HomeMy WebLinkAbout11182021 ZBA Decision City of
West University
Place Zoning Board of Adjustment
City of West University Place, Texas
FINAL DECISION TO DENY A REQUEST FOR VARIANCES
Docket No: 2021-0023
Address of building site/property: 0 Kirby Dr., Houston, Texas 77005 (three lots at the SW corner of intersection
of Kirby Dr. and Plumb St.).
Legal description of the Property: A tract or parcel of 0.3444 acre(15,000 square feet) of land being all of lots 6,
7, and 8, in block 9 of Preston Place, according to the map or plat thereof recorded under Volume 572,page 318 of
the deed records of Harris County, (H.C.D.R.), Texas.
Applicant: Advance Surveying, Inc. (Marina Damian).
Decision or Action Requested: The applicant is requested three variances to Section 7-101, Table 7-2 Yards of
the Zoning Ordinance to:
1) allow a street side yard of three (3) feet where 10 feet is the minimum required on Plumb St.;
2) to allow a minimum side yard of three where five(5) feet to the adjacent property; and
3) and to allow a minimum of one and a half(1.5) feet for interior lots where five(5) feet is required
(unless constructed with common wall as provided by Note 4.1).
The applicant sought the variances in order to develop three(3) lots in a PDD-TH2 District as four(4)
building sites.
Notice,Hearing, Findings, Vote:
(X) Notice of the 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 Alfonso Acosta, Building Official, City of West
University Place, Texas.
(X) The Hearing was held on: November 18, 2021. 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.
(X) The ZBA finds that:
1)the Applicant's request for variances 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
1
5) the Applicant's request for variance is not in keeping with the spirit of the Zoning Ordinance.
(X) Additional findings:
1) The Applicant's requested variances are inconsistent with the Comprehensive Plan of the City;
2)The Applicant's requested variances, if granted, would adversely affect adjacent properties not owned by
Applicant.
3) The Applicant's request for the side street setback variance, if granted, would be inconsistent with all
other residential development in the City.
4) The Applicant's request for interior property setback variances, if granted, would diminish the City's
emergency fire response in event of a fire.
Decision of the Zoning Board of Adjustment denying the request for variances (subject to all applicable
appeals): After hearing the evidence, presentation and comments of all concerned, the Board of
Adjustment voted to deny the application for three variances to the street side yard, the minimum side yard,
and the interior side yard required by the City's Zoning Ordinance, Appendix A of the Code of Ordinances,
Section 7-101, Table 7-2 Yards.
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.
Effective Date & Administrative Remedies: This decision takes effect on the date it is filed in the Board's office
with the 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.
The vote was: 0 for; 5 opposed to, 0 not voting for the applicant's request for variances:
Member: Jay Cohen OPPOSED TO APPLICANT'S REQUEST
Member: Owen Rutz OPPOSED TO APPLICANT'S REQUEST
Member: Frank Monacelli OPPOSED TO APPLICANT'S REQUEST
Member: Francois Daube OPPOSED TO APPLICANT'S REQUEST
Member: Michael Tucker OPPOSED TO APPLICANT'S REQUEST
As provided in this Final Decision to Deny the Applicant's Request for Variances.
ZONING BOARD OF ADJUSTMENT,
CITY OF WEST UNIVERSITY PLACE, TEXAS
By: )4-
Ross Fava
Presiding Officer, Zoning Board of Adjustment
2
This FINAL DECISION TO DENY A REQUEST FOR VARIANCES was filed in the Board's office on
NOVEMBER 18 , 2021. am- \ �
By: �yNsN� 1l 1 am 1 . A/'C1 '�
Name: Josie M. Hayes
Title:Administrative Coordinator
Delivery of Decision:
The undersigned personally delivered a copy of the foregoing FINAL DECISION TO DENY A
REQUEST FOR VARIANCES in Docket No. 2021-0023 to Applicant this 30TH day of
NOVEMBER , 2021.
DELIVERED BY:
JOSIE M. HAYES
Printed Name
ADMINISTRATIVE COORDINATOR
Title
3