Question on Setbacks and Min Lot size

[cahbf]

Any knowledgeable feedback greatly appreciated, I tried to research this and can't find anything, it is upsetting me a lot so I just want some resolution.

 

I live in a corner lot in a deed restricted neighborhood.  So my back yard faced my neighbor's side of his house.  He moved, and a guy tore the house down and to everyone's surprise, this lot is somehow not in any deed restrictions (it's probably the only lot in a 16-square block neighborhood).  So they subdivided into two 2600 square foot lots and built massive, like 60-foot tall townhomes.  They put windows all along the side and no trees or landscaping, which looks right down on my pool and yard.  So this has been really upsetting.  But my questions are:

 

1.  Height.  Can you seriously build a 60-foot tower in the middle of a neighborhood (mostly 1 and 1.5 story houses)?  There are NO height requirements?

2.  Notice.  When they subdivided, I don't get any notice?  Especially since it's below the alleged 5000 foot minimum lot size in Houston (the prevailing lot size in the neighborhood is 7500).  I can't believe there's no notice even/

3.  Open space.  The new THs are 3 or 4 feet from the lot line.  I read that one way to allow a subdivision below the 5000 lot size is to have common open space.  Each of these homes has a small patio and then there appears to be a front and rear setback (maybe 15-20 feet).  DO the front and rear and sides, really count against the open space requirement?  Do the non-common patios?

 

I am actually not a NIMBY and support density (even though this is literally in my back yard and basically ruined my house), I am more curious than anything. It really shocked me that there would be no height restriction.  I wouldn't even care if it was next to me but unfortunately I am on (what I thought was a great) corner lot so by bad luck what would normally not be visible looms over my only private space.

[arche_757]

Should of fought this way earlier in the process, notices or not.  You can tell by the number of plumbing risers going up if its multiple homes or not, and the scale of construction didn't just sprout from 20'-0" to 60'-0" overnight!

 

Is it really 60'-0" from the ground to the top floor?  Typical floor-floor heights would be 12-14' so that's a 5 floor home!  Are they 5 floors?  I think CoHouston has a height limit on residential construction in some neighborhoods?  In fact I thought CoHouston actually had a 34' foot occupied floor height of single family residences (or townhomes)?  Maybe that's West U?  Not sure?

[cahbf]

I didn't say I wanted to fight it, I want to understand it.  Just because I think something is bad for me doesn't mean I want to fight it.  I don't know the height exactly but it is 4 floors of what appear to be about 15' each. I knew it was going to be townhomes and didn't care, I never imagined they would be that tall.  Near as I can tell, CoH doesn't regulate much with respect to size, setbacks, height, etc. I'm also troubled with how close to the lot line they are but I think there are no setbacks and they are using 3-4' to achieve their "open space" that allowed them to reduce the lot size, which makes the open space regs essentially worthless.  Anyway, that's why I'm asking, I could hire a lawyer but I figured the HAIFers would know and I'm trying to be at peace with it which would be undermined by me consulting counsel. 

[arche_757]

Call City of Houston Permitting

http://www.houstonpermittingcenter.org/

 

They're really good about answering questions (compared to much smaller cities with far less construction ongoing).  Who knows, this development may have changed things and the inspector may have missed them?

[Ross]

How do you know the lot isn't in any deed restrictions? If the restrictions lapsed, the owner at the time may be grandfathered out of them, but don't the new ones they take effect when the property is sold?

 

There is no Houston wide 5000 sq ft minimum lot size.

 

There had to be notice to all property owners within a certain distance when the lot was replatted, and you can't, as far as I know, subdivide a lot without a replat.

 

Which neighborhood is this in?

[cahbf]

It's in the BOCA deed restriction area, it is not covered.  My reading of the Housotn code is that within the loop if you subdivide less than 5000 feet you need to add "compensating open space".  The smaller the lot, the more open space, though none of the terms in the statute are defined and the square footage of open space is paltry, especially if setbacks are included.

[mollusk]

Ross and arche are correct.

 

If memory serves, the city's default height and setback restrictions are driven primarily by fire issues.  Unless there's a deed restriction against it, one can build up to the property line so long as the wall has a fire rating.  Likewise, occupied space over x height and/or level (I forget which and what the values are) triggers a fire sprinkler system requirement.

 

That said, the permitting office doesn't always communicate with the land use folks all that well.  I've seen a number of situations where permits were issued for construction that didn't even begin to comply with deed restrictions or other land use requirements.  Once the appropriate dime gets dropped, red tags start flying - and yes, the'll even require stuff to be torn out.