HomeMy WebLinkAboutApplication FOR I USE ONLY
CASE NO,: 1
(kir-tr4
DATE SUBMITTED:I 9)Q
CITY OF COLLEGE STATION — I
Planning e4 DePelppmc t5arwicer
ZONING BOARD OF ADJUSTMENT APPLICATION u
irminwlsommimr
MINIMUM SUBMITTAL REQUIREMENTS:
z $150 Filing Fee
J Application completed in full.
Additional materials may be required of the applicant such as site plans, elevation drawings, sign details
and floor plans. The Zoning Official shall inform the applicant of any extra materials required.
r v �
Date of Preapplicatlon Conference; N/A
APPLICANT/PROJECT MANAGER'S INFORMATION (Primary Contact for the Project):
Name Emanuel H. Glockzin Jr.
Street Address P• O. Box 3144 City Bryan
State TX Zip Code 77805 E-Mail Address emanuel@edgproperties.net
Phone Number (979) 846-8878 Fax Number (979) 846-0783
PROPERTY OWNER'S INFORMATION:
Name Santour Court, Ltd.
Street Address 4500 Carter Creek Parkway,, Ste. 101 City Bryan
State TX Zip Code 77802 _ E-Mail Address
Phone Number (979) 846-8878 Fax Number (979) 846-0783
LOCATION OF PROPERTY:
Address 3907 Santour Court,, College Station, Texas
Lot 17 Block 14 Subdivision Edelweiss Gartens Phase Seven
Description if there is no Lot, Block and Subdivision N/A
Action Requested: (Circle One) Setback Variance ' Appeal of Zoning Official's interpretation
Parking Variance Special Exception
Sign Variance Drainage Variance
Other:
Current Zoning of Subject Property: Single Family
Applicable Ordinance Section:
Page 1of6
GENERAL VARIANCE REQUEST
The following specific variation from the ordinance is requested:
Waiver set-back requirement (see attached)
Corner Q •ara•e 4.5 . front to back and 7.s ft_width. .as shown on survey
This variance is necessary due to the following special conditions:
Special Condition Definition: To justify a variance, the difficulty must be due to unique circumstances
involving the particular property. The unique circumstances must be related to a physical characteristic of the
property itself, not to the owner's personal situation. This is because regardless of ownership, the variance will
run with the land.
Example:A creek bisecting a lot, a smaller buildable area than is seen on surrounding lots, specimen trees.
Note: A cul-de-sac Is a standard street layout in College Station. The shape of standard cul-de-sac lots are
generally not special conditions.
see attached plat
Due to the shape of the lot, and the unuasual configureation of the cul-de-sac, the
garage is-sli•,_ i.n a - - •n o e . e . a .ff- r • -, -
s.onsored development, and if the variance is not ggrranted it is a ••ssibilit .t
this could impact renting. to low-income famiIieswhic is e purpose o a e •eve opment.
The unnecessary hardship (s) involved by meeting the provisions of the ordinance other than financial
hardship is/are:
Hardship Definition; The inability to make reasonable use of the property in accord with the literal
requirements of the law. The hardship must be a direct result of the special condition.
Example; A hardship of a creek bisecting a lot could be the reduction of the buildable area on the lot, when
compared to neighboring prope.dies.
Santour Court is a City sponsored development for large low-income families. If the
variance is not granted, there could be a possibility that this unit could not be rented
to a low-income family,_ _and that was the purpose of this development.
The following alternatives to the requested variance are possible:
This variance will not be contrary to the public interest by virtue of the following facts:
Granting the,.variance .4 I not result in .eny hazard to. the public.
The applicant has prepared this application and supporting information and certifies that the
facts stated herein and exhibits attached hereto are true and correct. IF APPLICATION IS
FILED BY ANYONE OTHER THAN THE OWNER OF THE PROPERTY,APPLICATION MUST BE
ACCOMPANIED BYA POWER OF ATTORNEY STATEMENT FROM THE OWNER.
4 //
Signature of owner(or agent) or applic' t y ,Date
Page 2 of 6
11/18/2008 14:20 9798460783 PINNACLE HOMESTEAD PAGE 02
Re subm i41t I
(hries1641FQR OFFICE us>=ONLY
CASE NO.: 4011 .
DATE SUBMITTED: 11
CITY OF COLLEGE STATION or
Planning cf'-Deur/opmorSarrrirei (90
ZONING BOARD OF ADJUSTMENT APPLICATION
MINIMUM SUBMITTAL REQUIREMENTS:
$150 Filing Fee
Application completed in full.
Additional materials may be required of the applicant such es site plans, elevation drawings, sign details '
and floor plans- The Zoning Official shall inform the applicant of any extra materials required.
Date of Preapplicatlon Conference; N/A •
APPLICANT/PROJECT MANAGER'S INFORMATION (Primary Contact for the Project):
Name Emanuel H. Glockzin, Jr. _
Street Address P. 0- Box 3144 City Bryan,.
