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Home My WebLink About10152009 ZBA Decision 2009-10 SE AMLIML City of west University Place A Neighborhood City V ® Recycled Paper Zoning Board of Adjustment City of West University Place, Texas ("City") Docket No. 2009-10 DECISION TO GRANT A SPECIAL EXCEPTION Address of building site: 3505 Tangley Legal description of'the building site: East 25' of Lot 2 and the West 50' of Lot 3, Block 65 of West University Place, Second Addition Applicant. Simon and Ginger Farrant k,_ Decision or Action Requested: Special exception to acquire PNC status for a side yard encroachment of 2" for 2 fireplace chimneys and the northeast corner of the new structure under Section 12-106 and 12-102(e) of the Zoning Ordinance. Notice, Hearing, Findings, Vote: (X) Notice of hearing was given by: regular and certified mail (to nearby property owners) and by posting ue;. on-site in accordance with Article 11 of the Zoning Ordinance, by Sallye A. Clark, Planning Assistant, City of West University Place, Texas. i (X) Hearing was held on: October 15, 2009 at 6:30 p.m. hI"i (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 1"(0 in traffic; (iv) the proposed special exception will not cause an unreasonable burden upon utility systems 1y'l or upon any other public facility or public service; (v) the proposed special exception is consistent with-- 5 and in harmony with--the general purpose and intent of the Zoning Ordinance. (X) Special determinations have been made by the ZBA as follows: Per Section 12-106, (1) the nonconformance was clearly and specifically shown in plans and specifications submitted to obtain a city 1~4 permit; (ii) neither the owner, designer, surveyor, contractor nor any other person knew about the i;!1.' noncompliance; (iii) the nonconformance was covered by the city permit and the permit was regularly issued; (iv) after learning of the nonconformance, the owner conferred with the administrative official, and; (v) the item will neither constitute a health or safety hazard nor cause a significant impact upon another person or property. The ZBA further determined per Section 12-102(e), that (i) the encroachment was inadvertent and neither misrepresented to the City nor hidden from City officials; (ii) the encroachment will not cause a substantial adverse effect on other persons, and (iii) the encroachment does not create a significant health or safety risk. (X) The vote was: 5 for; 0 opposed, to this decision. Decision of the Zoning Board of Adjustment granting special exception (subject to all applicable appeals): Under and subject to the City's Zoning Ordinance and applicable law, a special exception as specifically allowed by Section 12-106 and Section 12-102(e) of the Zoning Ordinance, is issued for the site identified above, as follows: The structure acquires Prior Non-Conforming status for two side yard encroachments of two inches for the fireplace chimneys and the front (northeast) corner of the structure. 3800 University Boulevard 0 West University Place, "Texas 77(X)5-2899 • 7139668.4441 9 www.westu.orn Page 2 Other Provisions: TI IIS 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 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 6 OF I;'1 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, wA CITY PROPERTY AND EASEMENTS). THE APPLICANT MUST SEPARATELY APPLY FOR AND RECEIVE APPROPRIATE PERMISSIONS FROM THE BUILDING & STANDARDS COMMISSION, THE Id~ti CITY COUNCIL OR OTHER BODIES THAT MAY HAVE AUTHORITY TO ACT ON SUCH REQUIREMENTS. ~ai6d 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 ,1x4; APPLY TO ANY OTHER ACTIVITY, SITE OR STRUCTURE. t,;i. 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 "4l 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 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 administrative 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. Page 3 ZONING BOARD OF ADJUSTMENT, I U CITY OFF WEST UNIVERSITY PLACE, TEXAS Richard J. Wilson Presiding Officer, Zoning Board of Adjustment SPATE OF TEXAS COUNTY OF HARRIS This instrument was acknowledged before me on O'q (date) by ame) as Presiding Officer of the Zoning Board of Adjustment of the City of West University Place, Texas. KIMKMY QL AUE E T Notary Pubne' SM of TM3 My CeeuiwNe Eulhe X17011 (SEAL) My commission expires: -I- ~ Z otary Public Print name: 1 C&i &Z - ,C l his instrument was filed in the Board's office on L~ and, ,fa mailing list is attached, copies were mailed to the persons on the list N/A Bv. Narne: Title: After recording return to: Sallee A. Clark Secretary, Zoning Board of Adjustment City of West University Place C=D Amherst Street A' Houston, Texas 77005 v> # 4 (Phone 713-662-5843) Nrtne~rtaarrita~~SlwcIlltESKE. dtu5E0FiNEOe9CI~1E~l < OF CM ON MM 15 KM N20 WK60WALM. THE STATE OP TE)US 0 f= w/I tifd uirntatFt®M4SamMliMl~im aecdwYlD.YMOI~MPclacw~FlrRM1~Mr~s Q ~K Tim NOV - 9 2009 couFm CLM HARRIS coMM-TOM