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HomeMy WebLinkAboutUntitled (30)h + City of ~est Uni~ersity P1ace A Neighborhood City ~ aecyciea Pave~ Y92H?37 Form ZON-203 dec granting special exception, 12-04 11/30J05 30073b751 . ~~~ ~ Zoning Board of Adjustment ~~,~~°~ City of West University Place, Texas ("City") ~,~ ~ ~ Docket No. OS-18 ~.'" DECISION GRANTING A SPECIAL EXCEPTION ~24.00 Addressofbuildi~:gsite: 3004 Rice Blvd, West University Place, Texas 77005 , ~ Legal description of the building site Lot thirty-two (32) , in block six (6) of Rice Court, an addition in Harris County, Texas, according to the map or plat thereof recorded in Volume 7, page 47 of the map records of ~ Harris County, Texas. Applicant: Lisa Anderson ~ ~~, ~. Decision orAction Requested: Applicant requests a special exception to ~ grant Prior Non-conforming status for the principal building to encroach into the side yard 1' 8" {1.65'}, (4.6' from the property line) and allow the garage to encroach 11" into the required set back (9.08'. from the property line) . Briefing, Notice, Hearii:g, Determi~:atiais, Vote: ~! (X) (if requirec~ 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 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 ~r 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.wesru.org .. , 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: ~ for, V against this decision. , Decision of tlie Zoning Board of Adjustment graiiti~g 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 12-102. Acquiring PNC status, (e) Certain Yard Encroachments 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. Otl:er Provisio~zs: 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 150TH 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 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 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 ZOI~TING 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 AAPLICANT MUST 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 REQUIltEMENTS. 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 REQUIItES SEPARATE APPLICATION, SPECIAL EXCEPTION, Page 2 NOTICE, HEARIlVG, 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 1N 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. ~e E ective Date 8c A eals: Sub'ect to an a licable a eals this decision takes effect on the date it is .f.f PP J Y PP PP ~ 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. -: ~•:.~ ~ iV !` ~ `` -~ ~ ~ ~ ZONIlVG BOARD OF ADNSTMENT, ;n 4~` ` a c ,:~, ^~ ~ CITY F WEST ERSITY PLACE, TEXAS o~ ~~ ~ ~..,~. ~ ~=~" `= i"` 1 ~ By~ , C~ ~ ~, ~ ~ ~ • FS:. :•~;,~ ~ Presidi r oning Board of Adjustment T'"'- ~''' ~.7 ~~~ ~ I STATE OF TEXAS k ~ ~ COUNTY OF HARRIS /y~~,/~j This instrument was acknowledged before me on ~ f (date) by 1~~(M I~- ~me) as Presiding Officer of the Zoning Board of Adjustment f the C ty of West University Place, Texa ~ SAILYE A. CLARK A~h [ »w~ MY COMMISSION EXPIRES y~~ MAY 18, 2006 ~ (SEAL) ~ I ~ ~ /„ ~ My commission expires: ~V lic This instrument was filed in the Board's o~ce on ~ , and, if a mailing list is attached, copies were mailed to the persons o~r the list N/A . By: Name: ~ . T' ~j Title: ~ j ~I~n~' ~er recordi~ return to: ~ ~M r~qt ~1s t~ sw~ ~rK oa ~ a n~ o~ ~Bu Sallye A. Clark ~}~~~~~~~~~~~~ ~ Seeretary, Zoning Board of Adjustment e4~oF ~~~~~~~ ~~ City of West University Place ~p~j~~~~vi ""~~ ~q ~y~ on' m°~ ''+ 3826 Amherst Street Houston, Texas 77005 N~V 3 0 Z~~ (Phone #:713-662-5843) SPEC/AL EXCEPTION, Page 3 ~ ~ `~~r~~~,,.~ ~ .7.--,.,._ ~ Id~ARRI~B CA~UNfi~~i~AQ