KIRBY HOUSE

8/20/2019 KIRBY HOUSE

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Houston Planning Commission ITEM: 131Planning and Development Department Meeting Date: 10/29/2015

D – Variances Site Location

Subdivision Name: Kirby Mansion

Appl ican t: Benchmark Engineering Corp.

SITE


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D – Variances Subdivision




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D – Variances Aerial



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SITE PLANSCALE: 1/16" = 1'-0"1

THE KIRBY MANSION - VARIANCE REQUEST

J A C K S O N & R Y A N A R C H I T E C T S

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NEW6'-0" WIDE SIDEWALKS;SIDEWALK PAVERS ARETO MATCH THENEIGHBORHOODBRICK PAVERS

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PARTIAL BUILDING SECTION - GRAY SSCALE: 1/8" = 1'-0"1

FIRST UPPER GARAGE LEVEL

ELEV: 16'-0"

FIRST TENANT LEVEL

ELEV: 96'-0"

TOP TENANT LEVEL

ELEV: 176'-0"

ROOF BASE LEVEL

ELEV: 190'-8"

G RAY ST. 3'-0"

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ELEV: -10'-0" GARAGE /OFFICE BUILDING

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PARTIAL BUILDING SECTION - PIERCE AVE.Scale: 1/8" = 1'-0"2

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ELEV: 16'-0"

FIRST TENANT LEVEL

ELEV: 96'-0"

TOP TENANT LEVEL

ELEV: 176'-0"

ROOF BASE LEVEL

ELEV: 190'-8"

P IERCE AVE. 8'-7"

6'-0" SIDEWALK

10'-0"

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PARTIAL BUILDING SECTION - BRAZOS ST.SCALE: 1/8" = 1'-0"1

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ELEV: 16'-0"

FIRST TENANT LEVEL

ELEV: 96'-0"

TOP TENANT LEVEL

ELEV: 176'-0"

ROOF BASE LEVEL

ELEV: 190'-8"

BRAZOS ST. 7'-0" 6'-0" 9'-0"

10'-0"

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1 4 ' - 8 " P E N T H O U S E

2 7 ' - 0 " R O O F A S S E M B L Y

FINISHED ROOF

ELEV: 217'-8"

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VARIANCERequest Information Form

Application Number: 2015-2229Plat Name: Kirby MansionApplicant: Benchmark Engineering Corp.Date Submitted: 10/19/2015

(Sec. 42-47 and Sec. 42-81)Specific Variance is being sought and extent of variance:To allow a reduced building setback from the required 25’ ft. to the requested 10’ ft. along Gray Street (a majorthoroughfare) in order to accommodate the need for the development and construction of a new fifteen (15) storyoffice/commercial tower that includes a few levels to be designated for a parking garage to serve project. The planningand design of the new office tower will take into consideration the preservation and update of the existing Kirby Mansionbuilding.Chapter 42 Section: Chapter 42 Reference: Section 150

Chapter 42 Reference:Sec. 42-150. - Building line requirement. (d) The following chart is a summary of certain building line requirements of thischapter and is intended for illustrative purposes only. In case of any conflict between the chart and the text of thischapter, the text shall control. Type of Street or Private Roadway- Major Thoroughfares Tract Description - In generalMinimum Building Line Requirement - 25 Feet

Statement of Facts(1a) The imposition of the terms, rules, conditions, policies and standards of this chapter would create anundue hardship by depriving the applicant of the reasonable use of the land; ORThe imposition of policies, standards, rules & regulations would create an undue hardship by limiting the land use andmarketability of the The Kirby Mansion project. The 10’ ft. building setback line along Gray Street will blend with thetypical pedestrian oriented streetscape of the adjacent downtown and midtown multi-mixed use of retail/commercialoffice and residential developments.

(1b) Strict application would make this project infeasible due to the existence of unusual physicalcharacteristics that affect the property in question, or would create an impractical development or oneotherwise contrary to sound public policy;Subject property is located within the boundaries of Midtown Management District. It is bound by Brazos Street to thewest, Pierce Avenue to the north, Smith Street to the east and Gray Street to the south. Midtown Park is located eastacross Brazos street from The Kirby Mansion. The current Kirby Mansion property owner purchased the property in 1992with the understanding that it was located within the City of Houston’s Central Business District in accordance withChapter 42 Section 7-c (11) of the City of Houston Code of Ordinances dealing with platting and development ofproperties. Said ordinance was approved by city council on October 23rd, 1985 under City of Houston Ordinance No. 85- 1878 that was recorded under Harris County Clerk’s File No. N253886 of the official Real Records of Harris County,Texas. This ordinance allowed zero (0) building setback lines along the streets immediately surrounding the property.The applicant recently learned that the City of Houston has since revised the boundaries of the CBD and according tothe current CBD map, the subject site is located just outside of the CBD limits. Such change has not been reflected onthe instrument of records as did in Ordinance No. 85-1878. The project which consists of 62,000 square feet is currentlyimproved with three (3) buildings. There are two ancillary buildings, one brick structure built in 1940 and one metallicstructure that was built in 1970, these two buildings will be demolished upon development. The main structure is a two(2) story office building of approximately 17,676 sq. feet that was constructed in 1892 by The Kirby Family for a businessoffice, this building will be preserved and will be updated and incorporated into the proposed development project. Dueto the fact that the main building, with an area of 17,676 sq ft. has a great historic value, it will remain for continued officeuse and will become an integral part of the new development. The existing structure occupies a substantial portion of theproperty that is considerably higher in area than the net area resulting from the reduced setback line area of 3,750 sq. ft.There have been a number of projects that were platted and constructed in the immediate vicinity of The Kirby Mansionwith varied reduced building setback line ranging from 0 to 5 & 10 feet. I t is noteworthy to mention that the MidtownCrossing subdivision to the south of The Kirby Mansion and across Gray Street has been previously platted utilizing a 10’ft. building setback line at Gray Street. Visibility triangle easements at all four corners of the property are depicted on theplat of The Kirby Mansion in accordance with Chapter 42-161.


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(2) The circumstances supporting the granting of the variance are not the result of a hardship created orimposed by the applicant;

The preservation and continued use

of

the existing Kirby Mansion office building is recommended due to

its s

tatus asa vitally important historical landmark to downtown and midtown neighborhoods.

(3) The intent and general purposes of this chapter will be preserved and maintained;

The spirit and purpose behind the adoption of Chapter 42 ordinance is to encourage compatibility with the neighborhoodcharacteristics. As such, the 10’ ft. building setback line will help The Kirby Mansion project upon development to blend

with the prestigious pedestrian streetscape of the adjacent development and properties thereby resulting in a desirousurban environment.

(4) The granting of the variance will not be injurious to the public health, safety or welfare;

As evident from the responses stated above in this application, the new office tower together with the existing KirbyMansion building will help improve the pedestrian-friendly ambiance and as such, it will not be injurious to the publichealth, safety and welfare.

(5) Economic hardship is not the sole justification of the variance.

This request is based on the owner’s desire to develop the property utilizing options to integrate the new office towerwith an existing office building that is of valuable historical nature that will cater to the promotion of a favorable urbansetting in the area. As such, this application is not based on economic hardship.

The distance between the back of curb and the property line at Gray Street is approximately 15 feet in width. The Developerwill reconstruct the sidewalk at Gray Street to meet the newly required 6’ ft. wide sidewalk by City’s Public Works &Engineering Department.

Upon review of prior deeds of the property, no restrictions for residential use were noted.

KIRBY HOUSE

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