HomeMy WebLinkAboutZBA Decision 2006-06
City of West University Place
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Zoning Board of Adjustment
City of West University Place, Texas City")
Docket No: 06-06
DECISION GRANTING A VARIANCE
Address of building site: 3908 Browning Street, West University Place,
Texas 77005
Legal description of the building site Lot Nine (9) , in Block Four (4) of
Collegeview, Section 3, an addition 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.
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Applicant: William A. Stellenwerf, Jr. and Elena V. Garcia Jk`~
b Decision or Action Requested: Applicant requests a variance to replace HVAC
j units in their pre-existing location more than 15 inches above the
ground.
f Notice, Hearing, Determinations, Vote:
r (X) Notice of hearing was given by: Mail and on-site posting, in
accordance with Article 11 of the Zoning Ordinance, by Sallye A. Clark, Planning
6 Assistant of the City.
(X) Hearing was held on September 21, 2 0 0 6 .
(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 justice is done, and (iii) this variance
is not contrary to public interest.
(X) Additional findings and determinations (if any) have been made, as follows: N/A
(X) The vote was: 5 for, 0 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 (identify the exact
provision)Table 7-6, Projections Schedule, Note 6 (d). Equipment in Rear
or Side Yard of the Zoning Ordinance is granted for the site identified above subject to the
following:
VARIANCE, Page 1
3800 University Boulevard • West University Place, Texas 77005-2899 9 713.668.4441 • www.westu.org
r
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 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
9 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.
u
r 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. r,,
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VARIANCE, Page 2 c F
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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, 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,
CITY OF WEST UNIVERSITY PLACE, TEXAS /(X-
es ing ffi e , ~om r of Adjustment
STATE OF TEXAS
COUNTY OF HARRIS C_ ;-T
This instrument was acknowledged before me on (date) b~j 7 name)
as Presiding Officer of the Zoning Board of Adjustment of the City of West University Place, Texas.
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This instrument was filed in the Board's office on 10/1 0 and, if a mailing list is
attached, copies were mailed to the persons on the list on (Af/A).
By:
Name:
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Title:. c1hi I ~l 9iei~L~
After recording return to:
Sallye A. Clark l l EWkORONofT*We~
Secretary, Zoning Board of Adjustment THE Y alto uo~~oewuw
COUNTYO~fNyAKRIS RRIS
City of West University Place eaideleiedme WUF~bfrenurbu ont*
Mal PUMC Reords of Real 11e; end wn d* RE
3826 Amherst Street Prooinv M 4wh nook, TO XIS on
Houston, Texas 77005
(Phone 713-662-5843) OCT 18 2006
e v CLERK
VARIANCE, Page 3 HARMS M MY,TEXAS