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Home My WebLink AboutBuilding Standards Commission Decisions A - L• ZOIVING BOARD OF ADJUSTMENT City of West University Place, Texas ("City") DECISION TO D~NY A VARIANCE Address of Site: 2812 Amherst Legal Description of Site: Lot 24, Block 12, Rice Court Building Per»zit Number: Perniittee/Applicant: Marjorie B. Offield Decision or Action Requested or Proposed: Request for variance from Article 7, Table 7-6 (Projections Schedule, page u), which would allow the construction of a carport projecting into the required side yard setback. Notice, Hearing, Findings, Vote: (X) Required Notice given by: Mail and on-site posting in accordance with Article 11 by Neslihan Bilir Tesno, Development Coordinator/ Forester City of West University Place (I~ Hearing held on: May 18, 2000 (X) Required statutory findings made: No hardship found • (I~ Additional Findings: None The vote: Frank Billings, Michael Neal , Mark Plagens, Steven Segal and Sue Porretto voted to deny request. Decision of the Zoning Board of Adjustment (subject to all applicable appeals): Under and subject to the City's Zoning Ordinance and applicable law, a variance under Article 11 is denied. Effective Date & Appeals: 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, West University Place, 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, Texas Local Government Code. Under Chapter 211, petidons for judicial review must be presented within 10 days after the date this decision is filed in the Board's office. By: ~- ` ~~ ~ Attested: ~`~ ~~ hairperson, Zoning Board of Adjustment St f Representative, City of West University Place Filed rn t/ie Board's office or~ SEPf'. Z~ . 2000 and copies mailed (see uttached list) on S~~ Z~ . 2000, By; ~° N bt,~ 1 ~ ~~c ~l-E ~.-~ ~ ZO1vING BOARD OF ADJUSTMENT City of West University Place, Texas ("City") DECISION TO DENY A VARIANCE Address of Site: 2812 Amherst Legal Description of Site: Lot 24, Block 12, Rice Court Building Permit Ncunber: PermitteelApplicant: Marjorie B. Offield Decision or Action Requested or Proposed: Request for variance from Article 7, Table 7-6 (Projections Schedule, page ii), which would allow the construction of a carport projecting into the required side yard setback. Notice, Hearing, Findings, Vote: (I~ Required Notice given by: Mail and on-site posting in accordance with Article 11 by Neslihan Bilir Tesno, Development Coordinator/ Forester City of West University Place ~ (X) Hearing held on: May 18, 2000 (X) Required statutory findings made: No hardship found (X) Additional Findings: None The vote: Frank Billings, Michael Neal , Mark Plagens, Steven Segal and Sue Porretto voted to deny request. Decision of tlie Zoning Board of Adjustment (suGject to all applicable appeals): Under and subject to the City's Zflning Ordinance and applicable law, a variance under Article 11 is denied. Effective Date & Appeals: 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 Boulevazd, West University Place, 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, Texas 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. /~ i By: ~~ 1~8-'Vl_~ Attested: ~~~ hairperson, Zoning Board of Adjustment Staff Representative, City of West University Place Filed ' ~ e Board's e n / . 2000 and copies mailed (see attac/1ed list) on 0~ ~ . 2000, By: Zoning Board of Adjustment City of West University Place, Texas ("City") • DECISION TO GRANT A VARIANCE Address ojSite: 3124 Albans Legal description of the Site: Lots 18, Block 3, Monticello Addition Building Permit No: : PermittePJfl pplicant: D. Anthony and Lisa Haines Decision orAction Requested or Proposed: Request for variance for the existing two story garage. Notice, Hearing, Findings, Vote: (X) Required notice given by: Christine Cavalier, Building Secretary (X) Hearing heid on: November 5, l 998 (3~ Required statutory findings made (variance is not contrary to public interest; due to special conditions a literal enforcement of the ordinance would result in unnecessary hardship; spirit of the ordinance is observed; substantial justice is done.) ( ) Additional findings (if any): (X) The vote: Sue Porretto, Michael Neal, Mark Plagens, and David Mannon for, no one against. Decuion of the Zoning Board ofAdjustment (subject to all app[icable appeals): Under and subject to the City's Zoning Ordinance and • applicable law, a variance from APPENDIX Z- Zoning Ordinance Projection Schedule*, Type of Structure, Buildings, of the Zoning Ordinance is granted to the permittee/applicant named above for the site identified above, subject to the following conditions (if any): There shall be no external modifications made to the structure, i.e. window airconditioning units, additional windows, etc. This variance is for an indefinite period unless a temporary period is indicated above. This variance remains subject to the regulatory jurisdiction of the City, and it does not grant any properiy right or vested right of any kind. Effective Date & AppeaLs: This decision takes effect on the date it filed in the Board's office (c% Secretary of the Zoning Board of Adjustment, 3800 universiry 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. Under Chapter 211, petitions for judicial review must be presented within 10 days after the date this decision is filed in the Board's oflice. ~ A~test: ~ w ~ ~ _ , ~'' , Cha' an, For the Zoning Board of Adjustment . Filed in the Board's o~ce on ~,(~Q~ ~ 0 , 19~_, and copies mailed (see mailing list attached) on , 19 , By: ~ Form ZBA-202(04c:1wp51\forms~zba202.54ori~ . Zoning Board of Adjustment Ciry of West ~niversity place, Texas ("City") bECLSION TO DEN'Y A VARIANCE AlldneSS O,f SiIC: 3810 Arnold Street Legaldescriptio~: oJthe silc: LoT 12, Block 6, College View 3rd MICHAEL TALIANCHICH d.b.a. BurldingPen~litNo: N~A Pernri![ee/Applfccnr~: MICHAEL TALIANCHICH, INC. Decision orAcrioir Requested orPraposed: A REQUEST FOR A DETERMINATION FOR A VARIANCE OF "FRAMED AREA" BY DEFINITION CONCERNING ZONING No[iee, Hearrng, Fi~~di~rgs, f~ote: ORDINANCE 4~1493 AS AMENDED (X~ ltequired notice given by: POSTING (MUNICIPAL BLDG & PROPERTY) , MAIL (PROPERTY OWNERS) (~ HCAring held On: DECEMBER 18, 1997 (X ) Ttie vote: pnR FT~ro ~~r. , pL.A . s. SEGAL foC~ NONE ~. against. Decision of l~~e Zoning Boa~ of Adji~stmenl (sabject lo al! aPpJicable qppeals): Under and subject to tho City's Zoning Ordinance a~id applicable law, tho varianco from Section of the Zaning drdinance is DEI~b. Rulings on individua! requined findings (optiorral; a request for /hese individuaJ ruJings m as~ be rimely made): • (1) Reguired ~nding: "variance is not contrary to public interest." () This finding could bo made. {) This finding is impossible. () Unpersuasive proof. () Variance would be contrary to the public interest. ( ) Other: (2) Required Fi,rding: "due to special conditions a literal anforcement of the ordinance would result in annecessary hardsbip." () Positive ~nding could be made. () Positive finding is impossibte. () Unpersuasive proof. () No "special condition" praved. () No hardship proved. { ) Othor: (3) Reguired FlPading: "spirit of the ordinance is observed." () Positive finding cauld be made. () positive finding is impossible. () Unporsuasive proof. () Variance would not observe ~ the spirit oF the ordinance. () Othe~: (4) Requir~d F~nd~ng: "substantial justice is done." () Positive finding could be made. () Positive finding is impossible. (} Unpersuasive proof. () Substantial justice woutd not be done if the variance were granted. () Variance would have adverse impact on others. ( ) Other: ' (S) O~herRequlr~d F~nding (1'f AnyJ: Efjective Date &,4ppeals: 7'his decision takes effect an the date it is filed in the Board's oflfice (c% Secretary of the Zoning Board of Adjustment. 3800 University Boulevard~ Houston, Texas 77005), unless otherwise indicated above. Any appeals of this deeision are subject to and governed by applicable o~dinances and laws, including: thc Zoning Ordinance snd Chapter 211~ Tex. Local Govcrnment Code. Under Chapter 211. petiaons for judicial review must be presented within 10 days aftei~ the date this decision is filed in the Board's of~ice. ~ A ltes~: ~ ~. Chairman, For the 7.oning Board of Adjustment Filed in thE Boa-t~`a office on , 19 , c»rd copies madled (see mmlirig•list attached) on , 19__, BY: From: JAMES l. OOUdHERTY, JR. To: Demis Molm Oate: 8/5/BB Time: 18:23:18 Paye 1 oi 1 ~ Fam~ B~~ 2U~Ci5c:~forms; Building & Slandards Commission ("BSC") Ciiy of V~~est University Pltu~, Te.xas ("City") DECISION OF THE COMMISSION .4ddressofsite: 3102 ALBANS Legul description oftlre site: LOT 23, BLOCK 3, MONTICELLO SUBDIVISION &~ilding °ermrt~`o: 9600402 Permittee/Applicant: ARCHIE & PAM THOMPSON Ordinancel2eference: CODE OF ORDINANCES, ARTICLE 6, SECTION 6-581 (b) (c) Euildir_g ~cral.'sDecisionAction (ijanyJ: N/A IVotice. Hearing, Findings, Uote: (X) Notioe (ifam~) given by: POSTING (Municipal Building) ( X) Hearing (if any) held on: June 6, 1996 ( X) Tlte vote: DuCote, Dravis, McDaniel tor~ None against. N;cIntyre, Co ier t7ecision (subiect to a11 applicahl.e appeals): A variance is granted which allows the fence to remain as built, with the stipulation that both property owners reach an agreement. • (Optional) Reasoning/Camment : N/A Disposition ofBuilding O,~cial's Decision (if anyJ: ( ) ~rmed ( ) Re~~ersed and ( ) Modified: Efj'ective Date & Appea~s: This decision takes effect on the date it is filed in the BSC's office (cJo Secretacy of the BSC, 3800 L~niversity Boulevard, Houstot~, Tzxas 77005), unless oflieewise indicated above. Any appeals of tlus decision are subject to and governe,9 by applicabte ordinances end laws, including Chaptex 6 of the Code of Ondinances. , ,$y; Attest: Presid'mg ffi~r, For the BSC Filed in 1he BSC's o~ce on ~ ~~~~ (/Y , 19~` ; und copies mai,'.ed ('sea n2aifing list uttuched) on JUNE 25 , 19 9, By: SCT • ~ BUILDING & STANDARDS COMMISSION CITY OF WEST UNIVERSITY PLACE Reference: 3602 Albans Lot 5A, Block 93 WUP 2nd Addition Appeal No: 94-04 ' Date of Application: 6/28/94 Receipt No: 26421 Hearing Held on Thursday, July 7, 1994 DECISION/INTERPRETATION: Les Albin made a motion to grant a variance to not have a sidewalk as long as a Class I tree be planted. James McDaniel seconded the motion. All voting aye: Voting Aye: Craig DuCote, Les Albin, James McDaniel, James Todd and Craig Hughes. Voting No: None. ~-. Date: 7/8/94 cc: Building Inspector City of West University Place Building & Standards Commission . • /j~ ~f SECRET~RY BUILDING & STANDARDS CONII~IISSION CITY OF WEST UNIVERSITY PLACE • Reference: 3224 Amherst W 75' of Lot 2, Block 49 West University 2nd Addition Appeal No: 94-03 ' Date of Application: 5/27/94 Receipt No: 25281 Hearing Held on Thursday, July 7, 1994 DECISION/INTERPRETATION: Variance granted to allow a.:portion of the third floor attic space to be finished out as the 5/8" sheetrock in the stairwell provides ~:; miminum protection of one hour fire rating and to waive the requirement for a sprinkler system. ~ Voting aye: Craig DuCote, Craig Hughes, James McDaniel, James Todd. Les Albin abstained from voting. Date: 9I7/94 cc: Building Inspector City of West University Place Building & Standards Commission !' ,~ 1~- : . b~f. SECRETARY ~ n ~~ ~ ~ ZONING BOARD OF ADJUSTMENT CITY OF WEST UNIVERSITY PLACE, TEXAS DECISION Reference: '7~~~ a ~~~ /. ~~/~ q, c~ f •~ Appeal: _ p ~ Dated : /p2~ ~ ~ Hearin Held On ~ C ~ ~~ ~~ g 1. INTERPRETATION: "Decision of the Zoning Board of Adjustment" `~" c/.~f I~~ ~~~/1~.~~ .G-~r 6~1~~~{~ ~ ~~/ - ~' ` ~ !/~`vti '/yv ~ ~` .,,~,~~ ~ G~~~`.~, ~w i'2i~GU.-~ . • ~~ ~ y • w e~~. ~~ ~ ~ G~~~r1~ .. .~~ G~ ~.--- ~~- ~ti .~1~- -e'~e~-~--~~ . ~ A ~ Unless otherwise stated, an authorization by the Board of Adjustment for a special exception, variance or conditional use shall expire if the applicant fails to obtain a permit within 90 days from the date of authorization of such special exception, variance or conditional use. City of West University Place Zoning Board of Adjustment Secretary Date: cc: Building Inspector • 06/15/94 09:40 $713 223 8330 STERLI\G -iI\OR ~rm ZBA-201(04c:\wp5l~forms~zba201.54origj Zoning Board af Adjustment City of West University Place, Texas ("Ciry") DECLSiON TO GRANT A VARIANCE 94-04 Addrress of si1e: G207 Albans Legal description of the site: Lot 14, Block 9, College Court Place Addition BuildingPern~ilNo: 940T02~- Permittee/Appliccmt: Ben K. & Joan B. k'ebb Decisron orAction Requested orProposed: A request for a variance to allow a covered porch to encroach into the 20 foot rear setback area. l~ooz NotfCe, He[n'ing, Findings, Tjote: MAIL (Property Owners) , PUBLISHING (Housto.. ::~ir~r :c.le) (X ) Required notice given by: POSTYNG (Municival Building) - ____- (x ) Hearing held on: May 19 . 19~4 _ (x ) Required statutory findings made (variance is not contrary to public interest;due to special conditions a literal enforcement of the ardinance would result in unnecessary hardship;spirit of ~ the ordinance is observed; substantial justice is done.} --- ( ) Additiona! ~ndings (if any): N/A. (X ) The vote: Snel ,~es.,, Ri 1 1 inga /?1 i n~ for, rSasera against. Decisron of the Zoning Boarri ofAdjustment (subjecl to all applicable appeals): Under and subject to the City's Zoning Ordinance and applicable law, a variance from Section 7-100 Sin le Fam' 1 Dis e site criteria. (~) iv of the Zoning Ordinance is granted to the permittee/applicant named above for the site identified above, subject to the foltowing conditions (if any): The variance is granted, subject to the owner filing of record with the real property records a requirement that the back porch never be enclosed. This variance is for an indefinite period unless a temporary period is indicated above. This variance remains subject to the regulatory jurisdiction of the City, and it does not grant any property right or vested right of any kind. r~;,.:ctive Date & Appeals: This decision takes effect on the date it is filed in the Board's office (c/o Secretary of the Zoning Board of Adjastment, 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, includin~: the ing Ordinance and Chapter 211, Tex. Local Government Code. Under Chapter 2I 1, petitions £or judicial re~~~~stbe-~ese~ted within 10 days a£ter the date this decision is filed in the Board's office. i Ry: ~ ~ air an, For ~ ~~- A ~test: Adjustment Filed in the Board's office on `___ ____.___. , 19_ ___, c~d cap*es mailed (see mcriling list attached} on _ -.., 19. . ~ BY~- ----- --- - - --- ---- . _ . ~• ~ . `~. ' :'=-. • ~I/~III~IYIIYWYJ_!:_::::____G~'.,,~,s.e:~_.~a..~... ._. ..~aiiuh:a._, ' i~uu~r.e~:uu.id.:- .~ '' ~ "71r~rrr:..~ ` .~ ZONING BOARD OF ADJUSTMENT CITY OF WEST UNIVERSITY PLACE, TEXAS n~rrcrnN Reference: ~~ Appeal : Dated: Hearing Held On Thursday, August 19, 1993 1. INTERPRETATION: 2702 Arbuckle Lot 1, Block 10 Belle Court 93-15 7/20/93 "Decision of the Zoning Board of Adjustment" • Application 93-15 is denied, as new evidence of a material nature was not presented and the prior denial of April 15, 1993 is not disturbed. BY THE BOARD Unless otherwise stated, an authori Adjustment for a special exception, shall expire if the applicant fails days from the date of authorization variance or conditional use. Date : August 20, 1993 STERLING MINOR aation by the Board of variance or conditional use to obtain a permit within 90 of such special exception, Cit of West Universit Z ing Boa of Ad S retar // Place nt cc: Building Inspector . ~ ~ ZONING BOARD OF ADJUSTMENT CITY OF WEST UNIVERSITY PLACE, TEXAS DECISION Reference:~'?p~ ~~ 6 ii,~/~ - ~- Appeal : ~f 3~'(' ~ ~ Dated: ~-/s =j~ ~ ~ ? Hearing Held On i l J ~ 7-'"' 1. INTERPRETATION: "Decision of the Zoning Board of Adjustment" ~ ~ K -t s T d1~~ ~ 1/rl~"1c(/~r ~-~- , ~ ~~mr`4 ~ . ~ ~ ~ Unless otherwise stated, an authorization by the Board of Adjustment for a special exception, variance or conditional use shall expire if the applicant fails to obtain a permit within 90 days from the date of authorization of such special exception, variance or conditional use. City of West University Place Zoning Board of Adjustment Secretary Date: cc: Building Inspector ~ ~ ~ ~ ZONING BOARD OF ADJUSTMENT CITY OF WEST UNIVERSITY PLACE, TEXAS Reference: 2702 Arbuckle ~- Appeal: 93-09 Dated: 3/26/93 Hearing Held On April 15, 1993 1. INTERPRETATION: "Decision of the Zoning Board of Adjustment" Request for Variance to allow 2 posts and gate to be located within the visability triangle is DENIED. • BY THE BOARD STERLING MINOR, CHAIRMAN OF THE BOARD Unless otherwise stated, an authorization by the Board of Adjustment for a special exception, variance or conditional use shall expire if the applicant fails to obtain a permit within 90 days from the date of authorization of such special exception, variance or conditional use. City of West University Place Zon ng Board f Ad'us ent Se retary ~ Date: 4/16/93 ~ cc: Building Inspector . ~!` ~ ZONING BOARD OF ADJUSTMENT CITY OF WEST UNIVERSITY PLACE, TEXAS DECISION ` ` l ~~ Hearing Held On 1. INTERPRETATION. tteference: 3(,~d ,6L1~S ,Cv~ ~i¢~3/~~~~~3 c~v~'.L Appeal : q ~ ~v~ / Dated: ~~~.-~3 "Decision of the Zoning Board of Adjustment" ~ Q /~ ~ ` v 4 . ~ ~---l~~Q ~.,ey~i" " , ~ ~ ~ . C.ek~~ ~~ .e~ ~ ,E~~ti ~-Q ~ ~ ~ ~ ~- Unless otherwise stated, an authori Adjustment for a special exception, shall expire if the applicant fails days from the date of authorization variance or conditional use. Date: t `~~ . zation by the Board of ~~'`'i- variance or conditional use to obtain a permit within 90 of such special exception, City of West University Place Zoning Board of Adjustment Secretary cc: Building Inspector • BUILDING & STANDARDS COMMISSION CITY OF WEST UNIVERSITY PLACE ~ • Reference: 3602 Albans Lot 5A, Block 93 West University Place 2nd Add. Appeal No: 93-02 Date of Application: February 16, 1993 Receipt No: 7931 Hearing Held on Thursday, March 4, 1993 DECISION/INTERPRETATION: Drew McManigle made amotion to grant the variance allowing the owner Mr. Buckingham to keept the magnolia tree with the stipulation that in the future if the tree were to die or be removed that within 30 days the owner or subsequent owners of the property would take steps to place a sidewalk there. This motion was seconded by Carolyn Hodgins. All Voting Aye. Date: March;5, 1993 cc: Building Inspector City of West University Place Building & Standards Commission SECRETARY ~ BUILDING & STANDARDS COMMISSION CITY OF WEST UNIVERSITY PLACE • Reference: Appeal No: 3702 Arnold Lot 21, E'S of Lot 20 Block,2, Sunset Terrace 4~7 9~-08 ' Date of Application: November 19, 1992 Receipt No: 5001 • ~ Hearing Held on Thursday, December 3, 199a DECISION/INTERPRETATION: Dale Reid made motion to grant the variance to allow the handrail to remain as it complies with the present Building Code (Standard Building Code 1988 Edition). This motion was seconded by Susan Freeman. All Voting Aye. Date: 12/4/92 cc: Building Inspector City of West University Place Building & Standards Commission SECRETARY ,'}~ ~ ~ ZONING BOARD OF ADJUSTMENT CITY OF WEST UNIVERSITY PLACE, TEXAS DECISION Reference: 3123 Amherst Appeal : 92-14 Dated: 9/29/92 Hearing Held On Thursday, October 15, 1992 1. INTERPRETATION: "Decision of the Zoning Board of Adjustment" Variance is granted to allow a delay on commencement of construction to October 15, 1993, and completion of construction within ninety (90) days thereafter. • BY THE BOARD Unless otherwise stated, an authorization by the Board of Adjustment for a special excep~cion, variance or conditional use shall expire if the applicant fails to obtain a permit within 90 days from the date of authorization of such special exception, variance or conditional use. City of West University Place Z ing Board of j stment Secretary Date : October 16, 1992 cc: Building Inspector ~ ZONING BOARD OF ADJUSTMENT CITY OF WEST UNIVERSITY PLACE, TEXAS ~ -~ - ~ DECISION Reference: 3724 Albans Lot 5, Block 6 Sunset Terr. #9 Appeal: 92-09 • Dated: Hearing Held On September 17, 19A2. 1. INTERPRETATION: 10-1-92 "Decision of the Zoning Board of Adjustment" IKotion was made by Teresa Fogler to grant an appeal for relief and aciopt t~ie setnack restrictions detailed in the resident's letter of August 17, 1992. Tnere will be a 15' front setback on Albans, a 14' front setback on Wroxton, a 20' front setback from the curved property line i~etween Albans and Wroxton (as presently designated by tne Building Official), a rear setbacK of 7.1/2' along the common line of Lot 6 and Lot 5 and rear setback of 10' along the common line of Lot 4 ana Lot 5. A Lime frame of 120 days was included in the motion to begin construction with the specified set of plans. Robert PJic Bride seconaecl the motion. Voting Yes: Voting NO: Sterling Minor None Franic Billings Robert Nic Bricie BY THE BOARD Teresa Fogler . Unless otherwise stated, an authorization by the Board of Adjustment for a special exception, variance or conditional use •shall expire if the applicant fails to obtain a permit within 90 days from the date of authorization of such special exception, variance or conditional use. City of West University Place Zoning Board of Adjustment CJ""`..~-F . Secretary ~ ''~ Date : ~U ~ Ct ~"-' ~ cc: Building Inspector • ZONING BOARD OF ADJUSTMENT CITY OF WEST UNIVERSITY PLACE, TEXAS • Hearing Held On September 17, 1992 Reference: 2720 Amherst Lot l7, Block 7 Virginia Court Appeal: 92-10 Dated: 10-1-92 1. INTERPRETATION: "Decision of the Zoning Board of Adjustment" F'rank Billings made tne motion to grant the variance to allow Nir. i3rown a S' side setback instead of the required 7' to build nis garage and secon floor acidition. Robert Mc Bride seconcled tne motion. . Voting Yes: Sterling Minor F'ranx t3illings Robert ri~ic Bride Teresa Fogler DECISION Voting No: None BY THE BOARD Unless otherwise stated, an authori Adjustment for a special exception, •shall expire if the applicant fails days from the date of authorization variance or conditional use. Date : lU ~ ~~ cc: Building Inspector ,. zation by the Board of variance or conditional use to obtain a permit with~in 90 of such special exception•, City of West University Place Zoning Board of Adjustment ~~ ~~~~ Secretary • t . , ., ~, . ,, ~ ~I ~ ~-,. ~ ZONING BOARD OF ADJUSTMENT CITY OF WEST UNIVERSITY PLACE, TEXAS DECISION Reference: 92-07 3617 Albans lA & 1B, 2B Block 84, WUP II Appeal: Dated : 5/28/92 Hearing Held On June 18, 1992 1. INTERPRETATION: "Decision of the Zoning Board of Adjustment" ~ Variance is granted to allow air conditioning units in 10 foot side setback on the west property line. All other relief is denied. BY THE BOARD Unless otherwise stated, an authorization by the Board of Adjustment for a special exception, variance or conditional use shall expire if the applicant fails to obtain a permit within 90 days from the date of authorization of such special exception, variance or conditional use. City of West University Place Zo ing Board of Ad ustment Secretary Date: 6/23/92 cc: Building Inspector . -- ~ _ . / ~ ' !~ Form No. 3 . ! ',~ ~ ~ ~ . ZONING BOARD OF ADJUSTMENT ~ ~, ~~ CITY OF WEST UNIVERSITY PLACE, TEXAS • DECISION , Reference: / 1j ~~ ~ Appeal No.: Dated: Hearing Held On ,S ~'w~'' ~~ ~ ~ 6 l 2~ 1. INTERPRETATION: "Decision of the Zoning Board of Adjustment" . ' ~~(L~l:~-ri~i .G... ~~ ~~G~~~ ~,~' C~~~~~ . ~ , `~ . __ ~i ~~ G'~~~e,/l ~ • ~~~.G ~ GQ~i~ ~.~`,t~+. ~'Pi- c~ ~ ~ . . ~?~~';~.: •~,~~' " ~ ~,y; ~' I r' :-E; Unless otherwise stated, a~authorization by the Board of Adjustment for a special exception, variance or conditional use shall expire if the applicant fails to obtain a permit within 90 days from the date of authorization of such special exception, variance or conditional use. City of West University Place Zoning Board of Ad~ustment ~ (Date) cc: Building Inspector Secretary .. `,~ l • ~~ J r i ~ , ZONING BOARD OF ADJUSTMENT • CITY OF WEST UNIVERSITY PLACE, TEXAS DECISION Reference: Appeal: 92-06 Dated: June 23, 1992 Hearing Held On Niav 21, 1992 1. INTERPRETATION: "Decision of the Zoning Board of Adjustment" Tne request for a variance for docket 92-06, 2720 Amherst, lot 17, block 7, Virginia Court Addition was denied by the Zoning 3oard of Adjustment. Tnis request for a variance was to allow an encroachment in the side setback of approximately three feet. The proposed plans for ~ replacing tne existing garage and adding quarters was denied by tne motion maae by Frank Billings. John Pickul seconded the motion. The motion was carried by Frank Billings, John Pickul and Sterling Minor. Voting against the motion was Vic Hanson and Robert McBride. BY THE BOARD Unless oty~E~r..wise stated, .dn. .authorization by the Board of kc~jusi~mcnt far a. spPcia.l exception, variance or conditional use tihall expiic- if the.appl:icant fails to obtain a permit within 90 d~ys f.ror:~ t;.h~: datc c-f av:thorization of such special exception, v~ria~ac~: or c:onabti.on.~l use. City of West University Place Zoning Board of Adjustment Secretary ~ ~~~ : _____~.~.3~~ cc.: Bui,_d:~r.q t;^.s.~~ctor u I BUILDING & STANDARDS COMMISSION CITY OF WEST UNIVERSITY PLACE Reference: 3401 Albans Lot 3A, Block 86 WUP 2nd Addition Appeal No : 92-02 Date of Application: 4/16/92 Receipt No : 7255 Hearing Held on January 17, 1992 DECISION/INTERPRETATION: Craig DuCote made motion to grant a variance to not have a sidewalk providing at the time the City comes and puts in curbs and gutters that they would consider putting a sidewalk in. This motion seconded by Carolyn Hodgins. Voting Aye: Drew McManigle, Craig DuCote, Susan Freeman,Carolyn FIodgins, Dale Reid, and Jeann Howse. Voting No: None CITY OF WEST UNIVERSITY PLACE BUILDLNG & STANDARDS COMMISSION DATE : January 20, 1992 S cc: Building Inspector File f ' 03/25/92 JZ ~ CONSENT TO ENCROACHMENT THE STATE OF TEXAS } COUNTY OF Harris ) Job Nb. File No. County Harris Map No. 5255A WHEREAS, - _ Smi h ~ o Homes (hereinafter`referred to as "Owner" whether one or more) is/are the Owner(s) of the following described property situated in Harris County, Texas: All of Lot 21 and the ad~oining east 10 feet of Lot 20 in Block 2 of Sunset Terrace, Section 7 as recorded in Volume 17, Page 56 of the Map Records of Harris County,Texas. • Also known as 3702 Arnold. WHEREAS, the above described property is subject to a dedicated public utility easement, or an easement created by an instrument of record in favor of Houston Lighting & Power Company, for the erection and maintenance of electric transmission, distribution or communication lines across, over, along, upon and under said property; and WHEREAS, Owner has either constructed or plans to construct and/or maintain structures within or encroaching upon the area of said easement and has requested that Houston Lighting & Power Company give its consent to said encroachment; NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS that Houston Lighting & Power Company hereby consents to the construction and/or maintenance by Owner of the following structures which are now or will be within or an encroachment upon the area of said easement: SEE ATTACHED ADDENDUM ~ -1- . ADDENDUM Being a portion of house (16' x 3' 4" x 24' 1 1/2') extending.into a 5' wide aerial easement which begins on a plane 20' above natural ground level and is located south of an adjacent to a 10' wide utility which is centered on the property line as shown on attached Exhibit "A" and "B". ~. • • ' said structures not to exceed 25 feet in height above natural ground level, and to be located entirely within the portions of said easement which are shown on . the sketch attached hereto and made a part hereof. In consideration of the consent hereinabove granted by Houston Lighting & Power Company to Owner, and in consideration of the use of said portions of said easement area Owner obtains hereby, Owner hereby binds itself, its successors, assigns, agents, and licensees to indemnify and hold harmless Houston Lighting & Power Company, its successors and assigns, from and against any and all claims, actions, causes of action, demands, liabilities, costs, losses, expenses and damages, in contract, strict liability or in tort, injury to any person (includ- ing death) or damage to any property arising out of or in any way connected with the construction, use and existence of said structures on said portion of said easement area, where such injury or damage is caused by the sole, joint, concur- rent, contributing or comparative negligence or fault of Owner, its agents, or employees, and even when caused by the joint, concurrent, contributing or compa- rative neg~ence or fault of Houston Lighting & Power Company, its agents or employees. This indemnity shall not be applicable where the injury or damage is caused by the sole negligence of Houston Lighting & Power Company, its agents, or employees. Owner further agrees for itself, its successors, assigns and grantees, that if Houston Lighting & Power Company, its successors and assigns, shall at any time in its sole discretion determine that it is necessary to do so for the pur- pose of properly maintaining its electrical facilities, it shall be privileged to remove or alter the above-mentioned structures, or any part thereof, and which Houston Lighting & Power Company agrees to restore as nearly as practical to their former condition, all at Owner's cost. Owner for itself, its successors, • assigns and grantees, hereby releases Houston Lighting & Power Company, its suc- cessors and assigns, from any and all liability for damage caused to the above- mentioned structures by any such removal, alteration or restoration and further agrees to pay to Houston Lighting & Power Company, its successors and assigns, the cost of removing, altering and restoring such structures upon receipt of its billing therefor. Owner for himself, his successors, assigns and grantees, hereby further releases Houston Lighting & Power Company, its successors and assigns, from any and all liability for loss of or damage to such structures which may be caused by, result from or be related to the presence or malfunctioning of its electrical facilities and regardless of whether its negligence may contribute to such loss or damage. Owner further agrees for itself, its successors, assigns and grantees, that if Houston Lighting & Power Company, its successors and assigns, shall at any time, and because of the presence of such structures within the area of said easement, be ordered by any public authority having jurisdiction on to remove or relocate its electrical facilities, it shall be privileged to comply with such order at Owner's cost, unless Owner, its successors, assigns and grantees, shall alter or remove said structures to the satisfaction of such public authority upon reasonable notice to do so; and if such electrical facilities are removed or re- located by Houston Lighting & Power Company, its successors and assigns, Owner for himself, his successors, assigns and grantees, agrees to pay the cost thereof upon the receipt of its billing therefor. The exercise and en~oyment by Owner's successors, assigns and grantees of the rights and privileges to which Houston Lighting & Power Company 'has herein. • granted its consent shall constitute affirmative acceptance by such successors, -2- ' assigns and grantees of the terms and conditions herein contained; provided, however, that Houston Lighting & Power Company for itself, its successors and . assigns, hereby reserves the right to require that any such successor, assign or grantee further signify in a recordable instrument acceptance of such terms and conditions, and should any such successor, assign or grantee refuse upon written request to execute such instrument, the rights and privileges herein consented to shall thereupon automatically terminate. This Consent to Encroach- ment shall not inure to the benefit of any person other than the above named person(s), his successors, assigns and grantees, or any property other than the above described property. If this property changes hands before recordation of this instrument, Owner agrees to give notice of this instrument to the purchaser. EXECUTED t is_~i ~~-^~-l~1ay of C1lA:~+J/~ , 19~ HOUSTON LIGHTING & POWER COMPANY ~~ja/ -l~~~ James R. umbr Senior Right of Way Agent Land & Right of Way Department • _ ACCEPTED and agreed to this 26 day of March ~ 19 92 c~,9,~~ ~' g ~- Smith Scott Homes, General Partner (Owner) (Purchaser) • -3- Acknowledgement Block for Houston Lighting & Power Company's Use Only: STATE OF TEXAS • COUNTY OF HARRIS This instrument was acknowledged before me on ~~ a1r ~~ / fcf C~ ~~ by ~ , Land & Right of Way Department, Houston Lighting & Power Company, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the said Houston Lighting & Power Company, a corporation, and that he/she executed the same as the act and deed of such corporation for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the ~~ day of ~ 19~ . ~ \ ~~.i.'~"'i-y~~,~F~..v,T~;:S,~1:.,~i-,~'.y~^a • 7 . "' ~~,~o~~~°%=;;~, '`~''"~'`'~'~'r~ ;;? Notary Public in and for ~r"~" ~ DEBORRH ~. P,ES~?~ The State of TEXAS _~I ~~ M Not~ry Public, State of Iexas '~;, ;t* Y Commusion Expires l2•18•94 . Acknowledgement Block for a Corporate Officer Only: • STATE OF TEXAS } COUNTY OF ' ,~ } Before me, the undersigned authority, on this day personally appeared - ~iUllA~r ~L. .~co~~, ./~,/~ ~/.~-/~i~ of ~.5~,-~~ ~~a ~~ .~~~~ ~T'~ ~.~~ G~ known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and considerations therein expressed, in the capacity stated, and as the act and deed of said ' corporation. GIV N UNDER MY HAND AND SEAL OF OFFICE this th~~ day of L~i~~y~7~~_ ~( 19 ~~. ii ~i , ; .,.~,--'~.,,~"'-~-~``~''Y' s -~~..~~"-~;~,',,~ •o~rp~.r ~{„~p~p N~,`!:~F '~, r Public in nd for ~,l~~,. ~ ~.~1 ,,, r,,~;,w 5,:; +_~ ~N=,s ~ The State of TEXAS ~J~~ ! , I/24/95 r~ ~.~ ~r/v! i~" hr. •~U~:~i .~SE:un Ex~MiP y~ . ~4`L;,~,,.„,•'`, ~{.,-,-.~,~.4.~~-~; My Commission Expires ~M.r!CYn. u~ .."'~.'~11.. ~r . Y:i . . i .F ~ .. .... . • Acknowledgement Blocks for Individuals and Partnerships: STATE OF TEXAS } • COUNTY OF } This instrument was acknowledged before me on this the 19 , by ~ GIVEN UNDER MY HAND AND SEAL OF OFFICE this the 19 . ' day of , day of Notary Public in and for The State of TEXAS My Commission Expires _ STATE OF TEXAS } COUNTY OF } This instrument was acknowledged before me on this the 19_, by • GIVEN UNDER MY HAND AND SEAL OF OFFICE this the 19 day of Notary Public in and for The State of TEXAS My Commission Expires STATE OF TEXAS ) COUNTY OF ) This instrument was acknowledged before me on this the day of , 19_, by GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of 19 ° Notary Public in and for The State of TEXAS My Commission Expires _ ~ day of • • • ~ ~ u • z ~6~~..,.a..,..~:.a-.