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Home My WebLink About11192015 ZBA Decision The City of West University Place I .\'eighborhQo l C�t► RP-2018-361016 08/08/2018 RPi $24.00 Zoning Board of Adjustment City of West University Place,Texas ("City") Docket No: 2015-10 DECISION GRANTING A VARIANCE Address of building site: 3816 Bellaire Blvd,West University Place,Texas 77005 Legal description of the building site: Lots 28, 29, 30 and 31 of Cambridge Place,an addition in Harris County, Texas, according to the map or plat thereof recorded in Volume 4, Page 55 of the Map Records of Harris County,Texas. Applicant: Garhett Wagers, on behalf of St. Mark's Episcopal Church School and DKGA-WUC LP Decision or Action Requested: Request a variance to authorize the encroachment of a covered walkway into the side yard setback. 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 Debbie Scarcella, City Planner of the City. (X) Hearing was held on November 19, 2015. (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: 4 for, 1 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 reduce the side yard (setback) on the west property line to allow the construction of a covered walkway. The structure may encroach as long as there is a valid lease agreement between the property owners. Other Provisions: 3800 University Boulevard I West University Place, TX 77005 I www.westutx.gov 4 The City of West University Place A Neighborhood City 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. 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. TOP WORK PLACES 3800 University Boulevard I West University Place, TX 77005 I www.westutx.gov r The City of West University Place A Neighborhood City ZONING BOARD OF ADJUSTMENT, \Ut°", CITY OF WEST UNIVERSITY PLACE, TEXAS 01. Ilk MOW Ed Soba h,Presi•••: a 'cer,Zoping Board of Aidjustment STATE OF TEXAS COUNTY OF HARRIS This instrument was acknowledged before me on 1 2-1/20/(p (date) by /L/,., ,,, iy (name) as Presiding Officer of the Zoning Board f Adjustment of the City of West )niversity Place, Texas. o`"'°""��,,, SHELLY EVERSOLE =_°::•�.:.`�,`=_Notary Public,State of Texas (SEAL) =^,T.r�.-4,„,i.� Comm.Expires 02-23-2020 '',,F,°,,;,;,`' Notary ID 128894133 My commission expires: Notary Pub i FoiaLc This instrument was filed in the Board's office on I' ? 8 - X62 , and, if a mailing list is attached, copies were mailed to the persons on the list on Id l- . B Y b Ir - il Name: D-e 12101 C C4(Cgk Title: C,I `f(0./6017 After recording return to: Secretary,Zoning Board of Adjustment ii City of West University Place 3826 Amherst Street Houston,Texas 77005 (Phone#: 713-662-5893) TOP WORK PLACES 3800 University Boulevard l West University Place, TX 77005 I www.westutx,gov 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 Cp o `1► 41 "�t6yiy 1.0,. i, COUNTY CLERK `�� HARRIS COUNTY, TEXAS