HomeMy WebLinkAbout09202009 ZBA Decision 2009-08 SE Modify
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E , City of West University Place
A Neighborhood City
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Zoning Board of Adjustment q
City of West University Place, Texas ("City")
Docket No. 2009-08
DECISION TO GRANT A SPECIAL EXCEPTION
Address of building site: 3756 University Boulevard, West University Place,
Harris County, Texas
legal description of the building site: Reserve A Block 1 West University Elementary 'J
School Subdivision
Applicant: Houston Independent School District J~k
Decision or Action Requested: Special exception to modify decision docket 04-12 to
allow the addition of a temporary portable classroom building to the site
under Section 7-101, Note 3 of the Zoning Ordinance.
Notice, Hearing, Findings, Vote:
(X) Notice of hearing was given by: 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
d University Place, Texas.
(X) Hearing was held on : August 20, 2009
x (X) Required determinations have been made by the ZBA as follows: (i) the proposed special
exception will not cause any increase in on-street parking; (ii) the
t proposed special exception will not cause any substantial traffic
congestion; (iii) the proposed special exception will not cause any
substantial incre-se 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 i_s consistent with--and in harmony with--the general purpose
and intent of the Zoning Ordinance.
(X) Special determinations have been made by the ZBA as follows The accessory use and structure, as
specified and limited by this decision, is (i) subordinate and incidental to a lawful principal building and
use on the same building site, and (ii) necessary or convenient for a lawful principal use of such building.
(X) The vote was: 5 for; 0 opposed, to this decision.
Decision of the Zoning Board of Adjustment granting special exception (subject to all applicable appeals):
Under and subject to the City's Zoning Ordinance and applicable law, a special exception as specifically allowed
by Table 7-101, Note 3 of the Zoning Ordinance, is issued for the site identified above, as follows (describe extent
of the special exception with any conditions or limitations; describe the work contemplated by this decision):
This special exception amends the special exception previously issued under
Docket 04-12 (for West University Elementary School) to add the following to
the site plan approved for West University Elementary School: A one-story
temporary classroom building to be designed, installed and used as shown on
3800 University Boulevard • West University Place, Texas 77005-2899 0 713.66804441 0 www.westu.org
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the attached drawing (labeled CS1.0). This special exception is issued
until September 1, 2011.
Other Provisions:
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 PERMITS REQUIRED FOR THE WORK
CONTEMPLATED BY THIS DECISION MUST BE APPLIED FOR ON OR BEFORE THE 90TH DAY
FOLLOWING THE 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 ANNIVERSARY OF THE EFFECTIVE 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 STEP IS NOT ACHIEVED WITHIN A
PRESCRIBED TIME PERIOD---AND IF NO TIME EXTENSION IS GRANTED-THE WORK IS NO
LONGER AUTHORIZED, AND THIS DECISION BECOMES 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
1 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.
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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 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 & Administrative Remedies: This decision takes effect on the date it is filed in the Board's office (c/o
Secretary of the Zoning Board of Adjustment, 3800 University Boulevard, Houston, Texas 77005), unless otherwise
indicated above. 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. The rules of the Board allow re-hearings in
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certain circumstances. As additional administrative remedies: (1) the pemiittee/applicant may able to apply for a different
interpretation, variance, or special exception, and (2) any person may request that the City consider an amendment to the
Zoning Ordinance; see Article 11, which indicates that such requests should be submitted to the Zoning & Planning
Commission.
ZONING BOARD OF ADJUSTMENT, vt "
CITY, r WEST UNIVERSITY PLACE, TEXAS
By: I
Presiding Officer, Zo ing hoard of Adjustment
STATE OF TEXAS
COUNTY OF HARRIS y~ ` n /
This instrument was acknowledged before me on (date) by l~ ltt Y V
(name) as Presiding Officer of the Zoning Board of Adjustment of the City of West University Place, Texas.
,gilE M 0~ ~
joe 22.2013
(SEAL) \M n
' My commission expires: c-A IJ ~7~~. " \ t 1~ ~'v
Notary Public
This instrument was filed in the Board's office on 0, and, if a mailing list is
attached, copies were mailed to the persons on the list on _n/a
By:
Nam
Title. i
After recording return to:
Sallye A. Clark
Secretary, Zoning Board of Adjustment
City of West University Place
3826 Amherst Street
Houston, Texas 77005
(Phone 713-662-5843)
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HARRIS C0114TY. TEXAS
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