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Home My WebLink AboutZBA Decision 2009-14 SE City of West University Place A Neighborhood City ® Recycled Paper y A v Zoning Board of Adjustment Cl,y of West University Place, Texas ("City") Docket No. 2009-14 DECISION TO GRANT A SPECIAL EXCEPTION Address of building site: 3219 University Boulevard Legal description of the building site: Lot One (1) , in block One (1) University at Rutgers Place, a subdivision in Harris County, Texas, according to the map or plat thereof recorded in Film Code 516172, of the Map Records of Harris County, Texas. Applicant. Walter Thomas and Joy Welsh Decision or Action Requested: Special exception to allow an additional curb cut not to exceed 16' wide on University Boulevard under Section 7, Table 7-5a, Note 5 of the Zoning Ordinance r:, Notice, Hearing, Findings, Vote: IN'i s, (X) Notice of hearing was Qiven by: regular and certified mail (to nearby property owners) and by posting on-site in accordance with Article 11 of the Zoning Ordinance, by Sallye A. Clark, Planning Assistant, City of West University Place, Texas. I(,r (X) Dearing was held on : January 21, 2 010 . (X) Required determinations have been made by the ZBA as follows: (i) the proposed special exception will not cause any 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 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 harmony with--the general purpose and intent of the Zoning Ordinance. (X) The vote was: 4 for; 1 opposed, to this decision.. Decision of'the Zoning Board of Adjustment granting special exception: Under and subject to the City's Zoning Ordinance and applicable law, a special exception as specifically allowed by Section 7, Table 7-5a, Note 5 of the Zoning Ordinance, is issued for the site identified above, as follows: This special exception only extends to a 16' curb cut proposed for construction on University Boulevard as secondary driveway access to the building site. 3800 University Boulevard 9 West University Place, Texas 77005-2899 • 713.668.4441 • wwiv.westu.oq 2 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 EFFECTIVE 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 MODIFICATION BY THE BOARD WITHOUT ADDITIONAL NOTICE OR HEARING. „and ibkl" THIS DECISION APPLIES ONLY TO THE SPECIFIC ZONING ORDINANCE PROVISION IDENTIFIED ~rd 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 RECEIVE APPROPRIATE PERMISSIONS FROM THE BUILDING & STANDARDS COMMISSION, THE `uCITY 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. 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 & Administrative Remedies. This decision takes effect on the date it is filed in the Board's office (c/o Secretary of the Zoning Board of Adjustment, 3800 University Boulevard, Houston, Texas 77005), unless otherwise indicated above. 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 3 presented within 10 days after the date this decision is filed in the Board's office. The rules of the Board allow re-hearings in certain circumstances. As additional adnunistrative remedies: (1) the permittee/applicant may able to apply for a different interpretation, variance, or special exception, and (2) any person may request that the City consider an amendment to the Zoning Ordinance; see Article 11, which indicates that such requests should be submitted to the Zoning & Planning Commission. ZONING BOARD OF ADJUSTMENT, CITY qk~WEST UNIVERSITY PLACE, TEXAS jC~L By: Richard J. Wilson Pr iding Officer, Zoning Board of Adjustment -rialiNDUM; was found yj n or photo All alackouts, additions t at trie time the inswmen► STATE OF TEXAS a;,u u tiarlycS IN,-a pry, was 61ed arrd re=ted. COUNTY OF HARRIS This instrument was acknowledged before me on (_~1 3~Cj Qate) by Richard. J. Wilson as Presiding Officer of the Zoning Board of Adjustment of the City of West University Place, Texas. JO$if M OROSCO MY COINW8611on Expires JM 22, 2013 ~z SEAL My commission expires: Notary Public JDGiC M. Or _,:32L) This instrument was .filed in the Board's office oil nd, if a mcjiling list is attached, copies were mailed to the persons on the 1 't on N/A y, By-: Name. II~e A C~arK Title: After recording return to: /V/ Sallye A. Clark, Secretary, Zoning Board of Adjustment City of West University Place 3826 Amherst Street Nrr~a+ao~►a~ignrcrsnEy at~EOFtoai Houston, Texas 77005 PKMif* CFCaaRCRMMBWUAND Mr uw. THE STATE OF TEXAS Phone 713-662-5843 COUNTY OF HAMS Nex W w w IEOOIgEO, ~ 11 OhY Mle Niwi ~f Brl PNrr ~ IYaie M Coll x -if W L_J 0.10 (c) o cr. HACOUNTY MEW RRIS COUNTY TEXAS g W LA_ O v +1 N iG~