HomeMy WebLinkAbout03182010 ZBA Agenda Item 2
ZBA
AGENDA
ITEM 2
Memo
To: Zoning Board of Adjustments
From: Debbie Scarcella, City Planner
Date: March 15, 2010
Re: Staff Report for Docket 2009-11, Time Extension Request
Meeting of March 18, 2010
The applicant in Docket 2009-11, request for a special exception originally heard on August 20, 2009,
is requesting an extension of time to apply for a building permit. The decision in Docket 2009-11
required that the applicant apply for a building permit on or before ninety (90) days after the effective
date of the decision. The effective date was September 15, 2009 making the last day to apply for a
building permit December 14, 2009. The applicant states that she encountered personal problems
which delayed her ability to pursue the submittal of an application within the prescribed deadline. The
applicant submitted plans to obtain a building permit on February 17, 2010. The plans are on hold
pending a decision on the time extension request. The applicant does not anticipate needing additional
time to complete the project.
The decision in Docket 2009-11 states that "no extension of any prescribed time period in this decision
may be granted without authorization from this board". In addition, the decision does not require
additional notice or hearing in order to grant an extension of time. Since the original time frame of
ninety (90) days expired on December 14, 2009, an additional ninety (90) days will take the applicant
to March 14, 2010. Since the applicant submitted the plans on February 17, an extension through that
date will be sufficient to allow a permit to be issued.
(The original staff report is attached below in order to give some background information for those
ZBA members not in office on the date of the initial hearing.)
Meeting of August 20, 2009 - Initial Decision to Grant a Special Exception
The applicant in Docket 09-11 3130 Jarrard is requesting a special exception under Section 12-105 of
the Zoning Ordinance. The applicant requests a special exception to W extend and/or reinstate PNC
status for existing side yard and rear yard (setback) encroachments and GO approve the addition of
dormers and other remodeling to a converted garage
Background Information
The applicant purchased the building site located at 3130 Jarrard in 1990. The one-story structure was
originally constructed in 1938 with a detached garage. (See attached copy of permit). In December of
3130 Jarrard 1 3-15-10
1975, a permit was issued to convert the garage to a recreation room, and to add an enclosed walkway
from the house to the "rec room." (See attached copy of permit.) The converted garage encroaches
about a foot into the five-foot side yard (or setback) established by the 1987 revision of the Zoning
Ordinance. It also encroaches into the rear yard more than allowed for a principal building. Multiple
permits were issued during the ensuing years for interior remodels and renovations, including
conversion of attic spaces to living space. In 1993, a permit was issued for renovation to the interior
and an addition to the east side of the house. The 1993 addition (about I F x 20') was apparently built
to line up with the converted garage space behind it, so it also encroaches into the east side yard.
The original structure and garage conversion likely have PNC status, as those projects were completed
before the zoning revisions in 1987. Quite possibly, the1993 addition acquired PNC status when
built. The applicant states that there was discussion and some type of approval or determination made
during the construction process when the encroachment was discovered. Section 12-103(e) has a
special rule that allows expansion of a principal building in these circumstances. It provides: If a
principal building in a SF District acquired PNC status on an effective date because of a non-
conformity with a new side setback or side yard requirement on one side of the building site, the
building does not lose its PNC status with respect to that specific nonconformity (on that same side of
the building site) if the nonconformity is expanded or increased as a result of a remodeling project and
the gross floor area of the principal building has not increased to 200 percent or more of its gross floor
area on the given effective date. A principal building so remodeled has the same PNC status as the
original building with respect to the side setback or yard requirement on the same side of the building
site where the original nonconformity was located, but this does not apply to any new nonconformity
(on the other side or elsewhere).
The applicant is proposing to remodel the second floor above the converted garage. The remodeling
would include the addition of two large dormers, one facing toward the street and the other facing
toward the rear property line. Windows and skylights would also be replaced.
Staff Response
The converted garage
Table 7-6, Note 3 allows for the projection of a principal building into the rear yard (rear 20') provided
the structure meets certain criteria. The converted garage meets some of these criteria, but not the
following: (i) At least 51% of the first floor located in the rear yard must be garage space and there
may be no more than 600 square feet of non-garage space located in the rear yard. (ii) The total area
located in the rear yard will be 546 square feet, but there is 0% garage space. (Note: Because the
1975 remodeling project connected the converted garage to the original house, it is now one "principal
building.")
