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Home My WebLink AboutZBA Decision 2005-03 Var Yard/Height Time Extension (LMN) City of West University Place A Neighborhood City ® Recycled Paper Time Extension Decision Date: 03-16-2006 Docket Number: 05-03 Variance for yard encroachment and height of new building Perm ittee/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 Form ZON-208(6-07) 3800 University Boulevard 9 West University Place, Texas 77005-2899 0 713066804441 0 www.westu.org City of West University Place A Neighborhood City ® Recycled Paper Form ZON-201 dec granting variance, 12-04 Zoning Board of Adjustment t; City of West University Place, Texas ("City") Y735356 Docket No:05-03 09/01/05 300686931 $40.0101 DECISION GRANTING A VARIANCE 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, i 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 kq Decision or Action Requested: Grant variance for yard encroachment and height of new building Notice, Hearing, Determinations, Vote: (X) Notice of hearing was given by: regular and certified mail (to nearby property r 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 findings and determinations have been made by the ZBA as follows: (i) due to special conditions, a literal enforcement of the Zoning Ordinance provision identified below would result in unnecessary hardship, (ii) by granting this variance, the spirit of the ordinance is observed and substantial ~t justice is done, and (iii) this variance is not contrary to public interest. ( ) Additional findings and determinations (if any) have been made, as follows: (N/A) (X) The vote was: 4 for, against this decision. Decision of the Zoning Board of Adjustment granting variance (subject to all applicable appeals): Under and subject to the City's Zoning Ordinance and applicable law, a variance from Table 7-2 (structures in side and rear yard) and Table 7-4b (35-foot height limit) of the Zoning Ordinance is granted for the site identified above subject to the following: (1) Encroachments into yard areas are allowed only to the extent indicated in Exhibit B. VARIANCE, Page 1 3800 University Boulevard • West University Place, Texas 77005-2899 0 713966804441 0 www.westu.org (2) The height of the structure nearest Amherst Street must be limited to 26 feet, as indicated in Exhibit C; no other part of the new educational building/gymnasium may exceed 43 feet above standard base level. (2) Within 90 days following the effective date of this decision, the applicant must submit, for review and 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: (i)the applicant must either install or provide all emergency accessways, parking spaces, walkways, driveways, maneuvering areas, loading space, etc. f 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. (3) All lights on the applicant's property must be constructed and maintained so that the bulb or light source is not visible from eyelevel at any point on any of the residential property within 200 feet of the site of the building site for the new building. 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 VARIANCE, Page 2 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 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 ' 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 j 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, 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, CE, TEXAS CIXPresidinlgO WEST ERSITY PLACE, By: fc oning Board of Adjustment VARIANCE, Page 3 STATE OF TEXAS COUNTY OF HARRIS This instrument was acknowledged before me on (date) by ar-A ame) as Presiding Officer of the Zoning Board of AdjustmeVothe kiof West University Place, Texa . (SEAL) SALLYE A. CLARK * MY COMMISSION EXPIRES MAY 18, 2006 My commission expires:5 10 hoo to Notary Public This instrument was filed in the Board's office on . I and, if a mailing list is attached, copies were mailed to the persons on the list on , By: Name: Title:. ~t 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) VARIANCE, Page 4 MILTON ST. EXHIBIT B • .~.~o l.,l j• Y I r ¢ , l • ~ 4~ .a ~ 1. x 4 i 14, n +`•f Y~` Y~ fi~ i~~ .Y"~: ~~t r{r: aS- it'd -h[:f r _ T v ^ { , r e 'Gy,f 5 foot side aA~ yard 3r r W # r,i , S♦;~ r.Tf 1grTY qtr,,` vJ f W 1 NEW CONSTRUCTION Q foot rear y and K'M 1 K La~ ~ of s~"~ ' ~ » .ate ✓ s ~ ✓ w ~s ~ 1 foot side yard t, r _ SITE PLAN " AMHERST ST. EXHIBIT C *43' Ole water tank 201 207 0 c1 cw~Dau coetrio"A* N 118 103 128 109 aAl1I 135 AMHERST ST. HEIGHT MEASURED ABOVE STANDARD BASE LEVEL SECTION 3W ~ mmum ht 05-e~) Legal Description of Land: 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. N y un TTl0y5bR all No RESIBIOIS H suf. & oR USE Of a OEVE IM 'r PROI'8!n K= OF MOR OR RACE IS ONUn aoRER u1ElFM0jtE OIDER FEWA LAW. ` THE STATE OF TEW COUNTY OF HARRIS. 1~arayThattlasnstumenlwasFILED 'nFikNwberS WED,In1e do and at ~ line stamped hereon by me; and was"RE OEO. In 1* { Offidat Public Records of Real Property of Harris County, Texas on SEP 12005 0 COUNTY CLERK °J HARRISCOIMTY,TEXAS c-n co fir ~t„ At the tirne ~Ri t,•. S AA p.a(~~ ~r,!Cill ~i r.7~:'7 lic r.ryg>rU:7iAr{i was t tJic7 CO t ' t 4ty n` Civ .ta,'r:O b 1 I :=t}, care bon Of andiiions dr'd Cna i;'eS 14`.~ t ii1QCK0UtS, ti,e instrument was tji6„ a,-,d recorued nt at the time b