HomeMy WebLinkAboutZBA Decision 2005-03 SE Church Use Time Extension
(LMN) City of West University Place
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Time Extension Decision
Date: 03-16-2006
Docket Number: 05-03 Church Use in SF district
Permittee/Applicant: Harry Craig, Trustee, West University Place Baptist Church
Time extension under an original decision of the Zoning Board of Adjustment dated
08/31/2005 for property at the following address: 6218 Auden; 3821, 3831, 3835 &
3836 Amherst Street; 3804, 3810 Milton & Lots 11, 13, 14 & 15, block 15 College view,
Section 3; West University Place, Texas 77005
(See attached variance - original decision and conditions apply)
The above-referenced decision prescribes deadlines for applying for permits and
completing work contemplated by the decision. The Zoning Board of Adjustment has
authorized the following extension(s): (check one or both and complete)
( ) The deadline to apply for all permits required for such work is extended from
, 20_ to , 20_.
(X) Time is extended to June 16, 2006 by minute entry on March 16, 2006.
The undersigned, as the administrative official under the Zoning Ordinance, hereby
grants the indicated extension(s).
By:
City Planner
City of West University Place
Fom ZON-208(6-07)
3800 University Boulevard 0 West University Place, Texas 77005-2899 0 713066804441 0 www.westu.org
0 City of West University Place
A Neighborhood City
® Recycled Paper
Zoning Board of Adjustment
City of West University Place, Texas ("City") / .3 w ~ ~`J ;B
Docket No. 05-03
Lib DECISION TO GRANT A SPECIAL EXCEPTION
(CHURCH USE IN SF DISTRICT)
Address of building site: 6218 Auden; 3821, 3831, 3835 and 3836 Amherst; 3804
and 3810 Milton; and Lots 11, 13, 14 and 15, Block 15,
Collegeview Addition, Section 3, city of West
University Place, Texas 77005
Legal description of the building site: (see attached list of legal descriptions)
Applicant: Harry Craig, Trustee, West University Baptist Church 4y,
Decision or Action Requested: Special exception to authorize existing church and
customary ancillary uses in single-family district
Notice, Hearing, Findings, Vote:
' (X) Notices of pre-application briefing were given.
(X) Pre-application briefing was held on February 25 and March 10, 2005
(X) Notice of hearing was given by: regular and certified mail (to nearby property
k! owners) and by posting on-site in accordance with Article 11 of the
Zoning Ordinance, by Sallye A. Clark, Planning Assistant, City of West
{ University Place, Texas.
(X) Hearing was held on : March 17, 2005
(X) Required 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.
(X) Additional findings (if anX)L Each of the accessory uses and structures, 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
tsuch buildin
(X) The vote was: _ for; _ 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 (identify the exact provision) Table 7-1 ("Uses") , including Note 3 of the Zoning
Ordinance, is issued for the site identified above subject to the following:
3800 University Boulevard e West University Place, Texas 77005-2899 • 713.668.4441 9 www.westu.org
Page 2
(1) SCOPE OF SPECIAL EXCEPTION
(a) Existing. Initially, this special exception authorizes:
(i) the existing church use of the building site and
structures shown on the attached sketch labeled "Exhibit
A," and (ii) the existing accessory uses and accessory
buildings specified and limited in Exhibit A.
(b) Proposed. After construction of the proposed 2-story
building shown on Exhibit A, this special exception
authorizes: (i) church use of the building site and both
existing and proposed structures shown on Exhibit A and
(ii) the accessory uses and accessory buildings specified
and limited in Exhibit A.
(2) CONDITIONS. This special exception is subject to the following
conditions:
(a) Along the southern boundary of the parking lot located at
Lot 6, Block 18 College View Addition on Amherst Street,
there must be an opaque fence or wall at least four feet
high (and the applicant is encouraged to discuss the design
and actual height with the adjacent property owners, in an
effort to mitigate any adverse effects on those
properties).
(b) Within 90 days following the effective date of this
decision, the applicant must submit, for review and
I approval of the building official, a traffic and parking
analysis by a traffic engineer (or other qualified
professional) including within its scope the following:
Results and data obtained from the City's on-going
traffic study, if applicable, together with any
comments or recommendations on behalf of the
applicant.
Dimensions of emergency accessways, parking spaces,
walkways, driveways, maneuvering areas, loading space,
etc. and certification as to whether they comply with
the detailed requirements of the Zoning Ordinance. If
any of them does not, the report should indicate
whether an additional application to the ZBA will be
forthcoming to address those requirements.
A proposed pedestrian and vehicle circulation plan for
weekday operations, including day-care dropoff and
pickup.
Within 90 days following submission of the foregoing
report:
Page 2
(i)the applicant must either install or provide all
emergency accessways, parking spaces, walkways,
driveways, maneuvering areas, loading space, etc.
required by the Zoning ordinance or submit an
additional application to the ZBA to address those
requirements; and
(ii) the applicant must implement the pedestrian and
vehicle circulation plan for weekday operations,
including day-care dropoff and pickup, as approved by
the building official, and thereafter maintain it in
effect while this special exception is in effect.
