HomeMy WebLinkAbout04222021 ZBA Variance City of
West University
Place Zoning Board of Adjustment
City of West University Place, Texas
FINAL DECISION TO DENY A VARIANCE
Docket No: 2021-0005
Address of building site/property: 3223 Tangley St., Houston, TX 77005.
Legal description of the property: Lot 1A Block 68 West University Place Sec. 2, Harris County, Texas.
Applicant: Justin E. Bennett.
Decision or Action Requested: The applicant requests a variance from Article 7, Section 7-101 Table 7-3 Open
and Pervious Areas to reduce the required 60% open area in the rear yard to 54%.
Notice,Hearing, Findings, Vote:
(X) Notice of hearing was given by: regular mail (to nearby property owners) and by posting on-site in
accordance with Article 11 of the Zoning Ordinance, by Clay Chew, Building Official, City of West
University Place, Texas.
(X) Hearing was held on: April 22, 2021.
(X) Motion to approve the variance, the vote was: 0 for; 5 opposed, motion did not carry and request is denied.
The board members voting to deny the variance request were Steven Segal (Chair), Donald Yurewicz,
Edward Nikonowicz, Janet Parisi and Jay Cohen.
Decision of the Zoning Board of Adjustment denying a variance request (subject to all applicable appeals):
Under and subject to the City's Zoning Ordinance and applicable law, a variance from Article 7, Section 7-101
Table 7-3 Open and Pervious Areas to reduce the required 60% open area in the rear yard to 54% as identified
above is denied. After hearing the evidence,presentation and comments of all concerned, the Board of Adjustment
voted to deny the application for the variance to the rear yard open area variance request.
The Board finds that 1) the Applicant's request for variance is contrary to the public interest; 2) the Applicant's
request for variance is not justified by any special conditions or prior use of the property; 3) the Applicant's
request for variance is not needed to avoid unnecessary hardship in the use of the property by the Applicant; 4) the
Applicant's hardship, if any, is self-imposed; and 5) the Applicant's request for variance is not in keeping with the
spirit of the Zoning Ordinance.
Other Provisions:
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.
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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. 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. As additional administrative
remedies: (1) the permittee/applicant may be 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.
All plans, documents, and letters contained in the City's files and submitted at the hearing regarding this matter are
made a part of the record of this hearing.
ZONING BOARD OF ADJUSTMENT,
CITY OF WEST UNIVERSITY PLACE, TEXAS
By: 44.
Steven -gal 4214
Presiding Officer, Zoning Board of Adjustment
ry.
This instrument was filed in the Board's office on 1 1 ` C , 2021.
By: \)C \-Q 40\i-e3
Name:
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Name:Josie M Hayes
Title:Administrative Coordinator
Delivery of Decision:
The undersigned personally delivered a copy of the foregoing Decision of the Board of Adjustment to
Applicant this day of cr1 \ , 2021 .
DELIVERED BY:
,V\ Q. \`1'\. \Cry eiS
Printed Name
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Title
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