HomeMy WebLinkAboutZBA Decision 2005-01 Var. .-~.
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City of ~est Uni~ersity P1ace
A Neighborhood City
Building and Standards Commission
City of West University Place, Texas ("City")
DECISION TO GRANT A VARIANCE
Address of Site: 3115 Albans Avenue
Docket number: OS-Ol
Legal Description of Site: Lot 4& 5, Block 5, Subdivision Monticello, Recorded in Volume 7, Page 53 of Map
Records, County Harris, And State Texas.
Building Permit Number: 03-2346 Permittee/Applicant: Cameron Kreager with Cameron Builders
Decision or Action Requested or Proposed.• Request for a variance. A vertical return air would obstruct the
visibility of the living space or the bedroom space.
Notice, Hearing, Findings, Vode: Variance Granted.
Motion: I move after reviewing the required findings of the af.firmative criteria of the return air chase in the attic of
the quest living quarters, are met.
~Notice given as follows: Notice Posted on January 31s~, 2005 at 3:30 p.m.
Hearing held on: February 3'~, 2005
(X) Permissive Factors: In considering this variance, the BSC took the following into account these matters (if any):
() The variance wil] assist in the preservation of historic structures.
() The application involves remedial work necessary to bring a structure into compliance with applicable
ordinances.
() There are other similar circumstances in existence.
() Mandatory Factors. .In considering this variance, the BSC took all the following into account:
-Whether the applicant made an earnest, good faith effort to comply with the requirement.
-Whether the applicant brought the matter to the attention of the City on his own motion, without intervention or
enforcement action by any City official.
-Whether alternative methods or procedures will achieve the same, or substantially the same, result as literal
compliance
with the requirement.
() Required Findings. The BSC affirmatively finds all of the following:
- The imposition ofthe requirement imposes an exceptional hazdship upon the applicant.
-No reasonable and feasible method or procedure is currently available to comply with the requirement .
- The imposition of the requirement is unjustifed 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 wil.l not cause a fraud to be worked upon the public or any individual.
X The variance will not cause an inerease in public expenditures or budgets.
~ X The variance will not create an irreconcilable conflict with any other ordinance, law, rule or regulation.
3800 University Boulevard ~ West University Place, Texas 77005-2899 • 713•668~4441 • www.westu.org
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age 2
C Decision, Docket OS-O1
) Additional Findings: None.
(X) The vote: FOR: Bryant Slimp, David Flame, Dr. Peter Benjamin and Brian Hoogendam. OPPOSED: None
ABSTAIN: J. Denis Powers. Motion: Variance Granted.
Decision (subject to all applicable appeals): A variance from the Standard Code Schedule, International Building Code,
2000 Edition. The variance is granted to the pennit tee/applicant named above to allow the return air grill in the quest
quarters to remain at 31.15 A(bans Avenue.
This variance is for an indefiiiite period, unless a temporary period is indicated above. 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 off ce, unless otherwise indicated
above. Any appeals of this decision are subject to and governed by applicable ordinances and laws.
By.' n • ~ :~Id~ ~C/L' .
Chair, Buildi ' and Standar s mmission
Bryant Sli.mp
State of Texas
County of ~-lou-Yi S
was acl~ow~ed.ge~before me on o~ --1 - ~ 5 (date) by Bryant Slimp, Chairman
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Notary Public's Signature ~~' ~'''~-N~dtA ~ESTHER PERfZ • 'e
!~(Qtery'Public, Stete of Te~iee~re
(Personalized Seal) ' ~• ~ay;;••''My Commission Expjse;
Filed in the Board's office and forwarded to applicant on `~ ~~ j~ ~~~~ by: Plannin~ and
Development Assistant. Ms. Annette R. Arriaga
.