HomeMy WebLinkAboutZBA Decision 2006-08 Var
City of West University Place_
A Neighborhood City
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Zoning Board of Adjustment
City of West University Place, Texas ("City")
4
- Docket No: 06-08
DECISION GRANTING A VARIANCE
Address of building site: 3116 Rice Boulevard, West University Place, Texas
77005
Legal description of the building site Lot Twenty-Two (22) and the adjoining
Twenty-Five (25) feet of Lot Twenty-One (21), in Block Six (6) of
Rice Court, an addition in Harris County, Texas, according to the map'
or plat thereof recorded in Volume 7, Page 47 of the Map Records of
Harris County, Texas.
j~ Applicant: Michael and Sharon Perkins -
Decision or Action Requested. Applicant requests a variance of 2.50 feet for
the interior side yard setback. The request is for the side yard
setback to be five feet instead of 7.50 feet to protect an existing
Red Oak tree.
Notice, Hearing, Determinations, Vote:
(X) Notice of hearing was given by: Mail and on-site posting, in
r accordance with Article 11 of the Zoning Ordinance, by Sallye A. Clark, Planning
Assistant of the City.
(X) Hearing was held on November 16, 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: 4 for, 0 against this decision and 1 abstention.
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) Article 7, Section 7-101, Table 7-2: Yards (or
VARIANCE, Page 1
3800 University Boulevard • West University Place, Texas 77005-2899 • 713066804441 0 www.westu.org
Setbacksof the Zoning Ordinance is granted for the site identified above subject to the
following:
The interior side yard (or "setback") along the east line of the
subject building site shall be 5.00 feet instead of 7.50 feet.
This variance applies for so long as the buildings and driveway
(both existing and proposed) on the site do not exceed the sizes
and locations shown on the attached Exhibits A, B & C.
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.
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THIS DECISION APPLIES ONLY TO THE SPECIFIC ZONING ORDINANCE PROVISION
IDENTIFIED ABOVE. IT DOES NOT APPLY TO OR AFFECT: (A) OTHER REQUIREMENTS
l (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
VARIANCE, Page 2
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, 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 WEST UNIVERSITY PLACE, TEXAS
By ,~t
Vice- Presiding ffic , Zoning Board of Adjustment
STATE OF TEXAS
COUNTY OF HARRIS r_
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This instrument was acknowledged before me on date)
L as Vice-Presiding Officer of the Zoning Board of Adjustment of the City of West University Place, Texas.
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M Notary Public
This instrument was filed in the Board's office on and, if a mailing list is
q attached, copies were mailed to the persons on the list n /A .
By: aa&4, a - daAk
Name: 1Je_ )9,k
After recording return to: t Title:.
V
Sallye A. Clark
Secretary, Zoning Board of Adjustment
City of West University Place
3826 Amherst Street
Houston, Texas 77005
(Phone 713-662-5843)
VARIANCE, Page 3
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NOTES:
` 1.) SUBJECT TO ANY AND ALL RESTRICTIVE COVENANTS IN VOL. 7, PG. 47 H.C.M.R.
THE SURVEYOR HAS NOT ABSTRACTED THE SUBJECT PROPERTY.
SUBJECT PROPERTY IS BASED ON TITLE COMMITMENT LISTED BELOW.
LOT 22 AND THE ADJONNO (26) BLOCK : SUBDIVISION : 3EC710N'
OF LOT 21 6 PEE COIAT
COUNTY: STATE: I RECORDATION: SURVEY SCALE T-20'
HARRIS TEXAS VOL. 7, Pa 47 H.C.M.R. FIELD WORK: e/3rz FINAL ' -a -D -9110/WB
PURCHASER MICHAEL Y. PERKNS AND WV F- SHARON PERKINS DRAFRJO :2-°, -erg/JO KEY MAP: 532 B
ADDRES4 3116 RICE BLVD.
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