HomeMy WebLinkAbout05242018 ZBA Decision 7
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Zoning Board of Adjustment
City of West University Place, Texas ("City")
DECISION TO DENY A VARIANCE
Docket No: 2018-002
Address of building site: 5608 and 5610 Community Drive, West University Place,Texas
Legal description of the building site: Lots 23, 22 and 21 of Block One, College Court Place ,_,r
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Applicant: RL Legend Equity Company, Inc. Ip r�SY 1T�
Decision or Action Requested: The applicant requests a Variance from Article 5, Table 5-1 regarding
minimum building site dimensions. The applicant requested to create three new building sites from
two existing building sites with 50' widths and 5800 square feet.
Notice,Hearing,Findings, Vote:
(X) Notice of hearing was given by: regular and certified mail (to nearby pro ert 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 24,2018.
(X) Motion to deny the variance,the vote was: 5 for; 0 opposed,to deny the request.
Decision of the Zoning Board of Adjustment denying a variance request (subject to all applicable
appeals): Under and subject to the City's Zoning Ordinance and applicable law, a variance to create three
new building sites is denied for the site and request as identified above. The board could not find in the
affirmative the following criteria:
(X) A literal enforcement of the ordinance would result in an unnecessary hardship.
(X) The spirit of the ordinance is observed and substantial justice done.
(X) The variance is not contrary to the public interest.
Other Provisions:
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.
Effective Date&Administrative Remedies: This decision takes effect on the date it is filed in the Board's office
(dio 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
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3800 University Boulevard I West University Place, TX 77005 ( www.westutx.gov
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,he City of West University Place
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office. The rules of the Board allow re-hearings in certain circumstances. As additional administrative remedies:
(1)the permittee/applicant maybe 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, elij
CITY OF WEST UNIVERSITY PLACE,TEXAS
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By: A—
Presiding Officer,Zoning Board of ••,.9'stment
STATE OF TEXAS C=�1�.ADY\ SpGc∎I
COUNTY OF HARRIS \, 'k 1 1^
This instrument was acknowledged before me on - U. t IlZ0I �5 c/
(date) by Steven Segal
(name) as Presiding Officer of the Zoning Board of Adjustment of the City of West University Place,
Texas.
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ASHLEY ELLIOTT
°:' WiNotary Public,State of Texas
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Comm. Expires 10-02-2021
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(SEAL)
My commission expires: I O ..O W7) VAA:DIN
Notary y
This instrument was filed in the Board's office on 6e // /i , and, if a mailing list is
attached, copies were mailed to the persons on the list on NIA.
11(g< C3C) By:
Name:
Title:
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3800 University Boulevard I 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
08 VIA ftpj,
? COUNTY CLERK
HARRIS COUNTY, TEXAS