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Home My WebLink AboutZBA Decision 2005-03 SE Yard Encr~~ • ~ y , Cit of ~est Uniyersi P1ace y ~Y ' A Neighborhood City ' ~ Recycled Paper ' r:. ~~~~~ Zoning Board of Adjustment ~~~~' City of West University Place, Texas ("City") 09IOi/oS 00 88 ~~ s32.00 2~ Docket No. OS-03 J DECISION TO GRANT A SPECIAL EXCEPTION ~ (PNC STATUS FOR YARD ENCROACHIVIENT UNDER SECTION 12-102) Addressofbuildingsite: 6218 Auden; 3821, 3831, 3835 and 3836 Amherst; 3804 and 3810 Milton; and Lots 11, 13, 14 and 15, Block 15, ai Collegeview Addition, Section 3, City of West University Place, Texas 77005 Legaldescriptionofthebui[diiigsite: (see attached list of legal descriptions) Applicant: Harry Craig, Trustee, West University Baptist Church, Decision or Actioie Requested: Special exception to grant PNC status for old encroachments into cert~in yard areas. ~ ~'~ Notice, Hearing, Fi~:dings, Vote: ~ (X) Notice of hearin~ was iv~ en b~ regular and certified mail (to nearby property ~~ owners) and by posting on-site in accordance with Article 11 of the (~ Zoning Ordinance, by Sallye A. Clark, Planning Assistant, City of West ~ University Place, Texas. f~ (X) Hearing was held on : March 17 , 2 0 0 5 G°I (X) Required determinations have been made by the ZBA as follows: ( i) the proposed special ~ exception will not cause any significant increase in on-street parking; (ii) the proposed special exception will not cause any ~ substantial traffic congestion; (iii) the proposed special exception ~ will not cause any substantial increase in traffic; (iv) the proposed special exception will not cause an unreasonable burden upon utility systems or upon any other public facility or public service; (v) the proposed special exception is consistent with--and in harmony with-- the general purpose and intent of the Zoning Ordinance. (X) Additional findin s~(if anv): (i) The encroachments commenced before 1970 (so no findings about inadvertency, misrepresentation, etc. are required), (ii) The encroachments will not cause a substantial adverse effect on other persons. (iii) The encroachments do not create a significant health or s ety risk. (X) The vote was: ~ for; ~ opposed, to this decision.. Decision of t/ie Zoning Board of Adjusb~rent (subject to al[ applicable appeals): Under and subject to the City's Zoning Ordinance and applicable law, a special exception as specifically allowed by Section 12-102(e) of the Zoning Ordinance, is issued for the site identified above subject to the following conditions: . /~ 3800 University Boulevard • West University Place, Texas 77005-2899 • 713•668•4441 • www.westu.org +. Pag~ 2 (1) This special exception only applies to the following "PNC item": the existing building encroachments into certain yard areas, as marked on the attached Exhibit A(sketch showing existing building yard encroachments). (2) Such encroachments are hereby granted PNC status, subject to all provisions of the Zoning Ordinance. Ot/~er Provisions: THIS DECISION SHOULD BE RECORDED IN THE HARRIS COUNTY REAL PROPERTY RECORDS, AND THE COST M[JST BE PAID BY THE APPLICANT. UNLESS OTHERWISE SPECIFIED IN THIS DECISION, ALL PERMITS REQUIRED FOR THE WORK CONTEMPLATED BY THIS DECISION MUST BE APPLIED FOR ON OR BEFORE THE 90T" DAY