Similarly, Table 7-6, Note 5 allows for the projection of garage building space into a side yard.
However, that note only applies when the ground floor is actually a garage, unlike this building which
has been converted to non-garage space.
However, since the converted garage apparently existed before the major Zoning Ordinance revisions
of 1987, there is potentially PNC status for the projections into the rear yard and side yard. At the
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hearing, the burden will be on the applicant to prove that those projections acquired PNC status---and
have not lost it in the meantime.
Under Section 12-103(e), PNC status may be lost if the degree of nonconformity is increased (or if the
non-conforming area is expanded). The "footprint" of the converted garage is not proposed to be
increased or expanded, but the volume in the rear yard would be increased, and the expansion would
allow use of floor space not previously in use. Therefore, to avoid losing PNC status as a result of the
expansion, the applicant is applying under Section 12-105. That section allows the ZBA to grant a
special exception to extend or reinstate PNC status. In addition, Section 12-105 provides that a special
exception may also "allow the rebuilding, remodeling or modest enlargement of a structure which
would otherwise lose PNC status and may allow the continuation of PNC status." The applicant seeks
approval of the dormers and other remodeling under this provision.
Staff believes that the ZBA has the authority to issue the requested special exception in accordance
with Section 12-105, providing the applicant proves the following:
(i)A substantial investment was reasonably made in the PNC item, or in reliance upon it, and
(ii) extension of PNC status is necessary to allow a reasonable period in which to amortize
the investment, or to avoid unreasonable waste of any remaining value of the item with PNC
status.
The applicant should also show that the proposed enlargement of the converted garage is" modest."
In addition, Section 11-102 states that the ZBA may not issue or modify a special exception unless all
of the following circumstances are present:
(1) The ZBA has determined that the proposed special exception will not cause any significant
increase in on-street parking, will not cause any substantial traffic congestion, will not cause any
substantial increase in traffic or an unreasonable burden upon utility systems or upon any other
public facility or public service.
(2) The ZBA has determined that the proposed special exception will be in harmony with the
general purpose and intent of [the Zoning Ordinance].
(3) The ZBA has made any additional findings and determinations required by specific provision of
[the Zoning Ordinance].
In connection with all special exceptions, the ZBA may impose conditions prescribed by the ZBA or
required by the Zoning Ordinance.
If the ZBA extends or reinstates PNC status for the converted garage encroachment on the east side of
the site, that decision could also affect the 1993 addition on the east side. Section 12-103(e) says that
an encroachment like the 1993 addition can get "the same PNC status as the original building with
respect to the side setback or yard requirement on the same side of the building site." Therefore, staff
recommends that the ZBA's order mention the 1993 addition and the effect of Section 12-103(e) on its
PNC status.
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Joan V. Murrin
3130 Jarrard
Houston, TX 77005
713.664.9108
ivmurrin@aol.com
February 5, 2010
Zoning Board of Adjustment
City of West University Place, TX
Re: 3130 Jarrard
Dear Board Members:
On August 20, 2009, the Zoning Board of Adjustment granted a special
exception to extend and reinstate prior non-conforming status for the
existing side yard and rear yard encroachments and to authorize the
addition of dormers and other remodeling to the converted garage
under Section 12-105 of the Zoning Ordinance. The special exception
provides that all permits for this project must be applied for by the 90th day
following the decision, and the construction must be completed by the
second anniversary of the decision.
On August 28, 2009, my mother fell and hit her head. She died three days
later, on August 31, 2009. In addition to having to make the
arrangements for her burial and memorial, I am the executor of her
estate, which, among other things, has required me to make many trips to
Fort Worth, where her home is. Accordingly, I have not been able to
undertake the remodeling of our home until now.
I hereby request that the Board grant an extension of an additional 90
days to apply for the permits. I do not anticipate that we will need the
full 90 days, nor should we need an extension of the time to complete the
construction.
