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Home My WebLink About05212009 ZBA Decision 2009-04 SE 06/115/21109 RF.I, + V4l11 ( tm) City of West University Place A Neighborhood City @ Recycled Paper Zoning Board of Adjustment City of West University Place, Texas ("City") v Docket No. 2009-04 2009 333613 07/27/200? RP3 $28.00 DECISION TO GRANT A SPECIAL EXCEPTION Address of building site: 4222 Oberlin Legal description of the building site: Lot 7, Block 8 of Colonial Terrace, an addition in Harris County, I~ Texas according to a map or plat thereof recorded in Volume 655, page 293 of the deed records of Harris County, Texas. Applicant: Philip W. and Janet V. Bres O~' Decision or Action Requested. Special exception to acquire Prior Non-Conforming (PNC) status for side yard encroachments under Section 12-102(e) of the Zoning Ordinance. Notice, Hearing, Findings, Vote: (X) Notice of hearing given by: regular and certified mail (to nearby property owners) and by i posting on-site in accordance with Article 11 of the Zoning Ordinance, by Sallye A. Clark, i Planning Assistant, City of West University Place, Texas. (X) Hearing was held on: May 21, 2009 at 6:30 p.m. l (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 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: (i) the encroachment was inadvertent and neither misrepresented to the City nor hidden from City officials; (ii) the encroachment will not cause a substantial adverse effect on other persons, and (iii) the encroachment does not create a significant health or safety risk. (X) The vote was: 5 in favor; 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 12-102 (e), "Acquiring PNC status for certain yard encroachments" of the Zoning Ordinance, is issued for the site identified above, as follows: The principal structure acquires Prior Non-Conforming (PNC) status for side yard encroachments of 4.6', 4.7', and 4.8' as shown in the attached survey by Meridian Surveying and Mapping, dated 4/7/09. THIS DOCUMENT IS BEING RE-RECORDED TO ATTACH REQUIRED SURVEY. 3800 University Boulevard 0 West University Place, Texas 77005-2899 0 713.66804441 0 www.westu.org w 2 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 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 d 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, 3 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 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 Commission. ZONING BOARD F ADJUSTMENT, c CITY OF WEST IVERSITY PLA TEXAS mow.. .t (13 t By: _e rs Vice-Presiding Officer, Zoning B and 'f A ment rn w` t STATE OF TEXAS COUNTY OF HARRIS This instrument was acknowledged before me on (date) i (name) as Presiding Officer of the Zoning Board of Adjustment of the City of West University Place, Texas. iM M OROM .Arlr~ ZZ. ~ (SEAL) My commission expires: Notary Public ('s This instrument was filed in the Board's office on , and, if a mailing list is attached, copies were mailed to the persons on the list on NIA 5. By: UAL Name: S 1i ~ A.G~crk~,` ~ Title: ~ ~G~ ~ 5 l4t-~ After recordink return to: ~ Sallye A. Clark Secretary, Zoning Board of Adjustment _ City of West University Place A RPNY ;$IONHER INWHICHRESTPCTSIHESALERE! AL OR USEOFTHEDESCRIBEDREAL PROPERTY BECAUSE OF COI"R;RR ,CE6VA.LIDANDUINENFCRCEOLEUNDERFEDEWLAW. 