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/, Form ZON-201 dec granting variance, 12-04
F'~ Zoning Board of Adjustment
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City of West University Place, Texas ("City")
Docket No: 0 4 -17
DECISION GRANTING A VARIANCE
Addressofbui[dingsite: 3315 Robinhood, West University Place, Texas
77005
Legal description of tlie building site: Lots Two-A ( 2-A) , in Block Seventy ( 70 ), C~
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: Ted and Kim Bereswill ~;
Decision orAction Requested: The request for a variance to allow air
conditioning equipment to be placed in the side~setback with less
than a 3-foot clearance to property line.
Notice, Hearing, Determii:ations, i~ote:
(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 1 S, 2 0 0 4.
(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 the Zoning Board of Adjustnient gra~:ting variance (subject to all applicable appeals):
Under and subject to the City's Zoning Ordinance and applicable law, a variance from (identify the exact
provision) Article 7, Table 7-6, Projections Schedule, page ii,
Mechanical Equipment, Note 6 of the Zoning Ordinance is granted for the site
VARIANCE, Page 1
3800 University Boulevard • West University Place, Texas 77005-2899 • 713•668•4441 ~ www.westu.org
~ identified above subject to the following: (N/A) .
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Otller Provisions:
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 REQUIItED 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 1N ACCORDANCE WITH SUCH PERMITS (AND ALL APPLICABLE
REGULATIONS) ON OR BEFORE THE SECOND ANNIVERSARY 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 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
CTTY COUNCIL OR OTHER BODIES THAT MAY HAVE AUTHORITY TO ACT ON SUCH
REQUIREMENTS. ~
THIS DECISION APPLIES ONLY TO THE SPECIFIC ITEMS DEFIlVED 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.
TO OBTAIN A RULING FOR ANY OTHER ITEM REQUIRES SEPARATE APPLICATION,
NOTICE, HEARING, PROOF AND BOARD FINDINGS. NOTHING IN THIS DECISION IMPLIES
T'HAT 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 IlVDICATED 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. '
VAR/ANCE, Page 2
, ~ Effe~c.tive Date & Appeals: Subject to any applicable appeals, this decision takes effect on the date it is
filed in the Board's office (c/o Secretazy 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 aze 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.
ZONIlVG BOARD OF ADNSTMENT,
CITY OF WEST ERSITY PLACE, TEXAS
By:
Presiding f r, Zoning Board of Adjustment
( ~;~
STATE OF TEXAS ~
COUNTY OF HARRIS
T is i strument was acknowledged before me on ~- ~~•~~~-~~ (date) by
' Q~~~Q ~~jCA7 (name) as Presiding Officer of the Zoning Board of Adjustment of the
City of West University Place, Texas.
JOSIE MARIE OROSCO
E• . MY COMMISSION EXPIRES
• JUNE 22, 2005
(SEAL) r '~ _ \ h `^,~-~ -~ ~
My commission expires:~Q U ,~~\ Q V Y~l N~ ,Q ~UC~p~.~
Notary Public
This instrument was filed in the Board's o~ce on
attached, copies were mailed to the persons on the list
~er recording return to: f
Sallye A. Clark
Secretary, Zoning Board of Adjustment
City of West University Place
3826 Amherst Street
Houston, Texas 77005
(Phone #:713-662-5843)
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VAR/ANCE, Page 3
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