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Home My WebLink AboutZBA Decision 2007-02 Var 1 dec granting variance, 12-04 ,M City of West University Pla A Neighborhood City Recycled Paper Zoning Board of Adjustment City of West University Place, Texas ("City") 21C107RC8:1;B9-7,u4 Docket No: 07-02 03/30;•2007 RP3 $24.00 DECISION GRANTING A VARIANCE Address of building site: 2713 and 2719 Werlein, West University Place, Texas 77005 Legal description of the building site: Lots 16 and 17, in Block 2, of Belle Court, a subdivision in Harris County, Texas according to the map or plat thereof recorded in volume 452, page 498, of the Deed records of Harris County, Texas. Applicant: Shannon and John Ramirez Decision or Action Requested. Applicant requests a variance to allow an existing structure (pool) to remain on the building site without a principal building and not accessory to a principal building. f 9 Notice, Hearing, Determinations, Vote: (X) Notice of hearing was given by: Mail and on-site posting , in Ohl accordance with Article 11 of the Zoning Ordinance, by Sallye A. Clark, Planning } Assistant of the City. (X) Hearing was held on March 15, 2 0 0 7 . 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, (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 7-5b (Note 1) and Section 8-102(a)and(b) 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 0 713066804441 0 www.westu.org Tai* decision allows demolition of the existing house on Lot 17, with the existing swimming pool remaining on Lot 17 (without a principal building), but only for so long as the following conditions are both present: (1) there must be perimeter fence or wall to enclose and unify the house area on Lot 16 with the pool area on Lot 17 (the fence or wall being constructed along the west line of Lot 16, the south line of Lots 16 and 17, the east line of Lot 17 and the front yard line of Lot 17), and (2) Lots 16 and 17 must remain under common ownership. 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 -9bB.i•ELT 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 OF ST UNIV SITY PLACE, TEXAS At RECORDER'S MEMORANDUM: the time Of recordation, this instrument was B found to be inad Potoruction because of illegibil photographic or P esidi five oning B and of Adjustment additions cop a d cr,a~~red We?e p esen lab ,ekti;1e the instrument was filed and recorded, STATE OF TEXAS COUNTY OF HARRIS 1~,~~ This instrument was acknowledged before me on NNI 4W (date) by,( - C -&h](name) l~ as Presiding Officer of the Zoning Board of Adjustment oexas. JON M OR01cp 1 My Co M*don bow J"22.2009 (SEAL) --mw W My commission expires: Notary Public This instrument was filed in the Board's office on and, if a mailing list is attached, copies were mailed to the persons on the list on (NA) By: ( ame: , W e J7 1 k Title:. After recording return to:~ r~~►~~ Sallye A. Clark Secretary, Zoning Board of Adjustment City of West University Place 3826 Amherst Street 161 Napw~lpl~altola~asn+Eyr~ aeu~~nEOaar~ar Houston, Texas 77005 Tt+i► ~~DNO' (Phone #:&3-66225843) CO6d 16 UNTY OF FARMS Smwa t~ , MKaw #4ARfDE hhO t FM 6dNdR"rN6 Q MAR 3 0 2007 o VARIANCE, Page 3® U~ <CC HARRIS COUNTY. TEXAS W