distance to the nearest street area,measured along the centerline from the farthest end point.A longer driveway is allowed if there is an approved turnaround or second means of egress or if the driveway is platted as part of the common area in a QMOS. Route,location See Note 6. Spacing For non-SFD uses:There must be at least 40 feet between the"inside"apron edges(at their narrowest points)of driveways serving the same building site. Pavement Required type For SFD use:Hard-surfaced or pervious pavement required for each required driveway and parking space;twin"ribbons"of See Note 4. pavement are permitted.For all other uses:Reinforced concrete,with curbs and drains required for all vehicular areas. Exceptions:(i)See Table 7A-3(pervious pavement)and Note 4,below.(ii)See,4rtide 10 regarding"overhang." Curb cuts Other Number For SFD use:Maximum one per designated building site abutting the street.For non-SFD uses:Maximum one per 50-ft. regulations apply segment of street line.See Note 5. see,e.g.Article W and Qpter70 of Max.width per 50-ft. Four feet(for aprons)plus the maximum driveway width allowed.Each curb cut must be confined to the part of the street the Code of segment of street line area that directly abuts the building site(s)served.See Note 1. Ordinances. Visibility triangles Forbidden structures,plants The following are forbidden on parts of a building site within a visibility triangle:structures,plants or other things taller than See definitions in and other things 2.0 ft.or shorter than 8.0 ft.This does not require removal of trees in existence on July 1,1992,if kept pruned. Article 2 Note 1.Width measurement methods.Minimum driveway width refers to unobstructed vehicular access path and,for non-SFD use,pavement.Maximum driveway width refers to the maximum width of pavement in a front yard or street area,excluding complying curb cut aprons.Maximum curb cut width refers to the width of the driveway plus aprons,measured at the edge of the roadway. Note 2.Grouped or shared parking.Article 10 also provides for a special exception in certain circumstances. Note 3.Parking exclusivity(non-SFD uses).Required parking spaces must be kept open,readily accessible,and used for parking only,with no sales,dead storage,display,repair work, dismantling,or servicing of any kind.Required guest parking spaces must be kept open and reserved for that use only. Note 4.Pavement.The administrative official may approve other pavement designs and materials if the pavement designs and materials will provide equal or better durability and satisfy the requirements of pervious pavement related to water runoff. Note 5.Curb cuts.The ZBA may issue a special exception for additional curb cuts.Exception:The administrative official may authorize additional curb cuts for a corner site when in compliance with the requirements for two curb cuts for circular driveways specifically allowed by Qpter 70 of the Code of Ordinances.These additional curb cuts are not prohibited and do not require a special exception.(A)Circular driveways.If a SFD building site has 60 feet or greater frontage measured along the front street line,then two curb cuts for a circular driveway are permitted if:(1)Both curb cuts are on the same street and located along the front street line;(2)At the front street line,no part of the curb cuts or driveways are closer than two feet to a side property line;(3)In the street area,no part of the curb cuts or driveways cross the imaginary extension of a side property line,unless the affected neighboring owner consents in writing;(4)Measured along the edge of the main traveled roadway,the inside edges of the curb cuts and driveways at the property line are at least 24 feet apart;(5)Within the street area,the edges of each driveway are perpendicular to the edge of the main traveled roadway and;(6)The proposed driveways are no wider than what is allowed or specified in table 7-Sa in appendix A of the Code of Ordinances.(B)Corner lots.Regardless of street frontage,corner lots shall be expressly prohibited from constructing a driveway which connects two intersecting streets(i.e.,cutting the corner).If a SFD building site is 60 feet or greater in width and meets the requirements for a circular driveway as specified in Table 7-Sa,Note S(a)(I-6),corner lots shall be permitted up to two curb cuts along the front street line,but in no case may exceed a total of three per building site(i.e.,two curb cuts for a circular driveway along the front street line and one curb cut for a straight driveway on the side street that services a functioning garage utilized for the off-street parking of motor vehicles)if:(1)The additional curb cut(s)will not cause the building site to exceed a total of two curb cuts along the nt street line;(2)Each curb cut is at least 15 feet from the intersection Itreet rights-of-way and;(3)The proposed driveway will not cause the building site to exceed the maximum impervious coverage requirement stipulated in Table 7-3:Open&Pervious Areas.