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Home My WebLink About08272015 ZBA Decision (2) . R ‘r,\ ., The City of\Vest University Place W‘ li l v c ; 1c»'l �rcl cm RP-2018-361020 Zoning Board of Adjustment 08/08/2018 RN $28.00 City of West University Place,Texas ("City") Docket No. 2015-07 DECISION TO REVERSE A DECISION OF THE ADMINISTRATIVE OFFICIAL Address of building site: 5404 Kirby Drive, West University Place, Texas 77005 Legal description of the building site: 0.195 (8.507 square feet) of one acre tract of land situated in (� the Allen C. Reynolds Survey, Abstract Number 61, Harris County, Texas also known as Tract 4A, Block 2, Evanston s✓ by HCAD records. 1)I/" Applicant: 5404 Kirby, LLC/Kevin Hanratty/Fajitas A Go Go Decision or Action Requested: Appeal a decision of the Administrative Official denying a permit to develop an outdoor food service seating area on a fenced patio structure adjacent to a residential street as regulated in Article 8-104 (a)(iii) of the zoning regulations (X) Notice of hearing was Riven 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: August 27,2015 Vote. The vote was: five for; zero opposed to,this decision. Decision (subject to all applicable administrative remedies and appeals): Under and subject to the City's Zoning Ordinance and applicable law,a reversal and modification of the decision to deny a permit was made,allowing the applicant to improve and install an outdoor seating area between the building and residential street(Albans)with the following conditions: 1. The seating area must be fenced and screened from the residential street with an opaque fence as shown in the attached site plan labeled as Exhibit"A". 2. The seating area must close at 9 pm with adequate signage to that effect conspicuously posted. 3. There can be no outdoor speakers or music located in the seating area. 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 180-TH DAY FOLLOWING THE EFFECTIVE DATE OF THIS DECISION,AND SUCH WORK Decision To Issue A Special Exception Page 1 rill 3800 University Boulevard West University Place, TX 77005 I www.westutx.gov ;4 0 r l li c City c of-West t University Place - t .��ri tthurh�x�c�C ite MUST BE COMPLETED IN ACCORDANCE WITH SUCH PERMITS(AND ALL APPLICABLE REGULATIONS)ON OR BEFORE THE SECOND ANNIVERSARY OF THE DATE OF THIS DECISION. NO EXTENSION OF ANY PRESCRIBED TIME PERIOD IN THIS DECISION MAY BE GRANTED WITHOUT AUTHORIZATION FROM THIS BOARD,EXCEPT THAT THE ADMINISTRATIVE OFFICIAL MAY EXTEND THE TIME TO APPLY FOR PERMITS FOR ONE ADDITIONAL 180-DAY PERIOD. NEITHER ADDITIONAL NOTICE NOR HEARING IS REQUIRED FOR GRANTING A TIME EXTENSION. IF ANY WORK OR CONDITION IS NOT DONE WITHIN A PRESCRIBED TIME PERIOD--AND NO TIME EXTENSION IS GRANTED-- THIS DECISION REMAINS IN EFFECT,BUT IT IS SUBJECT TO REVERSAL OR MODIFICATION BY THE BOARD WITHOUT ADDITIONAL NOTICE OR HEARING. THIS DECISION APPLIES ONLY TO THE SPECIFIC ZONING ORDINANCE PROVISION(S) IDENTIFIED ABOVE. IT DOES NOT APPLY TO OR AFFECT: (A)OTHER REQUIREMENTS (SUCH AS,FOR EXAMPLE,REGULATION OF SITES,BUILDINGS AND OTHER STRUCTURES UNDER 