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HomeMy WebLinkAboutZBA Decision 2008-01 SE City of West University Place A Neighborhood City v "j' Rec clad Paper orm ZYBA-203 decision granting special except (9-07) 20080552283 11107/2008 RP3 i2E.00 Zoning Board of Adjustment City of West University Place, Texas ("City") Docket No. 0 8 - 01 DECISION TO GRANT A SPECIAL EXCEPTION Address of building site: 3304 Nottingham Street, West University Place, Texas 77005 ) Legal description of the building site: Lot Six (6), in Block Eighty (80) of West University j\ Place, Second Addition, an addition in Harris County, Texas according to the map or plat thereof recorded in Volume 538, Page 147 of the Deed Records of Harris County, Texas. Applicant: Bardwell Building Company /1_zu Decision or Action Requested. Special exception for one additional curb cut on the side l street (Rutgers Avenue) under Table 7-5a, Parking Driveways, etc.of the Zoning Ordinance Notice, Hearing, Findings, Vote: i\\ (X) Notice of hearing was given by: regular and certified mail (to nearby property ) owners) and by posting on-site in accordance with Article 11 of the Zoning Ordinance, by Sallye A. Clark, Planning Assistant, City of West University Place, Texas. (X) Hearing was held on : February 21, 2008 I (X) Required determinations have been made by the ZBA as follows: (i) the proposed special. exception will not cause any increase in on-street parking; (ii) the proposed special exception will not cause any substantial traffic congestion; (iii) the proposed special exception will not cause any substantial increase in traffic; (iv) the proposed special exception will not cause an unreasonable burden upon utility systems or upon any other public facility or public service; (v) the proposed special exception is consistent with--and in harmony with--the general purpose and intent of the Zoning Ordinance. O Special determinations have been made by the ZBA as follows: (describe any that apply) (X) The vote was: 4 for; I opposed, to this decision.. Decision of the Zoning Board of Adjustment granting special exception (subject to all applicable appeals): Under and subject to the City's Zoning Ordinance and applicable law, a special exception as specifically allowed by (identify the exact provision) Table 7-5a, Parking Driveways, etc. of the Zoning Ordinance, is issued for the site identified above, as follows (describe extent of the special exception with any conditions or limitations; describe the work contemplated by this decision): one &4ol..i ficra) wrb cut onto I~ cry Auenff-~5keto_h • n i r~ &tbstcai-~cLity as , 3800 University Boulevard 9 West University Place, Texas 77005-2899 0 713066804441 0 www.westu.org Page 2 Other Provisions: T~m~ new1C' ~x c f~nC'~ ~m . and at) 1 ~ Cable ©r )r~ceb m Ab e. con,5-n-sac, sec i i1 CAC( - l THIS DECISION SHOULD BE RECORDED IN THE HARRIS COUNTY REA fROPERTY 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 FIRST ANNIVERSARY OF THE EFFECTIVE 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. I THIS DECISION APPLIES ONLY TO THE SPECIFIC ZONING ORDINANCE PROVISION IDENTIFIED i 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. s„ 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 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 & 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 interpretation, variance, or special exception, and (2) any person may request that the City consider an amendment to the Page 2 Zoning Ordinance; see Article 11, which indicates that such requests should be submitted to the Zoning & Planning Comrnission. l ZONING BOARD OF ADJUSTMENT, / CITY OF EST UNIVERSITY PLACE, TEXAS 6` W By: Presiding Officer, Wing Board of Adjustment STATE OF TEXAS COUNTY OF HARRIS This instrument was acknowledged before me on (date) by ~Cl IUf~ Wi ame) as P f Adjustment o the ity of West University Place, Texas. A s K My commission expires: Notary Publ' This instrument was filed in the Board's office on and, if a mailing list is attached, copies were mailed to the persons on the list on /a. j By: Name: Oebbi e-, eJ to- Title:. l.i Plane.( ^ After recording return to: Sallye A. Clark, Secretary, Zoning Board of Adjustment City of West University Place 3826 Amherst Street a~ Houston, Texas 77005 x (Phone 713-662-5843)° xu:cormFUR•s 2ar~MOT AMUM: 1--- At the time of recordation, this instrument was found to be inadequate for the best photographic M reproduction because of illegibility, carbon or photo 0 copy, discolored paper, etc. All blackouts, additions and changes were present at the time the instrument ?„G tV was filed and recorded.a I I I I , I j I , t I I Z ' G IN * I d c r F~Q. - I r I 150_ oo 3pl DRt\rC - - C~oNL. flRiv~ aPrtcoaL+F Na SIVEWdLK 7CeQp oti! THi7 SIDIS P~1z W.U.P Ps2 w.U. t' STA t4 DA(Z~ fXZ~VC 6ppR~G~ R I.L U.~ ST~sNp~c~ 14 ~urGg Q Z-Elq rntpe hn -t~►3Y~ 4 N ANY PROVOON 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 certly thatth's nstrumentwas FILED n Fie Number Sequence on the date and at the lime stamped hereon by me; and ryas duty RECORDED. In tl e ONWI Pubic Records of Real Property of Harm Coury,Tezason NOV - 7 2008 COUNTY CLERK HARRIS COUNTY, TEXAS