- EXl-i ~ n y~ g ~; r ~' 1s ~ ~ `-% ~ ~ ~ ~ ~ ~ e # L n p, t ~: ~ S 4 C ~ ~ ~ ~~~ ~ ~~~ k2 ~ ~ ~ ~~~ : ~ ~ ~~~ F~~et r~ xu~~,> ~ ~ ~ ~~s~ . ~ ~ ~` ~ ry n ~ ~a ~~~~ ~ ~ ~~~~ ~ ~ ~ n~~ g O r ~ ~n~3 ~ ~ ~~8~ ~ ~ 8`{~~8 M ~~ ~~~ ~ ~~~~ ~y~~`~~~~ ~ QF~G~~~~ =A H~ 7i F~~r1~dZ w.i w= w > Q w 0 J ~ W ~ _- j W ~--{i 0 N O J I.L ~ N W ~ U Q ~ ~ . , w ~ 3r =w ~7 W = O ~ in ~ ~ r ¢ z w o w F. _ 1- w Q N Z~ Q N N ~ u ro om ~ W . ~ ~ _ ~' ~ ~ ~ V 1 ~'- ~ w ~ ~ F- ~ ~ ~ J O ""' Z Q ~ N r~ 0 V J ~ M _` • TEL~ P1ar 1~+ ~~2 10 ~ 54 I~o . OU2 N. i1S E~'if"1; i:~' ~ ~,.,~..-~,....~.,~~ 0 I , 5' AERIAL 5' UTIL. ESMT. ~ EASEMENT . .O 3~-~~ ( O I PROPERTY ~ IINE -~, i ~ ENCROACHMENT: A PORTION OF THE ROOF OF A GARAGE AND ACCESSORY QUARTERS. S'-0" • I N ~ ~o I o~ B ~ o ~ ~~ I N I MA;<Ir?UM HEI~FiT 0(= STRUCTURE INEASE!` B HEIuH~f Al' WI~I(,H AERIAL EASEMENT BEG i C WIDTI~ OF AERIAL EASEMENT ~ D W I C~TH OF PORT ! ON OF STRUCTURE I N~AEF EASEIhEN'f I . EQ WIDTI-I OF UTILlTY EASEMENT I _ _ FINISHED GRADE`~'~ • Form No. 3 ZONING BOARD OF ADJUSTMENT CITY OF WEST UNIVERSITY PLACE, TEXAS ~ DECISION Reference: Appeal No.: 91-9 Dated: June 20, 1991 Hearing Held On i„np ~~ 1991 1. INTERPRETATION: "Decision of the Zoning Board of Adjustment" Concerning docket ~~ 91-9, 3724 Albans, Sterling Minor made motion seconded by Teresa Fogler, that the following absolute Building lines apply allowing for no projection except as proposed: 18 setback along Albans, 18' setback along Wroxton, 25' setback on the tangent point wnere Wroxton and Albans meet. 5' along the property line between the subject property and lot 4 and lot 6. The exception projections include fencing to the property line between the subject property and lot 4 and lot 6. Patio, sidewalk, driveway are ~ to be as prescribed in the present projection schedule with a maximum of 800 sq. ft. allowed. Eaves and cornices as allowed in the projection schedule with the following matters of clarification: Garage is to be built at least 3 feet behind the 18' projection line along either street, there shall be no circular driveway allowed, the property will maintain the present address of 3724 Albans, all other restrictive portions of the Zoning Ordinance still apply, and these restrictions only apply to the setbacks and projections. Unless otherwise stated, any authorization by the Board of Adjustment for a special exception, variance or conditional use shall expire if the applicant fails to obtain a permit within 90 days from the date of authorization of such special exception, variance or conditional use. City of West Universitv Place Zoning B~rd of A' stment ~ . ~- ~ ~ : Eli~ ~eth Bethune Sec tary ~ (Date) June 21, 1991 cc: Building Inspector • ~ ~ ~ ~ City of ~est Uni~ersity P1ace A Neighborhood Ci1y ~~~714~P6t~dec granting variance, 12-04 `7 ~.~ ~ ~ ~ Zoning Board of Adjustment OSl30/06 300847644 :24.00 City of West Un.iversity Place, Texas ("City") Docket No: 06-O1 DECISION GRANTING A VARIANCE Addressofbuildi~:gsite: 2724 Barbara Lane, West University Place, Texas 77005 . Legal description of t/:e bui[dii:g site: Lot 15 & Trs 14 and 16 A, Block 5(001*TR ~ 24) of Pemberton addition, in the City of West University Place in Harris County, Texas, according to the map or plat thereof, recorded in Volume 8, Page 41 of the map Records of Harris County, Texas. Applicant: William Trojan and Susan Stone Decision orAction Requested: Grant variance to allow the construction of a new garage accessory building containing approximately 672 square feet of non-garage space. Notice, Hearing, Determii:atioizs, Vote: (X) Notice of hearing was given by: Mail and on-site posting, in accordance with Article 11 of the Zoning Ordinance, by Sallye A. Clark, Planning Assistant of the City. (X) Hearing was held on March 16 , 2 0 0 6 (X) Required findings and determinations have been made by the ZBA as follows: (i ) due to special conditions, a literal enforcement of the Zoning Ordinance provision identified below would result in unnecessary hardship, (ii) by granting this variance, the spirit of the ordinance is observed and substantial justice is done, and (iii) this variance is not contrary to public interest. (X) Additional findings and determinations (if any) have been made, as follows: n/a (X) The vote was: ~ for, l1 against this decision. Decision of tlte Zoning Board of Adjustment gra~zting variance (subject to all applicable appeals): Under and subject to the City's Zoning Ordinance and applicable law, a variance from (identify the exact ` provision) Table 7-4a, Garage Accessory Buildings ofthe Zoning Ordinance is granted for the site identified above subject to the following: N/A VARIANCE, Page 1 3800 University Boulevard • West University Place, Texas 77005-2899 • 713•668•4441 • www.westu.org .~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Otlzer Provisions: THIS DECISION SHOULD BE RECORDED IN THE HARRIS COUNTY REAL PROPERTY RECORDS, AND THE COST MUST BE PAID BY THE APPLICANT. UNLESS OTHERWISE SPECIFIED IN THIS DECISION, ALL PERMITS REQU]RED FOR THE WORK CONTEMPLATED BY THIS DECISION MUST BE APPLIED FOR ON OR BEFORE THE 90T" DAY FOLLOWING THE EFFECTNE 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 DATE OF THIS DECISION. NO EXTENSION OF ANY PRESCRIBED TIME PERIOD IN THIS DECISION MAY BE GRANTED WITHOUT AUTHORIZATION FROM THIS BOARD. NEITHER ADDITIONAL NOTICE NOR HEARING IS REQUIItED FOR GRANTING A TIME EXTENSION. IF ANY WORK OR CONDITION IS NOT DONE WITHIN A PRESCRIBED TIME PERIOD--AND NO T1ME EXTENSION IS GRt~NTED--THIS DECISION REMAINS IN EFFECT, BUT IT IS SUBJECT TO REVERSAL OR MODIFICATION BY THE BOARD WITHOUT ADDITIONAL NOTICE OR HEARING. 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, BUII.,DINGS AND OTHER STRUCTURES UNDER CHAPTER 6 OF THE CODE OF ORDINANCES, OR ANY OTHER PROVISIONS OF THE ZON]NG 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 RECENE APPROPRIATE PERMISSIONS FROM THE BU~DING & STANDARDS COMMISSION, THE CITY COUNCIL OR OTHER BODIES THAT MAY HAVE AUTHORITY TO ACT ON SUCH REQUIlZEMENTS. 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. NOTHING IN THIS DECISION IMPLIES THAT ANY SUCH FINDINGS WOULD OR WOULD NOT BE MADE BY THE BOARD. THIS DECISION REMAINS IN EFFECT FOR AN INDEFIlVITE 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 & Appeals: Subject to any applicable appeals, this decision takes effect on the date it is filed in the Board's office (c/o Secretary of the Zoning Board of Adjustment, 3826 Amherst, West University Place, Texas 77005), unless otherwise indicated above. Any re-hearing of this decision is VARIANCE, Page 2 ~- ~ ~ governed by the rules of the Zoning Board of Adjustment. 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. ZONING BOARD OF ADJUSTMENT, CITY OF WEST LJNIVER,S~ITY PLACE, TEXAS By STATL~`~F TEXAS of Adjustment COUNTY OF HARRIS i~ /,, This instrument was acknowledged before me on r-` Q~~ W (date) by~rne~~ Q(~ (name) as Presiding Officer of the Zoning Board of Adjustm nt of e City of West Universiry Place, Texas. SALLYE A. CLARK MY COMMISSIaN EXPIRES MAY 18, 2006 (SE My commission expires: ~ ~ Notary Publ' This instrument was filed in the Board's o~ce on ~ ~ and, if a mailing list is attached, copies were n:ailed to the persons on the list o~ (N/A . By: /~C /!.~/ Name:~ ' Q _ C~I'C~~ 4l~ {' Title:. 1'aUllC~.t ~'f~~GiGI~) ~er recording return to: ~ ~ Sallye A. Clark ~ Secretary, Zoning Board of Adjustment City of West Universiry Place 3826 Amherst Street Houston, Texas 77005 (Phone #:713-662-5843) ~~~~~anectsnE a~tE~ert~dt~Ea nEe~sdn~~ a~ar~ aam~uoNOa~ax~uio~~uw. ~ ~o eF~y ~~tl~ibiab~rnedwasfllEDinfYeNumber ontlie O~fAdel Publk Reoads~of Ret PropeAy H~ania Co~unry, T~. In the n ~ `~ ""~''c g ~ M ~ x ~L~• ~ ~ ~ ~ ' ~y ~ ~„~ti ~Cl~ .L ,. it .1~iZ ~ 1-~ U .e ~J * S` ~;. ` ii~ w ~ ,J o r~ ~ --o .-. c~ ~ c~ ~ ~ ~pN ~ ~ _ L~ ~ Q ~ ~ S ~ VARIANCE, Page 3 MAY 3 0 2006 ~~~" O ~r~~~ ~OUNTYCLERK HARRIS ~f)UNTI: TEXAS i • ~ City of ~est U~i~ersity P1ace A Neighborhood City ~ pecYo~edPaPe~ ZONING BOARD OF ADJUSTMENT City of West University Place, Texas ("City") DECISION DENYING AN APPEAL Address ofSite: 2724 Barbara L1ne, West University Place, Texas 77005 Docket: 06-O1 Legal Description of Site: Lot 15 & Trs 14 and 16A, Block 5(001*TR 24) of Pemberton addition, in the City of West University Place in Harris County, Texas, according to the map or plat thereof, recorded in Volume 8, Page 41 of the mAp Records of Harris County, Texas. Perrriittee/Applicant: William R. Trojan and Susan Stone Decision or Action Reguested or Proposed: Reverse the Administrative Oi'ficial's rejection of plans that the accessory building containing garage space is limited to 600 square feet of gross floor area. Notice, Hearing, Vote: (X) Required Notice given by: Mail and on-site posting in accordance with Article 11 by Sallye A. Clark, Planning Assistant City of West University Place (X) Hearing held on: March 16, 2006 (X) Additional Findings: None The vote: ~ for;0 against (on a motion to deny appeal) Decision of the Zoning Bourd ojAdjc~stment (saebject to all applicable appeals): Under and subject to the City's Zoning Ordinance and applicable law, the requested appeal is DENIED. It wus obvious that the structure would violate Table 7-4a of the Zoning Ordinance, ~vhich states that "any structure above tlie driveway must be cantilevered or suspended from the building (no special posts or vertical supports being allo~ved)." The Chief Building Official's decision was clearly correct. THIS DECISION IS SUBJECT TO ALL APPLICABLE APPEALS. Effective Date & Appeals. Subject to any applicable appeals, this decision takes effect on the date it is filed in the Board's office (c/o Secretary of the Zoning Board of Adjustment, 3826 A~nherst, West University Place, Texas 77005), unless other~vise indicated above. Any re-hearing of this decision is governed by the rules of the Zoning Board of Adjustment. Any appeals of this decision are subject to and governed by applicable ordinances and laws, includi.ng the Zoning Ordinance and Cha~~ler 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. , ZO'~1ING BOARD OF ADJUSTMENT, CIT'~ OF WEST UNIVERSITY PLACE, TEXAS ~ 4 B-~ • Attest: V esi g Of e, Zo ' g Boar of Adjushnent Staff Represen ive, City of West University Place Tl~is iristrument was filed in the Boc~rd's o~ce oia '`~1' U ~ , and, if a mailing list is a[Irrclied, copies were ailed to the persons n th ist o N/A. By: , ~ Name: ~/ /~ /J~ ~~„U Title: ~~~ ~ ~~ y . f ~~ r, 3800 University Boulevard • West University Place, Texas 77005-2899 • 13•668•4441 • www.westu.org ~ ~ ~ , '. ,;:. City of ~est Uni~ersity P1ace A Neighborhood City ~ Recycled Paper ~~~~~,.~~ Form ZON-203 dec granting special exception, 12-04 11/30/05 300736753 ~~¢,Qn . , 1'` ~'r `° ` ~ Zoning Board of Adjustment 1~ ~~~ City of West University Place, Texas ("City") ~;r~ • A. . , : ~ Docket No. OS-19 ~ ~-' DECISION GRANTING A SPECIAL EXCEPTION Addressofbuildingsite: 6707 Buffalo Speedway, West University Place, Texas 77005 ~_- Legal descriptio~: of tl:e buildi~:g site: The South one-half (S ~) of Lot Five (5) , ~ ~ in block Four (4), of amending plat of West University Place, an ~•~~ ~° addition in Harris County, Texas, according to the map or plat !~ thereof recorded in Volume 444, page 560 of the deed records of A'~e Harris County, Texas. ' Y p ~ Applica~:t: Charles B. and Kendra B. McDaniel ~~. "~ Decisio~e orAction Requested: Applicant requests a special exception to ~ allow a maneuvering area/stub driveway in the front yard of the site ~ to provide a safer exit from the driveway onto Buffalo Speedway. ~ Briefing, Notice, Heariizg, Detern:inations, Vote: ~ (X) (if requirec~ Notice of pre-application briefing given on N/A and briefing held on N/A, in ~ accordance with the Zoning Ordinance. . (X) Notice of hearing was given by: Mail ~ and on-site posting, in accordance with Article 11 of the Zoning Ordinance, by Sallye A. Clark, Planning Assistant of the City. ' (X) Hearing was held on November 17 , 2 0 0 5. (X) Required findings and determinations have been made by the ZBA as follows: ( i) the proposed ~pecial exception will not cause any significant 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. SPECIAL EXCEPTION, Page 1 3800 University Boulevard ~ West University Place, Texas 77005-2899 • 713•668~4441 • www.westu.org (X) Additional findings and determinations (if any) have been made, as follows: N/A , (X) The vote was: ~ for,~ against this decision. Decision of tlie Zo~zi~zg Board of Adjustmeiat granting varia~zce (subject to all applicable appea[s): Under and subject to the City's Zoning Ordinance and applicable law, a special exception as specifically allowed by (identify the exact provision) Article 12. Prior Nonconformities, Section 12-102. Acquiring PNC status, (e) Certain Yard Encroachments of the Zoning Ordinance, is issued for the site identified above, but subject to the following: Otl:er Provisio~:s: THIS DECISION SHOULD BE RECORDED IN THE HARRIS COUNTY REAL PROPERTY RECORDS, AND THE COST MtJST BE PAID BY THE APPLICANT. UNLESS OTHERWISE SPECIFIED 1N THIS DECISION, ALL PERMITS REQUIItED FOR THE WORK CONTEMPLATED BY THIS DECISION MUST BE APPLIED FOR ON OR BEFORE THE 90TH DAY FOLLOWING THE EFFECTNE 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 DATE OF THIS DECISION. NO EXTENSION OF ANY PRESCRIBED TIME PERIOD IN THIS DECISION MAY BE GRANTED WITHOUT AUTHORIZATION FROM THIS BOARD. NEITHER ADDITIONAL NOTICE NOR HEARING IS REQUIRED FOR GRANTING A TIME EXTENSION. IF ANY WORK OR CONDITION IS NOT DONE WITHIN A PRESCRIBED TIME PERIOD--AND NO TIME EXTENSION IS GRANTED--THIS DECISION REMAINS IN EFFECT, BUT IT IS SUBJECT TO REVERSAL OR MODIFICATION BY THE BOARD WITHOUT ADDITIONAL NOTICE OR HEARING. ~ THIS DECISION APPLIES ONLY TO THE SPECIFIC ZONING ORDINANCE PROVISION ~ IDENTIFIED ABOVE. IT DOES NOT APPLY TO OR AFFECT: (A) OTHER REQUTREMENTS (SUCH AS, FOR EXAMPLE, REGULATIONS SITES, BUII.,DINGS 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 BUII.,DING & STANDARDS COMMISSION, THE CITY COUNCII, OR OTHER BODIES THAT MAY HAVE AUTHORITY TO ACT ON SUCH REQUIREMENTS. 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 ACTNITY, SITE OR STRUCTURE. TO OBTAIN A RULING FOR ANY OTHER ITEM REQUIRES SEPARATE APPLICATION, NOTICE, HEARING, PROOF AND BOARD FINDINGS. NOTHING IN THIS DECISION IMPLIES SPECIAL EXCEPTION, Page 2 THAT ANY SUCH FINDINGS WOULD OR WOULD NOT BE MADE BY THE BOARD. , , TH:IS 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 GR.ANTS NO PROPERTY RIGHT OR VESTED RIGHT OF ANY KIlVD. Effective Date 8c Appeals: Subject to any applicable appeals, this decision takes effect on the date it is filed in the Board's office (c/o Secretary of the Zoning Board of Adjustment, 3826 Amherst, West University Place, Texas 77005), unless otherwise indicated above. Any re-hearing of this decision is governed by the rules of the Zoning Board of Adjustment. 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. ,- `' - ° ZONING BOARD OF ADNSTMENT, =. F `~ ~ ~ :.~c-~ :' ~ CITY F WE T ERSITY PLACE, TEXAS ;,,~.-~ ~~•, __ ,r...,, C_ )• ' ~'~ ~;j c"3 ~~: G,a _... r~-w ~ . By: ~ i ~ `.1`w:'. ~ ~ Pre iding Of , oning Board of Adj ustment ~,,., ,,~• _, .., a j ~ 'v,~ ( . ~.~? STATE OF TEXAS . ~~ : ' ~ COUNTY OF HARRIS ~~ This instrument was acknowledged before me on ~ ~ (date) by e) as Presiding Officer of the Zoning Board of Adjustment of e C' of West University Place, Texas. ~ SALLYE A. CIARK ~ - MY COMMISS~ON EXPIRES ~ MAY 18, 2006 ~ (SEAL) ~ h ~ My commission expires: ~ (~ ~ This instrument was fcled in the Board's office on attached, copies were mailed to the persons on the list ~er recording return to: ~~ Sallye A. Clark Secretary, Zoning Board of Adjustment (Phone !~ City of West University Place 3826 Amherst Street Houston, Texas 77005 if a mailing list is 713-662-5843) ~p~n P~~~' ~p'~ wwp' ~~~CE ~ u~u~p',U~O ~IA~~~ E I~pp p~ U~jN THE STAT~ OF T~ COpNTY OF HARRIS I liere~r aNh tul tlAt Nie6umenl w~a fILEO in fle mpnber on tlie O~Ifldii~P~i~Y~e R~i ord~Mii Pro pA~of~N M~i Co~ Iy T~. ~~ NOV 3 0 1005 SPECIAL EXCEPTION, Page 3 ~~1° ~ ,/~ _ ~~~~ , / '~~~~ ~'f'r.~'~'' ~y9~ iEXAS ~ • ~ L_.J ~ Ci of ~est Uni~ersit P1ace . ~ tY Y ~~ A Neighborhood City Y271 \~' ~~41°~' !1~t'dec granting variance,l2-04 0?!21/p5 3Qp~7193u~~ g~~vOQ ~ Zoning Board of Adjustment City of West University Place, Texas ("City") Docket No: OS-O1 DECISION GRANTING A VARIANCE ' Addressofbuildingsite: 3824 Byron Street, West University Place, Texas 77005 Legat description of tl:e building site: Lot Three (3), in block Eleven (11), of Collegeview Addition, an ~ addition in Harris County, Texas according to the map or plat thereof .~ recorded in Volume 6, Page 44 of the Map Records of Harris County, Texas. Applicant: Aman U. and Barbara A. Buzdar , ~' Decision orActio~z Requested: Applicant requests a variance to allow the principle building to be 36.53 feet in height instead of the required 35 feet . ~ Notice, Hearing, Determinations, Vote: ~ (X) Notice of hearing was given by: Mail and on-site posting, in accordance with Article 11 of the Zoning Ordinance, by Sallye A. Clark, Planning ~ ~ Assistant ofthe C~ty. (X ) Hearing was held on February 17 , 2 0 0 5. (X) Required findings and determinations have been made by the ZBA as follows: (i ) due to special conditions, a literal enforcement of the Zoning Ordinance provision identified below would r~sult in unnecessary hardshig, (ii) by granting this variance, the spirit of the ordinance is observed and substantial justice is done, and (iii) this variance is not contrary to public interest. ()(°) Additional findings and determinations (if any) have been made, as follows: ~/~ ^ (x) The vote was: s for, ~ against this decision. V Decision of tl:e Zo~:i~:g Board of Adjustme~:t grantii:g variai:ce (subject to all applicable appeals): Under and subject to the City's Zoning Ordinance and applicable law, a variance from (identify the exact provision) Article 7,Table 7-4b: Principal Buildings, Height, maximumof the Zoning Ordinance is granted for the site identified above subject to the followi.ng: N/~ VARIANCE, Page 1 3800 University Boulevard ~ West University Place, Texas 77005-2899 ~ 713•668•4441 • www.westu.org Other Provisions: THIS DECISION SHOULD BE RECORDED IN THE HARRIS COUNTY REAL PROPERTY RECORDS, AND THE COST M[JST BE PAID BY THE APPLICANT. UNLESS OTHERWISE SPECIFIED IN THIS DECISION, ALL PERMITS REQUIRED FOR THE WORK CONTEMPLATED BY THIS DECISION MUST BE APPLIED FOR ON OR BEFORE THE 90TH DAY FOLLOWING THE EFFECTNE DATE OF THIS DECISION, AND SUCH WORK MUST BE COMPLETED IN ACCORDANCE WITH SUCH PERMITS (AND ALL APPLICABLE REGULATIONS) ON OR BEFORE THE SECOND ANNNERSARY OF THE DATE OF THIS DECISION. NO EXTENSION OF ANY PRESCRIBED TIME PERIOD IN THIS DECISIGN MAY BE GRANTED WITHOUT AUTHORIZATION FROM THIS BOARD. NEITHER ADDITIONAL NOTICE NOR HEARING IS REQUIRED FOR GRANTING A TIME EXTENSION. 1F ANY WORK OR CONDITION IS NOT DONE WITHIN A PRESCRIBED TIME PERIOD--AND NO TIME EXTENSION IS GRANTED--THIS DECISION REMAINS IN EFFECT, BUT IT IS SUBJECT TO REVERSAL OR MODIFICATION BY THE BOARD WITHOUT ADDITIONAL NOTICE OR HEARING. ~~ 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 RECENE ~ APPROPRIATE PERMISSIONS FROM THE BUILDING & STANDARDS COMMISSION, THE CITY COUNCIL OR OTHER BODIES THAT MAY HAVE AUTHORITY TO ACT ON SUCH REQUIREMENTS. 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 ACTNITY, SITE OR STRUCTURE. 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. THIS DECISION REMAINS IN EFFECT FOR AN INDEFII~TITE 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. VARIANCE, Page 2 .. Effective Date & Appeals: Subject to any applicable appeais, this decision takes effect on the date it is filed in the Board's office (c/o Secretary of the Zoning Board of Adjustment, 3826 Amherst, West University Place, Texas 77005), unless otherwise indicated above. Any re-hearing of this decision is governed by the rules of the Zoning Board of Adjustment. 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 witlun 10 days after the date this decision is filed in the Board's office. ZONING BOARD OF ADJUSTMENT, ,O~ CITY ,C~ WEST UNIVERSITY PLACE, TEXAS ; By STATE OF TEXAS Board of Adjustment COUNTY OF HARRIS ~ g a 1 O~ ) y mark P This instrument was acknowled ed before me on (date b ame) as Presiding Officer of the Zoning Board of Adjustment of the ity of West University Place, Tex - - - ,y-....._... ,,, .._. . ~ SALL`r[: a Ct..~~~K . ~~ MY CoMMISS~Or; r_:• =•• ~'E`: MAY 1 ~, 20Ub ~ ~ (SEAL) My commission expires: Notary Public This instrument was filed in the Board's office on I~ oC,,U , and, if a mailing list is attached, copies were mailed to the persons on th e list o(N/A) ~ ~'~9 By: . Name: /~/C 5L/ t7~/4/lJ (~, ~~SNd Title:.~~,7~.~ /~~Gh ~'!~~ ~er recording return to: / ~~~~Nw~x~sT~crsn~su~.w~TK.aau~a~n~o~sag~oa~ Sallye A. Clark J aaaeme~cws~a~caaa~n-r.~sxuwouowE~aac~u~u~a~o~uuw Secretary, Zoning Board of Adjustment TME STATE OF TEXAS courm oF -+~Ris ~ Ir~ pli~ h11i~ iroCUnwl ntl FLED'n FN Mmher Spurro~ an h dw n0 M h Ym~ City of West University Place ,~~p.;WwddgRECOADEO.YMdknlPrlfeRarY~fRrltroNry~lllrri 3826 Amherst Street ~T°~°~ Houston, Texas 77005 FEB 2 12005 (Phone #:713-662-5843) `~'~~~~~\~ ~ ~ N p ~ +:L COUN1Y CLERK Q ~+~ ~~ * HARRIS COUI~ITY, TEXAS ;.@, tr-- ~._ p "'" `.. •') .,~.~~^ t ~ ~ ~- ~ ~ J .- ~ :'~ ''~; RECORDER'S M~^j~RAfVDUM: i;~i~ instrumEnt was ~' ~ ~'. i ~ cn VAR/A l,t the time of recordal:cn, NCE, Page 3 found to be iradeq"~; %{~r t~ 4~~est photograph~~ ~~~on or t ~~~E~ ~'~ij~tY ~ ~'~= ~`1'" ~ 3 ~ reproduction G~c~usc ~ photo copy, discclc~~u p~?~r, etc. Atl blockouts EyE~e Present at the timF °~ ;;~ ~ * additions and changes t was riled and recorded ~ We i~strumen • • ~ A ~Cit ~ of ~est Universit P1ace . ~~-- y y J,~ A Neighborhood City . ~ Reeycled Paper Form ZON-201 dec granting variance,l2-04 Ol/12/OS 130055068~$ 3 S18.OD \~ Zoning Board of Adjustment ~ City of West University Place, Texas ("City") Docket No: 0 4- 2 0 DECISION GRANTING A VARIANCE Addressofbuildi~:gsite: 5708 Buffalo Speedway, West University Place, Texas 77005. Legal description of the buildiizg site: The East 10 0 f eet 'of the south ~ of lot ~ three (3), in block sixty-nine (69) of second addition to West University Place, a subdivision in Harris County, Texas, according to the map or plat thereof recorded in volume 538, page 147, of the deed records of Harris County, Texas. Applicant: Sterling Homes Corporation ~ 1~~ DecisionorActionRequested: Applicant requests a variance to declare the lot a legal building site with a minimum depth of 98.5 feet. Notice, Hearing, Determinations, Vote: ( x) Notice of hearing was given by: Ma i 1 and on - s i t e po s t i ng in accordance with Article 11 ofthe Zoning Ordinance, by Sallye A. Clark, Planning Assistant, ofthe City. (x) Hearing was held on December 16, 2004 . (x) Required findings and determinations have been made by the ZBA as follows: ( i) due to special conditions, a literal enforcement of the Zoning Ordinance provision identified below would result in unnecessary hardship, (ii) by granting this variance, the spirit of the ordinance is observed and substantial justice is done, and (iii) this variance is not contrary to public interest. (x) Additional findings and determinations (if any) have been made, as follows: (N/A) ( x) The vote was: 5 for, o against this decision. Decision of tlre Zoning Board of Adjustn:ent granting variance (subject to all applicable appeals): Under and subject to the City's Zoning Ordinance and applicable law, a variance from (identify the exact provision)Article 5, Table 5-1 Building Site DimensionsoftheZoningOrdinance is granted for the site identified above subject to the following: VAR/ANCE, Page 1 3800 University Boulevard • West University Place, Texas 77005-2899 • 713•668•4441 • www.westu.org , 1. "That 5708 Buffalo Speedway makes application to the Zoning & ~Plan~ing Commission for a replat of the property. This should be done in conjunction with the property to the north, but can be done independently if that owner refuses. 2. The rear yard or setback is measured from the new rear property line not the old line. Otl:er Provisions: THIS DECISION SHOULD BE RECORDED IN THE HARRIS COUNTY REAL PROPERTY RECORDS, AND THE COST MUST BE PAID BY THE APPLICANT. UNLESS OTHERWISE SPECIFIED IN THIS DECISION, ALL PERMITS REQUIRED FOR THE WORK CONTEMPLATED BY THTS DECISION MUST BE APPLIED FOR ON OR BEFORE THE 90T" 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 DATE OF THIS DECISION. NO EXTENSION OF ANY PRESCRIBED TIME PERIOD IN THIS DECISION MAY BE GRANTED WITHOUT AUTHORIZATION FROM THIS BOARD. NEITHER ADDITIONAL NOTICE NOR HEARING IS REQUIR~D FOR GRANTING A TIME EXTENSION. IF ANY WORK OR CONDITION IS NOT DONE WITHIN A PRESCRIBED TIME PERIOD--AND NO TIME EXTENSION IS GRANTED--THIS DECISION REMAINS IN EFFECT, BUT IT IS SUBJECT TO REVERSAL OR MODIFICATION BY THE BOARD WITHOUT ADDITIONAL NOTICE OR HEARING. 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, BLTILDINGS 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 RECENE APPROPRIATE PERMISSIONS FROM THE BUILDING & STANDARDS CONIMISSION, THE CITY COUNCIL OR OTHER BODIES THAT MAY HAVE AUTHORITY TO ACT ON SUCH REQUIREMENTS. 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 ACTNITY, SITE OR STRUCTURE. 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 MA.DE BY THE BOARD. 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 VARIANCE, Page 2 $EVOICED. THIS DECISION GRANTS NO PROPERTY RIGHT OR VESTED RIGHT OF ANY : ; KIND. ~ Effective Date & Appeals: Subject to any applicable appeals, this decision takes effect on the date it is filed in the Board's office (c/o Secretary of the Zoning Boazd of Adjustment, 3826 Amherst, West University Place, Texas 77005), unless otherwise indicated above. Any re-hearing of this decision is governed by the rules of the Zoning Board of Adjustment. 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. y (~~ GG ZONING BOARD OF ADJUSTMENT, 1~, ~ ~~ ~„ CITY OF WEST iJNIVERSITY PLACE, TEXAS ~~ ~~' -' = y ~n ~ ~ .-~ :-~ z: - ~ ~~ • ' N rn ==~n ' . ~' p By: <~..~',~ ~" ,1.. :.~.: Presiding O ~Zoning Board of Adjustment rn;; ~;~. ~ x ~ ' w STATE OF TEXAS "' `~ COUNTY OF HARRIS This instrument~ was acknowledged before me on 1- ~`- O~W ~(date) by ~(~ Q~'(~ ~ r~~~name) as Presiding Officer of the Zoning Board of Adjustment of the Ciry of West University Place, Texas. JOSIE MARIE OROSCO 'v~~~ ~+-Y COMMISSION EXPIRES JUNE 22, 2005 My commission expires: - d'~-~~~ ~~S~Q `r~~~~ ~1~`'~- Notary Public This instrument was filed in the Board's o~ce on attached, copies were mailed to the persons on the list on ~er recording return to: / Sallye A. Clark ~ Secr.etary, Zoning Board of Adju ent City of West University Place 3826 Amherst Street Houston, Texas 77005 (Phone #: 713-662-5843) VAR/ANCE, Page 3 ~J and, if a mailing list is wn nawa~ n~~ rn~a~ ~sn~crs nE s~. ~ a a4 ~ nE aua~o ~u v~aettr~ aaaa~c~rwewo~uoe~~eutuw. THE BTATE OF TEXAS COUNTY OF MARRIS I hM w~' hl li M~wl w fl~ M RNW r S~rn M Ne M d ~ b 1m1 p I~i~n•r,wrw~AE001~Ee.rrafdrrMleRw~~~w-ryrhaMhi JAN 12 2005 `za~"x~''~~~ ~~ . -~-~~,~ ,~ • • ~ ~~ ~ ~ ~ ~. ~ ,~ ~'`~ ~ , ~ ; Cit of ~est Uni~ersit P1ace ;y;~L- ~ Y y . I A Neighborhood City Zoning Board of Adjustment ~ RecyeledPaper City of West Un.iversity Place, Texas ("City") DECISION TO GRANT A SPECIAL EXCEPTION Y~391789 liJQ4/04 300512870 ~ib.00 Adciress ofsite: 3902 Browning Street, Houston, Texas 77005 Docket #.• 04-10 Legal description of the site: Lot Eight (8), in block Four (4), Collegeview Addition, according to the plat recorded in '~ volume 376, Page 33 of the deed records of Harris County, Texas. _ J Permittee/Applicant: Russell A. and Maria C. Moses ~ ~ ~:~ ~- Decision or Action Requested: Request for a special exception to allow the building site to have three (3) garage parking spaces instead of the allowed (2) spaces. Notice, Hearing, Findings, Vote: (X) Required notice iven by: Mail and on-site posting in accordance with Article 11 by Sallye A. Clark, Planning ~ Assistant City of West University Place. ~ (J~ Required deternvnarions have been made by the ZBA with respect to the special exception as ~;ranted below: (proposed ~ Special Exception will not cause any significant increase in on-street parking; proposed special exception will ~ not cause any substantial traffic congestion; proposed Special Exception will not cause any substantial I increase in traffic; proposed Special Exception will not cause an unreasonable burden upon utility systems or ~ upon any other public facility or public service.) ~ (X) Addirional findines (if any): Granting a Special Exception for the proposed structure will not unreasonably interfere with available light and air and will not signiticantly alter access for fire fighting and similar needs. ~ (7~ Hearing held on: August 19, 2004 ~ (X) The vote: Mark Plagens, Jean Howse, James Jordan, Dick Yehle and Richard Wilson voted for; no one opposed. ~ ~ Decision of the Zoning Board of Adjustment (subject to all applicable appeals): Under and subjeCt to the City's Zoning Ordinance and applicable law, a special exception as requested in Article 7, Table 7-4a: Garage Space, Note 1, Special Exceptions is granted for the site identified above subject to the following conditions: 1. This decision must be recorded in the Real Property Records of Iiarris County, Texas. The decision will go into effect once the decision is recorded and is in the Board's Office (c/o Secretary of the Zoning Board of Adjustment, 3826 Amherst, Houston, Texas 77005), City of West University Place. This special exception is for an indetinite period unless a temporary period is indicated above. This special exception remains subject to the regulatory ju'risdictioa of the City, and it does not grant any property right or vested right of any kind. E,~''ective Date & Appeals: This decision takes effect as 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. 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. 3800 University Boulevard • West University Place, Texas 77005-2899 ~ 713•668•4441 • www.westu.org ~y ~ ' Page 2 ZBA Decision, Docket 04-10 (Special Exception) By: Presiding Of oning Board of Adjustment JOSIE MARIE OROSCO . y ~ MY COMMISSION EXPIRES . JUNE 22, 2005 State of Te s County of ~~`( tS This instrument was acknowledged before me on ~~- C~ ~~~(date) by Mark Plagens, Presiding Officer for the Zoning Board of Adjustment. `~'~~sZ. ~(Y~~~ 1~1~5~ Notary Public's Signature (Personalized Seal) ~ ~~p IX P ~ I ~ ~ Nr Q~ ~ v ~ After recordin~ return to: Saltye A. Clark City of West University Place 3826 Amherst Street Houston, Texas 77005 Phone #: 713-662-5843 ~' ~ a~ a~ ~s~rvwo u~io ~'~aa~ wo~ ~m~u u~t y E STA E Of TEI~AS ~~ , ~J31NTV Oi NARR15, , I hreb~l ~lal MMa x+s;+unieM • m FILED in fle numEer~. In tlie daM en11t lie demD~d r.~eon bp mo: and vws duh p(fic;~ pubNe Recads o1 Rea~ Prcpedy c~ Harris C~"~7 Texas on ., ~~y ~ - 4 2004 .~~BC~'4s ti~~~)~~GO1f~" / s ~~4" OGINTYCLE~'~~ ~ HpRRIS COU T ~\` ~.y ~~ .' ~ ti R ~ ~ O , 1 ~ •d =,' = '~ i : ~ ... ~ ~.' ~ . 4 • _ ."S N . ~ ~ a ~~ • ' ~ 5~~: •, ~ ~. _~! f ' ~~ u~ ~ ~ ~ ~ ~` . ~ • ~ ! ^ ~ X~S7861 t`~~~ OSI20/04 3004d7017 ~14.00 ~L+ ' ~~ " ~ Cit of ~est Uni~ersit P1ace ~ -, y y ~ A Neighborhood City ` ~ R.~~~a~~~ ZO1vING BOARD OF ADJUSTMENT City of West University Place, Texas ("City") EXTENSION OF TIME Address ojSire.• 3211 Pittsburg/6500 Buffalo Speedway, Houston, Texas 77005 Docket Number: 03-09 Legal Description ofSite: W 50' X 100' of Lot 6, Block 31, Tract 2/E'100 X 100' of Lot 6, Block 31, Tract 1 ~ Of West University Place an addition in Harris County, Texas according to the map or plat thereof recorded in Volume 444, Page 560 of the Deed Records of Harris County, Texas Permittee/Applicant: B. Steve Neumann I~ Decision or Action Reguesced or Proposed: Granting of extension of time to obtain perinits 1nd complete the construction of the above project for variance issued on October 16, 2003. Recording date of the variance granted is January 8, 2004 and returned to the office of City of West University Place February 25, 2004. Notice, Hearing, Findings, Vote: ( X) Hearing held on: July 15, 2004 ( X) The vote: Mark Plagens, James Jordan, Jeann Howse, Richard Wilson and Dick Yehle voted to grant the extension of time, and no one opposed. ,; ~ This extension of t ime i s for an indefinite period, unless a temporary period is indicated above. T his extension remains subject to the regulatory jurisdiction of the City and it does not grant any property right or vested right of any kind. Effective Date & Appeals: The decision takes effect immediately. 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 judiciat review must be presented within 10 days after the date this decision is tiled in the Board's office. /,~ ~~ ~j : By~ Sa I lye l~. CI c~. Presiding Offi , Zoning Board of Adjustment ~i }~ ('~ ~e~t uY11 ~2f~ ~~ ~ PIA.n~~~~~ l~~v~5~~ 3~a~ ~~ State of Texas ~1 ~~ County of ~ f95 ~u~~~ T~~~-`3 ~~( ~3) tDlooZ This instrument was acknowledged before me on U (date) by Mark Plagens, Pr iding Officer for the Zoni Board of Adjustment. ~ SALLYE A. CLARK Notary Pub ~'s Signature •- n~v co~+reiss~oN exPiRes (Personalized Seal) MAY ~a, zoos 3800 University Boulevard • West University Place, Texas 77005-2899 • 713•668•4441 • www.westu.org (~ ~ ~~ ~ ~ ~ 4~ ~ ~ ~ ~ ~ , L urnrao~soM x~x wnai a~srwcts n~ suE, ~xru, a~ us~ a n+~ o~xse~n ~x vaovexneEC~usEaoaoaa+n~ s ~vumuouw~r~c~ u~+~o~wuuw. ~r+e sTnre oF r~us COUNTY OF HARRIS ~nu~ww`ryhtei~ iianinrtw, F~eo n Fie-Mmber scquroe onlemm na ~Insim~ W yad Mrca 1- ae, ~a~ m Euh RECORDEO. h Oe O~eii Pabk Recah d RMI WoPdq ol Naik Gaury. Tam m AUG 2 0 2004 ~~~~~~r~ ~ COUNTY CLERK * HARRIS COUNTY, TEXAS ~~ G n y ' ~ ~ ~-.-- "o ` ~ ; u~ ~: ~ u M ~_ ,• N _ ~~ 5~ O ._... ~ . . .' ~ .....? f~ ~!~~~` V "~ .r., ~., L .u „ ~~ `~ ~~rl ~ -i %-~ G~` ~p ~ ~, ~*1 r v~ .. N ~ ~ ~~ ~ ~ ~~_J ~ .~ ~ ~ ~ City of ~est Uni~ersity P1ace ~~L ~ A Neighborhood City ~ ~ ReoycledPaper ZONING BOARD OF ADJUSTMENT I City of West University Place, Texas ("City") ~ DECISION TO GRANT A VARIANCE ~~ 1 161.~ ~il.oo 01J08/0~ 30q3325S5 . .~ / Address of Site.: 3211 Pittsburg/6500 Buffalo Speedway, Houston, Texas 77005 Docket Number: 03-09 ~, Legal Description ofSire: W 50' X 100' of Lot 6, Block 31, Tract 2/E'100 X 100' of Lot 6, Block 31, Tract 1 ~~ , Of West University Place an addition in Harris County, Texas according to the map or plat thereof ~recorded in Volume 444, Page 560 of the Deed Records of Harris County, Texas Permittee/Applicant: B. Steve Neumann _. ( .(.~~ Decision or Action Regueste~l or Proposed: The request for a variance is to allow ~~e principal building to be taller than 25' in rear yard (at its existing current height) . 