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Home My WebLink About04162009 ZBA Decision 2009-03 Var ' I 1 L City of West University Place ~Qt G A Neighborhood City @ Recycled Paper Zoning Board of Adjustment City of West University Place, Texas ("City") Docket No: 2009-03 DECISION GRANTING A VARIANCE Address of building site: 6532 Community Drive Legal description of the building site : Lot 20, Block 36 of Colonial Terrace Applicant: Samuel Rhoades Decision or Action Requested: Variance to acquire PNC status for prior committed work to construct a one-car garage instead of the required two-car garage. Notice, Blearing, Determinations, Vote: ~a (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 Irv Assistant of the City. (X) Hearing was held on April 16, 2009 (X) Required findings and determinations have been made by the ZBA as follows: (i) due to d 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 I 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: Enlarging the garage to the required dimensions for a two-car garage would cause damage and/or the removal of a protected Sycamore tree. (X) The vote was: 4 for, 0 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 the requirements of Table 74(a), minimum dimensions of required garage parking spaces of the Zoning Ordinance is granted for the site identified above, as follows: A variance from the dimensional requirements for required garage parking spaces is granted, allowing one of the two required garage parking spaces to be smaller than specified in the ordinance. The second required garage parking space must be constructed with VARIANCE, Page 1 6532 Community Drive 3800 University Boulevard 0 West University Place, Texas 77005-2899 0 713066804441 0 www.westu.org dimensions substantially in conformance with the attached drawing (Exhibit A). Other Provisions: THIS DECISION SHALL 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 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. VARIANCE, Page 2 6532 Community Drive University Place, Texas 77005), unless otherwise indicated above. Any re-hearing of this decision is governed by the rules 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, Oyu CITY WEST UNIVERSITY PLACE, TEXAS By: Presiding Officer, Zo ing Board of Adjustment STATE OF TEXAS COUNTY OF HARRIS / n This instrument was acknowledged before me on 9 (date) by f % I d W I66n (name) QL~ B ai f+Ads t of e City of West University Place, Texas. as Presiding Officer o J0 I 00800 ~ i~OrlrliMon ~pIN~ J"St. 20" MY commission expires: ~ LQ 1 E i Notary Public i This instrument was filed in the Board's office on 4 c A, UC/ , and, if a mailing list is attached, copies were mailed to the persons on the list / By. Name: 1 lye- P CAeulk Title: p 0Lal fw A- (u t' After recording return to: .J Sallye A. Clark Secretary, Zoning Board of Adjustment City of West University Place 3826 Amherst Street Houston, Texas 77005 (Phone 713-662-5843) MEMORANDUM R ; OP.DER r 1 1 S n f i r 1xraS At !h2+t y a }yc, i( n lfr C S i Cf~ tea; ttra 8.~ ~n~C;:tS C-3 h r o c, 4,~.. ~;t tt etime to 3s P m*n a~,b corded, C tt,o ;~dt•; J,'Tlent was Red end ie , av.rs C-, < ;'GtrTt (h .mac x VARIANCE, Page 3 6532 Community Drive t o Plotted on: Mar 25, 2009 i D v o n N V~,// I ~ m Z I~ a ~ Ig ' T r O --r- O Z I~ y~ X046 16 16 - 9 ~.-C• P, 7 O~ v ",qD F F %ED m iss ND. ND. w. is Nt. t. Z - q J ~•IIE xEU tv'~ 4HEd. 'M US, y \ d - \ \ \ I ° v v,7~ V • \ \ 7b~0 GAS~MENl %0 Fi::ED (!L-361b _Flr~_D G I ~ ' b€ g I y C 9 r N-~016 ,xD • (Z-+D}6 FI)® (ZJ-~of! FiMD 0l-~o2d NFED 4 0 I r O 'IRNM j A~ n /~aas ~ W pr¢C@(np~ OI VAA N. A \ 7,~RR\ N \ \ _ \ \ \ \ \ \ SFr s~oDE:e I 4~C - P \ 00 \ \ \ \ \ @y ~6 J0"nl-0 O 6A E DOOR ` ~A - .'-0 ip n a a o V m": T r ~ m 0 Q o W n Ia@E!~ CIrYd I 1 77f ANY PROVISION HEREIN WHICH RESTRICTS T HE S 4E 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 certry Nat ms instrument was FILED n Fie Number Sequence on the date and atthe tine stimped hereon y me; and was duty RECORDED. In the OkOl Pubk Records of Real Properly of Harry Carry, Teas on MAY 13 2009 COUNTY CLERK HARRIS COUNTY, TEXAS