FOLLOWING TI~ EFFECTIVE DATE OF THIS DECISION, AND SUCH WORK MUST BE COMPLETED IN ACCORDANCE WITH SUCH PERMITS (AND ALL APPLICABLE REGULATIONS) ON OR BEFORE THE SECOND AIVNIVERSARY OF THE DATE OF THIS DECISION. NO EXTENSION OF ANY PRESCRIBED TIME PERIOD IN THIS DECISION MAY BE GRANTED WITHOUT AUTHORIZATION FROM THIS BOARD. NEITHER ADDITIONAL NOTICE NOR HEARING IS REQUIRED FOR GRANTING A TIME EXTENSION. IF ANY WORK OR CONDITION IS NOT DONE WITHIN A PRESCRIBED TIME PERIOD--AND NO TIME EXTENSION IS GRANTED--THIS DECISION REMAINS IN EFFECT, BUT IT IS SUBJECT TO REVERSAL OR MODIFICATION BY THE BOARD WITHOUT ADDITIONAL NOTICE OR HEARING. THIS DECISION APPLIES ONLY TO THE SPECIFIC ZONING ORDINANCE PROVISION IDENTIFIED ABOVE. IT DOES NOT APPLY TO OR AFFECT: (A) OTHER REQUIREMENTS (SUCH AS, FOR EXAMPLE, REGULATIONS SITES, BUILDINGS AND OTHER STRUCTURES UNDER CHAPTER 6 OF THE CODE OF ORDINANCES, OR ANY OTHER PROVISIONS OF THE ZONING ORDINANCE), OR (B) PROPERTY RIGHTS OF THE CITY OR OTHER PERSONS OR ENTITIES (INCLUDING, FOR EXAMPLE, CITY PROPERTY AND EASEMENTS). THE APPLICANT MUST SEPARATELY APPLY FOR AND RECEIVE APPROPRIATE PERMISSIONS FROM THE BUILDING & STANDARDS COMMISSION, THE CITY COUNCIL OR OTHER BODIES THAT MAY HAVE AUTHORITY TO ACT ON SUCH REQUIREMENTS. THIS DECISION APPLIES ONLY TO THE SPECIFIC ITEMS DEFINED ABOVE. 1T DOES NOT APPLY TO ANY OTHER ASPECT, USE OR PART OF THE SITE OR STRUCTURE IN QUESTION, NOR DOES IT APPLY TO ANY OTHER ACTIVITY, SITE OR STRUCTURE. TO OBTAIN A RULING FOR ANY OTHER ITEM REQUIRES SEPARATE APPLICATION, NOTICE, HEARING, PROOF AND BOARD FINDINGS. NOTHING IN THIS DECISION IMPLIES THAT ANY SUCH FINDINGS WOULD ~~ OR WOULD NOT BE MADE BY THE BOARD. THIS DECISION REMAINS IN EFFECT FOR AN INDEFINITE PERIOD, UNLESS A TEMPORARY OR FIXED PERIOD IS INDICATED ABOVE. THIS DECISION REMAINS SUBJECT TO THE REGULATORY JURISDICTION OF THE CITY. IT MAY BE AMENDED OR REVOKED. THIS DECISION GRANTS NO PROPERTY RIGHT OR VESTED RIGHT OF ANY KIND. Effective Date & Appeals: Subject to any applicable appeals, this decision takes effect on the date it is filed in the Board's office (c% Secretary of the Zoning Board of Adjustment, 3826 Amherst, West University Place, Texas 77005), unless otherwise indicated above. Any re-hearing of this decision is governed by the rules of the Zoning Board of Adjustment. Any appeals of this decision are subject to and governed by applicable ordinances and laws, including: the Zoning Ordinance and Chapter 211, Tex. Local Government Code. Under Chapter 211, petirions for judicial review must be presented within 10 days after the date this decision is filed in the Board's office. ~ : Pa~e 2 , ZONING BOARD OF ADNSTMENT, CIT F UNIVERSITY PLACE, TEXAS By: Presiding er, Zoning Board of Adjustment STATE OF TEXAS COUNTY OF HARRIS (~ '1(~ y~ This instrument was acknowledged before me on D vJ (date) by 1 i rG. r~ ame) as Presiding Officer of the Zoning Board of Adjustment o the ity of West University Place, Texa (SEAL) ,~ SALLYE A. CLARK '~ ry~ MY COMMISSION EXPIRES ~ ,MAY 18, 2006 ~ ~ ~ ~ ~') ~ ~ ~ ~I ~ ~ ~i My commission expires: This instrument was filed in the Board's o~ce on were mailed to the persons on the list on ~ ~er recording return to: Sallye A. Clark, Planning Assistant Secretary, Zoning Board of Adjustment City of West University Place 3826 Amherst Street ~ ~ ~ Houston, Texas 77005 ~ (Phone #:713-662-5843) ~i~l . No ry Public and, if a mailing list is attachecl, copies Name: ~ By~ 'PlJ~ Title:. ~ ' ~ ~,}'d`"'~ ~ ~ l .