HomeMy WebLinkAbout03302009 ZBA Decision 2009-01 SE
City of West University Place
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Zoning Board of Adjustment
City of West University Place, Texas ("City")
Docket No. 2009-01
DECISION TO GRANT A SPECIAL EXCEPTION
Address of building site: 6207-6217 Edloe Street
Legal description of the building site: See attached legal description, Exhibit "A"
Applicant: 6203 Edloe Partners, LP, A Texas Limited Partnership, James K. Reid, Manager
Decision or Action Requested. Special exception to reinstate PNC status for pervious
l area in a C District under Section 12-105 of the Zoning Ordinance.
Notice, Hearing, Findings, Vote:
(X) Notice of hearing was ivy: 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 : March 30 2009 at 6:30 p.m.
(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
r 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) A substantial investment was reasonably made in the PNC item, or in reliance upon it, and
(ii) Extension of PNC status is necessary to allow a reasonable period in which to amortize the
investment or to avoid unreasonable waste of any remaining value of the item with PNC status for
other reasons.
(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 12-105 of the Zoning Ordinance, is issued for the site identified above, as follows:
This special exception only extends to the reinstatement of PNC status for
lack of 15% pervious area for a time period ending March 30, 2029. The work
contemplated by this decision is the remodeling of existing structures in
accordance with the attached sketch, Exhibit "B". The work performed must
3800 University Boulevard 0 West University Place, Texas 77005-2899 0 713066804441 0 www.westu.org
Page 2
be substantially in the same form as shown in the attached sketch, Exhibit
"B" (PNC status may also be lost for other reasons.)
Other Provisions:
THIS DECISION MUST 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
Page 2
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 n.
ZONING BO OF ADJUSTMENT,
CITY OF WE UNIVERSIT ACE, TEXAS
By:
Vice Presiding Officer, Zon' g B rd of
STATE OF TEXAS
COUNTY OF HARRIS , f
This instrument was acknowledged before me on 'Gof 01 (date) by V tr Y(name) as
ti Presiding Officer of the Zoning Board of Adjustment of e Ci of West University Place, T s.
JOi M OMMGO
(SE 2M
My n expires: J=~~ Notary Public
! This instrument was filed in the Board's office on 0 1 and, if a mailing list is
attached, copies were mailed to the persons on the list on n /a
By:
N
Title: /1'
! 1 ji l~lL~
After recording return to:
Sallye A. Clark
Secretary, Zoning Board of Adjustment (Phone 713-662-5843)
City of West University Place
3826 Amherst Street n
Houston, Texas 77005 mac-, ~c
ter- -w
cz
EXHIBIT A, ZBA docket 2009-01
Being a tract or parcel containing 0.4893 acre of land
situated in the A. C. Reynolds Surrey Abstract Number 61,
Harris County, Texas, out of that certain Tract I and Tract II
of record under Harris County Clerk's File Number
(H.C.C.F. No.) K544880, said 0.4893 acre tract being more
particularly described as follows with all bearings
referenced to said tracts of record under H.C.C.F. No.
544880:
Commencing for reference at the Intersection of the north
right-of-way line of University Boulevard (100 feet wide) and
the east right-of-way line of Edloe Street (60 feel wide), for
the southwest corner of that certain called 0.4448 acre tract
of record under H.C.C.F. No. Y252914;
Thence, NORTH, along said east right-of-way line,
I 125.00 feet to an iron rod set for the common
southwest corner to said Tract 1, the Point of
Beginning of the herein described tract and the
northwest corner to said 0.4448 acre tract;
Thence, NORTH, continuing along said east right-of-
way line, at 75.00 feet passing the common west
corner to said Tract I and Tract II, in all a distance of
137.50 feet to an "X" cut in concrete for the common
northwest corner of the herein described tract;
i Thence, EAST, at 135.00 feet passing an iron rod set
in the west line of that certain Harris County Flood
Control District Drainage Easement (Unit D 111 -00-
00), in all a distance of 155.00 feel to the northeast
corner of the herein described tract, in the west line of
West University Park a subdivision of record in
Volume 9, Page 13, of the Harris County Map
wti y
Records, Harris County, Texas;
Thence, SOUTH, along said Unit D1 11 -00-00, at 62.50
feat passing the common east corner to said Tract II
} < 1, lA and Tract I, in all a distance of 137.50 feet to the rA
common southeast corner of said Tract I, the herein
described tract and the northeast corner to said 0.4448`
acre tract "
7
Thence, WEST, along the south line of said Tract I, at g» s
20.00 feet passing an Iron pipe found in the west line
of said Unit D 111-00-00, in all a distance of 155.00
feet to the Point Of Beginning and containing 0.4893
acre of land.
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a + u * ss xwr asap AND PROVIDING NEW B'W CONC WALK AT FRONT OF BUILDING STAFFORD, TEXAS 77477-2827,
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ANY PROVISION HEREIN WHICH RESTRICTS THE SALE R NTAL.ORWEOFTHEDESCRIBEDREAL
PROPERTY BECAUSE OF COLOR OR RACE IS WALID AND UNENFORCEABLE UNDER FEDERAL LAW.
THE STATE OF TEXAS
COUNTY OF HARRIS
I hereby cer* Nat Ns nstument was FILED n Fie Number Sequence on the date and atthe time
stamped hereon y me; and was duly RECORDED. In Ne ONcial Pu* Records of Real Propem of Hart
Carry. Texas on
MAY 13 2009
COUNTY CLERK
HARRIS COUNTY, TEXAS