Thank you in advance for your consideration in this matter,
Joan V. Murrin
Homeowner
3130 Jarrard
City of West University 'lace
A Neighborhood City ,p,,-Y u-_, 47 k 2 2'r?' ,,;,z3
Recycled Paper
Zoning Board of Adjustment
City of West University Place, Texas ("City")
Docket No. 2009-11
DECISION TO GRANT A SPECIAL EXCEPTION
Address ofbuildingsite: 3130 Jarrard, West University Place, Texas
Legal description of the building site: Lot Seventeen (17) , in block Eight (8) of Rice Court,
an addition in Harris County, Texas, according to the map or plat thereof recorded
in Volume 7, Page 47, of the deed Records of Harris County, Texas
Applicant. Craig and Joan Murrin
Decision or Action Requested: ~ pecial exception to extend and reinstate prior non-
conforming status for existing side yard ad rear yard encroachments;
authorize addition of dormers and other remodeling to converted garage under
fiSection 12-105 of the Zoning Ordinance
Notice, Hearing, Findings, [rote:
i
(X) Notice of hearing was given bv: 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.
(X) Hearing was held on : August 20, 2009
(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 fac lity 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: (i) a substantial investment has already
been reasonably made in the PNC item, or in reliance upon it, (ii) extension of PNC status is necessary, to
alloly a reasonable period in which to araorti7e the investment, or avoid unreasonable waste of an_v
remaining value of the item with PNC status.
(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 12-105 and 12-103 (e) of the Zoning Ordinance, is issued for the site identified above, as
follows:
Under Section 12-105, this special exception: (i) extends and reinstates
3800 University Boulevard • West University Place, Texas 77005-2899 • 713.668.4441 • www.westu.org
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prior non-conforming (PNC) status for existing side yard and rear yard
(setback) encroachments by the former garage (now converted to living space)
located on this site and (ii) authorizes the addition of dormers and other
remodeling to such converted garage, all as shown on the attached sketches,
(marked Attachment "A").
Under Section 12-103(e), this special exception recognizes that the 1993
addition on the eastern side of the principal building (approximately 11.4
feet x 20.4 feet, as shown on the attached sketch) (marked Attachment "A").
would have the same PNC status as the former garage, with respect to the
side yard requirement on the same side of the building site.
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
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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.
r;
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
CITY 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 TBE 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
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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: (I) 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 WEST UNIV SITY PLACE, TEXAS
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Bt L:LGs-(
Presiding Officer, oni Board of Adjustment
lojr:'
STATE OF TEXAS
COUNTY OF HARRIS a , a
This instrument was acknowledged before me on (date) by ~~tl>'Qnme) as
Presidin Lie n rl A-.L ZonAn ti Ro,)riLc~-f. stment of the City of West University Place, Texas,
JOSIE M OROSCO
My Commission Expires
June 22, 2013
YI3' (SEAL)
A" My commission expires:
Notary Public
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This inswument teas fled in the Boards office on and, ifa mailing list is
attached, copies were mailed to the persons on the list on n/a
a
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B,
Name:
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Title: 6 a 1 t i,.l
After recordist, rettn,n to:-
Sallve A. Clark
Secretary, Zoning Board of Adjustment
City of West University Place
3826 Amherst Street
Houston, Texas 77005
(Phone 713-662-5843)
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COUNTY CLERK
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City of West University Place
A Neighborhood City
® Recycled Paper
Zoning Board of Adjustment
City of West University Place, Texas
Rules of Procedure
ARTICLE I
Meetings
Section 1. Regular meetings of the Zoning Board of Adjustment (ZBA) shall be held at
6:30 Plot, on the third Thursday of each month. The City Manager, with
concurrence from the Presiding Officer, may reschedule any meeting of the ZBA.
Section 2. Special meetings may be called by the Presiding Officer of the ZBA.
Section 3. Notice of all meetings shall be posted as required by the Texas Open Meetings
Act, Chapter 211 of the Texas Local Government Code, and any applicable local
ordinance. Each regular member of the ZBA shall be notified in writing at least
72 hours prior to the meeting except in the case of emergency meetings, which
can be called with two hours notice.
Section 4. A quorum for hearing by the Board shall consist of four members. A lesser
number may meet and reschedule, recess or adjourn a meeting or hearing.
Section 5. If fewer than five regular members of the Board are present at a meeting, the
alternate(s) to serve and vote at that meeting shall be as designated by the Mayor
or City Manager. Each alternate may participate in the discussions and
deliberations for each matter heard; however only the designated voting
alternate(s) may vote on any matter before the board.
ARTICLE II
Applications Before the Board
Section 1. Each application to the Board shall be made on the standard City forms and shall
be filed in the office of the Building Division, 3826 Amherst, West University
Place, Texas.
Section 2. To be considered for placement on the agenda of the next regular meeting, all
required data must be received and docketed by 12 noon on the 20th day prior to
the next regular meeting. The Board may reject any application not made on the
prescribed form properly filled out with all required data attached.