9~1 ~ Notice, Hearing, Finclings, Vote: 4~ ( X) Required Notice given by: Mail and on-site posting in accordance with Article 11 by Sallye ~;~~ A. Clark, ~ Planning & Development Assistant, City of West University Place. v~ ( X) Hearing held on: October 16, 2003 I(~ ( X) Required statutory findings made: Variance is not contrary to public interest; literal ~ enforcement of the ordinance would result in unnecessary hardship; spirit of the ordinance ~ is observed; substantial justice is done. ~~ ( X ) Additional Findings: None ~t~~ ( X) The vote: Mark Plagens, Michael Silver, John Rentz, Carolyn Galfione and Bill Ricl~ardson voted to grant the variance, and no one opposed. Decision of the Zoning Board ofAdjustment (subject to all applicable appea[s): Under and Subject to the City's Zoning Ordinance and applicable law, a variance from Article 7, regarding Table 7-4b: Principal Building, of The Zoning Ordinance is granted to the applicant named above subject to the follo~ving conditions: 1. This decision must be recorded in the Real Property Records of Harris County, Texas. The decision will go into effect once the decision is recorded and is in the Board's Office (c/o Secretary of the Zoning Board of Adjustment, 3826 Amherst, Houston, Texas 77005), City of West University Place. 2. If an application is granted by the Board, the written decision shall contain conditions as follows: (i) that all permits necessary for the prosecution of work shall be applied for within 90 days, or such othcr period determined by the Board and (ii) that construction shall be commenced and completed within two years from the date of granting by the Board, unless otherwise prescribed in the decision itself, or unless an extension of time is granted by the Board. No extensions may be granted by the Building Official unless authorized to do so by the Board. Neither additional notice nor hearing is required for granting a time extension. If any such condition is not fulfilled within the prescribed time, the decision remains in effect but is subject to reversal or modification by the Board without additional notice or hearing. 3800 University Boulevard • West University Place, Texas 77005-2899 • 713•668•4441 • www.westu.org ANY PROVISIONS HEREIN WHICH RESTRICT THE SALE, RENTAL OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS II~TVALID AND UNENFORCEABLE UNDER THE FEDERAL LAW. A CERTIFIED COPY ATTEST: ~JAN 0 9 2004 BEVERLY B. KAUFMAN, County Clerk Harris ounty, exas .._..~~ Deputy ca P Page 2 ZBA Decision, Docket 03-09 (Variance) /~ This v ariance i s for a n indeflnite p eriod, u nless a t emporary p eriod i s i ndicated a bove. T his v ariance remains subject to the regulatory jurisdiction of the City and it does not grant any property right or vested right of any kind. Effective Da~e & Appeals: The decision takes effect as 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. Under Chapter 211, petitions for judicial review must be presented within 10 days after the date this decision is tiled in the Board's office. By: Presiding State of Tf County of Board of Adjustment kECORpERS MEMORANDUM F~!•! BLACKOUiS, ADDITIONS AND GHANGES M'ERE PF~EgCNT aT 7HE iIME THE INSTRUMEfYT :`AS FILED ANp R~CORDEU. This instrument was acknowledged before me on i,~1~~r~~L~~~ (date) by Mark Plagens, Presiding Officer for the Zoning Board of Adjustment. ~~j ~,.~ ~~~1~ ~ ~~~j~ ~ , yivu~, JOSIE MARIE OROSCO Notary Public's Signature ~;°'~ ~~•~ MY COMMISSION EXPIRES, r~ '~~~ JUNE 22, 2005 (Personalized Seal) ~.- After recordin~ return to: Sallye A. Clark City of West University Place ~ ~ ,~, ~ 3826 Amherst Street ~~ ,, ~~ m Houston, Texas 77005 ~ ~ ~ Phone #: 713-662-5843 -~ ~ ao ~ ~ -~ n :~rn ~ ~~ ~ dNT PROVISION XEREW WHICH RESTRICTS THE SUF. REI(Ml, OR USE OF TNE ~ESCRIBFD REAL ~+l aC ~ ~ PAOPEA7Y BECAUSE OF COlOR OR AACE 6 NYAD AND UNENFORCFABIE UNOER FEDERAI WW. D THE STA1E OF TEXAS N ~ COUNTY OF FiARRIS I Areq eMii~ IAM O~b ntihuarl ru F0.EDh Fii NaBr Spiwre an Ih db rd ~ tlr inr ~ prrye0 haeon q w; rd.a ed~ AEC~EO, N Ih Olkid R6fe Ihoad~ dRml Pqrq dFYn Cwry,Tm on . JAN ~ 8 2004 ~ . ~a~O1~` °~~i//s,(l"r."`/ ~~ COUN7Y CLERK * HARRIS COUNTY, TE7WS ANY PROVISIONS HEREIN WHICH RESTRICT THE SALE, RENTAL OR USE OF THE DESCRlBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER THE FEDERAL LAW. A CER'TIFIED COPY aT-rEST: '~A N p 9 2010~- BEVERLY B. KALTFMAN, County lerk Harris C nty, Texas ( ~}`w'^rr--~ ......~~ 1/„ Deputy 4+~NBAGE ANDERSON -~~ ~"' t'*t ~ ~ ~ ;, • l~ ~ / ~ /~ ~- . ~~~ l, ~~, u~• . ~ • • • ~ ,~ 4 ,~ City of ~est UnYVerslty P1ace ~ ~ ~ ~ ~ A Neighborhood City ~ ~ Recycled Paper ZONING BOARD OF ADJUSTMENT City of West University Place, Texas ("City") p$~Zpl03J 0 19 ~ 7$ s13.00 I~ DECISION TO GRANT A VARIANCE Address of Site: 3816 & 3836 Bellaire Boulevard Docket Number: 03-04 ~ Legal Description ofSite: Lots 27, 28, 29, 30 and 31 of Cambridge Place, s subdivision out of the AC ~~ Reynolds Survey, A-61 in Harris County Texas, according to the map or plat thereof recorded in Volume 4, Page 55, of the map records of Harris County, Texas. Permittee/Applrcant: St. Marks Episcopal Church and School ~~'~ ~~ Decision or Action Requested or Proposed: Request for a variance regarding Table 7-2: Yards (or 'setbacks') of the Zoning Ordinance. The request for a variance is to allow construction of a new educational building with a 20'-0' side setback along the east property line. Notice, Hearing, Findings, Vote: ( X) Required Notice given by: Mail and on-site posting in accordance with Article 11 by Sallye A. Clark, Planning & Development Assistant, City of West University Place. ( X) Hearing he(d on: March 20, 2003 ( X) Required statutory findings made: Variance is not contrary to public interest; literal enforcement of the ordinance would result in unnecessary hardship; spirit of the ordinance is observed; substantial justice is done. ( X ) Additional Findings: None ( X) The vote: John Rentz, James Jordan, Jeann Howse and Steven Segal voted to grant the variance, and no one opposed. Decision of the Zoning Board ofAdjustment (subject to all applicable appeals): Under and subject to the City's Zoning Ordinance and applicable law, a variance from Article 7, Table 7-2: Yards (or'setbacks') of the Zoning Ordinance is granted to the applicant named above subject to the following conditions: 1. The request for a variance is to allow construction of a new educational building with a 20'-0' side setback along the east property line as provided in the attached site plan, that will remain unobstructed with the exception of a fence if they chose to build one that will be parallel at the property line with the approval of the Fire Chief. 2. Access gates shall be installed on East and West College for Fire Department Access only. 3. The applicant must record this decision in the Real Property Records of Harris County, Texas. The decision will go into effect once the decision is recorded and a certified copy is returned to the Board's Office (c/o Secretary of the Zoning Board of Adjustment, 3826 Amherst, Houston, Texas 77005), City of West University Place. 4. All permits necessary for the prosecution of the ~vork shall be applied for within 90 days and construction commenced and completed within two years from the date of granting by the Board, unless otherwise prescribed in the approval itself, or unless an extension of that time is granted by the Board. No extensions may be granted by the Building Official unless authorized to do so by the Board. . 3800 University Boulevard • West University Place, Texas 77005-2899 • 713•668•4441 ~ www.westu.org P~.ge 2 ~ ZBA Decision, Docket 03-04 (Variance) This variance is for an indefinite period, unless a temporary period is indicated above. This variance remains subject to the regulatory jurisdiction of the City and it does not grant any property right or vested right of any kind. Effec[ive Date & Appeals: The decision takes effect as 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. 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. By, State of Te s County of ~~~~~ .x ". `` W L ~' .ia :J:"y ei S"•a ./f ~ F 4 •~ .:;e '• N ~~- '~'• p c,~ :'t =~'' =T ~~ ~,, ".._ ~~ ~ - ~ ~ -: x N ~ ~ . ~ r rn 0 This instrument was acknowledged before me on ~. -~(date) by Steven Segal, Presiding Officer for the Zoning Board of Adjustment. ~~~-sz- CY~~~i s~ ~YC~~ r......... JOSIE MARIE OROSCO Notary Public's Signature • MY COMMISSION EXPIRES (Personalized Seal) JUNE 22, 2oos Filed in the Board's office and original forwarded to applicant for recording on .:J~ p Q by: Sallye A. Clark, Plannin~ Assistant. ' ~bt, SS~~ SALLYE A. CLARK Planning Assistanl Planning Division . Phone(713)662-5843 Fax(713)349-2769 City of West Universii.y Place ~ 3s2s ~~ru~xsr sr~;L-r ~ ~v~sT L~~n~:x.srn~ r~~c~, ~.L~s ~ ~oos-~o _ ~aion: ~~rk~.•~s~~~.mK wcbsite: aww.westu.org . -, ia~rxscu•.a seerttseu•wi tti ~e,~l; ; ;l~, O s : ec~rctou~t•w.~a+ o ! OOto11~6'w~1n~c300B6 • ~l~~i~~ij ~~ ~ . ~ ~ [ ~.. ~ ~ • ,~ ~ ~ ` S1~311H~21t/1'IOH NHW12l2i3W ~ ~' ~`` ~ilt~~t~~j~~!I~ Z a ~ ~ ~d ~ ~ooy~S'8 4~my~ ~ ~~ ' ~ Ea~~l3l':'ji~ S ~ ~ ~ ~ 444 ~edo~sid3 S~~I~~W '~S `~~i~l~~f~~[f~ ~ ~ ~ ~ ~ ~ I~ ~S ~ B Ry i ^ p 8 ~ ~§, - ~.; ,,; .~ ~. • .. .._. _ .. . ~ [ ~~;t`~-'; ~ '."'1•:~iy' S i !. dt(.~?.i:::Y'...~:~. ~ ~ ! r:;y~t ; g ~^ . 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I Q 0 ' n• d.+'es: 1,.`a' ~^t",'~,zgY`'-t,~ ~"L~ e: ~; ~ ~ = p ;~~ , , ~~: ~~ :r;;n «:; r~~„a'~:`:c ~'a!;,-2 n . ~`. ~ ~I R ~; •, ~ ,T~~,`~~:w';~~~t'~' '~~o.~. t N ~ ? a'.~r' e ~ ~ ~ ,~ z 2 ~ ,.''z '~ ~O~ ~ ~~ I ~ ~ 't: _ ~~~. ~k+:,~....~j~&. ^ f d :li~; : y f,~ ~F, F J ~ , . .. •~. z ~ e w~ WW /' ~i ~ °_ ~ i ~ o ~ bo 00 ~ ~ • , Q , ~ o~_ --- ~ W~ ' o~; ~- ° I -t ;,: r. 2 •~11 Z~ ~b t• .!t.,l: V N4 . .. . r , ~g~ ~ ~ ~~~ ~ ~~~ ~ ~ ~Rtl N 1 ~ o ~ ~ L 1f~ ~ i z i ~ I - i 0 N~ E I W U~1 ~ ~ ( . ~ ~ g ~ i ~ ~ ~ ~ ~ ~ ~ ~ ~~ ~~° ~ ' ~n p ~ ^ • f° p -- " ~ •-- I H ~ zQ ~--~ xz I j ~ . r ~ t1 ~ ZUR'Q I J I '~ w~ ~~~ ~ ~ ~I ~ ~~ ' ~ ~ ~ W°Q ~ ~ .~ , ~ _ { ~ ~ ~ , ~ Wp~~ af ~' r'1 ~ ~ I ~ ~ ~ AN1 PROVISpN I&REW NMICII RESTAICi51HE SAIi, dENiAL, DR USE OF iHE DESfABED REILL iROPEAICBECAUSE OF WIAROR IUCE 6 NYAUDAI~UNENFORCFABIE UN~RFEOERAI UW. THE STATE OF TEXAS COUNTY OF HARRIB Iherr~uAN/tlM tlq iet~aat was FLED'n Fde NmbaSeQwic~ m6rd~Y oitl tl lm Yn~ qmMed Memb~ ~ee;~neruMi~RECORDED. Y Ihe Ofid~IPeWe R~dRrlPio~rrydHm'a CaNp,Tmim MAY 2 0 2003 ~ ~~'~~~~~ couNnr c~~rtK ,t HARRIS COUNTY, TEXAS ~~ , ~ ~ ~ ~ .' ~' _ , i y . ~~'~ City of ~est Uni~ersity Placef ~ • A Netghborhood LYty Zoning Boazd of Adjuatment ~"'q~;° P1'0" City of West Univecsity Place, Texas ("City") ~ DECISION TO GRANT A SPECIAL EXCEPTION W~74QE+s si3.oo ~ • 04/i1J0E 100114~15 ~ .. y Address ojstee: 3505 Bissonnet Dockee #: U2-02 ~ Lega! descrfptlo~ ojthe eite: Lot 1 and 2, Block No. 92, Wost Unlverelty Place, 3ecoud Addftlon, Harrla County, Te:oa (Othernlee Imown as: The 1S0 l~t. Y 250 t~. 8outhwest Corner of Sieeonette and 3ewonee, tagether wlth nlt Imprnvements therooa, and be(ng eame property from Bnyard G. Gaylor, et al by deed recorded In Volume 7960, Page 67, oP the Deed Records o[Harrls County, Tezas.) according to the map or plat thereof recorded iu Votumc 338, Pege 147 ot the Deed Records of Harrl~ Coonly, Terns. Permtflee/Appllcant St George Orthodox Church 1~~.•~ DecErlon ar Aclion Requested: Request for au amendment to on csistlng Spectul Euceptloa (Docket 99-11) regarding Artlcle 12, Prior Non-Contormittee, Secdon 12-105, SpeelN EzcepUons to extend PNC Statu9 M add aa eduesHonul build[ng [or cLurch usa - - Nottce, Xearing, Firtdtngs, Yote.• ~ (JL) Reqpired eotice 'v~ en bv: Mafl and onaite pattng 1n nccordaoce wtth Artlcle 11 by 3allye A. Clark, Ptanning & Development Aasiatant Clty ot West University Place. (7Q ~iired determinationa hava been made bv tha ZBA wifh ceeoect to the aoeciel exceptian as ~anted helow; (propoaed Speelul Exceptlon wlll aot csuee any signiticant increnao In on~treet parking; proposed apeclel rsceptloa w111 not cause any • au6stantlal trattic congestton; propoaed Special Ezception wlll not cauee any subatantlul incrense ln trnflIc; proposed Specinl Excepdon wlil not cause an unrensonnble burdw upoa udllty systeros ar upon any other publlc fscfllty or publlc aervlce.) (X) Additional6ndioas (if any): GrauNn~ s Special Excepttoa for t6a pmpoeod etracture wlll not anreasoaably interfera wlth uvalleble lig6t and air andtiwlll aot algalflcaatly alter access [or ~re figLdng nn~ simllar need9. (7n Iienrin hag !d on: February 21~ 2002 (7Q The vote: Mlc6aet 3llver (voting alternate), John Reuta, Corolyn Galtioue (voting nlteranto), Michoel Neal and Stevea Segal voted far, no ooe oppoacd. Declston ojtbe Zoning Board oj'AdJusOnent (su6Ject to a!~ app/tcabfe appea/s): Under and aubJect to the City's Zooiog Ordtnnnce ' and appllca6le law, u apeclsl escephou as requeated and as speciftcally allowed by Sectlon 22-lOS. Snecinl Excentiona to ~xtend PNC Stntua o[ the Zoning Ordloanco, i~ grented [or the elh (denti~ed abovo aubjeet to the following: 1. Agreemeot wlth Clty StefP wtth regard to oa street parldng and to sldewalke on Mercer and Sewnnee Includiug the granttnQ to tho C[ty o[ approprlate euaemenb. 2. Prevlow Decbloa Docket 99-11 attached. 3. The appUcant muaf record this decision ia tha Real Property Reeorda of Harrl~ Coanty, T~ua The declalon wiLL ga luto eIIect onco tho deci~[ou 1~ rewrded and a certlfled copy la returaed to the Board's Ot11ce (c% 3eeretury of the Zoufng Board o[AdJustment, 3826 Amherat, Houaton, Texaa 7700~. City o[ Weat Unlversity Placa Tdta apeclnl excepdon Ls tor en Indefluite period unle~a a temporary perlod Is Indlcuted above. Thle apecial exceptton remalna subJect to the reguletary JuNsdlcflon ot tho Cfty, aad It doe~ not grnnt any property rlpht or veated dpht of ony kind. B,~ecttve Da~e & Appea/s: Thb declslon tnkes eftect aa tndlcated above. Aay appeals of thts deciafoa are anbject ro anil governed by appllcable ordlnancee and laws, Iacluding: tLe Zonlog Ordlnunce and Chaptor 211, Tex. Local Government Code. Under C6apter Zll, petiQona [or Judtclal revlew must be presented withln 10 daya utter the date thia decislon b flled in the Board's ~lice. 3800 Unlverairy Boulevard • West Universiry Piace, Texes T/005 2899 • 713•668•4441 • www.westu.org ANY PROVISIONS HEREIN WHICH RESTRICT THE SALE, RENTAL OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER THE FEDERAL LAW. A CER'TIFIED ~~ 2 3 2003 ATTEST: BEVERLY B. KAUFMAN, C nty Harri,~ County, Texa~, , CH~1I~~DA A. ROYER ~ ~ , , •, ~ ~~ VZ ~ ~ ~ A ~ 8ge 2 BA Decision, Docket 02-02 ~ ti~ BY. Presiding O cor, ning B of dj t State o[T ' County of~~~ Th1s instrument wns acknowledged before ma on ~ 0.w date) by Steven Segal, Presiding Ofiicer for the Zoaiug Board of AdJustmen~ rf~~~.Q...Y1(`G1l.l~.. ~VI~C-~'~ ~osie nenaie oROSCo 1Votary Publlc's Signature ~rr coMMiseio-~ e~w~r~s ~ (Personallzed Senl) J~JNE Z2, soos ~ ~ Filed ia the Board's office and riginal forw to app i ant for rec ing on J ~~ by: Development ~~~` ~7v ~ 3~a~ , ~ ~ ~ ~ flf~er Rec~xdi Pl~e 'f~e~u,r~n~o :: ~.~ ~ ~_~ ~~~: ~ _' ~ CI OF W~~~ uY11v~2r~ ~, _°; _ --= ~ ~~ 1, ~ G, ~ `~lctv~r-1 ~1v~on :~ <<: ~ : ~ 38~~ ~ ~~ ~ ~ H~.u~n ,~T~ ~~oo~ N ~ ° • ANY PROVISIONS HEREIN WHICH RESTRICT THE SALE, RENTAL OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER THE FEDERAL LAW. A CERTIFIED COPY A.~ST: AP R BEVERLY B. KAUFMA 2 3 2003 Deputy CHAVONDA A. ROYER ~ ~~' ~ ~ :~ M ~ • i ~ . . ~~ .~ ~ ~ ~ ~ ~}" ~ ~ • ~ ' ~ ~' ~ity of ~4'est U~n.ive~rsity P1ace ZONWG BOARD pF ADJUSTMENT GYty of Weet University Place, Texas ("City") ' ~ ' DECISIQN TO GRANP A SP~QAL EXCEPTION _ Address of Stts: 3505 Blssonne! • . -. .~. . ._ . . ' ' i1~,. . . .. Legal De,rcriptton ofSite: Lot 1& 2, Block 92, West Univeraity place Second Additlon ~' ~ Bnilding Permit Num6er: PermitredApplicantr Sk George's Church ' ~ .. Dectsfon o;Action Ragueated pr Prpap,ped A, ~eqy~qt Yor special exception to authorJae Chtfrch use snd a New Day. ' Care, ma~imum of 60 clilldren (using exlsting educatloo fndlides) in•a Single Fnmily Distrtct Notfce, Haartng, Ftxd(ngs, Votc: ~ . ( 7C ) ~Required aoHce given by: Meil and oa~(te postlng in accordance w1t6 A'rttc~e 11 by ~ Leslle Moatisaao, Plannfng & Developmeat A,ssiatant ' ,, • City of West Unlversity Place •(%) Required determinations hnve been mado by the ZBA with respect W the speclsl exception ea granted below: ~ x ~ ''ldditi°nN Fkdin@s: Proposed specla! escepttoa wi11 not cuuse a~ s{gnipcant lnccease in on etreet ' , P~'~8; pmposed apeciel excoption wl1l aof enuse any eubstuntial traffic congeatton•,' propoeed speciet eacception will not cause any subymnifallnereese in traf~te; propoged apedal excepflon w!!I not caase en uareasonnble hwden upoa utlUty syatems or upoa eny other publfo facllity or publlc . aervice; and tLe proposed apeclel eaceptloa wlll6e !n hermony wlth the geaerel purpose ead iufent oF this ordinanca. . ( X) Heariag held on: September 16,1999 • ( X) The vote: Frenk Billings, Steve Mazofi, Mark Plagens, Sue porretto, und 5teven Segel for, no one opposed. • . Decisfon ojlhe Zoning Board ofAdjusdnent (aubject to a!1 applicable appea-s); Under and aubJect to the•City's Zoning Ordlnance and applicable, law, e spedal exceptlon to !'allotv a new Day Care (maaimt~m o~ 60 chUdre~, whlch will °P~'°~ ~on~Y t1tt'o¢gh Friday during the houre of 8:30 a.m. and 2:00 p.m, es en accesso~ry use as alFowed by Table - 7•1 of tho Zoning Ordinence, is granted: (~ to the permitterlappllcaat nomed above, (ll) to operate e dsy cate at 3505 Blssoanet, •nnd '(ifi) subject tb the foIIowing condtttona (iP aqy); A treftic plan wlll bo implemented to enaure lraf~ic- aloag Mercer and Sewanee 1s kept to a mintrimum during daycere honra. T6is spxiel axceptlon !s for aa indefinita pertod unlesa a temPor~ry Period ia indicated above. This spedai excapHon remains aubject to the regiilatory jurisdibtion ot'the city, and It daes not grant any property right or vested right of any Idnd. F~ective Date c4 Appeel~; ~'hte dectsion tnkes et~'ect on tho dete it is filed in the Bonrd's offlce (do Secretnry of the Zoning Bo~rd ot Aajustment, 3800 Universily Boulevard, West Universlty Place, Texes 77005) unless othcrwise iodleated above. Any eppeals oi th(s deciston nre su6ject to and governed by applicable ordlneace"s end lews, including: the Zoaing Ordlnance snd Chapter 21I, Texos 7,oca1 Gorernment Code. YJnder chapter 221, petiHons for Jnd1c1a1 reriew must be presented wlthin 10 dnys sfter the dete tl~is dec(sion Js Piled In the Board's ofHce. ~' - Arre.rr: ,'~~~~D7t~6DCl.~...t7 aiiperaoa, Zoning Boazd of Adjuahnent Staff Representative, City of Wwt Univeraity Placd Filed fu fhe Bmrd'a offiae ~Q~j) p~ Qp~L'4 DM)'Al1.l By. ~u.~S~~ ; l~and copip muiled (les~et~eeha~~y~ oa `~ . . ~ C~~~ ~ ANY PROVISIONS HEREIN WHICH RESTRICT THE SALE, RENTAL OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER THE FEDERAL LAW. ~" ~ A CERTIFIED COPAP R 2 3 Z003 ATTEST: BEVERLY B. KALTFMAN,/~pat~tq~erk Harris County, Texas C;-t~W~N~A A. Rd~~~ .~~ . ~ '~ ~ ~ , , . ~ xnn~xt~r~a~s~orn~a~u.emx.auaanuo~aumr~tx niaem~uxnmmaa~e nrxnaouti.a~ ieiou-roewux. ~ TNE BTATE OR T~(A8 COIAJTYOP FWiR18 ~~1~I~MMMwiw1U06ti~N~eEr&wseM/6~d~h6w M M pE ~ w l ~ r~ ~b R ~ LqG~Y M OtdihlYRwr6dArllyq/q~h ~ APR 1 12~3 ~ ~~~~ ~ ~o~~~ ~ ~ ~5~~.,~ ANY PROVISIONS HEREIN WHICH RESTRICT THE SALE, RENTAL OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS.INVALID AND UNENFORCEABLE UNDER THE FEDERAL LAW. ' A CERTIFIED COPY ~ ~ AP R 2 3 2003 AT'TEST: BEVERLY B. KALTFMAN, Co~nt~ClE Deputy -.~_ cHAVO~oa A. ~o~c~ `~ . . - ' C~ ~~ ~ Address ofsite: 3505 Bissonnet Docket #: 02-02 Legal description of the site: Lot l and 2, Block 1~To. 92, West University Place, Second Addition, Harris County, Texas (O therwise known as: The 150 ft. x 25U 1't. Southwest Corner of Bissonettc and Sewanee, together with all improvements thereon, and being same property frum Bayard G. Gaylor, et al by deed recorded in Volume 7960, Page 67, of the Deed Records of Harris County, Texas.) according to the map or plat thereof recorded in Volume 538, Page 147 of the Deed Records of I~7arris County, Texas. Permitt.ee%4pplicant.• St. George Orthodox Church Decision orAction Requested: Reguest for an amendment to an existing Special Exception (Docket 99-11) regarding Article 12, Prior Non-Conformities, Section 12-105, Special Exceptions to extend PNC Status to add an educational building for church use. Notlce, Hearing, Findings, Vote: (X) Reauired notice given bv: Mail and on-site posting in.accordance with Article 11 by Sallye A. Clark, Planning & Development Assistnnt City of West University Place. ~ (X) Required determinations have been made bv the ZBA with resnect to the snecial excention as granted below: (proposed Special Except~on w~ll not cause any.significant increase in on-street parking; proposed special exception will not cause any substantial trafFc congestion; proposed Special Exception will not cause any substantial increase in traffic; proposed Special Exception will not cause an unreasonable burden upon utility systems or upon any other public facility or public service.) (X) Additionai findin~s (if any): Granting a Specia! Exception for the proposed structure will not unreasonably interfere with available light and air and will not significantly alter access for fire fighting and similar needs. ~ (X) HearinQ held on: February 21, 2002 (X) The vote: Micl~ael Silver (voting alternate), John Rentz, Carolyn Galfione (voting alternate), Michael Neal and Steven Segal voted for; no one opposed. ~ Decision ofthe Zoning Board ofAdjustment (subject to al! applicuble appeals): Under and subject to the City's Zoning Ordinance and applicable la~v, a special exception as requested nncl as specifically allowecl bv Sectioi~ 12-105, Saeci:il Exceotions to Estend PNC Status, oi'the Zoning Ordinance, is granted for tfie site identitied above subject to the following: 1. Agreement with City Staff with reg~rd to on street parking and to side~valks on Mercer and Sewanee including the granting to the City of appropriate e~sements. 2. Previous llecision Docket 99-11 ~ttached. 3. 7'he applicant must record tl~is decision in the :Real Property .Records ol' FIarris County, Texas. The clecision will go into effect once the decision is recorded and a certified copy is returned to the l3oard's Oflice (c/o Secretary of tl-e Zoning Board of Adjustment, 3$26 Amherst, :Houston, Texas 77U~05), City of ~Vest University Place. This special exception is for an indelinite period unless ~ te-nporary period is inclicated above. Tt~is special exceptio~i remains subject to the regulatory jurisdiction o!'the City, and it cloes not gr~nt any property i•ight or vesteci right of any kind. Effective Dnte c~ Appeals: This decision takes eTfect as indic~tecl above. Any appe~rls of tliis decision are subject to a~~d governed by ~pplicable ordinances and I,~vvs, including: the loning Ordinance and Ct~apter 211, TeY. Local Government Code. Under Ct~apter lll, petitions for juclici~l revie~v must be presented ~vitl~in 10 clays after the clate this deeision is liled iii tl~e Board's ,office. ~.1 3800 University Boulevard ~ West University Place, Texas 77005-2899 0 7130668~444.1 0 wwtiv.-vesta~.org Page 2 • LBA Decision, Docket 02-02 ~ , ~ ~ By: ~~ ' Presicling fcer, Zoning Board v Adj~ ment State of T s County of~ ~,~ ~ ~ This instrument was acknowledged before me on .. ~~~7~ date) by Steven Segal, Presiding Ofticer for the Zoning Board of Adjustment. S~~ ~, ,~~C~ ~, ~~ S~ ~~~~ """"~ JOSIE MARIE OROSCO Notary Public's Signature ~+ . MY COMMISS~ON EXPIRES (Personalized Seal) ~~,I ~UNE 22, 2oos Filed in the Board's off~rig~ al forwarde t pplicant for record' g on ~ O~ U~ , b: Plannin nd D~~ velopment Assistant. ~ , , (~ ~~Jv~~ ~ ~. 3.~~ (~J rf ~ d 5~ ~ ~~ ~ 770 ~ .:: .:.... ~~~. Cit~ o.f ~e s t ~CT~i~e~ ' . , . 3~ slty ~'~ace ~ ZONIIVG BOARD OF ADJUSTMENT City of West Univeisity Place, Texas ("City") ' DECISION TO GRANT A SPECIAL EXCEPTION .Address of Site: 3505 Bissonnet • . . . • ~ . . . . .a . . . . . . . . . .. . . '. . -. . . ' 'l/ i~ ~ Legal Description of Site: Lot 1& 2, Block 92, West University Place Second Addition ~~~ Building Permit Number.• Permittee/Applicant. St. George's Church Decision orAction Reguested or Proposed: A r.~qu~st.f.orsp.ecial .exception to authorize Ch~ir.ch use and a New Day.. . ~ Care, masimum of 60 children (using existing education facilities) in:a ~' Single Family District. Notice, Hearing, Findings, Yote: ( X) Required notice given by: Mai! and on-site posting in accordance with A'rticle 11 by Leslie Montisano, Planning & Development Assistant ' , ~ City of West University, Piace (X ) Required determinations have been made by the ZBA with respect to the special excepdon as granted below: . • ( 7~ ) Additional Findings: Proposed special exceptioa will not cause any significant increase in~on street parking; proposed special exception will nof cause any substantial traffic congestion;' proposed special~ exception will not cause any substantial increase in traffic; proposed special exception wil! not cause an unreasonable burden upon utility syste'ms or upon any other public facility or public service; and the propose~t special exception will be in harmony with the general purpose and intent of this ordinance. ~ . ( X) Hearing held on: September 16.1999 ( X) The vote: ~ Frank Billings, Steve Mazoff, Mark Plagens, Sue Porretto, and Steven Segal for, no one opposed. ~ ~ . Decision ofthe Zo~:ing Boarrl ofAdjustment (subject to all applicable appeals): Under and subject to the~City's Zoni~g Ordinance and applicable, law, a speciai exception to~."allow a new Day Care (maximum of 60.children), which will operate Monday through Friday during the hours of 8:30 a.m. and 2:00 p.m., as an accessory use as altowed by Table 7-1 of the Zoning Ordinance, is granted: (i) to the permittee/applicant named above, (ii) to operate a day care at 3505 Bissonnet,'and ~(iii~ subjPct to the .following condition..c fif any): A traffic plan will be implemented to ensure traffi¢ along Mercer and Sewanee is kept to a minimum during daycare hours. This special exception is for an indefinite period unless a temporary period is indicated above. This special exception remains subject to the regulatory jurisdiction of the city, and it does not grant any property right or vested right of any kind. Effective Date c4c ~lppeals: This decision takes effect on the date it is filed in the Board's of~ce (c1o Secretary of the Zoning Bo~rd of Adjustment, 3800 University Boulevard, West University Place, Texas 77005) unless otherwis.e indicated above. Any appeals of this deci5ion are su6ject to and governed by applicable ordinances and laws, including: the Zoning Ordinance and Chapter 211, Texas Local Government Code. Under chapter 211, petitions for judicial review must be presented within 10 days after the date this decision is ~led in the Board's office. . By: P^~.e-t' ~@~~A ~' ~~ Clha~rperson, Zoning Board of Adjustment R ~ /~tt¢St.' ~ t ~l J ~ (,(~(,,~•(~ ~ Staff Representative, City of West University Place Filed in the Board's o~ce o~ ~~'`~p 'L~'"~"~ ~'~ q ~;~~ ~ r~ ~ F 4 and copies mailed (see.at~EeeFie~k-rttai{tr~.p.}isE) on` Yl. ~" x, ~y: • ~'. ~~ . . ~ ~ • , ~ ~- f~048055 ~ „ ' e ~. City of West University P1ace '~ A Neig/~6nrhood Crty • Zoning Board of Adjustment ~ R~~P~~r City of West University Place, Texas ("City") llf;C7SION'f0 G.RANT A SPECIAL CXC.E.PTION OB/30/02 300831148 11048055 f31.00 ~~ Address ojsire: 3816 .F 383613cllaire ISoulc~~:-rd Dockel #: U2-01 5 Legnl de.rcrrplion ojrhe sile: Lots 27, 28, 29, 30 and 31 of Cambriclgc {'lacc, a subdivision out of tlie AC Reynolcls Survey, A-61 in I~Inrris County'fexas, nccording to tl~c m~~i or plat tliereof recordecl in Volume 4, Pnge 55, of the map records of I~Inrris Connq~, Texas. Perniitlee/Applkaur: St. Marks F,piscopal Church :md School , /~iL"~ .I Decision orAc~ioii Req~~es~ed: itequesl for a Speci:il Lxception regarding Arlicle 12. 1'rim• Non-Conformifies, Seclion 12-105, Special Exceptions of the Zoning Ordin~nce to ertend PNC St:~tns. '1'I~e request for the Speci~l Cxccption is to :~ufhorize Ihe existing church and scliool use and ihe addition of n nerv educsdiminl buiiding in a singlo-f~mily district. ~ A'olice, 1•learirtg. Findiwgs, Vole: d~ (X) Rcauired nolice eiven bv: A7ail and on-site posting in ~ccordance will~ Arlicle 11 by Sallye A. Clnrk, ri~~~~~~~s ~c ~ Uevelopmenl Assistant City of West University Place. (X) Reauired determinatione have been made by the ZDA wilh resoect to the snecial exception as granted bclow: (proposed Special ~ Exception will not cause an}' slgnificant increase in on-street parking; proposed specinl cxception will not cause nny ~ subslnntial truffic congestion; proposed Special Exception ~vill not cause any substanfial increase in traffic; proposecl ~ Specfal Exception w•ill not caase on unrcason:~ble burden upon ulilify systems or upun any otlicr public fucility or public ~ scrvice.) ~~' ~ I (~) Additional findines (if any): Cranting u Spcciol Exception fur tl~e proposed struclure ~r•ill not unre~sonably interfere ~~•ith N available Iight ~nd alr and ~rill riof signifcantly alter nccess for Rre fighfing ~nd similar nceds. (X) I~carine lielcl on: Febniary 21, 2002 « (X) The vote: Nlichael Silver (voting alternate), Jol~n Rentz, Carulyn C~Ifione (voting alternate), D1ichael Ncal and Steven (~ Segal voted for; no one opposeJ. Decision ojll~e Zating Boarr! ojAdjuslmeiit,(suGject to a!/ applicaGle appeals): Uncier and sul~ject lo the City's Zoning Ordinnnce ~ and npplicable la~v, a Special Exceplion autl~orixing the existing church and existin~ accessory uses in a Single ~amily 1)islrict ~s speeificully :illowed bY Seclion 12-105, S~ecial Exeeotions tn Extencf I i`C Status, of tl~e Zoning Ortlinance, is granted for tl~e site Idenlified abovc subject to tlic follo~ving: l. Per attached slte plan (St. M~rk's - C6arch nnd School Cxisling Conditions). 2. The applicant must record this decision in the Real Property Records of Flarris County, Texas. The clecision ~vill go into effect once the decision is recordcd und n cerfificd copy is returned to tlie Doard's Oflicc (c/o Sccretary of thc Zoning Board of Adjustment, 382fi Amhcrst, liouston, Texns 77005), City af ~Vest Univcrsity Pl~ce. 'Phis special exception is for an indefinite period unless 9 temporary period 1s indicateJ above. This specinl exception remains subjecl to the regul~lory Jurisdiclion of the City, ond it does not grnnt any property righl or vested right of any kind. EJfectiue Date & A/~peals: 7'his decision tnkes effect as inclicated above. Any ~ppenls of Ihis decisinn are subject to ~nd governed - by applic~ble ordinnnces and laws, including: the Zoning Orctinance nnd Cl~apter 211, 7'ex. Local Covernment CoJe. Undcr Chapter 211, petilions fur judicial revie~v must be presented within 10 dxys after tlie date this decision is filed in the 13oard's office. !~~ L ~_~~ 3800 University Houlevard • West University Place, Texas 77005-2599 • 713•66R•4441 • wiviv.x~estu.org • • ANY PROVISIONS HEREIN WHICH RFSTRICT THE SALE, RENTAL OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER THE FEDERAL LAW. A CERTIFIED;CO~~~ O'4 ZOO~ ATTEST: BEVERLY B. KAUFMAN, Cou e H~is J¢ounty, Texas „ ~HAVdfVDA A. i~aY~~ w ~ Page 2 ZBA Decision, Docket 02-01 u , / dy: Presidmg Officer, 7oning Boar of ~ustm nt Stafc of Tex~~~~ Com~ty of ~ This instrument wus uckno~vledged before me on ~JI ~ ~Gc~(dale) by Ste~~en Segnl, Presiding Officcr for ttte Zoning Board of Adjustment. ~ ~1~--~~~1`~t.Q. ~~'~~iC.l~ A~ Nolnry Public's Signature JOSIE MARIE OROSCO I" MY COMMISSION EXPIRES ~ (Personnlizcd Scal) JUNE 22, Z006 ~ ~ Filed in the Bo d's offic And o gmal fonvardcd to a plicant recordi g on J`7~ ~~~ by: Plannin and Devclonment (n Assistant. _Q~._, ~~. ~~( ~ ,~ ? S~C.~J~ ~ 3~ ~~ ~r~,~U~~t ~ ~~~. ~7~ ~ ~ , 5 ~ ~ u~ • ~ • • ANY PROVISIONS HEREIN WHICH RFSTRICT THE SALE, RENTAL OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER THE FEDERAL LAW. A CERTIFIED~QPy O ~ ZOO~ tP ATTEST: BEVERLY B. KAiTFMAN, Co ty HarristCountv. Texas,~ ~~ ~ ~~ ~~ . , ~, ; i, ~:: ,. . ,~c,, -~ , j~ nx ,' -: i J,~. ~ `~ C.J ~.~.J y O CFiAVQFJDA A. ROY~Ft ~ ~ • • ~y ^ Mr ~ TI I yM1 W 1 I ~ ~ ~ NI ~r J I~ ANY PROVISIOIVS HEREIN WHICH RESTRICT THE SALE, RENTAL OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER THE FEDERAL LAW. A CERTIFIED COPY A~ST: SEP O 4 ZOO2 BEVERLY B. KAUFMAN, County~eFk~ I S7'• MARK'S - CHURCH AND SCHOOL EXISTINO CONDITIONS GHAVO~!Q,,q A. ~OY~R - : ~ • ~ W ~ m ~,e ~ ~., I ' --------------- ~ . ~ T-------~ , i I -a- ~ I tor • ~~ ~ N --~°_-'_"_"^"_"_-'_ ~ u~ : ~.. ; , -------------- ~ ~ . , . • I ~ w. as ~r ~ ~ ~~ ---------------~ ~ w.. I Q "_"~IdlI~' ~'-~'~ "~" lC? 7~ I C L = I W V ~ M J (~ ` 1 1 ~T }~ W a ~ ~ I I I 1 ~ I W~ wre urs ~ ~ , , I------------~--- , ---- ~- -- I - - y ; ; r ; 3 ~ EXISTINO FIRE TRUCK I b~ ~~ I ~ ACCE33 OATES ~ N 89'S5R~' E- 602.71' ~ ~ ~------~ ~ a ~__~... ~ ~ ~+n ~ ; OTAL ACR~ ~ : 4.54: Da871N0 PAR13H WLLL (~ ~~ ~-------------~ ~ ~ ~ ~ ~----~------ I ~ ~~ ~ I ~ ~ ~U ' ~----~~------ ~---------- ~ wr s I _ i ~ar m~ lDT fA I lOI 1BI 1 1 ~ ~ I I t10T 700 ~ ~------~ 1 ---1-------- • SCALE: 1'=60'-0' FEB. 1, 20Q2 • ANY PROVISIONS HEREIN WHICH RESTRICT THE SALE, RENTAL OR USE.OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER THE FEDERAL LAW. A CERTIFIED COPY ~ S~P 0 4 2002 ATTEST: BEVERLY B. KAUFMAN ounty C rk Deputy BELLAIRE ~ ~ ~ARD (120' ' ~HAVONDA A. ROYER Y '• ~ • • • • I~^ YI ~ ~ ~ I N ~! I ~ N ~ unvAOnscxK~e~rn~eESian nr s~u.e~xiu.ausE a n4asae~o~ rAOrunrtuuxo pIAK£6MINAAONEXFdIQAREUiOFAFEODUIUN. • THE STATE OF TEXAS COUNtt OF NARRIS I~n1IpfINH MM~Iv~IlEOFiNNm6r4P~mMAYrOrihtn ~~I ~rph ~x: ~M m W~NECOII~EO.Y M Okil MIt1~ ~PW Pn1~11 dX~A Wry,Tma ~ AUG 3 0 2002 '~ ~~o~ ~«~ + HARRIS COUNTY, 7E%A9 ANY PROVISIONS HERE[N WHICH RESTRICT THE SALE, RENTAL OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS 1NVALID AND UNENFORCEABLE UNDER THE FEDERAL LAW. A CERTIFIED COPY A~T: SEP n 4 200~ BEVERLY B. KAUFMAN, Count Ha~a,is ~untv, Texas CHAVO(~DA A. RQyER ~, .. City of ~est Uni~ersity P1ace ~ A Neighborhood City ~ ReeycledPaper ZONING BOARD OF ADJUSTMENT City of West University Place, Texas ("City") DECISION TO DENY A VARIANCE Address ofSite.