(CI Through lots.Through lots shall be permitted one additional curb cut per abutting street not serving as the primary entrance to the residence.The additional curb cut(s)must service a functioning garage utilized for the off-street parking of motor vehicles.(D)Busy streets.Bissonnet Street,Buffalo Speedway,West Holcombe Boulevard,Bellaire Boulevard,and Kirby Drive shall be permitted one additional curb cut for a circular driveway if the building site is 50 feet or greater in width.(E)The ZBA may issue a special exception for additional curb cuts in a different design or location than prescribed by this ordinance. Note 6.Route:Alternating Driveways.Each driveway must connect garage space to the street by the most direct route.On narrow sites where alternate side yard areas apply(see"Yards"table), the following special restrictions also apply:(A)there must be a driveway located as nearly as practicable to one side of the site;(B)the side is determined in accordance with the established driveway pattern for the block face in question if there is such a pattern;and(C)if there is no such pattern,and if there is an adjacent driveway on one adjoining building site but not the other,the driveway must be on the side farthest from the adjoining driveway.Exceptions:(i)this paragraph does not prohibit circular driveways specifically permitted under another ordinance of the City(see Table 7A-Sa,Note 5),and(ii)a driveway may be curved or moved away from the most direct route to the extent reasonably necessary to avoid destroying or seriously injuring a tree. Note 7.Special Exceptions.The ZBA may issue a special exception for a parking area,garage or driveway(or other maneuvering area)in another location or with a different design than prescribed by this ordinance,if it finds that:(i)the other location or design will not unreasonably interfere with available light and air and will not significantly alter access for fire-fighting and similar needs;(ii)the other location or design will prevent the destruction of a qualified tree;(Ili)in the case of the remodeling of a principal building,the location requested is the same location as an existing parking area,garage or driveway;or(iv)the location or design requested is necessary for safety considerations. ......._... _ Table 7A-5b:Certain Structures General Rule:Every structure must conform to the applicable regulations shown,by District,in this table.("N/A"means the rule does not apply.)Exceptions/Special Rules:(1)See special rules noted in the table.(2)See Article 2 regarding Planned Development Districts. Item Regulation SF(Single-Family) OBSOD(Old Building Site RCOD(Rotated Corner Overlay District) Overlay District) Swimming pools Maximum number per One,See Note 1. building site Sport courts Maximum number per One,See Note 2. building site Practice Maximum number per One,See Note 3. Enclosures building site All structures Height,maximum 25 feet.But see the"Buildings"table for certain building height limits. See Note 5.See also,Article 8 Note 1.Swimming Pools in SF Districts.Each swimming pool in an SF District must be a private accessory structure for a single building site and used for residential purposes only. Note 2.Sport Courts in SF Districts.Each sport court in a SF District must: (1)Be a private accessory structure for a single building site; (2)Be used for residential purposes only; (3)Be open to the sky but enclosed and screened by opaque fencing to a height of 8 feet on all sides.Boundary fencing may be utilized for the screening of sports courts in lieu of an interior fence enclosure; (4)Never be directly or indirectly lighted for play; (5)Not project past the front of the principal building*; (6)Not be located in a side yard*;and (7)Not project into a rear yard setback area unless the rear property line of the proposed building site abuts only the rear property line(s)of one or more adjacent building site(s),in which case a ten-foot(10')projection into the rear yard setback area Is permitted.Incases where the rear property line of a proposed building site is parallel and contiguous with segments of both the rear property line and the side property line of two or more adjacent building sites,no projection into the rear yard setback area is permitted.Additionally,no projection into the rear yard setback area is permitted if the side property line of the building site where a sport court is proposed is perpendicular to the side property line of any other adjacent building site. "see Note 4 and Figure 7A-5b. Note 3.Practice Enclosures in SF Districts.Each practice enclosure in a SF District must: (1)Be a private accessory structure for a single