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Home My WebLink About07232020 ZBA Decision (3) RP- ',I-Y-7.0-435509 09/16/2020 Rf`i #26.00 Zoning Board of Adjustment City (, City of West University Place,Texas ("City") West University Place Docket No. 2020-0009 DECISION TO GRANT A SPECIAL EXCEPTION Address of building site: 3636 Rice Blvd, West University Place, TX Legal description of the building site: .98 acres out of Lot 2 of the Morse Subdivision of the A.C. Reynolds Survey, West University Place,Harris County,Texas ## Applicant: T/H Land Holdings,Ltd. i� Qc 3 Decision or Action Requested: Special Exception per Section 12.105 to approve the extension of PNC Status indefinitely for the use of the area for the primary purpose of parking related to the business uses located on the adjacent property to the south(the former JMH Building). Notice,Hearing,Findings, Vote: (X) Notice of hearing was given by: regular mail and by posting on-site in accordance with Article 11 of the Zoning Ordinance,by Clay Chew, of the City of West University Place,Texas. (X) Hearing was held on: July 23,2020 (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 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 125.105 to approve the reinstatement of PNC status for a period of 25 years from September 13, 2020, with the stipulation that the parking lot could be used for the primary purpose of parking related to the business use located on the adjacent property to the south(former JMH Building). Other Provisions: THIS DECISION SHOULD 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 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 Pagelof3 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 BOARD OF ADJUSTMENT, CITY OF ip IVERSITY PLE, TEXAS By: I,. — _ _ _-- A Name: teven Segal L / Presiding Officer,Zoning Board of Adjustment Page 2 of 3 STATE OF TEXAS COUNTY OF HARRIS g \ � � ) y�- e10(2� cS Q This instrument was acknowledged before me on � (date)b (name)as Presiding Officer of the Zoning Board of Adjustment of the City of West University Place,Texas. JOSE MMII HAYES 1 ` Notary 10.0 123151i4 ► 1 Lim My CoMmiss on Expires 4 1 .,, June 22,2021 ` (SEAL) .a. \ Q ` 1 „` ' My commission expires: "� ��\ \ Q v��"C AA-CN-6 Notary Public c -1 This instrument was filed in the Board's office ona-r\ CF 1 - - and, if a mailing list is attached, copies were mailed to the persons on the list on (N/A). By: )-(33\ Q M., Atiq CS Name:Josie M Hayes Title:Administrative Coordinator After recording return to: Ay Secretary,Zoning Board of AdjustmAt City of West University Place 3826 Amherst Street Houston,Texas 77005 Phone: 713-662-5843 Page 3 of 3 FILED FOR RECORD 10:23:11 AM Wednesday, September 16, 2020 �•r i I, 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, September 16, 2020 i MSI COUNTY CLERK HARRIS COUNTY, TEXAS