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Home My WebLink AboutZBA Decision 2010-02 Appeal City of West University Place 1ici A Neighborhood City "' Zoning Board of Adjustment L: Recycled Paper r ►/v/1� City of West University Place, Texas ("City") _ .1y .{L 0. .fl-.d_E r 4.. LAP 7.3 11,,x-,0,11010 01 t24t ir) Docket No : 2010-02 DECISION REGARDING AN APPEAL FROM A DECISION OF THE ADMINISTRATIVE OFFICIAL Address of building site: 5600 Kirby Drive Legal description of the building site: Tract "A", Block 2 and Tract"B", Block 4 of Quenby Court, Volume 22,Page 37,H.C.M.R. and all of Lots 7, 8, & 9,Block 4, of Evanston, a subdivision in Harris County, Texas. According to the map or plat thereof recorded in Volume 15, Page 50, of the map records of Harris County, Texas. (3) Applicant: Robert L. Deering for 5650 Kirby Partnership, A Texas General Partnership ■ by: Deerco, A Texas General Partnership, A General Partner by: Jambs Property Management, Inc., A Texas ati Corporation, A General Partner and proposed tenants Brad Dorsey and Elizabeth Harrison for Crave Cupcakes Management Decision Appealed From: Determination of the Administrative Official that the business operation of A4h� Crave Cupcakes was a food service space use classification and not a retail use classification. This determination being made only as applicable to parking requirements contained in Article 10-100 of the zoning regulations. Notice, Hearing, Determinations, Vote: (X) Notice of hearing was given by: Mail and on-site posting, i n accordance with Article 11 of the Zoning Ordinance, by Sall ye A. Clark, Planning Assistant of the City. (X), Hearing was held on May 20, 2010. (X) Findings and determinations (if any)have been made, as follows: N/A (X) The vote was: 5 in favor, 0 against this decision Decision of the Zoning Board of Adjustment(subject to all applicable appeals): Under and subject to the City's Zoning Ordinance and applicable law, the Zoning Board of Adjustment hereby takes the following action with regard to the administrative decision referenced above: (x ) reverses, in (x )whole or ( )part ( )affirms, in ( )whole or ( )part ( )modifies, ( )other action(describe) and, accordingly, the Board makes the correct order, requirement, decision or determination, as follows: APPEAL, Page 1 3800 University Boulevard • West University Place, Texas 77005-2899 • 713.668.4441 • www.westu.org L y For purposes of determining the minimum number of required parking spaces only, the Crave Cupcakes business operation is determined to be consistent with a retail use classification and not a food service space (restaurant) use classification. Other Provisions: 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. NO EXTENSION OF TIME TO APPLY FOR A PERMIT MAY BE GRANTED WITHOUT AUTHORIZATION FROM THE ADMINISTRATION OFFICIAL. NO EXTENSION OF TIME TO COMPLETE THE PERMITTED WORK SHALL BE GRANTED WITHOUT AUTHORIZATION FROM THE BOARD. NEITHER ADDITIONAL NOTICE NOR HEARING IS REQUIRED FOR GRANTING A TIME EXTENSION. IF ANY WORK OR CONDITION IS NOT DONE WITHIN A PRESCRIBED TIME PERIOD--AND NO TIME EXTENSION IS GRANTED--THIS DECISION REMAINS IN EFFECT, BUT IT IS 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 APPEAL, Page 2 a n k. KIND. Effective Date&Appeals: Subject to any applicable appeals, this decision takes effect on the date it is filed in the Board's office (c/o Secretary of the Zoning Board of Adjustment, 3826 Amherst, West University Place, Texas 77005), unless otherwise indicated above. Any re-hearing of this decision is governed by the rules of the Zoning Board of Adjustment. 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. ZONING BOARD OF ADJUSTMENT, lid CITY OF WEST UNIVERSITY PLACE, TEXAS , o `itLait,By: kaisy_tA,. . Richard. J. (In Presiding Of r Zoning Board of Adjustment /11.11 JOVE M OROSCO ` ,-, My Commission Expires ' June 22,2013 'Pi STATE OF TEXAS 'Pi COUNTY OF HARRIS N This instrument was acknowledged before me on f Q t\\3Q\\ (date) by Richard. J. Wilson (name) as i Presiding Officer of the Zoning Board of Adjustment of the City of West University Place, Texas. N I My L _ aC 1 ) J 11��- zk� _) ' My commission expires Notary Public j-051€ rn.0r0520 This instrument was filed in the Board's office on (,(I I) I IB , and, if a mailing list is attached, copies were mailed to the persons on the list on N/ . 14 i By: 4 A. AliraiLAMINI ame: Sall . A. Clark Title: Planning Assistant After recording return to: Sallye A. Clark, Secretary,Zoning Board of Adjustment City of West University Place 3826 Amherst Street Houston,Texas 77005 Phone#: 713-662-5843 ANY PROVISION HEREIN WHICH REEIRICTS THE SALE RENTAL.OR LLSE OP THE DESCRIE!.:REAL RECORDER S MEMORANDUM: PROP ER'""-"A%EE?C:LDR:°F,10EIS INYAL'OAN:UhENPORCEALEUNDERFEDERAIU.W. 1'► At the time of record i;r tis ins cot was THE STATE OF TEXAS COUNTY OF HARRIS A') found to be inadeor a i r ;graphic irtenDr;�p,atE:srs<vmentvnsFlt.ED'nfieNumDer SeQuenctonC�e�tta�drMehNt reprodpy,on be or �t r loc or s6mxdrertanD�mt;trdt ZmeRES;RDED.N1Ne0m�ca■?�Dkeceontedaeropert�alHine lc.-- photo copy,discolored a r ar ,ref .Ail b'ockouts Cony,Termre � ° additions and changes were present at the time NOV 0 20�� t0 0 `C ,' the instrument was tiled and recorded. L. r APPEAL, Page 3 ,z_ ' �/Y = vc r� COUNTY CLERK ° Q •% 1.11' HARRIS COUNTY,TEXAS c+ _ r,a