building site; (2)Be used for residential purposes only; (3)Be enclosed on all sides by netting to a minimum height of at least 8 feet.Enclosure not to exceed 12 feet in height; (4)Never be directly or indirectly lighted for play; (5)Not project past the front of the principal building (6)Not be located in a side yard*;and (7)Not project into a rear yard setback area unless the rear property line of the proposed building site abuts only the rear property line(s)of one or more adjacent building site(s),in which case a ten-foot(10')projection into the rear yard setback area is permitted.Incases where the rear property line of a proposed building site is parallel and contiguous with segments of both the rear property line and the side property line of two or more adjacent building sites,no projection into the rear yard setback area is permitted.Additionally,no projection into the rear yard setback area is permitted if the side property line of the building site where a practice enclosure is proposed is perpendicular to the side property line of any other adjacent building site;. •see Note 4 and Figure 7A-Sb. Note 4.Sport Courts and Practice Enclosures.The ZBA may issue a special exception to locate a sports court or practice enclosure in a different design or location than prescribed by this ordinance.The following items may be considered by the ZBA as permissive factors when considering the merits of the special exception: (1)The submission of a noise study which demonstrates compliance with city noise ordinances.See Chapter 54 Article II; (2)The submission of letters of no objection from all immediately adjacent neighbors; (3)The preservation of a Protected Tree;and (4)Concurrent landscaping enhancements and beautification of the building site. Note 5.Utility Poles.An ordinary utility pole owned by a franchisee of the City may be up to 43 feet high,if the administrative official certifies that the additional height is necessary to separate wires of different voltages and capacities from each other and the ground,applying standard technical codes and utility safety guidelines. Street N.E. j ......_w". �. N.E. 1 N.E. I E E E f .. E Table 7A-6:Building Site Dimensions General Rule:This table prescribes the minimum dimensions for building sites by District.("DU"means"dwelling unit.") Exceptions/Special Rules:(1)See PDD Schedules for planned development districts.(2)See special notes in table.(3)The Z&PC may establish different dimensions by approving a plan,plat,or replat(see Article 5). Item Measurement SF(Single-Family) OBSOD(Old Building Site RCOD(Rotated Corner Overlay District) Overlay District) Old building sites Width,minimum 50 ft. 75 ft. SO ft. (before October 24,1987)See Depth,minimum 100 ft. 105 ft. 100 ft. Notes 1 and 2. Area,minimum 5,000 7,875 5,000 sq.ft. sq.ft. sq.ft. New building sites Width,minimum 75 ft. 75 ft. 75 ft. (on or after October 24,1987) Depth,minimum 110 ft. 110 ft. 110 ft. See Note 3. Area,minimum 8,250 8,250 8,250 sq.ft. sq.ft. sq.ft. Note I.4,500 Square Foot Exception.A structure may be located on an old building site with at least 40 feet of width and at least 4,500 square feet of total area,if the building site:(i)was improved with a principal building in existence on the 1987 effective date or for any period of twenty consecutive years prior to the 1987 effective date,under circumstances where there was no additional land used for the building site,and(ii)was created by subdivision plat and not made smaller thereafter except to provide public right of way or to accommodate physical encroachments,or as specifically allowed by Article 4. Note 2.4,300 Square Foot Exception.A structure may be located on an old building site with at least 40 feet of width and at least 4,300 square feet of total area,if the building site:(i)was created by subdivision plat approved by the city council or the Z&PC,(ii)has not been made smaller thereafter for any reason. Note 3.Certain Re-Subdivisions After October 24,1987.A subdivided lot in the SF(but not within the OBSOD)or GR-1 District may be further subdivided to produce a building site with less than seventy-five(75)feet of width or less than one hundred ten(110)feet of depth if all applicable procedures under state law and the City's ordinances,rules and regulations are followed and one of the following three sets of circumstances is present:(A)All portions of the subdivided lots ore added to adjoining subdivided lots.(B)The number of lots is not Increased,and all resulting lots have:(i)a depth greater than or equal to the depth of the shallowest lot before the re-subdivision,and(ii)a width greater than or equal to the width of the narrowest lot before the re-subdivision;provided that no resulting lot is irregularly shaped(unless it was so shaped before the re-subdivision).