HomeMy WebLinkAbout11182004 ZBA Decision N
)11r° City of West UniversityPlace O1
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A Neighborhood City
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Form ZON-201 dec granting variance,12-04
Zoning Board of Adjustment
955
City of West University Place, Texas ("City") 5 300662142
( Y ) 07.271r?S $18.00
Docket No:04-15 (5)
DECISION GRANTING A VARIANCE
Address of building site: 2612 Wroxton Road, West University Place, Texas
77005
Legal description of the building site: Lots (1) through Nine (9) in Block One (1)
of Wroxton Square in Harris County Texas, according to the map or
plat thereof recorded under film Code No. 516 176 of the map records
of Harris County, Texas .
Applicant: Thomir Martinov
l"r Decision or Action Requested: Applicant requests a variance to allow Height of
4110
building to modestly exceed 36 .29 feet .
Notice, Hearing, Determinations, Vote:
(X) Notice of hearing was given by: mail and on-site posting, in accordance with Article
11 of the Zoning Ordinance, by Sallye A. Clark, Secretary of the Board of
the City.
(X) Hearing was held on November 18 , 2 0 04 .
(X) Required findings and determinations have been made by the ZBA as follows: (1) due to
special conditions, a literal enforcement of the Zoning Ordinance
provision identified below would result in unnecessary hardship,
(ii) by granting this variance, the spirit of the ordinance is
observed and substantial justice is done, and (iii) this variance
is not contrary to public interest .
(X) Additional findings and determinations (if any) have been made, as follows: N/A
(X) The vote was: 4; for, 1 against this decision.
Decision of the Zoning Board of Adjustment granting variance(subject to all applicable appeals):
Under and subject to the City's Zoning Ordinance and applicable law, a variance from (identify the exact
provision)Article 7, Table 7-4b:Principal buildings, Height, maximum. , of
the Zoning Ordinance is granted for the site identified above subject to the following:
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VARIANCE, Page 1
3800 University Boulevard • West University Place, Texas 77005-2899 • 713.668.4441 • www.westu.org
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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
90TH 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. NEITHER ADDITIONAL
NOTICE NOR HEARING IS REQUIRED FOR GRANTING A TIME EXTENSION. IF ANY WORK
4 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
IDENTIFIED ABOVE. IT DOES NOT APPLY TO OR AFFECT: (A) OTHER
REQUIREMENTS(SUCH AS, FOR EXAMPLE, REGULATIONS SITES, BUILDINGS AND
I. 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.
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VARIANCE, Page 2
' Effective Date&Appeals: Subject to any applicable appeals, this decision takes effect on the date it is
filed in the Board's office (cio 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
0 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.
Nn PROYISIOM wHal RESTRICTS 1}E SALE.RENIAI,OR USE Of TIE DESI7tE RF 1
PROPERI �fJdISE OF COLOR DR RACE IS INVALID AND UENFORCEABIE UI(ER EEDERI&UW.
ZONING BOARD OF ADJUSTMENT, THE STATE OF TEXfyS
COUNTY OF HARRIS,
CIT OF WEST UNIVERSITY PLACE, TEXAS I^ereb� �'"'�"'�"nere«oy mea�n�a��as ouh RE °•"
ett.
dab and ri h s�nP�
By: / tlit,
OfficialPUblk Records of Real Property of Harns County,Texas on
JUL 2 7 2005
Presiding 0 3 er, Zoning Board of Adjustment ,_`1
, --,. 4
STATE OF TEXAS . ,a *F. COUNTY CLERK
HARRIS COUNRTY.TEXAS
COUNTY OF HARRIS
Th) ipprupwt was acknowledged before me on 1 .6 (date) by
r l 1 Cur. _U (name) as Presiding Officer of the Z ing oard of Adjustment of the
City of West Univei4ty Place, Texas.
N
*:��'% SALLYE A.CLARK
' • MY COMMISSION EXPIRES
; MAY !8,2006
(SEAL) (IBLvdz
VW My commission expires: 5 Presid
1 Notary blit
a)
1 This instrument was filed in the Board's office on 0)/‘ ' 0C) , and, if a mailing list is
attached, copies were mailed to the persons on the list on (N/A)44
By: Oaci/t /C-- --C,=2 "Le
Name: meS i ik,A, •5T,°SNQ
Title:. atitz_t (.9.✓1✓l,„_-6,—
After recording return to:
Sallye A. Clark
Secretary, Zoning Board of Adjustment
‘ City of West University Place
3826 Amherst Street L.
Houston, Texas 77005
(Phone#: 713-662-5843) ~r,
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VARIANCE, Page 3