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HomeMy WebLinkAbout12022005 BSC Decision_ ~'' 9, ~~. ..~,~~~:. Y946165 g20.4D ~~ 12/07J05 3~0740482 , ~ City of ~est University P1ace ~ ~~ A Neighborhood City ~ perycledPaper Building and Standards Commission ~ City of West University Place, Texas ("Cit}~') DECISION TO GRANT A VARIANCE ~• Address of Site: 3514 Amherst Docket number: OS-03 Legal Description of Site: Lot No. SA & SB Block 52 West University Place Section 2 ~~ `l~ ~~.~ Building Permit Nurnber: 03-1507 Perntittee/Applicant: Thomas H. Bay Decision or Action Requested or Proposed: Request for a variance. ~ Notice, Hearing, Fin.dings, vote: Variance Granted. ,.~y Motion: I make a motion to approve the variance as requested with the following four provisions: 1. If the unit in the attic is replaced, the servicing requirements of the mechanica] code must be complied with in ~ as much as is practicable. ~ 2. A copy of this decision is recorded with the deed in the real property records of Harris County, Texas. ( 3. This decision is made a part of the disclosure statement in the event this property is sold ~ 4. Add a plywood platform on the ceiling joists for access to the unit. ~ ( (X) Notice given as follows: Notice Posted on November 28, 2005 at 4:45 p.m. ,lJ~ (X) Hearing held on: December 2, Z005 ~} (X) Permissive Factors: In considering this variance, the BSC took the following into account these matters (if any): ~ () The variance will assist in the preservation of historic structures. (X) The application involves remedial work necessary to bring a structure into compliance with applicable ~ ordinances. ~ () There are other similar circumstances in existence. () Mandatory Factors. In considering this variance, the BSC took all the following into account: -Whether the applicant made an earnest, good faith effort to comply with the requirement. -Whether the applicant brought the matter to the attention of the City on his own motion, without intervention or enforcement action by any City official. -Whether alternative methods or procedures w;li achieve tr~e same, or substantially the same, result as Iiteral compliance with the requirement. (~ Required Findings. The BSC affirmatively finds all of the following: - The imposition of the requirement imposes an exceptional hardship upon the applicant. - No reasonable and feasible method or procedure is currently available to comply with the requirement . - The imposition of the requirement is unjustified because of good and sufficient cause demonstrated to the BSC. ~~- X The variance wil] not introduce or increase any threat to the public health or safety. X The variance is consistent with the purpose and intent of the ordinance in question. X The variance will not cause a nuisance and will not unreasonably interfere with the use of nearby property. ~~ X The variance will not cause a fraud to be worked upon the public or any individual. ]C The variance will not cause an increase in public expenditures or budgets. X The variance will not create an irreconcilable conflict with any other ordinance, law, rule or regulation. (X) Additional Findings: None. 3800 University Boulevard • West University Place, Texas 77005-2899 • 713•668•4441 • www.westu.org .-« ~ , Decision (subject to all applicable appeals): A variance from the Standard Code Schedule, The variance is granted to the permittee/applicant named above to allow an obstructed passageway to a mechanical unit in the attic of the two-story garage structure with the provisions as stated above. ~ This variance is for an indefnite period, unless a temporary period is indicated above. This variance remains subject to the regulatory jurisdiction of the City and it does not grant any property right or vested right of any kind. Page 2 BSC Decision, Docket OS-02 (X) The vote: FOR: Bryant Slimp, Dr. Peter l3enjamin, J. Denis Powers and Muddy McDaniel, Kevin McMahon. OPPOSED: None ABSTAIN: None. Motion: Variance Granted. Effective Date & Appeals: This decision takes effect on the date it is filed in the Board's office, unless otherwise indicated above. Any appeals of this decision are subject to and governed by applicable ordinances and laws. ~~ ~ ~ 4~ ~ ~ ~ ~ ~ ~ ~ By: !~ . /~ ~ Chair, Buildi g and Standar s ommission Bryant Slimp _ State of Te as County of r{1 S This instrument was acknowledged before me on~C .'rJ{~'l'~-~~.., (date) by Bryant Slimp, Chairman for the Building and Standards Commission. J~ -~ YY~. ~r~OSC~ Notary Public's Signature (Personalized Seal) i~i .10! M OIlO~CO Mb ~n~n~on ~ Jun~ ~~ ~009 ~ ~ This instrutn~x~t was ~i1Pd in the Bo~zrd's office on Decem .r 5; 2005. By: : J nifer Gonzales T le: rmit Technician After recording return tn: Jennifer Gonzales, Public Works Department Ciry of West U.niversity Place 3826 Amherst Street West University Place, Texas 770U5-283~,~~ ~~g ~~ pp~~~p~~ t1I ~ D9lf~NlUNY. ,~ ~ ~ ~~ ~S ~~~Yi~~kl~l~fA i~~lY` ~ .~ DEC - 7 2005 RECORDEI~'S MEMORANDUM 4t the time of recordation, this lnstrumeM wes found M be inadequate for the best photographk ~d~ ~ ~O~ , ~ ~~ „Q~~6~ ~_ __/ '~'~ ~'~"r~ reproduction because af illegibfli1y, carbon or 'b~ ~' ~~y~~ photo copy, discolored paper, etc. All blxkouts. HARRIS COIINTy TEXA6 addltions and changes were present at the LR;~ ~h@ insin~ment was h~ed and recorded. ' • : ~-.^.~' : , ' c-, - `~' ~ ~ '-- ~ ••~ , ~`: • ' .~ ~.f --, . . , ;, ~. - ~~ G+~ `, t~ ,,, .: :;