State TX Zip Code 77805 E-Mail Address, eranuel@edgprope-rt ies.net
Phone Number (979) 846-8878 Fax Number (979) 846-0783
PROPERTY OWNER'S INFORMATION:
Name Santour Court, Ltd.
Street Address _4500 Carter Creek Parkway, Ste. 101 City Bryan
State_TX — Zip Code 77802 E-Mail Address
Phone Number (979) 846-8878 Fax Number (979) 846--0783
LOCATION OF PROPERTY:
Address 3907 Santour Court, College Station., Texas
Lot 17 Block 14 Subdivision _Fdelweiss Gartens Phase Seven
Description if there is no Lot, Block and Subdivision N/A
Action Requested: (Circle One) Gtback Variance Appeal of Zoning Official's Interpretation
Parking Variance Special Exception
Sign Variance Drainage Variance
Other:
Current Zoning of Subject Property: Single rai-nily
Applicable Ordinance Section: 5.2.PesirZential Dimensional Standards
•
Page 1 of 5
11/18/2008 14:20 9798460783 PINNACLE HOMESTEAD PAGE 03
GENERAL VARIANCE REQUEST
The following specific variation from the ordinance is requested:
waiver set-back r-equi revent (see attached)
• - .ar 4.. rent • ..- � A iLf. •..).1 imp
7. Air
•
This variance is necessary due to the following specie!conditions:
special Condition Definition: To justify a variance, the difficulty must be due to unique circumstances
involving the particular property. The unique circumstances must be related to a physical characteristic of the
property itself, not to the owner's personal situation. This is because regardless of ownership, the variance will
run with the land.
Example:A creek bisecting a lot, a smaller buildable area than is seen on surrounding lots,specimen trees,
Note; A Cul-de-sac Is a standard street layout in College Station. The shape of standard cul-de-sac lots are
generally not special conditions.
see attached plat
e: to tie shy Q the ' t�!t:- ,c1Hturturasge,ji co ation of the cul-de-sac, the
.garage .issLi kit], in ti-a25' 'eas zt on one co xaerr, ma. ori
� ty of house conforms.
The unnecessary hardship (s) involved by meeting the provisions of the ordinance other than financial
hardship is/are:
Hardship Definition: The inability to make reasonable use of the property in accord with the literal
requirements of the law,The hardship must be a direct result of the special condition.
Example: A hardship of a creek bisecting a lot could be the reduction of the buildable area on the lot, when
compared to neighboring propgdes. e
pue tp ,the pear-.sua1 cqn icuratipn pt;' the ,c)-t and cde-sac_it was difficult to
measure the eA,seiient area, the city inspector .even missed the_measurement. All
The following alternatives to the requested variance are possible:other houses conform to setback.
This variance will not be contrary to the public interest by virtue of the following facts:
Cir ting 1 iafce .W )3qt .resplt in . ' • - `, to dM
The applicant has prepared this application and supporting information and certifies that the
facts stated herein and exhibits attached hereto are true and correct. IFAPPLICATIONIS
FILED BY ANYONE OTHER THAN THE OWNER OF THE PROPERTY,APPLICA77oN MUST BE
ACCOMPANIED BY A POWER OF ATTORNEY STATEMENT FROM THE OWNER. /
Signature of owner(or agent) or appir t Y •ate
PR902of6
GENERA. VARIANCE REQUEST
The following specific variation from the ordinance is requested:
Waiver set-back requirement (see attached)
CUrner of •ara.e 4.5 . front to back and 7.8 f w...dth .a own o _ e
•
• This variance is necessary due to the following special conditions:
Special Condition Definition: To justify a variance, the difficulty must be due to unique circumstances
involving the particular property. The unique circumstances must be related to a physical characteristic of the
property itself, not to the owner's personal situation. This is because regardless of ownership, the variance will
run with the land.
Example: A creek bisecting a lot, a smaller buildable area than is seen on surrounding lots, specimen trees.
Note: A cul-de-sac Is a standard street layout in College Station. The shape of standard cul-de-sac lots are
generally not special conditions. see attached plat
Due to the shape of the lot:, and the .unuasual configuration of the cul-de-sac, the
garage is slightly in the 25' easement on one corner, majority of house conforms.
The unnecessary hardship (s) involved by meeting the provisions of the ordinance other than financial
hardship is/are:
Hardship Definition; The inability to make reasonable use of the property in accord with the literal
requirements of the law. The hardship must be a direct result of the special condition.
Example: A hardship of a creek bisecting a lot could be the reduction of the buildable area on the lot, when
compared to neighboring properties.
pue to the unuasual configuration of the lot and cul-de-sac it was difficult to
measure the setback area, All other houses conform to the building setback_.
The following alternatives to the requested variance are possible:
This variance will not be contrary to the public interest by virtue of the following facts:
Granting the,.vaxiance .wll not result in inv hazard to the public.
