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Home My WebLink About09162004 ZBA DecisionR` ~~ ( } ~~.t'~ v~ ~. . .` , ~ /~ ~ aeeyo~ea Paper ~, ~ City of ~est A Neighborhood City Form ZON-203 dec granting special exception, 12-04 U~iversity s~.~a ~ 01/12/05 3 ~ `~ I 2~~ Zoning Board of Adjustment City of West University Place, Texas ("City") Docket No. 04 -13 DECISION GRANTING A SPECIAL EXCEPTION Addressofbuildingsite: 3824 Northwestern Street, West University Place, Texas 77005 Legal description of'the building site: Lot 12 , in block 2, of Col legeview, ~ addition three (3), a subdivision in Harris County, Texas according to the map or plat thereof, recorded in volume 572, page 33 of the deed records of Harris County, Texas. Applicant: Nancy J. Halas ~~ Decision orAction Requested: Request for a special exception to extend PNC status to allow replacement condenser unit (AC) to remain on slab of original AC unit in side setback. Briefing, Notice, Hearing, Detern:inations, Vote: (X) (if require~ Notice of pre-application briefing given on (N/Al 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 Article 11 of the Zoning Ordinance, by Sallye A. Clark, Planning Assistant ofthe City. (X) Hearing was held on September 16, 2004 . (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 SPECIAL EXCEPTION, Page 1 3800 University Boulevard • West University Place, Texas 77005-2899 • 713•668•4441 • www.westu.org i 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) (X) The vote was: 4 for, 1 against this decision. Decision of tjie Zoning Board of Adjustment gra~:ti~:g variance (subject to al[ applicable appeals): Under and subject to the City's Zoning Ordinance and applicable law, a special exception as specifically allowedby(identifytheexactprovision) Article 12, 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: (N/A) Other Provisions: THIS DECISION SHOULD BE RECORDED IN THE HARRIS COUNTY REAL PROPERTY RECORDS, AND THE COST MLTST BE PAID BY THE APPLICANT. UNLESS OTHERWISE SPECIFIED 1N 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 ANNNERSARY 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 REQUIRED FOR GRANTING A TIME EXTENSION. IF ANY WORK OR CONDITION IS NOT DONE WITHIN A PRESCRIBED T1ME 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, BUILDINGS AND OTHER STRUCTURES UNDER CHAPTER 6 OF THE CODE OF ORDINANCES, OR ANY OTHER PROVISIONS OF THE ZONIlVG ORDINANCE), OR (B) PROPERTY RIGHTS OF THE CITY OR OTHER PERSONS OR ENTITIES (]NCLUDING, FOR EXAMPLE, CITY PROPERTY AND EASEMENTS). THE APPLICANT MUST SEPARATELY APPLY FOR AND RECENE APPROPRIATE PERMISSIONS FROM THE BUILDING & STANDARDS CONIMISSION, 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 ACTNITY, SITE OR STRUCTURE. SPECIAL EXCEPTION, Page 2 .i TO OBTAIN A RULING FOR ANY OTHER ITEM REQUIRES SEPARATE APPLICATION, NOTICE, HEARIl~TG, 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 NRISDICTION 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 othen~vise 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 Govemment 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. ZONII~IG BOARD OF ADNSTMENT, I O~ CITY OF WEST UNNERSITY PLACE, TEXAS By: Zoning Board of Adjustment STATE OF TEXAS COUNTY OF HARRIS ~ t~'~ lnl Y U~c ~~~'C s ~ l.J~l.~o ( ledg ) name as City of West University Place, Texas. ... JOSIE MARIE OROSCO • M MY COMMISSION EXPIRES ~d,, JUNE 22, 2005 (SEAL) r 1 ~ My commission expires: ~ _ lJ' ~ a t-- c~ '` ~~, ~W ~ r ~ ~' ,,..~ UJ~.: J ~L ' > ~rY W ' ~Y..-G ..~ ~~ before me on ~~1P,'~~~'~~ 1 ~. (date) by Presiding Officer of the Zoning Board of Adjustment of the ~~Os~c~..1~~ ~~ ~. ~~~~ Notary Public J ~ ~: ~~, SPECIAL EXCEPTION, Page 3 ~ .;~~ ~ , ~ R x ~~ ~ . ~ s 1 This instrument was filed in the Board's office on _ is attached, copies were mailed to the persons on the After recording retum to: / Sallye A. Clark / Secretary, Zoning Board of Adjustment City of West University Place 3826 Amherst Street Houston, Texas 77005 (Phone #: 713-662-5843) J and, if a mailing list f?E~Cq~F~ c MI:•"iiC1P.AMD`JM: ~ •;ament wn$ At ths lin:t. , ~ ;,:', ~'' • .' . ., :~•'•RhIC ~;~ ,,,,~:~- . ... . ~. .4. ..i.a;~ssn ot ic;;r:d 1n .;~ ~~,.:• o,ur . re~roauctcc:n ~:•~~':: ' ~' photo copy, ~~sc~!~`p~ ~'Une~' ~~sent'at~the~time additi~ns and cha;~g~s :were p the insteumBntwas tiled and reW~ded. THE STATE OF TEXAS COU~ OF hY-RRIS ~jy~hs;rl~rM'~, ~OIsIhMe~Awr~w% rh~1~l11MY pou~,isnn ~r ~„ ~~N w~cx ~rnacn nE wE, ~rr~, a~ u~ ~ nE oua~ ~ aNOrem ~ ff ara a~ ~ e ~vK» wo uEira~auaE uoei ~ uw. JAN 121005 ~~~~~~~"/ ~ COUNT7 CLERK HARRIS COUNTY~ TF~V-S SPECIAL EXCEPTION, Page 4