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Home My WebLink AboutZBA Decision 2010-04 VARCity of West University Place A Neighborhood City ® Recycled Paper Zoning Board of Adjustment City of West University Place, Texas ( "City ") Docket No: 2010 -04 DECISION GRANTING A VARIANCE Address of building site: 6008 Fordham Street Legal description of the building site: Lot 6, Block 3 addition in Harris County, Texas according thereof, recorded in Volume 572, Page 361 of Harris County, Texas. Applicant: Kent and Carolyn Smith of to Virginia Court, an n the map or plat J� the Deed Records of Decision or Action Requested. 1). Request a variance to reduce the minimum number of enclosed parking spaces from 2 to zero. 2). Request a variance to allow a rear yard projection of the principal building to be 100% non - garage space. Notice, Hearing, Determinations, Vote: (X) Notice of hearing was given by: Mail and on -site posting, in accordance with Article 11 of the Zoning Ordinance, by Sallye A. Clark, Planning Assistant of the City. (X) Hearing was held on June 17, 2010 at 6:30 p.m. (X) Required findings and determinations have been made by the ZBA as follows: (i) due to special conditions, a literal enforcement of the Zoning Ordinance provision identified below would result in unnecessary hardship, (ii) by granting this variance, the spirit of the ordinance is observed and substantial justice is done, and (iii) this variance is not contrary to public interest. (X) Additional findings and determinations (if any) have been made, as follows: N/A (X) The vote was: 5 for, 0 against this decision. Decision of the Zoning Board ofAdjustment granting variance (subject to all applicable appeals): Under and subject to the City's Zoning Ordinance and applicable law, a variance from Article 7, Table 7 -4a and Article 7 Table 7 -6, Note 3(c) of the Zoning Ordinance is granted for the site identified above, as follows: Allow for the removal of existing garage and construction of habitable space in its place subject to all other zoning regulations. VARIANCE, Page 1 3800 University Boulevard • West University Place, Texas 77005 -2899 • 713.668.4441 • www.westu.org 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 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 ANY PRESCRIBED TIME PERIOD IN THIS DECISION MAY BE GRANTED WITHOUT AUTHORIZATION FROM 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 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 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. VARIANCE, Page 2 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, CITY-1O-T CITY-1O-T WEST UNIVERSITY PLACE, TEXAS By: r, �C and of Adjustment JI/ RECORDER'S MEMORANDUM' At the time of recordation, ti,s in;;tr.!ment waS found to be inad(--uate fir the uhotographic reproduction beca so ir, t e trton or photo copy, discolor, ' pzPer et Aii oisckouts additions and changes were present 2t the time the instrument was filed and recorded. STATE OF TEXAS COUNTY OF HARRIS ii /4/,-W1U(date) This instrument was acknowledged before me on f by Jeann Howse (name) as Vice Presiding Officer of the Zoning Board of Adjustment of the Itity of West University Place, Texas. SALLYE A CLARK My Commission f xpire$ May 1 expires: 1 Notary Publ' This instrument was filed in the Board's office on J attached, copies were mailed to the persons on the lis Aber recording return to: V Sallye A. Clark Secretary, Zoning Board of Adjustment City of West University Place 3826 Amherst Street Houston, Texas 77005 (Phone #: 713 - 662 -5843) and, if a mailing list is Name: Dt,b Eli .e- vcar�e,116L, Title:Cl I P 1&,nn,,e r THE STATE OF TE�xAS COUNTY OF HARRIS �a20y certly that Ce rsr -n, �3s 'L5 n Fie 4urJer Soeueece on n e arc a. me s�mxcreeongma,a�. r1[X; Ei'!nra0�cno�oicnza�! �e +1 tiara Corry, Test on NOV 10 2010 VARIANCE, Page 3 COUNTY CLERK * HARRIS COUNTY, TEXAS , a ' cr a g U c_ Q h.t and, if a mailing list is Name: Dt,b Eli .e- vcar�e,116L, Title:Cl I P 1&,nn,,e r THE STATE OF TE�xAS COUNTY OF HARRIS �a20y certly that Ce rsr -n, �3s 'L5 n Fie 4urJer Soeueece on n e arc a. me s�mxcreeongma,a�. r1[X; Ei'!nra0�cno�oicnza�! �e +1 tiara Corry, Test on NOV 10 2010 VARIANCE, Page 3 COUNTY CLERK * HARRIS COUNTY, TEXAS