The applicant has prepared this application and supporting information and certifies that the
facts stated herein and exhibits attached hereto are true and correct. IF APPLICATION IS
FILED BY ANYONE OTHER THAN THE OWNER OF THE PROPERTY,APPLICATION MUST BE
ACCOMPANIED BY A POWER OF ATTORNEY STATEMENT FROM THE OWNER.
• ;;P" (7/2;2---/"-
Signature of owner(or agent) or ap}aiic "t pate
Page,2 of 6
2(1
rr .
FOR OFFICE USE ONLY
CASE NO.:
DATE SUBMITTED:
CITY OF COLLEGE STATION
Planning c¢Development Services
ZONING BOARD OF ADJUSTMENT APPLICATION
MINIMUM SUBMITTAL REQUIREMENTS:
$150 Filing Fee
Application completed in full.
Additional materials may be required of the applicant such es site plans, elevation drawings, sign details
and floor plans. The Zoning Official shall inform the applicant of any extra materials required.
Date of Preapplicatlon Conference; N/A
APPLICANT/PROJECT MANAGER'S INFORMATION (Primary Contact for the Project):
Name Emanuel H. Glockzin, Jr.
Street Address P• O. Box 3144 City Bryan _
State TX Zip Code 77805 E-Mail Address emanuel@edgproperties.net
Phone Number (979) 846-8878 Fax Number (979) 846-0783
PROPERTY OWNER'S INFORMATION:
Name Santour Court, Ltd.
Street Address 4500 Carter Creek Parkway, Ste. 101 city Bryan
State TX Zip Code 77802 E-Mail Address
Phone Number (979) 846-8878 Fax Number (979) 846-0783
LOCATION OF PROPERTY:
Address 3907 Santour Court, College Station, Texas
Lot 17 Block 14 Subdivision Edelweiss Gartens Phase Seven
Description if there is no Lot, Block and Subdivision N/A
Action Requested: (Circle One) Setback Variar,ce, Appeal of Zoning Official's Interpretation
Parking Variance Special Exception
Sign Variance Drainage Variance
Other:
Current Zoning of Subject Property: Single Family
Applicable Ordinance Section: 5.2 Residential Dimensional Standards
Page 1 of 6
GENERAL VARIANCE REQUEST
The following specific variation from the ordinance is requested:
Waiver set-back requirement (see attached)
Corner of garage 4.5 ( rout to back) and 7 i; ft w;dth as Griown on aurvey
This variance is necessary due to the following special conditions:
Special Condition Definition: To justify a variance, the difficulty must be due to unique circumstances
involving the particular property. The unique circumstances must be related to a physical characteristic of the
property itself, not to the owner's personal situation. This is because regardless of ownership, the variance will
run with the land.
Example:A creek bisecting a lot, a smaller buildable area than is seen on surrounding lots, specimen trees.
Note: A cul-de-sac Is a standard street layout in College Station. The shape of standard cul-de-sac lots are
generally not special conditions.
see attached plat
Due to the shape of the lot and the unuasual confi• ation of the cul-de-sac, the
garage is slightly in the 25' easement on one corner, majority of house conforms.
The unnecessary hardship (s) involved by meeting the provisions of the ordinance other than financial
hardship is/are:
Hardship Definition; The inability to make reasonable use of the property in accord with the literal
requirements of the law. The hardship must be a direct result of the special condition.
Example: A hardship of a creek bisecting a lot could be the reduction of the buildable area on the lot, when
compared to neighboring properties.
Due to the unuasual configuration of the lot and cul-de-sac it was difficult to
measure the easement area, the city inspector even missed the measurement. All
The following alternatives to the requested variance are possible:other houses conform to setback.
This variance will not be contrary to the public interest by virtue of the following facts:
Granting ttie variance Will not result in any hazard to the p blic
The applicant has prepared this application and supporting information and certifies that the
facts stated herein and exhibits attached hereto are true and correct. IF APPLICATION IS
FILED BY ANYONE OTHER THAN THE OWNER OF THE PROPERTY,APPLICATION MUST BE
ACCOMPANIED BY A POWER OF ATTORNEY STATEMENT FROM THE OWNER. /
Signature of owner(or agent) ora Il j t / ate
Page 2 of 6
Corporations Section
("cc3E
p Phil Wilson
P.O.Box 13697 - � Secretary of State
Austin, Texas 78711-3697 �_II_ jltr)
Office of the Secretary of State
CERTIFICATE OF FILING
OF
Santour Court, Ltd.
File Number: 800846632
The undersigned, as Secretary of State of Texas, hereby certifies that a Certificate of Formation for the
above named Domestic Limited Partnership (LP) has been received in this office and has been found to
conform to the applicable provisions of law.
ACCORDINGLY, the undersigned, as Secretary of State, and by virtue of the authority vested in the
secretary by law, hereby issues this certificate evidencing filing effective on the date shown below.
