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HomeMy WebLinkAboutUntitled (31). . • • . . City of ~est Uni~ersity P1ace A Neighborhood City • Re~~~~~~ Building and Standards Commission City of West University Place, Texas ("City") DECISION TO GRANT A VARIANCE Address of Site: 3636 Rice Blvd. Docket number: OS-02 Legal Description of Site: TRS 15L & 15R (001*TR30) (085*TR 7) ABST 61A C REYNOLDS Building Permit Number: 04-2316 Permittee/Applicant: James K. Reid Decision or Action Requested or Proposed: Request for a variance. Notice, Hearing, Findirrgs, Vote: Variance Granted. Motion: I move that the affirmative responses to the questions regarding this variance are acceptable, and that tlie variance for James K. Reid, owner of JMH Supermarket be granted up to 4 main electrical disconnects at the JNII-1 location and to follow the National Electrical Code. (X) Notice given as follows: Notice Posted on April 4`h, 2005 at 3:30 p.m. (X) Hearing held on: April7th, 2005 (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. () The application involves remedial work necessary to bring a structure into compliance with applicable ordinances. () There are other si.milar circumstances in existence. () 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. ~ () 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. ~ 3C The variance will not introduce or increase any threat to the public health or safety. X The variance is consistent with the purpose and intent of the ordinance in question. X The variance will not cause a nuisance and will not un.reasonably interfere with the use of nearby property. ~ X The variance will not cause a fraud to be worked upon the public or any individual. X The variance will not cause an increase in public expenditures or budgets. X The variance will not create an irreconcilable conflict with any other ordinance, law, rule or regulation. Additional Findings: None. 3800 University Boulevard • West University Place, Texas 77005-2899 • 713•668•4441 • www.westu.org ~{ ~ ~ -~ge 2 C Decision, Docket OS-02 ~) The vote: FOR: Bryant Slimp, David Flame, John Ayres, Dr. Peter Benjamin, J. Denis Powers and Muddy McDaniel. OPPOSED: None ABSTAIN: None. Motion: Variance Granted. Decision (subject to all applicable appeals): A variance from the Standard Code Schedule, The variance is granted to the permit tee/applicant named above to allow up to 4 main electrical disconnects at the JMH location and to follow the National Electrical Codes. 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: ~.. ~/~,~s.~ ~~v° b-~ Chair, Bui ding and Standar s Commission Bryant Slimp State of Tex . County of ~Q,~rl is ~'Rstrument was acknowledged before me on (~J (date) by Bryant Slimp, Chairman ~ tl~e Building and Standards Commission. I ~ M ' SALLYE A. CLARK Notary Publi Signature • : MY COMMISSION EXPIRES (Personalized eal) MAY ~8, 2006 Filed in the Board's office and forwarded to applicant on , by: Planning and Development Assistant. Ms. Annette R. Arriaga