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Home My WebLink About07282022 ZBA Decision (2) . Li 0 City or RP--2022-408558 08/11.3/2022 RPI $30.00 West University I\ Place Zoning Board of Adjustment CCity of West University Place, Texas L5 FINAL DECISION TO APPROVE A REQUEST FOR A SPECIAL EXCEPTION 1 AND THREE VARIANCES Docket No: 2022-0008 and 2022-0009 Address of building site/property: 3323 and 3315 Bissonnet St., Houston, TX 77005 Legal description of the Property: TRACT lA BLK 90 WEST UNIVERSITY PLACE SEC 2; TRACT IB BL 90 WEST UNIVERSITY PLACE SEC 2, Harris County, TX AA Applicant: St. Andrews Presbyterian Church I 1Q�,, Decision or Action Requested: The Applicant requests one special exception to a construct childcare/day care/ pre-school (daycare) in a SF-1 District at the building site. Zoning Ordinance, Section 7-101, Table 7-1. The Applicant also requests three variances: Variance 1: Front Setback variance on Westchester Avenue: to permit a 20' setback where a 30' setback is required. Table 7-2. Variance 2: Street side-yard setback on Bissonnet Street: to permit a 15' setback where a 17.5' setback required. Table 7-2. Variance 3: Pervious area requirement for the yard abutting Rutgers. To permit 31% front yard pervious area where 50% is required. Table 7-3. 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) Special Exception - The ZBA finds that: The terms of the Zoning Ordinance authorize the Board to hear and decide the Applicant's request for a special exception. Table 7-1 provides, in part, that the ZBA may issue a special exception for a high-density occupancy in a SF District if it finds and determines that the occupancy is a use that is i) accessory to a lawful primary use, and ii)the use is reasonably compatible with nearby sites. See Table 7-1, Note 1. A place of worship is a lawful primary use in a SF District. 1 A high-density occupancy means a building or structure for gatherings described in Subsections A-1 ► through A-5 of the ICC Building Code, which includes buildings and structures used for religious functions, including certain accessory religious educational rooms, auditoriums and recreation uses. The proposed childcare use is an accessory use to the place of worship. The Applicant's request for a special exception to construct a daycare facility on the building site will not cause a significant increase in on-street parking, will not cause traffic congestion, will not cause a substantial increase in traffic, and will not cause an unreasonable burden upon utility systems or upon any public facility or public service; The request is in harmony with the general purpose and intent of the Zoning Ordinance. (X) Variance Request—The ZBA finds that: Table 7-2 provides minimum setbacks for required front and street side yards. Table 7-3 provides a minimum pervious area requirement for front yards. The ZBA may authorize in specific cases a variance from the terms of the Zoning Ordinance if: a. the variance is not contrary to the public interest; and, b. due to special conditions, a literal enforcement of the Zoning Ordinance would result in unnecessary hardship; and c. the variance granted is consistent with the spirit of the Zoning Ordinance and provides for substantial justice. In considering hardship, the Board may consider whether the Zoning Ordinance applies to a non-conforming structure. Variances 1, 2, and 3 are not contrary to the public interest. Due to special conditions, including the configuration and shape of the building site, the site's location abutting three streets, the existing structures (including the parking lot) on the site, and the existing play area to be maintained, the literal enforcement of the Zoning Ordinance would result in unnecessary hardship on the Applicant. The granting of Variances 1, 2 and 3 is consistent with the spirit of the Zoning Ordinance, and provides for substantial justice. 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, 1. The Applicant's request for special exception to use the building site for a childcare/daycare/pre-school facility is approved. 2. The Applicant's request for the following variances are approved: Variance 1: A 20' front Setback on Westchester Avenue is required. Variance 2: A 15' interior side yard setback is required. 2 .Variance 3: A 31% front yard pervious area is required. B. This special exception and the variances granted above are each subject to the following conditions and reservations: 1. The building site shall be developed, and the buildings and structures placed thereon shall be constructed, as provided in the architectural renderings, plans and documents previously submitted to the Board in the Application. 2. 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. C. 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 T UN RSI PLACE, TEXAS By: /17 . Ros Fava Presiding Officer, Zoning Board of Adjustment 3 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. 4.iV..v6i P''' MICHAEL WAYNE MORRIS it' :b:Notary Public,State of Texas ` +4s Comm.Expires 08-04-2025 �''u,o,;,%0% Notary ID 129491290 (SEAL) My commission expires: Notary Public This instrument was filed in the Board's office on August 8, 2022; By: )\Q I1'\. 1--}‘Q$12. Name:Josie M Hayes Title:Administrative Coordinator After recording,please return to: Secretary,Zoning Board of Adjustments City of West University Place J/ 3826 Amherst St. Houston,TX 77005 (Phone: 713-662-5843) 4 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 8 Nt„..,Pr' #14dX., COUNTY CLERK '90 HARRIS COUNTY, TEXAS Delivery of Decision: The undersigned personally delivered a copy of the foregoing Final Decision of the Board of Adjustment in Docket No. 2022-0008 and 2022-0009 to Applicant this ay of - , 2022. DELIVERED BY: Pri ted Name RW Pe i YY) Title 4