The issuance of this certificate does not authorize the use of a name in this state in violation of the rights
of another under the federal Trademark Act of 1946, the Texas trademark law, the Assumed Business or
Professional Name Act, or the common law.
Dated: 07/20/2007
Effective: 07/20/2007
ASE o,
'Lr4 kro Waleow-t--
% 4Fro )1(
tr,),k, Phil Wilson
11
•• Secretary of State
fla
Come visit us on the internet at http://www.sos.state.tx.us/
Phone: (512)463-5555 Fax: (512)463-5709 Dial: 7-1-1 for Relay Services
Prepared by: Stephanie Webb TID: 10306 Document: 178999800002
07/20/2007 11:20 9798460783 PINNACLE HOMESTEAD PAGE 05
Form 207 — This space reserved for offiec use.
(Revised 01/06) «"-
t�(I(/.LU P' N
Return in duplicate to: stn:' -1',:y FILED
Secretary of State' F o'�' In the Office of the
P.O. Box 13697 Certificate of FormationSecretar�►. f State of Texas
Austin, TX 78711-3697JUL 2 0 2007
512 463-5555 Limited Partnership
FAX: 512 463-5709 Corporations Section
Filing Fee: $750
�. . .f. rl . ...,_..: :.. t. d 1. Y'}T',:. f�,°+, .i.', ;,d •''�I•!,,tl'��. "�F !"i+rel° ��i
The filing entity being formed is a limited partnership. The name of the entity is:
Santour Court, Ltd.
The name must contain the words"limited,""limited partnership,"or an abbreviation of that word or phrase. The name of n limited
partnership that is also a limited liability partnership must also contain the phrase"limited liability partnership"or"limited liability
limited partnership"or an abbreviation of one oi'those phrases.
I {•, ,7,i '";("� r ' 'Elegy 2faltrgfi's`l'e i � e ;,, r,n ,, .. Y � ' .
, 4 hhyY r rlV�a,r•,'j'�p'e� at}� d , � !�
0.11.7.'1J.� JCJCC llrtCt 4 A� i : .� r �., 4 1�' �y y ' 1 k•4�N !!...5.'77!'''!';!21.7'':':'''" Jb�1 r
n A. The initial registered agent is an organization (cannot be entity named above) by the name of:
OR
B. The initial registered agent is an individual resident of the state whose name is set forth below:
Elaina D. Glockziti
First Name MI. Last Nome
Suffix
C. The business address of the registered agent and the registered office address is:
4500 Carter Creek Pkwy., Sti.te 101 Bryan TX 77802
Street Address City State Zip Code
i',:',,' y ' "T; :4,41.*,(R14:: 01ffiuluM�HtyttiO+ f, 1 f4i A"
,Z
i(Sdict kris:EottleitlrCB�$a*%i it rtadEd� �oEtCHOViiirl� dib ����nt ` 1,
The name and address of each general partner are set forth below:
NAME:OF GOyEnnor,' rrtgONte;iii'wiii.iiie oi'$ii '3n` Rjvid'yerberilaN)Fiili 0,1;Ii na't 6otxV;.1^, " t
IF INNVIDUAL
l
OR first Name MI hast Nome Suffix
iF ORGANIZATION
PINNACLE HOMESTEAD MANAGEMENT, TNC.
Organization Nante
:
ADDRESS OP OVERNG PERSON -
� ;Get, , . � ,
P. O. Box 3189 Bryan i TX I USA 77805
.St'rcet or Mailing Address City
State Country Zip Code
Donn 207
4
07/20/2007 11:20 9798460783 PINNACLE HOMESTEAD PAGE 06
NAME OF COYE1Oui ( IERSO'A e r AY n "�v ri,i•r -n
t thi neirfe'oPof��r�n,� dr duei 'i en gdfr�I}�tioiy.�i�`hototK;)�,', ,�",'�' �! ,:r
IF WbIVInUAI,
First Name M L last Name
OR Suffix
IF ORGANIZATION
Organization Name
ADDRESS OF(:OVERNXN(:' LIRSON` • tri.: n v,rlh«wrS,i �+ttr>l� v P;r yw 4�� 4 < �'p
i �.,•� h. ` ifs n'�' n .n,'c�ia� V
Street or MMaalin
g Address City State Country Zip Code
j!,.1vAME OFGQVEXtNN:pERSON�`E to h ipote�iii� nd3 di�V;dp ! Pnn�o� r7r 3o*r1,I,'b�t'iiot bd3) '
IF INDIVIDUAL, ;ac
First Name M I Last Name Suffix
OR
IF ORGANIZATION
O,Ranizarion Name
AbbiRESs C•..k avE 11'C PERSCSI t'" �'u:�i tar ,,�,r, Fl � r , ;,:
Street or MailingAddress City Slate Country Zp Code
:ya+i ..u ..,. P� ; ,'.m•L,Idn.�..'r p' a .,1�1il,Y�l r:T+1t �' � ` �h�Rr•�!},}ldi• lAka �dW� PP's 1�.t°j.. °� !
