HomeMy WebLinkAbout01152009 ZBA Decision 2008-09 SE
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v ® Recycled Paper Zoning Board of Adjustment C7 City of West University Place, Texas ("City")
Docket No. 08-09
DECISION TO GRANT A SPECIAL EXCEPTION
Address of building site: 4248 Judson
Legal description of the building site: Lot 27 Block 5 College Court Place e ,
Applicant: Joydeep Sen ~v
Decision or Action Requested: Special exception to an existing front yard encroachment under Section 12-102
(e) of the Zoning Ordinance.
Notice, Hearing, Findings, Vote:
1114 (X) Notice of hearing was given by: regular and certified mail (to nearby property owners) and by posting
IN on-site in accordance with Article I I of the Zoning Ordinance, by Sallye A. Clark, Planning Assistant,
City of West University Place, Texas.
(X) Hearing was held on: January 15, 2009
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
IN 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.
(X) Special determinations have been made by the ZBA as follows: (describe any that apply) (i) The
encroachment was inadvertent and neither misrepresented to the City nor hidden from City officials; (ii)
the encroachment will not cause a substantial adverse effect on other persons; (iii) the encroachment does
not create a significant health or safety risk.
(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 Section 12-102 (e) of the Zoning Ordinance, is issued for the site identified above, as follows:
This special exception is for an encroachment into the front yard (setback) of 3.6' (3'8") that occurred when the
structure was originally constructed. The special exception grants Prior Nonconforming status to the structure for
the existing front yard encroachment only.
Other Provisions:
THIS DECISION SHOULD BE RECORDED IN THE HARRIS COUNTY REAL PROPERTY RECORDS,
AND THE COST MUST BE PAID BY THE APPLICANT.
.i
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
3800 University Boulevard • West University Place, Texas 77005-2899 0 713066804441 0 www.westu.org
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Page 3 ZBA Decision 08-09
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.
I 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,
y HEARING, PROOF AND BOARD FINDINGS. NOTHING IN THIS DECISION IMPLIES THAT ANY SUCH
FINDINGS WOULD OR WOULD NOT BE MADE BY THE BOARD.
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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
f PROPERTY RIGHT OR VESTED RIGHT OF ANY KIND.
ja 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 Commission.
ZONING BOARD OF ADJUSTMENT, lit
CITY OF WEST UNIVERSITY PLACE, TEXAS By: ' W
Presiding Office , Z ing Board of Adjustment
Page 3 ZBA Decision 08-09
STATE OF TEXAS
COUNTY OF HARRIS
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This instrument was acknowledged before me on i," (date) by
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Presiding Officer of the Zoning Board of Adjustment of the City of West U rsitv~l~cP TP~cas-_~+
ion IM 010wo
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My commission expires: u 7),C
Notary Public
This instrument was filed in the Board's office on "I Ui VV and, if a mailing list is
attached, copies were mailed to the persons on the list n n/ 1
B J
Y Name: j Xtj f ,0. Iu r
Title: 1
I _1
I After recording return to:
Sallye A. Clark, Zoning Board of Adjustment
(Phone 713-662-5843)
' City of West University Place
4 3826 Amherst Street
Houston, Texas 77005 A
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ANY PROVISION HEREN'WHICH RESTRICTS THE SALE RENTAL .OR USE OF THE DESCRIBED REAL +n
PROPERTY EECALSE OF COLOROR RACE IS INYAUCAND UNENFORCEABLE UNDER FEDERAL LAW. THE STATE OF TEXAS ~a r~s 3
COUNTY OF HARRIS
I tierety ,erfi na:cs rsnnarf w-s FILED r Fie Number Sequence on Me date and attes time
s.mDed rleteoa q me, ana was duly REGARDED in Me O tw P4* RecorNof Real Property of Harrs
Co.m, Texas on
MAY 13 2009
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COUNTY CLERK AT the ti)iFi "
* HARRIS COUNTY, TEXAS 10Utd,i tC b' ';t, a
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