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HomeMy WebLinkAboutZBA Decision 2007-07 Var I City of West University Place A Neighborhood City V~ ® Recycled Paper ~~~'1111 20080 52282 ZBA-201 decision granting variance (9-07) 11/07/2048 RP3 $24.01 Zoning Board of Adjustment City of West University Place, Texas ("City") Docket No: 0 7 - 0 7 DECISION GRANTING A VARIANCE Address of building site: 2803 Sunset Boulevard, West University Place, Texas 77005 Legal description of the building site : Lot Sixteen (16) , in Block Nine (9) of Monticello, an addition in Harris County, Texas according to the map or plat thereof recorded in volume 7, page 53, of the Deed records of d Harris County, Texas. f +e Applicant: Andrew Sulloj N Decision or Action Requested: Applicant requests a variance to allow a two-car garage instead of the maximum allowed one-car garage (based on the 'E building site area). Notice, Hearing, Determinations, Vote: yl (X) Notice of hearing was given by: Mail and on-site posting, in accordance with Article 11 of the Zoning Ordinance, by Sal lye A. Clark, Planning Assistant of the City. (X) Hearing was held on September 20, 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: 4 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 7-4a (garage parking spaces, maximum number) oftheZoning Ordinance is granted for the site identified above , as follows (describe extent of the variance, any VARIANCE, Page 1 3800 University Boulevard • West University Place, Texas 77005-2899 • 713066804441 0 www.westu.org conditions or limitations on the variance and the work contemplated by the variance): This variance only extends to maximum number of garage parking spaces (two being allowed under this variance). The work contemplated by this variance is the construction of a new house incorporating two garage parking spaces. 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 90 TH 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 SECOND 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 STEP IS NOT ACHIEVED WITHIN A PRESCRIBED TIME PERIOD---AND IF NO TIME 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.. THIS DECISION APPLIES ONLY TO THE SPECIFIC ZONING ORDINANCE PROVISION IDENTIFIED ABOVE. IT DOES NOT APPLY TO OR AFFECT: (A) OTHER REQUIREMENTS sl (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 TEMPORARY OR FIXED PERIOD IS INDICATED ABOVE. THIS DECISION REMAINS VARIANCE, Page 2 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. j J ZONING BOARD OF ADJUSTMENT, I CITY OF ST UNIVERSITY PLACE, TEXAS D/ By: Presiding Officer, o ing Board of Adjustment y STATE OF TEXAS COUNTY OF HARRIS This instrument was acknowledged before me on C (date) by Idad W I I,C)LY] (name) I as Presid' of Adjustment of e City of West University Place, Texas. &MVE A MARK My co E%Pk May I a. 2010 (SE My commission expires: 10 4~w Notary Publi This instrument was filed in the Board's office on J 0 q , and, if a mailing list is alai attached, copies were mailed to the persons on the list on (AA). By: Name: Oe f ceello . Title: Gl~ ~ICU~n~r After recording return to: Sallye A. Clark L~/ co Secretary, Zoning Board of Adjustment City of West University Place 3826 Amherst Street Houston, Texas 77005: Crl (Phone 713-662-5843) VARIANCE, Page 3 a 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 certify tl at ms nsrumentwas FILED is Fie Number Sequence on the date and at the bme skimped hereon D) me; and was dulyRECORDED. In the OlFidal Public Records of Real Property of Harris Carry, Tarim NOV - 7 2008 COUNTY CLERK HARRIS COUNTY, TEXAS