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Home My WebLink About06252015 ZBA Decision 414 The CAity of West University Place 1t .1 rei�;17boJ'1t( t)cl RP-2013-361013 08/08/2018 RP1 324.00 Zoning Board of Adjustment City of West University Place,Texas("City") Docket No. 2015-06 DECISION TO GRANT A SPECIAL EXCEPTION Address of building site: 2604 Fenwood Road Legal description of the building site: Lot 10 and the adjoining east twenty(20) feet of Lot 9 in Block 2 of Pemberton, a subdivision in Harris County, Texas according to the map or plat thereof recorded in Volume 8, Page 41 of the Map Records of Harris County,Texas. 1:091 Applicant: Joseph E and Karen G McManus Y Decision or Action Requested: Special exception as authorized by Article 7, Table 7-5(a), specifically Note 5, of Appendix A of the Code of Ordinances, to authorize the use of one additional curb cut along Kirby Drive. 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: June 25, 2015. (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: The curb cuts must substantially match the drawing submitted with the application and is for the reuse of the existing curb cut. (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 use of an additional curb cut provided that the curb cut is a reuse of the existing curb cut and is substantially the same as shown on the plan submitted with the ZBA application. 1 3800 University Boulevard I West University Place, TX 77005 ( www.westutx.gov The City of West University Place I \ci, -11hx)r11'xoc1(]Th 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 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. 3800 University Boulevard I West University Place, TX 77005 I www.westutx.gov rf'he City of West University Place A Neighborhood C;itl ZONING BOARD OF ADJUSTMENT, 16114 CITY 0 WEST UNIVERSITY PLACE,TEXAS By: 1n.�enr- Samantha Brantley, Presiding Officer, Zoning Board of Adjustment STATE OF TEXAS COUNTY OF HARRIS �ij any This instrument was acknowledged before me or�J.A\\.- `� i,J\M' date) by c) q � `Q Samantha Brantley name)as ' - ••'' • , • . • : :..rd of Adjustment of the City of West University Place,Texas. ` Com is HAVES WIy Commission Expires (SEAL) *�/ June 22,2017 My commission expires: • - - - 6\--) \ Q._ `n, \\C�\\Q) Notary Public This instrument was filed in the Board's office on �G(C_`f g 1 20/5 , and, if a mailing list is attached, copies were mailed to the persons on the list on By: k e-,C.6. Name: 1 'bb e Sce(/ Ci. Title:al kCt,n n eir- After recording return to: Secretary,Zoning Board of Adjustment City of West University Place 3826 Amherst Street Houston,Texas 77005 Phone#: 713-662-5893 3 3800 University Boulevard I West University Place, TX 77005 I www.westutx.gov • FILED FOR RECORD 9:52:42 AM Wednesday, August 8, 2018 ' f 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 (Iv A ftb.\\\ Y 5-1---.4&". ''''.410,14. " O t,0- COUNTY CLERK HARRIS COUNTY, TEXAS