HomeMy WebLinkAbout02162012 ZBA Decision 2012-03 (SE)1113
City of West University Place
A Neighborhood City
® Recycled Paper
Zoning Board of Adjustment
City of West University Place, Texas ( "City ")
Docket No. 2012 -03 ` 2312013695?
03/30/2012 RP2 $24.00
DECISION TO GRANT A SPECIAL EXCEPTION
Address of building site: 5320 Sewanee Avenue, West University Place, Texas
77005
Legal description of the building site: 5440 square feet of land, in Lot Five (5), Block I
Ninety Two (92) of West University Place, Second Addition, Harris County,
Texas, according to the map or plat thereof recorded in Volume 538, Page 147
of the Deed Records of Harris County, Texas.
Applicant: Ralph Pokluda /
Decision or Action Requested: Special exception to allow the use of an alternative
paving material for driveway and maneuvering areas.
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.
(X) Hearing was held on: February 16, 2012 and recessed and continued to March
15, 2012.
(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 specia'.
exception_ is consistent with - -and in harmony with - -the general purpose
and intent of the Zoning Ordinance.
(X) Additional Determinations: the alternative material as presented is of equal
or better durability than the approved types of allowed pavement.
(X) The vote was: 5 for; 0 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 4
of the Zoning Ordinance, is issued for the site identified above, as follows:
This special exception is allowed for the use of oyster shell as an
alternative material.
3826 Amherst Street • West University Place, Texas 77006 -28:30 •718.668.1 • www.westu.org
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Other Provisions:
THIS DECISION SHALL 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 180TH 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 DATE OF THIS DECISION. ONE EXTENSION OF TIME TO APPLY FOR THE CONTEMPLATED WORK NOT
TO EXCEED 90 DAYS MAY BE GRANTED BY THE ADMINISTRATIVE OFFICIAL. 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 18 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 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.
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ZONING BOARD OF ADJUSTMENT,
CITY OF WEST UNIVERSITY PLACE, TEXAS
By: JaA1V,-0,4-1,z4 4� ( I
Samantha Brantley, Vice Presiding Of i , oning Board of Adjustment
STATE OF TEXAS
COUNTY OF HARRIS
This instru s wed ed before me on 1 Y )aych C Q �DG-
n,f d ate) by Samantha Brantley as
Vice Presid�floara-urlifustment of the City of West University Place, Texas.
AN M OROSCO
My Conrnh :ion Expire
JUN 22.2019
(SEAL) r
My commission expires: a�1�
Notary Public
This instrument was filed in the Board's office on
By:
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Name:
Title: P' i i VL �
After recording return to:
Sallye A. Clark, Secretary, Zoning Board of Adjustment
City of West University Place
3826 Amherst Street /" /
Houston, Texas 77005 1/ 1/
Phone #: 713 - 662 - 5843
IM *0T*FWµ0RL%"X,
THE STATE OF TEXAS ��►¢
COUNTY OF HARRIS
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MAR 3 o 2012
MA14RIO COUNTY, TEXAS