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Home My WebLink AboutZBA Decision 2007-02 Var Modify rte. City of West University Place 0 COMI) A Neighborhood City A0 ® Recycled Paper 10 0 tp 0 co Zoning Board of Adjustment City of West University Place, Texas ("City") Docket No: 07-02 MODIFIED DECISION GRANTING A VARIANCE (This document modifies and replaces the "Decision Granting a Variance," in Docket No. 07-02, dated March 15, 2007) Address of building site: 2713 or 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 1 Decision or Action Requested: Applicant requests a variance to allow a swimming pool on Lot 17 without a principal building (and not accessory to a principal building). 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 S a l l ye A. Clark, P 1 ann i ng 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: `t' for, J_ 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 VARIANCE, Page 1 3800 University Boulevard • West University Place, Texas 77005-2899 9 713966894441 • www.westu.org Ordinance is granted for the site identified above subject to the following This decision allows demolition of the pre-existing house on Lot 17 and either rehabilitation and maintenance of the existing swimming pool (or construction and maintenance of a new swimming pool) 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 adjoining 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 THIRD 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 I 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 VARIANCE, Page 2 THAT ANY SUCH FINDINGS WOULD OR WOULD NOT BE MADE BY THE BOARD. TfIIS 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. 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 WEST UNIVERSITY PLACE, TEXAS , 11 IM ck (J.447= By: 4~44 - ° w Vice- Presiding Officer, Zoning Board of Adjustment rZ' STATE OF TEXAS x N Ig COUNTY OF HARRIS (name) Thi instrument was acknowledged before me on L (date) b,_ - L as PYA14ing Officer of the Zoning Board of Adjustment of the City of West University Place, Texas. ~ A CLAK irAo~r~1•~oto~ (SEAL) My co r otary Public 4This instrument was filed in the Board's office on I (0"1-ell , and, if a mailing list is attached, copies were mailed to the persons on the list,.Iwq (By: _ Name: Title:. 4 After recording return to: WPRanbe IERaIwHaI6IwcrsMU W ORUSEOFTEDBMREAL IeaIISEaMMCRWAS WUaeWWaWKIRRAILLW Sallye A. Clark THE STATE OF TEXAS Secretary, Zoning Board of Adjustment ire y wer.,amww,rsaMa~r.drt~ Ka~w~wR City of West University Place Use 3826 Amherst Street AUG 3 0 2007 Houston, Texas _77005 pha' +A `'1 3)(1pipa 58'`3 VARIANCE, Page 3 a~' COLWTrCLERX HARRIS COUNTY,TEXAS