Home At 905 W. 15 1/2 St.

[DMR]

Kylejack, I think we are both talking about the same middle section.  No, it was not going to have concrete.  JCR, which ordinance are you referring too?

Edited April 22, 2013 by DMR

[DMR]

JCR, yes your investigative inspector came by on Thursday.  It was nice to see him again.  We enjoyed a smoke together.  Told some stories and he was on his way.  Feel free to call him back anytime.  I always enjoy his company.  Obviously, no fine was issued.  Its kind of strange that you are driving by my house though.   

[august948]

Kylejack, I think we are both talking about the same middle section.  No, it was not going to have concrete.  JCR, which ordinance are you referring too?

I'd be curious to see the blueprints for a single-family home that has a foundation split in two like that (if they really exist).

[fwki]

I'd be curious to see the blueprints for a single-family home that has a foundation split in two like that (if they really exist).

 

O yes, it's all the rage east of here.  They route a creek right down the middle for cooling and food.  It's called an East Texas Duplex, but technically it's considered "single-family" since everyone is related.

Edited April 23, 2013 by fwki

[august948]

O yes, it's all the rage east of here.  They route a creek right down the middle for cooling and food.  It's called an East Texas Duplex, but technically it's considered "single-family" since everyone is related.

Lol...I was thinking more of a dog-run style house...

http://www.tshaonline.org/handbook/online/articles/cfd01

Maybe DMR is into historical Texas architecture.

[Angostura]

A permit search turns up several permits for 905A and 905B W. 15-1/2.  Appears original plan was to build two single-family homes w/ attached (prob front-facing) garages, not 4-6 townhouses.

 

Odd that CoH would permit this without checking for MLS restriction. Also, looks like it would need a re-plat to sell as two separate lots.

[JCR]

A permit search turns up several permits for 905A and 905B W. 15-1/2.  Appears original plan was to build two single-family homes w/ attached (prob front-facing) garages, not 4-6 townhouses.

 

Odd that CoH would permit this without checking for MLS restriction. Also, looks like it would need a re-plat to sell as two separate lots.

 

DMR now owns 901 next door.  The corner lot.

[kylejack]

Odd that CoH would permit this without checking for MLS restriction.

 

Not so odd if you've seen what they did to Spec's. Signed off on building plans, waited for Spec's to complete a $400,000 renovation, and then told them they were too close to a school.

 

http://www.chron.com/business/article/Spec-s-closes-Washington-Ave-store-after-license-1612240.php

[innerloop]

Not so odd if you've seen what they did to Spec's. Signed off on building plans, waited for Spec's to complete a $400,000 renovation, and then told them they were too close to a school.

 

And it's consistent with my experience when getting a permit to expand my garage.  The City person asked me if there were any restrictions against the project I was proposing.  I said no, signed an affidavit and that was it.  It was the truth so I didn't think too much about it at the time, but I'm pretty sure there was no follow up. 

[diggity]

Odd that CoH would permit this without checking for MLS restriction.

 

Not really.  I don't feel like they ever do.  It's pretty much up to the neighbors to let the city know.  

 

My folks have the same issue in Lancaster Place.

 

I think it's funny that the developer comes on here and tries to defend himself while completely ignoring the MLS issue.  There are always going to be people who think the rules don't apply to them.

[DMR]

What do you mean by MLS issue?  I though MLS was a realtor term for multible listing service. 

[august948]

Got a further clarification, it was not "deed restricted" but Lot Size, COH Ordinance No 2007-1061 that was approved for the 900 block of W 15TH 1/2 ST, Houston, Texas, 77008.  A neighbor has got the ball rolling with the permit office and Ellen Cohen's office.

From the above it looks like this is a lot size issue. Question is, does the lot size restriction permit two residences or not?

[JCR]

From the above it looks like this is a lot size issue. Question is, does the lot size restriction permit two residences or not?

 

No.  DMR was told this.  He then told my neighbor that he was building a single family home with an apartment above the garage behind the house.  Doesn't look like a SFH foundation, does it?

Edited April 23, 2013 by JCR

[august948]

No.  DMR was told this.  He then told my neighbor that he was building a single family home with an apartment above the garage behind the house.  Doesn't look like a SFH foundation, does it?

No. It doesn't look at all like a sfh foundation. If it really is (which I doubt) then this house will have serious foundation problems. Single slab foundations crack and shift all the time here. I can just imagine a house built on two separate foundations shifting one way on one side and another way on the other side.

[JCR]

He also might think he can get away with something like this: 617 & 619 Allston. http://www.city-data.com/harris-county/A/Allston-Street-4.html  House on one side and garage apt on the other.

 

 

[DMR]

JCR, I feel sorry for you.

[Subdude]

Reported content.  This isn't the place for search & destroy missions, so please respect others privacy by not describing their cars etc.  Some posted personal data has been edited.

