HomeMy WebLinkAboutZBA Decision 2008-04 Var
0 City of West University Place
A Neighborhood City
® Recycled Paper
ZONING BOARD OF ADJUSTMENT
City of West University Place, Texas ("City")
DECISION TO DENY A VARIANCE
Address of Site: 2701 Arbuckle St, West University Place, Texas 77005 Docket: 08-04
Legal Description of Site: Lot Twenty (20) , in block Seven (7) , of Belle-court, an addition
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.
Perm ittee/Applicant.• Philip and Suzanne Exnicious
Variance Requested or Proposed: Applicant requests a variance to allow a trellis to encroach
into the side yard (setback) 5.5 feet.
Notice, Hearing, Findings, Vote:
(X) Required Notice given by: Mail and on-site posting in accordance with Article 11
( X ) Hearing held on: June 19, 2008
The vote was: 5 for; 0 against, on a motion to deny variance.
Decision of the Zoning Board of Adjustment (subject to all applicable appeals): Under and subject to the
City's Zoning Ordinance and applicable law, the requested variance is denied,
because the evidence presented was not sufficient to prove one or more of the
following essential elements prescribed by Chapter 211 of the Local Government
Code, as indicated (check each element that was not proved):
(X) "due to special conditions," a literal enforcement of the Zoning Ordinance
provision would result in "unnecessary hardship"
( ) "spirit of the ordinance is observed and substantial justice is done"
( ) variance is "not contrary to public interest"
Effective Date & Administrative Remedies: This decision takes effect on the date it is filed in the Board's office (c/o
Secretary of the Zoning Board of Adjustment, 3800 University Boulevard, Houston, Texas 77005), unless otherwise
indicated above. 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. The rules of the Board allow re-hearings in
certain circumstances. As additional administrative remedies: (1) the permittee/applicant may able to apply for a different
variance, a special exception or an interpretation, and (2) any person may request that the City consider an amendment to the
Zoning Ordinance; see Article 11, which indicates that such requests should be submitted to the Zoning & Planning
Commission.
By: L_W Attest:
' J~
Presiding Offic , Z ning Board of Adjustment Staff Represen tive, City of West University Place
Filed in th Board's office on l E/, 2 and copies mailed on ~b2_q
By:
3800 Univ sity Boulevard • West University Place, Texas 77005-2899 • 7139668.4441 • www.westu.org