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Home My WebLink AboutZBA Decision 2005-15(1) SE, • ~ , City of ~est Uni~ersity P1ace A Neighborhood City ~:. . . • ~ Reoyeied ae~~ ". - Fomi ZON-203 dec granting special exception, 12-04 ~ 11I30/4S 30073~67493~ ~24.04 ~ ~ ;i Zoning Board of Adjustment `' City of West University Place, Texas ("City") ~ Docket No. OS-15 (1) I~''• ` '~ DECISION GRANTING A SPECIAL EXCEPTION Addressofbuildingsite: 3764 Arnold Street, West University Place, Texas 77005 / ~ Legal description of tl:e building site Lot six (6) , in block two (2) of Sunset Terrace, Section Seven (7), a subdivision in Harris County, Texas, r„~ ~ according to the map or plat thereof recorded in Volume 17, page 56 ~ of the map records of Harris County, Texas. ~ ~ ~ ~ Applicant: M. T. & Rebecca S. Arnold ~' t= ~ Decision orActio~: Requested: Applicant requests a special exception to allow ~ a garage to be 2.9 feet instead of 3 feet from the west property ~ line. This would be an encroachment of 1.2 inches. ~ ~ Briefi~:g, Notice, Heari~:g, Determinatior:s, Yote: ~ (X) (if reqacirec~ Notice of pre-application briefing given on N/A and briefing held on N/A, in accordance with the Zoning Ordinance. ~~ (X) Notice of hearing was given by: Mail and on-site posting, in accordance with Article 11 of the Zoning Ordinance, by Sallye A. Clark, Planning Assistant of the City. (X) Hearing was held on November 17 , 2 0 0 5. (X) Required findings and 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. SPECIAL EXCEPTlON, Page 1 3800 University Boulevard • West University Place, Texas 77005-2899 • 713•668•4441 • www.westu.org • ~ (X) Additional findings and determinations (if any) have been made, as follows: N/A (X) The vote was: ~ for,~ against this decision. Decision of the Zo~:i~:g Board of Adjustn:ent granting variance (subject to all applicable appeals): Under and subject to the City's Zoning Ordinance and applicable law, a special exception as specifically allowed by (identify the exact provision) Article 12. Prior Nonconformities, Section 12-102. Acquiring PNC status, (e) Certain Yard Encroachments of the Zoning Ordinance, is issued for the site identified above, but subject to the following: 1) Prior non-conforming status is lost if the structure demolished or alterations cause the removal of the encroachment. Otlaer Provisioi:s: THIS DECISION SHOULD BE RECORDED IN THE HARRIS COUNTY REAL PROPERTY RECORDS, AND THE COST MUST BE PAID BY THE APPLICANT. UNLESS OTHERWISE SPECIFIED IN THIS DECISION, ALL PERNIITS 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 IN ACCORDANCE WITH SUCH PERMITS (AND ALL APPLICABLE REGULATIONS) ON OR BEFORE THE SECOND 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 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 ZONIlVG ORDINANCE PROVISION ~ IDENTIFIED ABOVE. IT DOES NOT APPLY TO OR AFFECT: (A) OTHER REQUIltEMENTS (SUCH AS, FOR EXAMPLE, REGULATIONS SITES, BIJILDINGS AND OTHER STRUCTURES UNDER CHAPTER 6 OF THE CODE OF ORDINANCES, OR ANY OTHER PROVISIONS OF THE ZONIlVG ORDINANCE), OR (B) PROPERTY RIGHTS OF THE CITY OR OTHER PERSONS OR ENTITIES (Il~TCLUDING, FOR EXAMPLE, CITY PROPERTY AND EASEMENTS). THE APPLICANT MUST SEPARATELY APPLY FOR AND RECENE APPROPRIATE PERMISSIONS FROM THE BUILDING & STANDARDS COMMISSION, THE CITY COUNCIL OR OTHER BODIES THAT MAY HAVE AUTHORITY TO ACT ON SUCH REQUIlZEMENTS. 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, SITE OR STRUCTURE. TO OBTAIl~T A RULING FOR ANY OTHER ITEM REQUIlZES SEPARATE APPLICATION, NOTICE, HEARING, PROOF AND BOARD FINDINGS. NOTHING IN THIS DECISION IlVIPLIES SPECIAL EXCEPTION, Page 2 + y a THAT ANY SUCH FINDINGS WOULD OR WOULD NOT BE MADE BY THE BOARD. TH:IS DECISION REMAINS IN EFFECT FOR AN 1NDEFIlVITE PERIOD, UNLESS A TEIVIPORARY 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 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/o Secretary of the Zoning Board of Adjushnent, 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. r; ':: ~ ZONING BOARD OF ADNSTMENT, ~ ~;~~ ~ I G~ ~ CITY OF WEST ERSITY PLACE, TEXAS 1~ ~~~: ~-~ ~-~ ` ~ '' ' w ~•~ 7..~d t ~~. ~ Y T By Presiding Of i, Zoning Board of Adjustment °~~ ~`:'~r ~' ~=~ ., ~ , __. ~-'.. , ~ STATE OF TEXAS - ~ cr~ COUNTY OF HARRIS ~7 ~ This instrument was acknowledged before me on ~ I ~/ (date) by ma~ ~~ ._ name) as Presiding Officer of the Zoning Board of Adjustment of e ty of West University Place, Te s. r..~.~.. I~ ~"" SALLYE A. CLARK ' MY COMMISSION EXPIRES '~ MAY 18, 2006 ~ (SEAL) ~ ' n ^ ~~ My commission expires: lf ~J ~ This instrument was filed in the Board's office on attached, copies wer•e mailed to the persons on the list A er recordin return to: ~ ~ g Sallye A. Clark Secretary, Zoning Board of Adjustment Ciry of West University Place 3826 Amherst Street Houston, Texas 77005 (Phone ~:713-662-5843) SPECIAL EXCEPTION, Page 3 if a mailing list is ~p~r n~rorwoN ~p~~~stacts n~ wE. a~ru, a~ u~ o~ n~ o~~t TNE STA~ T~ OR AACE R NYKID rVq INIiO~BlE UNDEA F~III UN couNrr oF nnR~ ~~ ~' ew~M w~r~l w~~r fll~ N IM an uie OIAa~I Pu1Ne Ilaerd~ 1~ef q11~P1opif~r~0f M1~ ~nN~r~~ M Ale NOV 3 0 1005 ~ ~ `~~~~~~ ~ ~ CQUNT~I GLQtlt MARRIBCOU~R1',TRXAI _ . _ _ _ _ _ _ ~ ~ - w . v - ~ ~ ~ Title: e i ~ ~~(~l~he ~,..