FUNERAL BARS GET THEIR DAY IN COURT 
The long-simmering legal battle between 3 bars carved out of the remains of the former Settegast-Kopf funeral home on Kirby and 51 nearby residents is scheduled to go to trial next week. The residents and association of the David Crockett subdivision, which includes Roak, Hendricks Pub and Eatery, and OTC Patio Bar within its boundaries — as well as tony Ferndale, Virginia, and Lake streets west of Kirby — are seeking to enforce the neighborhood’s deed restrictions, which prohibit alcohol sales and activities considered a “nuisance.” In a countersuit, the bar owners are alleging racial discrimination, complaining that the neighborhood has not enforced the same restrictions on the Owl Bar and Cafe Express, both of which also serve alcohol. Bar attorney Paul Pilibosian tells reporter David Kaplan that the bars’ lease will expire in a year and a half. The bars do not currently have an option to renew, but Pilibosian says they are seeking ways to stay longer in their current locations. [Houston Chronicle; previously on Swamplot] Photo of Roak pool: Sarah Tressler
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Tag: Neighborhood Disputes
KNOCKING THE TREES AROUND PEGGY SHIFFICK PARK 
The duplex at 720 Bomar St. adjacent to East Montrose’s tiny Peggy Shiffick Park is back on the market, a week and a half after its prospective purchaser, developer Vinod Ramani of Urban Living, scaled back his plans to build 3 townhomes on the site (pictured at left) to just 2, and just a few days after backing out of the deal altogether. Some neighbors concerned the planned 3-1/2-story townhomes would clip a large portion of the branches and roots of the park’s signature oak tree had opposed 2 variance requests Ramani had submitted for the project. In the meantime, both Urban Living and neighborhood groups were alarmed to discover that city-contracted workers had severed the main roots of large trees on the property at the corner of Bomar and Crocker earlier this month while installing sewer-line connections. [Houston Chronicle; previously on Swamplot] Image: Urban Living
Buckhead Investment Partners’ Kevin Kirton tells former HBJ staffer Allison Wollam that his company plans to submit the latest version of the now-21-story apartment building known as the Ashby Highrise to the city for its already assured permitting approvals in the “very near future” — in time to begin construction late this year. Building the project, he says, should take 18 to 24 months — about the same amount of time it took the proposed development to obtain its original permit approval — 3 years ago. There’s pricing info in Wollam’s report, too:
How difficult will it be for developer Sandy Aron to fit the 6- or 7-story apartment complex he’s planning for the lakeside site of the shuttered Vargo’s Restaurant at 2401 Fondren into its peacock-filled Piney Point Village neighborhood? Last month the owner of Hunington Properties was forced to send plans for the complex back to the architects at the Steinberg Design Collaborative so that they could add an emergency vehicle lane inside the property — after residents of the 15-townhome community directly to the east voted to deny driveway access to the proposed development from Woodway. And last night other neighbors gathered in front of teevee cameras to voice general complaints about the plans for Vargo’s on the Lake, which according to abc13’s report has now been cut back to 288 units from 312. Deed restrictions established in the seventies will require the apartments to sit back 50 ft. from the lake on the property. Aron told the Houston Business Journal last month that he expected to close on the land — which he’s buying out of bankruptcy — in late August.
- Residents band to fight apartment project in Memorial Villages area [abc13]
- Building on smaller slice of the Vargo’s pie and Vargo’s site earmarked for apartment development [Houston Business Journal]
- Previously on Swamplot: The Messy End of Vargo’s Restaurant
Photo of Vargo’s back yard: Rolando Silva
University of Houston officials have asked Metro to move a portion of the Southeast Line, currently under construction, off its planned route — and off campus. Work on portions of the line on Wheeler and Scott streets near Robertson Stadium came to a standstill 2 months ago, West U Examiner reporter Michael Reed notes. Metro and UH officials have apparently been negotiating on the layout of the light-rail route since that time, but so far, according to Reed, there’s been no agreement.
Metro’s planned design for the line requires the transit agency to purchase a total of 4.48 acres of UH property, much of it in a strip along the eastern side of Scott St., just west of the stadium. A plan submitted to the Department of Transportation for funding last year shows the line and a Scott/Cleburne station on the east side of Scott St., on part of what’s currently a stadium parking lot. (The map, below, also shows that Metro adjusted the plan from a 2008 layout that would have eaten up more UH property.)