The address of the principal office of the limited partnership in the United States where records are to
be kept or made available under section 153.551 of the Texas Business Organizations Code is:
4500 Caster Creek Pkwy., Suite 101 Bryan TX USA 77802
Street or Mailing Address City Stare Country Zip Code
U �ealE�fali� '
•f .. - `}( (,•`,��� ri'. � i�i$o..w {::f,i P c� Mr 7;ip �l'J✓?V' V� �', , � � + �r; �l,l i.•': -
Text Arca! [Thc attached addendum, if any, is incorporated herein by reference.]
•
+�iG�CfIVC�XIC��'1.blll)d '�S�e1litler�i4li;Od !3#1;Y��4r4f�w"t°A17�+{.yfF 1 ,"L
A. ® This document becomes effective when the document is filed by the secretary of state.
Folm 207 5
07/20/2007 11:20 9798460783 PINNACLE HOMESTEAD PAGE 07
B. ❑ This document becomes effective at a later date, which is not more than ninety (90) days from
the date of signing. The delayed effective date is:
C. ❑ This document takes effect upon the occurrence of the future event or fact, other than the
passage of time. The 90`x' day after the date of signing is:
The following event or fact will cause the document to take effect in the manner described below:
ff it M y4 u�u �i rL�1 ?ulr ul r 1 �r V'pµ
a � • �" k' �t:� � 1iin+•'�� yc A�G ��`'Ii1t� r� ,A���i�� ei1��riyAn', u ,p� � r� ;{ �� ''.I
The undersigned signs this document subject to the penalties imposed by law for the submission of a
materially false orfraudulent instrwnent.
Date: July 2Q 2007
Signature for each general partner:
Pinnacle Homestead Management, Inc.
By: ,Okt7,/,,„_Tha_L,
Elaina. D. Glockzin, President
Form 207
6
Corporations SectionPSE F Geoffrey S. Connor
P.O.Box 13697 , Secretary of State
Austin,Texas 78711-3697 04)k.off, 0
Office of the Secretary of State
CERTIFICATE OF INCORPORATION
OF
Pinnacle Homestead Management, Inc.
Filing Number: 800257750
The undersigned, as Secretary of State of Texas, hereby certifies that Articles of Incorporation for the
above named corporation have been received in this office and have been found to conform to law.
Accordingly, the undersigned, as Secretary of State, and by virtue of the authority vested in the Secretary
by law,hereby issues this Certificate of Incorporation.
Issuance of this Certificate of Incorporation does not authorize the use of a name in this state in violation
of the rights of another under the federal Trademark Act of 1946, the Texas trademark law, the Assumed
Business or Professional Name Act, or the common law.
Dated: 10/10/2003
Effective: 10/10/2003
a:Pt,
4;
`i,,,,;(1,1 /‘ CLOWIr
y,
Geoffrey S. Connor
Secretary of State
Come visit us on the interne at http://www.sos.state.tx.us/
PHONE(512)463-5555 FAX(512)463-5709 TTY7-1-1
Prepared by:Rosa Ruedas
FILED
In the OttIco of the
ARTICLES OF INCORPORATION Secroary of Stat, ref T;::,
OF OCT 10 2003
PINNACLE HOMESTEAD MANAGEMENT, INC.
Corporations Sect'77
The undersigned natural person of the age of 18 years or more, acting as incorporator of
a corporation under the Texas Business Corporation Act, hereby adopts the following Articles of
Incorporation for the Corporation:
ARTICLE I
The name of the Corporation is Pinnacle Homestead Management, Inc.
ARTICLE II
The period of its duration is perpetual.
ARTICLE III
The purpose for which the Corporation is organized is:
The transaction of any or all lawful business for which corporations may be incorporated
under the Texas Business Corporation Act.
ARTICLE IV
The aggregate number of shares which the Corporation shall have authority to issue is
100,000 shares with a par value of$1.00 per share.
ARTICLE V
The Corporation will not commence business until it has received for issuance of its
shares consideration of the value of $1,000.00 consisting of money, labor done or property
actually received.
CORP\0802\ ARTICLES OF INCORPORATION PAGE 1
ARTICLE VI
The address of the Corporation's initial registered office is 4500 Carter Creek Parkway,
Suite 101, Bryan, Texas 77802, and the name of its initial registered agent at such address is
Elaina D. Glockzin.
ARTICLE VII
The number of Directors constituting the Board of Directors shall be the number set forth
from time to time in the Corporation's Bylaws, but shall never be less than one. The initial
number of Directors shall be two, and the names and addresses of the persons who are to serve
as the initial Directors until the first annual meeting of the Shareholders or until their
successor(s) are elected and qualified are:
Elaina D. Glockzin
4500 Carter Creek Parkway, Suite 101
Bryan, Texas 77802
Emanuel H. Glockzin, Jr.
