HomeMy WebLinkAboutZBA Decision 2006-03 SE
(CMN) City of West University Place
A Neighborhood City
® Recycled Paper Zoning Board of Adjustment Alternate
City of West University Place, Texas ("City")
DECISION REGARDING SPECIAL EXCEPTION
Address of site: 5410 Kirby, West University Place, Texas 77005
Legal description of the site: Lot 18, and East 40 feet of Lot 19, Block 2, of Evanston Addition in Harris County, Texas
recorded in volume 15, Page 50 of the map records of Harris County, Texas, and whatever other interests are in Lots 18
and 19, block 2, of Evanston Addition
Building Permit No: 06-03 Permittee/Applicant: Betty Lowe
Action Requested: Issue a special exception under Section Appendix A, article 7, Section 7-101 Table 7-
1: Uses of the Zoning Ordinance to allow: a medium commercial use in a commercial district, to allow the use of a drive-
thru .
Briefing, Notice, Hearing, Findings, Vote:
( X ) Notices of pre-application briefing (if applicable) were given.
( X ) Pre-application briefing was held on June 22, 2006 and July 7 2006
( X ) Required hearing notice given by: Sallee A. Clark Planning Assistant for the City of West University Place
( X) Hearing held on: July 20, 2006
( X ) The vote (on a motion to deny) was: 3 for, 2 against
Findings and Determinations. Under Article 11 of the Zoning Ordinance, the ZBA may not issue a special exception unless certain
determinations are made. A proposed special exception may not: (i) "cause any significant increase in on-street parking," (ii) "cause
any substantial traffic congestion," (iii) "cause any substantial increase in traffic," or (iv) "cause an unreasonable burden upon utility
systems or upon any other public facility or public service. Also, a proposed special exception must be "in harmony with the general
purpose and intent" of the Zoning Ordinance. The burden of proving each item is on the permittee/applicant.
In this case, the Board was not unanimous on the question of whether the applicant carried its burden of proof on the two items
relating to traffic. However, the Board unanimously believes that the applicant did not carry its burden of proof with respect to the
last item ("purpose and intent"). The clear purpose and intent of Section 8-104 of the Ordinance is to minimize commercial impact on
residential streets (like Sunset) and keep commercial traffic on commercial streets (like Kirby). As this project was proposed, the
primary, commercial impact would fall onto Sunset, a residential street. This is directly contrary to the purpose and intent of Section
8-104. Moreover, any prior non-conforming (PNC) status would be lost if a drive-through were established on the site, because the
drive-through would channel new traffic off Kirby and onto Sunset. This would very clearly increase "the degree of non-conformity"
with Section 8-104 and lead to a loss of PNC status. See Section 12-103(e) of the Zoning Ordinance.
Decision of the Zoning Board ofAdjustment (subject to all applicable appeals): For the reasons discussed above, the requested
special exception is DENIED.
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 certain circumstances. As additional administrative
remedies: (1) the permittee/applicant may be able to apply for a variance or interpretation, (2) a redesigned project could be made the
subject of a new application (possibly not prohibited by the Board's rules of procedure) and (3) any person may request that the City
consider an amendment to the Zoning Ordinance-see Article 14, which indicates that such requests should be submitted to the
Zoning & Planning Commission.
ZONING BOARD OF ADJUSTMENT,
3800 University Boulevard 0 West University Place, Texas 77005-2899 • 713066804441 0 www.westu.org
CITY OF WEST UNIVERSITY PLACE, TEXAS
By Presiding f Zonmg djus ent
This instrum nt was file n he Board's offs on Q Q and, if a mailin I* t is at ached, copies were mailed
to the person ist on N/A
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