3800 University Boulevard • West University Place, Texas 77005-2899 • 713.66894441 • i,vww.westu.org
Section 3. Every appeal must be filed on or before the tenth regular City business day
following the date the Administrative Official refuses to issue a permit, or the date
the Administrative Official enters an order, ruling, decision, or determination, that
is the subject of the appeal, and the Administrative Official shall so advise the
applicant in writing. Upon written motion and a showing of good cause, the
Board may allow an appeal to be late-filed (after the ten-day period specified
above).
Section 4. Any communication purporting to be an appeal shall be regarded as mere notice
to seek relief until it is made in the form required by these rules.
ARTICLE III
The Docket; Notices of Hearings, Etc.
Section 1. Each application filed in proper form with the required data shall be numbered
serially, docketed, dated, and placed upon the agenda of the board by the
Recording Secretary. The docket numbers shall begin anew on January first of
each year and shall be hyphenated with the number of the year in which the
application is filed.
Section 2. All cases docketed more than 20 days preceding a regular meeting day, and for
which the notice requirement can be met, shall be set for hearing on the
succeeding regular meeting day. Cases docketed within 19 or fewer days of the
regular meeting day, for which the notice requirements cannot be met, shall be set
for hearing no later than the second regular meeting day after docketing of the
application.
Section 3. Applications shall be heard in the order in which they appear on the agenda,
unless the Board changes the order by motion. Action or further proceedings on
an application may be suspended at any time as determined by the Board upon
motion. Where all applications cannot be disposed of on the day set, the Board
may adjourn from day to day, or until the next regular meeting, as it may order.
Section 4. Notice as prescribed in the Zoning Ordinance will be given to
applicants or other interested parties by the Board; provided however, notice may
be posted on the site of the property which is the subject of the hearing, rather
than published in a newspaper.
Section 5. No informal request for advice, or hypothetical questions, will be considered by
the Board. (However, the Administrative Official may seek advice or guidance
from the Board by formally presenting matters to the Board at a meeting.)
ARTICLE IV
Hearings
Section 1. Hearings shall be held by the ZBA in the Municipal Building, or at such other
place as set forth in the notice of hearing.
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Section 2. All hearings shall be open to the public.
Section 3. a. The applicant is automatically designated as a party to the case and may appear
personally or be represented by agent or attorney at the hearing. In the absence of
any appearance on behalf of the applicant, the Board will proceed to dispose of
the matter on the record before it, or the Board may provide for a hearing at a
future date, in which event it shall give verbal notice at the hearing, so that all
present will be on notice of the date set for future hearing. If required by state
law or city ordinance, additional notices shall be given.
b. Other persons may be designated as parties to case, but only after filing a
written motion: (i) requesting to be designated as a party, (ii) explaining how the
person is affected differently from the public at large, and (iii) identifying any
special statutory right to appeal. Such a motion must be filed before the start of
the public hearing. If the person will be affected differently from the public at
large, or if the person has a special statutory right to appeal, the Board may
designate the person as a party. Designated parties may appear personally or by
agent or attorney at the hearing.
Section 4. The normal order of proceedings for hearings before the ZBA is as follows:
1. Call to order and administration of oaths to witnesses
("I do solemnly affirm that I will testify to the truth under penalty of perjury
so help me God.")
2. Procedural Matters (designation of parties, determination of time periods of
presentations, etc.).
Note: The Presiding Officer may determine reasonable time limits for
presentations (before questions by others). Anyone may request additional
time upon a showing of need for the additional time.
3. Presentation by the applicant
4. Receipt of written comments, protests, etc.
Note: These will be normally received for limited purposes (for example,
to indicate the opinion of the writer) but not to establish facts that may be
in dispute. If an objection is raised by a designated party or the
Administrative Official, the Board may refuse to receive an item or
receive it for other purposes.
5. Presentations by other interested persons and other designated parties (if any)
6. Presentation by the Administrative Official
7. Response by the applicant (limited to issues raised by other presentations,
written comments, etc.)
8. Incorporation of testimony, exhibits, etc. into the record (followed by
deliberation, decision, etc.)
Section 5. For each witness, reasonable, oral questioning is allowed, as follows: (i) First, the
presenting party may ask direct questions. (ii) Next, the other parties (if any) may
ask questions. (iii) Next, the Administrative Official may ask questions. (iv)
Next, the members of the Board may ask questions. (v) Finally, the presenting
party may ask re-direct questions (limited to matters raised by other questions).
