HomeMy WebLinkAbout03282019 ZBA Decision (2) RP-2019-214281
05/22/2019 RF'1 $60.00
Zoning Board of Adjustment
At t, { City of West University Place,Texas("City")
West University
Place Docket No. 2019-0003
DECISION TO GRANT A SPECIAL EXCEPTION
Address of building site: 2631 Bissonnet, West University Place, TX 77005
Legal description of the building site: 0.47 acre (20,668 square feet) tract of land, more or less, situated in the A.C.
Reynolds League, Abstract 61, Harris County, being all of a 120'x177' tract under Clerk's File No. Y545450 of
the Official Public Records of Real Property of Harris County, Texas.
Applicant: 2631 Bissonnet LLC/George Santikos, owner
Marquis Entertainment LLC/Al Jara, operator
Decision or Action Requested: Special Exception per Section 10-103c for a joint use of parking space
agreement with pipeline realty company at 2617 Bissonnet.
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: March 28, 2019.
(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: (describe any that apply) The special exception
will not cause any increase in on-street parking.
(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 10-103c, is
issued for the site identified above, as follows: Approved a special exception for 2631 Bissonnet to share 23 spaces with
pipeline realty company at 2617 Bissonnet in order to construct a patio in the front yard area. The patio will result in the loss
of 3 onsite parking spaces.
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 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
Page 1 of 3
•
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,REGULATIONS
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 should be submitted to the Zoning&Planning
Commission.
ZONING B• • ' I OF ADJUST NT, di"
CITY OF'of T UNIVERSITY,ACE, TEXA
BY: A46� .41 .= !.i�c.
Name: 5 \ ,
Presiding Officer, Zoning Bowl Adjustment
Page 2 of 3
STATE OF TEXAS
COUNTY OF HARRIS
This instrument was acknowledged before me on ` Q ct (date) by i(" name) as Presiding
Officer of the Zoning Board of Adjustment of the City of West University Place,Texas.
(SEAL) - ti \ )Qf5\a \ Y CAaQ.My commission expires VCk4Q
Notary Public
This instrument was filed in the Board's office on , and, if a mailing list is attached, copies
were mailed to the,persons on the list on �
1: JOSiE MARIE HAYES B1 �, t \• ��
Miry 10#* 12375814 y
,�^�� My Commission Expires Name: )��� �. ta*'r.,Ea�E,fr June 22,2021 Title: 1 ` 1�,/1 1
`�'ter recording return to: "
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Secretary,Zoning Board of Adjustment (Phone#: 713-662-5843)
City of West University Place
3826 Amherst Street
Houston,Texas 77005
Page 3 of 3
EXHIBIT A
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EXHIBIT B
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RECIPROCAL PARKING AGREEMENT
This Reciprocal Parking Agreement("Agreement")is entered into effective as of May q ,2019
("Effective Date"), by and between 2631 BISSONNET LLC, a Texas limited liability company
d/b/a The Marquis II ("Marquis"), P.O. Box 541204, Houston, Texas 77254, Attn: George
Santikos, and JERMAR COMPANY L.C., a Texas limited liability company ("Jermar"), 2330
Holmes Road,Houston,Texas 77051,Attention: Scott R. Rubenstein.
RECITALS:
A. Marquis owns the land and improvements thereon located at 2631 Bissonnet, in the City
of West University, that is depicted on the survey attached as Exhibit A("Marquis Property").
B. Jermar owns the land and improvements thereon located at 2617 Bissonnet, in the City of
West University, that is depicted on the survey attached as Exhibit B ("Jermar Property").
C. The Marquis Property and the Jermar Property are adjacent to each other, but do not share
a common driveway.
D. Marquis and Jermar wish to permit the other party to use parking areas on their respective
properties, subject to the terms of this Agreement.
AGREEMENT:
NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00) paid by each party
hereto to the other,and other good and valuable consideration,including the mutual covenants and
agreements contained herein,the parties agree as follows:
1. Recitals. The recitals are true and correct and are incorporated in and made a part
of this Agreement.
2. Parking License.
(a) Marquis hereby grants to Jermar a revocable, non-transferable and non-exclusive
license to use those portions of the Marquis Property that are available for parking ("Marquis
Property Parking Area"), subject to the terms, conditions and agreements hereinafter set forth.
