HomeMy WebLinkAbout04182013 ZBA Decision 1J
The City of West University Place
A Neighborhood City
RP---2O 18-361004
OS/08/201 RP $24.00
Zoning Board of Adjustment
City of West University Place, Texas ("City")
Docket No. 2013-01
DECISION TO GRANT A SPECIAL EXCEPTION
Address of building site: 2903 Cason Street, West University Place, Texas 77005
Legal description of the building site: The north '/z of Lot Eight(8), in Block Two(2), West University Place, a
subdivision in Harris County, Texas, according to the map or plat thereof I
recorded in Volume 444,Page 560, of the deed records of Harris County,
Texas.
kApplicant: Doctor Cecil Yeung
Decision or Action Requested: Request a Special Exception in accordance with Article 12-102 (e) , "Acquiring
PNC Status", Appendix A of the Code of Ordinances to acquire PNC
status for a rear yard encroachment of 2.8 feet.
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: April 18,2013
(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 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)The encroachment was inadvertent and
neither misrepresented to the City nor hidden from City officials. Exception: This finding is not required
if the encroachment commenced before 1970. (ii) The encroachment will not cause a substantial adverse
effect on other persons. (iii) The encroachment does not create a significant health or safety risk.
(X) The vote was: 4 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 12-102(e) of the Zoning Ordinance, is issued for the site identified above, as follows:
The ZBA moves to grant the request for a special exception to acquire PNC status for a 2.8' encroachment
into the rear yard(setback) as dimensioned on the attached site plan.
•
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 EFFECTIVE DATE OF THIS DECISION. NO EXTENSION OF
ANY PRESCRIBED TIME PERIOD IN THIS DECISION MAY BE GRANTED WITHOUT
AUTHORIZATION FROM THE ADMINISTRATIVE OFFICIAL IN A MANNER PRESCRIBED BY THE
RULES OF PROCEDURE OF THE 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.
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.
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.
ZONING BOARD OF ADJUSTMENT, ‘rj
CITY OF WEST UNIVERSITY PLACE,TEXAS
By: ``\\
Caro e Steen, Presiding Offi er,4oning Board of Adjustment
STATE OF TEXAS
COUNTY OF HARRIS
This instrument was acknowledged before me o3. ,C-)C." (date) by Carole Steen as Presiding
• e . h- Zoning Board of Adjustment of the City of West University Place, Texas.
E'4tA461 JOVE V NAVES
"r� Sy Commission Expires
Jos 22,2013
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My commission expires: Q J , '• 4\
Notary Public
This instrument was filed in the Board's office on Wilt 41 V-AO /3
By: /3
ic-eAA/C-t0e-
Name: tebbic Scaree4Ia.
Title: L',-/ti,
After recordinm return to:
Sallye A. Clark,Secretary,Zoning Board of Adjustment V
City of West University Place
3826 Amherst Street
Houston,Texas 77005
Phone#: 713-662-5843
3800 University Boulevard • West University Place, Texas 77005 • 713.668.4441
FILED FOR RECORD
9:52:42 AM
Wednesday, August 8, 2018
-170 szwat✓c
COUNTY CLERK, HARRIS COUNTY, TEXAS
ANY PROVISION HEREIN
WHICH RESTRICTS THE SALE RENTAL,OR USE OF THE DESCRIBED REAL
PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW.
THE STATE OF TEXAS
COUNTY OF HARRIS
I hereby certify that this instrument was FILED in File Number Sequence on the date and at the time
stamped hereon by me; and was duly RECORDED; in the Official Public Records of Real Property of Harris
County Texas
Wednesday, August 8, 2018
I
• k COUNTY CLERK
HARRIS COUNTY, TEXAS