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Home My WebLink About10272016 ZBA Decision (2) J A `y'1'(�/11'1 The City of West University Place J Neighborhood .�. A tt.;iborhood(./tj RP-211°_361014 08/08/2018 RF1 $24.00 Zoning Board of Adjustment City of West University Place,Texas ("City") Docket No: 2016-012 DECISION GRANTING A VARIANCE Address of building site: 2719 Arbuckle Legal description of the building site: Lot 16, Block 7, Belle Court, a subdivision in Harris County, Texas, according to the map or plat thereof, recorded in Volume 452, Page 498 of the deed records of Harris County,Texas. \'CC 6 CUV - "Q�Applicant: James Bishop and Megan Murphy-Bishop Decision or Action Requested: A variance to Section 7-4a "Garage Space" to demolish the existing garage and not rebuild a new one in its place. 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 October 27, 2016 at 6:30 pm. (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: The"special conditions"or"unnecessary hardships"are not self-created,personal or based only on financial reasons. (X) The vote was: 5 for, 0 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 Section 7-4a "Garage Space"of the Zoning Ordinance is granted for the site identified above,as follows: A variance is granted to exempt the applicant from the requirement of building a replacement garage as long as the tree(26"Ash)remains healthy per the Urban Forester and the square footage of the structures is not increased. 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 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 ri Variance, 2719 Arbuckle Page 1 MP( PLACES 3800 University Boulevard I West University Place, TX 77005 I www.westutx.gov ts . The City of West University Place 11 Neighborhood;hborhood C:itt' 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. ZONING BOARD OF ADJUSTMENT, 64✓ CITY OF WEST UNIVER ' PLACE,TEXAS By. AO"; ,, ,sidiltiii*_ Presi sing Officer, oning Board of Adjustment q,01/4,00(D 5 X51'1 Cur 0 Variance, 2719 Arbuckle Page 2 woP PLACES 3800 University Boulevard I West University Place, TX 77005 j www.westutx.gov t C. The City of West University Place A Nei,'-hborhOOd City STATE OF TEXAS COUNTY OF HARRIS /, This instrument was acknowledged before me on J)V1C u�IL (date) by E vavcr SoLSJ1 (name) as P eiii',n0 Q ' '.' of e Zoning Board of Adjustment of the City of West University Place, Texas. .�`llav'''f.,' ASHLEY ELLIOTT KS.Notary Public,State of Texas y- .4.-.E. Comm. Expires 11-02-2017 gon,1 �� ` Notary ID 129579810 (SEAL) Am My commission expires: 11 "0 P"I,i I-7 otary Public This instrument was filed in the Board's office on /1— 10 (� , and, if a mailing list is attached, copies were mailed to the persons on the list on I A-- . By: p CC--A-A—(--A-III--- Name: jbtc_,,SCe_/1e" Title:C.l,5 P(a,nv v After recording return to: �JJ Secretary, Zoning Board of Adjustment j' City of West University Place 3826 Amherst Street Houston, Texas 77005 (Phone#: 713-662-5893) 0 Variance, 2719 Arbuckle Page 3 Mr( on) PLACES 3800 University Boulevard I West University Place, TX 77005 I www.westutx.gov ., `` • FILED FOR RECORD 9:52:42 AM Wednesday, August 8, 2018 1 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 n 0 COUNTY CLERK HARRIS COUNTY, TEXAS