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HomeMy WebLinkAbout05212009 ZBA Decision 2009-05 Var City of West University Place 3 A Neighborhood City ® Recycled Paper 2C 09 171.._.~4.M ~ e a`" _ z' I-.6 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 G~~1 Decision or Action Requested: Variance to build a garage at the front yard line instead of 10 feet from the front yard line. a 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. ~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, 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. » s 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 ;I 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 1 hefty cv* M111114 PMMM; wM FILG n Fie Num ar Spuenoe on me ate an¢ n Ne fine Ca+q', m hereonEyme;enadaairyREDGRDED,~meGffk1IPuDkReoeroeofReelPraperyofNaas Tax M JUN W 5 2009 VARIANCE, Page 3 4r~ COUNTYCLERK * HARRIS COUNTY, TEXAS