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Home My WebLink AboutZBA Decision 2005-21 Vari I ' ~„~~~~~a . ~~ ~ City of ~est U~i~ersity P1ace A Neighborhood City ec granting variance, 12-04 05/30/06 30pg~ 4~y311 Z' B d f Ad' ~ ~ ~ ~i ~ ~ ~ ~ ~~ ~ ~ ~ ~ ~ omng oar o ~ustment City of West University Place, Texas ("City") Docket No: 05-21 DECISION GRANTING A VARIANCE 2~ ~ Addressofbuildingsite: 6518 Mercer Street, West University Place, Texas 77005 Legal description of tl:e building site Lot 4-A, in block 35, of West University ~ Park, an addition in Harris County, Texas, according to the map or plat thereof recorded in Volume 9, Page 13 of the map Records of Harris County, Texas. Applicant: Maria and Erik Herbst Decision orAction Requested: Applicant requests a variance to replace HVAC units in their pre-existing location on the 2nd floor of garage. Notice, Hearing, Determinations, Yote: (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 ofthe City. (X) Hearing was held on February 16 , 2 0 0 6 and March 16 , 2 0 0 6. (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 tl:e Zoning Board of Adjustmei:t grantii:g variance (subject to all applicab[e appeals): Under and subject to the City's Zoning Ordinance and applicable law, a variance from (identify the exact provision) Table 7-6, Proj ections Schedule, Note 6. Equipment in Rear or Side Yard of the Zoning Ordinance is granted for the site identified above subject to the following: VARIANCE, Page 1 3800 University Boulevard • West University Place, Texas 77005-2899 • 713•668•4441 • www.westu.org 1 ~ Otl:er Provisio~:s: THIS DECISION SHOULD BE RECORDED IN THE HARRIS COUNTY REAL PROPERTY RECORDS, AND THE COST M[JST 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 FOLLOWIl~TG THE EFFECTNE DATE OF THIS DECISION, AND SUCH WORK MUST BE COMPLETED IN ACCORDANCE WITH SUCH PERMITS (AND ALL APPLICABLE REGULATIONS) ON OR BEFORE THE SECOND ANIVIVERSARY OF THE DATE OF THIS DECISION. NO EXTENSION OF ANY PRESCRIBED TIlVIE PERIOD IN THIS DECISION MAY BE GRANTED WITHOUT AUTHORIZATION FROM THIS BOARD. NEITHER ADDITIONAL NOTICE NOR HEARIlVG IS REQUIRED 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 SPECIFIC ZONING ORDINANCE PROVISION IDENTIFIED ABOVE. IT DOES NOT APPLY TO OR AFFECT: (A) OTHER REQUIREMENTS (SUCH AS, FOR EXAMPLE, REGULATIONS SITES, BUII,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 (INCLUDING, FOR EXAMPLE, CITY PROPERTY AND EASEMENTS). THE APPLICANT NICTST SEPARATELY APPLY FOR AND RECENE APPROPRIATE PERMISSIONS FROM THE BUII,DING & 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, HEARIl~TG, PROOF AND BOARD FINDINGS. NOTHIl~TG IN THIS DECISION IlvIPLIES THAT ANY SUCH FINDINGS WOULD OR WOULD NOT BE MADE BY THE BOARD. THIS DECISION REMAINS 1N EFFECT FOR AN IlvDEFIl~IITE 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. VARIANCE, Page 2 E'ffective 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 ADJUSTMENT, CITY OF WEST Jd~NIVERS~Y PLACE, TEXAS By: oard of Adjustment ~ ~ STATE OF TEXAS COUNTY OF HARRIS ' f ~./ This instrument was acknowledged before me on ~ ~ (date) by ~~ (J~Lt~ame) as Presiding Officer of the Zoning Board of Adjustm nt of e City of West University Place, Texas. ~ A CIMIK Mr CommMM ~ENNiM .--- --, My commission expires: _ This instrument was filed in the Board's office on ~ attached, copies were mailed to the persons on the list ~/ After recordin~return to: Sallye A. Clark Secretary, Zoning Board of Adjustment City of West University Place 3826 Amherst Street Houston, Texas 77005 (Phone #: 713-662-5843) N (~ v; Ln k~ c, .. o ~ ~. ~~.~ '~~ ~ ~- ~ 3C ~ ~~ ~ .a ~ ~ W L' J ~ 1,r r~ ~l ~ `~ ~v . ~ ~ Rt v s ~ ~ ~ a o o ~ N ~ By: ~ , and, if a mailing list is Name: J ~ (~~ Title:. ~U i~ ! j'1 C] C I G1. ~l ~i~Q~ ~ ~~o"~'ue ~oa~ ~ u~rr. CO ~NTYO~F iRRI~ Iele ~nd "~l Oie tlmehl tli Yqlunenlw~e FIIFD M Fle ~~ Se~ on tl~e Oflidd Puplk Record~Reil PropeA~of wrtrh Counh, Teno on ~~ MAY 3 0 2006 ,o~ "'"ti-r 3'a ~° u ~~ : • .~ ~,. o~ * VARIANCE, Page 3 ~~y~ U ~j~\ ~r~t~/ COUNi1r CLERK HARRIS COUNi1;TEXAS