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Home My WebLink About05222014 ZBA Decision If- l lie C ty of W West U l iver sity Place 1 a i j1b( 11ncl City RP-2018-361019 08/08/2018 RP1 $28.00 Zoning Board of Adjustment City of West University Place, Texas ("City") Docket No. 2014-03 DECISION TO GRANT A SPECIAL EXCEPTION Address of building site: 6031 Fordham, West University Place, Texas 77005 Legal description of the building site: Lot 15, Block 4, Virginia Court, an addition in Harris County, Texas according to the map or plat recorded in volume 572, page 361 of the deed records of Harris County, Texas . 0 Applicant: Dr. Michael and Mary Speer Decision or Action Requested: Special exception to reduce the required open space in the rear yard from 60% to 53% . This special exception is authorized for building sites containing structures that meet the definition of "old stock housing". 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: May 22, 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) Special determinations have been made by the ZBA as follows: (i) the reduction is reasonably necessary to preserve or protect "old stock housing" as it then exists or as it may be proposed to be remodeled or expanded(up to a total gross floor area, for all buildings on the site,that does not exceed the greater of 3,400 square feet or 200% of the gross floor area of all buildings on the site TOP WORK 0 Act 5 3800 University Boulevard West University Place, TX 77005 I www.westutx.gov c City of. 'cis i -ersit Place it Neighborhood Can' when the principal building was built, before 1980); and (ii) there will be no substantial adverse impact upon nearby properties. (X) The vote was: 5 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 Table 7-3,Note 6 of the Zoning Ordinance, is issued for the site identified above, as follows: The ZBA grants a special exception to reduce the amount of open space in the rear yard from 60% to about 53% as substantially shown in the site plans submitted with the application for special exception. 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 N O TIM E 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. ToP WORK PLACES 3800 University Boulevard I West University Place, TX 77005 I www.westutx.gov The City of West L nivel: l j Place ./1 e ;11bot i1 x)c/C.;it . 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, CITY OF WEST UNIVERSITY PLACE, TEXAS By: Presiding Officer,Zoning Board of Adjustment S Y\\ir- r� l �{P V1A k-01 ` JOSE M.HAYES rlY V I My Commission Expires June 22,2017 STATE OF TEXAS COUNTY OF HARRIS TW instru ent was acknowledged before me on \i- , , —I(date) by rr j '_Q% \ (name) as Presiding Officer of the Zoning Board of Adjustment of the City of West University Place, Texas. (SEAL) My commission expires\Q ../C`). m itJ \9- ` ' '- \ Ck-` J C Notary Public >aP 0 vor��c 3800 University Boulevard I West University Place, TX 77005 I www.westutx.gov : . ' • The City of West University Place rill ....) it ,„.„.. ,,,,orh(xx,City This instrument was filed in the Board's office on 5- 2. ... - )Li , and, i f a mailing list is attached, copies were mailed to the persons on the list on (-: i Name: iebiC. SC-AYC'ek Title: .1-b 0444 ri- 4'7 1/ After recording return to: Secretary, Zoning Board of Adjustment (Phone #: 713-662-5843) City of West University Place 3826 Amherst Street Houston, Texas 77005 TOP WORK 0 3800 University Boulevard I West University Place, TX 77005 1 www.westutx.gov FILED FOR RECORD 9:52:42 AM Wednesday, August 8, 2018 ,c7. 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 a- NA IN, C Y � � •cam "a"4 " e t.+ % . .. COUNTY CLERK T HARRIS COUNTY, TEXAS