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Home My WebLink AboutZBA Decision 2008-07 Var II v City of West University Place A Neighborhood City ® Recycled Paper 2008 552286 11/07/2008 RP3 $24.00 Norm ZON-201 dec granting variance, 12-04 Zoning Board of Adjustment City of West University Place, Texas ("City") Docket No:08-07 DECISION GRANTING A VARIANCE Address of building site: 5802 Kirby, West University Place, Texas 77005 Legal description of the building site: All that certain 21, 558 square feet of land out of the A.C. Reynolds Survey, A-61, Harris County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at a set 5/8-inch iron rod marking the southeast corner of Lot 3, Block 4, Tangley Terrace according to the plat thereof filed in Volume 17, Page 23, Harris County Map Records, said point also being the northeast corner of that certain 25 acre tract of land conveyed to Harry Harris filed at Volume 197, Page 2, Harris County Deed Records. THENCE South 89 deg. 57' West- 119.80 feet, along the south line of said Tangley Terrace, to a set 5/8-inch iron rod for corner; THENCE South 179.90 feet, along the east line of Lots 1, 2 and 3, Block 5 Preston Place, according to the plat thereof filed at Volume 572, Page 318, Harris County Deed Records, to a set 5/8-inch rod for corner; THENCE East along the easterly north line of said Block 5, passing at 19.68 feet a found inch iron pipe marking the northwest corner of Lot 5, and continuing for a total distance of ` 119.80 feet to a found '/a-inch iron pipe for corner; THENCE North - 180.00 feet, along the I west right-of-way line of Kirby Drive (60 feet wide), to the POINT OF BEGINNING and containing 21,558 square feet of land, more or less. a'd ,,Applicant: Kirby Shopping Center, LP c/o Investar Real Estate Services, Inc. Decision or Action Requested: Variance to allow the use of a restaurant without requiring additional parking spaces for a food service use in a shopping center. 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 October 16, 2 0 0 8. (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, 1 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 VARIANCE, Page 1 3800 University Boulevard • West University Place, Texas 77005-2899 0 713.668.4441 0 www.westu.org provision) Article 10, Section 10-100 Off-Street Parking of the Zoning Ordinance is granted for the site identified above subject to the following: No eating in any publicly accessible areas and no tables or equipment for dine in eating in the publicly accessible areas. 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 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 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 1 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. VARIANCE, Page 2 r 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 riles 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 UNIV RSITY PLACE, TEXAS JZ By: Presiding Officer, ni Board of Adjustment STATE OF TEXAS COUNTY OF HARRIS Th' . trument w acknowledged before me on (date) by okra tiV 1 ((name) as Presiding Officer of the ring /board of Adjustment of the City of West University Place, Texas. ,aaieairaY~i~ 2W N (SEAL) My commission expires:j -~,~b 7S\Q-ky)• 0 Mz) Notary Public This instrument was filed in the Board's office on 4410Y and, if a mailing list is attached, copies were mailed to the persons on the d t on N ) i By N e: ~ ~ ~ ~ l- ~ CC. f~ ANYPRDVISgNNEREINWHICHRESTRICTSTHESALERENTeI.GROSE~FTNEDESCn' EDREl ~y PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDEEE Gy THE STATE OF TEXAS p COUNTY OF HARRIS C= I he eby cer* Mat MS nsW ment was FILED 0 File Number After recording return to: sCmpedhereonbtme;aMwasduryRECORDED.Inmeoffico)PubkRemedsofReaallprpemOf e p C Sallye A. Clark Cartd,TomM apematnarra Secretary, Zoning Board of Adjustment NOV _ 7 2008 City of West University Place sf, 3826 Amherst Street t C Houston, Texas 77005 (Phone 713-662-5843) COUNTY CLERK HARRIS COUNTY, TEXAS VARIANCE, Page 3