~-J~ 1 j~~~- ~5-0 ~ - sc ~~~c tu~ ~~. Legal Description of Land: `,~ ~~~~0 y ~ ~~~ TRACT 3: Lots One (1) and Three (3) through Six (6), in Block Eighteen (18) of COLLEGEVIEW ADDITION, a subdivision in Harris County, Texas, according to the map or plat thereof, recorded in Volume 6, Page 44 of the Map Records of Harris County, Texas. ~ !r1 TRACT 4: Lots Ten (10), through Fifteen (15), in Block Fifteen (15) of COLLEGE VIEW ADDITION, SECTION THREE (3) a subdivision in Harris County, Texas, according to the map or plat thereof, recorded in Volume 572, Page 33 of the Deed Records of Harris County, Texas. TRACT 5: A parcel of land containing 1.4367 acres (62,582 square feet), more or less, being Lots 6, 7,8 and 9, College View Addition, Block Nineteen (19), as recorded in Volume 6, Page 44, Map Records, Harris County, Texas, and being Lot 9 and a portion of Lot 8, College View Third Addition Block Eighteen (18), as recorded in Volume 572, Page 33, Deed Records, Harris County, Texas, same being a portion of that certain tract conveyed from W.D. Haden et al, to West University Baptist Church, as also being a portion of that certain tract conveyed from W.D. Haden et al to George Lee et al, Trustees of University Baptist Church, as recorded in tract being situated in the A.C. Reynolds Survey, Abstract No. 61 in the City of West University Place, Harris County, Texas, and being more particularly described by metes and bounds on Exhibit "A" attached hereto and made a part hereof. TRACT 6: Lot One (1) in Block Nineteen (19) of COLLEGEVIEW ADDITION, a subdivision in Harris County, Texas, according to the map or plat thereof, recorded in Volume 6, Page 44 of the Map Records of Harris County, Texas. . . . ~'~` ~ ~ ~ ~ c_~ ' -~ . . . r.,~.,.~ ~ ,. ~ ~ ~ ~ Y ~ ~ ~~ tl ~~ ~ . .,~r ~..., 4~ I:: ( . ~ ,.\1 ~ ~, -.1 }' ~ ~ ~ ~ ~ . ~ 4' ~ , H :~ . H .~ . 2 ~ ~ : ~== ,' . ~~ L ~ ~ ~ i ~P~ ~ _ ~ g: ~ ~~ ~ ~ ' ~ 9 ~ ~ ~; 3 ~ ~ ~, ~ . ~ ~ ~ a ~ ~~ ~ ~!~ gelsal ~~' 7 `~ ~ . g ~ ~~ ~ y a,psj,' r5 ~~I'! a~ ~~~~~ ~ ~~`;;1~` ~ ~ +~ ~_~ ~a ~i9~9~~l~le~sfli~~aEi~~lIt~lllll~l j~p~~~+~~ ~~:~~~ ~# i ~ ~~,~ r~~~ ~ ~~ ~~~ =~ ~ ~~ ~•~J~ ° ~ 6 U ~ ~..~...~..~;........ ,~ ~~~~~ ~ !~a ~1~~ ~~ ' )~a~~~~ ~~ E ~I . ,~~~~~~ ~ ! . ,A'~~1_ ~ ~ ~ :.`.b ` . ~ i ~,~~ ~t~ c r ~ t ' ~ ~ ~ ~ 1: .... ~ ~...T.~~~~~~~_~~ ~~~~~~~~t~T~ -~ ~ ~~N ~ ~ ~ ~ ~ ~ i ~ iR~~- r- r~ r 1'-'~ r~ fa ~ r b~M ~r ~noo . ~ ~~ ~1 ~ REGORDER'S MEt,~QRANDUM: ~~ J~ fcund to be inadeGuaie ~nr tr~a bes! ph~ing~aphic reproductior, becat:se nf ~!!egih~;ity, carbon or ph0to topy, disca~ore~ aepei e6C. P,i; blockouts, sdditions and ohan~es warG prc~ent at ihe time tne instrument was fi1;:d and recoru~d. ~ ~ , ~~ ~ , :~ ;ri ~'~ ~~ ~ I • ~1 ~~ w: ~'y p . . . . Nh PAOYK~IO~N I~¢ElpI~ NMdI IEStpICtf DE SkE.119Iru. OR Il~f OF nE DES~IB~ RFu TH+~ E STATE OF TEX~AS OR A~CE q INIIlO ND U~ORCfAlIF 111~9! FEDFII~I UW COUNTIr Of HARRIS d le~al h 6ne~itrnped h~seon b~p ~d ~ d~RECO~ED k~i n~r~~. Olfldil PIIbNC ReWid10~ REtI P-Op~lh n( 4s..i~ r,,,,mq rens on SEP -1 2005 ~~a c~~ .o ~~~~- ~~ c~ couHn c~wc WIRRIS COUNTY TEXAS ~ ~