HomeMy WebLinkAbout11182004 ZBA Decision (8) City of West University Place
A Neighborhood City
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Form ZON-201 dec granting variance, 12-04\c6 Zoning Board of Adjustment
City of West University Place, Texas ("City")
Docket No:04-15 (1) 07/27'05Y,S. ..1 �,,8
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DECISION GRANTING A VARIANCE
Address of building site: 2626 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: Wroxton Square Partners, L. P.
Decision or Action Requested: Applicant requests a variance to allow Height of
building to modestly exceed 35 . 89 feet .
Notice, Hearing, Determinations, Vote:
44 (X) Notice of hearing was given by: mail and on-site posting, in accordance with Article
11 of the Zoning Ordinance, by Sal lye 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: (i) 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
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
4111) 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
4,0 AND EASEMENTS). THE APPLICANT MUST SEPARATELY APPLY FOR AND RECEIVE
171 APPROPRIATE PERMISSIONS FROM THE BUILDING& STANDARDS COMMISSION, THE
CITY COUNCIL OR OTHER BODIES THAT MAY HAVE AUTHORITY TO ACT ON SUCH
REQUIREMENTS.
13)
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
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 tIF WEST IVERSITY PLACE, TEXAS
By: A1/4
Presiding • •t •r, Zoning Board of Adjustment
STATE OF TEXAS
COUNTY OF HARRIS �
This instrume acknowledged before me on ' 0-S (date) by
) I
afK_ W
was acnow (name) as Presiding Officer of the Z pbQing oard of Adjustment of the
City of West Univers Place, Texas.
SALLYE A.CLARK
-`= MY COMMISSION EXPIRES '
MAY 18,2006
io (SEAL)
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My commission expires: 5j1 Q(� Oio , /
f /
Notary Public
741
, and, ifa mailinglist is
This instrument was filed in the Board's office on �1�� (� �
1 ) attached, copies were mailed to the persons on the list on (N/A)
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BY:
1
Name: 5()�v e,sW5
IM�=, Title:. 34,...1 (�
After recording return to:
Sallye A. Clark 17t
Secretary, Zoning Board of Adjustment NI1'PROy S1)1EAEII 11M0 RESTRICTS TIE SAIF.RENTAL OR USE Of TIE DESCRIED REAL
City of West University Place PRTTI IT°EE o°ice OR�IS I Yuq IC ANE1FORCEA&E UNDER FEOEKK t W
3826 Amherst Street COUNTY OF HARRIS
I hereby wail tat this instrument was FILED xi File Number Sequence on the
Houston, Texas 77005 dale and al the bme stamped hereon by me,and was duty RECORDED In the tj w
Official Public Records of Real Properly of Hams County,Texas on
(Phone#: 713-662-5843)
JUL 2 7 2005
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174 z
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o� * X11 COUNTY CLERK Uta
HARRIS COUNTY,TEXAS
VARIANCE, Page 3 C1