HomeMy WebLinkAbout06182009 ZBA Decision 2009-07 Var
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City of West University Place
A Neighborhood City Zoning Board of Adjustment
Recycled Paper City of West University Place, Texas ("City")
Docket No: 2009-07 2009"0 3336 14 07/27/2009 RP3 $24.00
DECISION GRANTING A VARIANCE
Address of building site: 2830 West Holcombe. West University Place Texas 77005
Legal description of the building site: The south 145.25 feet of Lot 3 in Block 1
of West University Place, a subdivision in Harris County, Texas,
according to the map or plat thereof recorded in Volume 444, page
560, of the Deed Records of Harris County, Texas.
Applicant: Carmen S. and Roger J. Pokluda
Decision or Action Requested: Request a variance to allow a fence exceeding 7'
in height and within 5' of the front street
line in a designated PDD-TH1 (townhome)
zoning district.
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.
(X) Hearing was held on June 18, 2009.
(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.
(X) Additional findings and determinations (if any) have been made, as follows: N/A
(X) The vote was: 5 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 Article 7,
Table 7-6, Note 12 of the Zoning Ordinance is granted for the site identified above, as follows:
For the placement of a wooden cedar fence two feet from the front
street line along the West Holcombe right of way and north from the
intersection along the Brompton Avenue right of way. (This variance
applies to the portion of the fence located in the front yard of the
building site only). This variance is granted subject to the
VARIANCE Dkt 2009-07, Page 1
3800 University Boulevard • West University Place, Texas 77005-2899 0 713066804441 • www.westu.org
r following conditions:
(i)The variance is effective only as long as the existing structure
remains on the building site; and
(ii)If the existing fencing is replaced, it must comply with the
height restrictions contained in Table 7-6, Note 12 of the zoning
regulations.
Other Provisions:
THIS DECISION SHOULD 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.
f
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 COUNCILOR 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
VARIANCE Dkt 2009-07, Page 2
PPP'
SUBJECT TO THE REGULATORY JURISDICTION OF THE CITY. IT MAY BE AMENDED OR
PROPERTY RIGHT OR VESTED RIGHT OF ANY
REVOKED. THIS DECISION GRANTS NO
KIND.
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 10 days after the date this decision is filed in the Board's office.
N
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ZONING BOARD OF ADJUSTMENT, P, o 10
LACE TEXASn C- F
CITY %t4 EST URSI'TY PU,601~
By:~ -
Presidinning Board of Adjustment
STATE OF TEXAS
COUNTY OF HARRIS
This instrument was acknowledged before me on (date) by ~C 1.1420 L L&d (name)
as Presiding Officer of the Zoning Board of Adjustme t of e City of West University Place, Texas.
UrMi:71 q, 30--- /,;L
`T ' ? } Septa W 30, 2012 Notary P~blic
This instrument was filed in the Board's office on 01 9 , and, if a mailing list is
attached, copies were mailed to the persons on the li on ) .
By:
Name: Cvart
Title: ~Gttlnt>Z
After recording return to:
Sallye A. Clark
Secretary, Zoning Board of Adjustment
City of West University Place
3826 Amherst Street aaix oa'~'oTv
THE STATE OF TEXAS
Houston, Texas 77005 COUNTY Of HARRIS
(Phone 713-662-5843) ~a'0a"'~"'1MA1411~~~'AgA aMd~Y+yrf
AMC uintldr . Y 40fa1 Rlk~~IIW h ~Ilra
JUL 2 7 2009
VARIANCE Dkt 2009-07, Page 3°F`oo
u
✓s COUNTY CLERK
HARRIS COUNT, TEXAS