HomeMy WebLinkAbout12202018 ZBA Decision (2) The City of West University Place
�� A Neighborhood Gin
RP-203 9-35942
Zoning Board of Adjustment
01/29/201; RP2 $24.00
1 City of West University Place,Texas("City")
Docket No.2018-0008
DECISION TO GRANT A SPECIAL EXCEPTION
Address of building site: 3715 Wroxton Road
Legal description of the building site: Lot 6, Block 6, Sunset Terrace, Section 9 in Harris County,
Texas
Applicant: Brent Farrell/ReCraft Construction
Decision or Action Requested: Special Exception for an alternate driveway design using black star
gravel instead of hard surfaced material to accommodate tree roots.
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.
(X) Hearing was held on: December 20, 2018
(X) Required determinations have been made by the ZBA as follows: (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) Special determinations have been made by the ZBA as follows: The material will provide
equal or better durability as hard surfaced material.
(X) The vote was: 5 for; 0 opposed,to this decision.
Decision of the Zoning Board of Adjustment granting special exception (subject to all applicable
appeals): Under and subject to the City's Zoning Ordinance and applicable law, a special exception as
specifically allowed by Section 7-5a,Note 4, is issued for the site identified above, as follows:
A special exception to allow for an alternate material other than hard surfaced material for a
driveway in order to protect tree roots. This special exception is issued with the following
conditions:
1. The material will be black star gravel
2. The Urban Forester will make the final determination as to the dimensions and quantity of
the area containing the black star gravel.
Other Provisions:
THIS DECISION MUST BE RECORDED IN THE HARRIS COUNTY REAL PROPERTY RECORDS,
AND THE COST MUST BE PAID BY THE APPLICANT.
Dkt 2018-0008 3715 Wroxton Rd Page 1 ?,®P
Ft,s(
3800 University Boulevard I West University Place, TX 77005 I www.westutx.gov
rl�he City of West University Place
A Neighborhood hhoocl City
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 EFFECTIVE DATE OF THIS DECISION. ONE EXTENSION OF A 180-
DAY TIME PERIOD IN THIS DECISION 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 6 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&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
Dkt 2018-0008 3715 Wroxton Rd Page 2 ToP
P;_ACES
3800 University Boulevard I West University Place, TX 77005 I www.westutx.gov
C.,
The City of West University Place
....)
A Neighborhood 11 .oLI Cite
should be submitted to the Zoning&Planning Commission.
ZONING BOARD OF ADJUSTMENT, /M-- i
CITY OF T UNIVERSITY P ACE,TEXAS
By: -v,
Leven Segal
Presiding Officer, Zoning Board of Adjustment
STATE OF TEXAS
COUNTY OF HARRIS
This instrument was acknowledged before me on \-?c3 -O'� (date) by �02�n
(name) as PwresicIA Off r_of the Long 1190 of Adjustment of the City of West University Pla ,
Texas.
iosie MARIE HAYES
a �^ floury 10 0 123158N1 1
■ ® My Commission Expires
1 ., „..►s June 22,2021 i
(SEAL) \ J Q \11C C\Q �S
My commission expires:
Notary Public
This instrument was filed in the Board's office on 0 0 15 !; \ , and, if a mailing list is
attached, copies were mailed to the persons on the list on
By. Via\Q \I\
Name:
J Title:
After recording return to:
Secretary,Zoning Board of Adjustment (Phone#: 713-662-5843)
City of West University Place
3826 Amherst Street
Houston,Texas 77005
0
Cop
Dkt 2018-0008 3715 Wroxton Rd Page 3 WoP
PLACES
3800 University Boulevard I West University Place, TX 77005 www.westutx.gov
FILED FOR RECORD
8:30:23 AM
Tuesday, January 29, 2019
!mac-c-t�
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
Tuesday, January 29, 2019
os VIApfr`p
'e ,� COUNTY CLERK
nj w HARRIS COUNTY, TEXAS