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Home My WebLink About04242014 ZBA Decision • f 'POD � , 1 he City of West University Place A Neighborhood hood ( it t r' RP-2018-361021 Ei21 08/08r)018 RP1 $28,00 Zoning Board of Adjustment City of West University Place, Texas ("City") Docket No. 2014-02 DECISION TO GRANT A SPECIAL EXCEPTION Address of building site: 6350 Buffalo Speedway Legal description of the building site: All of Lot One (1) , Block One (1) , AALS Real Estate Addition, a subdivision in Harris County, Texas according to the map or plat thereof recorded in Volume 444, Page 560 of the map records of Harris County, Texas . Applicant: AALS Real Estate, Alberto Lopez and Anna Salas Decision or Action Requested: Special exception in compliance with Article 7, Table 7-5 (a) , specifically Note 5, of Appendix A of the Code of Ordinances, to authorize three curb cuts for a side loading driveway and a semi-circular driveway. 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 Debbie Scarcella, City Planner, City of West University Place, Texas . (X) Hearing was held on: April 24, 2 014 . (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) Additional Determinations : (i) the curb cuts must substantially match the survey plat dated October 16, 2013 and (ii) the curb cuts must be made according to the arborists' recommendations included in the application request. 1 WORK PLACES 3800 University Boulevard I West University Place, TX 77005 I www.westutx.gov The City of West University Place A ,\ei l ibol l food Ci fl (X) The vote was: 5 for; 0 opposed,to this decision. Decision of the Zoning Board of Adjustment granting special exception: Under and subject to the City's Zoning Ordinance and applicable law, a special exception as specifically allowed by Section 7-5(a), Note 5, of the Zoning Ordinance, is issued for the site identified above, as follows: A Special Exception is granted to authorize the additional curb cuts provided that the curb cuts remain substantially the same as the curb cuts shown on the survey plat dated October 14, 2013 and per the arborists' recommendations as attached to the application request. 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. ) 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 2 3800 University Boulevard I West University Place, TX 77005 ( www.westutx.gov The City of West University Place A t1 elf;hbot hood 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, I V CITY OF WEST UNIVERSITY PLACE, TEXAS BY: t)r Samant a Brantley,Presiding Officer,Zaing Board of Adjustment STATE OF TEXAS COUNTY OF HARRIS � \ �t i This instrument was acknowledged before me on (date) by Samantha Brantley as Presiding Officer of the Zoning Board of Adjustment of the City of West University Place, Texas. ' aM'r 44 ' JOSE M.mArts (SEAL) ` My Commission June 22,2017 My commission expires:4• \--\ Iogvc2. • -Q3 Notary Public This instrument was filed in the Board's office on te.5 � � and i a mailing list is ff � / � � � f g attached, copies were mailed to the persons on the list of By: c6C14-X-1-66---- Name: bt L Title: nn,, ��. After recording return to: t, Secretary,Zoning Board of Adjustment City of West University Place 3826 Amherst Street Houston,Texas 77005 Phone#: 713-662-5843 3 TOP WORK PLACES 3800 University Boulevard f West University Place, TX 77005 www.westutx.gov Debbie Scarcella From: Debbie Scarcella Sent: Thursday, April 16, 2015 4:30 PM To: Michael Gularte Cc: Josie Hayes; Clay Chew; Debbie Scarcella Subject: RE: [BULK] 6350 buffalo speedway variance extension Dear Dr. Lopez, I have received your request for a four week extension of the decision in Docket number 14- 02, 6350 Buffalo Speedway, allowing three curb cuts for a circular and side loading driveway. A copy of the decision was given to your contractor on April 15. The decision states that the permit must be applied for within 180 days of the effective date of the decision, which was filed in the office of the City Planner on August 22, 2014. The 180 days starts on that date. 180 days would have been on February 22, 2015. There is a provision in the decision document that allows the Administrative Official (City Planner) to extend the application date by 90 days. This date would be through May 23, 2015. I will extend the time to apply for a permit through that time. Only one extension may be granted by the Administrative Official. If the May 23 date passes without submission of the plans, then the only recourse you have is to appear before the ZBA with a show for cause and request another extension. The rules of the ZBA also state (as does the decision) that the work must be completed within 2 years of the date of the hearing. That time cannot be extended without the approval of the ZBA. You will have until April 24, 2016 to complete the construction of this house. Please let me know if you have any questions or need more information. Thank you. Debbie Scarcella City Planner City of West University Place 3826 Amherst, West University Place, TX 77005 Tel 713.662.5893 Fax 713.662.5369 ATTENTION PUBLIC OFFICIALS: A "reply to all" of this e-mail could lead to violations of the Texas Open Meetings Act. Please reply only to the sender. Original Message From: Michael Gularte [mailto:michaelgulartekmail.com] Sent: Thursday, April 16, 2015 3:58 PM To: Debbie Scarcella Subject: [BULK] 6350 buffalo speedway variance extension RECORDER'S MEMORANDUM: Please see attachment for 6350 buffalo speedway. At t otime of r cordation this instrument was inadequate for the hest photographic reproduction becauso of illegibitit , P hoto co n or PY,discolored Paper,etc.All carbon or additions and changes paper, the instrument was filed Present at the time and recorded. 1 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 eso "20,) � COUNTY CLERK HARRIS COUNTY, TEXAS