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Home My WebLink About09222016 ZBA Decision RP-2019-177559 05/01/2019 RP1 $24.00 City of West University Zoning Board of Adjustment Place City of West University Place,Texas Docket No. 2016-014 DECISION TO ISSUE A SPECIAL EXCEPTION GRANTING PRIOR NONCONFORMING STATUS Address of building site: 6707 Academy Street and"0"Ruskin Street,West University Place,Texas 77005 Legal description of the building site: Lots 1-6,Block 25, Collegeview,First Addition 1 t ri Czu I'y Applicant: Southwestern Bell Telephone Company d/b/a AT&T Southwest; AT&T DataCom; AT&T Texas Decision or Action Requested:Acquire Prior Nonconforming status through a Special Exception authorized by Section 12-106 of the zoning regulations allowing the continuation of the use of the parking area to house the waste storage area and to continue the use of the dock area as it is with vehicles entering and exiting the two access driveways connected to the parking area. (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 22,2016. (X) Required and special determinations have been made by the ZBA as follows: 1. The proposed special exception: a. will not cause any significant increase in on-street parking; b.will not cause any substantial traffic congestion; c. will not cause any substantial increase in traffic or an unreasonable burden upon utility systems or upon any other public facility or public service; and d.will be in harmony with the general purpose and intent of the Zoning Ordinance. 2. The nonconformance was clearly shown in plans and specifications. 3. Before the work was done,neither the owner,contractor nor any other person assisting with the work knew about the noncompliance. 4. The nonconformance was covered by the permit and the permit was regularly issued. 5. After learning of the nonconformance,the owner promptly conferred with the administrative official. 6. The item will neither constitute a health or safety hazard nor cause a significant impact upon another person or party. 7. The item can be brought into compliance within the time period specified at a modest or reasonable cost,unless the impact of the item on other persons or properties is either nil or extremely small. Vote. The vote was: five for; zero opposed to,this decision. Decision (subject to all applicable administrative remedies and appeals): Under and subject to the City's Zoning Ordinance and applicable law, a special exception as specifically allowed by Section 12-106, "Special Exception;work under permit"of the Zoning Ordinance,granting Prior Nonconforming status is issued for the site identified above subject to the following: The City of West University Place /1 ?'cighlx l lxxxi City (1) SCOPE OF SPECIAL EXCEPTION; LIMITATIONS. The scope of the special exception is subject to the following limitations: It only authorizes the waste storage area and the use of the driveway structures on the lots zoned as Single Family(detached) Third district,which contains the parking area. (2) CONDITIONS. The Board prescribes the conditions listed below.These conditions have been prescribed to the extent necessary to enable the Board to make findings or determinations necessary for the issuance of the special exception(or otherwise necessary to minimize or diminish an impact of the nonconformity). Therefore,these conditions are essential to the special exception. If there is non-compliance with a condition, Section 6-101 of the Zoning Ordinance determines the effect upon affirmative defenses if a condition is not observed or fulfilled. a) An 8' brick or masonry wall with opaque gates must be constructed around the site. b) The loading dock/platform may not be increased in size. c) Tree screening with irrigation must be installed along Ruskin and Academy. d) No eighteen-wheelers or tractor trailers may use the parking area. e) Owner is to take reasonable steps to reduce the noise emanating from the site. ADMINISTRATIVE OFFICIAL; SUBMISSIONS TO BOARD. The administrative official is requested to keep the Board informed about compliance with this decision. Should there be non-compliance with any term or condition,the administrative official is requested to take appropriate action and submit the matter to the Board for further consideration and action. 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 180-TH 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.NO EXTENSION OF ANY PRESCRIBED TIME PERIOD IN THIS DECISION MAY BE GRANTED WITHOUT AUTHORIZATION FROM THIS BOARD,EXCEPT THAT THE ADMINISTRATIVE OFFICIAL MAY EXTEND THE TIME TO APPLY FOR PERMITS FOR ONE ADDITIONAL 180-DAY PERIOD. NEITHER ADDITIONAL NOTICE NOR HEARING IS REQUIRED FOR GRANTING A TIME EXTENSION. IF ANY WORK OR CONDITION IS NOT DONE WITHIN A PRESCRIBED TIME PERIOD--AND NO TIME EXTENSION IS GRANTED-THIS DECISION REMAINS IN EFFECT,BUT IT IS SUBJECT TO REVERSAL OR MODIFICATION BY THE BOARD WITHOUT ADDITIONAL NOTICE OR HEARING.THIS DECISION APPLIES ONLY TO THE SPECIFIC ZONING ORDINANCE PROVISION(S)IDENTIFIED ABOVE. IT DOES NOT APPLY TO OR AFFECT: (A)OTHER REQUIREMENTS (SUCH AS, FOR EXAMPLE,REGULATION OF SITES,BUILDINGS AND OTHER STRUCTURES UNDER 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. TO OBTAIN A RULING FOR ANY 0 3800 University Boulevard I West University Place, TX 77005 I www.westutx.gov • 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&Appeals: Subject to applicable administrative remedies and appeals,this decision takes effect on the date it is signed and 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. Other provisions of the Zoning Ordinance allow remedies in certain circumstances. See, for example, Sections 8-112 and 14-100. ZONING BOARD OF ADJUSTMENT, CITY OF WEST UNIVERSITY PLACE,TEXAS I By: /� l k -' I Name: -DWARD S• :ASH Presiding Officer,Zoning Board of Adjustment STATE OF TEXAS COUNTY OF HARRIS � , 'aO\ This instrument was acknowledged before me on 1\, date)by 10� (name)as Presiding Officer of the Zoning Board of Adjustment of the City of West University Place, Texas. ——— — — — — — — — — ( JOSIE MARIE HAYES 41 - Notary ID # 12375814 I My Commission Expires (SEAL) �� June 22.2021 My commission expires:U- r S This instrument was filed in the Board's office on II 11 (/4, and, if a mailing list is attached, copies were mailed to the persons on the list on XI 1 s . By: 11) Name: Del9 r4A SQZ.rrdk Title: C;411 ?( na✓ J - After recording return to: RECORDER'S MEMORANDUM: Secretary,Zoning Board of Adjustment (Phone#: 713-662-5843) At the time of recordation, this instrument was City of West University Place found to be inadequate for the best photographic reproduction because of illegibility, carbon or 3826 Amherst Street photo copy,discolored paper,etc.All blockouts, V Texas 77005 additions and changes were present at the time Houston, the instrument was filed and recorded. FILED FOR RECORD 8:45:39 AM Wednesday, May 1, 2019 � 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, May 1, 2019 6,t MA Rjfkfo �c c-Ci�..c aw-Zect se-c COUNTY CLERK °�� * HARRIS COUNTY, TEXAS