HomeMy WebLinkAbout06242021 ZBA Decision ,� )1
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0 City Of
West University
Place Public Works Department
Zoning Board of Adjustment
City of West University Place,Texas("City")
Docket No. 2021-0011
DECISION TO GRANT A SPECIAL EXCEPTION
Address of building site: 5402 Buffalo Speedway, West University Place, Texas 77005
Legal description of the building site: Lot 3, Block 88 of West University Place Sec. 2, Harris County, Texas
Applicant: Scott&Tara MacLaren pl
Date of Application: June 3, 2021
Decision or Action Requested: Request a special exception to Section 70-27(b) 2(d) to allow a curb cut for a circular
driveway to be on a side street line instead of both on the front street line.
Notice,Hearing,Findings, Vote:
(X) Notice of hearing was given by: regular mail and by posting on-site in accordance with Article 11 of the Zoning
Ordinance, by Clay Chew,of the City of West University Place,Texas, and posting more than 72 hours in advance as
required by the Texas Open Meetings Act, Tex. Gov't Code Ch. 551. The ZBA finds that a reasonable time and
public notice was provided for the hearing.
(X) Hearing was held on: June 24,2021
(X) Required determinations have been made by the ZBA as follows: (i) the proposed special exception will not
cause any increase in on-street parking; (ii) the proposed special exception will not cause any substantial traffic
congestion; (iii) the proposed special exception will not cause any substantial increase in traffic; (iv) the proposed
special exception will not cause an unreasonable burden upon utility systems or upon any other public facility or
public service; (v) the proposed special exception is consistent with--and in harmony with--the general purpose and
intent of the Zoning Ordinance.
(X) Special determinations have been made by the ZBA as follows: The special exception will not cause any increase
in on-street parking.
(X) The vote was: 5 for; 0 opposed, to this decision. The ZBA finds that it decided this appeal within a reasonable time
after the application was made to the ZBA, and at its next meeting after the application was made and notice
provided,and not later than the 60th day after the application was filed.
Decision of the Zoning Board of Adjustment granting special exception (subject to all applicable appeals):Allow a curb
cut for a circular driveway to be on a side street line instead of both on the front street line.
Other Provisions:
1. THIS DECISION SHOULD BE RECORDED IN THE HARRIS COUNTY REAL PROPERTY RECORDS, AND THE
COST MUST BE PAID BY THE APPLICANT.
3826 Amherst St. www.westutx.gov
West University Place, TX 77005
713-662-5830
City of
West University
Place Public Works Department
2. UNLESS OTHERWISE SPECIFIED IN THIS DECISION, ALL PERMITS REQUIRED FOR THE WORK
CONTEMPLATED BY THIS DECISION MUST BE APPLIED FOR ON OR BEFORE THE 180TH 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 EFFECTIVE DATE OF THIS DECISION. ONE EXTENSION OF A 180-DAY TIME PERIOD IN THIS DECISION
MAY BE GRANTED BY THE ADMINISTRATIVE OFFICIAL. NEITHER ADDITIONAL NOTICE NOR HEARING IS
REQUIRED FOR GRANTING A TIME EXTENSION. IF ANY STEP IS NOT ACHIEVED WITHIN A PRESCRIBED
TIME PERIOD---AND IF NO TIME EXTENSION IS GRANTED—THE WORK IS NO LONGER AUTHORIZED, AND
THIS DECISION BECOMES SUBJECT TO REVERSAL OR MODIFICATION BY THE BOARD WITHOUT
ADDITIONAL NOTICE OR HEARING.
3. 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 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.
4. 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.
5. 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.
6. 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.
Effective Date & Administrative Remedies: The ZBA orders its chairman to file its written decision in the Board's office.
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), unless otherwise indicated above. 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. Any petition for judicial review of this decision must be presented within 10 days after the date this decision is filed in
the Board's office. The rules of the Board allow re-hearings in certain circumstances. As additional administrative remedies:
(1)the permittee/applicant may 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.
3826 Amherst St. www.westutx.gov
West University Place, TX 77005
713-662-5830
0 City of
West University
Place Public Works Department
All plans, documents and letters contained in the City's files and submitted at the hearing regarding this matter were made a
part of the record of the hearing.
ZONING BO. ' i OF ADJUSTMENT, r r-
01 LI
CITY OF :T UNIVERSITY Po CE,TEXAS I
By: y,..d.
Name: Steven Segal f
Presiding Officer,Zoning Board of Adjustment
STATE OF TEXAS
COUNTY OF HARRIS
This instrument was acknowledged before me on June 25, 2021 (date) by Steven Segal (name) as Presiding Officer of the
Zonin Board of Adjustment of the City of West University Place,Texas.
44ugh JOSIE M. HAYES
-aYNotary Public, State of Texas
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My commission expires:
Notary Public
This instrument was filed in the Board's office on June 25, 2021, and, if a mailing list is attached, copies were mailed to the
persons on the list on (N/A).
By: )3G Q M. .46fs
Name:Josie M. Hayes
n/ Title:Administrative Coordinator
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After recording return to:
Secretary,Zoning Board of Adjustment
City of West University Place
3826 Amherst Street
Houston,Texas 77005
Phone: 713-662-5843
3826 Amherst St. www.westutx.gov
West University Place, TX 77005
713-662-5830
FILED FOR RECORD
8:28:06 AM
Tuesday, June 29, 2021
-11f6-1 #141,614
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
Tuesday, June 29, 2021
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`� JCOUNTY CLERK
HARRIS COUNTY, TEXAS