• 3816 and 3836 Bellaire Boutevard Legal Description of Site: Lots 27, 28, 29, 30 and 3l of Cambridge Place, a subdivision out of the AC Reynolds Survey, A-61 in Harris County Texas, according to the map or plat thereof recorded in Volume 4, Page 55, of the map records of Hprris County, Texas. Docket Nu~nber: 02-O1 Permittee%Ipplicant: St. Marks Episcopal Church and School Decision or Actio~: Reyuested or Proposed: Request for a variance regarding Table 7-2: Yards (or 'setbacks') of the Zoning Ordinance. The request for a variance is to allow construction of a new educational building with a 20'-0' side setback along the east property line. ~ Notice, Nearing, Findings, Vote: • (X) Required Notice given by: Mail and on-site posting in accordance with Article 11 by Sallye A. Clark, Planning & Development Assistant City of West University Place (X) Hearing held on: February 2l, 2002 (X) Required statutory findings made: No hardship found. (X) Additional Findings: Not enough details about building provided. ( X) The vote: Steven Segal, Mike Neal, Carolyn Galfione (voting alternate) voted for; Michael Silver (voting alternate) and John Rentz opposed Decision of the Za:i~:g Board of Adjustnae,rt (subject to all applicable appeals): Under and subject to the City's Zoning Ordinance and applicable law, the requested variance is denied E~J`'ective Dute & Appeals: 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, West University Place, Texps 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, Texas 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. • 3800 University Boulevard • West University Place, Texas 77005-2899 • 713•668•4441 • www.westu.org ~ . , O 1~~ ~ By: State of Tex f ~-v County of-~~~~~-~.~ s This instrument was acknowledged before me on ( ~~ (date) by Steven Segal, Presiding Ofticer for the Zoning Board of Adjustment. ~1~. VVL"t (U s~. ~VOS'~ ~ .,.~. Notary Public's Signature (Personalized Seal) Filed iiz the Board's o~ce an o iginal o~-warded Development Assistant. L~ ~~ ~ ~~~~ • ""` JOSIE MARIE OR05C0 • MY COMMISSION EXPIRES .~ JUNE 22, 2005 to applicant on OD , By: Planni~zg and (~ 3 o2C.A -~~v~~, ~ p .) ~ e ~ , . ~ • ~ Hetycled PaDlr n ~,~ . I~~'. v W041199. City of ~est Universi~y P1ace ~j -~ A•Neigllborhood City ~8~P8/02 300828908 W041199 Zoning Board oFAdjustment f11.00 City of West University Place, Texas ("City") DECISION TO GRANT A SPrCIAL EXCEP'TION ~' Add,•~ ~~s ofsite: 3816 & 3836 Bellaire Boule~~ard ~V V! Y) ~a ~~ ~ ~~. ~) : ~~ -~) oo~~~r #: oi-o ~ Lega! descripr;a~ ojrhe site: Lots 27, 28, 29, 30 and 31 of Cambridge Place, a subdivision out of tlic AC Re~•nolcls Sur~~e~•, A-61 in Harris County Texas, according to tlie map or plat tliereof recorded in Volume 4, I'age 55, of tl~e map recorcls of Harris County, Texas. ~ ~~t J Permittee/Applicnnt: St. Marks Episeopal Church and Sehool • Decisio~: orActro,i Requested: Request for a Special Exception regarding Article 12. Prior Nun-Conformities. Section 12- 105, Special Eaceptions of tl~e Zoning Ordinance to extend PNC Status. Tl~e request for tl~e Special Exce~~tion is to authorize the addition of a new educational building in a single-family district. Notice, Hearing, Findings, Vote: (X) Required notice given by: Mail and on-site posting in accordance witli Articlc 11 by S:illye A. Clark, 1'lanui~~~ & Development Assistant City of ~Vest University Place. (X) Required detemunations have been made by the ZBA with resnect to tlie special exception as eranted bclo~~~: (~~ru~~osecl Special Exception will not cause any significant increase in on-strect parking; pro~~osed special cxceplion will not cause ~ny substanti~l traffic congestion; proposed Special' ~xception will not cause :~n~• sul~stanti~l increase in traffic; proposed Special Exception.will not cause an unreasonable bu~~den upou utility systems or upon any ott-er public facility or public service.) (X) Additional findin¢s (if any): Granting a Special Exception for tl~e proposed structure ~~~ill not unrelsonabl,y interfere with available light and air and will not significantly alter access for fire tigt~ting aucl simil~r ueecls. (X) Hearing held on: March 21, 2002 (X) The vote: John Rentz, Michael Neal, James Jordan, Bill Richardson and Stevrn Schal votcd for; no one opposed. Decisiai of the Zohing Board ofAdjustment (subject to al! applicab/e nppeals): Under and subject to tl~e City's Zouing Ordinance and applicable law, a Special Exception authorizing t~~e existing cliurcl~ ancl existing ~rcessory uses in a Single Family District as specifically allowed bv Section 12-105, Suecial Exceptions to Exten~l PNC Status, of the Zoning Ordinance, is granted for the site identitied above subject to the tollo~~~ing: 1. The applicant must recorcl tl~is decision in tl~e Real Property Records of Harris Cuunty, Texas. The decision will go into effect once the decision is recorded and u certified copy is returneci tu the 13o~rct's Oftice (c/o Secretary of the Zoning Board of Adjustment, 3826 Aml~erst, 1•[ouston, Tex~s 77005), City of West University Place. This special exception is for an indefinite period unless a temporary period is indicated ubove. This special exception remains subject to the regulatory juris~iction ot the City, and it does not grant any property rigl~t or vested rigl~t of any kind. r ^~ ~ . ,y .~ j ~ ~~'.L. :~, l~l r, .,,'-f.~.~'I .~ • • 3800 University Boulevard • West University Place, Texas 77005-2899 • 7I3•668•4441 •-v~vtiv.~t~estu.oiR ANY PROVISIONS HEREIN WFIICH RESTRICT THE SALE, RENTAL OR USE OF TNE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS IIVVALID AND UNENFORCEABLE UNDER THE FEDERAL LAW. A CER~ C~J~Y~OOZ V ATTEST: BEVERLY B. KALTFMAN, County Clerk Harris unty, Texas ~ ~ Depufy Page 2 • Z.BA Decision, Docket 02-01 (Special Exception, Part 2, March 21, 2002 M~eting EJjecrive Dnre & Appeals: This decision takes effect as iudicated above. Any a~~peals of tliis clecision are s~ibjcct to ~ncl governed by applicable ordinances and laws, including: the Zoning Ordinance and Cl~apter 211. Tex. l.ocal Government Code. Under Chapter 211, petitions for judicial revic~v must be presented witl~in 10 da~~s ~ ftcr tl~c date this decision is ~led in the Board's oftice. ~ Bi•: v~ JOSIE MARIE OROSCO Presiding Officer, Zoning Board of djus nt `, r~~ •,~v COMMISSION EXPIRES ~~ JUNE 22. 2005 ....~-~.....~ State of Te~e~c ~,.,, u'? County of ~"~N l.1(~CS tt) ~`fJ This instrument was acknowledged before me on ~~C~,~~date) b~~ Steven Segal, Presicling Officer for tl~e ~~ Zoning Board of Adjustment. - ~, ~,.Q. ~an ~. O~sc.~ h, Notary Public's Signature , I (1'crsonalized Seal) • . ~~ . ~'1 '_I, • ~(~ Filed in the Board's office and original forwarded to applicant for recording on ~~' ~_~ ; by: Sallve A. Clark Plaiming and Development Assistant. ~MI' PROqSpll MEAEp MIIClIAEi1RIC1,1}E S1lE RF1RAl, OA IqE OF IIE DEtGCBEDAFAI THE STATE OFCaTEXpg F i MYQ~ AMO YXENiGACEAIIE YNDlR FMEAAI UM COUWTY OF HARRIS ~~I~/li/Iii~Nli1~RE0i Fi~LnBrS~P~naahMldr61M tl~pd Awm q a: ~d.~ A4 A[C~f 1 M h Ofoi~ R!k R~mii d M1I Rop~ry d1MY Cmh, Ts m AUG ' 8 1001 ~ „'~'I~~/7erl~/ couNTr c~eRK ~ HARRIS COUHry, TEXAS • • ANY PROVISIONS HEREIN WHICH RESTRICT THE SALE, RENTAL OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER THE FEDERAL LAW. . A CERTIFIED COPY A.~.~~E~P 0 3 ~002 BEVERLY B. KAUFMAN, County Clerk Harris County, Texas . ~ i Deputy 4 DQ~. . ~. • ~ - . ~. i ~ ~~•} - Ci . • . 5.,. . +~ .. . ..~ . . x ~ , r , . ~ ~~' ~ a0 :n ~~ -•- \ ~~~ ~ ,. • ,~ ~~ ; ~ 1 ~~1 I_ ~~ ~~ ry P~ ~ ~ N I U1 Lf) !!1 ~ ~W041198 City of West Universit~840Place „~ Woaii9e sv.oo ~ A Neig/16orhood Cily ~~ RacycledPaper ZONING BOARD OF ADJUSTAIENT City of West University Place, Texas ("City") DECISION TO GRANT A VARIANCE :Irlrlr•ess ofSite: 3816 & 3836 Bellaire Boulevard Docke~ Number: 02-01 L~~~al Descrrptio~r ofSite: Lots 27, 28, 29, 30 and 31 of Cambridge Place, a subdivision out of the AC Ite~~nolds Survey, A-61 in HArris County Texas, according to tl~e map or plat thereof recordecl in Volume 4, 1':~;;c 55, of the map records of Harris County, Texas. Pcr~riitree/Applicnnt: St. D9arks Episcopal Church and School ~D ~~ J Dec:isia~ a• slcria~ Requesred or Propose~i: Request for a variance regarding Table 7-2: 1'arcls (or'setbacl:s') of the Zoning Ordinance. The request for a variance is to allo~~• construction of a new educational builciing ~~°itl~ a 20'-0' side setback along the east property line. Naice, lae~ring, Findings, Vote: ( X) Required Notice given by: A4ai1 and on-site posting in accordance witl~ ~~rticle 11 by S~II~~e A. Clark, 1'lanning & Development Assistant, City of West University Place. ( X) Hearing held on: Nlarch 21, 2002' • ( X) ltequired statutory findings made: Variance is not contrlry to public intcrest; litcrll enforcement of the ordinance would result in unnecessary hardsl~ip; s~~irit of the orclinance is observed; substantial justice is done. ( a ) Additional Findings: None ( X) The vote: Michael Neal, John Rentz, James Jorclan, Bill Ricl~ardson and Steven Segal ~~oted to grant tlie variance, and no one opposed. Decisia~ ojthe Zaiing Boa•d of Adjustnrent (subject to al/ applicable appeals): Under and subject lo tlte CitV'S Zoning Ordinance and applicable law, :~ vuriance from Article 7, Table 7-2: Yarcls (or 'setbacks') of tlic Zoning Orclinance is granted to the applicant named above subject to the following conditions: 1. Tl~e request for a variance is to allow construction of a new educational buildiug ~vitl~ a 20'-0' sicle setback along the east property line as provided in tlie attacl~ed site plau, tl~at ~vill rcmain unobstructed witl~ the exception of a fence if they cl~ose to build one thut ~~~ill be par•rllel at tl~e property line with the approval of thc Fire Cl~ief. 2. Access gates shall be installed on East and West College for Fire Department Access only. 3. The applicant must record this decision in'the Real Property Itecords of Harris County, Texas. Tl~e decision will go into effect once the decision is recorded and a certified copy is returnecl to tl~e Boarcl's OfGce (c/o Secretary of the Zoning Board of Adjustment, 382G Aml~erst, Houston, Teaas 77005), City of West Universitv Place. ~ ~ ~_., ~ / j , ~~ I '" ~ / ~ ~ ~` ~~ , , ~ • 3R00 University Boulevard • West University Place, Texas 77005-2899 • 713•61,8•4441 • www.~rc.s~u.nr•g ANY PROVISIONS HEREIN WHICH RESTRICT THE SALE, RENTAL OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER THE FEDERAL LAW. • A CERTIFIED COPY A~~EP Q 3 -~OOZ BEVERLY B. KAUFMAN, County Clerk Harris County, Texas ~ Deputy ' D~LORE6 LOPE.~: . ~ • Page 2 ZBA Decision, Docket Rehearing 02-01 (Variance) Tliis variance is for an indetinite period, unless a temporary° period is indicated above. 'I liis ~~ari:ince remains subject to the regulatory jurisdiction of the City and it does not grant any propert~• ri~,l~t ~-r ~~esteel rihht of any kind. EJrective Date & Appeals: The decision takes effect as indicated above. Any appeals of tl~is decision are subject to and governed by appliclble ordinances and laws, includiug: the Zoning Ordinance aud ('I~a~~ter 211, Tex. Local Government Code. Under Chapter 211, petitions for judicial review must be pres~ntccl within 10 days atter the date this decision is filed in the Board's office. ~'a By; (~; Presiding Officer, Zoning Board of ustmen ~°•"~ ,10SIE MARIE OROSCO ~(~ '( ~~~ M~ COMMISSION EXPIRES P{ ~;,~~~ JUNE 22. 2005 ~ ~± State of Texa-s~} ~ County of ~ ly ~~ ~~~ S ~ '~ ~'~ : V1 7'I~is instrument was acknowledged before me on fL~l~1.< < ~~~ ~~date) by Steven ~cgal, ~~ Presiding Ofticer for tl~e Zoniug Board of Adjustment. • U1 ~ ~1 ~Z ~'~Gtv~ s' ~ ~'~t e..7 Notary Public's Signature (Personalized Seal) Filed in the Board's office and original forwarded to applicant for recording on ~ ~a- ~~'~!•'.~by; Sallye A. Clark, P7annin~Yand Devel~ment Assistant. ~ ANY PROVISIONS HEREIN WH1CH RESTRICT THE SALE, RENTAL OR USE OF THE DFSCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS IIYVALID AND UNENFORCEABLE UNDER THE FEDERAL LAW. • A CE ~ ~~ 4 ~P~~~// ATTEST: BEVERLY B. KAUFMAN, County Clerk Harris County, Texas . ~ ~ Deputy ~r ~ u ~ • ~~ ~~1 ~~ P~ 1 u1 ~. l~1 ui Lr~ ANY PROVISION5 HEREIN WHICH RESTRICT THE SALE, REIVTAL OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER THE FEDERAL LAW. • A ~ L ~~~ ~U~~ ATTEST: BEVERLY B. KAUFMAN, County Clerk Harris County, Texas ~J r ~~ Deputy ~~; DOLORE~i LOPEZ OZ =a U~ N Q p O Z J Q LL 2 N U ~ LL 2 U N Y ~ ~ H N 40 00 (O N ~~ ~ _ Q ~ U4~., ~ ` J u ~, I u ANY PROVISIONS HEREIN WHICH RESTRICT THE SALE, REfYTAL OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS 1NVALID AND UNENFORCEABLE UNDER THE FEDERAL LAW. • A CERTIFIED COPY A,~~ 0 3 ~002 BEVERLY B. KAUFMAN, County Clerk H ' County, Texas ./. ' ~ Deputy og oa U ~ N Q 00 Q LL 2y U ~ LL S U N Y ~ Q ~ H ~ G ~ O O (7 N ~~ W ~ _ ~ ~ r. , . • .i •. .i . . ,.i . .i .~~ ' I ~~ ' ~ ". . ~ , • u • ANY PROVISIONS HEREIN WHICH RESTRICT THE SALE, RENTAL OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS 1NVALID AND UNENFORCEABLE UNDER THE FEDERAL LAW. • A CERTIFl~ ~ ~P~^A ~L4. ij~~ AITEST: BEVERLY B. KAiJFMAN, County Clerk Harris County, Texas ~ ' Deputy .~ Q . ~ oz ~ ia U~ ~O ~O Q ~ xo UZ ~O ~U S W U N N Y ~ d ~ H ~ v~ ~~ ~~ J ~ \ :~: ~ E ~ '> '" ~ * 'z ~ ~ y i~ r.~ 5 <S ~ ~ ~~ ~~ ,V J ~ V U ~- N ~ ~ ~~ ~Y ~b '~i d'` ,~ r_~ ^ 2 V ~~y~~ .~ ! ~ _Q ~ ~ ~ x ~~ . ~~ ~~1 ~3~~ar ~ ' ~ 5~~ ~~~ ; in ~ .; ~••. , . ~~ > , .., ~•;, ~: ., • .S O N .~ O O O f7 N ~I W ~ _ ~~ ~ - - , ;. - ~'- . . . ~ I I I~' ~I I ~ r ,2J ~j~~EiU:~~i ~ ~ ' (.~ ~ll ~~ Cit of ~est U~i~ersit P1ace /~ y Y A Neig/tborhood City ~ Zoning Board of Adjustment ~ RecyciedPaper City of West University Place, Texas ("City") DECISION TO GRANT A SPEC[AL EXCEPTION , 06/~1/0~ 300777953 V886056 :13.00 I,/ ~~ A~Idress ofsite: 3917 Bissonnet Docke~ #: 01-11 Legal descriptio~r of the site: Lot Three (3), in block Four (4), of College Vie~v Addition, Third Subdivision, according to the map J or plat thereof recorded in Volume 572, Page 33, of the deed records of I~larris County, Texas. Per»iittee/Applicant: Joe Falco ~~`~ Decision orActio~: Requested: Request for a Special Exception regarding 7oning Ordinance Table 7-5a: Parking, driveways, Note 7. Special Exceptions, (iv). This request for a Special Exception is to allow a stub driveway in front of the principal building {not surrounded by a fencc) to allow a safe exit on to I3issonnet. Notr'ce, Heuring, Findings, vote: ~~~ (~C) Required notice ~iven bv: Mail and on-site posting in accord~nce ~vitli Article 11 by Sallye A. Clark, Pl~nning 8c (~~ Development Assistant City of West Univcrsity Place. ~~ (X) Required detern~inations have been made by the ZBA with resaect to the special exception as ~ranted below: (proposed Special ~~ Exception will not cause any significant increase in on-street parking; proposed special exception will not cause any ~ substantial traffic congestion; proposed Special Exception will not cause any substantial increase in traf6c; proposed ~ Special Exception will not cause ~n unrcasonable burden upon utility systems or upon any otlier public f~cility or public ~u SCCVICC.~ ~~ (X) Additional findin¢s (if any): Granting a Special Exception for the proposed structure will not unreasonably interfere witl~ ( available light and air and will not significantly alter access for fire fighting and similar needs. ~1~ (X) Hearin~ held on: November 15, 2001 ~~ (X) The vote: Mark Plagens, Iiill Richardson, James Jordan, Jeann Howse and Steven Segal for; no one opposed. ~~ Decisia~ of the Zari~ig 13oard of Adjusd~:ent (subject to al1 applicaGle appeuls): Under and subject to the City's Zoning Ordinance and applicable law, a special exception as requested and as specifically allowed bv Table 7-5A, Parkine Drivervavs, etc.. Note 7 S~ecial Exceptions, (iv), of the Zoning Ordinance, is granted for the site identitied above subject to the following: 1. Per attached site plan, but no closer than 8' (feet) from the property line, not intended for parking and must be in compliance with all other City Ordinances. 2. All permits necessary for the prosecution of the work shall be applied for within 90 days and construction commenced and completed within two years from the date of granting by the 13oard, unless otherwise prescribed in the approval itself, or unlcss an extension of that time is granted by the Board. No extensions may be granted by the liuilding Official unlcss authorized to do so by the Board. 3. The applicant must record tl~is decision in the Real Property Records of Harris County, Texas. 7'he decision will go into effect once tl~e decision is recorded And a certified copy is returned to the Board's Office (c/o Secretary of the Zoning Board of Adjustment, 3826 Amhcrst, Houston, Texas 77005), City of West University Place. This special exceptiun is for an indefinite period unless a temporary period is indicated above. This special exception remains subject to the regulatory jurisdiction of the City, and it does not grant any property right or vested riglit of any kind. 3800 University Boulevard • West University Place, Texas 77005-2899 • 7l3•668•4441 •-v-v~v.-vestu.org -' ~~ -' '- ~ -' %-.~i~' FItOV~f5I61~I:i'f'tEREfi:'~J`r?fiEi~I~ESTRIG3' 9'tfE SAL~E; RENTI~L- - - - OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER THE FEDERAL LAW. A CERTIFIED COPY A~T: JUN 2 5 2002 BEVERLY B. KALJFMAN, County Clerk Harris County, Texas ~~/GT~~.J Deputy CUC 7. LIE(d ~ f ~ ~~ ~~ V~ $~ ~ r• ~~ ~~ ~~ ~~ page 2 ~BA Decision, Docket 01-11 E~J'ective Date 8c Appeals: This decision takes effect as indicated above. Any appeals of this decision are subject to and governed by applicabie ordinances and laws, including: the Zoning Ordinancc and Chapter 211, Tex. Local Government Code. Under Chapter 211, petitions for judicial review must be presented witl~in 10 days after tl~e date this decision is tiled in the I3oard's office. / By: Attesl: Presiding Officer, ~ng Board o justment ta ep esentativ , ity of West University Place i. State of Tej~s r. County of ~\~--~~~~~ This instrument was acknowledged before me on be-L`` d~~ (date) by Steven Segal, Presiding OfGcer ior the ?oning Board of Adjustment. - - ---... ~ ~CC~~ ~z. tY~~. ~ Q ~'"~ ~ e~ ~ Notary Public's Signature ""~ ,IOSIE MARIE OROSCO (Personalized Seal) • •j' MY COMMISSION EXPIRES ,,..f JUNE 22, 2005 ~ ,,; ~fjSIF MARIE. .• ~~ t,1Y C ~.. , JIJNE 22, Filed in the Board's office and original forwarded to applicant for recording on ~ ol~/~ ~, by: Sallve A. Clark, Plannine and Development Assistant. ~~. _~ ~ ~ r~ ~ ~ o ~ , . ~ ( ~ /...- I ~J '' ~ r,a ~" -3 r~'/ ~ '7 ~3 ~ S S O /~ fU ~ ~' ''•~ - a ~ ,. . .. ~..: .:~a,. /~o Gl S 7~p~ ~ ~-~n ~s - 7 7~~~ :. , «~ ,.~.. .., . 4 :i ~ • ! ~ ~~'' ~'~' F'°'`~ :S 1 C ! f.J 'o~m/ : < `~ N ~1? - - "` -' -` ' ~ "Ai~FY-PROVISIONS'HEREIN W~H•1CI°I1tESTRiCT THESAL~; RENTAL ~ -- - - ~ OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER THE FEDERAL LAW. A CERTIFIED COPY A~ST: JU N 2 5 2002 BEVERLY B. KAUFMAN, County Clerk Harris County, Texas ` ~ /Jj~,i'_~~i~ Deputy CUC T. UEN .;. ~ EY~ JILDFR 9Fi4~~, VQ21FY 4U. L07 D~1"~N910N3, ~i+0.BMF?•ITS 4ND BUiLDING I,Ip1E9 pRIOFfi TO COMMEIJGING GON37R~1CTION Tl'PE M GOF'f~~F2 NOT A~L,pLLlm WATF~i RI9~ER MJ51 BE MEfAL AdWE G!2l~1Np: SGN. .1p PvC I ~ fixTpZiOR UNDERGRGLNp ONLY . LOT GOvERAGE~ ~ 9LAB ~ 714-t 9G. Ff. F~ATUIORK ~ 1665 Sp. FT, TOTA4, : 3T9 SG. FT. LOT F(~pTA~sE : ~995 3p, FT, CAVk~1GE : 5i w. FRM1E AREA PER LOT PaOTA~,E : 44 ~t FRqNT SETBAGK PREVIOU9 AREA . aa x TOT,q~„ PRElrlptJ3 AREA ~ .1° f- RFJ1R 9ETBACK PREVICUS AREA : ICO ~r. ~' V'+ ~~ ~~ I r+• ~a ~~ ~~~ DI~s11NAGE TYPE ~~A° .. ... 3, G.45 METER BUI~ppZ TO VERIFY ~ LQGATION , 50.0~ • ' E .a V ~ '• 9.~.~~ I,'t ~,falx; ~ ;~~~IANg. •.{.~;.~;`,F '~ ~'; ..~}c ~ yo t{ a«rri4;., . ~.. . . .. ~~, ~«, ~'1'~1"". TC^~.~• ...A`, ~ 3V.... `•:~:.i .~ .. , . . ~ ' , .. , . , , l . ., ~ ::i~~:~ . ~ ` ~ a . , . ~ ~ v ~ a - I. 5EE SNEET 3 OF 4 FOF2 , • DRIV~WAY APPRC:~,C~-: GONSTRUGTI~ N C:~~T.~:.:. -' - ~ ' "" "' ~ ' ANY PROVISIOi~T5-~IERE°tN'WH1GR RESTR~IC'P T[-FE SALE, REIVTAL - OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER THE FEDERAL LAW. A CERTIFIED COPY ATTEST: ~ U N 2 `~ ~002 . BEVERLY B. KAUFMAN, County Clerk Harris County, Texas Deputy CUC T. ~~EN ~?~~~~ ~ ~ - II l.n ~ E .~ F .: ~ ~: .: .r. ~~ ~ ; ~ ~' "{l.~ ~:, ~ ~)Ir ~ `'..... ..! 1'i,.'. .. At the ttme o~Recordat onMt~hisA n~str ment was found to be lnadequate for the best photograph(c reproduction because of illeglbility, carbon or photo copy, discolored paper, etc. All blockouts, additions and changes were present at the time the instrument was (iled end recprded, ~..~..u.s~....m..u......~.,: .~.+~..wm~~~.. ~ ~~ 4'1 ~~ Nd I n~ ~~ I ~~ ~J li I 1 NIT PROVISpII HEAEN WICH RESTAICTS TFIE SME, AEMiIL OR USE OF TME DEifRBED REAI PA~~tTYlEWSE Of ~Qdl d1 RAtf 6 NVNG AID WENFORf~A~F UMDEA FEDFAAL UW. THE STATE OF TF~fAS COUPRY OF HARRIS I MElwity Id fii FWunM w FIFD'n FN Mie6r Squur~ m h dM~ rd d h 1ma Nuyd Ina 1~ ne; ~~I w~ dury RECdiOED. N IM Ofol Pdlk RetaN ~l Rul Pu~nry ~I Hum Ca~ry, Tm m JUN 21 2002 ~~'~~~~~~ ~ COUNTY CLERK * HARRIS COUNTY, TEXAS •- --- AiVY PROVISIONS-HEREIN WHICH RESTRIGf TH&SALE,• REI~ITAL _, OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER THE FEDERAL LAW. A CERTTFIED COPY ATTEST: J U N ~ ~ ~WZ BEVERLY B. KAUFMAN, County Clerk Harris County, Texas , C~`' ~~~ Deputy CUC 7 LIEN ,~ ~ . -` ~~ ._ / ~. {~ V'~82456 .~~ ' City of ~est Uni~ersity P1ace A Neighborhood City A5/07/02 ~0177A101 V78P456 :13.00 ~ Hecyelad Paper ZONING BOARD OF ADNSTMENT ~~~ ~ City of West University Place, Texas ("City") AlAMO TITLE COMPANY~ DECISION TO GRANT A VARIANCE ~.~{ as K« Address of Site: 2828-E Bellaire Boulevard Legal Description of Site: Lot R-5, in block Two (2), West University Place Permittee/App[icant: Lin Development, L.L.C. Docket Number: O1-02 ~~~~~: n ~St110 T1~C ~:O~IQy V/ 5599 San Fe4pe, Ste. 1400 ouston, Texas 77056 ~ • I~.G~~ Decision or Action Requested or Proposed: Request for variance under Article 7, Table 7-6, Projections Schedule, page ii, Mechanical Equipment, to allow placement of air conditioning units in a rear yard (buffer yard) as shown on attached plot plari. Notice, Hearing, Findings, Yote: (X ) Required Notice given by: Mail and on-site posting in accordance with Article 11 by Sallye A. Clark, Planning & Development Assistant, City of West University Place. ( X) Hearing held on: April 19, 2001 ( X) Required statutory findings made: Variance is not contrary to public interest; literal enforcement of the ordinance would result in unnecessary hardship; spirit of the ordinance is observed; substantial justice is done. ( X ) Additional Findings: None ( X) The vote: Steven Segal, Frank Billings, Mark Plagens and alternate member Bill Richardson voted to grant the variance, and no one opposed. Decision of the Zoning Board ofAdjustment (subject to all applicab[e appeals): Under and subject to the City's Zoning Ordinance and applicable law, a variance from Article 7, Table 7-6, Projections Schedule, page ii, Mechanical Equipment of the Zoning Ordinance is granted to the applicant named above subject to the following conditions: 1. The variance is granted as requested to allow placement of air conditioning units in a rear yard (buffer yard) as shown on attached plot plan. 2. The applicant must record this decision in the Real Property Records of Harris County, Texas. The decision will go into effect once the decision is recorded and a certified copy is returned to the Board's Oftice (c/o Secretary of the Zoning Board of Adjustment, 3826 Amherst, Houston, Texas 77005), City of West University Place. This variance is for an indetinite period, unless a temporary period is indicated above. This variance remains subject to the regulatory jurisdiction of the City and it does not grant any property right or vested right of any kind. E, fJ''ective Date 8c Appeals: The decision takes effect as 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 Governme t Code. Under C pter 21.1, petitions for judicial review must be presented within 10 days after the date this decis' 's filed in B d's off e. By: Attest: w airperson, omng o d o djustment Staff Represe tive, City of West University Place .~'y-~ I,, / Filed in the Board's office and ~~ mail to applicant on ~Y ~ ~ by: Sallve A. Clark. Plannin~ and Development Assistant. ~ Oria j W ~ ~~Q~ M,~ ~p b~ re Co rdenC J 3800 University Boulevard • West University Place, Texas 77005-2899 • 713•668•4441 • www.westu.org .. u ~'~ ~ __ _ ...~,..,~.,,., ''"r~,`~"'~, JOSIE MARIE OROSCO ~ ~'~ ~ MY COMMISSION EXPIRES State of Te S ~ ;_ _, _ ~UNE 22, 2005 County of ~~~~t~S - .. This instrument was ackno~vledged before me on 6/28/2001 (date) by Steven Segal, Presiding Officer for the Zoning Board of Adjustment. ~~J~ f- ~n~ Notary Public's Signature (Personalized Seal) ` ~ ,. . : ~~'• s ~, .: ..~ r. c.s t. :'a-,c~~ „ , _ ~a~ ~ ` ~ ~' - . -' a.` +.,1 _.~ ,, : r ~ 1 ;a -,, i ' r, ~ _ , _{:U C,.~ -. y~'~ ~~~ ~~: ~ ~ ~ w , 6164~ ~ • , fi+ ~ ~'• i + , . ~ ~ ~ 32.00' ~ ° ~ 5' S.Y. - ------------------ . ~ ~ = o Q N - 4'- ' 1 " ~ ~ 29'-11 " u.1 ~ ~ ~ W R5 BLK 2 G ON LOT ~ 2828 E R6 ~ S-2769-B W . H ~ ' U ~ ~ ' ~ . , ~ ~ ~ N ' ' ' ~ ~ ~ . CMO ~ ~ ~ • ~ i~ 16' 3' A K ~ ~o DRIVE ,n ~ I 32. ~ ~ PERVIOUS AND OPEN SPACE CALCULATION ~ ~ BLDG AREA 1450 s.f. 151 s.f. FLAT WORK 79% IMPERVIOUS COVERAGE 2~2 s.f. FRONT SETBACK AREA 2025 s.f. LOT AREA 45% FRONT YARD PERVIOUS AREA ~ ANPVRONSDNI~REWW11CflRESiRICTS ilE SAIF.RENfAI, qt USEOF THE OESCRpEDREAI PROPEAIY BECAUSE Of COlOA OR RM~E.6 NYAl10 ND III~Ff~OqC~ ~~OEAAI UW. 1'HE STATE OF TEX,qg COUN1y OF HqR~B p~ ~~~ ~1' ~~°~nl ~ PtED in Re I~Imbr Spy~w m Ih d~Y nd N/a ine mped Ea~oab~me~ M1~kh'AECWIDFD. Y Ih~ OAIqIP~EfoReaaa dRerProprydHnY ~uq; Tm»m RECORDEA S MEMORAkDJM MAY ' l 2002 ~41L 8U1CK9UTfi, ADDITIONS A&IB ~S iNERE ~FiFSENT AT THE TIME Tff ~T#INYIENI WA9 flLE~ 4NR RECdROE'b ~ `~'~~ _ ~j~\ ~~ r~sulc ` 0 * couNrr ~.~K ~ -~ais couHrr, ~~s ~ , . ~ v, ~- ~~ REV y• 2•0l ,, B GHTON ADDRESS ~ JOB NO. H M E S '28~~' ~ E BE~~.~.t P. F C;~.v.c~ SUBDIVISION PLAN NO. GARAGE D.B. C.B. ~ R o ,r1 P To ~1 T E f~ ~ ~ ~ ;;•, ~,~- ~,~ ~ ~ ~~~ ..~ ~ c.', "THE INFORMATION CONTAINED IN THIS PLOT PLAN IS SCALE ,~ ~ i~ ~or BLOCK r sECT. ~ APPROXIMATE AND IS SUBJECT TO CHANGE ~~ ~'o = I' D (1 G - WITHOUT NOTI(;E" ,~ ~ '~. . .~ ~ ~~ ~ ~~1 . r . ~ / C.. ;: ~~ . V'~82455 / 2 ~ Recycled Paper J City of ~est Uni~ersity Place A Neighborhood City 05/07/0~ ~01778100 V78~455 l13.00 ZONING BOARD OF ADJUSTMENT FILED BY City of West University Place, Texas ("City") O.AMO TITLE COMP~ AN1 DECISION TO GRANT A VARIANCE ~~f 05 ~csc~~ Address of Site: 2828-I Bellaire Boulevard P Legal Description of Site.• Lot R-9, in block Two (2), West University Place ~ ~: Alamo ~ltle CompanY 5599 San F~:!ipe, Ste. 1400 Houston, Texa~~ 77056 Pe~•mittee/Applicant: Lin Development, L.L.C. Docket Number: O1-03 / ~~ Decision or Action Reguested or Proposed: Request for variance under Article 7, Table 7-6, Projections Schedule, page ii, Mechanical Equipment, to allow placement of air condition units in a front yard (buffer yard) as shown on attached plot plan. Notice, Hearing, Findings, Vote: ( X) Required Notice given by: Mail and on-site posting in accordance with Article 11 by Sallye A. Clark, Planning & Development Assistant, City of West University Place. ( X) Hearing held on: April l9, 2001 ( X) Required statutory findings made: Variance is not contrary to public iuterest; literal enforcement of the ordinance would result in unnecessary hardship; spirit of the ordinance is observed; substantial justice is done. ( X ) Additional Findings: 1Vone ( X) The vote: Steven Segal, Frank Billings, Mark Plagens and alternate member Bill Richardson voted to grant the variance, and no one opposed. Decision of the Zoning Board of Adjustment (subject to all applicable appeals): Under and subject to the City's Zoning Ordinance and applicable law, a variance from Article 7, Table 7-6, Projections Schedule, page ii, Mechanical . Equipment of the Zoning Ordinance is granted to the applicant named above subject to the following conditions: 1. The variance is granted as requested to allow placement of air conditloning units in a front yard (buffer yard) as shown on attached plot plan. 2. The applicant must record this decision in the Real Property Records of Harris County., Texas. The decision will go into effect once the decision is recorded and a certified copy is returned to the Board's Office (c/o Secretary of the Zoning Board of Adjustment, 3826 Amherst, Houston, Texas 77005), City of West University Place. This variance is for an indetinite period, unless a temporary period is indicated above. This variance remains subject to the regulatory jurisdiction of the City and it does not grant any property right or vested right of any kind. E~j`'ective Date c~c Appeals: The decision takes effect as indicated above. Any appeals of this decision are subject to and governed by applicable ordinances and Iaws, including: the Zoning Ordinance and Chapter 211, Tex. Local Governm ode. Under Ch ter 2] 1, petitions for judicial review must be presented within 10 days after the date this decis' ' ~led in th r's offic By: ~ Attest: ~ ' airperson, Zon ng Boar f A justment taff Re re nta ive, City of West University Place /~j,~ ~ ,rq~J c~~Af1AC~ ;~ Filed in the Buard's o~ce and~maile to applicant on , by.• Sallve A. Clark. Plannin~ and Development Assistant. 3800 University Boulevard • West University Place, Texas 77005-2899 • 713•668•4441 • www.westu.org • 5 . ~. ~ , ,- ~ ~ ,~ State of Te s County of ' µ~~~ JOSIE MARIE OROSCO ' ,~M~ MY COMMISSION EXPIRES JUNE 22, 2005 This instrument was acknowledged before me on 6/28/2001 (date) by Steven Segal, Presiding Offcer for the Zoning Board of Adjustment. ~~Sl.~ ~0~~ ~ ~S ~ Notary Public's Signature (Personalized Seal) _ . ~ ~~~ .. ~~ r~. .7~~ ^1; - %''=~ ~.~: -.,: :~~ :~ , , I : .-< . , . --,1 . ;r~ ~ [ ~ ~ t _` ' _~~;J ~ti1 ~.. „~ ~~ ~ '..,5 ~'~:. 1° ~ C.~.~ N ~ C.J 616427 .~~ - ~ •''y'. ., , .. ~ . ~ ,, °-~~ 42.00' 5' S.Y. ~~~~~~_r~~~~~____~__~_~~~~~ LOT R9 BLK 2 2828 I N-2769-A ~ ~ ~ ~ .~t hV C~ ~ ~ ~ N ~ ~ ~ i_ou ~ 10'-0" 29'-11" , BLDG ON LOT ~p MIN. ~ R8 . , , ~ .. • ~ M }' N ~ ~ ~. CO •' ~ ~ • ~ ~ ~ 3' A K DR VE ~ ~~2' ~ ~~ nn~ i~ PERVIOUS AND OPEN SPACE CALCULATIONS BLDG AREA 1450 s.f. FLAT WORK 141 s.f. 62% IMPERVIOUS COVERAGE 312 s.f. FRONT SETBACK AREA 2569 s.f. LOT AREA 45% FRONT YARD PERVIOUS AREA r~. '' .. ANY PROVISIDN I~AEW WI6CH RESiRY:TS iHE SAIF, AENTR, qi 115E OF THE DESCR6ED AEAL PAOPERIYBECNISE OF CO101'i OR RhCE 6 NYALIGNJ UNENf-0RCFABIF INIDFR FED91Al UW. TME STATE OF TEXAS COUNTY OF HARRIS I IweEreatihtlal Qis e~lnmal rvs FIED'n Fik Mmhr Spuenn m h m0e rd NIAe 5ne t4n~ped Emoa 6~ me; nd rnt dd~ RECORDED.Ia ~ ORz~I PaEfe Remrm el Ral PnOary dHrA~ CaulgT~m RE60ROER $ MEM6Rl~~~DJM I~IAY - 7 LOOZ INER ~PRESfNT AT~1NE T~IME TFIE MYCI7~UINEN~ wAS H~a ~roo ~Em~oee ~ ~~~~~/r~~~ couNrr c~K - --- -- - - ,-- HAP.RlS G~~H~1-iE%A9----- -- - - - . ~ ~ ~ Dr-n~ R~w ~ - 2-0 ~ _ v ADDRESS JOB NO. GHTON 2~ 2 s-z F~ E LL~ t R~ ~:. ~~~.~ V~r~rG H M E S . SUBDIVISION PLAN NO. GARAGE D.B. C.B. ~,,'`~ ~•~ I`~ ~'~ To E~.~ ~iM ~. ~ ~'~ ~'-~+C.. ~' N ~ ~ ~O~ ;!~> > --- ~ (~~'' SCALE ~~ ( ~~ LOT BLOCK SECT. - ~~THE INFORMATION CONTAIN~D IN THIS PLOT PLAN IS i/ l Co = l-O P1 ~2,_ J APPRUXIMATW THOUT NOTI(;ET TO CHANGE ~ 1 • ~ ~ ~r ~ •. ~y • ~ ... ~ ,~ V ~ t CERTIFICATE OF RECEIPT AND • ACKNOWLEDGEMENT OF EFFECTIVE DATE STATE OF TEXAS § . § COUNTY OF HARRIS § This Certificate of Receipt and Acknowledgement of Effective Date ("Certificate") is executed on behalf of the Zoning Board of Adjustments of the City of West University Place ("ZBA") regarding the following decisions of the ZBA (the "Decisions"): 1. Special Exception issued under pocket No. 01-01 signed April 19, 2001; 2. Special Exception issued under pocket No. 00-26 signed April 19, 2001; and 3. Varia~.ice issued under pocket No. 01-01 signed April 19, 2001. The Decisions relate to the West U Market Place retail center located at 4004 Bellaire, West University Place, Texas, and legally described on Exhibit "A" attached. The Decisions are effective upon recordation of a copy of the originals of the Decisions in the Deed Records of Hams County, Texas and a certified copy is returned to the ZBA's office, c/o the Secretary of the ZBA. The undersigned is the Secretary of the ZBA. I ackuowledge receipt of: (i) the original of the recorded Special Exception/Variance Notice ("Notice") filed of record under Clerk's File No. • V039211 in the Official Public Records of Real Property of Harris County, Texas, to which the originals of tlie Decisions have been attached for the purposes of recording the Decisions, and (ii) a certified copy of the Notice. I aclrnowledge that the requirements of each of the Decisions for recording of the Decisions and the delivery of a certified copy of the recorded Notice to the ZBA's office has been satisfied, and therefore each of the Decisions is effective as of this date. Signed this ~~~ay of 1VIay, 2001 City of West University Place, Texas Zoning Board of Adjustments By. ~ . Sallye . Clark, Secretary .~ G:\Clientsl5314~003\Certificate of Receip4wpd OS/3?/Ol (Tue) 11:33 AM . COUNTY OF HARRIS ~ This instrument was aclaiowledged before me on this ~.~ day of , 2001, by Sallye A. Clark in her capacity as Secretary of the Zoning Board of Adjustme of the City of West University Place, Texas. ~~~ ~~~~ Notary Public in and for The State of Texas ...W.~.~.~. __~_. ~`a~~~~~''++ BAIL C. RO~~RT$ ae~~.• ~~e • ~•• °- Notary Public, State of Texes ~~y~~FO``~4'+= My Commission Expires r„,,,,,,,, August 21, 2004 • . G:~Clientsl53141002\Cerlificate of Receipt.wpd OS/22/01 (Tue) 11:37 AM 2 ~ ~ i EXHIBIT "A" • PRO ON ME'T~S S~ 80UHp~ DESCR1pT1QN ~ 3.8353 AGRES OF LAND ~CITY aF WBST UNlVERSiTY PLAC~~ NARRlS COL1N?'Y, TE?G4S M that certa~n 3.8353 acces of Iat~d being al) of Luts 18.19 8~ 20 and adjolning alley o~tt of Cambrldge Pla~e, accarding to the plat tfiereaf fiied in Volume ~, page 55, Harris County Map Records, and Lots 1, 2 ~ 3, 81ock 22 and adjotning alley. and Lots T, ~, 9.8~ iQ, Blodc 23 ottt of Cotlege ~ew, 5ectfon One. acoording to the plat thereof fited in Volume 6, Page 44~ Harris County Map Records. said 3.8353 aa'~ Vad befng more par~c.utarfy described by metes and bounds aa (ip1lows: BEGINNlNO at p found S/8• iron rod macicTng the northeast camer.of sald Block 25. Coll~ge Yrew, sectbn ~ne; TFlENCE S 00° 21' 37' E-1 f 5.1b', with the .~est~3rly rlght-of-way line of Weslayan Avenue {vutdth varies), to a set'X' In aancreta for comer, THENCE N 89° S1' 40" E- 3.d6', to a set'X' in conarete for wrner, 'CHENCE S 00° 10' 45' W-- 890.18'~ with the westerly r{ght-of-way 11ne qf s~id Weslayan Avenue~ to a set P.K. nalf for comer, . • THENC~ ~~ 89° 48' Op" W- 370.00'. with the northerly right-o~way llne of Beltaire Bou(avard (~20' wide). to a found Southwestem Bell Telephone Company wncrate monument for comer 7YIENCE I~I 00° 10' 54" E- 388.43', with the westerly line of said Lot 18; Cambrfdge Plsce~ to a wood fence comer for comer; ~ THENCE M 88° 3~' 40' E-166.94', with the souiherly Ilne of s~id Blocfc 25. Coifege v~w, Section One, tv a set P,K. n~0 forcomer; 17~i~NCE N 00° 21' 37' W-116.15, with the westerly line of satd t.,ot 7~ Block 25. Copege ~sw, Secttan One, to a found So~lthwestem 8811 Telephone Cpmp~ny aoncret~ monument for oome~ THENCE N g9° 31' 40' E- 200.00', WPth the southehy right-o~way IiC~e oF Ruskfn $trQet (60' W1d9)~ t~ th9 . PQINT OF B~QINNtNG and cnrttaining 3.8353 acres ('567,067 square teet) of land, more or tess. . .