HomeMy WebLinkAbout10152009 BSC Decision
(L=N) City of Nest University Place
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Building and Standards Commission
City of West University Place, Texas ("City")
DECISION TO GRANT A VARIANCE
Address of Site: 5410 Kirby Docket number: 2009-03
Legal Description of Site: LT 18 & TR 19A BLK 2 Evanston
Building Permit Number: N/A
Permittee/Applicant: Dave McMahon
Decision or Action Requested or Proposed: Request a variance for signage on an existing awning facing
Kirby
Notice, Hearing, Findings, Vote.
(X) Notice given as follows: Notice Posted on October 7, 2009 at 5:00 PM.
(X) Hearing held on: October 15, 2009 6:00 PM
(X) Mandatory Factors. In considering this variance, the BSC took all the following into account:
(X) Whether the applicant made an earnest, good faith effort to comply with the requirement.
(X) Whether alternative methods or procedures will achieve the same, or substantially the same, result as literal
compliance with the requirement.
(X) 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.
(X) The imposition of the requirement is unjustified because of good and sufficient cause demonstrated to the
BSC.
(X) The variance will 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.
(X) 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) The vote (on motion to grant): FOR: Bryant Slimp, David Flame, Karen Johnson, Frank Griffin and
Thomas Kearns. OPPOSED: None. ABSTAIN: None.
Decision (subject to all applicable appeals):
The Variance - The commission voted to grant a variance for the placement of one additional canopy sign on a
location other then the building face used for the relevant fagade area, facing Kirby subject to the following condition:
3800 University Boulevard 9 West University Place, Texas 77005-2899 • 713.66894441 • www.westu.org
Page 2
BSC Decision, Docket 2009-03
1. A permit to install the canopy sign is obtained and the display area does not exceed the display area
allowed based on the city sign code as published in Chapter 6 of the city code of ordinances.
This variance is for an indefinite period however it is subject to My Fit Foods signage only. 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 and the size
and location shall comply with the documents presented to the board.
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.
By:~~
Chair, Buildi g and Standards o. mission JOSE M OROSCO
Bryant Slimp My Conw tslm Expires
JW 22.2013
State of Texas
County of d I
This instrument was acknowledged before me on (date) by Bryant Slimp, Chairman
for the Building and Standards Commission.
T~\ -Q- YY).
Notary Public's Signature
(Personalized Seal)
Filed in the Board's office and forwarded to applicant on 1 ~~U C q , by: Permit Technician Miss
Josie Orosco.