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HomeMy WebLinkAboutZBA Decision 2009-11 SE City of West University Place A Neighborhood City 2 1711 9tl4 22 9 43 Recycled Paper 0cf ,,:'2004 RP1 $40.00 ® Zoning Board of Adjustment City of West University Place, Texas ("City") Docket No. 2009-11 DECISION TO GRANT A SPECIAL EXCEPTION Address of building site: 3130 Jarrard, West University Place, Texas Legal description of the building site: Lot Seventeen (17), in block Eight (8) of Rice Court, an addition in Harris County, Texas, according to the map or plat thereof recorded in Volume 7, Page 47, of the deed Records of Harris County, Texas Applicant: Craig and Joan Murrin Decision or Action Requested. -pecial exception to extend and reinstate prior non- conforming status for existing side yard ad rear yard encroachments; authorize addition of dormers and other remodeling to converted garage under E Section 12-105 of the Zoning Ordinance Notice, Hearing, Findings, Vote: (X) Notice of hearing was ivy en by_ regular and certified mail (to nearby property owners) and by posting on-site in accordance with Article 11 of the Zoning Ordinance, by Sallye A. Clark, Planning Assistant, City of West a University Place, Texas. ~Nf (X) Hearing was held on : August 20, 2009 (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) a substantial investment has already been reasonably made in the PNC item, or in reliance upon it; (ii) extension of PNC status is necessary to allow a reasonable period in which to amortize the investment, or avoid unreasonable waste of any remaining value of the item with PNC status. (X) The vote was: 5 for; 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 Sect ion 12 -105 and 12 -103 (e) of the Zoning Ordinance, is issued for the site identified above, as follows: Under Section 12-105, this special exception: (i) extends and reinstates 3800 University Boulevard 9 West University Place, Texas 77005-2899 0 713066804441 0 www.westu.org 2 prior non-conforming (PNC) status for existing side yard and rear yard (setback) encroachments by the former garage (now converted to living space) located on this site and (ii) authorizes the addition of dormers and other remodeling to such converted garage, all as shown on the attached sketches, (marked Attachment "A"). Under Section 12-103(e), this special exception recognizes that the 1993 addition on the eastern side of the principal building (approximately 11.4 feet x 20.4 feet, as shown on the attached sketch) (marked Attachment "A"). would have the same PNC status as the former garage, with respect to the side yard requirement on the same side of the building site. 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 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 i MODIFICATION BY THE BOARD WITHOUT ADDITIONAL NOTICE OR HEARING. P01 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 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 3 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, 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 OF ADJUSTMENT, Ur - CITY WEST UNN SITY PLACE, TEXAS By: ~J- J-4~ residing Officer, ni Board of Adjustment , ~50r1 STATE OF TEXAS COUNTY OF HARRIS r I. This instrument was acknowledged before me on 1 1t~~ (date) by R 'v ~me) as Presidin ~„7~, ' stment of the City of West University Place, Texas. Jose M Oi10sC0 j My ComMUW Extras p~ Am 22. 2018 Ash My commission expires: - \-Z Notary Public This instrument was.fsled in the Board's office on -IJ 5/0 and, if a mailing list is attached, copies were mailed to the persons on the list on n/a n By: Name:, Title: k ~ After recording return to: Sallye A. Clark Secretary, Zoning Board of Adjustment City of West University Place V " 3826 Amherst Street Houston, Texas 77005 (Phone 713-662-5843) 2.5' UTILITY EASEMENT EAST 50.00' PROPOSED NEW I N - - DORMER TT , It jr I N r rj i EXSITING A- OOF R 20' / I REAR YARD AREA OF NEW WORK CD C/) of to o 1- Story N Brick & _ Stone FF=51.11 0 0 0 AREA CALCULATIONS 1000 SF REAR YARD AREA 337 SF BUILDING AREA IN LOT 1 i YEAR YARD 33.7 % COVERAGE 546 SF TOTAL LIVING SPACE IN YEAR YARD VEST 50.00' 09- O J A R R A R D S T R E E T 50' R.O.W. ELEVATION 3 0 0 N f\tv S AIR F-1 O ~ o i i i i i i t EMODEL EXI TIN N 20' REAR YARD ATHROOM I 4O LINE O I Q > W ~ J j W i i EXISTING BEDROOM i o i 1 i i ( ELEVATION I ,1q CREEN 09'- N PROPOSED FIRST FLOOR PLAN SCALE: 1/4" = 1'-0" ELEVATION 3 NEW FIXED GLASS TRANSLUCENT WINDOW E T I , , 1 EXISTING LOFT N z O > 27REAR YARD , T 4 Q I LINE w U ' O O co w z , , ql NEV) DESK i E-9 NEW ? CASEMENT WINDOW r4cu ELEVATION I ,-J L 09-0 PROPOSED SECOND FLOOR PLAN SCALE: 1/4" = 1'-0" XLP k-27 Atthen~ to hu ac lowu is d at; roproduct on s-1 b'r0 E NOIIVA313 Copy, discolored rF r. Z NOllb/1313 and changee were present at 'we ulx~u the tone was filed and recorded, msUumW* 1 00_ 1 4-4 (A O N ONIQIS ANV-ld Am:fVH H11M 2tGVOJOa M3N SSV-lJ 1N3onlSNVZIl -1113N1 H11M aNV MOONIM SMOaNIM ONIISIX3 a3X13 M3N 3AOW32~ L NOIIVA313 ONIaIS NNVId t ACRJVH HlIM 1:131N?1Oa M3N AL FILED 2009 SEP 1 6 M-1 llt 16 COUNTY CLERK HARRIS COUNTY. TFXAF of sit M s N g i~ C.p v ~ gas° eravs