~ - ,.• • ~ . ~/• ~~ va~:~z~.s ~ . V~. ~~ STATE OF TEXAS g~ ~ 6i1 ~ ~~ ~ ~ ~ ~ , ~ ~ ~ SPECIAL EXCEPTION/VARIANCE NOTICE COUNTY OF HARRIS § § § 05/OB/01 300539680 V039E11 173.00 This Special Exception and Variance Notice is filed in the Official Public Records of Real Property of Harris County, Texas, to place of public record the decisions of the Zoning Board of Adjustment of the City of West University Place, Texas affecting the retail shopping center located at 4004 Beilaire, West University Place, Harris County, Texas, known as "West U Market Place" ("Project"). Such decisions are as follows: 1. Special Exception issued under pocket No. 93-04 on February 18, 1993 (a true and correct copy of which is attached as Exhibit "A"); 2. Special Exception issued under pocket No. O 1-01 signed April 19, 2001 (an original of which is attached as Exhibit "B"); 3. Special Exception issued under pocket No. 00-26 signed Apri119, 2001 (an original of which is attached as Exhibit "C"); and 4. Variance issued under pocket No. 01-01 signed April 19, 2001(an original ofwhich is attached as Exhibit "D"). The decisions under Items 2, 3 and 4 above are effective upon recordation and a certified copy being returned to the office of the Zoning Board of Adjustment at 3826 Amherst, Houston, Texas 77005. The Project is owned by Bellaire Shopping Center Associates, L.P., a Texas limited partnership, whose address is 1360 Post Oak Blvd., Suite 1800, Houston, Texas 77057, Attn: Mr. Alan Hassenflu ("Owner"). A copy of the Special Warranty Deed conveying the Project is recorded under Harris County Clerk's File No. T765899 and a true and correct copy is attached to this Notice as Exhibit "E". This document is acknowledged and recorded for the purpose of complying with the recording compliance of decisions 2, 3 and 4 above. The undersigned is counsel for Owner and its tenant, Whole Foods Market, in decisions 2, 3 an 4. Signed this ~ day of May, 2001. r .ir C~.. ` • G:\Clienls~5314W02\\+ariance Notice.wpd OS/07/01 (Mon) 03:41 PM .' , . , ~ . , . ~.' . • ~ ~ f~ ~~1 ~ ~ ~• ~ ~ ~ STATE OF TEXAS COUNTY OF HARRIS ~ This instrument was acknowledged before me on this ~ day of May, 2001, by Reid C. Wilson. ~l!!lllllllllllllllllllll.~ ~ ~ .~aY °~ DENISE M. SHORT --~i!Y'~/~ ~ l~O t NOTARY PUBLIC, STATE OF TEXAS ~ ~~, ~ MY COMMISSION EXPIRES Notary Public in and for ti~rFOFt~* MAY 28, 2002 ti The State of Texas ~l!ll1111111!lfllllllllll~ AFTER RECORDING RETURN TO: Wilson, Cribbs, Goren & Flaum, P.C. 440 Louisiana, Suite 2200 Houston, Texas 77002 Attn: Reid C. Wilson Our File No. 5314-2 G:\Clients\531410021Vari•rnce Notice.wpd OS/07/01 (Nlon) 03:41 PM 2 . ~,~ 01/26/2009 18:11 -, + • . , ~ . • IN RE: ~ ~ l~j l~ U~ ~ i • ~ ~ ~ 713-349-2754 bocket ~93--04 APPLICATxON OE' YNTEI2CITY INV~STMENT PROP~RTrES INC. AND JUDY QE'FMAN FOR PARKING LOT SP~CTAL EXC~PTI01~ U[JDER SCHEDU~.E PDD~-TEiS x BEF4RE THE x ~ONI[+TG 90A,FdD bF ADJfJS~'MEN'.C X Ol~ THE CrTY O~' x WEST U[~IVERSI~Y PLACE, TEXAS PAGE 05 Sp~CIAI. EKCEPTY4N UNDER TfiE Z~NING ORDTNANCE O~' THE C1"IY OF ia1E$T UNIVERSITX PI.,A.CE, TEXAS OI3 TEiE ~th day of ~ w a-~ r 19~, the a~ove--ca~tioned matter came on or hea ing be ore th~ 2onin~ Aoax~9 of Adjustment {"ZBA") of the Cfty of West Unfvers~.~y pxace, Tex~s ("Gity"). This m&~te~' ~lnvolves an application by InterCity Inverstment pro erties Inc. and Jud bffman ("AppI.icant"} or a special excepta.on for for park~ng o motor veh~c~~s ir~ connectian with nearb commercial activities as allawed by ara ra d of 3chedule FAA--~H t e Ci y's Ordinance No. 1298, as amen ed ("Zoning Ordinanae"). ~he special exceptipn wpuld agply'"• with respec~ ta the £ol~awing described real property ("sub~ec~ Property") located within the City, :tn Harzi.s County, Texas: 1~ddsesss 40b3, 4007, 4011, 4015 Ruskin~ E~oUSton, Texas 77005 Legal descriptior~: Lo~s 7, 8r 9 and 10, block 25, Colleqeview Addn., Citiy cf West Un~versity, Aarri~ County, Texas z. Findxngs And Datez~mina~ions ~Z. The ZHA finds and determi.nes that this special except~on w i11 not caus~: . . ~ a. any significant increase ,~t~ on~stxeet parkipq, t b. any substantia~ traffic congestxon, c. any substant~.al increasQ i.n tzaf~xc, ox d. any unreasonable burden upQn ~~ili~y s~rstems or upan any other pub].ic facili~y or pubZic service. • F2. The ZBA finds and determines that ~his special exception will be in harmony wfth Che qene'ral gurpose and inten~ of the Zoning ordinance. SPECZAL EXC$PTZpAI:5429specexprZ Page ]. . ~~~ !.~ ~ , , 01/26/2000 19:11 713-349-2754 PAGE 06 , ' .'. .' • ' ~ , ' F3. The ZSA finds and de~ezmines thati this special • exceprion: • (XX) does no~ ~nvolv~ a hax. () fr-valves a bar, and the Applicant has cZearly demonstreted ~hat theYe is a read~.ness, willingness and a~~lity ta camply with a11 applicable Zaws, rules, regul~tians and ordinances rel.atinc~ to alcoholxc beverages. k'4. The ZHA f~nds and determines ~hat [here insert any addi-- tional f indings and detsrm~nations xequired by the abave- re£~~enced section of the Zoninp Ordinance oz dea~.red by the ZBA]: The ettached condxtions, i.ncludi.ng the 'drawingr are approved by the zBA and ~.nca~porated herein by ref~~'enCe. ~~ ~~ ~~ ~ ~ ~ I • ~ ~ ~ 1 ; ~ SPECYAL EXCEPT~QN:5429specexp.l page 2 • B1/26/2000 18:11 713-349-2754 PAGE B7 F6. xhe ZDA finds and de~ermines tha~ all re~uired no~~ces • of this matter have been given ~~~ that all interested persons have b~en affarded an opportunity to be heard. ~T. . Conclusions; Gondi~ions; Issuance C~. x~e ZD~ concludes thak: .fi} ~~ has Zurisdictzon o~er this . matter; (ii) a~1 app~iCab1~ r~~uirem~nts of the Zanzng Ordinance have been satisfied;'{fii) this specia2 except~on shou~~ be granted. ~ C2. Th~ ZSA ~urther concludes thak conditians for this spe- cial ~xception: () are not required ahd nat pxescribed; ar (XX?.are prescribed in the attacbed "Cottclltions" Iist, and: • Certain condition(s) are pXescribed because they aXe necessar~ to enable the ZSA to maka findings , t~l and determinations, ~s ihdicated below: •• • ~ ~ #1 {use by tenants and employees) is neaessary ~ to make ~indzngs Flb {traffic congestion? and 2 ( i ~ ge~nexa~ purpose and c~~.enk) . I ~ ~2 (concreEe construction, curbs) and #4 ~ (drainage) ~re ndcessary to make ~in~in~s F].d (burden on publiio facilities) and F2 (general ~ • purpose and a.ntent). ~ ~~ ~3 (vehicular en~rancey is •necessary ta make finding~ Fla (on-s~reQt parking ), Flb ~'~ (traffic congestion) and F2 (gen~raZ purpase and intent). #5 (landscape axea, phasing} is necessary to make finaings Fld (bnrde[~ on publfc facf~,ities) and ~`2 (general purpose and intentf . #~ (lightfn ) anc3 ~7 are necessary to m~ke finciing F2 (general purpose and intent). ~6 (Qther) is necessary to make al], o~ the , findinc~s mentioned abave_ . Cexta~.n conditSons are prescribed because theX are atherwise necessary to minimize o~ diminish anyr adverse efPects vf the ~sopos~d specfal exception, as ~ollows: #1, #3, ~4r #5, ~6r ~7, ~8 SF~~CZRG~EXCFPTTON:5424s~ecexp.l p~ge 3 u ~ .. • 01/26/2800 10:11 713-349-2754 PAGE 08 C3. Based upon the findings, detextninations•a~d aonclusions set out above, the ZBA issves the sP~Cia1 exception described a bvve, including expreasly any ~xescribed cond~tions, al~ subject to the folZowing: ~ ~ ~~ ~ l~d ~ ~ • d~ ~ a. As ~rovided in Section 6-101 p~ the Zonipg Ozdin~nce, ~he existence of this s~ecial ~xceptian is an a~fir-- mative defense, and it is th,e burden o£ the Applioank (or othez person desiring this spec#,al excep~ion~ ta . prove tha~ this speCia7. except:[o2t was duly iasued and ~ that all conditions therain pr~scribed have beez~ cample- ' tely observed and :Eul~illed. Therefoz~e, i£ any con-- d~t~on be~ames unenforceable, is held invalid or becomes ~tmpossible to obs~rve or fulfil.~, th~,s special exc~ption sha1.1 be xneffecta.ve vndex said Sea~ian fi-10~, unless: (iy this special exceptian is recons~dered by ZSA and { f i) thi's spec~al exce~ti.an ~s re-granted without the affectec3 condition. ~~ shall be the responsibility of the Applicant or bther p2reon desixi~ng the special exce~tion to apply to the 2sA for ~c~aonsideration ih suo~ circumst,ances. b. As provzded by Sectipn 1I-103 0~ the Zoni.ng Drdinance, all varianc~s and special exaept~ons remain subject to rhe regulatory jurisdiction di tha City, and none shall , be deemed to gra~t•any pxoQ~rty righ~ or ves~~d right of an~ kind. • c. As prov~.ded in SeG~i4n 13-Z04 of ~h,e Zoning Ordinance, ao}r facilit~es ox structures required ~o comply with thi,s spacfal exceptxon must be maint~i.ned in qood working d~de~. However, any mare st~r~,ngent requirements set out in thfs special excep~ion sha].~, also apg],y. , C4. The Builr~ing Of ti~~,~~, o£ the City is authorized, bu~ not re~uired~ ~o cause a copy o~ this epeeial exce~tion to be reeorded in ~.he rea]~ properey recoxds oF Harris County, Texas. SPECTAL EXCE~TIOI~:5429speCexp.1 Pac~e 4 • ~ - 91/26/2909 10:11 713-349-2754 PAGE 69 , ~ . '~ '~ ' ~ ' . . • • • APPROVEb ~N IS3UED by the ZHA pn the day q~ ~ , 1 ~~ . c S i gn e d• ,ru-y^~ m e : ~ ~' ~'`i-, rr Tit1e: ~~~~ I'or the 2 BA Atttest: ,. ame: - Secretary o~ the aBA ~ ~ ~ ~I ~ ~I ~ • ~ ~ FZLED in the o£fice of the zsa this °~~~day of _~~~~Q~/ , 19 ~'1 ~ • ~ Name: 5 u s an ~-T'hvr~ . / T~.t~.e: ~u.rtrD/Il(~' S~t'.~`ri¢G~l Sa29:s~ecex~r.1 S~ECI,A~. EXCEPTYON:5424specexn.l page 5 • • 01/26/2809 10:11 713-349-2754 CaNDITIONS F~R SP~CIAL ~XCEPTION DOCK~T Np. 93-04 1. TENANTS,LMPLOYEES. The fac~.lity sh~ll be designed fox only by the Beila~re/Weslayan Sl~oppinq Cen~er tes~a~,n~s and theix employ~esr and the app.l~.cant s~a11. provide maintain a xes~riative sign to this affeat nea~ ~he entrance_ Thers must be a gate contro~.lecl by a"card key" or equiwalent system ~a prever~t acc$ss by unau~horixed persoz~s ox vehiCles. ~ PAGE 16 use and 2. CQftCRETEjCURBS. The facility design sha1l include rei,n~orced aQnstruction with curbs, meeting a].i xequirements o~ ~he C~.ty's ordinance~. 3_ VEHICULAit ENTRANCE. The f~.ci].~.~y design sh~ll include a vehicular entrance anl~r ~'X4lit Weslay~n S~reet with no curb cu~s on Ruskin Street. The eld res,id~ntial d~~veway approaches shall be removed, and a continuaus curb " prov3ded on Ruskin Street. ~ ~~ ~ ~ ~ ~ • ~~ ~ ~ 4. DRAINAGE. A11 drainage ~ha~1 be routed to Weslay~n. The Applicant shall .~nste].1 an underqround storm s~wer properly sized anc! desa,gned, which must connect the faci~ity to en accQptat~~e catch basin in We~Zayan. ~~ case of overflow, the surPace d~ainage must ba routed to wes~ayan eithe~c dir~Ctly or througri the a11~y (not via Ruskin). The unci~rgr~und ~ac~].it~es to handle the drainage ~ha11 br~ constructed before ~he ;Cacili~C~ is paved. 5. LAI~TDSCAPxNG AREA~ PHASINGr ETC, ta) The de~ign of the tacility ehal~. inc~.ud~ a landsCaping area on the bufiding site alonq tihe e~t~.xe boundary with Ruskin Stireet ~~xd at least ten feet wida (see attaahed drawing). Yn this area tl~ere mu~t be tx~ee-fotm shrt~bs (e.g.,red ~ip photinia, w~x ligust~wn or equivalent) at leas~ eight feet tall at t3.me of pZanting, but which wi~l be gxawn higher than ~he screening waZl ~o help screen th~ rear of tihe shopping ~enter and prevent light and glare spill4ver. ~he~e must be enough tree- ~orm sh~rubs to fo~ut a cont~.r-uous saree~ above the eight-fo~t level at m~turitp (approximately 25 large shrubs). Yn the lar-dscagix~g area; {i) tihe~e must also be at least f~v~ qualif5.ed trees {whiCh may be in th~ Citx right p~ way), (~,i) the semain.~ng ar~a must be Covered by srirubs, grass or ground cove~, (fiiy ~here may be~z~o strupt~lres at ar ahove qrouad, except ground I~ghts or a maximum o~ two lampppsts ne~~h~~c qreater thari six inchea in diameter nor higher ~han eight feet. Any such ligh~ing fixtures mugt be aompatible with sesidential us~s (no inciustri:al or ~ommerc.Lal type fixtiure~ being allowe~dy. Along Wes~ayan (in the right of way and along the ~zont pa~rt oi' the buildinq s.~te) ther~ rQUSt be at ~ • 01/26/2908 10:11 713-349-2754 ~' • . PAGE 11 xeast two qua~ified txees and a landscaping asea ~~ Z~ast five feet wifle covexed with grass, ox grou~d cover {except where driveways cross). A~1 vage~ation s~a11 be kept neatly edged, ~~immed~ mowed and groamed, mee~~ng standards equax to, o~ bette~ than, the preva~ling standarda u~ed by the City ~or paxk maintenance. There must be a Qe~manant irrigat~an ays~em to ~ov~r the landscaping areas aZong Weslaya~ and ~uskin, which shal~ be used ~u~ficiently ta keep••~h~ xequired vegetat~on in good ~ealth and g~owfng. (b) Alvng the ze~r of the I~ndscap~ng area th~re must be a~oreening wall e~~~nding from the east property~I~ne ta the w~~~ praperty line. The wa11 must mee~ the followinq sgecificationa: (~y It mus~ b~ e~ght f~et ~igh and p~oparly enqineered to meet City Cade compZiance rAquirements. " ~ ~~ ~ ~ ~ • ~ k'~ ~ (2) ~~~ must ~rovide an opague sGreen to co~~~ol glaxe. ~rom auto headlights, oas~te 13ghting, e~c. (3) z~ must have Bufficienti mase and othex charactexistics so thet it wl11 absorb ar ~efle~t sound and vib~atians (~ox example~, caxs starting o~ car doors slamming) at Ieagt ag wel~ a~ a solid masanz~r v1a11. (4) Lt must have an outer facxng along Ruskin S~reet that f~ compa~ible with nearby residential activiti.e$ e~nd visuaZly unob~rusiv$. Hrick of a kind cammonly used ~4r resfdent~.a1 congtruction i.n the City (i.e. modul,a~) will meet this ari,teria, Qrovided there are periodi.a calumns and aaps. Common cxnder block (w3th ar without surfac~ coati~,~ng wilZ not meet these ~r~te~ia. Th~ applicant mtay seek pormis~ion to use a substitute material, provided tha~ ~he proposed snbstitu~e mat~rxal musti have equal, or bett~r durabi].~ty and musC be eq~alllr compatibZe with aearby res,Lderit3a3 activit~es and ~isaally uziobtru~ive. (5) '~he sere~ning wall rrtust be inspeC~ed by the ownez or persan 3n control of the facz3.ity at ~.ea~~ onas each five ~rears, and a w~~,tten repo~t o~ the inspection must be made to ~h~ City's building official. Any deteriora~ion (S.ncluding minar p~oblems such as scaling, flaking, c~us~Ginq, mo~.ding or discoloration) and aay damage shal]. be coxxec~ed withfn thfxty days aftar it becomes obvious or 6~h;erwiae knawn to the owner v~ person i~ contro], of tihe faaility. ~ ~ ~ 91/26/2000 10:11 713-349-2754 PAGE 12 ~ (c) TherA must be ei~her a xestored or newly-co~~truc~~d sid~walk w~th3n both abuttinq street zigHts a~ waX, ~nc~uding wheelchair ramps, along the~whole length of each st~eet where iC abnts. (dy The follaw~~g wozk must be don~ before the Qark~ng lot eu~bs and paving are instai~ea on the sita: ' (1) remaval af old driveways $~d curb xe~toration, (2) restoration ox xepair of sidewalk, (3) insta~ls~ tioa of landscaping, (4) cons~xuction of ac~~~n- ~~g wa~~s a~ang Ruskin and the west prop~s~y line. This work daes not need to be done before tasks that invoive the entire site (like es~a~~ishing the proper gradss ~or site d~aina~e) o~ befare tasks ~hat would be unreasonably hampered i~ ths wall were built f3r~~, ~ ~ ~ ~ ~a ~ • ~~ ~ ~ S. LIGHTING. The interiaz o~ the parking faci~~ty must be lit to meet ~1~uminating Engineering SpCi~ty of North ,Axnerica '- staadards xegaxding ~overag~s (lightinq in~ensity) and spillage (shielding) using lights and standard nat grea~e~'_ thaa 22~ i~ ~efght. A~~ of ~he light ~hall be d~recte4 either perpendicularly or away ~xom the SF-3 District. Existing wall pack 3ights on the xeax of the shapping centex mus~ ei~her be removed or shielded so tha~ the lightg do not sh~ne tvward ~he SF-3 Districti. 7. W~S~SZDE SC~EENING FENCE ~R WALL. ~here must be a~creening fen~e or v~ra11 at least six fest h~igh along the wer~t property line~ fram the Ruskin sCxe~n.iz~g wa11 ta ~he sauth property line. ~tt~a cvndi~fan may be satisfiad by an extra fence or wal~ on the same build.ing ~~~e a~ ~he facilfty or by ~n adjoiniag, parallel fetnce or wa~l (ox~ the adjoining buil.ding s3te). S. pTHER ~QUZREMENTS. The desig~, construation and ope,ra~ion o~ the faQility shal~. also Comply wSth aIl agp~icab2e regulations ( inctluding, for. example Art~cles VII ~nd X a£ ~l~e Zoninq Ordi~ance and the various other ordfr~ances regulating buflding an.d construction) o~he~r Conditinns oi' this speciaZ to the extent not inconsistent w~tih vther conditxon.s o~ ~his excep~ioxt. The £aaility shall in a~.l respects comply with ~he drawir~q at~ached nereto This special +~xc~pti.an shal~ only authorize parking use a~ those times when ail of the ~oregoinq candit3ons are sat~.sfi~d. • • . ~ ~ 1~ 0. ~h ,~ ~~ ~ ~ ~~ ~ ~ ~ .ea~wakv.lv,syp+ ~g ~ ~ ~ ~ ~ ,`, ~ $ ~,a. e ~ ~ ~ ' 3 ~~ ~' ~ ~ ~ ~ ~.. ~ . ., . ~~ ~ ~ -~ .~ ~ ~~ ~~ ~ ~ ~ ~ ~ ~ W ~~~~ . • ~ ~c ~ v~ ~ i `t ~ . ~~'. ~ ~. , ~ ~ .. ~ -- ~ ~ . ~ ~ :~ ~ ~ ~~ .,~~ ~ ~ .. , . , ~..~' ~ ~ ~ ~~ ~..;,~ . ~ . ~ ~ : t_ ~~ . : ~ : . ~~ ~ -~ - ~ . . ~ ~.. ~ ~~~ ~ ~ ~ ~ ~ .- ~ . ' ~ f ~tl~~ ' . ~ . ~ ~ . ~ ~~~~ ~ ~ i ~ ~: ` ~ ~ A - - ~ , ~`~~ ~ ~ . y ~ ~i . ~ ..:._ ~ h . . I~a . • ~` ~ . e ,~~ . ~ ,~ • ~ ~ .. - . ~. a . ~ ~ , ~~* k , _. ~'' ' - ~ ~~~ . ~ ~ . _• ° "' ~~' . ~ .'.~ .A i ~ , v ~ ` , ~ . . ; ~ ~~~ ~ • - ~ -k J ~ ~, ~ i ` ~.~-.! - i ~• , . t . . ,, .! ~ ~ . ~': . r . 7 . . • ~ ..,~ ~ ~: . ~ ' r :J ~ ~ „ . ;' ~~~ ~''~ • . ; ; ~ M' . ' ~~.• ~• ~ ' . •', ' • + = ~~~ . ~~ ~ ~ . x ~ . ~ .:.. ~s . . ! `~~'~"4Ff Mw~ ~ ~ .._...... .. .._-.~.._ ~_, _.. ~S' . r~~ • , }" . .. _ . . ,. . - •-.... _ ~.~ , ' . ~ ~: -$ ': ~;~1't`' • , . EZ 3Jdd bSLZ-6tiE-BTL TZ:OZ 800ZJ9Z/T0 ~ ~ . ~ , . ~ City of ~est Uni~ersity P1ace • A Neighborhood City Zoning Board of Adjustment ~ ReeycledPaper City of West University Place, Texas ("City") DECISION TO GRANT A SPECIAL EXCEPTION Addi•ess ofsrte: 4004 Bellaire Docket #: O]-O] Legal ~lescription of the site: All that certain 3.8353 acres of land being all of Lots 18, .19, & 20 and adjoining alley out of Cambridge Place, according to the plat thereof filed in Volume 4, Page 55, Harris County Map Records, and Lots 1, 2& 3, Block 22, and adjoining alley, and Lots 7, 8, 9, & 10, Block 25 out of College View, Section One, according to the plat thereof filed in Volume 6, Page 44, Harris County Map Records, tract being more particularly described by metes and bounds. Burldrng Permit No: N/A Permiltee/Applica~71: Whole :Foods Market (with consent of Bellaire Shopping Center Associates, L.P.) Decision orAction Req:rested.• Request for an amendment ("Amendment") to the existing Special Exception granted by ZBA ' Docket No. 93-04, signed on April 13, 2000 ("1993 Special Exception"). The requested amendment authorizes a 14' high screening wall approximately 25' in length as a visual buffer of the loading dock and waste storage area of the Bellaire Shopping Center. ~'I ~~* kd'i ~ ~ ~ ~ ~ ~ ~ Both the 1993 Special Exception and this Amendment are specifically allowed by Note 5 of Table 7-1 of the Zoning Ordinance of the City of West University Place, Texas. Notice, Kearing, Findrngs, vote: ~X) Required notice ~iven by: Mail and on-site posting in accordance with Article l l by Sallye A. Clark, Planning & Development Assistant City of West University Place. (X) Reguired determinations have been made by the ZBA with respect to the special exception as ~ranted below: (proposed special exception will not cause any significant increase in on-street parking; proposed special exception will not cause any substantial traffic congestion; proposed special exception will not cause any substantial increase in traffic; proposed special exception will not cause an unreasonable burden upon utility systems or upon any other public facility or public service.) , ( ) Additional findings (if any): (X) Hearin~ held on: January l8, 2001 (X) The vote: Frank Billings, Steve Mazoff, Michael Neal, Mark Plagens, and Steven Segal for; no one opposed. Decision of the Zonrng l3oard ojAdjuslment (szrbject to all applicable uppeals): Under and subject to the City's Zoning Ordinance and applicable law, the 1993 Special Exception identified above is amended as follows: (l) An additional screening wall must be built in the location shown in the sketch attached to this Amendment. (2) It must be designed and maintained to deflect noise away from residences on Ruskin Street. (3) !t must be at least .14 feet high and at least 23 feet long depending on study and considering visibility triangle requirements. (4) Plans and specifications for the wall must be prepared and sealed by a registered professional engineer and submitted to the building official for plan checking and approval. (5) Completion of the wall in accordance with the approved plans and specifications must be certified to the building official by a registered professional engineer, substantially the same as required for a principal building. (6) Wall must match in appearance--and be designed to blend with--either the existing wall along Ruskin or the Whole Foods building, and it must have at least a 2' foot setback from the sidewalk. (7) The applicant must record this decision in the Real Property Records of Harris County, Texas. The decision will go into effect once the decision is recorded and a certified copy is returned to the Board's Office (c/o Secretary of the Zoning Board of Adjustment, 3826 Amherst, Houston, Texas 77005), City of West University Place. • Only the following structure(s) is covered by this special exception: The structure shown in the plan or sketch attached and made a part hereof. .~'~I~~~° ~ 3800 University Boulevard • West University Place, Texas 77005-2899 • 713•668•4441 • www.westu.org •Page 2 This special exception is for an indefinite period uniess a temporary period is indicated above. This special exception remains subject to the regulatory jurisdiction of the City, and it does not grant any property right or vested right of any kind. Effective Date cP~ Appeals: This decision takes as 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. Under Chapter 21;~ petitions for judici~ review must be presented within 10 days after the date this decision is tiled in the Board's office. / By: Attest: ~ ~ Y ai.rman, Zoning Board Ad' ment Staff Represent e, City of West University Place ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ F' Boa d • I R ~1, and~eepres muilecl on ~~- Q~ wl~t. -~o ..~ r--~ ~~ ~ ~ ~~ . .~ ~ ~ ~ ~ ~ • ~ ~ ~ • •.. -•-q.~-' h'1 yd '~ . . . ~'yl i /' ~ S' r y v v."'~~~ ~ ~ l Z.00 _ • . " ~. / .. ._ + ~ _ ~ _ ~ ._. - _ ~u , n ~ ^~ ~? t4-f~~~c5~ =- ._ N y' I ' ; ~ I ~ ` }. ~ ~'' .~-•,~; - rti ~''~ i /,' •,`.,.~ 1~`~ ` / ~J~ ' I ,~ ~~• I '~~~~' `+,~ ~~ ~`+ '~ + .` ` ~ /'~ ~ ~~.,, ~~ ~ ,: '~ ~ ~r ~ ~ ~' N ~ ''~'r I ~ ~~~ ~ <.J ~~. 'r~~, `~~ ~~ •~ ~ .. ~~ ~ ~-,.. , rt '~ ~ i ., '~-.,~ '~ cn ..~f. I r'~ .''~ ~ ~``'' ~'~ ~ FJ ,,~+~ I . ~ I / ~, 1~~ f i /'~ ~".,~. '^~ ./'~ ~ ti`. ~`"~. ./'~~,, - .~''~ ''~. ~'~. ~ ~~~, ~~' f•~ ` ~ .~''~ '`~ ~'` ,, '~ ~~' ~''~, ~. .~' "`ti, ~,ti ~ r.~ ' ,~•••ti. , ~. .~~ ~..•''~ ~..~ ~. `~..ti i r ~-`~~~~~M~~,.I +L~_ ,.~.~..~ J r~„~~.~~~..-_~_~...~..~~~~ ~.r„' .. r' r ~ ~/~ ~+~`~ ~~ ~ ~ L~id.b.~_ ....r~..~.-~ ;• , • i~ .'_ ; ~ ~ City of ~est Uni~ersity P1ace . A Neighborhood City ~ Re~~~ ~~ ~ Zoning Board of Adj ustment City of West University Place, Texas ("City") DECISION TO GRANT A SPECIAL EXCEPTION (PNC STATUS UNDER SECTION 12-105) Address ofsite: 4004 Bellaire Docket#: 00-26 Legal description oJthe site: All that certain 3.8353 acres of land being all of Lots l8, 19, & 20 and adjoining alley out of Cambridge Place, according to the plat thereof filed in Volume 4, Page 55, Harris County Map Records, and Lots 1, 2& 3, Block 22, and adjoining alley, and Lots 7, 8, 9, & 10, Block 25 out of College View, Section One, according to the plat thereof 61ed in Volume 6, Page 44, Harris County Map Records, tract being more particularly described by metes and bounds. Bzrilding Permit No: N/A Permittee/Applicant: Bellaire Shopping Center Associates, L.P. c/o Trammell Crow Company Decision or Action Requested.• Request for a Special Exception to reinstate PNC status of the Pervious Area Requirement in 4~1 Commercial District due to Sunset Provision ~ • ~'~ Notice, Hearing, Findirtgs, Vote: ~ (X) Required notice given by: Mail and on-site posting in accordance with Article l l by Sallye A. Clark, Planning & Development Assistant City of West University Place. ~ (X) Required determinations have been made by the ZBA with respect to the special exception as granted below (proposed special I ,p q~ exception will not cause any significant increase in on-street parking; proposed special exception will not cause any ~I substantial traffic congestion; proposed special exception will not cause any substantial increase in traftic; proposed • I special exception will not cause an unreasonable burden upon utility systems or upon any other public facility or public ~ service.) ~ (X) Additional findings (if any): (i) a substantial investment was reasonably made in the PNC item (identitied below), or in ~ reliance upon it, (ii) extension of PNC status is necessary to allow a reasonable period in which to amortize the investment, or to avoid an unreasonable waste of any remaining value of the PNC item with PNC status. (X) Hearin~ held on: January l8, 2001 (X) The vote: Frank Billings, Steve Mazoff, Michael Neal, Mark Plagens, and Steven Segal for; no one opposed. Decision of the Zoning Board ofAdjzrstment (szrbject to all applicable appeals): Under and subject to the City's Zoning Ordinance and applicable law, a special exception as specifically allowed by Section 12-105 of the Zoning Ordinance, is issued for the site identitied above subject to the following: (1) This special exception only applies with respect to compliance with the pervious area requirements of Table 7-3 (l5% tor entire site, 2 sq. ft. per parking space in "island" or COpeninsula" configuration for front parking area). The existing site and front parking lot do not comply with these requirements. This non-compliance is the PNC "item" under Article .12. (Note: Compliance with the pervious area requirements was required at least since October 24, 1997, when the "sunseN' period prescribed by Section 12-103 expired). (2) This special exception grants an extension of PNC status for a fixed term of 35 years beginning on the date this special exception is signed. (3) This special exception allows the rebuilding of the front parking area, but only with regard to the overlay of pavement and installation of pervious areas in right-of-way's. (4) As a condition to this special exception, current parking lot storm sewer system must be maintained with its current capacity; pervious areas and vegetation shown in the attached sketch must be provided and maintained. (5) As a condition to this special exception, the owner of the site must submit a drainage study if Staf'f or the Board t7nds it necessary in the area of the site and requests the study in writing. (6) The applicant must record this decision with the Deed oT Records of Harris County, Texas. The decision will go • into effect once the decision is recorded and a certifled copy is returned to the Board's Office (c/o Secretary of the Zoning Board of Adjustment, 3826 Amherst, Houston, Texas 77005), City of West University Place. ~X~II~1T C 3800 University Boulevard • West University Place, Texas 77005-2899 • 713•668•4441 • www.westu.org ~ , ~ + ~ _ Page 2 • TH1S SPECIAL .EXC.EPTION APPL:I:ES ONLY TO THE SPECI.F:IC PNC `ITEM' .DEF[NED ABOVE. IT DOES NOT APPLY TO ANY OTHER ASP.ECT, USE OR PART OF TH:E SITE OR STRUCTUR.E IN QUESTION, NOR DOES IT APPLY TO ANY OTHER ACT1VlTY, SITE OR STRUCTURE. TO OBTAIN PNC STATUS FOR ANY OTHER ITEM REQUIRES SEPARATE APPLICAT.ION, NOTICE, HEARING, PROOF AND BOARD FINDINGS. NOTHI.NG IN THIS SPECIAL EXCEPTIONS IMPLIES THAT ANY SUCH FINDINGS WOULD OR WOU.LD NOT BE MADE BY THE BOA.RD. This special exception remains subject to the regulatory jurisdiction of the city. It may be amended or revoked. This special exception grants no property right or vested right of any kind. E,~'ective Date & Appeals: 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. Under Chapter 211, petitions for judicial review must be presented within 10 days after the date this decision ~ is filed in e ard's office. ~ ~ By: Attest: ° ~ C airman, Zoning Board of Ad~ust nt Staff Representativ City of West University Place M dt WI' ~/'~ ~ i ed i 's o~ e on ~ ~W 1 and se~ies mailed ~Q~~, O` /, ~~' ~> u-Za~ ~v/ ~~a ~ ~a ~ ,~. ~ . ~ ~~ ~ ~~s ~~ ~i.~ ~ ~ ~ _f ~ ~ ~ ~ ~ ~ ~ ~ s , _~ ~ -~? ~ ~ ~~ ~~ ~ ~~~--~5=~~3~i ~ ~ ~ ~ ~ ~ D ~ y ~ ~ ~ ~ ~ 0 ~ ~ ~~~. w r ~u ~ r M V r . ~~ ~ ~ ~~ O ~ ~ ~ ~ ~ ~ ~ ~ ~ o ~ u ~ ~ ~ o ; ~o ~ ~~ ~o az > ow aa", ~ aa ~ a ~o iQ ~ c~ w ~ ~ O w H O z ~ ~ ~ 3 ~- --- ~ ~ ~ ~ ~ ~ d ~d ~ ~ 5 0 ~ a `" ° ~ ~~ ~ ~' ~~ ~a ~ Q aw aH F ~~ ~ U ~ ~a ~~ E~ F z ~ ~ E ~ O > ? O U ~~~o Ey F op W W ~ .~ 33vo ; :- .~ ~ ~ \`-~.7~~~~rb~ ~ . ~ ~ ~: ~ ~ . ~~HIBIT ~ _ City of ~est Uni~ersity Place • A Neighborhood City Zoning Board of Adjustment ~ Reeyeled Paper City of West University Place, Texas ("City") DECISION TO GRANT A VARIANCE Address ofsite: 4004 Bellaire Docket #: 01-01 Legal description vf the site: All that certain 3.8353 acres of land being all of Lots 18, 19, & 20 and adjoining alley out oT Cambridge Place, according to the plat thereof filed in Volume 4, Page 55, Harris County Map Records, and Lots 1., 2& 3, Block 22, and adjoining alley, and Lots 7, 8, 9, & I0, .Block 25 out of College View, Section One, according to the plat thereof filed in Volume 6, Page 44, Harris County Map Records, tract being more particularly described by metes and bounds. Bi~ilding Permrt No: N/A Permittee/Applrcanl: Whole Foods Market (with consent of Bellaire Shopping Center Associates, L.P.) ~i ~~ ~ ~ ~ ~d ~I ~~ ~~ ~ Decision orAction Requ~sted.• Request for a variance from the requirement for a special screen around a loading dock, as required by the Zoning Ordinance, Section 8-105. Notice, Hearrng, Findrngs, Vote: (X) Required notice Qiven by: Mail and on-site posting in accordance with Article 11 by Sallye A. Clark, Planning & Development Assistant City of West University Place (I~ Hearin~ held on: January 18, 2001. (X) Required statutory fndin~s made (variance is not contrary to public interest; due to special conditions a literal enforcement of the ordinance would result in unnecessary hardship; spirit of the ordinance is observed; . substantial justice is done.) ( ) Additional findin~s (if any): (X) 'I'he vote: Frank Billings, Steve Mazoff, Michael Neal, Mark Plagens, and Steven Segal for; no one opposed. Decision of the Zoning Board ofAdjustment (subject to a[! applicable appeals): Under and subject to the City's Zoning Ordinance and applicable law, a variance from Section 8-1.05 of the Zoning Ordinance is granted for the site identified above, subject to the following conditions: (1) This variance only allows deletion of a gate across the opening of the loading dock as long as the special exception for the wall is in effect; all other required segments of special screening must be provided and maintained. (2) A screening wall at least l4 feet high and at least 23 feet long must be constructed and maintainect in the location shown in the attached sketch. The wall must also comply with the applicable provisions of this Board's orders, including the special exception for the rear parking area (see amendment to special exception granted on or about this date). (3) The applicant must record this decision in the Real Property Records of Harris County, Texas. The decision will go into effect once the decision is recorded and a certified copy is returned to the Board's Office (c/o Secretary of the Zoning Board of Adjustment, 3826 Amherst, Houston, Texas 77005), City of West University Place. This variance is for an indefinite period as indicated above. This vAriance remains subject to the regulatory jurisdiction of the City, and it does not grant any property right or vested right of any kind. Effective Date &.4ppeals: The decision takes effect as 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. Under Chapter 211, petitions for judicial review must be presented within 10 days after the date this decision is filed in the Boar s office. By: Altest: irman, For the Zo ' g oard Adju ent Sta .. Represen ive, City of West University Place • I Flled i e rd' oJ e ' ,_~~~in c~uies maileFl on ~~ ~. B ~ ~ ~~ 3800 University Boulevard • West University Place, Texas 77005-2899 • 713•668•4441 • www.westu.org ,.. _._•~.s.J /~~ ~ . . ~~ . ~~j J.Y V_~3~~L , L Z.OO _ ~ ~~~' ~ .s r .. ~~ ~ ~ ~ ~" N . .. ~ M f ~,. . `~~~r~ ~,i•. ~., ., ~,'. .r,•~ ~'' ~r v- ~,..•. r rr t~ ~,.•.' ~ in /~ .~ ,,'' ~. r..~ ~ W ' ~~,. ~~ ~ f~r .~~ ~,, •f1 / /,•+ ' ry ~ ~ ~r .,., ,... . ~ ~ i- • n n r r ~ S~e~-fch -t~ ~A+tach ~o ~e5ic~ on ~ C~ra~i- ~/C~,ri~.nC~ (~c~C.l~e,~'~C~ I - n I z u~ z°~ ~~-N '~iti ~~~ ~~~ a, w ~ 4~ a. w ~~ ~~ a ~ ~a ~°a ~° ~ ~~ ~i E ~ ~ p U 5 ~iS O U .w_ r - ~~+f ~+~f ~~,,.-:1.C_.._,._~ca,rn. J ~ ~/~ ~rl~~,~~~.~---.~..~..---- ~ r"r / I"~•~ n I 1- - ~-~~ _.' ~'~`~' ~' `~ ~`"'`~ ~',~_ ~ ~ ,..a• , ~ ` ` . I ~ ~ ~~ ~ ~ ~ ~ f i I I . ~ , '•1'I •.... ..... ............ ...........C. ~ ~. ir .~ nn i' . ~ , ~ ~, • . ' JAN-08-2091 16~29 WCG&F 713 222 9000 P.08i13 '.~ i• ~.. - ~ . ~ ~ r~ss~~~ ~ ~ ~ ~~~~0~~ 1 ~~92 SP CI.~L WARRA,NTY bEED i765199 STATE OF TBXAS § ~ ~VI~W AL• L MEN BY TF~SE PRESENTS: COUNTY OF HARRIS § IN~'ERCITY INVESTMEI~IT PRO~~RTIES, INC., aTexas corporation (whether one or more, "Grantor"). for and in considerarion of the sum of TEN AN'll NO/1a0 DOLLARS ~,,I ($10.00), and other goad and valuable co~idcration paid by BELLAIR~ S~QPPING t~^~ CENTER ASSOCIATES, L.P,, a Texas limited partnership (whether one or more, "Crrantee"), the receipt and sufficiency of which are hereby aalrnowiedged aad confessed~ subject to the exceptions, liens, encutu6rances, terms and provisions hereinafter set forth and described, has GRANTED>'BARGrAINED, SOtD and CONVEYEA, and by these presents does hereby 1~+~ GRANT. BARGAIN, SELL and CONVEY, unto Grantee all of that certa~in lot, tract or parcel '~" of land situated in Harris Counry, Texas, and being more particularly described in E~xhibit "A_' ~'I attached hereto and incorporated herein by reference for a{1 purposes. ~ ~ TOGETHER WiTH, aIl and singulaz, the rights, benefits, privileges, easements, ~'~ tenements, hereditamen,ts, appurtenances and interests thereon or in a~tywise ~ appertaining ~~ thereto atid with all improvements located thereon (said land, rights, benefits, privileges, I• easements, tcnements, hereditament, appurtenances, improvements amd interests being ~y hereina$er collectively referred to as the "Properiy"). l~'I ~] ~; ~( ~~ '~is conveyanca is made subject and subordinate co the encumbrances and exceptions f ( Permitted Exceptions ) described in Exhibit B attached hereto and incorporated herein by ~ reference for aIl puxposes~ but only to the extent they affect or relate to the Preperty, and without limitation or expansion of the scope of the speGial warranty herein contained. TO HAV~ 11ND TQ HOLD the Property, subjeet to the Permitted Exceptions as aforesa.id, uato Grantee, and Grantee's successors and assig.