HomeMy WebLinkAbout05162013 ZBA Decision JPAN
City of West TJniversity Place
A Neighborhood City RP-21-118-361003
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Zoning Board of Adjustment
City of West University Place, Texas ("City")
Docket No: 2013-02
DECISION GRANTING A VARIANCE
Address of building site: 3011 Georgetown, West University Place, Texas
77005
Legal description of the building site: Lot Fifteen (15) , in Block Six (6) , Rice
Court, a subdivision in Harris County, Texas, according to the map or
plat thereof recorded in Volume 7, Page 47, of the deed records of
Harris County, Texas .
Applicant: Michelle Zingaro and James Sullivan
Decision or Action Requested: Request a variance from Table 7-2, "Setbacks",
to allow a side yard setback of 2' for a carport
structure . The total encroachment would be 3" .
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 S a l l ye A. Clark, Planning
Assistant of the City.
(X) Hearing was held on May 16, 2013.
(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 of Adjustment 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 7-2 of the Zoning Ordinance is granted for the site identified above, as follows:
To allow a side yard setback of 2' (total projection of 3' ) with the
following provisions :
VARIANCE Dkt 2013-02, Page 1
3826 Amherst Street•West University Place,Texas 77005-2830 • 713.668.4441 • www.westu.org
•
1 . Height does not exceed the highest point of the principal
structure (residence) on the same building site.
2 . The variance is granted solely for the purpose of constructing a
two car tandem carport .
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.
VARIANCE Dkt 2013-02, 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, i 1''/
CITY OF WEST UNIVERSITY PLACE, TEXAS
By: -62.—/
Carole Steen,Presiding icer,Zoning Board of Adjustment
STATE OF TEXAS
COUNTY OF HARRIS
his instrument was acknowledged before me oi� D (date) b�- s l�, , 0 n (name)
,;.e4 - . _ . . . - -. g Board of Adjustment of the City of West University Place,Texas.
AOIIEMMNrq
,,-(7 My Commission 9
My commission expires:tre- , . 3\---C \ Q \(\n, ACN,C)�
Notary Public
i
This instrument was filed in the Board's office on J it-A.(- 3j D �3 , and, if a mailing list is
attached, copies were mailed to the persons on the list on N/A .
By: S6
Name: cc. ,Sea-+''c-tk
Title: Lt 1la-0nt t--
After recording return to:
Sallye A. Clark .1/
Secretary,Zoning Board of Adjustment
City of West University Place
3826 Amherst Street RECORDER'S MEMORANDUM:
Houston Texas 77005 At the time of recordation, this instrument was
found to be inadequate for the best photographic
(Phone#: 713-662-5843) reproduction because of illegibility, carbon or
photo copy,discolored paper,etc.AO blockouts,
additions and changes were present at the time
the instrument was filed and recorded.
VARIANCE Dkt 2013-02, Page 3
FILED FOR RECORD
9:52:42 AM
Wednesday, August 8, 2018
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
o:NARRI„
T
"90 COUNTY CLERK
HARRIS COUNTY, TEXAS