HomeMy WebLinkAbout10152009 ZBA Decision 2009-12 SE
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City of West University Place
Recycled Paper A Neighborhood City
Zoning Board of Adjustment
City of West University Place, Texas ("City")
Docket No. 2009-12
DECISION TO GRANT A SPECIAL EXCEPTION
Address of building site: 3420 Albans
Legal description of the building site: The south 100' of Lot 3 in Block 91 of Second Addition to West
University Place
Applicant: David A. Novelli and Amy W. Novelli
Decision or Action Requested: Special exception to allow an alternate design for a curb cut and driveway section
j per Table 7-5a, Note 7 of the Zoning Ordinance.
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u ° Notice, Hearing, Findings, Vote:
(X) Notice of hearinP was liven bv: regular and certified mail (to nearby property owners) and by posting
fu on-site in accordance with Article 1 I of the Zoning Ordinance, by Sallye A. Clark, Planning Assistant,
City of West University Place, Texas.
(X) Hearing was held on: October 15, 2009 at 6:30 p.m.
(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) Special determinations have been made by the ZBA as follows The ZBA further determined per
~R~rq Section 7, Table 7-5a, Note 7 of the Zoning Ordinance, that (i) the other location or design will not
unreasonably interfere with available light and air and will not significantly alter access for fire-fighting
and similar needs and (ii) the other location or design will prevent the destruction of a qualified tree
(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 7-5a, Note 7 of the Zoning Ordinance, is issued for the site identified above, as follows: The
driveway section may not exceed a maximum of 30' beginning the measurement from the northern edge of
the northern wall of the northern garage bay. The curb cut may not exceed a maximum of 34' in width.
3800 University Boulevard • West University Place, Texas 77005-2899 9 713066804441 • www.westu.org
21P..
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 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
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
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CITY COUNCIL OR OTHER BODIES THAT MAY HAVE AUTHORITY TO ACT ON SUCH
REQUIREMENTS.
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•,i6, 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 77000, 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 21 1, 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 perrnittee/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
3 i'
Zoning Ordinance; see Article 11, which indicates that such requests should be submitted to the Zoning & Planning
Commission.
ZONING BOARD OF ADJUSTMENT,
CITY OF WEST UNIVERSIT//YffPLACE, TEXAS
By: ,
Richard J. Wilson
Presiding Officer, Zoning Board of Adjustment
STATE OF TEXAS
COUNTY OF HARRIS
This instrument was acknowledged before me on D (date) by i ~ (name) as
Presiding Officer of the Zoning Board of Adjustment of the ity of West University Place, Texas.
KIMKW KWE
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Notary PON% gift at Taxes
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(SEAL)
My commission expires:
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otary Public
Printed Name: ~I rnbFat ~
This instrument was filed in the Board's office on f' CG' C' e and, if a mailing list is
Iw~~Y attached, copies were mailed to the persons on the lis on N/A.
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A !er record-n return- to:
Satlye A. Clark
Secretary, Zoning Board of Adjustment Phone 713-662-5843) 7.,:; C-)
City of West University Place x a'~ -sl
3826 Amherst Street
Houston, Texas 77005
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NOV - 9 2009
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