HomeMy WebLinkAbout05212009 ZBA Decision 2009-06 Var
City of West University Place
A Neighborhood City
3 ® Recycled Paper
q 2 0 CV 7 Q 2 .l...=., 7 7 1
V
Zoning Board of Adjustment
City of West University Place, Texas ("City")
Docket No: 2009-06
DECISION GRANTING A VARIANCE
Address of building site: 6648 Rutgers
Legal description of the building site: Lot 1A-1, Block 39 of West University Place, Section 1, (the
south half of the east 100 feet of Lot One (1), in Block thirty-nine (39) of West University Place), I
according to the map or plat thereof recorded in Volume 444, Page 560, of the Deed Records of Harris
County, Texas.
Applicant: Dianne Nachlas
Decision or Action Requested: Variance to allow a structure (sliding fence gate and fence posts) taller
i than 2' and less than 8" in a driveway visibility triangle.
Notice, Hearing, Determinations, Vote:
~d! (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.
(X) Hearing was held on May 21, 2009 at 6:30 p.m.
(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.
Additional findings and determinations (if any) have been made, as follows: N/A
(X) The vote was: 5 in favor, 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 Table 7-5a,
Visibility Triangles, "The following are forbidden on parts of a building site within a visibility triangle:
structures, plants or other things taller than 2 feet or shorter than 8 feet" of the Zoning Ordinance is
granted for the site identified above, as follows:
Sliding gate structure and adjacent side panel (one either side of the gate) may be constructed within the
driveway visibility triangle with the following conditions:
1) No vine plantings are allowed on the fence panels adjacent to the sliding gate;
VARIANCE, Page 1
3800 University Boulevard • West University Place, Texas 77005-2899 • 713066804441 0 www.westu.org
2) Any replacement fencing must remain open so that visibility (consistent with a wrought iron
fence) remains; and
3) This variance is no longer effective once the principal structure is demolished.
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.
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
E UNDER CHAPTER 6 OF THE CODE OF ORDINANCES, OR ANY OTHER PROVISIONS OF THE
p ZONING ORDINANCE), OR (B) PROPERTY RIGHTS OF THE CITY OR OTHER PERSONS OR
u ENTITIES (INCLUDING, FOR EXAMPLE, CITY PROPERTY AND EASEMENTS). THE
01 APPLICANT MUST SEPARATELY APPLY FOR AND RECEIVE APPROPRIATE PERMISSIONS
FROM THE BUILDING & STANDARDS COMMISSION, THE CITY COUNCIL OR OTHER
1 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
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
within 0 a fter the date this decision is filed in the Board's office.
4 Gii
ZONING BOARD F ADJUSTMENT
CITY OF WEST IVERSITY PL . C , TEXAS
c-a~ ~ tP
r-h
By: ~5
Vice-Presiding Officer, Zoning oard f A ' ntm F
cn
STATE OF TEXAS
COUNTY OF HARRIS ff
This instrument was acknowledged before me on QN (date) by
as Presiding Officer of the Zoning Board of Adjustment of the City of West University Place, Texas.
SOME M CROeCO
~ Z00!
I
(SEAL)
~ My commission expires:
Notary Public
q~
This instrument was filed in the Board's office on 13 Lo , and, if a mailing list is
i attached, copies were mailed to the persons on the list on (N/) .
w
By:
Name:
o
lC, / t-~'S
After recording return to: Title:
Sallye A. Clark
Secretary, Zoning Board of Adjustment
City of West University Place
3826 Amherst Street
Houston, Texas 77005
(Phone 713-662-5843) ANY PROM ON HEREINWHICH.ES +ITS"HESs'.E RENTAL. OR WE OF TNEDESCRIBEDREAL
PROPERTY BECArSE OF CC LC's:R ;CE 4 IMrALIO AND UNENFORCEABLE UNDER FEDERAL UW.
THE STATE OF TEXAS
COUNTY OF HARRIS
I herby :edy mat mb ns,^, man' orss FILED In Fie Number Squence on me 4ate and it Ne 6oe
slam Ded hereon by me, ano was duty R ECLRDED. In Ml Oft Pubic RttLtd E of Real Prope ty of Name
Carry,Taason
VARIANCE, Page 3 JUN - 5 2009
COUNTY CLERK
* HARRIS COUNTY, TEXAS