JUDGE TO HOA: YOUR POTBELLIED NEIGHBOR CAN STAY 
60-lb. porcine Spring resident Wilbur Sardo will not be exiled from The Thicket at Cypresswood subdivision — because his presence in the neighborhood does not violate the local deed restrictions, a Harris County judge ruled today. The pig’s attorney, HOA law specialist Mitchell Katine, tells Chronicle reporter Erin Mulvaney that the decision in the lawsuit filed by the animal’s owners marks “the first time a Vietnamese pot belly pig has been recognized as a pet in court.” The neighborhood’s community improvement association had argued that Wilbur counted as livestock, and was therefore prohibited. The Sardo family began an extensive media campaign around its quest to keep Wilbur after receiving a notice from the association last year that it would be subject to fines of $200 a day if it continued to keep their pet at home. [NewsWatch; previously on Swamplot] Photo: iWilbur.com
COMMENT OF THE DAY: HOW THE GAME IS PLAYED “This is awesome! This is what makes Houston entertaining. With no zoning rules in place, our residential landscape is essentially open to a free for all when it comes to building. Residents have little or no protection against what can go up right next to them. SO what do you do to protect your current neighborhood, you get creative and fight back. Just as the developer has as much of a right to build there, the community also has the right to reject or stop it any legal way they can.” [MericaRulz, commenting on A List of Gentle Ashby Highrise Protest Methods]
A LIST OF GENTLE ASHBY HIGHRISE PROTEST METHODS 
A settlement of its lawsuit with the city earlier this year guarantees that developers of the 21-story residential highrise planned for the corner of Ashby and Bissonnet (at right) next to Southampton will be able to receive building permits. But Culturemap editor Clifford Pugh reports that neighbors still opposed to the project have approved and sent a letter to the developers of the highrise at 1717 Bissonnet that includes a laundry list of the proposed tactics they plan to take to stop the project from being built — or to make things difficult for the company, Buckhead Investment Partners, if it proceeds with the project. Among them: filing their own lawsuit against the developers; appearing at the businesses and homes of the project’s investors and lenders (“as soon as we can identify [them]â€), contractors, and other service providers to demonstrate opposition; monitoring and reporting construction violations; picketing the building’s leasing office whenever it is open; sending regular communications to tenants “to let them know that they are not welcome in our neighborhood”; challenging the permits of the building’s restaurant tenant; boycotting the restaurant and — if it’s a chain — all of its other locations; appearing at the homes of the restaurant’s owners, investors, and chef to demonstrate opposition; and (possibly worst of all:) posting “unfavorable reviews” of the restaurant online. [Culturemap; more from the West University Examiner; previously on Swamplot] Photo: Candace Garcia Update, 10 pm: The most recent draft of the “open letter” has been toned down a bit, reports the Chronicle‘s Nancy Sarnoff. The new draft makes no mention of the homes of the project’s investors, lenders, contractors, and service providers, or its restaurant’s owners, investors, or chef; says the leasing office will be picketed only “regularly”; and (most notably) drops any suggestion that area residents might post negative restaurant reviews online.
