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Home My WebLink AboutZBA Decision 2005-03 Var Yard/Height~ , ~ ~ Cit of ~est Uni~ersit Place _ y y A Neighborhood City ' ~ Recyelad Paper Form ZON-201 dec granting variance, 12-04 Zoning Board of Adjustment ~~Q~~ City of West University Place, Texas ("City") y7353S6 ~ ~° ~ 09/41/OS 300d8d8S1 Docket No:05-03 840.Q0 ~ ~~ DECISION GRANTING A VARIANCE ~ ~ Addressofbuildii:gsite: 6218 Auden; 3821, 3831, 3835 and 3836 Amherst; 3804 and 3810 Milton; and Lots il, 13, 14 and 15, Block 15, ~. Collegeview Addition, Section 3, City of West University Place, Texas 77005 Legaldescriptio~eoftliebui[dingsite: (see attached list of legal descriptions) Applicant.• Harry Craig, Trustee, West University Baptist Church /(~~ . Decision orActio~: Requested: Grant variance for yard encroachment and height of new building ° ~~ Notice, Heariug, Determinatiofes, Vote: ~ (X) Notice of hearin~ was given bv: 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 ~ LTniversity Place, Texas. ~ (X) Hearin~ was held on : March 17 , 2 0 0 5 ~ (X) Required findin~s and determinations have been made by the ZBA as follows: (i ) due to special ~I conditions, a literal enforcement of the Zoning Ordinance provision ~ identified below would result in unnecessary hardship, (ii) by granting this variance, the spirit of the ordinance is observed and substantial ~~ justice is done, and (iii) this variance is not contrary to public ~~ ~ interest. () Additional findings and determinations (if any) have been made, as follows: (N/A) (X) The vote was:~for, ~against this decision. Decisio~: of t/ie Zo-iiiig Board of Adjustneent granting• varia~zce (subject to all applicable appeals): Under and subject to the City's Zoning Ordinance and applicable law, a variance from Table 7-2 ( structures in side and rear yard) and Table 7-4b (35-foot height limit) oftheZoningOrdinanceis granted for the site identified above subject to the following: . (1) Encroachments into yard areas are allowed only to the extent indicated in Exhibit B. VARIANCE, Page 1 3800 University Boulevard • West University Place, Texas 77005-2899 • 713•668~4441 • www.westu.org - (2) The height of the structure nearest Amherst Street must be •~' limited to 26 feet, as indicated in Exhibit C; no other part of the . _ new educational building/gymnasium may exceed 43 feet above standard ' • base level. (2) Within 90 days following the effective date of this decision, the applicant must submit, for review and approval of the building official, a traffic and parking analysis by a traffic engineer (or other qualified professional) including within its scope the following: --- Results and data obtained from the City's on-going traffic study, if applicable, together with any comments or recommendations on behalf of the applicant. --- Dimensions of emergency accessways, parking spaces, walkways, driveways, maneuvering areas, loading space, etc. and certification as to whether they comply with the detailed requirements of the Zoning Ordinance. If any of them does not, the report should indicate whether an additional application to the ZBA will be forthcoming to address those requirements. --- A proposed pedestrian and vehicle circulation plan for weekday operations, including day-care dropoff and pickup. Within 90 days following submission of the foregoing report: (i)the applicant must either install or provide all emergency accessways, parking spaces, walkways, driveways, maneuvering areas, loading space, etc. required by the Zoning Ordinance or submit an additional application to the ZBA to address those requirements; and (ii) the applicant must implement the pedestrian and vehicle circulation plan for weekday operations, including day-care dropoff and pickup, as approved by the building official, and thereafter maintain it in effect while this special exception is in effect. (3) All lights on the applicant's property must be constructed and a maintained so that the bulb or light source is not visible from ' eyelevel