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Home My WebLink About10152009 ZBA Decision 2009-09 SE AWN City of `vest University Place A Neighborhood City Recycled Paper Zoning Board of Adjustment City of West University Place, Texas ("City") Docket No. 2009-09 DECISION TO GRANT A SPECIAL EXCEPTION Address of building site: 3415 Amherst Street Legal description of the building site: The West 47.50' of Lot 2 Block 46 of Second Addition to West University Place Applicant: Bardwell Building Company Decision or Action Requested: Special exception to acquire PNC status for a side yard encroachment of 2.4" at the front corner of the house and 9.6" at the rear corner of the house under Section 12-102(e) of the Zoning Ordinance. 1;~d ld Notice, Hearing, Findings, Vote: (X) Notice of hearing was given 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. ~ip (X) Hearing was held on: October 15, 2009 at 6:30 p.m. 'ash (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 ln~gd 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 a Section 12-102(e) of the Zoning Ordinance, that (i) the encroachment was inadvertent and neither 1 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 12-102(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 (east side) of 2.4 inches at the front corner of the house and 9.6 inches at the rear corner of the house. 3800 University Boulevard 9 West University Place, Texas 77005-2899 • 713.668.4441 • www.westu.org 2~it 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 PERJAITS 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 TIMI E 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 I CITY COUNCIL OR OTHER BODIES THAT MAY HAVE AUTHORITY TO ACT ON SUCH REQUIREMENTS. 1 THIS DECISION APPLIES ONLY TO THE SPECIFIC ITEMS DEFINED ABOVE, IT DOES NOT APPLY N; TO ANY OTHER ASPECT, USE OR PART OF THE SITE OR STRUCTURE IN QUESTION, NOR DOES IT y APPLY TO ANY OTHER ACTIVITY, SITE OR STRUCTURE. l9'a' 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. TI4IS 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 perrrittee/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 31 Commission. ZONING BOARD OF ADJUSTMENT, I CITY O WEST UNIVERSITY -PLACE, TEXAS '8 : (AJJV'ti Richard J. Wilson -J Presiding Officer, Zoning Board of Adjustment STATE OF TEXAS COUNTY OF HARRIS This instrument was acknowledged before me on 0 (date) by K i GPI krp~JLUi ~~ame) as Presi igg fficer of the Zoning Board of Adjustment of he ity of West University Place, Texas. KRAKW 01 WE Notary Pub fD MYC akWoe(SEAL) 9 _ rn; My commission expires: 1Z Notary Public Printed Name: ~I cl)C4- Zz° "i`'i } _ This instrument was filed in the Board's office on it, 1.~~' ! and, if a mailing list is j attached, copies were mailed to the persons on the list C. .`r✓W`~ 1i--1 C~ BY. In e,' Name: \C' I p 1~~. Title: F7 71D u s, After recording return to: o Sallye A. Clark i? a n Secretary, Zoning Board of Adjustment (Phone 713-662-5843) City of West University Place 'c O , 3826 Amherst Street Houston, Texas 77005 M -n 0 -~+.~..,~Lr~arKiiNESiftlCllTfIES~IEABifN,ptlbE~liElE♦IL ,`~x: pl tft OFOMOtlolL OMUNOUfoaCEIaFUD8tOALM. ° THE STATE OF TEXAC .G- ^iaa wer bftW=FLEDbb== NOW* d h* To= w NOV - 9 2009 COUNTYCLM q HARRISCOUNTY,TM