4500 Carter Creek Parkway, Suite 101
Bryan, Texas 77802
ARTICLE VIII
The name and address of the incorporator is:
Christopher J. Smitherman
Attorney At Law
1716 Briarcrest Drive, Suite 500
Bryan, Texas 77802
ARTICLE IX
LIMITATION OF LIABILITY
A director of the Corporation is not liable to the Corporation or its shareholders for
monetary damages for an act or omission in the director's capacity as a director, except that this
i article does not eliminate or limit the liability of a director for:
CORP\0802\ ARTICLES OF INCORPORATION PAGE 2
1. A breach of a director's duty of loyalty to the corporation or its shareholders;
2. An act or omission not in good faith or that involves intentional misconduct or a
knowing violation of the law;
3. A transaction from which a director received an improper benefit, whether or not
the benefit resulted from an action taken within the scope of the director's office;
4. An act or omission for which the liability of a director is expressly provided for
by statute; or
5. An act related to an unlawful stock repurchase or payment of a dividend.
The Corporation further adopts the provisions of Article 2.02-1 of the Texas Business
Corporation Act granting to the Corporation the power to indemnify its officers and directors and
to purchase indemnity insurance for same.
ARTICLE X
S CORPORATION STATUS
The capital stock of the Corporation may not be transferred to or owned by any person or
entity if such transfer or ownership would cause a termination of an election by the corporation
to be treated as an S corporation (or similar successor entity) under Subchapter S of the Internal
Revenue Code of 1986, as amended, or under any similar successor statute.
IN WITNESS WHEREOF, I have executed these Articles of Incorporation on this the 8th
day of October, 2003.
Christopher; . S itherman, Incorporator
CORP\0802\ ARTICLES OF INCORPORATION PAGE 3
BYLAWS
OF
PINNACLE HOMESTEAD MANAGEMENT, INC.
ARTICLE ONE
REGISTERED OFFICE
The registered office of the corporation is located at 4500 Carter Creek Parkway, Suite
101, Bryan, Brazos County, Texas 77802, and the name of the registered agent of the
corporation at such address is Elaina D. Glockzin.
ARTICLE TWO
SHAREHOLDERS' MEETINGS
2.01 Place of Meetings. All meetings of the shareholders shall be held at 4500 Carter
Creek Parkway, Suite 101, Bryan, Texas, or any other place within or without this State, as may
be designated for that purpose from time to time by the Board of Directors.
2.02 Time of Annual Meeting. The annual meetings of the shareholders shall be held
each year on the first business day of October. If this day falls on a legal holiday, the annual
meeting shall be held at the same time on the next following business day thereafter.
2.03 Notice of Meeting. Notice of the meeting, stating the place, day, and hour of the
meeting, and, in case of a special meeting, the purpose or purposes for which the meeting is
called, shall be given in writing to each shareholder entitled to vote at the meeting at least ten
(10) but not more than sixty (60) days before the date of the meeting either personally or by
mail or other means of written communication, addressed to the shareholder at his address
appearing on the books of the corporation or given by him to the corporation for the purpose of
notice. Notice of adjourned meeting is not necessary unless the meeting is adjourned for thirty
CORP\0802\ BYLAWS OF PINNACLE HOMESTEAD MANAGEMENT,INC. PAGE 1
(30) days or more, in which case notice of the adjourned meeting shall be given as in the case
of any special meeting.
2.04 Special Meetings. Special meetings of the shareholders for any purpose or
purposes whatsoever may be called at any time by the President, or by the Board of Directors,
or by one or more shareholders, holding not less than one-tenth (1/10) of all of the shares
entitled to vote at the meeting.
2.05 Quorum. A majority of the voting shares constitutes a quorum for the transaction
of business. Business may be continued after withdrawal of enough shareholders to leave less
than a quorum.
2.06 Voting. Only persons in whose names shares appear on the share records of the
corporation on the date on which notice of the meeting is mailed shall be entitled to vote at
such meeting, unless some other day is fixed by the Board of Directors for the determination of
shareholders of record. Each shareholder is entitled to a number of votes equal to the number
of Directors to be elected, multiplied by the number of shares which he is entitled to vote.
Voting for the election of Directors shall be by voice unless any shareholder demands a ballot
vote before the voting begins.
2.07 Proxies. Every person entitled to vote or execute consents may do so either in
person or by written proxy executed in writing by the shareholder or his duly authorized
attorney in fact.
2.08 Consent of Absentees. No defect in the calling or noticing of a shareholders
meeting will affect the validity of any action at the meeting if a quorum was present, and if
each shareholder not present in person or by proxy signs a written waiver of notice, consents to
the holding of the meeting, or approval of the minutes, either before or after the meeting, and
CORP\0802\ BYLAWS OF PINNACLE HOMESTEAD MANAGEMENT,INC. PAGE 2
such waivers, consents, or approvals are filed with the corporate records or made a part of the
minutes of the meeting.