(C)A portion of the subdivided lot is needed for City use or utility or service use. • • Table 7A-7.Projections Schedule General Rule:This schedule describes certain structures which are allowed to"project"into yards(or setbacks).It also provides special rules for calculating open and pervious areas affected by such structures.See the"Yards(or 'setbacks) and the"Open&Pervious Areas"tables. Type of Structure Maximum Allowed Projection(In Inches),Measured From The Inside Edge Of The Yard Special Rules For Calculating Open& Pervious Areas Front Yard Rear Yard Side Yard SF Bufferyard Buildings and Attached Items above ground level: 15" 15"See Note 12 24"except that no 15"See Note 12 The area does not count as Structures Eaves,cornices,roof item below the open area. extensions,"greenhouse"and eave may be closer bay windows(no floor space), than 36"to the SPL. windowsills,cantilevered See Note 12 building space,window boxes, belt courses,window air conditioners,and similar parts of buildings. Items at and above ground 15" 15"See Note 12 12"except that no 15"See Note 12 This area does not count level:Chimneys/fireplaces item below the as either open or pervious (with cross-sectional areas of 8 eave may be closer area. square feet or less)and similar than 36"to the SPL. parts of buildings. See Note 12 Porches/platforms/decks 0,but see Note 1 0,see Note 12 0,see Note 12 0,see Note 12 The area does not count as higher than 14 inches and either open or pervious similar structures attached to area.The area beneath a a building. deck may count as pervious area if rain is allowed to pass through the deck. Steps not higher than the first- 120" 0,see Note 12 0,see Note 12 0,see Note 12 The area does not count as floor level. either open or pervious area. Items near ground level: 120" No limit 0,See Note 12 No limit The area counts as an porches,platforms,and decks open area.The area higher than six inches but not beneath a deck may count higher than 14 inches,and as pervious area if rain is similar structures attached to allowed to pass through buildings the deck. Other parts of buildings and 0,but see Note 2. 0,but see Notes 3 0,but see Note 5. 0,but see Note 3. The area does not count as structures attached to and 4.See Note 12 See Note 12 See Note 12 either open or pervious buildings area. Ground-level and Sidewalks,patios, There is no limit, No limit No limit No limit The area counts as an underground items porches/platforms/decks, except that decks open area but not a retaining walls,driveways, may not project pervious one unless the parking areas,and similar more than 120" material is completely structures not higher than six pervious to water.The inches;all underground area beneath a deck may structures.See also Table 7A-3 count as a pervious area if regarding pervious pavement. rain is allowed to pass through the deck.See Table 7A-3. • • Mechanical Equipment Air conditioning equipment, 0 See Note 6. See Note 6. 0 The area does not count as pool equipment,and similar either open or pervious freestanding mechanical area. equipment Utility meters and related 0 No limit 15" 12" The area may count as apparatus both an open area and pervious area. Certain Accessory Basketball goals 120" No limit No limit generally, No limit The area may count as Structures but see Note 7. both open area and pervious area. Book Sharing Exchanges(1 per No limit generally, 0 0 0 The area does not count as building site) but see Note 13. either open or pervious area. Playground equipment 0 No limit 0 No limit The area may count as both open area and pervious area. Flagpoles 120" 0 0 0 The area may count as both open area and pervious area. Fences 0,but see Notes 8.1 No limit No limit,but see No limit The area does not count as and 8.2 Notes 8.1,8.2 and either open or pervious 11. area. Swimming pools 0 0,but see Note 9 0,but see Note 9. No limit The area counts as an open area.Only the water area counts as pervious area. Sport Courts(with associated 0 0,but see Note 14 0 No limit The area counts as open screens) area but not pervious area (unless the area is made of grass,sand,or an equivalent pervious material). Practice Enclosures 0 0,but see Note 14 0 No limit The area counts as open area but not pervious area (unless the area is made of grass,sand,or an equivalent pervious material). Lights and lampposts No limit generally No limit generally No limit generally No limit generally The area may count as but see Note 10. but see Note 10. but see Note 10. but see Note 10. both open area and pervious area. Gate closers 24" No limit No limit No limit The area may count as both open area and pervious area. Signs(see Code of Ordinances) No limit 0 0 0 The area does not count as either open or pervious area. Note 1.Porch In Front Yard.On a building site in a residential district with a front yard depth of 20 feet or more,a porch may project up to 120 inches into the front yard if it meets all the following criteria: (i)It is neither designed nor usable for motor vehicles; (ii)The volume of the projecting partoeporch does not exceed 50 cubic feet per foot of front street line(Example: e maximum projecting volume on a 5214-foot wide site would be 50 cubic feet x 52.5 or 2,625 cubic feet); (iii)The porch's outside perimeter is open and unobstructed,except for the following features:(a)Ordinary window screens.