HomeMy WebLinkAbout03052020 BSC Decision 09/16/2020 RF'l $22.00
West University
Place
Building and Standards Commission
City of West University Place, Texas ("City")
DECISION TO GRANT A VARIANCE
Address of Site: 4151 Bissonnet St. Docket number: 2019-0010
Legal Description of Site: LT A26 BLK 29,WEST UNIVERSITY PLACE SEC C,Harris County,TX 0
Building Permit Number: N/A Permittee/Applicant: Jeffrey D. & Inge Britton
Decision or Action Requested or Proposed: Request for a variance to Article VII Fences, Section 18-202, Prohibition
in Front or Side
Notice, Hearing, Findings. Vote:Variance Granted.
Motion: I make a motion to approve the variance as requested with the following provisions:
(X)Notice given as follows: Notice Posted on March 2,2020 at 5:00 p.m.
(X)Hearing held on: March 5,2020
(X)Permissive Factors: In considering this variance,the BSC took the following into account(if any):
( )The variance will assist in the preservation of historic structures.
( ) The application involves remedial work necessary to bring a structure into compliance with applicable
ordinances.
( )There are other similar circumstances in existence.
(X)Mandatory Factors. In considering this variance,the BSC took all the following into account:
—Whether the applicant made an earnest, good faith effort to comply with the requirement.
—Whether the applicant brought the matter to the attention of the City on his own motion,without intervention or
enforcement action by any City official.
—Whether alternative methods or procedures will achieve the same, or substantially the same, result as literal
compliance with the requirement.
(X)Required Findings. The BSC affirmatively finds all of the following:
X The imposition of the requirement imposes an exceptional hardship upon the applicant.
X No reasonable and feasible method or procedure is currently available to comply with the requirement.
X The imposition of the requirement is unjustified because of good and sufficient cause demonstrated to the
BSC.
X The variance will not introduce or increase any threat to the public health or safety.
X The variance is consistent with the purpose and intent of the ordinance in question.
X The variance will not cause a nuisance and will not unreasonably interfere with the use of nearby property.
X The variance will not cause a fraud to be worked upon the public or any individual.
X The variance will not cause an increase in public expenditures or budgets.
X The variance will not create an irreconcilable conflict with any other ordinance, law,rule or regulation.
(X)Additional Findings: None.
(X}The vote: FOR: Bruce Beneke, James Craig, Muddy McDaniel and Charles Marshall. OPPOSED: Mimi Tsai
ABSTAIN: None. Motion: Variance Granted.
Decision (subject to all applicable appeals): A variance from Article VII Fences, Section 18-202, Prohibition in Front or
Side. The variance is granted to the permittee/applicant to place a fence in the front yard of the building site which is
prohibited in Section 18-202.
This variance is for an indefinite period, unless a temporary period is indicated above. This variance remains subject to
the regulatory jurisdiction of the City and it does not grant any property right or vested right of any kind.
Effective Date&Appeals: This decision takes effect on the date it is filed in the Board's office,unless otherwise indicated
above. Any appeals of this decision are subject to and governed by applicable ordinances and laws.
By: 47Ave-e.
Bruce Beneke, Chair
Building and Standards Commission
State of T as
County of
This instrument was acknowledged before me ontCha�� (z 2Tate) by Bruce Beneke, Chairman
for the Building and Standards Commission.
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NotaryPublic's Signature June 22.2021
(Personalized Seal)
Filed in the Board's office and forwarded to applicant orD r \C.(rCh t ( (Q by: Permit Technician, Lisa
Ray.
After recording return to:
Josie M. Hayes r'
Public Works Department „ F
City of West University Place
3826 Amherst Street
West University Place, Texas 77005-2830
21
FILED FOR RECORD
10:23:11 AM
Wednesday, September 16, 2020
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
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COUNTY CLERK
HARRIS COUNTY, TEXAS