MONTROSE DISTRICT BATTLE HEADS TO COURT 
The owner of a 6-unit apartment complex in Montrose has filed suit against the Montrose Management District, hoping a court decision will help shut down the taxing entity. A petition calling for the dissolution of the district was delivered to the organization’s managers last September. It contained 988 signatures — accounting for more than the required 75 percent of the district’s assessed property values, according to district opponents. But the district says the 75 percent threshold hasn’t been met, because its count includes the value of residential properties in the total. The lawsuit says including residences to figure the 75 percent threshold is “perverse,” since the district can only assess taxes on commercial property. [Houston Chronicle; more info; previously on Swamplot] Map: Stop the District
BIKE RACKS FOR INNER LOOP EATERIES 
Buried in Anvil owner Bobby Heugel’s long complaint about Houston Press coverage of possible neighborhood opposition to an application for an on-street valet parking zone for the Hay Merchant and Underbelly in the former Chances Bar space on Westheimer at Waugh: News of a new initiative sponsored by OKRA, the restaurant advocacy group he helped found. “We’re going to start providing complimentary bike racks to small restaurants and bars inside the loop, at our cost, to encourage alternative transportation in Houston. This is for OTHER restaurants and bars, not our own, which already have bike parking.” [Eating Our Words] Photo of Underbelly, 1100 Westheimer: Vinson
LAWSUIT CLAIMS PINEY POINT VILLAGE IS USING HUNTERS CREEK VILLAGE AS DETENTION POND 
A waterflow restrictor the city of Piney Point Village secretly installed in a new stormwater system it shares with Hunters Creek Village is now the focus of 2 separate lawsuits. The latest, filed last week, includes claims that the bricked-up storm drain — narrowing a culvert under Hedwig Rd. connecting the 2 Memorial villages from 36 to about 8 inches — effectively turns Hunters Creek Village into a stormwater storage facility for its downstream neighbor. Piney Point Village officials claim the restrictor prevents Hunters Creek from draining more water from Kemwood Dr. through the new culvert than the 2 municipalities had originally agreed upon. Rainstorms on January 9th and 25th flooded Kemwood with 4 ft. of water, which backed up into residents’ yards. Hunters Creek’s second lawsuit calls the narrowing of the culvert “deliberate sabotage” put in place to force the city to sign off on a drainage study. [Memorial Examiner] Photo of Kemwood at Hedwig Rd.: Rusty Graham
Neighborhood residents hoping to weigh in on the details of the proposed settlement announced 2 weeks ago in the lawsuit filed against the city of Houston by the developers of the proposed Ashby Highrise were greeted at last night’s meeting with Mayor Parker with news that the agreement had already been finalized. The settlement requires the city to approve and permit a 21-story mixed-use tower at 1717 Bissonnet St., as long as the predicted traffic it generates meets a few prescribed limits. The agreement also puts a few restrictions on traffic flows in and out of the building on separate driveways facing Bissonnet and Ashby St., and requires developers to build an 8-ft. fence and camouflage the 5-story parking garage behind it with greenery where the building backs up against homes on its south and east sides. Also included: some lighting and noise-mitigation requirements, and a free morning and afternoon weekday shuttle service for the project’s future residents to and from the Med Center.
A few homeowners in Katy’s Nottingham Country subdivision have now filed 2 separate lawsuits against Kickerillo Company, Inc. — the successor company to the firm that originally developed the subdivision in the 1970s. In 2010, Kickerillo transferred a strip of land along the southwest side of Mason Creek to the Harris County Flood District; the agency plans to build a 10-ft.-wide, $3.25 million trail along the waterway. The trail would allow bikers and hikers a clear path from the Kingsland Park & Ride on I-10 near Mason Rd. to George Bush Park. In a couple of news reports covering the controversy last year, Harris County Commissioner Steve Radack declared that the land along the waterway, which passes beyond the backyard fences of many Nottingham Country residents, now belongs to the county. A county attorney said that homeowners’ claims to the property resulted from a “misreading” of the plat.
In a letter sent to Southampton residents, Mayor Parker says she is recommending that the city settle the lawsuit filed against it by the developers of the proposed Ashby Highrise. “Unfortunately, the city has no legal basis for stopping” the building from being constructed, she writes: “Even success in the courtroom in the City’s litigation against the developers . . . would not halt the project, since the developers would still be able to proceed with their current permit application, which mirrors that which the city was compelled to approve in 2009.”
Instead, Parker writes that the settlement will allow the city to “ensure some control” over certain aspects of the multi-story residential tower: “It will also eliminate any possibility that the developers can build a project as large as that sought in 2007, or that the City may be subject to damages for its failure to approve that permit applications, either of which can happen if the City loses the current litigation.”
Walking by the vacant site on the corner of Binz and Chenevert on the way to Hermann Park, reader David Hollas notes that the large sign advertising a 75,000-sq.-ft. medical-offices-and-retail development planned for the site has been taken down. Meanwhile, the surrounding neighborhood has been peppered with Ashby-Highrise-style signs protesting Balcor Commercial’s planned 6-story Parc Binz building and parking garage at 1800 Binz St— and “hi-rise buildings” in general. Opposition to the development got some media attention last year, but Hollas has seen sign changes on the property before: “About 2 years ago, the signs offered the sale of townhomes that were to be built imminently, but never materialized. After a period of inactivity and weed growth, the city came and decked out the site with code violation placards. Eventually the site was mowed and trash removed, and the city signs and townhome signs disappeared.”
