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Home My WebLink About03302009 ZBA Decision 2009-02 SE City of West University Place Recycled Paper A Neighborhood City ri511'? K ® ~l fj4 a3 32 O i X il G Zoning Board of Adjustment City of West University Place, Texas ("City") Docket No. 2009-02 DECISION TO GRANT A SPECIAL EXCEPTION Address of building site: 6203Edloe Street Legal description of the building site: See attached legal description, Exhibit "A" Applicant: Stockard Realty Partnership and 6203 Edloe Partners, LP, a Texas Limited Partnership, James K. Reid, Manager Decision or Action Requested: Special exception to reinstate PNC status for pervious ¢ area in a C District under Section 12-105 of the Zoning Ordinance. Notice, Hearing, Findings, Vote: log; (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. 1 (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 will not cause an unreasonable burden upon utility systems or upon any All 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 be 3800 University Boulevard 0 West University Place, Texas 77005-2899 9 713966894441 9 www.westu.org Page 2 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 P14 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 Ism 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 Zo dinance; see Article 11, which indicates that such requests should be submitted to the Zoning & Planning Commission. ZONING BO OF ADJUST ENT, low CITY OF WEST ERSITYACE, TEXAS By: Vice Presiding Officer, Zon' g B ar stment STATE OF TEXAS COUNTY OF HARRIS *T & (date) by K Vf~ (name) as This instrument was acknowledged before me on Presiding Officer of the Zoning Board of Adjustment o the ty West University Place, T s. (SE MM coww M J.,. n. 2009 ~ My on expires: M. uvc~cz- a Notary Public This instrument was filed in the Board's office on 4/Aq/Gq , and, if a mailing list is attached, copies were mailed to the persons on the list a a n/a. By., Ai Name: QY {w Title: V~ . 1 After recording return to: Sallye A. Clark Secretary, Zoning Board of Adjustment (Phone 713-662-5843) City of West University Place 3826 Amherst Street Houston, Texas 77005 z t-~ a S _X n O EXHIBIT A, ZBA DOCKET 2009-02 Being a tract or parcel containing 0.3114 acres of land situated in the A. C. Reynolds Survey Abstract Number 61, Harris County, Texas, out of that certain Tract II of record under Harris County Clerk's File Number (H.C.C.F. No.) K544880, said 0.3114 acre tract being more particularly described as follows with all bearings referenced to said tracts of record under H.CC.F. No. K544880; Commencing for reference at the intersection of the north right- ,i of-way line of University Boulevard (100 feet wide) and the east right-of-way ay line of Edloe Street (60 feet wide), for the rF 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, at 125.00 feet passing to an iron rod set for the common southwest " corner to Tract I of said tract of record under H.C.C.F. No, K544880, in all a distance of 262.50 feet to on "X" cut in concrete for the southwest corner and Point Of Beginning of the herein described tract; w t c~o <o'~ s Thence, NORTH, continuing along said east right- of- way line, 87.50 feet to an "X." cut In concrete for the common northwest corner to said Tract II, the herein described tract and the W R: southwest corner to that certain tract of record under H.C.C.F. asp ,1, ; No. C448980; y csm-_• z. Thence, EAST, at 135.00 feet passing an iron rod set in the A> C, ' .t west line of that certain Harris County Flood Control District Drainage Easement (Unit D 111-00-00), in all a distance of a ' a 155.00 feet to the common northeast corner to Tract II, the herein described tract, the southwest corner to said tact of record under H.C.C.F. No. C448980, in the west line of West University Park a subdivision of record In Volume 9, Page 13 of the Harris County Map Records, Harris County, Texas; Thence, SOUTH, along said Unit D 111-00-00, 87.50 feet to the common southeast corner of the herein described tract; Thence, WEST, at 20.00 feet passing an iron rod set 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 0.3114 acres of land. ARCHITECTURE $ SPACE PLANNING g_ INTERIOR DESI( PARCEL l I tt AtIrMltrraa MATTHEWS MARKET - 'c w w"t+ +tt, to EXISTING 1 STORY BRICK BUILDING IS 70 BE RENOVATED +0 4800 SUGAR GROVE BLVD <SITEE 1 +o~f ONLY SITE WORK REQUIRED IS REMOVING 3'W CONC WALK STAFFORD, TEXAS nan-zs27 ar + u rrrar+~ AND PROVIDING NEW 8'W CONC WALK AT FRONT OF BUILDING N NOMA 9,01W I? r ~°~10'°"O "6n TEL 281-242-7808 FAX 281-242,5E a trr raw ! AORAW MM EKW ar r r.t I ; I rt.• rtr AN Mfaa uM aumw ~ .tti a.n s r ,~y g 41 c aw ur ra tam s ow MOM or arwrr f!p ro' _ 7r BIOII ~-mm ~AW &Nr jr to vRaf 6203 EDLOE ORAENAWROM sawpswas ra® M1Q aamor 6205 EDLOE MWW 'A' + Ia a J• arar aar rar raa s tas s aMrta ai69~ ar I Aa Am rs I'm w IAW s /ARMW _ s~ a' .~.a .t a= a~ trr`arrwcr ~i's ii m "SEW 's ~i s WEST UNIVERSITY PLA awww now; "O+ ax arm (wr 57 to srQS/raM IF w 5 am= atm t arm is alr s arm TEXAS 77005 r e a°°~'.«w° ! sw +c~!' a Ma i Mf IOIL /Ia OIYa[ Al m /01 RM ftlam AMIR}i IN rfN aF![ /f11pa aartomrt or H aMQ2 j lrlrr~l ! x ai - oI f Ate' f ! ' -,vow&- ~ -21 I PARCEL lI . MAY 'N SHOPPING CENTER SITE PLAN FOR .fir + I EXISTING I STORY BRICK BUILDING PRELIMIANRY ~9C~IEF°' rI NO WORK IS BEING DONE TO THIS PROPERTY PLAT N MrIMM AOt fi Qq ~C aI I 44110 Moo ruw s A.► aCrd/f rS ~ isYm p re Amwill" I M OW AM Iyt s POW low Am a nar asar off ~ q Ulm $ n f • I DATE: COMMENTS: +Jjr h + ,.A m awa a~rari tr.rr ~.r rr.raM rflo 01/29/00 On RV1011 O $ ~ ~ I a~sr AMr rs saa r n.af s aiaart Mmferr J ream Anor ur star am v ps Dawn. 011301W ZPC !782 SU81f17AL a anrnR nwnr asom + aMaa Mr~ofar 02/04/00 me s zez sEEerurr~L RE f au" artAMACE' EiESER1E a~ u~ 1. *%NVAEWWW Wa~ s : a am= t', I I W n Rllb • MONAMt a• a fret pl t l <fae 0 an ~.°~t Atm scowl, + wmev"o w "m amain aaera seas ea u I Mft a SIAM M arm t Wr f arm .aM ` + g + I a°Cat i~ 4 Id u QY t i1 OOSIANG 57/E Ek.E'VA1I0116 AND QQANf/GE TO RFaMAIN lJNL7i4AICf0 "ngf I icy sa rM Ur ~ rw tin 9 ....r. mar rrf~t I .o raM w a r~ a i~r~i 'TF OF S~+ latfgi ■ i t' PROJECT NO: • ~ amaw a J • ~~;A.- DRAWING TITLE: PROPOSED ke a[(V~ ( Q A SITE PLAN cf So 4=1` or T11v UNIVERSITY BOULEVARD 28 ~w a a,R, s ~r7 pa. At is at Neoq T rvr r ■■L,' 2 t~ r ~ A a .MtL ANY PROVISION HEREIN WHICH RESTRICTS THE S4E RENTAL. OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS IW ALID AND UNENFORCEABLE UNDER FEDERAL LAW. THE STATE OF TEXAS COUNTY OF HARRIS I hereby Cerny OX ms nshment was FILED n File Number Sequence on the date and atthe tine Sramped hereon by me, and was duty RECORDED. In Ne OtKjaI Pubk Records of Real Property of Harts Carry, Texas m MAY 13 2009 COUNTY CLERK HARRIS COUNTY, TEXAS