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HomeMy WebLinkAbout03072002 BSC Decision~ ~ aeeyciea r~ape~ City of ~est U~i~ersity P1ace A Neighborhood City Building and Standards Commission City of West University Place, Texas ("City") DECISION TO GRANT A VARIANCE Address of Site: 3511 Amherst Street Docket nu-nber: 02-O1 Legal Description of Site: Lot 2-A, Block 45, West University Park, according to the map or plat thereof recorded in Volume 9, Page 13 of the map records of Harris County, Texas. Building Permit Nurnber.• 247 Permittee/Applicant: Douglas Bradley and Janet Childers Decision or Action Requested or Proposed.• Request for variance from the Standard Codes Schedule, International Mechanical Code, 2000 Edition, amendment number three. {All return air ducts must be installed within 10 inclies of the tinished floor in all new residential construction and wherever possible in existing buildings.} Notice, Hearing, Findings, Vote: (X) Notice given as follows: (X) Hearing held on: March 7, 2002 •X) Permissive Factors: In considering this variance, the BSC took the following into account these matters (if any): () The variance will assist in the preservation of historic structures. ~(X) The application involves remedial work necessary to bring a structure into compliance with applicable ordinances. (X) There are other similar circumstances in existence. (X) Mandatory Factors. In considering this variance, the BSC took all the following into account: -Whether the applicant made an earnest, good faith effort to comply with the requirement. Whether the applicant brought the matter to the attention of the City on his own motion, without intervention or enforcement action by any City official. -Whether alternative methods or procedures will achieve the same, or substantially the same, result as literal compliance with the requirement. (X) Required Findings. The BSC affirmatively finds all of the following: - The imposition of the requirement imposes an exceptional hardship upon the applicant. - No reasonable and feasible method or procedure is currently available to comply with the requirement . - The imposition of the requirement is unjustified because of good and sufficient cause demonstrated to the BSC. - The variance will not introduce or increase any threat to the public health or safety. - The variance is consistent with the purpose and intent of the ordinance in question. - The variance will not cause a nuisance and will not unreasonably interfere with the use of nearby property. - The variance will not cause a fraud to be worked upon the public or any individual. - The variance will not cause an increase in public expenditures or budgets. - The variance will not create an irreconcilable conflict with any other ordinance, law, rule or regulation. (X) Additional Findings: None . 3800 University Boulevard • West University Place, Texas 77005-2899 • 713•668•4441 • www.westu.org a age 2 ~SC Decision, Docket 02-01 (X) The vote: Albin, McDaniel Slimp, Jorge-Jimenez Marcos, and Kehn FOR; none OPPOSED. Decision (subject to all applicable appeals): A variance from the Standard Codes Schedule, International Mechanical Code, 2000 Edition, amendment number three is hereby granted to the permittee/applicant named above to allow the air ducts as installed in the structure at 3511 Amherst. This variance is for an indefinite period, unless a temporary period is indicated above. This variance remains subject to the regulatory jurisdiction of the City and it does not grant any property right or vested right of any kind. Effective Date & Appeals: This decision takes effect on the date it is filed in the Board's office, unless otherwise indicated above. Any appeals of this decision are subject to and governed by applicable ordinances and laws. By: Ch ', u~lding and Standards Commission ~tate of Tex s 5 County of rl This instrument was acknowledged before me on Chai an for the Buildin nd St dards Commission. ~ t ry Publ 's S~gnature (Personalized Seal) D o2~ ~date) by James McDaniel, :o~'""'"~¢ SALLYE A. CIARK ~ . Notary Public, Stete of Texes 4 My Canmlaelon F~irea ~~~f pF ~t~ MAY 18, 2002 Filed in the Board's office and forwarded to applicant on Development Assistant. ~' oCx~D~ , by: Planning and ~