at any point on any of the residential property within 200 feet of the site of the building site for the new building. Otlzer Provisions: THIS DECISION SHOULD BE RECORDED IN THE HARRIS COUNTY REAL PROPERTY RECORDS, AND TAE COST MUST BE PAID BY THE APPLICANT. ~ UNT.ESS OTHERWISE SPECIFIED IN THIS DECISION, ALL PERMITS REQUIItED FOR THE WORK ' CONTEMPLATED BY THIS DECISION MUST BE APPLIED FOR ON OR BEFORE THE 365T" DAY • FOLLOWING THE EFFECTNE DATE OF THIS DECISION, AND SUCH WORK MUST BE COMPLETED VARIANCE, Page 2 IN ACCORDANCE WITH SUCH PERMITS (AND ALL APPLICABLE REGULATIONS) ON OR BEFORE TI~E ~'HIRD ANNIVERSARY 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 WITHIlV 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 ADDTTIONAL NOTICE OR HEARING. THIS DECISION APPLIES ONLY TO THE SPECIFIC ZONING ORDINANCE PROVISION IDENTIFIED ABOVE. IT DOES NOT APPLY TO OR AFFECT: (A) OTHER REQUIltEMENTS(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 MiJST SEPARATELY APPLY FOR AND RECENE APPROPRIATE PERMISSIONS FROM THE BUTLDING & 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. IT DOES NOT APPLY TO ANY OTHER ASPECT, USE OR PART OF THE SITE OR STRUCTURE IN QUESTION, NOR DOES IT APPLY TO ANY OTHER ACTNITY, STfE OR STRUCTURE. TO OBTAIN A RULING FOR ANY OTHER TTEM 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 REMAIlVS IN EFFECT FOR AN INDEFINITE PERIOD, UNLESS A TEMPORARY OR FIXED PERIOD IS INDICATED ABOVE. THIS DECISION REMAINS SUBJECT TO THE REGULATORY NRISDICTION OF THE CITY. IT MAY BE AMENDED OR REVOKED. THIS DECISION GRANTS NO PROPERTY RIGHT OR VESTED RIGHT OF ANY ICIlVD. ~j Effective Date & Appeals: Subject to any applicable appeals, this decision takes effect on the date it is filed in the I Board's office (c/o 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, petitions for judicial review must be presented within 10 days after the date this decision is filed in the Board's ~ office. ~ ZONING BOARD OF ADNSTMENT, CIT WEST ERSITY PLACE, TEXAS ;'~ ~ ~~ . By: Presiding Of c oning Board of Adjustment VARIANCE, Page 3 STATE OF TEXAS COUNTY OF HARRIS This instrument was acknowledged before me on (date) by Q.r~ ~ ame) as Presiding Officer of the Zoning Board of Adjustment o the ity of West University Place, Texa . ~ ~ (SEAL) """''~ SALLYE A. CLARK - ''~ MY COMMISSION EXPIRES M~~,,,,~ MAY 18, 2006 My commission expires: ~ I~ ~L OO~ ' Notary Public This instrument was filed in the Board's o~ce on V 3~ ~ , and, if a mailing list is attached, copies were mailed to the persons on the list on ~ By: Name: ~" ', 4' ~ /J~ ~~~v Title:. ~,~~~ ~er recording return to: Sallye A. Clark, Planning Assistant Secretary, Zoning Board of Adjustment City of West University Place // // / VARIANCE, Page 4 4 3826 Amherst Street Houston, Texas 77005 (Phone #:713-662-5843) ; , d .~ ~ E H P4 H ~ ~ ~ Z 0 F~- J F~ wT'.' l~a ~i.'c,; .~vJ ~ls N~ane Y ) Z ~ O. W H ~ ~ ~ ~ f/) ~ W 2 Q .a~` ~ri ~'~ \ • V H N ~ ~ ~~ M1 ~~ 1 ~1 ~ ~ ~ I ~ P~ !~ ~ ~' ~~ . f/~ ~ ~ ~- W 2 ~ Q ~ W a w y ~i ~ ~ ~ ~ ~ 0 ~ ~ ~ ~ H ~ z ~ ~ u W l/'1 • ' ! \ ~~ V ~ ~~ `~ Legal Description of Land: V~ ( UU Il..e.) 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. 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. ~r ~ Nn PAOY~OM IEAEN r~1a~ 1~51~CI5 nE SNf, !IEN1N, Oa uSE OF n~ GESaI~ I~AI eFGIEE ~ COId! OR AACE IS INVGLO ND IMEIfOACEABIE UIOE~ FED9Ul UW. PR~EAI~ ---.- ` TME STATE OF TElt1y5 ~ COUNTYOFMARR~S~. ~~F~D'nFikNirnbC M~° • • ~ c o~m~~ ~n aj me; end rnc duh RE~• In he c, ~~~~~ of H~d~s Counry, Teus on • ~ C''' pffiMl PuElk Rewrds o~ Re~l Prope~ryr ~•-~ j ~ ~ ' - ' 'c "'~v' SEP -1 2005 ~ - . ' , ,~,"""~~ ,~/ ~~~,~,~,~ ~ ~ ; ~: :-, ~~ = ''~~ - _ ,, ~-~: .o~ ~ . . . ~~,, * ~'• ~ ~nr,,F,us . _: ;:~.; `•~ :, crr ~ p REC~RC~rR'~ !~!i~a.904.4NpIJP.L• At the time of r~~~a-r3t~„ ;n,s ,~,5,,ument was founn lo cx~ inaaeq~, :,.E• ;~r :~~e ~~est ~1~~tp~raphic re~+rotluCt;ori ~~.ause r,.' ~!l,y,,;lity, Car~on or p~0io Cppy. a~scci4~e~ p;~p~r ~tc. A;f btockouts, t! e~nstrument was hled ai~d r~~~ed °t at the time °~ ~