 

 

[jamesw]

I think in this case MLS means minimum lot size.

[Angostura]

What do you mean by MLS issue?  I though MLS was a realtor term for multible listing service. 

 

 

MLS = Minimum Lot Size.

 

Houston has a process by which the residents of a particular block face can petition the city to establish a minimum lot size and/or minimum building line (setback). Information is here: http://www.houstontx.gov/planning/Neighborhood/prevailLotBldg.html

 

It appears that the 900 block of W 15-1/2 has done so, and the minimum lot size is 7366 s.f. (See App #228 in this Excel file).

 

I'm not sure if this is something that should have been disclosed to you at closing, but it looks like it's going to prevent you from subdividing the lot as (it appears) you originally planned.  However, I don't think that the MLS restriction precludes building a single multi-family structure, especially if you also have the corner lot next door.

[DMR]

Thanks for the clarification on MLS.  Yes, the minimum lot size is 7366 sqft.  Yes, it was disclosed in the title work when I bought the property.  I have never had any intentions of subdivided the property.  That effort would be pointless since the MLS wouldn't allow that to happen. 

[diggity]

However, I don't think that the MLS restriction precludes building a single multi-family structure, especially if you also have the corner lot next door.

 

That is my understanding as well.  Sometimes neighborhood deed restrictions will prevent this, but I don't think Shady Acres has those.

[RedScare]

Yeah, a nice 8 unit condo complex would be pretty cool there.

[diggity]

Yeah, a nice 8 unit condo complex would be pretty cool there.

 

my understanding is that MLS properties are limited to single family or duplexes but I would have to verify that.

 

Condos would obviously violate the intention of the regulation so I am sure they have addressed that.

Edited April 24, 2013 by diggity

[RedScare]

my understanding is that MLS properties are limited to single family or duplexes but I would have to verify that.

 

Condos would obviously violate the intention of the regulation so I am sure they have addressed that.

 

As of a few years ago they had not.

[diggity]

you may be right.  I couldn't find any reference to it and I found an article about the "condo loophole" in the ordinance.

 

I guess the good news is that nobody in their right minds would build condos over there...right?

[Angostura]

Thanks for the clarification on MLS.  Yes, the minimum lot size is 7366 sqft.  Yes, it was disclosed in the title work when I bought the property.  I have never had any intentions of subdivided the property.  That effort would be pointless since the MLS wouldn't allow that to happen. 

 

 

Just out of curiosity, the permits refer to "NEW DUPLEX RESIDENCE W/ ATT. GARAGES", is the plan to build a single building with two residences, like an up/down or left/right duplex?

 

Given the way the foundation forms are/were laid out, one could be forgiven for concluding that the intent was to build two separate free-standing houses.

[diggity]

I found the relevant code and it does appear to rule out the building of more than 2 dwellings.

 

Sec 42-194(k)

 

The following rules shall govern approval of subdivision plats, development plats and building permits for lots and tracts subject to a special minimum lot size requirement either adopted pursuant to this section, or to which subsection (j) applies:

(1)

For any lot and tract that was in use for single family residential purposes at the time the complete application for establishment of a special minimum lot size area was filed, the subdivision plat, development plat or building permit must provide only for the construction of not more than one primary dwelling unit and one secondary dwelling unit of not more than 900 square feet on a lot. Each lot must meet the minimum lot size requirement of this section.

[JCR]

I found the relevant code and it does appear to rule out the building of more than 2 dwellings.

 

Sec 42-194(k)

 

The following rules shall govern approval of subdivision plats, development plats and building permits for lots and tracts subject to a special minimum lot size requirement either adopted pursuant to this section, or to which subsection (j) applies:

(1)

For any lot and tract that was in use for single family residential purposes at the time the complete application for establishment of a special minimum lot size area was filed, the subdivision plat, development plat or building permit must provide only for the construction of not more than one primary dwelling unit and one secondary dwelling unit of not more than 900 square feet on a lot. Each lot must meet the minimum lot size requirement of this section.

 

Thanks for posting that.

[DMR]

diggity, I am surprised you found this ordinance as it not common knowledge.  Apparently, COH Planning Dept. was not aware of this ordinance either. 

[diggity]

I feel your pain DMR,

 

It's not a good situation for the neighborhoods or the developers when the city doesn't enforce (or isn't aware of) the rules in place.  The onus seems to be on the homeowners to keep track of all the listings in the neighborhood and make sure townhome builders aren't bidding on them.  I don't know why we can't make it so these sorts of things come up during the title search.  There are plenty of larger builders that have thought they could build townhomes in Lancaster place only to find out later that they can't.  Some might argue that they didn't do their due diligence but I think the system could be improved so that a buyer didn't get that far along before finding out they couldn't build.