(b)A solid or partially open safety rail not higher than 3.5 feet above the porch floor.(c)Supporting vertical columns if the total width of the outer faces of the columns does not exceed either 50%of the outside perimeter of the porch or 25%of the theoretical outside perimeter of a maximum-sized porch.The width of a column is measured at its thickest point above 3.5 feet above the porch floor.The"maximum-sized porch"is 120 inches deep and extends from one side yard line to the other,but the open area requirement for the front yard limits it.The"outside perimeter"of a porch is the portion of the perimeter out in the front yard;it does not include the portion of the perimeter adjacent to a building or lying along the front setback line; (iv)At no point in the front yard does the porch have a height greater than the depth of the front yard(Example:if the depth of the front yard is 20 feet,the maximum height in the front yard is also 20 feet);and (v)No projecting balcony or enclosed,habitable space shall be constructed or placed above the ceiling of a projected porch. Note 2.Gas Pipeline Sites.A principal building may project into the front yard if:(a)the building site includes land in the rear of the building site subject to a gas transmission easement thirty feet or wider that is traversed by a gas transmission(not distribution)pipeline;(b)no part of the principal building,except items that are otherwise allowed to project into front setback areas,is within twenty feet of the front street line;and(c)The entrance to garage space is not closer than thirty feet to the front street line. Note 3.Buildings In Rear Yard or SF Bufferyard.A building may be located in a rear yard or SF Bufferyard(as defined in Sec.2-102)if it meets all of the following criteria:(a)No part of the building may be closer than five feet to the rear property line(or to any SF District,if in an SF Bufferyard).(b)Within ten feet of another building site in an SF District(whether on the side, rear or otherwise),it may have no window,door,or other opening above the ground floor(and facing the property line of the other building site),except for translucent(but not transparent),non-operable openings.(c)Space in any projecting building may only be used for single-family(detached)use.(d)A principal building may not project unless the ground floor of the projecting part is at least 51 percent garage space,and there is no more than 600 square feet of building space,other than garage space,in the projecting part.See garage restrictions in Article 10. Note 4.Railway/Gas Sites.A building may be in a rear yard if:(a)the yard abuts land used for railway purposes or gas transmission(not distribution)pipeline purposes;(b)the building does not occupy any area subject to a utility easement or drainage easement unless each entity claiming an interest In the easement grants its consent or acquiescence to the encroachment and(c) the building is an accessory building.If these criteria are met,the normal restrictions for rear yard projections do not apply(see notes above). Note 5.Garages encroaching in Side Yards.A building may project toward an interior side property line(not a side street line)if it meets all the following criteria:(a)No part of the building may be closer than three feet to the side property line.Exception:Eaves may be as close as two feet.(b)The projecting part may only contain garage space and space above the garage(plus stairway and eaves).(c)Any projecting part must be at least seventy feet from the front street line.(d)Within ten feet of another building site in an SF District(whether on the side,rear,or otherwise),the building may have no window,door,or other opening above the ground floor(and facing the property line of the other building site.)Exception:There may be translucent (but not transparent),non-operable openings. Note 6.Equipment in Rear or Side Yard. REAR YARD:Indicated equipment may project into a rear yard only if:(a)separating the equipment from any building site across the rear lot line,there is a solid wall at least one foot higher than the highest part of the equipment;(b)if the equipment occupies any part of an easement under the control of the City,the City has issued a separate acquiescence or consent to the occupancy of the easement;(c)there has been formally granted to the city any