HomeMy WebLinkAbout12062007 BSC Decison •
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Building and Standards Commission
City of West University Place, Texas ("City")
DECISION TO GRANT A VARIANCE
Address of Site: 5918 Charlotte Docket number: 07-04
Legal Description of Site: Lot 11 Block 1 Preston Place
Building Permit Number: N/A Permittee/Applicant: James Miles
Decision or Action Requested or Proposed: Request for a variance from Section 82-4(b) of the Code of Ordinances,
titled "Tree Permits"to remove an 8" crepe myrtle tree.
Notice, Hearing, Findings, Vote: Variance Granted.
Motion: I make a motion to approve the variance as requested:
(X)Notice given as follows: Notice Posted on November 30,2007 at 4:00 p.m.
(X) Hearing held on: December 6, 2007
( ) Permissive Factors: In considering this variance, the BSC took the following into account these matters (if any):
( ) The variance will assist in the preservation of historic structures or old stock housing.
( ) The application involves remedial work necessary to bring a structure into compliance with applicable
ordinances.
( ) There are other similar circumstances in existence.
(X) Mandatory Factors. In considering this variance, the BSC took all the following into account:
(X)Whether the applicant made an earnest, good faith effort to comply with the requirement.
( )Whether the applicant brought the matter to the attention of the City on his own motion, without intervention
or enforcement action by any City official.
( )Whether alternative methods or procedures will achieve the same, or substantially the same, result as literal
compliance with the requirement.
(X) Required Findings. The BSC affirmatively finds all of the following:
(X)The imposition of the requirement imposes an exceptional hardship upon the applicant.
(X) No reasonable and feasible method or procedure is currently available to comply with the requirement.
(X) The imposition of the requirement is unjustified because of good and sufficient cause demonstrated to the
BSC.
(X) The variance will not introduce or increase any threat to the public health or safety.
(X)The variance is consistent with the purpose and intent of the ordinance in question.
(X) The variance will not cause a nuisance and will not unreasonably interfere with the use of nearby property.
(X)The variance will not cause a fraud to be worked upon the public or any individual.
(X)The variance will not cause an increase in public expenditures or budgets.
(X)The variance will not create an irreconcilable conflict with any other ordinance, law,rule or regulation.
(X) Additional Findings: None.
(X) The vote: FOR: Bryant Slimp, Brian Hoogendam, Dr. Peter Benjamin, Frank Griffin and Dave Miller.
OPPOSED: None ABSTAIN: None. Motion: Variance Granted.
Decision (subject to all applicable appeals): A variance from the Section 82-4(b) of the Code of Ordinances, titled "Tree
Permits". The variance is granted to the permittee/applicant named above to allow removal of an 8" crepe myrtle tree as
reference in the application.
This variance is for an indefinite period, unless a temporary period is indicated above. This variance remains subject to
the regulatory jurisdiction of the City and it does not grant any property right or vested right of any kind.
3800 University Boulevard ® West University Place, Texas 77005-2899 0 713 0668 04441 ® www.westu.org
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BSC Decision, Docket 07-04
Effective Date&Appeals: This decision takes effect on the date it is filed in the Board's office,unless otherwise indicated
above. Any appeals of this decision are subject to and governed by applicable ordinances and laws.
By: e, r2) {4 j'-
Bryant Slim , Chairperson
Building and Standards Commission t ``%" JOSE M ORO=Co
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Juno 22.2009
State of Te��a ,
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County of
This instrument was acknowledged before me on \ O■ 1 (date) by Bryant Slimp, Chairperson
for the Building and Standards Commission.
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Notary Public's Signature
(Personalized Seal)
Filed in the Board's office on N2 \ )43C 1 ,by: Permit Technician Ms. Josie M. Orosco.