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Non-parties may submit written questions to be asked by the Presiding Officer, at
the Presiding Officer's discretion.
ARTICLE V
Meeting Procedures
Section 1. Except as otherwise prescribed by these rules, the ZBA meetings may be
conducted in accordance with Robert's Rules of Order Newly Revised, [10th ed.],
p. 15, 1. 17-25; p. 561-62, 569; at the Presiding Officer's discretion or at the
discretion of two board members.
Section 2. Informal voice voting shall be used, unless a ZBA member requests a roll call
vote. Where there is a single vote on a group of items, under circumstances
where no member requests a separate vote, the vote on the group is deemed the
same as a separate, identical vote on each item.
Section 3. The Presiding Officer will preserve order and decorum, preventing the impugning
of any member's motives or other personal comments not relevant to the orderly
conduct of business. The Presiding Officer shall request all speakers to keep
comments brief and relevant to the question before the ZBA. All persons present
in the meeting room should eschew abusive, rude or inappropriate conduct.
Section 4. This paragraph applies to general comments in public sessions (but does not apply
to comments regarding a pending case, which may only be received during the
public hearing on that case). Speakers should limit their presentations to three
minutes each or other such limitations as may be decided by the Presiding Officer.
Speakers should direct all remarks and questions to the presiding officer, who
may refer them for investigation, response or other action. The Texas Open
Meetings Act requires the City to post a notice, in advance, listing every topic or
subject to be considered by the ZBA. This law may prevent the ZBA from
considering a subject raised by a member of the public. In this case, the presiding
officer may refer the matter and the ZBA may direct that the matter be placed on
the agenda for an upcoming meeting.
ARTICLE VI
Final Disposition
Section 1. The Board's decision shall: (i) affirm, modify or reverse the refusal of a permit
by, or any order or decision of, the Administrative Official, (ii) grant, modify or
deny a special exception or variance, or (iii) include two or more of these actions.
Each decision shall be reduced to writing and shall set forth the action taken and
the conditions, if any, imposed. Every application shall be deemed disallowed,
unless the concurring vote of four members of the Board shall favor the
application prior to adjournment, unless another disposition is expressly made by
the Board (such as, for example, taking the matter under advisement or
postponing action to the next meeting). The vote of each member present on each
decision shall be recorded with the decision. An appeal or an application for
variance or special exception shall be deemed denied: (i) upon the vote of two or
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more voting members supporting a motion to deny; or (ii) upon the vote of one or
more voting members supporting a motion to deny if only four members are
present (Note: Neither the motion nor a second to the motion is a vote to deny),
unless, in either case, the Board makes a different disposition prior to
adjournment.
Section 2. Any applicant may, in writing, or upon the record at a meeting withdraw his
application prior to a final disposition by the Board.
Section 3. If an application is granted by the Board, the written decision shall contain
conditions as follows: (i) that all permits necessary for the prosecution of work
shall be applied for within 90 days, or such other period determined by the Board,
(ii) that construction shall be commenced and completed within two years from
the date of granting by the Board, unless otherwise prescribed in the decision
itself, or unless an extension of time is granted by the Board and (iii) the decision
shall be recorded with Harris County Clerk's Office (Real Property Records). No
extensions may be granted by the Administrative Official unless authorized to do
so by the Board. Neither additional notice nor hearing is required for granting a
time extension. If any such condition is not fulfilled within the prescribed time,
the decision remains in effect but is subject to reversal or modification by the
Board without additional notice or hearing.
Section 4. The applicant and the Administrative Official will be notified of the decision of
the ZBA.
ARTICLE VII
Rehearing & Reconsideration
Section 1. No decision by the Board shall be reheard or reconsidered except on written
motion filed by a member of the Board with the Recording Secretary on or before
the tenth day following the date the decision is filed in the Board's office. The
motion shall be acted upon within 30 days after the decision has been filed, or at
the next regular meeting of the ZBA (whichever comes later). Granting the
motion requires at least four votes. The Board may grant either rehearing or
reconsideration only (without rehearing).
Section 2. The Board may not grant rehearing unless there is a suggestion that new evidence
will be submitted, which was not presented at the meeting at which the hearing
was originally heard. The Board may require the offer of new evidence and may
deny a rehearing upon a finding that no substantial new evidence has been
offered.
