HomeMy WebLinkAboutZBA Decision 2005-15(2) SE (2) copy. ~
w
~ City of ~est U~iversity Place
A Neighborhood City
4 ~ aeeyeiea ~~~ ~
Fortn ZON-203 dec granting special exception, 12-04
' Y9~$736
~f ~~~`~~ ' Zoning Board of Adjustment ii/30~05 300736750
~
~ City of West University Place, Texas ("City")
~~
Docket No. OS-15 (2)
~ DECISION GRANTING A SPECIAL EXCEPTION
Addressofbtcildingsite: 3764 Arnold Street, West University Place,
Texas 77005
~z4oeo
~ 'a~
Legal descriptio~: of the buildii:g site Lot six ( 6), in block two (2 ) of Sunset ~~
Terrace, Section Seven (7), a subdivision in Harris County, Texas, ~.-"
according to the map or plat thereof recorded in Volume 17, page 56
of the map records of Harris County, Texas.
Applicant: M. T. & Rebecca S. Arnold ~"'~°
Decisiof: orActio~: Requested: Applicant requests a special exception to allow
a second floor addition to the garage in its present location.
~~ Briefing, Notice, Hearii:g, Determi~:ations, Vote:
1 (X) ('zf reguirec~ Notice of pre-application briefing given on N/A and briefing held on N/A, in
~ accordance with the Zoning Ordinance.
(X) Notice of hearing was given by: Mail and on-site posting, in accordance with
w Article 11 of the Zoning Ordinance, by Sallye A. Clark, Planning Assistant of
~ the City.
(X) Hearing was held on Novembe r 17 , 2 0 0 5.
(X) Required findings and determinations have been made by the ZBA as follows: ( i) the
. proposed special exception will not cause any significant
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) Additional findings and determinations (if any) have been made, as follows: N/A
SPEC/AL EXCEPTION, Page 1
3800 University Boulevard • West University Place, Texas 77005-2899 • 713•668~4441 ~ www.westu.org
~
(X) The vote was: ~ for,~ against this decision.
~ Decisio~: of tl:e Zo~:iizg Board of Adjustme~it granting variance (subject to all applicable appeals):
Under and subject to the City's Zoning Ordinance and applicable law, a special exception as specifically
~ allowed by (identify the exact provision) Article 12. Prior Nonconformities, Section 12-105. Special
Exceptions to extend PNC Status of the Zoning Ordinance, is issued for the site identified above, but
subject to the following:
1) Prior non-conforming status is lost if the structure demolished
or alterations cause the removal of the encroachment.
Other Provisio~:s:
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
365T" DAY FOLLOWING THE EFFECTNE DATE OF THIS DECISION, AND SUCH WORK
MU~ST 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 REQU[RED FOR GRANTING A TIME EXTENSION. IF ANY WORK
OR CONDITION IS NOT DONE WITHIN A PRESCRIBED TIME PERIOD--AND NO TIME
EXTENSION IS GRANTED--THIS DECISION REMAINS IN EFFECT, BUT IT IS SUBJECT TO
REVERSAL OR MODIFICATION BY THE BOARD WITHOUT ADDITIONAL NOTICE OR
HEARING.
~ THIS DECISION APPLIES ONLY TO THE SPEC]FIC ZONING ORDINANCE PROVISION
IDENTIFIED ABOVE. IT DOES NOT APPLY TO OR AFFECT: (A) OTHER REQUIIZEMENTS
~ (SUCH AS, FOR EXAMPLE, REGULATIONS SITES, BLTII,DINGS 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 (1NCLUDING, FOR EXAMPLE, CITY PROPERTY AND EASEMENTS). THE
APPLICANT NILJST SEPARATELY APPLY FOR AND RECEIVE APPROPRIATE PERMISSIONS
~ FROM THE BUII..DING & STANDARDS COMMISSION, THE CITY COUNCIL OR OTHER
BODIES THAT MAY HAVE AUTHORITY TO ACT ON SUCH REQUIIZEMENTS.
,~
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 ACTNITY, SITE OR STRUCTURE.
TO OBTAIN A RULING FOR ANY OTHER ITEM REQUIRES SEPARATE APPLICATION,
NOTICE, HEARING, PROOF AND BOARD FINDINGS. NOTHING 1N THIS DECISION IMPLIES
THAT ANY SUCH FINDINGS WOULD OR WOULD NOT BE MADE BY THE BOARD.
SPECIAL EXCEPTION, Page 2
THIS DECISION REMAINS IN EFFECT FOR AN INDEFIlVITE 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 & 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.
ZONING BOARD OF ADNSTMENT, ; ~ ~~~ ~ ~ ~ ~
CITY O WEST iJNIVERSITY PLACE, TEXAS =~ ~~. ~~: I
.;: ~~ ;, c`~
By: ~?-.~ ` , ",~ °`~
. •' ~; o ;~-~-
Presiding Office oning Board of Adjustment :~!" ~~; r,,,,,~ ;-~g
' - ~ ~: . ~ . ... ~.~1
STATE OF TEXAS ~ ~ . :?
COUNTY OF HARRIS I/ ) ~~
This instrument was acknowledged before me on ~ ~ ~(date) by rl~ ~/ me) as
Presiding Officer of the Zoning Board of Adjustment o the ty of West University Place, Texa
.=.,~,r~~:_. -_ --~
~~!^+~{;•., ~;hLIYE i~. CLR.RK ~
:9 •~ .
f+( + r 11~• C~:l.~r.~ISS10!~ Ek^I~r!E5 ~
+ ..
'`',,,~;e~~'~ ~ ~~I.AY 'i R, 7~}r1F ~I{)
.xz+z-~~.~ .; cs; ~: --~• - .~v--l.==c-~^~
(SEAL) ~ O
My commission expires:
otary Public
This instrument was filed in the Board's o~ce on ~~ ~ , and, if a mailing list is
attach.ed, copies were mailed to the persons on the list o N/A. , ~ .~ ~
By:
After recording return to: ~
Sallye A. Clark
Secretary, Zoning Board of Adjustment
C i ty o f W e s t U n i v e r s i ty P l a c e
3826 Amherst Street
Houston, Texas 77005
(Phone #: 713-662-5843)
Name: /VE
Title: C /
SPECIAL EXCEPTION, Page 3
Nn ~or~aM ~w wx~ ~s~wcra n~ s~ ~qru, oa ust o~ n~ o~ a~u
~~ ~~ o~ a~ a~auo uo ukaa~ ~~ uw
cq Nr-oF "~"~w~gnp~waF~r~~~r ~~
~~ ~OIM161 IIIII'H~IIy~AI fqNN C9~Aq IG~ on. M Ihe
NOV 3 0 x005
, ~~~~~~
~
. H~ARR~P~~~i~