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Home My WebLink About12162004 ZBA Decision' ; ~~ ~ ~~ ~ City of ~est Uni~ersity P1ace ~ A Neighborhood City ` 1~ . Recycled Pap.~ rr• (l~ ~~ ~ Form ZON-201 dec granting variance, DRIVEWAY HEIGHT ns ndopted 1-6-04 \ ovizros aoo~sso1sszg ~' Zoning Board of Adjustment ' City of West University Place, Texas ("City") Docket No: 0 4 -18 DECISION GRANTING A VARIANCE Addressofbuildingsite: 3826 Oberlin Street, West University Place, Texas 77005 PP 9 sza.oo Legal description of the building site: Lot 16, in Block 10, of Collegeview, an addition in Harris County, Texas according ~ to the map or plat thereof, recorded in Volume 6, Page 44 of the Map Records of Harris County, Texas A lica~:t: Me an Morris ' 1~ Decision orActioi: Requested: To allow placement of the driveway to be over 6" above base elevation in side yard. Notice, Ileari~g, Determi~iatio~:s, Vote: (X) Notice of hearing was given by: ma i 1 and on - s i t e po s t ing in accordance with Article 11 of the Zoning Ordinance, by Sal lye A. Clark, Secretary of the Board ofthe City. Note : notice of rehearing also given by mail and on-site posting. (X) Hearingwas held on December 16, 2004 (rehearing on January 6, 2005) (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. VARIANCE, Page 1 3800 University Boulevard ~ West University Place, Texas 77005-2899 • 713•668•4441 • www.westu.org '' Deci'sion of tl:e Zonii:g Board of Adjust~ne~:t gra~:ting varia~zce (subject to all applicable appeals): Under and subject to the City's Zoning Ordinance and applicable law, a variance from (identify the exact . provision) the provisions of Article 7 restricting the height of a . driveway that projects into a side yard (see Tables 7-2 and 7-6) ofthe Zoning Ordinance is granted for the site identified above, but subject to the following: (1) Limitations on Driveway. The location and height of the driveway must comply with the attached Exhibit A. The driveway area may be no larger than necessary to provide ordinary garage access. ~ ~ ~ F~ ~ ~ ~ ~ ~ ~ ~ (2) Drainage Plan. Before construction of the driveway, and on or before the 90t~y following the effective date of this decision, the applicant must file with the City Planner a new or revised drainage plan meeting these criteria: (a) it must be prepared and sealed by a registered professional engineer, (b) it must demonstrate compliance with the applicable drainage regulations of the City (see, e.g., Chapter 6 of the Code of Ordinances), assuming the driveway is constructed as shown in Exhibit A, in addition to all other improvements on the site, (c) it must demonstrate that no water will wash off the subject site onto neighboring properties, (d) it must otherwise comply with all applicable regulations, and (e) it must have been approved in writing by the building official as to compliance with this decision and the other applicable regulations. Provided, the applicant may construct the driveway before preparation of the new or revised drainage plan, subject to these conditions: (i) the construction would be at the applicant's sole risk, (ii) the driveway must be promptly removed or modified to the extent necessary to comply wi th the drainage requirements of this decision and other applicable regulations, and (iii) the applicant acknowledges these conditions in writing before construction. (3) New Catch Basin. On or before the 90th day following the effective date of this decision, the applicant must apply for and receive all necessary City permits (new or amended) to add a drainage catch basin on the neighboring property immediately west of the proposed new driveway and either: (a) construct the catch basin, with the owner's consent or (b) reimburse the