Jermar hereby grants to Marquis a revocable, non-transferable and non-exclusive license to use
those portions of the Jermar Property that are available for parking ("Jermar Property Parking
Area"),subject to the terms,conditions and agreements hereinafter set forth.The Marquis Property
Parking Area and the Jermar Property Parking Area are sometimes jointly referred to herein as the
"Parking Area(s)." The grants hereunder shall in no way operate to confer upon either party any
other interest, status, or estate of any kind other than a license. The licenses granted are non-
exclusive, and each party reserves for itself and its tenants and their respective employees and
invitees to use all or a part of the respective Parking Area(s).
Page 1
(b) As of the Effective Date, as shown on Exhibit B, the Jermar Property contains
paved areas that are striped for parking spaces,which is intended to be the Jermar Property Parking
Area. As of the Effective Date, as shown on Exhibit A, the Marquis Property contains areas that
do not have improvements that are available for parking, which is intended to be the Marquis
Property Parking Area.
(c) After the Effective Date, Marquis, at its sole option, may cause portions of the
Marquis Property to be paved and striped for parking spaces,and in such event,the areas so striped
for parking will then be the Marquis Property Parking Area.
3. Term and Termination. This Agreement will commence on the Effective Date and
terminate one (1) year thereafter, and thereafter will automatically renew for successive one-year
terms. Either party may terminate this Agreement at any time for any reason by giving the other
party no less than sixty(60)days' prior written notice.
4. Restrictions on Use.
(a) The right to use the Jermar Property Parking Area is for the benefit of only Marquis
and the tenants of the Marquis Property, and their respective employees and invitees,and may not
be used by owners or occupants of any other property owned by Marquis.The right to use Marquis
Property Parking Area is for the benefit of Jermar and the tenants of the Jermar Property,and their
respective employees and invitees, and may not be used by owners or occupants of any other
property,including without limitation the property located at 2607 Bissonnet,which is adjacent to
the Jermar Property.
(b) The use of the Parking Areas for parking is limited to automobiles and light
passenger trucks only, and no commercial or construction vehicles are permitted.
(c) Marquis and Jermar may elect to impose restrictions on the specific areas within
the Marquis Property Parking Area or Jermar Property Parking Area,respectively,which the other
party may use, or may impose restrictions on the hours during which the other party may use the
Marquis Property Parking Area or Jermar Property Parking Area, respectively, which restrictions
will be communicated in writing from time to time.
(d) Neither Marquis nor Jermar shall, with respect to the Jermar Property or the
Marquis Property, respectively: (i) place any signs or displays upon the respective property; nor
(ii) charge any visitor, customer or invitee a fee for parking in the Jermar Property Parking Area
or the Marquis Property Parking Area, respectively.
5. Condition of Parking Area. Jermar accepts the Marquis Property Parking Area in
its current"as-is"condition. Marquis is responsible for the maintenance and repair of the Marquis
Property Parking Area, but is not obligated to make any additions or alterations to the Marquis
Property Parking Area. Marquis accepts the Jermar Property Parking Area in its current "as-is"
condition. Jermar is responsible for the maintenance and repair of the Jermar Property Parking
Area,but is not obligated to make any additions or alterations to the Jermar Property Parking Area.
Page 2
6. Construction of Improvements. Marquis and Jermar may each construct any
additional improvements desired by them on any portion of the Marquis Property or the Jermar
Property,respectively,even if such additional improvements reduce the amount of parking spaces
or areas available for use.
7. Assignment. Neither party has the right to assign this Agreement to any other party
without the prior written consent of the other party hereto,which consent may be given or withheld
in such party's sole discretion.
8. Non-Waiver. No delay or omission of either party hereto in the exercise of any
right accruing upon any default of any other party hereto shall impair that right or be construed to
be a waiver thereof, and every such right may be exercised at any time during the continuance of
that default. A waiver by either party hereto of a breach of, or a default in, any of the terms and
conditions of this Agreement by the other party hereto shall not be construed to be a waiver of any
subsequent breach of or default in the same or any other provision of this Agreement.
