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Home My WebLink AboutZBA Decision 2007-04 Var r ~ 0 City of West University Place A Neighborhood City 3 ~1 ® Recycled Paper V (f Ali i f1`Mi.?A D ^ ^,silei Zoning Board of Adjustment City of West University Place, Texas ("City") Docket No: 07-04 DECISION GRANTING A VARIANCE Address of building site: 6514 Mercer Street, West University Place, Texas 77005 Legal description of the building site: Lot 5-B, in Block Thirty-five (35) of West University Park, Replat of first and second addition to V~ West University Place, a subdivision in Harris County, Texas according to the map or plat thereof recorded in Volume 9, Page o, 13 of the Map Records of Harris County, Texas. 1 Applicant: Yean Sun and Burton Dickey ~-p-e fir{ Decision or Action Requested: Applicant requests a variance to replace HVAC units in their pre-existing location (in the rear yard more than 14 inches above the ground). 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 June 21, 2 0 0 7. (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 2 (Yards) and Table 7-6, Projections Schedule, Note 6 VARIANCE, Page 1 3800 University Boulevard • West University Place, Texas 77005-2899 0 713066804441 • www.westu.org Equipment in Rear or Side Yard of the Zoning Ordinance is granted for the site identified above subject to the following: This variance only allows replacement of the existing HVAC equipment in its existing location (the existing, specially-built deck on the rear part of the garage), provided that: (1) to separate the equipment from the rear lot line, there must be installed (and maintained) a substantially solid, sound-absorbing wall at least 12 inches higher than the highest part of the equipment, which wall may be lattice-like, and (2) this variance expires when the existing garage is demolished, destroyed or re-built. 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 760TH DAY FOLLOWING THE ISSUANCE OF THE PERMIT. 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. VARIANCE, Page 2 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. 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 resented within 10 days after the date this decision is filed in the Board's offices n J ZONING BOARD OF ADJUSTMENT, 0 CITY OF WEST UNIVERSITY PLACE, TEXAS c x 0-4 By. Cl .o Vice-Presiding O tc Zoning Board of Adjustment yt N STATE OF TEXAS cn cs~ COUNTY OF HARRIS T~h6,dw instrument was acknowledged before me on ~ U 7 (date) by t c 11~1~ --(name) as Vice-Presiding Officer of the Zoning Board of Adjustment of the City of West University Place, Texas. !ALINE A CLAW f t* Camllabsion DOW may Ic 2010 Isrw- - - ~y (SEAL) 4 My commission expires: ga Public 04 This instrument was filed in the Board's office on ' I 010077 and, if a mailing list is attached, copies were mailed to the persons on the list on /A) . l By: Name: ? e 'Cij61. Title:. t~) n~~r After recording return to: V ~ Sallye A. Clark / V Secretary, Zoning Board of Adjustment ►uaEaratoRatrt~No City of West University Place r►+esr~rEOFr~ u>:u~oeauw 3826 Amherst Street fCOUrft* ~ftFW- 1b S~ Houston, Texas 77005 RECORDER'S MEMORANDUM: ((1t~waNisarW ~i•~MO~YPMkIYma~Rr P~pry~dlM At the time of recordation, this instrument was (Phone 713-662-5843) found to be inadequate for the best photographic uSe of ill carbon phot®r oopyti, di colored paper, etc AI blo kouts AUG 101001 Additions and changes were present at the time the instrument was filed and recorded. srj VARIA NCE, Page 3 couNTMCLERK HM" COUNT. rEX48