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Home My WebLink About09252014 ZBA Decision NIW ‘) e A of West u - r ; . ice ,_1.Neighborhood City RP-->0 1 8-361008 08/08/2018 RF1 s24.iii' Zoning Board of Adjustment City of West University Place,Texas ("City") Docket No. 2014-05 DECISION TO GRANT A SPECIAL EXCEPTION Address of building site: 3622 University Boulevard Legal description of the building site: Lot Four-A (4-A) in block Forty-four (44) of West University Park, an addition in Harris County, Texas, according to the map or plat thereof, recorded in Volume 9, Page 13, of the Map Records of Harris County, Texas. Applicant: Ray and Cecile Schutter for 3622 Holdings,LLC Decision or Action Requested: Special exception as authorized by Article 12-105 of Appendix A of the Code of Ordinances, to reinstate and extend Prior Non-Conforming status for commercial use in a single family(detached)zoning district. 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: September 25, 2014. (X) Required determinations have been made by the ZBA as follows: (i) A substantial investment was reasonably made in the PNC item, or in reliance upon it; and (ii) extension of PNC status is necessary to allow a reasonable period in which to amo ize the investment, or to avoid unreasonable waste of any remaining value of the item with NC status. (X) Additional Determinations: (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) 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 12- 105, of the Zoning Ordinance, is issued for the site identified above, as follows: 0 1 TOP YORK 3800 University Boulevard I West University Place, TX 77005 I www.westutx.gov rill City of West University Place A i bor hooc.!C.<iti' , A Special Exception to reinstate and extend prior non-conforming ("PNC") status of a business activity (and a business building) in a Single Family District is granted subject to the following conditions: (i)the reinstated and extended use of 3622 University Boulevard is limited to light commercial use and(2)PNC status has been reinstated and extended for a period of fifteen(15)years. 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, REGULATION OF 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. ra 2 TP 3800 University Boulevard I West University Place, TX 77005 I www.westutx.gov The Cin of West University Place A ci libo out City ZONING BOARD OF ADJUSTMENT, CITY OF WEST UNIVERSITY PLACE,TEXAS By:____ZNyvv2v... — tir.,roc Samantha Brantley,Presiding Officer,Zoning Board of Adjustment STATE OF TEXAS COUNTY OF HARRIS This instrument was acknowledged before me on Dek 1 Pat ) by Samantha Brantley as < <Psesid'nu car 9Ittliwkiiin#Board of Adjustment of the City of West University Place,Texas. (�y` r 4 4011E M.HAVES 7r^+�+a ) My Commission Expires June 22,2017 ' ' 1 / cs\Q \Y\ .NCNB c J Notary Public This instrument was filed in the Board's office on 6Ca ? ,22,61/7 , and, if a mailing list is attached, copies were mailed to the persons on the list on -- Zi Le_c_c_az_______ By: Name:Debbie 5Carce(IA. Title: c i-5 plan n 6r- After RECORDER'S MEMORANDUM: recording return to: JI fo the time of requatetfor t this instrument w is• found to he inadequate for the best photographic Debbie Scarcella,City Planner reproduction because of per, bi!ity. carbon or y photo copy,discolored paper,etc.All block°uts, Zoning Board of Adjustment additions and chances were present at the time City of West University Place the instrument was tiled and recorded. 3826 Amherst Street Houston,Texas 77005 Phone#: 713-662-5893 3 TOP 0 err';' 3800 University Boulevard I West University Place, TX 77005 I www.westutx.gov FILED FOR RECORD 9:52:42 AM Wednesday, August 8, 2018 5-774.4.... .,V7;cotc....41-- 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 No " t COUNTY CLERK HARRIS COUNTY, TEXAS