~s, forever; and Grantor daes hereby bind Gfrantor, and Grantor's successors and assigas. to WARRANT and FOREVER 17EFEND, all and singular, the Property~ subject to the Pernutted Exceptions, unto Grantee, and Crrantee's successors and assigns, ag~inst evety person whomsoever lawfully elaiming or to claim thc same or az~y part thereof by, through or under Grantor, but not otherwise. • EXCEP7 AS EXPRESSLY SET FQ~T~ YlY THAT CER'xA,~N AGREEMENT Q~ SALE AND PURC~ASE DATEX) AS OF APRII. 7, 1999, BX AND BETWEEN GRAN'I'OR, AS SELL~R, AND 'X'~7;AMM~LL CROW HOUSTON, LTD., AS PU~tCHASER (A,S HERETOFO,RE MODX~~D OR AMENDED, 'xHE "CONTRt~CT"), AS HE~TUFORE 1VXODIFIED OR AMENDED, AND IN T~E CLOSYNG DOCUMEN'rS TO BE EXECUT~~ IN CONNECX'XpN THE~i2,EW~TH ('THE "CLOSING DOCTJiVIENTS"), XT IS UNDEl75TOOD AND AGREED THAT GitAN70R ]MW1KM8liLAlRL14WDSF~.1 • • ~...r{Vrl,t.i..~b~J I~r~9r~..•~. .--J ~.: ;~ qg a ~-,~-8'5 ~- ~CHIB~T ~ - JAN-08-2001 16~30 WCG&F ?13 222 9000 P.09i13 ~ ~~ 5~~~04-1~93 IS N4T MAK~N~ AIYb HAS NQT AT ANY T~E MAI)E AN'Y WARRAN'TIEg OR REPRESENTA'~'~QNS OF ANY KYND ~R ~AARACTER, EXP~SS OR IMpLIED, WxT~ ~ESPECT '~'4 THE PROPE1tTY, INCLUDIIVG, BUT NOT L~1IKTTED TO, Ai~1Y WA~{RANTZ~S O~t REPRESENTA~IONS AS TO ~ABITABIZ,,YTY, i.i~r ~..u.-`~t~Zin3i:rii tt C'iT~ FZ~:~i.3S ;~i~ ri Pr'~RT~~Cu~...~Li: i ZT''nP~SC,. 3Y ITS ACCEpTANCE HEREOF, GRANTEL ACIQVOW~EDGES AND AGREES 'I'~iAT, UPON CLOSI~G, CRAN'TbR SHA,LY, SELL AND CONVEY TO CIt~iNTEE ANp GRANTEE SHALL ACCEPT THE PROPER'x'X "AS YS, WHERE ~S, WITA[ AI,~, FAUX,TS", EXCEPT '~'Q THE EXTENT EXPRESSLY P~LOVIDED OT~~RWISE IN T~~ CONTRACT AN'b YN THE C~,OSING DQCUMEN'rS. GRAPdTEE ~PRESEN~S T4 GRANTOR THA'Y' GRANTEE HA3 CONDUCTED SUCH INVES'~'IGATIONS Q~ 'Y'HE PROPERTY, INCLUDINC, $UT NOT LXM~'r~D TO, TSE P$YSICAL AND ENVIItONN1EIVTAL CONDITIONS THEREQF, AS G12ANTEE DEEMS 1V~CESSARY OR DESYl7ABLE TO SA~'ISF'Y TTSELF AS TO TB.E CONAZTrON OF T~iE `~,~ PRO~EI7TY AND THE EXIS7~NCE OR NONEXISTENCE OR CTJ~2A1'YVE ACTxON ' ~~ TO BE ~AKEN WITH RESPEC"~ TO ANY ~IAZARDOUS OR TOXZC SUBSTANCES ON Q~ DISCH~-RGED FROIVI TIiE PRQpE1~TY, AND WILI, REI,X SOY ~LY UPON (~~ , SAIYXE AND NOT UPQN ANY Il~iF'pRMA,TYON PROVIDED BY O~t ON BEHAI F OF ~~ ~ GItA,NTdR OR ITS AGENTS O~t EMPLOXE~S VVTTH RESPECT THERE'X'p, OTHER ( THAN SCJCH REPRESENTATIONS~ WA,RRAN~S AND COVENAN'~'S O~' ~I GRA,N'rOR AS ARE EXPRESSLY SET FOR'x'~ ~1V '~'~~ CONTRACT ~iND ~1~T 'z'~E I~I CY..OSING DOCUIV~NTS. GRANTEE FU1iTHER ACKNOWZ.EDCES AND AGREES ~ • THAT ~~~ ARE NO ORAX, AGREEMENTS, W,A-~tRANTTES, OR (~ REPRESEN'X'A'xYOl+t5, COLLATER.AZ, TO OF AFFECTIl~iG THE P~OPER'Y"Y, BY ~j GRANTOR, ANY AGEIVT dF GRANTOR, OYt ANY THIRD PARTX. CRANT~OIt YS ~~ ~ NO'~' T.IABLE OR BOUND IN AN'Y MANNEIt By ANy VE~AX, p~ yVgTT-rEN S~A.'Y'~MENTS, REPRESENTA~~NS, OR INFORMA'~'~ON PE~tTAINYNG TO THE P~tOPERTY FU1tNISHED BX ANX ~AL ESTATE BROKE~2, AG~N'Y', E1VYpLOYEE, SERVANT OR OTHER PERSON, TJNLESS THE SAME ARE SPEC~ICA,LL~,' SE'X' Fp~TH OR REFERItED TO IN'T~E CONTRe•LCT. BY ITS ACCEP~'A1~TCE ~~QF, GR.AN'r~~ COVENANTS AND ACREES TI3AT IT WII.,L NOT MAKE ANY C~,.A.~MS AGAINS'r, OR SEEK INDEMrTIFICATION FROM, GRANTOR RECxARp1NG THE UNDERGROUND STORAGE T.AN~S WgICg CURRENTI,y E3QST UN TFiE PRQp~~TY OR THE POSSIBLE POLY.UTION THEREFRQM. Grantee does hereby assume and agree to pay any and all ad valorem taxes and special assessments p~rtaining to the Property for calendar year 1999 and subsequent years, there having been a proper proratian af ad valorem taxes for the current calendar year betaveen Grantor and Grantee. ,MVnrcMe~wn~swnssos -2- • JAN-08-2001 16~30 WCG&F . { ~ EX~CUTED as of the 4th day of June, 1999. G pR: 713 222 9060 P.10i13 ~ E ~2~~~~~ ~ 4~~ u~1'T~RCI'i"Sl I~YV~'S3~i~Ta i'tZQPE~t'~'~S, ~~ INC., a Texas corporation r -- ~.. By'~ ~. ~ ,~ Na~e: E win B. 3ordan, Jr. Title: President GR.ANTEE'S AAl'~RESS FOR TAX NOTICES• ~` ~" c% TC $ellaire Shopping Center, Ina. ;~"I 1360 Post Oak Boulevard, Suite 1800 ~I Houston, Texas 77056 ~ Attu: Mr. Alan Hassenflu ~~ ~` ~ • List of Exhibits: i~h ~~~ Exlu'bit "A" - 1'roperty Description ~ Exhibit "B" - Perinitted Exceptions STATE O~ TEXAS § § COUN'Y"Y OF HARRIS § This instnuz~ent was AC~KNQWZ,EDG~D before ma, on the 4th day of 7itx~e, 1999, by Edwin ~. Jordan, Jr., Presidcnt oF IN~RCITY INVESTMENT PROPERTIES, ~'NC., a Texas corporation, an behalf of said cozporation. . ~ / ` Nctary Pub , e of Texas ,Mw~rex~aeua~n~swne~.t • -3- K. HIGHFfELD ~n~~ar~ Mr~~qpin~~a,~ot • JAN-0B-2001 16~31 • WCG&F E3CHIBIT ",4" 713 222 9000 P.lii13 ~~ ~~ 2~-Q4-f~9 P1~OPERTY DESCR,IPTION MET~S ~ BOUND8 DESCRIPTION 3.8353 ACRES OF LAND CITY OF WEST UNIVERSITY PLACE~ HARRlS COUNIY, TEXAS A11 that cartain 3.8353 acres of land being a11 of Lo~s 18, 19 8- 20 and adJoin'tng elley out of Cambrldge Piace, ~ccording ro the plat thereof filed in Volume 4~ Page 56, Hartis Couniy Map Etec~rds, and Lots 7. 2 S 3~ 81ock 22 and adJointclg alley, and Lots T, $, 9.8~ 10, Block 2S out of Co-lege Vew~ 5edion One, according ta the pfat thereof fited in Volume 8, Page 44~ Wamis County Map Reoords, safd 3.8353 acre Vad being more partlculatiy descrihed by metes and bounds as fo1laws: BEGINN1NCi at a found 6l8' iro~ rod marki~g the northeast comer of eaid Black 25, College Vew, ~~ sectton ~ne; ~'~ ~ THENCE S 00° 21' 37' E-115.15', wiih the vesterly r~ght of-vvay line of Weslayan Avenue (width varies), ~~ to a set'X• in cnncrete for comer, ~ THENCE N 89° 31' 40" E- 3.bB', to a set ~C' in cancrete for camer, ~~ I~ • THENCE S 00° 10' 45' W, 390.19', with the w~terly ~Ight-of-wey line of s~id Weslayan A~enue~ to a set I P.K naif for oomer, ~~ THENC~ ~ 89° 48' 00" W- 370.00', wittt the northeriy right-o~way Ilne of Bellaire Boulevard (120' wide), ~~ to s found Southwestem Bell Telephone Company concrete monument for comer, ~~ '~iENCE N 00• 10' 54" E- 388.43', with the wesieriy line of s~id Lot 18, Cambridge Place. to a w~ood fence comer for oomer i~, 7HENCE N 89° 31' 40' E-166.94', with th~ southeriy Iine oisaid Stock 25, carrege v~w, Sedlon One, to a set P,K. n~i! tor comer, THENCE N 00° 21' 37' W-115.i5', with the westerly llne of said t„ot 7, Block 25, College ~ew, Section Ona, to a found Socrthwestem Bel! Teiephone Company ooncrete monument for oomer, THENCE N 89° 31' 40' E- 200.00', with the southerfy right-af-way line of Ruskfn Street (60' vblde), to the PflINT OF B~GINNING and containing 3.8353 acres (767,067 square feet) of land, more or Iess. r,')`~ ~ : ; .,'~ ~ y ~~ ..-. ~ .~ ~~~ ~ ~'_~ Z.. ~ ~'..) '_ , . ~ . . ~ • '~~~ '.\ ~ ~ _ ~ <. \ . _ r :.~i ~ :S~~J .f:" ~ ~ ~ \ ~ M M~ il r ,amm r.. T•y +-s~-e.~ Y G ,& • ~~Y ~ i • 1• ~ ' ~ • ~ ~ `~ ~~ ~I ~' ~ ~ • ~- ~ ~ JAN-~08-2001 16~31 WCG&F 713 222 9000 P.12i13 r ^^ ,. r , ~2E'u~-~ I ~9 ~~CHIBTT "B" PERMi1"TED EXCE.PTIONS 1. Any and all leases with rights of tenants in possession as tenants only in those c~rtain leases described in that ccrtain Assignment and Assumption Tenant Leases of even date herewith fram Grantor, as assignor~ to Grantee, as assignee, relating to the Property. Z. The fallowing matters shown on Survey dated May 11. I999, prepared by ~ 1Zickie L. Butts, R.P.Y,.S. No. 477b: {a) Power poles and averhead powet and telephone lines, centered oa the north 125' o£ the most westerly property line, and extending along the southerly Iines of Lats 3 tlu~vugh 10, Hlock 25 of College View Addition; . ~. LL~ ,..i :~. (b) Evidence of underground water, gas, and sanitary lines located paraZlel to the aforementioned power lines and poles; (c) Building overhang into Weslayan street right-of-way; (d) Two large signs Iocated in the south properiy line, and oz~e small sign located in the east property line; (e) Two monitor wells located in the southoast comer of the Property; ( fl Two water main vaults located in the southeast cvrner of the Properiy; and, (g) Fire hydra~,t located inside the east property line of the Pmperty. . ~ N a ~ Y., " 4~. ~.. +` • W. Q. '~ ~,•~~ t ~ ~. " :) -~' r~S; ;`, ~ ' ~ ,, a~'+ a•'~i .;: . ~~~~~~~.~ RECORDER'S MEMORANDUM: At the time of recordatfon, this instrh to oe~aphic found to be inadequate for the best p 9~ reproduction because of ileegeb~ilityll baock uts, photo copy, discolored pap A the InstrumeM was filed nd re,roprredednt at the time :isMOilf~1~71M~t~tAF~fhoReEiltE. _.~I MoF~tleemltEfl n~a~otn~aoae~a~iu~eaanxuNO ooFx~~evw T-tF STATE oM TEXAS l COt1NiY OF HARiu9 f st tu`j~np11a i/1 In~M~l,11 ~1~ t~~nine wa fILEO le tM1 Nt~In ~~M 11ECOllo[o, 1~ 11~ o111eiil ~.1ui I~:ii li~f:i'Riu~ii~iiily~ii NMM CIr'F~ iatl d ~uN 4 1999 ~~ """~r~ 's~„"'~~~~ ~~ ~ ~~ cour~rY cceR,c * HARRIS COUNr1r Tp(p,s • ~'' ~' ~~ ~ ~ ~ ~ • ~ ~~ ~ PpOfEptl~j ~AlISEOfCOl0A0ANAtE6N ILIDANOVMENFOASE11tEU1CEAFFOfRIIIAM THE STATE OF TEXAS COUNTY OP HARRIS IMnan~M~~mn~~AEE0a0E0.Yi Olficql~hlc~~~N+~p~lNm*N m su~IMNnNe~~~ ~~{~a1M1 ~a,~.r,u~«~ MAY - B 2001 .~~~~~~~~ ~ COUNTY CLERK HARRIS COUNTY. TEXAS ~ • City of ~est U~i~e~sity P1ace ~ ZOrTING BOARD OF ADJUSTMENT City of West University Place, Texas ("City") DECISION TO GRANT A SPECIAL EXCEPTION Address of Site: 3505 Bissonnet Legal Description of Site: Lot 1& 2, Block 92, West University Place Second Addition Building Perr~:it Number: Permittee/Applicant: St. George's Church Decisiori or Action Reguestect or Proposed: A request for special exception to authorize Church use and a New Day Care, mAximum of 60 children (using existing education facilities) in a Single Family District. Notice, Hearing, .Findings, Vote: ( X) Required no[ice given by: Mail and on-site posting in accordance with Article 11 by Leslie Montisano, Planning & Development Assistant City of West University Place ( X) Required determinations have been made by the ZBA with respect to the special exception as granted below: ( X) Additional Findings: Proposed special exception will not cause any signiCcant increase in on street • parking; proposed special exception will not cause any substantial traffic congestion; proposed special exception will not cause any substantial increase in traffic; proposed special exception will not cause an unreasonable burden upon utility systems or upon any other public facility or public service; and the proposed special exception will be in harmony with the general purpose and intent of this ordinance. ( X) Hearing held on: September 16,1999 ( X) The vote: Frank Billings, Steve Mazoft', Mark Plagens, Sue Porretto, and Steven Segal for, no one opposed. Decisiaz of the Zoning Boar~l of Adjust~ne~it (suGject to all applicable appeals): Under and subject to the City's Zoning Ordinance and applicable law, a special exception to "allow a new Day Care (maximum of 60 children), which will operate Monday through Friday during the hours of 8:30 a.m. and 2:U0 p.m., as an accessory use as altowed by Table 7-1 of the Zoning Ordinance, is granted: (i) to the permittee/applicAnt named above, (ii) to operate a day care at 3505 Bissonnet, and (ui1 subject to the following conditions (if any): A trmffic olan will be implemented to ensure traffic along Mercer and Sewanee is kept to a minimum during daycare hours. This special exception is for an indefinite period un.less a temporary period is indicated above. This special exception remains subject to the regulatory jurisdiction of the city, and it does not grant any property right or vested right of any kind. Effective Date & Appeals: This decision takes effect on the date it is filed in the Board's oft'ice (c/o Secretary of the Zoning Board of Adjustment, 3800 University Boulevard, West University Place, 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, Texas 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. ey: P6~ ~~ airperson, Zoning Board of Adjustment ~ Auest:r~ ^ ~ / ~ 1~~~`'~~ Staff Representacive, City of West University Place (~!,o~Q~~ p~o c~.ti ~.~ Filed in the Board's office o~t~~,-F~land copies mailed (see-a~ eHe~~ on ,~499, By; ~ (J City of ~est U~i~ersity P1ace ~ Building and Standards Commission City of West University Place, Texas ("City") DECISION TO GRANT A VARIANCE Address of Site: 5308 Buffalo Speedway Legul Description of Site: Lot 2, TrACks 1 B& 1 C, West University Place Second Addition. Building Per~nit NaenzGer: Perntittee/Appli.cnnt: St. Andrew's Presbyterian Church Decision or Action Reguestecl or Proposed: Request for variance to allow eleven signs on the property, nine of which are directional in nature and one which will be placed within 5' of an existing sidewalk. Notice, Heuri~ig, Fi~tdings, Vote: ( ) Notice given as follows: (X) Hearing held on: October 7,1999 (X) Permissive Factors: In considering this variance, the BSC took the following into account these matters (if any): () The variance will assist in the preservation of historic structures. () The application involves remedial work necessary to bring a structure into compliance with applicable ordinances. (X) There aze other similar circumstances in existence. (X) Mandatory Factors. In considering this variance, the BSC took all the following into account: -Whether the applicant made an earnest, good faith effort to comply with the requirement. ~ -Whether the applicant brought the matter to the attention of the City on his own motion, without intervention or enforcement action by any City official. -Whether alternative methods or procedures will achieve the same, or substantially the same, result as literal compliance with the requirement. (X) Required Findings. The BSC aff'umatively finds all of the following: - The imposition of the requirement imposes an exceptional hardship upon the applicant. - No reasonable and feasible method or procedure is currently available to comply with the requirement . - The imposition of the requirement is unjustified because of good and sufficient cause demonstrated to the BSC. - The variance will not introduce or increase any threat to the public health or safety. - The variance is consistent with the purpose and intent of the ordinance in question. - The variance will not cause a nuisance and will not unreasonably interfere with the use of nearby property. - The variance will not cause a fraud to be worked upon the public or any individual. - The variance will not cause an increase in public expenditures or budgets. • - The variance will not create an irreconcilable conflict with any other ordinance, law, rule or regulation. (X) Additional Finding~: None (X) The vote: Albin, Blum, Collier, Durrani, Harper, Hughes, McDaniel FOR; none OPPOSED. Decision (subject to all applicnble appeuls): A variance (or interpretation) under Chapter 3, Section 3.207 (b) and Table 3-1 is granted to the permittee/applicant named above to allow eleven signs to be placed on the property, nine of which are directional in nature and one which will be placed within 5' of an existing sidewAlk, subject to the following conditions: 1. All freestanding directional signs shall be uniform in design, height and color. 2. All wall mounted directional signs shall not be higher than 8" and shall be uniform in design, and color. 3. Sign #1 shall be placed no closer than 3' from the sidewalk and the space on the sign between the top of the stone and the display area to be a minimum of 3". This variance is for an indefinite period, unless a temporary period is indicated above. This variance remains subject to the regulatory jurisdiction of the City and it does not grant any property right or vested right of any kind. Effective Date & Ap : This decision takes effect on the date it is filed in the Board's office, unless otherwise indicated above. .1ny ap t i ec' ion e ubject to and governed by applica le ordinances and laws. By: Attest: ~-~~~~ a~r, uilding and tandards Commission Staff Representative, City of West University Place ~j q~ I~c `~ ~ `1~'~ U~~-`~o Ct•~r~ Fi[ed in the Boarcl's office on ~~-' ~~ ~/ and copies nwiled (se~.L~it~~) a: ~a- ~~ C1 By: Cit~ of ~est U~ive~rsit~ P1ace • ZONING BOARD OF ADJUSTMENT City of West University Place, Texas ("City") DECISION TO GRANT A VARIANCE Address oJSite: 4220 Bissonnet Legal Description of Site: Lot 6,131ock 2, College Court Placc Building Permit Number: Permittee/Applicctnt: Matthew Nguyen Decision or Action Requested or Proposed: Request for variance to allow the existing garage to remain in its current location in which the front corner is an encroachment on the front (20') building line of the property. Notice, Hearing, Findings, Vote: , (,~f Required Notice given by: Mail and on-site posting in accordance with Article 11 by Leslie Montisano, Planning & Development Assistant City of West University Place ~ (,~} Hearing held on: June 17,1999 (,~ Required statutory fmdings made: Variance is not contrary to public interest; due to special conditions a literal enforcement of the ordinance would result in unnecessary hardship; spirit of the ordinance is observed; substantial justice is done. (/j Additional Findings: None (,~' The vote: Frank Billings, Michael Neal, Mark Plagens, Sue Porretto, and Steven Segal tor, no one opposed. Decision of the Zoning Board of Adjustment (subject to al[ applicable appeals): Under and subject to the City's Zoning Ordinance and applicable law, a variance irom Article 7lTable 7-2 "Yards (or "setbacks")" is granted to the permittee/applicant named above for the site identified above, to allow the front corner of the existing garage to remain in its present location. This does not authorize any ezpansion or new encroachments. This variance is for an indefinite period, unless a temporary period is indicated above. This variance remains subject to the regulatory jurisdiction of the City and it does not grant any property right or vested right of any kind. EJfective Date & Appeals.• 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, West University Place, 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, Texas 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. By; CQ-'tJl~ ~ Attest: ~~,~i(.l.l / I I~~/.f .t't'~/) ~ C auperson, Zoning Board of Adjustment Staff Representative, City of West University Place Filed in the Board's o~ce on oZ.U , l999 and copies mailed (see attached list) on o~ ,/999, By: ~~ , ______. Zoning Board of Adjustment City of West University Place, Texas ("City") ~ Address of site: 6616 Belmont DECISION TO DENY A VARIANCE Legal description of the site: South l/2 of Lot S, Block 6, West University BuildingPermitNo: n/a PermtttePJApplicant: Lours De Laura, Architect and Agent jor owners Gayle L. H. Hall and Gordon Hall Decrsion orAction Requested or Proposed: Notice, Hearing, Findings, Vote: () Required notice given by: Christine Cavalier, Building Secretary () Hearing held on November 5, 1998 () The vote: Sue Poretto, David Mannon, Mark Plagens, Michael Neal for and no one against. Decision of the Zoning Board ojAdjustment (subject to all applicable appeaLs): Under and subject to the City's Zoning Ordinance and applicable law, the variance from Section 24, paragraph 30 DISTANCE FROM PROPERTY LINES of the Zoning Ordinance is DEI~TIED. Rulings on individual required findings (optiona~ a request for these individual rulings must be timely made): (1) Required Finding: "variance is not contrary to public interest." () This finding could be made. () This finding is impossible. () Unpersuasive proof, () No "special condition" proved. () No hardship proved. () Other: (2) Required Finding: "due to special conditions a literal enforcement of the ordinace would result in unnecessary hardship." () Positive finding could be made. () Positive fmding is impossible. () Unpersuasive proof. () No "special condition" proved. () No hardship proved. () Other: • (3) Required Finding: "spirit of the ordinance is observed." () Positive finding could be made. () Positve is impossible. () Unpersuasive proof. () Variance would not observe the spirit of the ordinance. () Other: (4) Required Finding: "substantial justice is done." () Positive finding could be made. () Positive finding is impossible. () Unpersuasive proof. () Substantial justice would nol be done if the variance were granted. () Variance would have adverse impact on others. () Other: (5) OtherRequiredFindingCfAny): Ejfective Date & AppeaLs: This decision takes effect on the date it is filed in the Board's office ( c% Secretary of the Zoning Board of Adjustment, 3800 University Boulevard, Houston, Texas 77005), unless otherwise indicated above. flny appeals of this decision are subject to and govemed by applicable ordinances and laws, including: the Zoning Ordinance and Chapter 2] 1, Tex. Local Government code. Under Chapter 211, petitions for judicial review must be presented within 10 days after this decision is filed in the Board's office. By: ~~ ~j~1~ 4'~~ Attest: ~ ~~~~V.I.~.u.~ ~~~~~~ Chauperson, For the Zoning Board of Adjustment Filed in ~he Board's o~ce on November , 1998, and copies mailed (see mailing list attached) on November , 1998, By: Christine Cavalier, Building Secretary. . • 7--~4-1995 3:23PM FR~h1 7i3668~411 Zw~iag Board u!' Adjustm~at City of West Uaiversity Place. Tacn t"C~h'"} DECISI~A1 TO GRANT A 9PECIAL EXCEPT70N • ,aaa~eu ~~ru: 4oos, aou3, aoos, a~om ~~, ~~, r~ 77oos Leg~a! d~aalpeto„ o~the sia: l.dts 9 and 10, Block 3. 8isso~ad I'leoe B~g Pe~r,u No: P~iuir/App/tcait: '!he P~iacxtoat Orottp. Tcc., WiWato A. Stum. Pceside+eG Declston orAotio~Rsqt~ssfed erP~vpwssd: Notfca hls~in~ Firu~ng~, Yote: ReWi~d ~otioa 6i~uaot bY : Cie~ of West Univa~iry PSaoe Hnild~g Divisioe~, Deanis i~otza. Sr.. B~di~na 0&cial Required d~a~o~inatiaas hsve ber.a mede by d~s ZBA wetb respat to tbe apecid ex~eptioa ~s graated btlaw (prvpose xpcid acception wall aot cau,e ~ry ~b~centiel tra~ie con~estion: pioposod special acc~p0ioo will not canse ~ary ~bstaotial ~ m v~c; yxopos~ed sp°~ial waoe~tiom wiU aac eauee aa uro~e~ameble bordnn vpon uatiq~ sys~ao9 ar ~ my otba puWia lac~iry or public faciliry ar public sr~n+ioe.) . Additi~oal Sa~ags (if a~cy): ' He~uing ~dd on: Augutt Z0,1498 TLe votc: Sue Pvrect0. Franic Hill~a, Soeven Sega~. Micb~d Neal Tor. no aase eigai,as+ 8~'~'6• Decistan oJdre Zv~+ir~ Boad oJA~iwnxsa~ (~ubjret m d! qpp-~ceblr aPpsal~: ~ader and 9ubject ~o the Cic~s Zv~ing Oirdioa~ aud ~p~pbk !aw• a aD°ci~ri ewcepaion Wr ~ y9[d Teduotiou (co~oa wall~). as spe~ibcatly dZow~ by Socliacn. ~ 09_t ot'r~ ?~ooo~iag Orcbaeno~. is Booted :(i) ta tAe permitberJspplicaaa u~aed ebov~e (u) for ths edte ideu~ofiod ebo~ver and (iii) subjaK to 1he iotloaw~g rAaditioas (iTaa~: No Conoditiaa~,s 13ia specisi ~coepRa~ is fas ~ io~dsfraoe pariod tmlesa ~ a,~pae~sry yaiad is mduoatsd abovt. Thia spe~ial exaep~ rca~siu~ ~ubjeet m nc~ regul~tary jutisdia~ attl~e au~r~ ead it dow not ~ra~t aa7 P~'oD~+~Y ~~' ve:a~d:igt~t af aay kiad. FJ~'re~~w Dlute ~.Ip, ptwla; Tltis docti9iom t~as effat oa the d~e it is 51ed io the 8o~sd'a a~oe (c!o Secraary a~ the 7,omiag Soard af Aa;u~ 3aoo v~venuy soa~k~-aa, F~+~o~ ra~ ~7oso~ ~ale~ othe~ ~ea eb~e. aQy epp~a of ~is aocis;aa~.n ~ub;r~ to aad ~oveiaod bY ~pli~abk a~d'viaaoes a~d law~ inc,tudi~g: tbe Zae~iag Ordia~oe ~d C~ 211~ Tcx. Local Cevaemaemt Co$e. Uudor ct~epter 2l a. Peetia~a ~rn judicisl ceviea- muse be pre~ttod a-ithin l4 daya ~Rer ttic date t1~i~ ~ia~ is filod ia tbe ~ds o~. H1`~' _....~ ~ ~...+.. '9tAr~R ~ Far fhe I.oo~n~ ~3o+ad c~ ~-djus~naat Fi~al M~fie Boe+nd'~ o,~r an StOneasbrs ~l ~1 l~98, aqd Copiea ~paJltd (ut n~pili~,g Jist attaclkdJ on Ssp/saber J 4, 19A8. $y: Cdnsti~e CaYAlid'. Loaiug Sva[d a[Adjoetioe,nt Se~.7+eta~y P. 2 • ~~ .. ,, Zoning Board of Adjustment City of West University Place, Texas ("City") ~ DECISION TO GRANT A SPECIAL EXCEPTION Address of site: 2716 Bellaire, Houston, Texas 77005 Legal descriptron of the site: Lot 4, Block 2, Belle Court Building Permit No: Permittee/Applicant: NPA Inc., Mr. Su T. Nguyen, Agent Decision or Action Requested or Proposed.• Notice, Hearing, Findings, I~ote: Required notice given by : City of West University Place Building Division, Dennis Holm, Sr., Building Official , ~!'` Required determinations have been made by the ZBA with respect to the special exception as granted below (propose sepcigl ' exception will not cause any substantial traffic congestion; proposed special exception will not cause any substantial iricrease in traffic; proposed special exception will not cause an unreasonabie burden upon utility systems or upon any other public facility or public facility or public service.) Additional findings (if any): Hearing held on: August 20, 1998 The vote: Sue Poretto, Frank Billings, Steven Segal, Michael Neal for, no one against granting. Decision of the Zoning Board of Adjustment (subject to a!l applicable appeals): Under and subject to the City's Zoning Ordinance at~l applicable law, a special exception for aside yard reduction (common walls), as specifically allowed by Section 1493 af the Zonu~g ~ Ordinance, is granted :(i) to the pemuttee/applicant named above, (ii) for the site identified above, and (iii) subject to the following conditions (if any): No Conditions This special exception is for an indefinite period unless a temporary period is indicated above. This special exception remains subject to the regulatory jurisdiction of the city, and it does not grant any property right or vested right of any kind. ~ LJfective Date & Appeals: This decision takes effect on the date it is filed in the Board's office (c% Secretary of the Zoning Board of Adjustinent, 3800 University Boulevard, Houston, Texas 77050) 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 Govemment 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. By: XJ~IJI~ ~ ~~/L. ~ Attest: Ch irman, For the Zoning Board of Adjustment Filed f~ the Board's o~ce on September 14, 1998, and copies mailed (see mailing list attached) on September 14, 1998. By: Christine Cavalier, Zoning Board of Adjustment Secretary • • ', . e` ~ 7-04-1995 3:23PM FROM 7136684411 •~. T.o~iag Board a~Adjw~ut cfry of west vaiv~siry ~1ao~ raxss ("Giry'~ DECI~ION TO GRAM a s.sECtpL Exc~riON • Add~raa of,riAr. 27~6 HetJaire. Ha:sEo~t, Taos 77005 Legot descriptio,~ oJrJ~s srce: Y,ad ~, Blxic z, Sclk Couct Build~,~g Penrrir No: pe,+xta~eelqppGcant 1VPA Tiao.. Mr. Su T. Ngsy,en. Ages~t AcciatonorActtoRRsqrrs.rt+~d orPrvpated.~ P. 3 botia„li~ort~ Fi~altn,~i Yore: Roqtti~od tlotioe pvm by : City of Wat Uaversity Place Buildi~sg.bivisioa, L)e,wais Hob~ Sr., B1tildiug O~ciel Ytequirod datamioRtions bave ban ma~e by tbe 7.BA with re~pect ta the special e~a~ep4oa aa grantad bclow {prvpo~e sepoal pcutpcioa wiU uvt csox anp substtnGel tr~a cos~8estio~: pmpos~ed ~,ecia! dccEp4aa~ wi11 aot cmtst u~y 9ubsUmtid iacrca~e ia aafFa: peopo.~pd speciai e~aoeptioa a~ill nat eause an utmas~tbk b~ud~a ttp0a Wility as~ms at ~tpoa aay otbea yublie faCilily ar p1sD]ia ~'aciiitr a public sexvice.) . Addilio~l fiqdwYs (if aa9): FIeacaa lsdd oa: Avguat 20,1998 . T4o vae: Sus Panadp. Fradc Billinp, Stevem~ Segea, M~chml Tk~i fa. ao oa~e sg~ioet ~reuaaag ~Dec~tto~ ojtl,e zo,dng Boqnd oJAd m+~sau (aWb~ect m oA apPlkabh qpPerdr): U~ amd a~rbje~et tv the tatys Zatdng O~ ~ad ~k law. s~ora~! e~ptiaar far ~tde pmrd r~adnotie~ (oottunaoi walls~ aa spociBasUy etlo~wed by So~tioA 1~93 a~the Zvoiag Ordia~aoa. is ~~atsd :(,y to tbe gamietea/xppa~at Aaa+ed ~e. G'y~ ior ~e x~i~ ide,atified abav~. ~d (u~ aabjoet t4 the ~ ~6 ~ G~+m9)~ No Cmdiaons T~-ia ap~a~l txtx~am is i~ ~ indebaite pcriod tmlps e bernponry paiad i~ ia~oaEed ~bav~e. T'his ap~cial ace~eption ram~ius wbjeet OD t~D tegt~dvey juriactiaAiau o~Ptba City~ u~d it do~a ~aat ~raat may prop~stY ri~t as .,~stcd right a~ dtp lottd. Bffectivs Ddit ~~peols: Tlris ~aa takw a~eci oa tb~ de0e it u fi~ed in the Botrd's. o~"ioc {da S~cretety af ~e Lo~ai,ag 8aed af ~. 3~00 U~versity Bo~va~d. Hw~fae~ Te~aa ?'705a} w~less etbawiae iadi~ta+d ~Uo~ve. Aay sPPe~ls of ttus dceisiom, a~ee a~bj~ct ta amd ~o~aaed br ap~vlic.ele o~.aoes eaa Lwa~ meJWding: a,~ zowag ~i~mce wd r.b~apsxr z 31, xax t,ocat vover,~a~t cade. umd.o~ chapter a 1 l, paitiosts 5ac j~dici~l review must bq p:rE9lKWed witbia l~ ct~qa aRer t~ d~te Rlis d9+ca~on is tled ~ t~,e 8oard'a o~os. 7~vC.~ ~ ~ .41Aesl: ~ cb ' , Fozt4e Zamin6 HoQd ofAqju~amt Ft1sd trr db~ 8aaid'a o,~'loe on Sepae~ber !~ l9AB, aad ca~aples Arallad (m mail~ !!e~ aaaeJGs~/ o~ Sep,le~ber 1~, I998. By_ Cbrisaine Gv~ties. Z,ooing Boaxd otAdju~ant Sasetacy • ~ Form ZBA-201(04c:\wp51\forms~zba201.54orig) ~ Zoning Board of Adjustment City of West University Place, Texas ("City") DECLSION TO GRANT A VARiANCE Address of site: 3402 Bellaire Legal description of the site: Lot 1, Block 43, T~1est IIniversity Place First Addition BuildingPermitNo: Pernrittee/Applicant: 1Ks. Shelby Ranly and G.C.P. Investments Corp. Decision orAction Requested orProposed: Request for Variances as outlined i.n attached supplement (as corrected) Notice, Hearing, Findings, Vole: (~ Required notice given by: Posting (Municipal Building ~ Site) ~ Mail (residents) () Hearing held on: Seutember 29, 1997 () Required statutory findings made (variance is not contrary to public interest;due to special conditions a literal enforcement of the ordinance would result in unnecessary hardship;spirit of the ordinance is observed; substantial justice is done.) ( ) Additional findings (if any): ~ (~ The vote: Porretto, Billings, Plagens, Neal, Haber for, 1~lannon against. Decision of the Zoning Boand ojAdjustment (subject to all applicable appeals): Under and subject to the City's Zoning Ordinance and applicable law, a variance from Section see attached supplement of the Zoning Ordinance is granted to the permittee/applicant - named above for the site identified above, subject to the following conditions (if any): see attached supplement (2) as corrected This variance is for an indefinite period unless a temporary period is indicated above. This variance remains subject to the regulatory jurisdiction of the Ciry, and it does not grant any property right or vested right of any kind. Effeclive Date & Appeals: This decision takes effect on the date it is filed in the Board's office (c% Secretary of the Zoning Board of Adjustment, 3800 University Boulevazd, 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. Under Chapter 211, petitions for judicial review must be presented within 10 days after the date is decisio is fi in the Board's o~ce. By. ~~ ~ ~, .~ At[est: ~ ~ Chairman, For the Zoning Board of Ad~ustment ~Filed in the Bourri's o ice on ~-~ ,- , 19 , arrd copies mailed (see madling list attached) on fl C~ ~ ~ , 19 , By: ~ • • Section Issue Request Staff s Proposed (Zoning Conditions (if Ordinance) Variance is Granted) Article 5: Proposed lots l, 2, 3 and 4 do not Variances to allow the Require that the street be defmitions have a front street line, "because use of the private street platted as a private street they do not touch a public street. along west line, which (with emergency vehicle They would touch a proposed private would then become the access), unless alternate drive along the west line "front street line" for lots arrangements are made to I-4. the satisfaction of the Z&PC. This would also apply to the northern most portion of Lot 1 and provide access to Westchester. Table 7-2 Proposed lots 1, 5, 4 and 8 would not Variance to allow a zero Require that the adjacent have 3- foot interior side yazds on setback at the "open" reserves or driveways be their "open" ends, where there is no ends where there is no restricted, by plat to open common wall. common wall. azea only. 20- foot rear yazd (all proposed sites) Vaziances to reduce the Limit the height to two rear yards to 6-14 feet stories with a maximum (varies by unit). ~***~ of 35 feet. Table 7-4 Maximum dwelling units per acre is Vaziances to allow lots 2, Limit the height to two 21.5, which requires 2,026 sq.ft. per 3, 6 and 7 to be 2,000 stories with a maximum site. Proposed lots 2, 3, 6 and 7 are square feet. of 35 feet. 2,000 squaze feet. PDD-THl Maximum two curb cuts on Variances, if necessary, Third Westchester curb Westchester (appazently this rule to allow three curb cuts cut to be available for all applies to all curb cuts on the street). on Westchester. emergency vehicles. Living space setback rules require 20 Variances to allow living Limit the height to two feet from rear property line and 10- space setbacks 6-14 feet stories with a maximum 15 feet from the front. in the rear of each unit of 35 feet. (varies by unit) and five feet in the front for each unit. Spacing rules require: (i)50 feet Variances to allow closer Limit the height to two between facing living space spacing in the rear of stories with a maximum windows, (ii) 40 feet from eaves or each unit. of 35 feet. balconies to windows into living space of other units, and (iii) 20 feet from living space windows or balconies to walls of other units. (***) This should be Variances to reduce the rear yard to 6-14 feet between units (back to back)as requested. This is the promona.de area as indicated on drawing provided at ZBA meeting and as informed by applicant and staff ~J ~ ~c ~ ~ ~ ~ ~ 1- .~ ~ ~ ~' ~.IN~ as. o ~ ~ - b~~r~ ~ ~~~ ;~d~~+o1 Ib'~•~ ' ~ ~. . I . ~..~:~ ~ ~ ~~ ~ ~i 1~ ~. t? ~~: ~ ~ ~ r~ ~\~~~ ' '. ~ 'l~'' ~ t' , M~q~' NF~. I~ ~ . .I ' ' ; ' I n~ ~; w.~./~ ~ ~ - i~~ ~ ~ 1 I I _____ ~ ~ i ~ °I . ( ~I ~ b ~ . . . ~~ -,.- F ~~ : ' ' ~ ~ ~ ~' ~ ~~~ ;'~b(3~~ _~ ~ _ I ..~- . ~ ~ ~ ~ ~. i ; ~ .~ I w ~ ~~ • V ~ ~ ~ N .~ • V 3~ ~ ~ ~ ~I ~ ~. ~ ?' • ~' .o ~ • ~ ( i~l ~ '~ ~ . ~.~ ~y ~ a ~ ~ t I '~ ~ ~ • ~J •~' ,*- ( ~ .~ ~ ~ . ,~•~ •~ ~ I ~ ~ ~~~ 3 ~ ~ ~ ~ .. ~ ~l~F ~ ~ a ~' ~. . ~~ 3~ . ~ • ! ~ ~ i ~ ~ .~, ~ ed-r ~ l~~~ ~ ~ i 'w ~ - ~ ~~~~ ~ ~ ~ ~- . ; ~ ~ ib . , ~ .. ~=,,~a~ ~. 4~~ ~. ~.~ ~ ~ y ' ' '~ . ...~~ _. .,,~~ ~ ~ ~ ~'~ : I ~ ~ ~; ~ ; ' ~ ! ~ ~ i ~ ~I~~ ~~ (~~4 ~. ~ ~ '~ `~ ( I . . ~ ~.; ~ ~ ~ ~ ; , ~ . ~ . , ~ . ~ 1''~~' I ~ i ~ ~ . ~- ~ ~ ~ ~ ~ ~t s ~ 1 - ~ '~ ~. ~ ~' . ~ ~) ~ ~; ' I -~- f ~ ~' . . ~ ( -i ~~~I ~: ( ~ t ~ I v I ~ , ~ ~ ~ . ~ . , I . ~d ~yr+~e ~ru~ ~/~ q~~-~6~ ~' ~. ~ ~ ~i ~ ~ ~ ~. ~.~a°t~~ ~wr~. 1~r~:l~~'r-~f'~I`Z C~ ~'~" ~l I~- .~ ~ ~ ~ ~ I ~ . ~ ~y ~ 3.~ ~ ~ I ~ ~? .~ o ' ~ ~; . ~ -, ~ ~ ~ ~ ~ ~3 . i.. ~~:.n.~-~, ~ ~/~ ~ + -- `~ 1 .Y. i~ .