HomeMy WebLinkAboutZBA Decision 2009-11 SE
City of West University Place
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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
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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
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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
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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)
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FILED
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