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HomeMy WebLinkAboutZBA Decision 2006-08 Var Time Extension (L=N) City of West University Place A Neighborhood City ® Recycled Paper Time Extension Decision Date: October 23, 2008 Docket Number: 06-08 Permittee/Applicant: Michael and Sharon Perkins Time extension under an original decision of the Zoning Board of Adjustment dated December 7, 2006 for property at the following address: 3116 Rice Boulevard, 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) The deadline to complete all such work is extended from December 7 2008 to April 7, 2009. The undersigned, as the administrative official under the Zoning Ordinance, hereby grants the indicated extension(s). By: G~- City Planner City of West University Place Form ZON-208(6-07) 3800 University Boulevard • West University Place, Texas 77005-2899 0 713066804441 0 www.westu.org C City of West University Place f. mm A Neighborhood City arfWQ*4P_00rdec granting variance, 12-04 Zoning Board of Adjustment City of West University Place, Texas ("City") Docket No: 06-08 l 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. Q i 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 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 41 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 • 713.668.4441 • 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. 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 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: 444,~f kUV-~ Vice- Presiding ffic , Zoning Board of Adjustment STATE OF TEXAS COUNTY OF HARRIS This instrument was acknowledged before me on ldate) by~W 1ClCa,~ 41 1 ~ame) as Vice-Presiding Officer of the Zoning Board of Adjustment of the City of West University Place, Texas. 1 Jm Nago" t'~1 MI► JMSLNW (SEAL) My commission expires: Notary Public G This instrument was filed in the Board's office on / 0 and, if a mailing list is attached, copies were mailed to the persons on the list n (/A . By: c*V_,&, a . mkiA, Name: / ~ICCt7f11 ~1~15tzt~1~ After recording return to: Title:. 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 1--Xhibr• »A" LOT 4 LOT 5 LOT 6 5e+ 75.00' S. 0 M 1 b? 2. C - ,r1,fo 1A' * Al s'roaY v . ~ i`RnanE 163 y Q w^ ADJOINER 3$ LL -420- R 82 S T2r Ei v, sic ? LOT 23 O FRAME - 1 L' ~-t -dr87SO.3~ 0 r ~ ~ > > f'it` X91 f LPL L O T " N ~ffel' ,f ff / (tMSTFgJiF 7~ 1 h le 2 t j J f frl iT( t 'u Z' 16 x , 00 r X75° 2?° JiDO S.pa Fnd. F.~d. 7` P r+d. 41 '/."1R y2 ER 75.00' S/g^t4 ~h to RICE, BLVD. (60' R.O.W.) NOTES 1.) SUBJECT TO ANY AND ALL RESTRICTIVE COVENANTS IN VOL. 7, PC. 47 H.C.M.R. NR THE SURVEYOR HAS NOT ABSTRACTED THE SUBJECT PROPERTY. SUBJECT PROPERTY IS BASED ON TITLE COMMITMENT LISTED BELOW. LOT 22 AND THE ADJOINIJO (26) BLOCK SUBDN1sm : SECTION OF LOT 21 6 ml cow COUNTY : STATE RECORDATION SLFNEY-- SCALE T-20' HARRIS TEXAS VOL 7, F(3.47 H.C.M.R. FEW WORK- ~-~--"e/~4 FNAL CHECK = ~--0 -e78/,,W8 PURCHASER WCHIAEL Y. PERKINS AND WFE, SHARON PERKINS DRAFTM :2-O, -'g/11o KEY MAR 532 B ADDRESS 3118 RICE BLVD. S OF TF ,~P,. G~ST~H • 6~ ^^oFrb - tl NO? - LoeWd r Gj; Q.~ Fp• 9J+ . Foft A rwrrieo Adn d*%A 6 Dod p Prod HaWd Ana z01! x • • 41101111111 STEVEN P. 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