HomeMy WebLinkAbout01222015 ZBA Decision o The City of West University Place
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RP-2018-361007
Zoning Board of Adjustment
08/08/2018 RF1 $24.00
City of West University Place,Texas("City")
Docket No. 2014-06
DECISION TO GRANT A SPECIAL EXCEPTION
Address of building site: 6116 Kirby Drive
Legal description of the building site: Lot 8, Blk 10, Virginia Court Addition, a subdivision in Harris
County, Texas according to the map or plat thereof recorded in Volume
572,Page 361 of the Deed Records of Harris County,Texas.
e). Applicant: Lorena Cuellar aka Yoki Realty LLC
Decision or Action Requested: Special exception as authorized by Table 7-5b, Note 2 of Appendix A of
the Code of Ordinances, to authorize the installation of a single family residential swimming pool in a
townhome 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: January 22, 2015.
(X) Required determinations have been made by the ZBA as follows: (i) The proposed facility will
not create a drainage or noise problem; and (ii) will not cause a significant increase in traffic on
nearby streets.
(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 Table 7-5b,
Note 2 of the Zoning Ordinance,is issued for the site identified above, as follows:
A Special Exception to allow the construction of a residential swimming pool in a townhome district is
granted subject to the following conditions: (i) the pool must be constructed to meet all permit
requirements,and(ii)must meet all noise and drainage requirements.
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3800 University Boulevard I West University Place, TX 77005 I www.westutx.gov
CrThe City of West University Place
A Neighborhood Cit7
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
DECISIO ty ONE EXTENSION OF TIME TO APPLY FOR THE CONTEMPLATED WORK NOT TO
EXCEED • ■ 1 AYS 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.
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3800 University Boulevard I West University Place, TX 77005 ( www.westutx.gov
0 The CAtY of\VeSt University Place
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ZONING BOARD OF ADJUSTMENT,
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CITY OF WEST UNIVERSITY PLACE, TEXAS
By, f
Samantha Brantley,Presiding Officer,Zoning Board of Adjustment
STATE OF TEXAS
COUNTY OF HARRIS
This instrument was acknowledged before me on (date) b ' \' \I(Mr w 71 J''TI 'T A(
Samantha Brantley name)as ' - id' : Officer of the Zoning Board of Adjustment of the City of West
University Place,Texas. ,. •
JOSIE M. HAYES
SEAL ` My Commission Expires
(SEAL) �� June 22, 2017
My commission expires:
()At- Notary Public
This instrument was filed in the Board's office on 5— 5 - 9O/S , and, if a mailing list is
attached, copies were mailed to the persons on the list on -
By: /j 1"- i l
Name: D-c 1gtiY a Sc f
Title: C 41j e 1&ri' e
After recording return to:
Debbie Scarcella, Ty RECORDER
City Planner RECORDER'S MEMORANDUM:
Zoning Board of Adjustment At the time of recordation, this instrument was
City of West University Place
found to he;ir.adegnat�'for the hr.st phntographic
reproduction hccause o�i�t,�rge tt'tAtt bjackouts,
3826 Amherst Street photo copy,discolored p. '
additions and chances were present at the time
otyitt,
Houston,Texas 77005 the instrument was fled and recorded.
Phone#: 713-662-5893
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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
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COUNTY CLERK
HARRIS COUNTY, TEXAS