HomeMy WebLinkAbout05212009 ZBA Decision 2009-05 Var
City of West University Place
3 A Neighborhood City
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Zoning Board of Adjustment
City of West University Place, Texas ("City")
Docket No: 2009-05
DECISION GRANTING A VARIANCE
1 Address of building site: 4112 Judson Avenue
Legal description of the building site : Lot 11, Block 22 of College Court Place, a subdivision in
Harris County, Texas according to the map or plat thereof recorded in volume 7, Page 7 of the map
records of Harris County, Texas.
Applicant: Harvey and Collie Michaels
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Decision or Action Requested: Variance to build a garage at the front yard line instead of 10 feet from
the front yard line.
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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.
1 (X) Hearing was held on May 21, 2009 at 6:30 p.m.
Q7 (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.
O Additional findings and determinations (if any) have been made, as follows: N/A
(X) The vote was: 4 in favor, 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 Table 7-4a.
Garage Space "Garage doors or openings facing the front street line are prohibited unless the garage
door is set back ten feet or more from the front yard" of the Zoning Ordinance is granted for the site
identified above, as follows:
Garage structure may be constructed at the front building line as proposed with the following conditions:
1) Structure must be a one-car garage and may not exceed one story in height;
2) The variance remains in effect only as long as the building site at 4112 Judson remains combined
with the building site at 4107 Emory.
VARIANCE, Page 1
3800 University Boulevard 0 West University Place, Texas 77005-2899 0 7139668.4441 0 www.westu.org
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 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.
yak 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
a l 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.
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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
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 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
witl#r4-G days after the date this decision is filed in the Board's office. »
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ZONING BO k OF ADJUSTMENT, cz~ U041
CITY OF WEST IVERSITY PL CE, TEXAS
By: rn
Vice- Presiding Officer, Zonin Bo d of Justment s
'ri:s tV
cn
STATE OF TEXAS
COUNTY OF HARRIS
This instrument was acknowledged before me o' (date)
as Presiding Officer of the Zoning Board of Adjustment Texas.
JOIE M 0001Co
Mr Ox"mda+
June I2. Z009
p (SEAL)
~a My commission expires:
Notary Public
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This instrument was filed in the Board's office on /3 ® , and, if a mailing list is
attached, copies were mailed to the persons on the list on (I/v.
By: Ak~
Name: iq (U
Title: After recording return to: a 9a, r-J ML4t-
Sallye A. Clark
Secretary, Zoning Board of Adjustment
City of West University Place
3826 Amherst Street ANrPROVI$gNHEREIN wHICHRES
TRICTS THE SA! E RENTAL OR ME OF THE DmR1eED REAL
Houston, Texas 77005 PROPEMBECAUSEOFCOt.;i A.,E61N'iALICANOUAEhF~RCEABLEUNDE;Fe9ERAL LAW
Phone 713-662-5843 THE STATE OF TEXAS
COUNTY OF HARRIS
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JUN W 5 2009
VARIANCE, Page 3 4r~
COUNTYCLERK
* HARRIS COUNTY, TEXAS