(c) All lights on the building site must be constructed or
modified so that the bulb or light source is not visible
from eyelevel at any point on any of the residential
property across the eastern property line of the building
site, and they shall be thereafter maintained in that
condition while this special exception is in effect.
{ (d) The special exception authorizes only the current uses
4 (and the proposed uses of the new buildings), as shown
in Exhibit A. If the use of any building or site is
proposed to be changed, the applicant must apply for
an appropriate amendment to this special exception.
(3) BUILDING OFFICIAL; SUBMISSIONS TO BOARD. The building official
is requested to keep the ZBA informed about compliance with these
conditions. Should any of these conditions not be fulfilled, the
building official is requested to take appropriate action and
" submit the matter to the ZBA for further review and action.
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 365TH 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 THIRD 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
Page 2
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
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.
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
N 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 & 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 Adjustment, 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,
a petitions for judicial review must be presented within 10 days after the date this decision is filed in the Board's
office.
ZONING BOARD OF ADJUSTMENT,
CIT F WES ERSITY PLACE, TEXAS
By:
Presiding 0 er, Zoning Board of Adjustment
Page 2
STATE OF TEXAS
COUNTY OF HARRIS r' i
This instrument was acknowledged before me on (date) bymu.rk ~I ame) as
Presiding Officer of the Zoning Board of Adjustment of the C of West University Place, Tex
(SEAL)
',A► L YE A. CLARK
MY COMMISSION EXPIRES
MAY 18, 2006
My commission expires:
Notary Public
This instrument was filed in the Board's office on ~ , and, if a mailing list is
attached, copies were mailed to the persons on the list on N/A.
4 By: Z/
Name:
Title:.
After recording return to:
Sallye A. Clark, Planning Assistant
Secretary, Zoning Board of Adjustment
City of West University Place /
3826 Amherst Street
Houston, Texas 77005
(Phone 713-662-5843) c/)
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Legal Description of Land: 6 Church u ca-,, In 5Fd
TRACT 3:
Lots One (1) and Three (3) through Six (6), in Block Eighteen (18) of COLLEGEVIEW ADDITION,
a subdivision in Harris County, Texas, according to the map or plat thereof, recorded in Volume 6,
Page 44 of the Map Records of Harris County, Texas.
TRACT 4:
Lots Ten (10), through Fifteen (15), in Block Fifteen (15) of COLLEGE VIEW ADDITION,
SECTION THREE (3) a subdivision in Harris County, Texas, according to the map or plat thereof,
recorded in Volume 572, Page 33 of the Deed Records of Harris County, Texas.
TRACT 5:
A parcel of land containing 1.4367 acres (62,582 square feet), more or less, being Lots 6, 7,8 and
9, College View Addition, Block Nineteen (19), as recorded in Volume 6, Page 44, Map Records,
Harris County, Texas, and being Lot 9 and a portion of Lot 8, College View Third Addition Block
Eighteen (18), as recorded in Volume 572, Page 33, Deed Records, Harris County, Texas, same
being a portion of that certain tract conveyed from W.D. Haden et al, to West University Baptist
Church, as also being a portion of that certain tract conveyed from W.D. Haden et al to George
Lee et al, Trustees of University Baptist Church, as recorded in tract being situated in the A.C.
Reynolds Survey, Abstract No. 61 in the City of West University Place, Harris County, Texas, and
being more particularly described by metes and bounds on Exhibit "A" attached hereto and made
a part hereof.
TRACT 6:
Lot One (1) in Block Nineteen (19) of COLLEGEVIEW ADDITION, a subdivision in Harris County,
Texas, according to the map or plat thereof, recorded in Volume 6, Page 44 of the Map Records
of Harris County, Texas.
An PROYSIOR WAN MO REPRICIS hE SU, IIKTµ OR U9 OF K DEM REAL
E I'ROPdtTy OF COLOR OR W S PAID AND ItREIFORCFiIEtE MR FfIVA Iew.
THE STATE OF TEW
COUNTY OF HARRIS, . ns
I hereby to. tat werd was FILED in File Number Saiiiience on ft
dale and et to k o sttnped hereon by me; and ras duly RECORDED. In ft
,h Official Public Records of Real Property of Harris County, Texas on
M~ SEP -1 2005
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WARRISCOUIVY,TEM
. R> ti01R M,'c Ik NIOPANDUM:
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found is ;,es; a7utngraphic
reprc~ rrcn r t ar,r'!ity, carbon or
pP19t~ Co•,y eirr c ,:fir etC A'! blockouts,
addihi) and cnav(, Ar rc present at the tlritA
the r ;strujr,0tit;Vas h! q 3fi 7 r2CCrutp.