9. Non-Dedication. Nothing contained in this Agreement shall be deemed to be a gift
or dedication of any portion of the Marquis Property or Jermar Property to the general public or
for any public use or purpose whatsoever.
10. Notices. Except as otherwise provided herein, all notices hereunder shall be in
writing and delivered by courier or delivery service, or by Certified Mail, Return Receipt
Requested, to the parties at their addresses set forth above. Such notices shall be deemed to be
delivered upon the earlier of actual receipt, or in the event of notice by mail, three (3) days after
placing the same in the United States Mail,postage prepaid,in the manner set forth above.Notices
may also be given by any other commercially reasonable method, and will be deemed delivered
when actually received. Any address for notice may be changed by written notice so given, but
shall not be effective until two (2)business days after being given.
11. Miscellaneous.
(a) Governing Law. This Agreement will be construed under the laws of the state of
Texas, without regard to choice-of-law rules of any other jurisdiction. Venue is in Harris County.
(b) Headings. The section or paragraph headings in this Agreement are for
convenience only, shall in no way define or limit the scope or content of this Agreement,and shall
not be considered in any construction or interpretation of this Agreement or any part hereof.
(c) No Partnership. Nothing in this Agreement shall be construed to make the parties
hereto partners or joint venturers or render any of said parties liable for the debts or obligations of
any other parties.
(d) Amendments. This Agreement may only be amended in writing, signed by an
authorized representative of Marquis and Jermar.
Page 3
(e) Status Reports. Recognizing that either may find it necessary from time to
P � g
time to establish to potential purchasers,mortgage lenders or other third parties,the current status
of performance under this Agreement,each party,upon the reasonable written request of any other
party,from time to time,agrees to furnish,with reasonable promptness,a written statement on the
status of any default or other performance relating to this Agreement.
(f) Entire Agreement. This Agreement and any exhibits are the entire agreement of
the parties concerning the subject matter of this Agreement, and there are no representations,
agreements, warranties, or promises, and neither party is relying on any statements or
representations of the other party,that are not in this Agreement and its exhibits.
(g) Injunctive Relief. Because the enforcement of the terms set forth in this Agreement
are essential for the continued use and enjoyment of the parties' respective properties, it is hereby
acknowledged that any breach by any party of those terms may not be adequately compensated by
recovery of damages, and therefore each party, in addition to all other remedies, shall be entitled
to the remedy of injunction to restrain any such violation or breach or threatened violation or
breach of the agreements provided for herein.
(h) Counterparts. This Agreement may be executed in any number of counterparts with
the same effect as if all signatory parties had signed the same document. All counterparts are to
be construed together and will constitute one and the same instrument, and the signature pages of
each document may be attached to one instrument for convenience. When an original of this
Agreement is executed by a party, which transmits a copy of the signed document to the other
party, by facsimile transmission or by scanning and emailing the document, it shall be deemed
delivered just as if an original executed counterpart had been delivered. Copies of signatures to
this Agreement are effective as original signatures.
(i) No Recording. Neither party hereto may file this Agreement or any memorandum
or notice of this Agreement in any public records. If, however, either party does record this
Agreement or a memorandum or notice,the other party may terminate this Agreement and record
a notice of termination without the joinder of the party who so recorded this Agreement or a
memorandum or notice.
(j) Attorneys' Fees. If any controversy, claim, or dispute arises relating to this
Agreement or its breach, the prevailing party shall be entitled to recover from the other party
reasonable attorneys' fees, expenses and costs.
IN WITNESS WHEREOF,this Agreement is executed to be effective as of the Effective Date.
2631 BISSONNET LLC, a Texas limited liability company
By:
Name: Geor:r"antikos
Title: Managing Member
Page 4
JERMAR COMPANY`.C., : exas limited liability company
By: .1
Name: '.ury •uben' 'n
Title: Member
By: 6' /'
Name: erry Rubenstein
Title: Member
Page 5
� I
FILED FOR RECORD
3:00:51 PM
i
Wednesday, May 22, 2019
4g-f4e-e_ _,e
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 t (6 Q.Wednesday, May 22, 2019 C"; COUNTY CLERK
°. 1, HARRIS COUNTY, TEXAS