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Home My WebLink About03232023 ZBA Decision Li 1U1t1t 0 RP----)023-14-74: 6 04/26/2023 RP1 ?34.1JU 4 City of West University ZONING BOARD OF ADJUSTMENT Place CITY OF WEST UNIVERSITY PLACE, TEXAS FINAL DECISION TO GRANT A REQUEST FOR A VARIANCE(S) Docket No: 2023-0002 Address of building site/property: 3410 and 3416 Sunset Drive, Houston, TX 77005. Legal description of the Property: A LOT Five-A (5-A) and the East 1.3 feet of LOT Five-B (5-B), in BLOCK Eighty-six (86), of WEST UNIVERSITY PARK, Replatting of First and Second additions of 1) WEST UNIVERSITY PLACE, an addition in Harris County, Texas, according to the map or plat thereof, recorded in Volume 9, Page 13, of the Map Records of Harris County, Texas, and as reflected in a General Warranty Deed from Max L. Lukens and wife, Christine S. Lukens to Dudek Holdings, LP, dated 09/16/2016 and filed at Harris County Official Public Records RP-2015-416547; and The East one-half (E. '/2) of Lot Four-B (4-B) and the West 47.5 Feet of Lot Five-B (5-B), in Block Eighty-Six (68), of West University Place Park, Replatting of First and Second additions of West University Place, an addition in Harris County, Texas, according to the map or plat thereof, recorded in Volume 9, Page 13, of the Map Records of Harris County, Texas, and as reflected in a General Warranty Deed from Max L. Lukens and wife, Christine S. Lukens to SUNSET SCOUT LLC, dated 09/16/2016 and filed at Harris County Official Public Records RP-2016-417626. ee Applicant: RICHARD E. DUDEK, and wife JANE DUDEK (DUDEK HOLDINGS, LP and SUNSET SCOUT LLC). Decision or Action Requested: The Applicant requests a variance to the City's Zoning Ordinance, Appendix A of the CITY OF WEST UNIVERSITY PLACE CODE OF ORDINANCES, Article 7, Table 7-2, Yards (or `setbacks'), to allow an interior side yard setback of 10.208 (10.208') feet where a 12.25 (12.25') feet setback is required of the Property. 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 the Zoning Officials of the City of West University Place, Texas. (X) The Hearing was held on: MARCH 23, 2023. 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 Zoning Board of Adjustment finds that: 1) the Applicant's request for variances is not contrary to the public interest because, among other things, it provides for adequate air and light; prevents the overcrowding of land, and promotes the general welfare. 1 2) the Applicant's request for variance is justified by a special condition, the presence of large trees on the site which can be preserved as part of the community's urban forest; 3) the Applicant's request for variance is needed to avoid unnecessary hardship in the use of the Property by the Applicant; and 4)the Applicant's hardship is not self-imposed, and 5)the Applicant's request for variance is in keeping with the spirit of the Zoning Ordinance. ( ) Additional findings (if any): Decision of the Zoning Board of Adjustment approving and granting the request for a variance (subject to all applicable appeals): After hearing the evidence, presentation and comments of all concerned, the Board of Adjustment voted to authorize the variance to the City's Zoning Ordinance, Appendix A of the CITY OF WEST UNIVERSITY PLACE CODE OF ORDINANCES, Article 7, Table 7-2, Yards (or `setbacks'), to allow an interior side yard setback of 10.208 (10.208') feet where a 12.25 (12.25') feet setback is required. Conditions of the Variance: 1) The buildings constructed on the site shall be placed in accordance with the site plan filed with the application for variance ("Site Plan A101"). 2) The Zoning Administrator is directed to file this Final Decision with the Harris County Clerk. 3) Other: N/A 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. A motion to approve and grant the requested variance and adopt this decision was made by Owen Rutz and seconded by Lawrence Foust. THE BOARD'S VOTE TO DENY THE VARIANCE(S) REQUESTED BY APPLICANT WAS. Member: ROSS FAVA FOR Member: LAWRENCE FOUST FOR Member: OWEN RUTZ FOR Member: FRANK MONACELLI FOR Member: FRANCOIS DAUBE FOR 2 [Alternate Members: Michael Tucker] Accordingly, the Motion to Deny the Variances having received the support of two or more members of the Board, the variance requests of the Applicant are denied. ZONING BOARD OF ADJUSTMENT, CITY OFAO U► ERS PLACE, TEXAS By. 'art/ Ros Fava Presiding Officer, Zoning Board of Adjustor t STATE OF TEXAS COUNTY OF HARRIS This instrument was acknowledged before me on March 23, 2023 by Ross Fava as Presiding Officer of the Zoning Board of Adju t• -• • • - - rsity Place, Texas. JOSIE M. HAYES 20L"=Notary Public.State of Texas Comm.Expires 06-22-2025 ;.` Notary ID 12375814 (SEAL) My commission expires: �1a` �' 4 Notary Public This instrument was filed in the Board's office on March 23, 2023. By: *)\ 4-c46 Name: Josie M Hayes Title:Administrative Coordinator After recording-,please return to: J Secretary,Zoning Board of Adjustments City of West University Place RECORDER'S MEMORANDUM. 3826 Amherst St. At the time of recordatfor ethis st pho e r8Pc er producction because of illegibility, carbon or Houston,TX 77005 discolored paper,etc.Alf b{OCkOuts, photo copy, (Phone: 713-662-5843) additions and changes were present at the time the instrument was filed and recorded. 3 I I I .t.) I I ,0 co I Ir I I 1 I i 1 1 i 1 .. 1 . ' --—------r—--—i. L., i I i 1 I I 12 25' B L - • ..A.mo•-firs.o-t I t 1., —•—•—• .-4•— I I I I ---n1q7:, , g•ral—,. .,. .,7 e I 1 I " '141pi ...... v. .„ !) I I 'F 1 ,..,,,,,:,-.4.*, ..., l• I I --., . i , 1 ,- „- I. ii „- ---.. .../ ••••,/ N r It 1\ ao il 2 2 t 9-1 I a 5 I )3 ti L :II N 2 1 , 0 m 7) . rt•P a ‘ 4 m Q 0 0 r n i u lit . r t 1 0 (il°l 11111 \ 11111 (R ,11 I I • 41 '• FR i •, RI a 1 v. ,.„ 1 i 11 ' , • • '-' - ' e, , i ig I , . -a i I , _ ui 2-1 25' B L Is3 I 1 li i l ^+-— cl, — 1 I I 1 I 1 I I I I I I I I I I I I I I I I ,i 11 tf Pr, I f 1; $. 1) DUDEK RESIDENCE ., .1 1E: 3 341 , pti ' ie, 3410/3416 SUNSET BLVD. WEST UNIVERSITY PLACE 77005 i t tilE*711 FILED FOR RECORD 8:26:45 AM Wednesday, April 26, 2023 ;ezdiogg 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, April 26, 2023 VIA oj '� COUNTY CLERK HARRIS COUNTY, TEXAS