HomeMy WebLinkAboutZBA Decision 2008-05 Var
OLM) City of West University Place
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ZONING BOARD OF ADJUSTMENT
City of West University Place, Texas ("City")
DECISION TO DENY A VARIANCE
AddressofSite: 2708 Pemberton, West University Place, Texas 77005 Docket: 08-05
Legal Description of Site:. Lot Eighteen (18) , and the adjoining west one-half of Lot 19, in
block Three (3), of Pemberton Addition, a subdivision in Harris County, Texas,
according to the map or plat thereof recorded in Volume 8, Page 41 of the Map Records
of Harris County, Texas.
Perm ittee/Applicant: David C. Mannon
Variance Requested or Proposed: Applicant requests a variance to allow 1.5 feet of 18" x18"
retaining wall attached to pool wall to be located in side of east side yard 7.5'
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: 4 for; 0 against; 1 abstain, on a motion to deny variance.
Decision of the Zoning Board ofAdjustment (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: Attest: zAdaflwe
Presiding Officer U ng Board of Adjustment Staff Represent ive, City of West Urrn__iversity Place
Filed in t Board's office on V42 N and copies mailed on l tU 2 LT
By.
3800 U versity Boulevard 0 West University Place, Texas 77005-2899 • 713066804441 9 www.westu.org