HomeMy WebLinkAbout10152009 BSC Decision
(L=N) City of West 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: 4130 Marlowe Docket number: 2009-04
Legal Description of Site: TR IA BLK 18 Colonial Terrace Sec C
Building Permit Number: N/A
Permittee/Applicant: Steven L. and Gloria F. Getz
Decision or Action Requested or Proposed: Request a variance to Chapter 18, Section 18-200(a)(1) to allow a
fence to be constructed in the front portion of the lot.
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.
M 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 and Thomas Kearns.
OPPOSED: None. ABSTAIN: Frank Griffin.
Decision (subject to all applicable appeals):
• The Variance - The commission voted to grant a variance to build a black wrought iron
fence from the West corner of the house to the front property line then West along the front
3800 University Boulevard 0 West University Place, Texas 77005-2899 0 713066804441 0 www.westu.org
Page 2
BSC Decision, Docket 2009-04
property line to the intersection of the existing wood fence along Bissonnet for the life of the
existing structure, as it is currently subject to the following conditions:
• The fence shall be black in color.
• The material shall be wrought iron.
• The fence shall be six (6) feet in heig_ht..
• The fence pickets shall be no closer together than 3.5 inches.
• The fence shall remain only as long as the current structure remains as is, no additions or
accessory building.
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.
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: b : - -
Chair, Building and Stan s Commission
Bryant Slimp JOSM M OROSCO
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This instrument was acknowledged before me on (date) by Bryant Slimp, Chairman
for the Building and Standards Commission.
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Notary Public's Signature
(Personalized Seal)
Filed in the Board's office and forwarded to applicant on ~0~ by: Permit Technician Miss
Josie Orosco.
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