Section 3. If a rehearing is granted, the case shall be put on the calendar for a rehearing and
new notice shall be given in accordance with these rules. New notice is not
necessary if the Board grants reconsideration only, without rehearing.
Reconsideration may be immediate or deferred to a later time.
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Section 4. After a decision of the Board is final (that is, when no motion for rehearing or
reconsideration or appeal to the District Court is pending), the Board will not
conduct a hearing on an issue that was resolved in that decision, unless there has
been a substantial change in the circumstances of the case. The Board may first
hear evidence on the issue of substantial change in the circumstances before
deciding to conduct a full hearing. If there is no substantial change, the Board
may dismiss the application.
ARTICLE VIII
Precedents
Section 1. Recognizing that each parcel of real property is unique, that the facts presented in
each case are almost always unique and that the applicant may not always meet
the heavy burden of proof imposed by state law and city ordinance, no action of
the Zoning Board of Adjustment shall set a precedent. Each case shall be decided
upon its merits and upon the circumstances attendant thereto.
ARTICLE IX
Officers
Section 1. The City Council may provide for appointments of the Presiding Officer and the
Vice-Presiding Officer, and may allow one or both such officers to be selected by
the ZBA.
Section 2. The Presiding Officer shall preside at all meetings and hearings of the Board. In
the event of the absence or disability of the Presiding Officer, the Vice-Presiding
Officer shall preside. In the event of the absence or disability of both the
Presiding Officer and Vice-Presiding Officer, a temporary Presiding Officer shall
be elected to preside.
Section 3. The Presiding Officer, subject to these rules, shall decide all points of procedure.
The Board may reverse, affirm or modify any ruling by the Presiding Officer,
whether on a point of procedure or otherwise.
Section 4. The Presiding Officer, unless otherwise directed by the Board, shall appoint such
committees as may be found necessary.
Section 5. The Presiding Officer shall report at each meeting on all official transactions that
have not otherwise come to the attention of the Board.
Section 6. The Presiding Officer shall, subject to these rules and further instructions from the
Board, transact the official business of the Board and exercise general disciplinary
power.
Section 7. The Recording Secretary shall be such person as may be designated by the City
Manager.
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Section 8. The Recording Secretary, subject to the provisions of the Zoning Ordinance, these
rules, and the direction of the Board and Presiding Officer, shall conduct all
correspondence of the Board; shall attend all meetings of the Board and all
hearings; shall scrutinize all applications to see that these rules are complied with;
shall keep all dockets and minutes of the Board's proceedings; shall maintain the
necessary files and indexes and generally supervise all clerical work of the Board.
The Recording Secretary shall, upon docketing any application notify any
property owner or other person required to be notified under the provisions of the
Zoning Ordinance and State Law.
Section 9. The Recording Secretary shall require from the applicant such additional
information and data as may be required to fully advise the Board with reference
to the application, whether or not such information and data is called for by the
official forms or not. Any failure or refusal on the part of the applicant to furnish
such additional information or data shall be grounds for the dismissal of the
application by the Board.
ARTICLE X
Minute Book
Section 1. The Recording Secretary shall keep a permanent Minute Book which shall record
all applications docketed, disposition of action of the ZBA by individual vote and
in the case of denial of an application considered by the ZBA, state the reason or
reasons given by the Board for such denial.
ARTICLE XI
Required Number of Votes
Section 1. Action by the Board requires three votes in favor, except when state law, the
Zoning Ordinance or these rules specify a different number. See, for example, the
provisions requiring: (i) four votes to grant applications, (ii) four votes to grant a
motion for rehearing or reconsideration, and (iii) four votes to suspend these rules.
ARTICLE XII
Amendments; Suspension
Section 1. These Rules of Procedures may be amended by the Board, provided that such
amendment is presented in writing at a regular meeting as a special agenda item.
Any of the rules may be suspended, for any single meeting or proceeding, by
motion receiving at least four favorable votes.
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ARTICLE XIII
Valid Action
Any action taken by the ZBA, in compliance with applicable law, shall be deemed to have
waived these Rules of Procedure as to the action taken. Such action shall be valid despite any
technical noncompliance with these Rules of Procedure or their predecessors.
Adopted by the Zoning Board of Adjustment of the City of West University Place, on April 16,
2009, effective immediately.
Richard J. Wilson, resi ing Officer
Zoning Board of Ad' ment
City of West University Place
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