owner the reasonable cost of such construction paid for by the owner, not to exceed fair market value. The new catch basin must provide additional drainage to the street. (4) Construction. All such construction must comply with required permits, this decision, the new or revised drainage plan and other applicable regulations, and it must be commenced and completed within two years from the date of this decision. VARIANCE, Page 2 Otfier 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 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 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 AN1vIVERSARY OF THE DATE OF THIS DECISION. NO EXTENSION OF ANY PRESCRIBED T1ME 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 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 SPECg'IC ZONIlVG 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 RECENE 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, HEARIl~TG, PROOF AND BOARD FINDINGS. NOTHING IN THIS DECISION IlVIPLIES 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 GR.ANTS 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 VAR/ANCE, Page 3 °` governed tiy the rules of the Zoning Board of Adjustment. Any appeals of this decision are subject to and gover•ned by applicable ordinances and laws, including: the Zoning Ordinance and Chapter 211, , Te~c. 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. ZONII~TG BOARD OF ADNSTMENT, CITY OF WEST IJNIVERSITY PLACE, TEXAS By: Board of Adjustment STATE OF TEXAS COUNTY OF HARRIS 1 ~~ b~ ins ment as, acknowledged before me on .. ~`- ~ (date) by ~~1(`(~~;~1~~~~ (~i me) as Presiding Officer of the Zoning Board of Adjustment of the City of West Universiry Place, Texas. JOSIE MARIE OROSCO . 1 fv1Y COMM15SION EXPIRES °: JUNE 22, 2005 (SEAL) r ,~ ~'`~ t~~ ~'' My commission expiresV~ ~ ~""~w ~ This instrument was filed in the Board's office on ~er recording return to: / Sallye Clark, ~/ Public Works Department City of West University Place 3826 Amherst Street Houston, Texas 77005 (Phone #:713-662-5843) ~~~ ~. YV`~~ ~n Q ~~~ ~ Notary Public I ~ ~O By: Name: ~~ . ~. Title: ~ (~~ ~G G~~~~ J VARIANCE, Page 4 ~~ s =a i~ ~a c-~ - ~ u r ~ ~ , ~---" ~ • :~ ~ C N ~~ ~ . ~ ;<rn t' ~`~ .: ~ _,;v q~ ~ rn:c ~ ~ .. x w N ~ ~ ~i r rn ~ _ • . ' . .,• , . [ North Maximum extent of driveway (the area may be no larger than necessary for ordinary driveway access).~~ ~Maximum height ~of driveway in this area is garage ~finished floor ~ '~level of existing ~ garage (GFFL) ~ ~ E - ~ ~fVlaximum height ~f driveway is 6 inches above the standard base level (see . Zoning Ordinance~ Exhibit A 50.00' Q ~ 5 U E o ------ --*- - - - ~-- - W MASfER Z ~ DISC~INEGT ~ POR A/C ~ Ur • ~ N Z \ GAS METER m ~ N 6'-5° 23'-8" 16'-10" sir~c~ nnam~ OISOONNH.T I =~- \ ~ ELEGTRICMETER ~ -- E PREAI~A ^^~ g~_~" I • \ \ I ~ '- . ~ ~ • \ . ~ ~ •- - •- ~ . . ~. . -- ~ .- ~ ~ . ~~ _ . . • . N \ , _ 1 , I 1 - . . 1 . -. .. ~ ,. . i \ ` All levels and heights are expressed in inches above the standard base level (see Zoning 4 Ordinance). ~°, ~. ~ - ~\\\\\\\i\\\\\\\\\\`' 0 0 0 a ~ °o ~ -. ~ ~ ~ NEW TWO STORY ~ ~ BRICK RESIDENCE s~„R,~,,, , ' SEWER 36'~" '-1 I ~ - ~ • ~ - . I I' ~ . , I - -' ' --------------------- --- p L~_~__~'~~J ~ 2O~ U.L • 9'-0" m ^ ^ ^ • PROPERTY • 4'-0' CONG ~ ~~~~ . . WALK PER ' W.U.P ' CONC. ~RNE s~nrax To ee as r~a ao.a - • , S~~ WATER ~ : _ TAP ~ MEfER s ' 50.00' ~ ~ • ~ CONCREfE , ' APPROACH ' • ' 4' x 8' . [~NC. , . ~ • - LAN~ING CURB 3826 OBERLIN DR. LEGAL DESCRIPTION: LOT 16 OF BLOCK 1 D OF COLLEGE VIEW ~ ~ ~ ~~ ~NT P~~~p~ ~ 00~1 dl R~I~E 6 iNllp NO IAE~IFdlG1~ ~~~I~l ~ TA ~ W-RT R 8S al~rrd~Mia~ ~MiM1~IdHrdt COU~ ~~ M YrNM~ ~~; M IMY hM~ ~ ~~MM;dw~Mi~' Ca~T~"" JAN 12 Z005 ~~~~~~~~ ~ courm u~ fIARRIS COU~~ T~s