` ` ` Zoning Boazd of Adjustments • ~ City of West University Place, Texas ("City"1 Decision to Grant Variances Continued Attachment #2 ~ / The variances listed on the attached supplement aze granted, subject to the following conditions: (1) the staffs proposed conditions, as listed on the supplement, must be fulfilled for each variance, (2) there may not be more than three curb cuts on Westchester Street, and (3) there must be a replat for the site as presented to the Board, and the replat must be filed with, and approved by, the Zoning & Planning Commission and duly recorded. All variances remain subject to the regulatory jurisdiction of the City, and none grants any property right or vested right of any kind. ~ • ~ , ~ Form ZBA-201(04c:\wp5l~forms~zba201.54orig) • Zoning Board of Adjustment City of West University Place, Texas ("City") DECLSION TO GRANT • VARIANCE Address of site: 3402 Bellaire Legd description of the site: Lot 1, Block 43, West University Place First Addition Building Pennit No: Decision orAc~ion Requested orProposed: Perntiitee/Applicc~t: Ms. Shelby Ranley and G.C.P. Investments Corp. Request for Variances as outlined in attached supplement Notice, Hearing, Findings, Yote: (~ Required notice given by: Posting (Muncipal Buildin~ & Site) & Mail (residents) (~ ) Hearing held on: ~s,ntpmber 29 ~ 9~~ () Required statutory findings made (variance is not contracy to public interest;due to special conditions a literal enforcement of the ordinance would result in unnecessary hardship;spirit of the ordinance is observed; substantial justice is done.) Additional findings (if any): • () The vOte: Porretto, Billings, Plagens, Neal, Haber fOr, Mannon against. Decision of the Zoning Bocmd of Adjustment (subjecl to all c~plicable cg~peals): Under and subjeat to the City's Zoning Ordinance and applicable law, a variance from Section see attached supplement '~ of the Zoning Ordinance is granted to the permitteelapplicant ~ named above for the site identified above, subject to the following conditions (if any): see attached supplement (2) This variance is for an indefinite period unless a temporary perioc~ is indicated above. This variance remains subject to the regulatory jurisdiction of the City, and it does not grant any properiy right or vested right of any kind. ~ Effective Date & Appeals: This decision takes effect on the date it is filed in the Board's of~'ice (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. Under Chapter 211, peritions for judicial review must be presented within 10 days after the date this decision is filed in the Board's office. . ~ ,.u~_ ~ h'Ov~:2 ~¢~,, A ttest: "L° By: Chairman, For the Zoning Board of Adjustment . Filed in the Board's oJfice on ___~~~~ l7 , , 19 , By: 19 ~/, cmd copies mailed (see maiJing list attached) on ~~ i Section Issue Request Staff s Proposed (Zoning Conditions (if Ordinance) Variance is Granted) Article 5: Proposed lots 1, 2, 3 and 4 do not Vaziances to allow the Require that the street be defmitions have a front street line, "because use of the private street platted as a private street they do not touch a public street. along west line, which (with emergency vehicle They would touch a proposed private would then become the access), unless alternate drive along the west line "front street line" for lots arrangements are made to 1-4. the satisfaction of the Z&PC. This would also apply to the northern most portion of Lot 1 and provide access to Westchester. Table 7-2 Proposed lots 1, 5, 4 and 8 would not Variance to allow a zero Require that the adjacent have 3- foot interior side yazds on setback at the "open" reserves or driveways be their "open" ends, where there is no ends where there is no restricted, by plat to open common wall. common wall. area only. 20- foot rear yard (al( proposed sites) Variances to reduce the Limit the height to two rear yazds to 6-14 feet stories with a maximum (varies by unit). of 35 feet. Table 7-4 Maximum dwelling units per acre is Vaziances to allow lots 2, Limit the height to two 21.5, which requires 2,026 sq.ft. per 3, 6 and 7 to be 2,000 stories with a maximum site. Proposed lots 2, 3, 6 and 7 aze square feet. of 35 feet. 2,000 square feet. PD.D-TH1 Maximum two curb cuts on Variances, if necessary, Third Westchester curb Westchester (appazently this rule to allow three curb cuts cut to be available for all applies to all curb cuts on the street). on Westchester. emergency vehicles. Living space setback rules require 20 Variances to allow living Limit the height to two feet from rear property line and 10- space setbacks 6-14 feet stories with a maximum 15 feet from the front. in the rear of each unit of 35 feet. (varies by unit) and five feet in the front for each unit. Spacing rules require: (i)50 feet Variances to allow closer Limit the height to two between facing living space spacing in the reaz of stories with a maximum windows, (ii) 40 feet from eaves or each unit. of 35 feet. balconies to windows into living space of other units, and (iii) 20 feet from living space windows or balconies to walls of other units. ~J . ~ + •. . ~ ' ' ~' ~ ~ ~ ~ :~~ ~: (. . i~~~:~ ~i ~ J ~ ~: "`~~~ • ~.t' ; ~ ~ ~ r} J~~` ~~ ~t ~ ~' Mbl~' 1ilr~~ s+s./o~ t ' , . . ~' ~ ' , ; ' 1 ~'"' ~1~ '~~ 1M'c~~ ~ ~ i ~ ~ ~~;/ ~ ~i I ~ . , ~; ~, , ;, ~~~ . ~ ~ ~ . .~~ $ , ~ ' ~~~ ~ .~ ~ I '' ~ . 1 '''~ J ~ I , j ' ~ ~ O ~ ~#' t _ _~ . I ,..~- . ~ I ~ ~ 4 ~ ~ o ~ ~ '•~ + ~ ~ ~~ ~ . ~ ~ v,~ .~ - ~ ~ ~ ~, ~ ~ ~ v _ .,• .,~ ~. ~ . },, . ~ ~ ,tl w ~ I I . 3 ~ ~ '~t H ~ ' ~ ~~ ~ I ~ ~ ~ ~ ~ ~ ` a ~! ~ • ~ I .! ~ . . f x 1 . ~ . ~ tA ~ ~ ~ ~ ~ ~ 1 ~~ ~ ~ ~ ( ~ ( ~~ ~ . ~ ~ i . ~~ o ~ 1~ v ~ ' - I ~b .~a ~b' ~~~ fl ~ . ~- ~ ~~~~ ~ , ~ ~_ . ~ ~ ~ ~ ~ . ~ ~ . I~.. .. . ~ ~ ~ . -:`! . ,r~ g ~ . I i ~~ ~ ~ ( . ~ ~ . ,~ i • . ~ ~ ~ ~~ ~' ~ ~ ~ ~ V~ ~ :c .~~ , ~ ~ ~~ ~ i ~ ~ ~ ~ . '_~} ~'~ ~ . ' $ ~~I ~ '~ ~ ~. ~ •~• . . .,~ .. ~.~4 ~. , ,s ~ i ~ '~ ; ~ ~ ( ~ ; , ,~ .I 1~`~~' ~ ~I I. ~- ' ^ t* ~ ~ ~ ., .I ~.~~~ ~~ i I f~ ~ . . ~ - i .~1 ~~.~~ : , , . ; . ~ I . ~~ . ~ ~ . ~ ~ ~ ~vr~+.~ w/~. q~~~ -1• ~' WN~ ~sts•D~ ~ b~ .~!' tib. ' ~O I~+'~d '?~ F~ b~ ~ . ~ 'Jqt~=K- . ~ . ~.t„r°'if~ ~~~. ~ ~ ~, w . I ~ -a y ~ 3 .., ~ ~~ I~~ .~o ; ~~ ~ . ~ _ ~ ~ ~ ~ .; ~. ~s.n.~~ ~ v~/~ ~ ~• . ~~ . ~ ~.. . • Zoning Board of Adjustments City of West University Place, Texas ("City") Decision to Grant Variances Continued Attachment #2 ~ The variances listed on the attached supplement aze granted, subject to the following conditions: (1) the staffs proposed conditions, as listed on the supplement, must be fulfilled for each variance, (2) there may not be more than three curb cuts on Westchester Street, and (3) there must be a replat for the site as presented to the Board, and the replat must be filed with, and approved by, the Zoning & Planning Commission and duly recorded. All vaziances remain subject to the regulatory jurisdiction of the City, and none grants any property right or vested right of any kind. ~ Forta ZBA.203, 8-24-94(04c:~wp511fomu1zba403.34) . Zoning Boazd of Adjustment City of West Univorsity Placs. rexas ("City") DEC~SYON TU GItANT A SP~CYAL EXCEPTION Addness oJsite: 3402 BELLAIRE Legal deacription of ihe site: LOT 43, BLR~. 1, FIRST ADDITION, WEST UNIVERSITY PLACE Burlding Pe»ni1 No: Permillee/Appliccmt: SHELBY RANLY DeCisiOn or/~Ctian Requested orProposed.• TO BUILD EIGHT SINGLE FAMILY TOWNHOMES WITH ZERO WIDTH SIDE YARDS ATTACHED BY COMMON WALLS. Notice, A'earing, Findings, Voie: (X ) Required notice given by: POSTING(MUNICIPAL BUILDING & PROPERTY)MAIL(PROPERTY OWNERS) (X ) Required determinations have been made by the ZBA with respact to ths special exception as granted below (proposed special exception will not cause any significant incraase in on-street parking; proposed special exception witl not cause any substantiat traffic congestion;. proposed speeial ~ exception witl not cause any substantial increase in traffic; proposed special exception will not cause an unreasonable burden upon utility systsms or upon any other public facility or public service.) ( ) Additional findings (if any): ~X~ Hearing held on:^ THURSDAY, JUNE 26, 1997 (X ) The vate: ~,u~I~TN~~. ~N~~I~.3~.~~SF: ~~.for, _ NONE against granting. .ecrsion oJthe Zoning Boa~of Adjustn~ent (subject to d/1 c~plicable appeals): Under and subjeot to the City's ~ Zoning Ordinance and appiicable law, a special exceptian for a zero-lot line attached by a common ~ail as speciftcally allowed by Section7-2 note 4of the Zoning Ordinance, is granted: (i) to the permittee/applicant named abovo, (ii) for the sita identifiad above, and (iii) subject to the following conditions (if any): This special exception is for an indefinite period unless a temporary period is indicated above. This special cxception rcmains subject to thc regulatory jurisdiction of the City, and it does not grant any property right or vested right of any kind. , Effeetive Da[e & A ppeals: This decision takes effect on the date it is ~'iled in the Board's office (c/o Secretary of the Zoning ~oacd of Adjustment, 3$00 University Boulevard, Houston~ Texas 77005), unless otherwise indicated above. Any appeals of this decision are subject to and govemed by applicable ordinances and laws, including: the Zoaing Ordinance and Chapter 21 ], Tex. Lacal Crovernment Code. Under Chapter 211, petitions for judicial review must be ~~esented within 10 days after the~date this decision is filed in the Board's office. ~y; .~ ~ ~/ ~A«est: v~- airman, For the Zoning Board of Adjustment H'orm GHA-2U4(U4c:\wp5l~tbrms~zba2U4.54ong) Zoning Board of Adjustment City of West University Place, Texas ("City") ~(o '~~, DECISION TO DENY A SPECIAL EXCEPTION Address of site: 3~l / 7~rv~n~r~ ~al description of the site: B uilding Pe»n it No: Perm ittee/A pplicant: Decision orAction Requested orProposed: Notice, Hearing, Findings, Vote: ( ~ Required notice given by: ( '~ Hearing held on: ~ -!~'y~o (~ The vote: for, against granting; or for, against denial. Decision of the Zoning Boarr.~ of Adjusiment (subject to all applicable appeals): Under and subject to the City's Zoning Ordinance and applicable law, the special exception requested under Section of the Zoning Ordinance is DEIVIED. Rulings on individual required determinations (oplional; a req~~est for lhese rulings must be timely made): (1) Required Detern~ination: "proposed special exception will not cause any significant increase in on- street parking." () This determination could be made. () This determination is impossible. () Failure of proo£ () Increase in on-street parking would be probable. ( ) Other: (2) Required Determination: "proposed special exception will not casue any substantial traffic congestion." () This determination could be made. () This determination is impossible. () Failure of proof. () Substantial traffic congestion would be probable. Other: • (3) Required Detern~ina~ion: "proposed special exception will not cause any substantial increase in traffic." () This determination could be made. () This determination is impossible. () Failure of proof. () Substantial increase would probably occur. ( ) Other: (4) Required Determinalion: "proposed special exception will not cause an unreasonable burden upon utiliry systems or upon any other public facility or public service." () This determination could be made. () This determination is impossible. () Failure of proo£ () An unreasonable burden on would probably occur. ( ) Other: (5) Required Determination: "proposed special exception will be in harmony with the general purpose and intent of this ordinance." () This determination is impossible. () Failure of proof. () Special exception would not harmonize with ( ) Other: (6) OtherRequired Deterniinations (If any): Effective Date & Appea/s: This decision takes effect on the date it is filed in the Board's office (c% 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 apter 211, Tex. Local Government Code. Under Chapter 211, petitions for judicial review must be presented wi j~ 10 ~ays after the date this decision is filed in the Board's office. ~ C irman, F Filed in the Boa~ A ttest: he Zoning ~oard of Adjustment office on _. , 19 , and copies mailed (see mailing list attached) on _, 19 , By: From: JAMES DOUGHERTY To: Sterling A. Minor Date: 6129/95 Time: 04:08:41 Page 2 of 2 Form ZBA-206(OSc:\wpw'v~60/wpdocs/zba20f.54orig'1; b23:54zba206 ` Docket No. 9 5- 0 6 . Zoning Board of Adjustment, City of West L5liversity Place, Texas ("City") DECISION TO DISMISS Addressofsite:659o Buffalo Speedway Legal description ofthe site: Lot l, Block 31, West University Place ( First Addition ) Building Permit ATO: N/A Perniittee/Applicunt: Pa t R. Bu 11 a rd OrdinanceReference: Rrticle 5, Table 5-1 Building ~~cial.'s Decision/Action (if any): ( No ne rmi s s i on g ra nt ed ). Notice, Hearing, I~ote: ( X) Notice (if any) given b,y: mail and nosting on the site . ( X} Hzaring (if any) hzld oci: June 15, 1995 ( limited hearinq ) (X ) The vote: BILLINGS, BOH$ETTO, MORLEY IN FAVOR, MINOR AND SNELL AGAINST Decision of the Zonirag Board ofAdjr~.stnrent (si~bject to all applicable appeals): Ir, D~=cket No. 99-01, the ~~;alicant asked for a ~Tariance to subdivide the same ~-~~-a~erty. afr_er a full l~~earing held January 20, 1994, the requested r2liei s.aas den ~ ed ht~• t!-:e Board. That decision has become final (that is, no rehearing ot appeal to the District Court is pending). On June 2, 1995, the applicant filed another applica~ion seeking ~a subdivide the same nraperty. Section 4 of Article VI of the Rules of Procedure provides: "After the decision of the Board is final ;that is, n~ rehearing or appeal • to the District Court is pending), the Board of Adjustment need not conciuct a hearing unless there shall have bzen a substantial change in circumstances affecting such property since the prior decision on substan~ially the same issue. The Board rr~ay first hear evidence on the issue ot substanLial change in the circ~~mstances, and then make the determination whether it will hold a hearing on the application or dismiss the application." Pursuant to this secLion, the Board first heard evidence on the issue of substantial change. The ap~licant was represente~ by his attorney who addressed the Board. Other interested persons alsa addressed the S~ard. After this limited hearing, a motion was made and seconded to disallow a substantive hearing, (for lack of substantial change). After discussion, the questi~n was called. The vote was taken, and the motion carried by a vote of three to two. Under the Board's Rules, tne application is dismissed. Effective Date & ~4ppeals: Tl~is 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 otlierwise uidicated above. Any appeals of this decision are subject to and goven~ed by applicable ordinances and laws, including: tlie Zoning Ord'uiance an Chapter 211, Tes. Local Goti~enunent Code. Under Chapter 211, petitions for judicial review inust be presented ays a er he dat~ this decision is filed in the Board's o ice. e By; Attest: C airman, Fo ie Zoning oa d of Adjustment ~ Filed in the Boar o~ce on _~~~, 19 ~~, and copies n:ailed (see n~ailing list attachedJ on , 19 , By: FoTm BDF-201(rev,6-94)b 14:\bdClO 1.54 ~ Office of the Building 4fficial City of West Y1ni~-ersiry Place, Texas {"City") DECYSION OF THE BUILDING OFFICIAI, Address of site: 3924 BELLAIRE BLVD. Legql descriptio~t oj tjie sire: Bullding Peti~iit No: NONE Peirriittee/A pplicau/1: EXXON COMPANY USA Decisio» orAction Reguested orPropased.~ REQUESTED PARKING VARIANCE FOR PARKING AT THE GAS PUMPS BE ALLOWED TO BE COUNTED TOWARD REQUIRED PARKING FOR SITE. O~incnrce Reference: ARTICLE 10. PARKING AREAS, DRIVEWAYS AND LOADING AREAS Decision ef I{te Buildi-tg OfJicial (subjec! to al! applicable appeals): MUST PROVIDE A MINIMUM OF 10 PARKING SPACES PER 1000 SQUARE FEET OF GROSS FLOOR AREA. GROSS FLOOR AREA IS 1400 SQUARE FEET; THEREFORE, 14 PARKING SPACES WOULD BE REQUIRED. EXXON COMPANY USA CAN ONLY PROVIDE FOUR PARKING SPACES ON SITE PLAN AS PROPOSED. ~ Reasonf-rg/Cp»i»~ent; ARTICLE 10 REQUIRES 10 SPACES,PER 1000 SQUARE FEET OF GROSS FLOOR AREA AND EXXON COMPANY USA CAN ONLY PROVIDE 4 DEFINED SPACES AS REQUIRED BY THE ZONING ORDINANCE. IT WILL BE NECESSARY FOR A VARIANCE TO BE GRANTED IN ORDER FOR THE SITE TO BE REMODELED AND RECONSTRUCTED WITH A NEW STATION CONTAINING 1400 SQUARE FEET. Effective Date & Appeals: This decision takes effect on the date it is delivered to the permittee or applicant, unless otherwise indicated above. Any ~ppeals of this decision (including the time deadline for filing of appeals) are subject to and governed by applicable rules, ordinances and laws, including (check those applicable): ()Chapter 211, Tex. Local Gor~'t Code, (xx~ Zoning Ordinance, ()Chapter 6, Code of Ordinances, {) Zoning $oard of Adjustment ruIes, () Other: Dale si~ned: ~O ~~i ~ ~Da1e delive~d ~o permi~tee orapplica~t: Delivened by: By: ' Building 0~cial of the City '' """'~ """ JUN-20-' 94 13: 23 I D: ~ TEL N0: 7138801~ Fotrn ZBA-202(04c:1wpS 1lformslzba20Z.54orig~ ~ Zoning Board of Adjustment City of West CTniversity place, Texas (^City") DECISION 'PO DEN`Y A VARXANCE AddneSS of site: 3908 Bellaire Blvd. ,- Legal description oJ1he sile: Tracts 16 & 26, Block 7, Cunningham Terrace Tracts 26a & 26c, Cambridge Place . tt 05 P02 BuildingPennitNo: N/A Pernritlee/.4ppliccait: Foodmaker, Inc. DECision orAclion Requested orProposed: NOliCe, flepring, Fi~tdl~gs, Yote: ~IL (property owners) , PUBLISHING (Houston Chronicle) ~ X~ ~equired notice given by: POSTING (Munici al Building) (~ Hearing heid on: September 15, 1994 ~ (~} Th~ vote: Minor,Porretto, Peterson for, Billings, Masera agAltlSt. Decision of !he Zaning Boarrl oJAdjustment (subjec~ to al! c~plicabJe qppeals): Under and subject to the City's Zoning Ordinance and applicable law, ths varisnco from Section 3-31 of the Zaning drdinance is DEI~D. Rr<<r'rrgs oi~ individual required findings (optional; cr ~quesl for these individuaJ rulings »~us1 be timety made): • (1) Reguir~ed Fijrding: "variance is not contrary to public interest." () This ~nding could ba made. () This finding is impossible. () Unpersuasive proof. () Variance would be contrary to the ' public interest. ( ) Other: (2) Reqaired Findi~g: "due to special conditions a literal enforcement of the ordinance would result in unnecessary hardship." () Positive ~nding couid be made. () Positive finding is impossible. () Unpersuasive proof. () No "special condition" proved. () No hardship proved. ( ) pthor: (3) Rege~ired Finding: "spirit of the ordinance is observed." () Positivo finding coutd be made. () positiive finding is impossible. () Unpcrsuasive proof. (} Variance would not observe the spirit of the ordinance. () Other: (4) Requir~d F~nding: "subs~tantial justice is done." () Positive finding could be made. () Positive linding is impossible. (} Unpersuasive proof. () Substantial justice would not be done if the variance were granted. () Variance would have adverse impact on others. ( ) Other: (5) 4[herRequ~r~d F~nding (1'f Any): Efjective Dcrte & Appeals: 7'his decision takes effect on the date it is filed in the Board's office (c/o Secretary of the Zoning $oard of Adjustment, 3800 tJniversiry Boulevard, Houston~ Texas 77005), unless otherwise indicated above. Any appeals of this decision are subject to and governed by applicable ordinances and taws, including: the ning Ordinance and Chapter 211,~Tex. Lcaca( Govemment Code. Under Chapter 211~ petitions for judicia] re ~ must be presented within IO days after the date this decision is ~led in the Board's o~ice. 1 ~ •`~Y~ _ __ y4.ltest: Chai an, For the oni B d f A justment Filed in f,E Boa~rl`s office on , 19~, cnrd copies mailed (see mcztling list at~achedJ on , ~9__, ay: ~ Form ZBA-202(04c:\wp51\forms~zba202.54origrev) • -. Zoning Board of Adjustment ~ City of West University Place, Texas ("City") (94-11) DECISION TO DENY A VARiANCE Addt~ess o.jsite: 4034 Byron Legal description of the site: Lot 19, Block 32, Collegeview 4th Building Permit No: N/A Perntiltee/Appliccmt: Caroline & Lawrence P. Heard Decision orAction Requested orProposed.• A request to allow a room addition to encroach 5' into the 20' rear setback. Notice, Hearing, Findings, Yote: MAIL (Property Owners) , PUBLISHING (Houston Chronicle (X ) Required notice given by: POSTING (Municipal BuildinQ) (X ) Hearing held on: August 18. 1994 (~ ) The vote: None• for, None against granting; or Billings.,Porre.tto,Minor,Peterson.Morlev For, None against denial. Decision of the Zoning Board of A djustnrent (siibject to all applicable appeals): Under and subj ect to the City's Zoning Ordinance and applicable law, the variance from Section 7-100 Residential nistrict. of the Zoning Ordinance is DEIVIED. Proj ection Schedule 19 (c) Rulings on individual -~equired findings (optional; a r~eq:iest for these individ:~al rulings must be timely made): (1) Requi~d Finding: "variance is not contrary to public interest." ( X) This finding could be made. () This finding is impossible. () Failure of proof. () Variance would be contrary to the • public interest. ( ) Other: (2) Required Finding: "due to special conditions a literal enforcement of the ordinance would result in unnecessary hardship." () Positive finding could be made. () Positive finding is impossible. () Failure of proof. () No "special condition" proved. (X ) No hardship proved. ( ) Other: (3) Required Finding: "spirit of the ordinance is observed." () Positive finding could be made. () Positive finding is impossibte. () Failure of proof. (~ Variance would not observe the spirit of the ordinance. () Other: ~ (4) Requirred Finding: "substantial justice is done." () Positive finding could be made. () Positive finding is impossible. (~ ) Failure of proof. (. ) Substantial justice would not be done if the variance were granted. () Variance would have adverse impact on others. ( ) Other: (5) O[herRequir~d Finding (IJAny): N/A EfJective Date & Appeals: This decision takes effect on the date it is filed in the Board's office (c% 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 oning Ordinance and Chapter 211, Tex. Local Government Code. Under Chapter 211, petitions for judicial t be presented within 10 days after the date this decision is filed in the Board's office. ~ ~ By: A ttest: Ch rman, Fo th Zoni Board of Adjustment rled in the Boand's office on ,!9 , and copies mailed (see mailing li t hed) on , 19 , By: Form ZBA-201(04c:\wp51\forms~zba201.54orig) ~ Zoning Board of Adjustment City of West University Place, Texas ("City") DECISION TO GRANT A VARIANCE (94-10) Address of site: 6442 Buffalo Speedway Legal description oJthe site: Lot 1, Block 30, West University Place lst Addition Building Permit No: N/A Pern~ittee/Applicanl: Laverne Styles Decision orAction Requested orProposed.• A request for a variance to allow a driveway to be wider than the maximum width of 20' required by the Zoning Ordinance. Notice, Hearing, Findings, Yote: MAIL (property owners), PUBLISHING (Houston Chronicle) ( X) Required notice given by: POSTING (Muncipal Building) ( x) Hearing held on: Julv 21, 1994 ( x) Required statutory findings made (variance is not contrary to public interest;due to special conditions a literal enforcement of the ordinance would result in unnecessary hardship;spirit of the ordinance is observed; substantial justice is done.) ( ) Additional findings (if any): N/A • (g) The vote: Peterson, Huber, Hansen, Morley. Billings for, none against. Decision of the Zoning Boa~zl of Adjustn:enl(subjec! to all applicable appeals): Under and subject to the City's Zoning Ordinance and applicable law, a variance from Section 7-100 Single Family One (f) (3) (c) of the Zoning Ordinance is granted to the permittee/applicant named above for the site identified above, subject to the following conditions (if any): The variance is granted to allow a driveway to be wider than the maximum width of 20', as shown on plans presented by the owner in the width as requested by the owner. This variance is for an inde~nite period unless a temporary period is indicated above. This variance remains subject to the regulatory jurisdiction of the City, and it does not grant any property right or vested right of any kind. Effective Date & Appeals: This decision takes effect on the date it is filed in the Boazd's office (c% 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 ning Ordinance and Chapter 211, Tex. Locat Government Code. Under Chapter 211, petitions for judicial r e must be resented within 10 days after the date this Etision is filed in the Board's office. By; ~ Atlest: ai an, For oning ard of Adjustment ' •Filed in the Boan~'s o rce on t~ , 19 ~ ~/, and copies mailed (see mailing lisc attached) orr .f.~ -1-~- , 19 , By • BUILDING & STANDARDS CONIlyIISSION CITY OF WEST UNIVERSITY PLACE Reference: 6435 Brompton Lot 2, Block 19, WUP lst Appeal No: 94-02 ' Date of Application: 5/27/94 Receipt No: Hearing Held on Thursday, June 2, 1994 DECISION/INTERPRETATION: Variance request to building the third floor attic space is denied. Roy Harper made a motion to deny the variance. This motion was seconded by Jim McDaniel. Voting Aye: Roy Harper, Les Albin, James McDaniel, Craig Hughes, Drew McManigle. Date: ~i1 ~ cc: Building Inspector City of West University Place Building & Standards Commission , ~ , ~ 1 S EGRET~iRY ZONING BOARD OF ADJUSTMENT CITY OF WEST UNIVERSITY PLACE, TEXAS DECISION Reference:6546 Buffalo Speedway Appeal: 94-~1 ~ Dated: 12/15/93 Hearing Held On January 20, 1994 1. INTERPRETATION: "Decision of the Zoning Board of Adjustment" The requests for variance and special exception are denied. No proper hardsnip, among ot'r-er reasons discussed. BY THE BOARD Unless otherwise stated, an authorization by the Board of Adjustment for a special exception, variance or conditional use shall expire if the applicant fails to obtain a permit within 90 days from the date of authorization of such special exception, variance or conditional use. Cit of Wes Univ sity Place Z ing Bo~` d o , j ment ;• ~j S r r ~~ Y Date: i~~iJql~ cc: Building Inspector BUILDING & STANDARDS CON~[ISSION CITY OF WEST UNIVERSITY PLACE • Reference: 6611 Brompton Lot N1/2 of W1/2 Lot S Block 8, West University 2nd Appeal No: 93-04 ' Date of Application: 7/28~93 Receipt No: 14047 . . Hearing Held on Thursday, August 5, 1993 DECISION/INTERPRETATION: Dale Reid made motion to grant variance to allow return air grille to remain in the ceiling on the second floor. This motion was seconded by Craig DuCote. All voting aye. Date: 8/6/93 cc: Building Inspector City of West University Place Building 6 Standards Commis ion /) ~ SECRETARY ~ '~ Form No. 3 ~ ZONING BOARD OF AD.NSTMENT CITY OF WEST UNIVERSITY PLACE, TEXAS DECISION Reference: Appeal No.: Dated: Hearing Held On April 16, 1992 1. INTERPRETATION: 6610 Brompton Lot 5, Block 7 WUP lst Addition 92-04 3/26/92 "Decision of the Zoning Board of Adjustment" . Frank Billings made motion, seconded by Vic Hansen to deny variance to allow tennis court lights remain. Voting Aye: Sterling Minor, John Pickul, Robert McBride, Vic Hansen, and Frank Billings. Voting No: None Unless otherwise stated, any authorization by the Board of Ad~ustment for a special exception, variance or conditional use shall expire if the applicant fails to obtain a permit within 90 days from the date of authorization of such special exception, variance or conditional use. City of West University Place Zoning Board of Adjustment ~~`~~ Secretary ~ (Date) 4/17/92 cc: Building Inspector BUILDING & STANDARDS COMMISSION CITY OF WEST UNIVERSITY PLACE Reference: 6701 Brompton Appeal No : 92-06 Date of Application: 3/24/92 Receipt No : N/A Hearing Held on Apri1 2, 1992 DECISION/INTERPRETATION: Dale Reid made motion to construct the fence on the basis that the lot is not a rotated corner lot. This motion seconded by Craig DuCote. Voting Aye: Dale Reid, Drew McManigle, Nick Ashliman, Jeann Howse, Craig DuCote Voting No: Carolyn Hodgins DATE : April 3, 1992 cc: Building Inspector File CITY OF WEST UNIVER5ITY PLACE BUILDING & STANDARDS COMMISSION ~ ~ ~~ G ~ CRETARY 1 J \ J ~ CJ U ~ Reeyeled Paper City of ~est Uni~ersit P1ace Y A Neighborhood City ZO1vING BOARD OF ADJUSTMENT City of West University Place, Texas ("City") DECISION TO DENY A VARIANCE ~ • Address of Site: 6001 Charlotte Street, West University Place, Texas 77005 Docket: OS-05 Legal Description of Site: Lot five (5), Block Six (6), of Preston Place, an addition in $arris County, Texas, according to the map or plat thereof recorded in volume 572, Page 318, of the Deed Records of Harris County, Texas. Permittee/Applicant: John Rodgers Decision or Action Requested or Proposed: Request for variance from Article 7, Table 7- Table 7-4a: Garage Space, Garage doors or openings to allow structural beam over driveway four feet from garage door, with vertical support with the required 10 feet clear area. Notice, Hearing, Findings, Yote: (X) Required Notice given by: Mail and on-site posting in uccordance with Article 11 by Sallye A. Clark, Planning Assistant City of West University Place (X) Hearing held on: Apri121, 2005 . (X) Required statutory findings made: No hardship found (J~ Additional Findings: None The vote: 5 for; 0 against (on a motion to deny variance) Decision of the Zoning Board of Adjustment (subject to all applicable appeals): Under and subject to the City's Zoning Ordinance and applicable law, a variance under Article 11 is denied. Effective Date & Appeals: This decision takes effect on the date it is filed in the Board's office (c% Secretary of the Zoning Board of Adjustment, 3800 University Boulevard, West University Place, Texas 77005), unless otherwise indicated above. Any appeals of tlus decision are subject to and governed by applicable ordinances and laws, including: the Zoning Ordinance and Chapter 211, Texas 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. ZONIlVG BOARD OF ADNSTMENT, CITY OF WEST UNNERSTTY PLACE, TEXAS BY~ ' Attest: Presiding Of1 oning Board of Adjustment Staff Represe tive, City of West University Place This instrument was filed in the Board's o~ce on 5 , and, if a mailing list is attacl~d, copies were my~iled to the persons on the list on /A. By: 1 ~.v vr v (,c!t t~l Name: N~c t~3 (3~' .~,J, ~~ Title. ~'L{ ~~1t.~7~1.,~ 3800 University Boulevard • West Universi~y Place, Texas 77005-2899 • 713•668•4441 s www.westu.org C~ City of ~est U~.i~ersit P1ace y A Neighborhood City ~ RecycledPaper ZONING BOARD OF ADJUSTML+ NT City of West University Place, Texas ("City") DECISION DENYING AN APPEAL Address ofSite: 6001 Charlotte Street, West University Place, Texas 77005 Docket: OS-OS Legal Description of Site: Lot five (5), Block Sig (~, of Preston Place, an addition in Harris County, Tezas, according to the map or plat thereof recorded in volume 572, Page 318, of the Deed Records of Harris County, Texas. Permittee/Applicant: John Rodgers Decision orAction Reguested or Proposed: Reverse the Chief Building Official's rejection of plans because of a structure above the driveway at the garage entrance. Notice, Hearing, vote.• (X) Required Notice given by: Mail and on-site posting in accordance with Article 11 by Sallye A. Clark, Planning Assistant City of West University Place (X) Hearing held on: April 21, 2005 (X) • Additional Findings: None The vote: 5 for; 0 against (on a motion to deny appeal) u • Decision of the Zoning Board ofAdjustment (subject to all applicable appeals): Under and subject to the City's Zoning Ordinance and applicable law, the requested appeal is DENIED. It was obvious that the structure would violate Table 7-0a of the Zoning Ordinance, which states that "any structure above the driveway must be cantilevered or suspended from the building (no special posts or vertical supports being allowed)." The Chief Building Offcial's decision was clearly correct. TffiS DECISION IS SUBJECT TO ALL APPLICABLE APPEALS. Effective Date & Appeals. Subject to any applicable appeals, this decision takes effect on the date it is filed in the Board's office (c/o Secretary of the Zoning Boazd of Adjustment, 3826 Amherst, West University Place, Texas 77005), unless otherwise indicated above. Any re-hearing of this decision is governed by the rules of the Zoning Board of Adjustment. Any appeals of this decision aze subject to and governed by appiicable 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 Boazd's office. ~ ZONING BOARD OF ADNSTMENT, CITY OF WEST UNNERSITY PLACE, TEXAS BY~ Attest: ~ryK~~~ Presiding O er, Zoning Board of Adjustment Staff Represe tive, City of West University Place This instrument was filed in the Board's o~ce on fY ~ , and, if a mailing list is attached, copies ~re mailed ~o th~persons on the lis~n /A. ~ ~~~5~~~ k~T~c~ Titl~• ~~ 3800 University Boulevard • West University Place, Texas 77005-2899 • 713~668•4441 • www.westu.org ~~~~r~' City of ~est Uni~ersity P1ace A Neighborhood City oir1yp5 ~300~55 b~79 sis.oo \~ ~ Reeycletl Paper Y Form ZON-201 dec granting variance, 12-04 ~ Zoning Board of Adjustment City of West University Place, Texas ("City") Docket No: 0 4 -16 DECISION GRANTING A VARIANCE Addressofbuildi~zgsite: 3110 Cason Street, West University Place, Texas 77005 Legal descriptio~: of tl:e buildiizg site: The West Sixty-Five (W . 65' ) of the East One ~ Hundred Thirty-Five feet (E.135') of Lot One (1), in Block five (5) of West University Place, a subdivision in Harris County, Texas, according to the map thereof, recorded in Volume 444, Page 560 of the Deed Records of Harris County, Texas. Applicant: Robert W. Covington ~~ Decision orAction Requested: The request for a variance to allow space in the projecting part of a principal building to be non-garage space in the rear yard. Square feet of bathroom space will be 56 square feet. Notice, Hearing, Determi~:ations, Vote: ( x) Notice of hearing was given by: Ma i 1 and on - s i t e po s t i ng , i n accordance with Article 11 of the Zoning Ordinance, by Sallye A. Clark, Planning Assistant of the City. ( x) Hearing was held on Novembe r 18 , 2 0 0 4. (x) Required findings and determinations have been made by the ZBA as follows: (i ) due to special conditions, a literal enforcement of the Zoning Ordinance provision identified below would result in unnecessary hardship, (ii) by granting this variance, the spirit of the ordinance is observed and substantial justice is done, and (iii) this variance is not contrary to public interest. (x) Additional findings and determinations (if any) have been made, as follows: (N/A) (x) The vote was: 5 for, 0 against this decision. Decision of tl:e Zoning Board of Adjustmei:t grai:tii:g variance (subject to all applicable appeals): Under and subject to the City's Zoning Ordinance and applicable law, a variance from (identify the exact provision) Article 7, Table 7-6, Projections Schedule, Note 3 Buildings VARIANCE, Page 1 3800 University Boulevard • West University Place, Texas 77005-2899 ~ 713•668•4441 • www.westu.org 'in Rear Yard or SF Buf f eryard ( d) of the Zoning Ordinance is granted for the site identified above subject to the following: (N/A) . Otl:er Provisions: THIS DECISION SHOULD BE RECORDED IN THE HARRIS COUNTY REAL PROPERTY RECORDS, AND THE COST MUST BE PAID BY THE APPLICANT. UNLESS OTHERWISE SPECIFIED IN THIS DECISION, ALL PERMITS REQUIRED FOR THE WORK CONTEMPLATED BY THIS DECISION MUST BE APPLIED FOR ON OR BEFORE THE 90TH DAY FOLLOWING THE EFFECTNE DATE OF THIS DECISION, AND SUCH WORK MUST BE COMPLETED IN ACCORDANCE WITH SUCH PERMITS (AND ALL APPLICABLE REGULATIONS) ON OR BEFORE THE SECOND ANNNERSARY OF THE DATE OF THIS DECISION. NO EXTENSION OF ANY PRESCRIBED TIME PERIOD IN THIS DECISION MAY BE GRANTED WITHOUT AUTHORIZATION FROM THIS BOARD. NEITHER ADDITIONAL NOTICE NOR HEARING IS REQUIRED FOR GRANTING A TIME EXTENSION. IF ANY WORK OR CONDITION IS NOT DONE WITHIN A PRESCRIBED TIME PERIOD--AND NO TIME EXTENSION IS GRANTED--THIS DECISION REMAINS IN EFFECT, BUT IT IS SUBJECT TO REVERSAL OR MODIFICATION BY THE BOARD WITHOUT ADDITIONAL NOTICE OR HEARING. 