Many neighbors may have noticed the signs posted at 1802 Tattenhall regarding a plat variance application with the Houston Planning Department.

The reason for the plat variance is that the homes in Lazybrook along 18th St were originally built using a 20′ setback line from the 18th St right-of-way. This 20′ build line is the originally marked setback on the plats and are what is upheld by our deed restrictions.

In the time since the homes were built, the city of Houston re-classified 18th St as a “major thoroughfare” which requires a 25′ setback to any building. Because the construction addition planned at 1802 Tattenhall is proposed along the original 20′ build line but violated modern city requirements a variance request was required to obtain a city building permit.

There was a virtual hearing on 4/1/21 where the variance application was reviewed with the Houston Planning Commission. LCC president Ben Dolan attended on behalf of the Civic Club. The outcome of the hearing is that the Planning Commission granted the variance request, upholding the 20′ setback requirement per our existing deed restrictions and plat. This is good news for Lazybrook residents along 18th St, whose usable property would have been wrongly and unnecessarily restricted if a 25′ build line were required going forward.

See below for a copy of the letter detailing the City’s decision.

Below is the position of the Lazybrook Civic Club as it pertains to such variance requests.

Since comprehensive plans, by their nature, are general rather than specific, and subdivision platting is, by its nature, specific rather than general, it is inappropriate to apply new restrictions based on the city’s comprehensive plan for major thoroughfares over the existing Lazybrook subdivision platting.

Since the city’s revised major thoroughfare plan is in conflict with the Lazybrook subdivision deed restrictions, the comprehensive plan should be ignored and the deed restrictions should be followed.