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HomeMy WebLinkAbout09202007 ZBA Decision2007-06 Appeal OLM) City of West University Place A Neighborhood City ® Recycled Paper Zoning Board of Adjustment City of West University Place, Texas ("City") Docket No: 07-06 DECISION REGARDING AN APPEAL FROM A DECISION OF THE ADMINISTRATIVE OFFICIAL Address of building site: 6505 Mercer Street, West University Place, Texas 77005 Legal description of the building site: The west 96 feet of Lot Seven (7) , in Block Thirty-four (34) of West University Place, an addition in Harris County, Texas according to the map or plat thereof recorded in volume 444, page 563, of the Deed records of Harris County, Texas. Applicant: 2115 South Boulevard Partners, Ltd. Decision Appealed From: Formal decision of the administrative official dated August 20, 2007, to the effect that the site is a rotated corner building site with the front street line along Pittsburgh Street. Notice, Hearing, Determinations, Vote: (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 September 20, 2 0 0 7 . (X) Findings and determinations (if any) have been made, as follows: N/A (X) The vote was: 4 for, 0 against this decision Decision of the Zoning Board of Adjustment (subject to all applicable appeals): Under and subject to the City's Zoning Ordinance and applicable law, the Zoning Board of Adjustment hereby takes the following action with regard to the administrative decision referenced above: verses, in (/whole or ( )part ( )affirms, in ( )whole or ( )part ( 76ther difies, Ay V action (describe) '~f' - > ~ Pagel bAct, 3800 University Boulevard • West University Place, Texas 77005-2899 0 713066804441 0 www.westu.org and, accordingly, the Board makes the correct order, requirement, decision or determination, as follows: The front street line lies along Mercer Street, so the building site is not a rotated corner building site. The work contemplated by this decision is the construction of a new house. This decision takes the place of the two decisions regarding this site from Docket No. 05-10 (sn- c ' al excep Q n and variance, both filed in the Board's office on Other 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 IN 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 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 STEP IS NOT ACHIEVED WITHIN A PRESCRIBED TIME PERIOD---AND IF NO TIME EXTENSION IS GRANTED-THE WORK IS NO LONGER AUTHORIZED, AND THIS DECISION BECOMES 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 18 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 RECEIVE 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, HEARING, PROOF AND BOARD FINDINGS. NOTHING IN THIS DECISION IMPLIES THAT ANY SUCH FINDINGS WOULD OR WOULD NOT BE MADE BY THE BOARD. Page 2 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 JURISDICTION 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 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. ZONING BOARD OF ADJUSTMENT, CITY OF WEST UNIVERSITY PLACE, TEXAS By: Presiding Officer &o ing Board of Adjustment STATE OF TEXAS COUNTY OF HARRIS g n n I D by K(C&Cd U 6t3ame) This instrument was acknowled ed before me on (date) b as Presidin Officer of the Zoning Board of Adjustment of e City of West University Place, Texas. ID SAU.yE A CLARK My Commission EXOM May 18, 2010 My commission expires: J D O~~ f Notary Publi~~ This instrument was filed in the Board's office on ~ //V ~S , and, if a mailing list is attached, copies were mailed to the persons on the list on ( A) . ' By: Name: 6b e 5 rCe Il a-, Title: C.1 T IClYlrl Page 3