utility easement deemed necessary by the City's chief utility official;(d)the base of the equipment is not higher than 14 inches above the ground(Exception.The base may be elevated to the minimum level of the lowest floor of the principal building,as established by the City's flood damage prevention ordinance,if that level is higher than 14 inches above the ground.);and(e)if located within five feet of any property line,the equipment is fully encased in a sound-absorbing cabinet or is otherwise designed and operated to comply with the City's noise regulations;see Chapter 54 of the Code of Ordinances. SIDE YARD:Indicated equipment may project into an interior or street side yard(but not closer than three feet to a property line)only if it is fully encased in a sound-absorbing cabinet or is otherwise designed and operated to comply with the City's noise regulations;see Chapter 54 of the Code of Ordinances.However,equipment replacing older equipment in a side yard may project as close as 18 inches to a property line if the fire marshal determines that such projection will not significantly interfere with emergency access,either on the same site or on another site. NEW AND REPLACEMENT EQUIPMENT:These rules apply to all new and replacement equipment.Exception:If older equipment was lawfully installed on an elevated structure in a rear yard, replacement equipment may be installed on the same structure.If the older equipment was lawfully installed without the required separating wall,the wall must be provided,but it may be either solid or at least 50%solid(e.g.,lattice).All other rules apply. Note 7.Basketball Goals.No part of the equipment may be closer than ten feet to any street line. Note 8.1 Fences.Fences may project into front and side yards to the extent expressly required or authorized by city ordinance(e.g.,provisions in Chapter 14 of the Code of Ordinances; provisions in PDD schedules for front fences).Also,in the Code of Ordinances,there are(i)requirements for emergency portals in fences(Chapter 18)and(ii)restrictions on fences,certain "fence-like hedges,"and other things in visibility areas(Chapter 82).In a QMDS,low fences(3.5 feet or lower)may be located anywhere,if made of ornamental metal or pickets. Note 8.2.Fence-like hedges.Fence-like hedges within the front yard(setback)of a building site containing no principal building are prohibited.This provision applies to all adjacent side yard building sites and rear through building sites.Visibility triangles and visibility areas,as defined by this ordinance,are subject to further restrictions as contained in chapter 8Z of the Code of Ordinances. Note 9.Swimming Pools.Except as specified in Section 18-171. Note 10.Lampposts.The maximum diameter of projecting posts is six inches;the maximum height is eight feet. Note 11.Rotated Corner Fences,Notwithstanding any other provision of this ordinance or any other ordinance,no fence is allowed in the side street yard of a rotated corner building site (Rotated Corner Overlay District),except for temporary construction fences required by Chapter 18 of the Code of Ordinances. Note 12.Old Stock Housing.The ZBA may issue a special exception to authorize the projection of buildings and attached structures into a side yard,rear yard,or an SF Bufferyard if the ZBA determines:(i)the projection is reasonably necessary to preserve or protect old stock housing as it then exists or as it may be proposed to be remodeled or expanded(up to a total gross floor area,for all buildings on the site,that does not exceed the greater of 3,400 square feet or 200%of the gross floor area of all the buildings on the site when the principal building was built,before 1980);and(ii)there will be no substantial adverse impact upon nearby properties. Note 13.Book Sharing Exchange(s).No part of the structure may project into the Right-of-Way.Installation subject to guidance and final approval by the Administrative Official. Note 14.Sport Courts and Practice Enclosures.Sports courts and practice enclosures may not project into a rear yard setback area unless the rear property line of the proposed building site abuts only the rear property line(s)of one or more adjacent building site(s),in which case a ten-foot(10')projection into the rear yard setback area is permitted.In cases where the rear property line of a proposed building site is parallel and contiguous with segments of both the rear property line and the side property line of two or more adjacent building sites,no projection into the rear yard setback area is permitted.Additionally,no projection into the rear yard setback area is permitted if the side property line of the building site where a sport court or practice enclosure is proposed is perpendicular to the side property line of any other adjacent building site. (Ord.No.3066,§4,4-22-2024)