HomeMy WebLinkAbout07282022 ZBA Decision 0 RP--21_122---4ns55 7:
1 (L ay of 118/10/2022 RF'i. 26.00
Wiest University
Place Zoning Board of Adjustment
City of West University Place, Texas
&' FINAL DECISION TO APPROVE A REQUEST FOR A SPECIAL EXCEPTION
SDocket No: 2022-0007
Address of building site/property: 5706 Kirby Dr, Houston, TX 77005
Legal description of the Property: TR B BLK 4, Harris, County, TX
Applicant: BancorpSouth Bank 91"
Decision or Action Requested: The applicant requested a special exception to Appendix A, Article 7, Section 7-
101, Regulations, tables, etc., Table 7-1; Uses to allow for the construction of a 1,700 SF banking center with two
drive-throughs serving as access to the proposed bank's interactive teller(ITM) machines.
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 Brian Hunt, Building Official, City of West
University Place, Texas.
(X) The Hearing was held on July 28, 2022. 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: The terms of the Zoning Ordinance authorize the Board to hear and decide this
request for special exception.
(X) The location and design of the parking and maneuvering area will not unreasonably interfere with available
light and air, and will not significantly alter access for fire-fighting and similar needs.
(X) Additional findings (if any):
1. The location and design of the driveways and maneuvering areas proposed by the Applicant will not
unreasonably interfere with available light and air on the Property or on adjacent properties.
2. The location and design of the driveways and maneuvering areas proposed by the Applicant will not
significantly alter access for fire-fighting and similar needs.
3. The Applicant's request is in harmony with the general purpose and intent of the Zoning Ordinance.
4. The Applicant's request will not cause any significant increase in on-street parking or traffic,traffic congestion or
an unreasonable burden upon public utilities or services.
Decision of the Zoning Board of Adjustment granting the special exception (subject to all applicable appeals):
A. After hearing the evidence, presentation and comments of all concerned, the Board of Adjustment voted to
approve the special exception request by Applicant to allow for the construction of a 1,700 SF banking center with
two drive-throughs serving as access to the proposed bank's interactive teller(ITM)machines.
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B. This special exception is granted subject to the following conditions and reservations:
C. The parking area shall be constructed in accordance with the Application and the plans submitted with the
Application of the Applicant, and all outdoor lighting for the parking area shall be shielded so that substantially all
emitted light falls within the property lines of the property from which the light emanates. No driveway entrance
or exit from Robinhood Street shall be allowed.
D. 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: FIVE for, and NONE opposed, to this decision.
Member: Ross Fava, Presiding Officer FOR
Member: Jay Cohen FOR
Member: Lawrence Foust FOR
Member: Owen Rutz FOR
Member: Frank Monacelli FOR
ZONING BOARD OF ADJUSTMENT,
CITY OF ,,Lf ST U RSITY PLACE, TEXAS
�' r7
BY: ii/L
Ross ava
Presiding Officer, Zoning Board of Adjustment
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STATE OF TEXAS
COUNTY OF HARRIS
This instrument was acknowledged before me on August 8, 2022 by Ross Fava as Presiding Officer of the Zoning
Board of Adjustments of the City of West University Place, Texas.
• 1•1/ 0111, MICHAEL WAYNE MORRIS
Zo�•:. Notary Public,State of Texas
So". +� Comm.Expires 08-04-2025
"4,?,;4, `F..�� Notary ID 129491290
(SEAL)
My commission expires: L- -Z
Notary Public
This instrument was filed in the Board's office on August 8, 2022.
By: \l v '\,(2. or\. 4c\*Q5
Name:Josie M Hayes
Title:Administrative Coordinator
After recording,please return to:
Secretary,Zoning Board of Adjustments
City of West University Place
3826 Amherst St. f✓
Houston,TX 77005
(Phone: 713-662-5843)
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Delivery of Decision:
The undersigned personally delivered a copy of the foregoing Final Decision of the Board of Adjustment
in Docket No. 2022-0007 to Applicant this \ ‘r\ day of .0%..)6 , -"t"- , 2022.
DELIVERED BY: Q 1 `
)1(Y-.5\ 1 ' \r �V
` J
Printed Name
k.)L) ‘ O'iNCNVO COYCk\N)CA-Or—
Title
RECORDER'S MEMORANDUM:
At the time of recordation, this instrument was
found to be inadequate for the best photographic
reproduction because of illegibility, carbon or
photo copy,discolored paper,etc,All blockouts,
additions and changes were present at the time
the instrument was filed and recorded.
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FILED FOR RECORD
8:16:07 AM
Wednesday, August 10, 2022
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
Wednesday, August 10, 2022
iocil A Rio,
4,60ek
'96COUNTY CLERK
•� HARRIS COUNTY, TEXAS