2.09 Action Without Meeting. Action may be taken by shareholders without a meeting
if each shareholder entitled to vote signs a written consent to the action and such consents are
filed with the Secretary of the corporation.
ARTICLE THREE
DIRECTORS
3.01 Powers. The Directors shall act only as a board and an individual Director shall
have no power as such. All corporate powers of the corporation shall be exercised by, or under
the authority of, and the business and affairs of the corporation shall be controlled by the Board
of Directors, subject, however, to such limitations as are imposed by law, the Articles of
Incorporation, or these Bylaws, as to actions to be authorized or approved by the shareholders.
( The Board of Directors may, by contract or otherwise, give general or limited or special power
and authority to the officers and employees of the corporation to transact the general business,
or any special business, of the corporation, and may give powers of attorney to agents of the
corporation to transact any special business requiring such authorization.
3.02 Number and Qualification of Directors. The authorized number of Directors of this
corporation shall be two. The Directors need not be shareholders of this corporation or
residents of Texas. The number of Directors may be increased or decreased from time to time
by amendment to these Bylaws but no decrease shall have the effect of shortening the term of
any incumbent Director. Any directorship to be filled by reason of an increase in the number of
Directors shall be filled by election at an annual meeting or at a special meeting of shareholders
called for that purpose.
CORP\0802\ BYLAWS OF PINNACLE HOMESTEAD MANAGEMENT,INC. PAGE 3
3.03 Election and Term of Office. The Directors shall be elected annually by the
shareholders entitled to vote, and shall hold office until their respective successors are elected,
or until their death, resignation or removal.
3.04 Vacancies. Vacancies in the Board of Directors may be filled by a majority of the
remaining Directors, though less than a quorum, or by a sole remaining Director. The
shareholders may elect a Director at any time to fill any vacancy not filled by the Directors.
3.05 Removal of Directors. The entire Board of Directors or any individual Director may
be removed from office with or without cause by vote of the holders of a majority of the shares
entitled to vote for directors, at any regular orr special meeting of such shareholders called
expressly for that purpose.
3.06 Place of Meetings. All meetings of the Board of Directors shall be held at the
principal office of the corporation or at such place within or without the State as may be
designated from time to time by resolution of the Board or by written consent of all of the
members of the Board.
3.07 Regular Meetings. Regular meetings of the Board of Directors shall be held,
without call or notice, immediately following each annual meeting of the shareholders of this
corporation, and at such other times as the Directors may determine.
3.08 Special Meetings; Call and Notice. Special meetings of the Board of Directors for
any purpose shall be called at any time by the President or, if he is absent or unable or refuses
to act, by any Vice President or any Director. Written notice of the special meetings, stating the
time, and in general terms the purpose or purposes thereof, shall be mailed or telegraphed or
personally delivered to each Director not later than the day before the day appointed for the
meeting.
CORP\0802\ BYLAWS OF PINNACLE HOMESTEAD MANAGEMENT,INC. PAGE 4
3.09 Quorum. A majority of the authorized number of Directors shall be necessary to
constitute a quorum for the transaction of business, except to adjourn as hereinafter provided.
Every act or decision done or made by a majority of the Directors present shall be regarded as
the act of the Board of Directors, unless a greater number be required by law or by the Articles
of Incorporation.
3.10 Board Action Without Meeting. Any action required or permitted to be taken by
the Board of Directors, may be taken without a meeting, and with the same force and effect as
a unanimous vote of Directors, if all members of the Board shall individually or collectively
consent in writing to such action.
3.11 Adjournment - Notice. A quorum of the Directors may adjourn any Directors'
meeting to meet again at a stated day and hour. Notice of the time and place of holding an
adjourned meeting need not be given to absent Directors if the time and place is fixed at the
meeting adjourned. In the absence of a quorum, a majority of the Directors present at any
Directors' meeting, either regular or special, may adjourn from time to time until the time fixed
for the next regular meeting of the Board.
3.12 Conduct of Meetings. The President, or, in his absence, any Director selected by
the Directors present, shall preside at meetings of the Board of Directors. The Secretary of the
corporation, or in his absence, any person appointed by the presiding officer, shall act as
Secretary of the Board of Directors.
3.13 Compensation. Directors and members of committees may receive such
compensation, if any, for their services, and such reimbursement for expenses, as may be fixed
or determined by resolution of the Board.
CORP\0802\ BYLAWS OF PINNACLE HOMESTEAD MANAGEMENT,INC. PAGE 5
ARTICLE FOUR
OFFICERS
4.01 Title and Appointment. The officers of the corporation shall be a President, Vice-
President, Secretary, Treasurer, and such assistants and other officers as the Board of Directors
shall from time to time determine. All offices may be held by one person. All officers shall be
elected by and hold office at the pleasure of the Board of Directors, which shall fix the
compensation and tenure of all officers.
