HomeMy WebLinkAbout06182009 ZBA Agenda Item 3
City of West University Place
The 3800 University Boulevard * Houston, Texas, 77005 * 713/668-4441
Office of the Administrative Official
City of West University Place, Texas ("City")
FORMAL DECISION OF THE ADMINISTRATIVE OFFICIAL
Decision or Action Requested: A determination as to where the required yard (setback) is
measured on a structure.
As discussed in the Zoning Board of Adjustments (ZBA)
meeting on May 21, 2009 in response to an application for
a special exception to acquire Prior Nonconforming (PNC)
status for a side yard encroachment, the ZBA requested that
staff issue an Administrative Official's determination as it
applies to the distance measurement from the property line
to the structure to enforce the yard (setback) regulations.
Ordinance Reference: See Table 7-2, "Yards (or `setbacks'). The General Rule
for Table 7-2 states that "No part of any structure may be
located within a part of a building site included within a
yard defined, by District, in this table." The General Rule
further gives specific exceptions as follows: "(1) Structures
may be located in yards to the extent allowed by the
Projections Schedule." The projections schedule allows
specific encroachments or projections into the yards
(setbacks).
Administrative Official's Findings
& Determinations: The purpose of the yards (setback) regulation is to create
open space between structures to ensure adequate light,
ventilation, green space, access, and fire protection.
Ordinance construction practices call for measurement to
the outside of the foundation to determine the distance from
the structure to the property line. Exterior wall coverings
require different methods of application and the finishes are
not all flush with the exterior wall of the foundation. Some
wall coverings (such as stucco) actually overhang the
outside foundation wall.
Formal Decision: The intent of the zoning regulations contained in Table 7-2
is to restrict the location of structures within the yard
(setback) areas. The proper measurement method to
determine compliance with the regulated yard (setback) is
AO Decision Yard (Setback) Measurements Page 1
to measure the distance from the property line to the
outside wall finish of the structure, no matter what type of
exterior wall covering is used. In practical application of
this determination, the outer plane of the wall may not
project beyond the outer edge of the foundation.
Effective Date & Appeals: This decision takes effect on the date it is signed. Permittee and
others may have the right to appeal and to request an interim order. Appeals (including the time
deadline for filing of appeals) are subject to and governed by applicable rules, ordinances and
laws, including:
( X ) Zoning Ordinance,
( X) Chapter 18, Code of Ordinances,
( X ) Zoning Board of Adjustment rules.
THIS DECISION IS NOT BINDING ON THE ZONING BOARD OF ADJUSTMENT. THIS
DECISION IS SUBJECT TO BEING REVERSED, MODIFIED OR AFFIRMED BY THE
BOARD. NOTHING IN THIS DECISION CREATES ANY VESTED RIGHT OR
PROPERTY RIGHT, BUT INSTEAD, THE SUBJECT MATTER OF THIS DECISION
REMAINS FULLY SUBJECT TO THE REGULATORY POWER OF THE CITY.
Date signed: By.
Administrative Official
AO Decision Yard (Setback) Measurements Page 2