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Planning Commission defers decision on 1133 Merrill Street after neighborhood objections and deed-restriction questions
Summary
The commission deferred action on a requested conversion and building-line variance at 1133 Merrill Street after neighborhood groups, a property owner and the Woodland Heights Civic Association raised deed-restriction and use concerns; staff asked for legal review.
The Planning Commission deferred consideration of a request at 1133 Merrill Street to convert a house to a family-law office and to modify building-line requirements. Staff recommended deferral to allow additional legal review of deed restrictions and to reconcile public notice and use questions.
Ed Buckley of the planning department presented the item and recommended further study and legal review. The applicant and property owner, represented by design professional Aaron Ladday and owner Bas (Bash) Sharma, said the proposed changes are limited and that the existing structure already encroaches on the building line; they argued a small lateral extension would not increase the footprint toward the street and that accessibility improvements would be added.
Michael Graves, president of the Woodland Heights Civic Association, and neighbor Kevin Bates both urged the commission to defer or deny the request, citing deed restrictions in the Norhill Annex that they said preserve residential use and building-line standards. Graves submitted a letter from the association's deed-restrictions director outlining the opposition.
Legal staff noted that the commission has received two competing attorney opinions about whether deed restrictions apply to the lot: one opinion concluded the replatting or recorded materials show a restriction that would prohibit the conversion; another attorney for the property owner argued the lot was carved out in a way that allows the proposed use. The commission deferred the item to allow legal staff time to reconcile the conflicting opinions and to verify notice and permit-related questions.
Why it matters: The item raised a question that frequently arises in established Houston neighborhoods: whether recorded deed restrictions or city ordinance requirements control permitted uses and building lines. Because deed restrictions are private covenants, their enforceability can depend on the precise recording history and prior legal rulings.
Details and context: Speakers included the applicant's design professional (Aaron Ladday), the property owner (Bas Sharma), the Woodland Heights Civic Association president (Michael Graves), a neighbor who said he had collected signatures in opposition (Kevin Bates), and staff (Ed Buckley). Legal staff indicated they had not completed their review at the time of the meeting and recommended deferral so the same attorney who previously reviewed a nearby case could be consulted to maintain consistency.
Next steps: Legal staff will reconcile the competing opinions and confirm whether notice and permit history raise additional issues; the item will return to a future agenda after that review.
