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Home My WebLink AboutZBA Decision 2008-02 SE City of West University Place A Neighborhood City I RIM cledPa ar 1"onn ZYBA-203 decision granting special except (9-07) 20080552284 11/07/2008 RP3 $28.00 Zoning Board of Adjustment City of West University Place, Texas ("City") Docket No. 0 8 - 0 2 DECISION TO GRANT A SPECIAL EXCEPTION Address of building site: 6622 Buffalo Speedway, West University Place, Texas 77005 Legal description of the building site: Lot Four (4), in Block Forty (40) of West University Place, an addition, an addition in Harris County, Texas according to the map or plat thereof recorded in Volume 444, Page 560 of the Deed Records of Harris County, Texas. Applicant: Charles Kuck Inc., DBA Classic American Homes Decision or Action Requested. Special exception for a driveway in a front yard serving a rear garage to exceed twelve feet. Notice, Hearing, Findings, Vote: (X) Notice of hearing was given by: regular and certified mail (to nearby property {1 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 : April 17, 2008 (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. Special determinations have been made by the ZBA as follows: (describe any that apply) (X) The vote was: 5 for; 0 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, Note 7 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): This special exception authorizes a driveway with a different design than that prescribed by the ordinance (specifically, the width of the driveway may exceed 12 feet in the front yard), but only if: (1) the driveway 3800 University Boulevard • West University Place, Texas 77005-2899 • 713066804441 0 www.westu.org routing and widths conform substantially to the areas indicated by heavy black lines in the attached drawing, (2) reasonable efforts are made to preserve the existing tree near the southern end of the street area (indicated in the attached drawing), and (3) pavement does not cover the small triangular area just behind the front yard (setback) line at the northern side lot line (indicated approximately in the attached drawing). 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 SECOND 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. 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. 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 Zoning Ordinance; see Article 11, which indicates that such requests should be submitted to the Zoning & Planning Co is n. ZONING BO OF ADJUSTME T, V CITY OF WES UNIVERSITY L CE, TEXAS By: Vice-Presiding Officer, Zonin Boa of ment STATE OF TEXAS COUNTY OF HARRIS 4 This instrument was acknowledged before me onQ W"t L'~e'VV (date) by [;XA` s U&"-5%ame) as Presiding Officer of the Zoning Board of Adjustment of the City of West University Place, Texas. KM"L11N M WRON MY CommWaton E%Mm Notary Public This instrument was filed in the Board's office on 0 b and, if a mailing list is attached, copies were mailed to the persons on the list on /a. By. && &L d Name: \ ~7a4,) Q 1 ye . (Title:. i'1 t nJ w.~6ta After recording return to: Sallye A. Clark, Secretary, Zoning Board of Adjustment City of West University Place 3826 Amherst Street Houston, Texas 77005 ,N,, (Phone 713-662-5843) y o o x~co~tn~a°s ®RArmua~: ~ At the time of recordation, th s instrument was found 1 to bo inadequato for trio bust photographic r reproduction because of carbon or photo t` Copy, discolorod paper etc. All blackouts, additions 3 and changes were present at the time the instrument x , was filed and recorded. ~y I i 1 k . 9 i s 000~- ~j . Attachment to "Decision To GrantA Special Exception,' Zoning Board of Adjustment, City of West University place, Texas a~ pq 4 "WN N ~f k;arl ^h vi ANY PROVISION HEREIN WHICH RESTRICTS THE SALE RENTAL OR USE OF THE DESCRIBED REM PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW. THE STATE OF TEXAS COUNTY OF HARRIS I hereby cef* Nat N8 nstrumentwas FILED'n Fie Number Sequence on Ne date and r the tme stamped hereon b me; and was duty RECORDED. In lle OIhroI Pubk Records of Real Property of Harm Canty, Texas an NOV - 7 2008 COUNTY CLERK HARRIS COUNTY, TEXAS