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Home My WebLink AboutZBA Decision 2005-14 Var flli + r City of West University ace t A Neighborhood City e 1 66rfW9 Q~1dec granting variance, 12-04 Zoning Board of Adjustment ( City of West University Place, Texas ("City") Docket No: 05-14 ORRECTED TO GIVE CORRECT DECISION GRANTED DECISION GRANTING A VARIANCE Address of building site: 4259 Dartmouth Street, West University Place, Texas 77005 Legal description of the building site: Lot one (1) , in block eight (8) of College Court Place, a subdivision in Harris County, Texas, according to the map or plat thereof recorded in volume 7, page 7 of the map records of Harris County, Texas. Applicant: Nancy Williams Decision or Action Requested. App1irant; rGlue --tS a va ianC- e t; e nQt 3=gQi4-j-r_~ n A VARIANCE TO ALLOW THE HEIGHT OF THE REAR STRUCTURE NOT TO EXCEED 28.62 FEET 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 17, 2005. i (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, =ax (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: 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 (identify the exact provision) Article 7. District Specific Regulations, Table 7-4: Buildings; Accessory Buildings; Height Maximum 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 • 7130668.4441 0 www.westu.org 1. If 500 or more of the garage roof diaphragm (decking or roof rafters) is ever replaced or rebuilt (for any reason), the entire garage must be brought into compliance with the height regulations then in effect. 1 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 Gq 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 y 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. VARIANCE, Page 2 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, I CITY OF WEST UNIVERSITY PLACE, TEXAS By:-P~t Presidin oning Board of Adjustment Marl STATE OF TEXAS COUNTY OF HARRIS r 1 This instrument was acknowledged before me on I 17 v-5 (date) by ma-l name) as Presiding Officer of the Zoning Board of Adjustment of the ity of West University Place, Tex' 4. =fi SALLYE A. CLARK MY COMMISSION EXPIRES MAY 18, 2006 (SEAL) K d My commission expires: v 0 lJ otary Public h~ d This instrument was filed in the Board's office on ! 7 S , and, if a mailing list is attached, copies were mailed to the persons on the list on A) . G By: 7e-6r)Q Name: ti~~lry phar7 lQ,I'8.ne Y After recording return to: Title:. Sallye A. Clark Secretary, Zoning Board of Adjustment My MM U91EpIM~ WINC,~H(f,8 pI WIVS THE RE Wµ OR UR OF K DESCRY FA City of West University Place "A" TF.7 N ACE H NU 4 NW W DNDER R;DEWII uw 3826 Amherst Street CQUNT1'oF R Ig►NM10qp~ tlMN MW O wu F&W in go mow r tl~e Houston, Texas 77005 OIRdi i~eNe iaMrs Pr;4Mt4 ~trb D. In t* (Phone 713-662-5843) NOV 30M VARIANCE, Page 3 MIt' IADNiIOM 16~N NIK11 AESigICtS tlE ~ OR IaE OF IIE OE9GIl~ Abll Ri1CE 16 MWIID NO~NI fFl ll LAW. deM~nd~tu ~ MwFItEDhflrWrnb~r Oak OIAdNP~~1'+hdwdulp to PiopNly of Fhrtl► Cotpiry, an' DEC 1 1 2006 N HARRIS ,iEXAR = C* D o°r+ } ~n O I cnC M c~ ~ 1V t ..ate ( ~ak a D O At RECORDER'S MEMORANDUM; r the time of recordation, this instrument was found o be in adequate for the best photographic reproduction because of illegibility, carbon or photo COPY, discolored paper, etc. Atl blockouts additions and changes were present at the time the instrument was filed and recorded.