4.02 Powers and Duties of Officers. The officers of the corporation shall have the
powers and duties generally ascribed to the respective offices, and such additional authority or
duty as may from time to time be established by the Board of Directors.
ARTICLE FIVE
EXECUTION OF INSTRUMENTS
The Board of Directors may, in its discretion, determine the method and designate the
signatory officer or officers, or other person or persons, to execute any corporate instrument or
document, or to sign the corporate name without limitation, except where otherwise provided
by law, and such execution or signature shall be binding upon the corporation.
ARTICLE SIX
ISSUANCE AND TRANSFER OF SHARES
6.01 Certificates for Paid and Unpaid Shares. Certificates for shares of the corporation
shall be issued only when fully paid.
6.02 Share Certificates. The corporation shall deliver certificates representing all shares
to which shareholders are entitled, which certificates shall be in such form and device as the
Board of Directors may provide. Each certificate shall bear upon its face the statement that the
corporation is organized in Texas, the name in which it is issued, the number and class of
CORP\0802\ BYLAWS OF PINNACLE HOMESTEAD MANAGEMENT,INC. PAGE 6
shares and series, and the par value or a statement that the shares are without par value. The
certificates shall be signed by the President or a Vice President and the Secretary or an
Assistant Secretary, which signatures may be in facsimile if the certificates are to be
countersigned by a transfer agent or registered by a registrar, and the seal of the corporation
shall be affixed thereto. The certificates shall contain on the faces or backs such recitations or
references as are required by law.
6.03 Replacement of Certificates. No new certificates shall be issued until the former
certificate for the shares represented thereby shall have been surrendered and canceled except
in the case of lost or destroyed certificates for which the Board of Directors may order new
certificates to be issued upon such terms, conditions, and guarantees as the Board may see fit
to impose, including the filing of sufficient indemnity.
6.04 Transfer of Shares. Shares of the corporation may be transferred by endorsement
by the signature of the owner, her agent, attorney, or legal representative, and the delivery of
the certificate. The transferee in any transfer of shares shall be deemed to have full notice of,
and to consent to, the bylaws of the corporation to the same extent as if he had signed a
written assent thereto.
ARTICLE SEVEN
RECORDS AND REPORTS
7.01 Inspection of Books and Records. All books and records provided for by statute
shall be open to inspection of the shareholders from time to time and to the extent expressly
provided by statute, and not otherwise. The Directors may examine such books and records at
all reasonable times.
CORP\0802\ BYLAWS OF PINNACLE HOMESTEAD MANAGEMENT,INC. PAGE 7
7.02 Closing Stock Transfer Books. The Board of Directors may close the transfer
books in their discretion for a period not exceeding fifty (50) days preceding any meeting,
annual or special, of the shareholders, or the day appointed for the payment of a dividend.
ARTICLE EIGHT
AMENDMENT OF BYLAWS
The power to alter, amend, or repeal these bylaws is vested in the Directors, subject to
repeal or change by action of the shareholders.
Signatures and Attestation:
Adopted by the Directors on the 22nd day of October, 2003.
Elaina D. Glockzin, Director
Emanuel H. Glockzin, Jr., Director/
ATTEST:
Elaina D. Glockzin,
Secretary of the Corporation
CORP\0802\ BYLAWS OF PINNACLE HOMESTEAD MANAGEMENT,INC. PAGE 8
GENERAL VARIANCE REQUEST
The following specific variation from the ordinance is requested:
Waiver set—back requirement (see attached)
This variance is necessary due to the following special conditions:
Special Condition Definition: To justify a variance, the difficulty must be due to unique circumstances
involving the particular property. The unique circumstances must be related to a physical characteristic of the
property itself, not to the owner's personal situation. This is because regardless of ownership, the variance will
run with the land.
Example:A creek bisecting a lot, a smaller buildable area than is seen on surrounding lots, specimen trees.
Note; A cul-de-sac Is a standard street layout in College Station. The shape of standard cul-de-sac lots are
generally not special conditions.
see attached plat
The unnecessary hardship (s) involved by meeting the provisions of the ordinance other than financial
hardship is/are!
Hardship Definition: The inability to make reasonable use of the property in accord with the literal
requirements of the law.The hardship must be a direct result of the special condition.
Example: A hardship of a creek bisecting a lot could be the reduction of the buildable area on the lot, when
compared to neighboring properties.
The following alternatives to the requested variance are possible:
This variance will not be contrary to the public interest by virtue of the following facts:
The applicant has prepared this application and supporting information and certifies that the
facts stated herein and exhibits attached hereto are true and correct IF APPLICATION IS
FILED BY ANYONE OTHER THAN THE OWNER OF THE PROPERTY,APPLICATION MUST BE
ACCOMPANIED BY A POWER OF ATTORNEY STATEMENT FROM THE OWNER_
4.1/ ,�
Signature of owner(or agent) or., II . t ,'ate
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