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HomeMy WebLinkAbout11182004 ZBA Decision (6) Cityof West UniversityPlace b'2 ", 11) A Neighborhood City ® Recycled Paper Form ZON-201 dec granting variance,12-04 Zoning Board of Adjustment City of West University Place, Texas ("City") }7`:':`1.Y.6 1 9."� $18.00 Docket No:04-15 (2) DECISION GRANTING A VARIANCE Address of building site: 2622 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 . rUF Applicant: Wroxton Square Partners, L. P. Decision or Action Requested: Applicant requests a variance to allow Height of cc. building to modestly exceed 35 . 78 feet . Notice,Hearing, Determinations, Vote: (X) Notice of hearing was given by: mail and on-sit e posting, in accordance with Article did 1.1 of the Zoning Ordinance, by Sallye A. Clark, Secretary of the Board of the City. (X) Hearing was held on November 18 , 2 004 . (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: • VARIANCE, Page 1 3800 University Boulevard • West University Place, Texas 77005-2899 • 713.668.4441 • www.westu.org • 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 t 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 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 111 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. • VARIANCE, Page 2 • A Effective Date&Appeals: Subject to any applicable appeals, this decision takes effect on the date it is 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. ZONING BOARD OF ADJUSTMENT, CITY OF WEST UNIVERSITY PLACE, TEXAS By: Presi s i g Officer, ning Board of Adjustment STATE OF TEXAS COUNTY OF HARRIS I n This i�istru nt was acknowledged before me on lU v (date) by I / 1Q✓l�- � (name) as Presiding Officer of the ning oard of Adjustment of the City of West Uni ity Place, Texas. Es.4"""""'""NSFLYE AC.ARK COMMISSION EXPIRES ) • MAY 18,2006 I � (SEAL) fr1 a_Basi2k/ I I IW My commission expires: 5 ig Notary Public 4 IkII This instrument was filed in the Board's office on '1)0©5 , and, if a mailing list is attached, copies were mailed to the persons on the list on /A) tu�� l�v��JG7 ✓ By. 111 � ����/\7° Name:MfslllivGt4 ,1 S Title:.0t P�4uvt.c- After recording return to: ,/ f Sallye A. Clark ' Aln FROND(BEI 11TI0i RESTRICTS INE SALE,RENTAL OR USE Of DIE DEERE REAL Secretary, Zoning Board of Adjustment RCM E COAOR OR RACE IS INVALID AND UNENfORCEAOLE UNDER FEDERAL WM E OF TEM; City of West University Place COUNTY OF�r�HARRIS da . C 3826 Amherst Street I r y yt this instrument was FILED n File Numbernce on the = b tene�and at the stamped hereon by me,and was duly R DED.In be f Houston, Texas 77005 Official Public Records of Real Property of Harris County,Texas on tV (Phone#: 713-662-5843) 'a JUL 2 7 2005 `oF,4R4jf c� _ c 1110 * .44-$ COUNTY CLERKy O HARRIS COUNTY,TEXAS VARIANCE, Page 3