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&Appeals: Subject to applicable administrative remedies and appeals,this decision takes effect on the date it is signed and 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, CITY OF WEST UNIVERSITY PLACE,TEXAS 1 Decision To Issue A Special Exception Page 2 TOwcas� 1%: C 3800 University Boulevard I West University Place, TX 77005 I www.westutx.gov . A ' City of\Vest University Place t 1 Nci iib(oloocI(:/11 , � n BY: 4'/.1A.!r.y 1b _a:.'iga Presiding Officer,Zoning Board of Adjustment C , V\CA C6 C--� STATE OF TEXAS COUNTY OF HARRIS This instrument was acknowledged before me on /U- /" 'f' (date)by SGna444-0- Pro.n+ic (name) .- ' - ',•• • Qfficerof th • g Board of Adjustment of the City of West University Place;Texas. ff01 �`�iii ::r±;5 (SEAL) ta' 'E .xas �t os :' -16-2017 My commission expires: 7- /j - /7 ----' ' Notary Public This instrument was filed in the Board's office on /a—/ - /S , and, if a mailing list is attached, copies were mailed to the persons on the list on By. Name: J bb ' &i-vz el&- Title: C .Png-k- After recording return to: 7l Secretary,Zoning Board of Adjustment (Phone#: 713-662-5843) City of West University Place 3826 Amherst Street Houston,Texas 77005 rliDecision To Issue A Special Exception Page 3 ii 3800 University Boulevard I West University Place, TX 77005 I www.westutx.gov P5 " .33 r.,----....----,----------,...--,-- 01 .:' ? '11-- ' 1 1 -------2.,, rri 1 N ..,; -. K) ,, 1 53'31i; A 4" 5 !•33-4. c)Z I ...,„ ? ' 0 ..,. ( c..) ■ 4.... CS) (O ' ' . .',' 'C) ,. FC tri,. C) I ..V ;. "'" . V '..'t 4 'e ILH"-T4`1 r n , — = , - P 7)I :.',.,..,-",-. H m ,,-) . , _ P= ,,,,p.• , -,- CD 0 E.:::' 0 - CO .__.1 ...t. - 4, .— ,' - -----r-,-4. „ 0 H ",'..q, F ---- .1: A5 .1 V ' ; - ___ . , i 55, o 2 5 - A, 53 5---- -4 0 a , --LT-----— -3 d , Rig ----' 75.1 , I HI L1 54 A . 1$ ' • ,A, 5 7 +11',.33 I 0 0 0'i ' 3'3 '•;d 1. " ,t ' "—.1 i , .. 3 0 0 0 r 7 "3 2 2 I a.u' c.-- 7•3 a 0 a ALBANS ROAD 1 ' '-' ' T. I A°20 222222 2200221E-102 X . m 5""aa •-n -0- - WPiiri; i §rA32 40, i11 lUf'Rim i /11t 3; ii 1 ! ! :1 ;i ''M l' q Cti :tti:i ;" , .'''I'' l''''0 ''i''1'6''',.— 1i '2 1 1 )23;=''12.5,WilgO'i ; 5x gx;> '4 -.' 0 11-, . g 10:q .1, LI !!..- i, ,. F % 7, , A tiii '•: p . ! I $ 1 ,-- i0tg ' 1`-' 8" 'A ''' ' t il ,pq . i loz3 4 ,li `,- -,,,.;;?<' 0 t 4 t 0 2 ''''. 6"g 7 X EM lElp, A t . C '. A. M. -..; , - m g 01 ., `3 ., '". 9 - ,., A „ ,.• E fT1 a r; ;77: ..,,,, - > [,!,,'i, 44, -04 ; 8 ‘ - , .-,, v g; pi,i ;6 .i! . , . 51 , •„-,, % , pt w c, ... •-z: = z • — . =— 0 I : -`'—' Il A - Pi t A E 1 73,F, E,,,.. 4. •• Ogt qi,wk i' p. ,E: iE: I"I 3 co .. .... - *.., — co CD 54 ii Li i i A , 1 ...,,.. r> 1 1 91511114 1 I 3 "5 '11 i ',Iii ! 1 ri l'Cl ." identityARCHITECTS t T ; l' 5 eA I; , •.:.4,-.--4 1 : -,,,,i,01: 0.11:Ii:, . L C7;D 1° „ i •1 14:4L irgtr ,t4 ; --1' - .-'i i t rl I g rf!;l'I. j, '. •',.'.!,,,.,',l...;,f; 6,ro - - . ' '',Ii'■,;.`,;.. • 3.4:7,0,2,;.;,t'154"47.7.%3;r337;',-.7.3A7,55,73,51=75, : : '5.,;',;': '1 "-3 ....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 7(;.- it '4(.0 s Y %No/1. \, COUNTY CLERK HARRIS COUNTY, TEXAS