3826 Amherst Street / THE STATE OF TEXAS Houston, Texas 77005 COUNTY OF HARRIS I he eby oertiy that N6 ns vment was FILED n Fie Numter Segotnce on the ate a?! a Nt'am (Phone 713-662-5843) stampedheremhyMe;INwasdWyREXADED.NNoOft iubkRKorBsatReal RropettofHams Cady, Texas on JUN - 5 2009 COUNTY CLERK * HARRIS COUNTY, TEXAS Z13P deMioo ALOT 19 ( LOT 18 I LOT 17 FNC CORNER BEARS FNC CORNER SEARS S14'58'29'E0.2T EAST 50.00' S791I9'22'WO.85' 3- U.E. 5' U.E. (SEE NOTE 3) (SEE NOTE 4) N LOT 7 ` r 4.8' u 2.8 ~ O ~ CJ (D TWO STORY O CD O STUCCO d N $ Q FRAME = O I J RESIDENCE $ E- J 0 p O Z In b 5' B.L. 79.5' 7,7, N (SEE NOTE 5) 4.T r 13.3' 4.8' ( ~W , a 5' B.L. T oIm I'Ji1 W r (SEE NOTE 5) CONC 1(~ p MW ` ~O 2RIVE 1S'B.L. JJ 14' (SEE NOTE 5) i 15o.oo' so.oa FND 112" IR FND 1!4' IR WEST 50.00 FND 1/2' RFND 1/2' IR Z ND ~ OBERLIN STREET j (PLATTED AS BURNS ST.) NOTES: (60' R.O.W.) 1.) SUBJECT TO APPLICABLE RESTRICTIVE COVENANTS LISTED IN REM No. 1, SCHEDULE'S' OF TITLE COMMITMENT tl" j ISSUED BY STEWART TITLE COMPANY UNDER OF No. 09114079. 2.) SURVEYOR HAS NOT ABSTRACTED SUBJECT PROPERTY, ABSTRACTING BY TITLE COMPANY ONLY, THERE MAY BE ADDITIONAL EASEMENTS, BUILDING LINES AND OTHER MATTERS OF RECORD NOT SHOWN HEREON. ,u 3.) SUBJECT TO 3' UTILTIY EASEMENT ALONG THE REAR PROPERTY LINE PER VOLUME 800, PAGES 280 AND 281, HCDR. 4.) SUBJECT TO 5' UTILITY EASEMENT ALONG REAR PROPERTY LINE PER VOLUME 800, PAGE 74, HCDR. 5.) SUBJECT TO ALL BUILDING SET BACK LINES PER VOLUME 800, PAGE 74, HCDR. E.)TWO STORY STUCCO AND FRAME RESIDENCE IS OVER THE 5' SIDE BUILDING SETBACK UNES AS SHOWN IF CONSTRUCTION UPON OR A DIVISION OF SUBJECT TRACT IS PROPOSED AND IF TRACT LIES IN THE CITY OF HOUSTON OR ITS EXTRATERRITORIAL JURISDICTION, PLATTING AND OTHER REQUIREMENTS MAY APPLY PER CITY OF HOUSTON ORDINANCES. SCALE: I"= 30' - ALL BEARINGS SHOWN ARE BASED ON THE RECORDED PLAT- SUBJECT PROPERTY IS NO,I LOCATED IN A FEDERAL INSURANCE ADMINISTRATION DESIGNATED HOOD ( D HAZARD AREA. LOCATED IN ZONE AS PER MAP 48201C08'JSL. DATED: 09/18/07. TWS WORMTON N BMW ON GPAVww PWTTM OWY. WE 00 NOT ASewe FWAPONSW RY FM EXAL? GE7EgMHATI(M. V Lai il19DLYum 7 COLONIAL TERRACE E Illm mum 8 _ VOLUME 855. PACE 293• H.C.D.R. s v c !ate um I HEREBY CERTIFY THAT THIS PLAT REPRESENTS THE ? RESULTS OF A SURVEY MADE ON THE GROUND ON y c HARRIS TEXAS THE 3rd DAY OF APRIL, 2009. 1•t M r c a LENDER Co. - OF T TEL 1713i 713--754- FAX 174) 721-754 1711E Co. STEWART TITLE COMPANY e'~•O`BTjs••F-~- PURCHASER AM CRAWFORD ~•Q~ •9d1 JOB No. 09-20750 g VIRGINIA CRAWFORD G.F. No. 09112879 ~PATRICKA~JORDAN ADDRESS 4222 OBERLIN STREET • 5525 v- • HELD WORK 04/03/08 GH HOUSTON. TEXAS E8B1d~ .0 DRAFTED BY 04/07/09 VJ MERIDIAN r Q suR~{` =I BY 04/07/09 PJ 51-MVEyING & MAPPING a` KEY MAP 532E 1000 W. SAM HOUSTON PKWY. N., STE. 113j REVISION HOUSTON, TEXAS 77043 .BAR m IwMll 5s • rwn AL M ~a ANY PRN*ION 4E;ES'A'-Y F;E:? CTS THE SATE RENTAL. OR USE OF THE DESCRIBED REAL PROPERTYiEASEvCiL;)R iCE6INVALIDANDUNENFORCEABLEUNDERFEDERALLAW, THE STATE OF TEXAS COUNTY OF HARRIS $ I hereby -N* Met Cs nsEUmanl was FILED 'm Fie Number Sequence oe k ogle and g k Bm, l ~mPed aereon bq me; iM.ai 64 RECORDED. In Me ORidal Pubk Records of Rea pmpegy of Hwb 9 Canty, Texas on C JUL 2 7 2009 COUNTYCLERK u- - Z * HARRIS COUNTY, TaM ~1 N