HomeMy WebLinkAboutZBA Decision 2007-08 Var
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City of West University Place
} A Neighborhood City
® Recycled Paper
2008 0552281
ZQA-201 decision granting variance (9-07) 11/07/2008 RP3 $24.00
Zoning Board of Adjustment
City of West University Place, Texas ("City")
Docket No: 07-08
DECISION GRANTING A VARIANCE
Address of building site: 3757 Sunset Boulevard, West University Place,
Texas 77005
Legal description of the building site: Lot Six (6) , in Block One (1) of replat of
Sunset Terrace, Section One (1), an addition in Harris County, Texas
according to the map or plat thereof recorded in volume 15, page 72,
of the Map Records of Harris County, Texas.
Applicant: David C. Sorely
I
Decision or Action Requested: Applicant requests a variance to exceed the
maximum front yard porch projection height
limit of 25 feet.
' 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 September 20, 2007.
(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: 4 for, 0 against this decision, with 1 member abstaining.
Decision of the Zoning Board ofAdjustment 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 - 6, Note 1 .2 , (iv) (height limit) of the Zoning Ordinance is
VARIANCE, Page 1
3800 University Boulevard 0 West University Place, Texas 77005-2899 • 713066804441 0 www.westu.org
A
granted for the site identified above, as follows (describe extent of the variance, any conditions or
limitations on the variance and the work contemplated by the variance): This variance only
extends to the height of the front porch described in the attached
sketches. The work contemplated by this variance is the construction
of a new house incorporating that porch.
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 ,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.
N IF ANY STEP IS NOT ACHIEVED WITHIN A PRESCRIBED TIME PERIOD---AND IF NO TIME
I EXTENSION IS GRANTED-THE WORK IS NO LONGER AUTHORIZED, AND THIS DECISION
BECOMES SUBJECT TO REVERSAL OR MODIFICATION BY THE BOARD WITHOUT
ADDITIONAL NOTICE OR HEARING..
j
i THIS DECISION APPLIES ONLY TO THE SPECIFIC ZONING ORDINANCE PROVISION
{ IDENTIFIED ABOVE. IT DOES NOT APPLY TO OR AFFECT: (A) OTHER REQUIREMENTS
j (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
VARIANCE, Page 2
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
By: W
Presiding Officer, o ing Board of Adjustment
STATE OF TEXAS
COUNTY OF HARRIS JOY / , lr
This instrument was acknowledged before me on AIJI (date) byRIMW wG bMname)
as PreYsidi~~•~f+Fl~e~►~~'i~1~C'Z4? d of Adjustme of e City of West University Place, Texas.
1 MWE A CLARK
V My Commmon Upho
# May 18.2010
(SEAL)
My commission expires: 2kaaw
Notary Public
This instrument was filed in the Board's office on CG aG~ and, if a mailing list is
attached, copies were mailed to the persons on the list on /A
By: C.
Name: ( e- (CA-
Title: C1 k~'ln.er
After recording return to:
Sallye A. Clark
Secretary, Zoning Board of Adjustment x
o _
City of West University Place "Ti
3826 Amherst Street , C"
Houston, Texas 77005
(Phone 713-662-5843) $ L; 3
VARIANCE, Page 3
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ANY PROVISION HEREIN WHICH RESTRICTS THE SALE RENTAL. OR USE OF THE DESCRIBED REAL
PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW.
THE STATE OF TEXAS
COUNTY OF HARRIS
I hereby cK* Nat Ns instrumentwas FILED n Fie Number Sequence on the date and rime Bme
stamped hereon by me; and was duly RECORDED. In the ONcial Pubk Records at Real Property of Harris
CW*, Taason
NOV -12008
COUNTY CLERK
HARRIS COUNTY, TEXAS