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 RECENE APPROPRIATE PERMISSIONS FROM THE BUILDING & STANDARDS COMMISSION, THE CITY COUNCIL OR OTHER BODIES THAT MAY HAVE AUTHORITY TO ACT ON SUCH REQUIltEMENTS. THIS DECISION APPLIES ONLY TO THE SPECIFIC ITEMS DEFINED ABOVE. IT DOES NOT APPLY TO ANY OTHER ASPECT, USE OR PART OF THE STTE OR STRUCTURE IN QUESTION, NOR DOES IT APPLY TO ANY OTHER ACTNITY, SITE OR STRUCTURE. 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. 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 NRISDICTION OF THE CITY. IT MAY BE AMENDED OR REVOKED. THIS DECISION GRANTS NO PROPERTY RIGHT OR VESTED RIGHT OF ANY KIND. VAR/ANCE, Page 2 ; Effective Date & Appeals: Subject to any applicable appeals, this decision takes effect on the date it is filec~ in the Board's office (c/o Secretary of the Zoning Board of Adjustment, 3826 Amherst, West University Place, Texas 77005), unless otherwise indicated above. Any re-hearing of this decision is governed by the rules of the Zoning Board of Adjustment. Any appeals of this decision aze 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. ZONING BOARD OF ADJUSTMENT, CIT F WE T iJNIVERSITY PLACE, TEXAS p~~~ 6 ay: Presiding i e Zoning Board of Adjustment STATE OF TEXAS COUNTY OF HARRIS is instrument was acknowledged before me on ~_ ~`• ~~-~~ (date) by ~~~j'~ Q~ i1 Q, ~~C~ (name) as Presiding Officer of the Zoning Board of Adjustment of the City of West University Place, Texas. ~r"' ~~~s~, JOSIE MARIE OROSCO ~; l+: h1Y COMMISSION EXPIRES ie~~~~~; ,J~NE 22, 2005 (SEAL) ~ ,~,~ a~~ My commission expire • This instrument was filed in the Board's office on _ attached, copies were mailed to the persons on the J After recording return to: / Sallye A. Clark / Secretary, Zoning Board of Adjustme t City of West University Place 3826 Amherst Street Houston, Texas 77005 (Phone #: 713-662-5843) Q ~ f C'~ ~ ~ .~~ ~r,Lt.l ` ~1 Y ~'~ W~ \: ,Y ! ) ~r `N , v - ` "• 1~s~ ~ r c.. J ~ V" "A , u, •.. "•S V '~ k'`-- C ~:y 4C S ;.n .~-, 1:~ VARIANCE, Page 3 ~~5~ ~ ~~ ~~.~ ~11~5~ Notary Public and, if a mailing list is p~ROPERTY ~ Of ~~ 15 MYKA AIID ~~~ FEDEAN, U~IY THE 5TA E OF TEXAS COUNTY OF HARRIS, . i herepy ceAiy tlNl Ih~s msW~ ~ ~ was dut~ RE~DED, M he d~1e and al the Mne stamped Olficiol PubFc Rewrds of Real Properry o1 Harrn ComNry 1eKr~ an JAN 12 2005 ~~'S`~` ,~~~~~~~ =o~ ~~~~ ~r~~s r~ ~~ • • ~ t . ~.~ ~ Cit ~ of ~est U~i~ersit P1ace ~~~r ~ Y y 191~7$ 418.00 J ; A Neighborhood City •-. o1/i2IO5 300550679 ~ p~~ ~~ 1$ Form ZON-201 dec granting variance, 12-04 ~ Zoning Board of Adjustment City of West University Place, Texas ("City") Docket No: 04 -14 DECISION GRANTING A VARIANCE Address of buildi~:g site: 3831 Case Street , West University Place, Texas 77005 Legal descriptiofe of tl:e building site: Lot Sixteen (16 ) and Seventeen (17 ) in D block Eleven (11), of Collegeview addition, an addition in Harris County, Texas according to the map or plat thereof, recorded in Volume 6,Page 44 of the map records of Harris County, Texas. Applicaizt: Steven and Barbara Perlick ~_. ~~.,'•=' Decision orAction Requested: The request for a variance to allow the principal building to be a maximum of 36 feet in height instead of the required 35 feet. Notice, I~eariHg, Determinations, Yote: (x) Notice of hearing was given by: Mail and on-site posting, in accordance with Article 11 of the Zoning Ordinance, by Sallye A. Clark, Planning Assistant of the City. (x) Hearing was held on September 16, 2004 . ~ (x) Required findings and determinations have been made by the ZBA as follows: (i ) due to special conditions, a literal enforcement of the Zoning Ordinance provision identified below would result in unnecessary hardship, (ii) by granting this variance, the spirit of the ordinance is observed and substantial justice is done, and (iii) this variance is not contrary to public interest. (x) Additional findings and determinations (if any) have been made, as follows: (N/A) (x) The vote was: 4 for, 1 against this decision. Decisio~: of tl:e Zo~:ing Board of Adjusti~ient granting variai:ce (subject to all applicable appeals): Under and subject to the City's Zoning Ordinance and applicable law, a variance from (identify the exact provision) Article 7,Table 7-4b: Principal Buildings, Height, maximum of the Zoning Ordinance is granted for the site identified above subject to the following: (N/A) . VAR/ANCE, Page 1 3800 University Boulevard • West University Place, Texas 77005-2899 ~ 713•668•4441 • www.westu.org Other Provisions: THIS DECISION SHOULD BE RECORDED 1N THE HARRIS COUNTY REAL PROPERTY RECORDS, AND THE COST MUST BE PAID BY THE APPLICANT. UNLESS OTHERWISE SPECIFIED IN THIS DECISION, ALL PERMITS REQUIRED FOR THE WORK CONTEMPLATED BY THIS DECISION MUST BE APPLIED FOR ON OR BEFORE THE 90TH DAY FOLLOWING THE EFFECTNE DATE OF THIS DECISION, AND SUCH WORK MUST BE COMPLETED IN ACCORDANCE WITH SUCH PERMITS (AND ALL APPLICABLE REGULATIONS) ON OR BEFORE THE SECOND A1~TNIVERSARY OF THE DATE OF THIS DECISION. NO EXTENSION OF ANY PRESCRIBED TIME PERIOD 1N THIS DECISION MAY BE GRANTED WITHOUT AUTHORIZATION FROM THIS BOARD. NEITHER ADDITIONAL NOTICE NOR HEARING IS REQUIRED FOR GRANTING A TIME EXTENSION. IF ANY WORK OR CONDITION IS NOT DONE WITHIN A PRESCRIBED TIME PERIOD--AND NO TIME EXTENSION IS GRANTED--THIS DECISION REMAINS IN EFFECT, BUT IT IS SUBJECT TO REVERSAL OR MODIFICATION BY THE BOARD WITHOUT ADDITIONAL NOTICE OR HEARING. 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 (INC.LUDING, FOR EXAMPLE, CITY PROPERTY AND EASEMENTS). THE APPLICANT MUST SEPARATELY APPLY FOR AND RECENE APPROPRIATE PERMISSIONS FROM THE BUILDING & STANDARDS CONIMISSION, THE CITY COUNCIL OR OTHER BODIES THAT MAY HAVE AUTHORITY TO ACT ON SUCH REQUIREMENTS. 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. NOTHING IN THIS DECISION IlVIPLIES THAT ANY SUCH FIlVDINGS WOULD OR WOULD NOT BE MADE BY THE BOARD. 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 & Appeals: Subject to any applicable appeals, this decision takes effect on the date it is filed in the Board's office (c/o Secretary of the Zoning Board of Adjustment, 3826 Amherst, West University Place, Texas 77005), unless otherwise indicated above. Any re-hearing of this decision is VAR/ANCE, Page 2 ! governed by the rules of the Zoning Board of Adjushnent. 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. ZONING BOARD OF ADJUSTMENT, CITY OF WEST UNNERSITY PLACE, TEXAS I~~ ~ ` By: Presiding Officer, ing Board of Adjustment STATE OF TEXAS COUNTY OF HARRIS ~ \ ~.5- his instrument was acknowledged before me on -~- ~ (date) by _ • Q~'~(`(~~ ~~~_~ (name) as Presiding Officer of the Zoning Board of Adjustment of the City of West Universiry Place, Texas. ?~~kp,~ JOSIE MARIE OROSCO ~' " MY COMMISSION EXPIRES ' ` ~"~a~/~ JUNE 22, 2005 (SEAL) My commission expires: ~ • ~• ~~ ~ ~~5~ ~. '~~ V~Q `~ ~''aS~ Notary Public This instrument was filed in the Board's office on _ attached, copies were mailed to the persons on the ~er recording return to: l Sallye A. Clark ~ Secretary, Zoning Board of Adjustment City of West University Place 3826 Amherst Street Houston, Texas 77005 (Phone #: 713-662-5843) and, if a mailing list is on l~ame: '~II .~ ~~ ~:~Q.I~ Title:. P~~~ n ~~5 ~ 9 Nrt niaeaoN x~~ ~~mrcn n~ wE. ~r~, M u~ s n~ auaieE~ a~u v~mtaua~ e~ aaa a~ ~~v~uo Ne u~-raa~ uMOe~ ~uu uw. TME STATE OF TEXAg C0~1MY OF W-RR~B ~ n.Mr er~ 1t w I~wl.. aFO ~ F~ ww. l~.i., ~n ti w.r r b f m~ ~ ta~i a~':•~•r ~~oo~o. ~ w w:r -~e wnr ~r ar r„p,y r xr~r a ~-- ~ `'' ~.; ~. `a. ~ ti~ •'~ ,,~,,,~ 0 ~, , .~: ~ ~ ~: ~ G: J ~v _v r- .... :^ ~ ~ +r• ''t~a ~4~ ~ `~ ~ VARIANCE, Page 3 ~ ~~ r JAN ;121005 •~~~~~C~"~ COUNTY CLEIIK FIARRIS COUIJTy, TEXAg ~ • ~J .r ,~~;~.~ - fl ~ + ~- ~~~ ~ Reeycled Paper City of ~est U~iversity P1ace A Neighborhood City ZONING BOARD OF ADJUSTMENT y~~ 9~ g~ City of West University Place, Texas ("City") 11~0~~04 300512871 DECISION TO GRANT A VARIANCE Address of Site.' S904 Community Drive, Houston, Texas 77005 Docket Number: 04-09 Legal Description of Site: Lot Forty (40), in block Thirty-seven (37), of Colonial Terrace, an addition to the City of Houston, in Harris County, Texas, according to the map or plat thereof, recorded in volume 655, Page 294, of the deed records of Harris County, Texas; save and except the northwest tive (5) feet thereof, conveyed to Harris County by deed dated March 31,1936, recorded in Volume 1013, Page 349 of the deed records of Harris County, Texas. Permittee/Applicant.• James T. and Diane Konen Decision or Action Requested or Proposecf.• The request for a variance to allow an interior side yard setback of nine (9) feet and a street yard setback of nine (9) feet. Notice, Hearing, Findings, Vote: ~ ~16.OQ !~ ~7~~-' ( X) Required Notice given by: Mail and on-site posting in accordance with Article 11 by Sallye A. Clark, Planning Assistant, City of West University Place. ( X) Hearing held on: August 19, 2004 ( X) Required statutory findings made: Variance is not contrary to public interest; literal enforcement of the ordinance would result in unnecessary hardship; spirit of the ordinance is observed; substantial justice is done. ( X ) Additional Findings: None ( X) The vote: Mark Plagens, Dick Yehle, Jeann Howse, James Jordan and Richard Wilson voted to grant the variance, and no one opposed. Decision of the Zoning Board ofAdjustrnent (subject to all applicable appeals): Under and subject to the City's Zoning Ordinance and applicable law, a variance from Article 7, regarding Table 7.2 yards (or setbacks), of the Zoning Ordinance is granted to the applicant named above subject to the following conditions: 1. This decision must be recorded in the Real Property Records of Harris County, Texas. The decision will go into effect once the decision is recorded and is in the Board's Oftice (c/o Secretary of the Zoning Board of Adjustment, 3826 Amherst, Houston, Texas 77005), City of ~Vest University Place. 2. All permits necessary for the prosecution of work shall be applied for within 90 days, or such other period determined by the Board and construction shall be commenced and completed within two years from the date of granting by the Board, unless otherwise prescribed in the decision itself, or unless an extension of time is granted by the Board. No extensions may be granted by the Building Official unless authorized to do so by the Board. Neither additional notice nor hearing is required for granting a time extension. If any such condition is not fulfilled within the prescribed time, the decision remains in effect but is subject to reversal or modification by the Board without additional notice or hearing. This variance is for an indetinite period, unless a temporary period is indicated above. This variance remains subject to the regulatory jurisdiction of the City and it does not grant any property right or vested right of any kind. Efj'ective Date & Appeals: The decision takes effect as 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. 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. 3800 University Boulevard • West University Place, Texas 77005-2899 • 713•668•4441 • www.westu.org ~ r ~ • . Page 2 ZBA Decision, Docket 04-09(Variance) By: Q-~~ Pres ' g Offi oning Board of Adjustment State of T as ~ County o l~ ~.q; e$~~ JOSIE MARIE OROSCO ~f':Y ~,+! MY COMMISSION EXPIRES Is ~~ ~ '.+~^~~ JUNE 22. 2005 ~ , F,ar~.~' This instrument was acknowledged before me on `~•~. V~~ (date) by Mark Plagens, Presiding OfGcer for the Zoning Board of Adjustment. J ~~. ~'~ti1 Q O~bs~.~ Notary Public's Signature (Personalized Seal) After recording return to: r'~ Sallye A. Clark City of West University Place 3826 Amherst Street Houston, Texas 77005 Phone #: 713-662-5843 ~THE STAfE OF T6Xa5 ~s ~ WYl~ID lUD ~UIfOACEABIE UI~ER iEDERAI UW COUNTY UF HARRIS , I hueDp ~tlial Ws a~bumdd was FILED in file number on Ihe date and al tlie alamped herean b~ me; and was duly DED. In t~ Oflidal Public Records o( Real Propedy of Hams Counry Texas on NOV ~ - 4 2004 ~~'°~~ ~~~~~~,~.~ ~/~ ~ /~/y~ ~~/ry~py ~0,~~ lMJnl l \AL~RI~ W4RRISCOUMY.TEXAS `~ ~ -~s' ' . ,~ • . - ~ ~ . ^ •, ~; p , , ~ ~ .~ ~ ~, r.,~.:•, ~~ ~ ~w ~ -~ -, - -~ :i .~ ; ~ ~ ; ~ ~ ' ~ • ~ - tir ~ . ~ ~~ ~ ~ .. . . •~ _~ i . ~ • '~'~~~ '~~'- E' 1 N .~ y~ ~ ~q V ~ ,1' ~ ~ • • • ,~ 08/20/04 300 670 426.00 ~ ..~ XS~s'~~^Z ~~'' Cit of ~est Uni~ersit P1ace ~ . C~. y y ~ A Neighborhood City Zoning Board of Adjustment , ~ RecyeledPaper City of West University Place, Texas ("City") ~\Q DECISION TO GRANT A SPECIAL EXCEPTION ~ '' Address of site.• 2737 Cason Street, Houston, Texas 77005 Docket #: 04-06 Legul description of the site: Lot Eleven (11), in block Three (3), of Belle Court, an addition in Harris County, Texas, J according to the map or plat thereof recorded in volume 452, page 498 of the map records of Harris County, Texas. Permittee/Applicant: John Elwood ~ Decision or Action Requeste~• Request for a special exception to grant prior non-conforming status to an existing structure to project into the required side yard (2.7 feet from side property line). Notice, Hearing, Findings, Yote.• (~ Required norice given by: Mail and on-site posting in accordance with Article 11 by Sallye A. Clark, Planning Assistant City of West University Place. (X) Required determinations have been made by the ZBA with res~ect to the special exceprion as granted below: (proposed Special Exception will not cause any significant increase in on-street parking; proposed special exception will not cause any substantial traffic congestion; proposed Special Exception will not cause any substantial increase in traffic; proposed Special Exception will not cause an unreasonable burden upon utility systems or upon any other public facility or public service.) (X) Additional findinQS (if any): Granting a Special Exception for the proposed structure will not unreasonably interfere with available light and air and will not signiticantly alter access for fire fighting and similar needs. (I~ Hearin~ held on: July 15, 2004 (X) The vote: Mark Plagens, Jean Howse, James Jordan, Dick Yehle and Richard Wilson voted for; no one opposed. Decision of the ZoningBoard ofAdjustment (subject to all applicable appeals): Under and subject to the City's Zoning Ordinance and applicable law, a special exception as requested in Article 12, Section 12-102 Acquiring PNC Status, Note (e) Certain Yard Encroachments of the Zoning Ordinance, is granted for the site identified above subject to the following conditions: 1. This decision must be recorded in the ReAI Property Records of Harris County, Texas. The decision will go into effect once the decision is recorded and is in the Board's Oftice (c/o Secretary of the Zoning Board of Adjustment, 3826 Amherst, Houston, Texas 77005), City of West University Place. 2. Prior non-conforming status is lost if the structure is demolished or alterations cause the removal of the encroachment. This special exception is for an indefinite period unless a temporary period is indicated above. This special exception remains subject to the regulatory jurisdiction of the City, and it does not grant any property right or vested right of any kind. Effective Date & Appeals: This decision takes effect as 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. 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. 3800 University Boulevard • West University Place, Texas 77005-2899 • 713•668•4441 • www.westu.org , Page 2 ZBA Decision, Docket 04-06 (Special Exception) ~ By: ~ ~~ Presi ing Offic ing Board of Adjustment ~ ~ ~ ~ ~ ~ ~ ~ ~ « State of Te ~~ County of ~"iQ,i~r;~ This insh•ument was acknowledged before me on U a~ (date) by Mark Plagens, Presiding Officer for the Zo ' g Board of justment. Notary Publ 's Signature _ (Personalized Seal) SALLYE A. CLARK After recordinE return to: Sallye A. Clark City of West University Place 3826 Amherst Street / Houston, Texas 77005 (~ Phone #: 713-662-5843 PAOPBtif BEWISE OF ~ OA RACE 6 AIID NO INEIfCRCFABIF UNDEA FEDHtAI IAW. THE $TATE OF TEXAS COUNTY OF HARRIS ~Iw~b~ts~iF~O~tle iKhumM ~~n Fl~ n Fi~ Wnher SePrno~ m hdde rd ~le iA~ ,~ r,~, y M;,r,m ar~~coa~o. r ne aa~r a.~e a~ raa~vro~ahawnr CaA~l,te~m AUG 2 0 2004 .~~'~`°~~~~.,~/ ~ COUMY CLERK HARRIS COUNTY, TE%AS - MY COMMISSION EXPIRES MAY 18, 2006 ~ ~ ~ }~ 3 ~ a :; `; . ~~?+' c' ,'' ; "`I F~ .. 1V -a - : 'f - ' ~ ' ~\ 0 .~ r 1 ti `i ^ ' ~I"~ ~j'. ~' ~ 3„','~j ~ -i_.. C1: ~'' ~ ~ ..::.: ~ :i r' ~ ~ h~~ '-r ~ %~~ tn j. t` ~ ~ . • City of ~est Uni~ersity P1ace • A Neighborhood City ~ ReeyeledPaper ZONING BOARD OF ADJUSTMENT City of West University Place, Texas ("City") DECISION TO DENY A VARIANCE Address ojSite: 4229 Coleridge, Houston, Texas 77005 Docket.• 03-05 Legal Description of Site: Lots 19 and 20, in block 16 of Colonial Terrace, an addition to the City of West University Place, according to the map or Plat thereof recorded in Volume 655, Page 293 of the deed records of Harris County, Texas. Permittee/Applicant: Peter and Julie Schneider Decision or Actio~: Requested or Proposed: Request for a variance regarding Table 7-2: Yards (or 'setbacks'), Rear yard, Distance from the Property Line, See Note 1 of the Zoning Ordinance. The request for a variance is to allow the entirety of both lots facing Coleridge be treated as a rear yard and that a fence be placed one (1) foot from the property line on Coleridge. Notice, Hearing, Finclings, vote: (X) Required Notice given by: Mail and on-site posting in accordance with Article 11 by Sallye A. Clark, Planning Assistant City of West University Place (X) Hearing held on: April 17, 2003 • (X) Required statutory findings made: No hardship found (X) Additional Findings: None The vote: Steven Segal, Mark Plagens, Bill Richardson, Michael Silver and Carolyn Galfione voted to deny request. Decision of the Zoning Board of Adjustment (subject to ull applicable appeals): Under and subject to the City's Zoning Ordinance and applicable law, a variance under Article 11 is denied. Ef~`'ective Date & Appeals: This decision takes effect on the date it is filed in the Board's office (c/o Secretary of the Zoning Board of Adjustment, 3826 Amherst, West University Place, Texas 7700~, 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, Texas Local Government Code. Under Chapter 211, petitions for judicial review must be presented wi in 10 days after the date this decision is filed in the Board's offce. By: St en Segal, Presiding Oft'icer, Zoning . ard of Adjustment State of Te County of ~(~.I~'r i 5 This in trument was acknowledged before me on~ !V (date) by Steven Segal, Presiding Officer for the i Board of Adj tme . ..~... ""~' SALLYE A. CLARK • otary Public' ignature + '• MY COMMISSION EXPIRES (Personalized Seal) ~4av ~8, 2006 Filed in the Board' o tce and an origina forwarded to applicant on U/ - 9"~~ , 2003 by: PlanninQ Assistant. ~~ I f le~ rr~.~ ~~, rt ic~e. ~ 7ooa,o5 ~o~a o3 ~737 ~9~3 3800 University Boulevard • West University Place, Texas 77005-2899 • 713•668•4441 • www.westu.org .j 'r- F~ -~ City of ~est Uni~ersity P1ace i A Neighborhood City ~ Re~~~~~~ Zoning Board of Adjustment City of West University Place, Texas ("City") DECrSION TO DENY A SPECIAL EXCEPTION Address ofsite: 4148 Coleridge, Houston, Texas 77005 Docket: 03-O1 Legal description oJthe site: Lot Two (2) in Block Nineteen (19) of Colonial Terrace, Section "C", a subdivision in Harris County, Texas according to the plat thereof recorded in Volume 655, Page 517 of the Deed Records of Harris County, Texas. Permittee/Applicant: Lanny B. Lown Decision or Action Rec~uested: Request for a Special Exception regarding Table 7-A, Garage Space, Note 1, Special Exceptions. The request for the Special Exception is to allow construction of 4-car garage on a building site with 6600 square feet. Notice, Hearing, Finrlings, vote: . (X) Required notice ivg en by: Mail and on-site posting in accordance with Article 11 by Sallye A. Clark, Planning & Development Assistant City of West University Place. (X) Hearing held on: February 20, 2003 (X) The vote: John Rentz, Michael Neal, James Jordan, Mark Plagens and Steven Segal voted for denial; no one opposed. Decision of the Zoning Board ofAdjustment (subject to all applicable appealsJ: Under and subject to the City's Zoning Ordinance and applicable law, the special exception requested under Table 7-A, Garage Space, Note 1, Special Exceptions of the Zoning Ordinance is DENIED. ulings on individual reguired determinatioi:s (optional; a request jor these ruli~:gs must be timely matle): ~1) Required Determination: "proposed special exception will not cause any significant increase in on-street parking." (X) This determination could be made. () This determination is impossible. () Failure of proof. () Increase in on-street parking would be probable. ( ) Other: (2) Reguired Deterrnination: "proposed special exception will not cause any substantial traffic congestion." (X) This deternunation could be made. () This deternunation is impossible. () Failure of proof. () Substantial traffic congestion would be probable. Other: (3) Requirecl Deterrnination: "proposed special exception will not cause any substantial increase in traffic." (X) This determination could be made. () This deternvnation is impossible. () Failure of proof. () Substantial increase would probably occur. ( ) Other: (4) Reguired Determination: "proposed special exception will not cause an unreasonable burden upon utility systems or upon any other public facility or public service." (X) This deternvnation could be made. () This determination is impossible. () Failure of proof. () An unreasonable burden on would probably occur. ( ) Other: (5) Required Determination: "proposed special exception will be in harmony with the genera] purpose and intent of this ordinance." () This deternunation is impossible. () Failure of proof. (X) Speciat exception would not harmonize with the general purpose and intent of this ordinance. ( ) Other: (6) Other Required Determinations (If any): Effective Date & Appeals: This decision takes effect on the date it is ~led in the Board's off ce (c/o Secretary of the Zoning Board of Adjustment, 3826 Amherst, 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. Under Chapter 211, petitions for judicial review must be presented within 10 days after the date this decision is filed in the •oard's office. 3800 University Boulevard • West University Place, Texas 77005-2899 • 713•668•4441 ~ www.westu.org 2 ~= • By: '~ Steven Segal, Presiding Officer, Zoning B rd of A' stment State of Te a County of'~o~.i'r ~5 This i nstrument w as a cknowledged b efore m e o n_~ date) b y S teven S egal, P residing O fficer f or the Zoning d djustment. ~ o ary Public' ignature (Personalized Seal) Filed in the Board's office and an original forwarded to applicant on • .~... SALLYE A. CLARK - MY COMMISSION EXPIRES MAY 18, 2006 _ ~ _ ~ 2003 by: Planning Assistant. `r I 1~..~.~ ~ a~~ ry ~ ~f r~, ' 1' ~ J • M ~, , ~ ~ Recycled Paper City of ~est Uni~ersity P1ace A Neighborhood City ZONING BOARD OF ADJUSTMENT City of West University Place, Texas ("City") DECISION TO GRANT A VARIANCE 4-~~207 ~ 44l03t03 300107735 Address of Site: 3823 Case, Flouston, Texas 77005 Docket Number: 02-03 ~!~_,..: ~a sii.oo Legal Description of Site: Lot Fifteen (15), save and except the south 5 feet, in block eleven (11), of ~~ Collegeview, an addition in Harris County, Texas, according to the map or plat thereof recorded in volume 6 page 44 of the map records of Harris County, Texas Permittee/Applicant: Steven Perlick '.,~ / r Decision or Action Requesaed or Proposed: Request for a variance regarding Table 7-6: Projections Schedule, Mechanical Equipment, Note 6., Equipment in Rear or Side Yard of the Zoning Ordinance. The request for a variance is to allow a/c mechanical equipment to remain on roof of garage. ~ Notice, Hearing, Findings, Yote: ~' ~ ( X) Required Notice given by: Mail and on-site posting in accordance with Article 11 by Sallye ~ A. Clark, Planning & Development Assistant, City of West University Place. • ( X) Hearing held on: Apri118, 2002 4~ ( X) Required statutory findings made: Variance is not contrary to public interest; literal ~ enforcement of the ordinance would result in unnecessary hardship; spirit of the ordinance ~ is observed; substantial justice is done. ~ ( X ) Additional Findings: None ~ ( X) The vote: Michael Neal, Jeann Howse, Carolyn Galfione, Bill Richardson and Steven Segal voted to grant the variance, and no one opposed. Decision of the Zoning Board ofAdjustment (subject to all applicable appeals): Under and subject to the City's Zoning Ordinance and applicable law, a variance from Article 7, Table 7-6: Projections Schedule, Mechanical Equipment, Note 6., Equipment in Rear or Side Yard of the Zoning Ordinance is granted to the applicant named above subject to the following conditions: 1. The request for a variance is to allow a/c mechanical equipment to remain on roof of garage in the same location and to observe al.l current City of West University Place noise level Ordinances. 2. The applicant must record this decision in the Real Property Records of Harris County, Texas. The decision will go into effect once the decision is recorded and a certified copy is returned to the Board's Office (c/o Secretary of the Zoning Board of Adjustment, 3826 Amherst, Houston, Texas 77005), City of West University Place. ~ ,~: - c: ~ ~ : ~~ ~ ~ ..,, ~ 4:: ~ ~., r , ~:~ - ~`~, ~~ - . ; a. ... . ' `-a c` 1 . a . ..iC7 ~. w / + r ~ ~ ^~ ~ ~l ;` . ~ ~ `; ~..., --~~ ,c ~ p `•-~ ~ ri o ~ c~ti 3800 University Boulevard • West University Place, Texas 77005-2899 • 713•668•4441 • www.westu.org . • • Page ~ 4y ZBA Decision, Docket 02-03 (Variance) ~ This variance is for an indefinite period, unless a temporary period is indicated above. This variance remains subject to the regulatory jurisdiction of the City and it does not grant any property right or vested right of any kind. Effective Date & Appeals: The decision takes effect as 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. Under Chapter 211, petitions for judicial review must be presented ~vithin 10 days after the date this decision is filed in the Board's oftice. By: Presiding Officer, Zoning Boazd o jus ent ~ ~ ~ ~ ~ ~ ~' I ~ F~ ~ State of T as County of~t~ S JOSIE MARIE OROSCO • ~ MY COMMISSION EXPIRES JUNE 22. 2005 This instrument was acknowledged before me on~UV~.Q ~~, a~c~ (date) by Steven Segal, • Presiding Officer for the Zoning Board of Adjustment. ~t~S1 ~ ~'1~-~~ ~ ~~SC~ Notary Public's Signature (Personalized Seal) Filed in the Board's office and original forwarded to applicant for recording on ~CJ~~!by: Sallve A. Clark, Planning~and Development Assistant. ~~1~ (.(,~'N' r~ l/~~ S~- (.(.wr v~1 Sf ty ~f ~ c.-~ I 3 ~- ~ ~rn. h ~/1 S~ ~ S~f-rv, , 7~'~ ~ ? ~v S ~ ,~n: ~~~~ CC~..~ AN1'PROYISpN HEREN WIiICH RESTPoCTS iHE SUE, RFNTAL,di USE OF T!E OE5fA6ED REAL axaP~an ~uu~ a cao~ oa xu~ s~vwo um u~Nratc~ uno~t ~o~t uw. T}1E STATE OF TEXp$ COUNTY OF HARRIS ~h~arflyhllq nYunMlrar fLEOnFiN Nniber Squ~namhd~b rdMhime tl~p~1 ha~ea b~ nr, Nd wt I~r RECOADED. Y IM OEdY PYk Reurk d B W Prawry of H~ro Carq; Tq~en APR - 3 2003 ~' ~~'~~~~~.~ COUNRY CLERK * HARRIS COUMY, TEXq$ City of ~est Uni~ersity P1ace i ZOIVING BOARD OF ADJUSTMENT ~ Recyeled Paper City of West University Place, Texas ("City") DECISION TO GRANT A SPECIAL EXCEPTION Address of Site.• 6126 Charlotte Legcal Description of Site: Lot 7, Block 6, Virginia Court Addition Building Permit NumGer: Permittee/Applicant: Stuart E. & Judith England Nance Decision or Action Requested or Proposed: A request for special exception to grant Prior Nonconforming (PNC) status and allow the modest enlargement of garage by 1.5 feet and add a second story room over the garage. Notice, Henring, Findiiigs, Vote: ( X) Required notice given by: Mail and on-site posting in accordance with Article 11 by Ronald J• W~cker Interim Planning & Development Assistant . City of West Univcrsity Place ( X) Required determinations have been made by the ZBA with respect to the special exception as granted below: Proposed special exceptions was granted as proposed. ( ) Additional Findings: • ( X) Hearing held on: June 15, 2000 ( X) The vote: Regular Voting Members Sue Porretto, Mark Plegens, Steven Segal and Alternates Bill 12ichardson and Rich Langenstein all voting for, none opposed. Decision of the Zoning Board of Adjustinent (subject to all applicaGle appeuls): Under and subject to the City's 'Loning Ordinance and applicable law, a special exception ( Section 12-105.) to grant PNC status and allow the modest enlargcment of garage by 1.5 feet and add a second story room over the garage is granted. This special exception is for an indefinite period unless a temporary period is indicated above. This special exception remains subject to the regulatory jurisdiction of the city, and it does not grant any property right or vested right of any kind. Effective Date & Appeals: This decision takes effect on the date it is 61ed in the Board's office (c/o Secretary of the Zoning Board of Adjustment, 3800 University Boulevard, West University Place, 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, Texas Local Government Code. Under chapter 211, petitions for judicial review must be presented within 10 days after the date t' eci 'on is Ie i th ar 's office. ~'c,c. ~ ~. E~ ~~ ~-~ By: Attesr: ~' Chairperson, Zoning Board of Adjustment Staff Representat' City of West University Place Filed' ~he Boa • ~d ~ , 2000 and copies mailed (see attachcd mailing list) on 2 2000, By: ~ ~ ~' . 3800 University Botilevard • West University Plaee, T~a.s 77005 • 713/668•~41 City of ~est U~i~ersity P1ace ~ ZOIVING BOARD OF ADNSTMENT City of West University Place, Texas ("City") DECISION TO GRANT A VARIANCE Address of Site: 3510 Carnegie Legal Description of Site: West 60' of Lot 1, Block 34, West University Place First Addition Building Permit Number: Permittee/Applicarzt: Chris Curtis Decision or Actio~i Reguested or Proposed: Request for variance from Article 7, Table 7-6 "Projections Schedule, page ii (note 3a)" to allow a new garage to be built 3' from the rear property line. Notice, Hearing, Findings, Vote: ( X) Required Notice given by: Mail and on-site posting in accordance with Article 11 by Leslie Montisano, Planning & Development Assistant City of West University Place. ( X) Hearing held on: March 16, 2000 • ( X) Required statutory findings made: Variance is not contrary to public interest; due to special conditions a literal enforcement of the ordinance would result in unnecessary hardship; spirit of the ordinance is observed; substantial justice is done. ( X ) Additional Findings: None ( X) The vote: Frank Billings, Carolyn Panebianco, Steve Mazoff, and Bill Itichardson for, Rich Langenstein opposed. Decisiai of the Zoni-4g Board of Adjustmeizt (subject to all npplicable appeals): Under and subject to the City's Zoning Ordinance and applicable law, a variance under Article 7(Table 7-6) is granted to the permittee/applicant named above to allow a new garage to be built 3' 1" from the rear property line with the following conditions: 1. the new garage is limited to garage space and storage space (not including living space). 2. the variance becomes null and void if 51% or more of the fair market value of the principal building is lost to casualty, eminent domain, obsolescence, demolition or other similar cause. 3. the conditions of this variance are filed with the Harris County Tax Office as part of the real property records. This variance is for an indefinite period, unless a temporary period is indicated above. This variance remains subject to the regulatory jurisdiction of the City and it does not grant any property right or vested right of any kind. Effective Date & Appeals: This decision takes effect on the date it is filed in the Board's office (c/o Secretazy of the Zoning Board of Adjustment, 3800 University Boulevard, West University Place, 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, Texas 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. ~ ---'"-- •- ~ - - ~ . . By: Attest: ' ~ ~~ ~I~Chairperson, Zoning Boa Adjustment Staff Representative, City of West University Place Filed in the Board's of'fice and copy mailed to applicmit on - by: ~/1 ~d/~•(~c.~ ~~~ --~' Cit of ~est Uri.iversit P1ace Y Y ZONING BOARD OF ADJUSTMENT City of West University Place, Texas ("City") DECISION TO GRANT A VARIANCE Address of Site: 6024 Charlotte Legal Description of Site: Lot 6, Block 1, Virginia Court Addition Building Per»:it NunaGer: Perniittee/Applicnr~t: Daniel and Marsha Kistler Decision or Actiai Requested or Proposed: Request for variance from Section 7, Table 7-6 (Projections Schedule page ii), Note 5(Garages in Side Yards) which requires any projecting part to be at least 70' from the front street line and allow construction of a side yard garage having at least 63' from any projection to the front street line. Notice, Hearing, Findings, Vote: ( X) Required Notice given by: Mail and on-site posting in accordance with Article 11 by Leslie Montisano, Planning & Development Assistant ~ City of West University Place '~~ ( X) Hearing held on: January 6, 2000 ( X) Required statutory findings made: Variance is not contrary to public interest; due to special conditions a literal enforcement of the ordinance would result in unnecessary hardship; spirit of the ordinance is observed; substAntial justice is done. ( X ) Additional Findings: None ( X) The vote: Frank Billings, Rich Langenstein, Michael Neal, Mark Plagens, Steven Segal for, no one opposed. Decisio-i of tlle Zoning Board of Adjustment (subject to all applicaGle appeals): Under and subject to the City's Zoning Ordina~ce and applicable law, a variance under Article 7(Table 7-6, No*.e 5) is granted to the permittee/applicant named above to allow a garage to be built no closer than 63' from the front property line. This variance is for an indefinite period, unless a temporary period is indicated above. This variance remains subject to the regulatory jurisdict.ion of the City and it does not grant any property right or vested right of any kind. Effective Date & Appeals: 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, West University Place, 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, Texas Local Government ~ode. 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. gy: . Attest: • ~ ~(,~Chairperson, Zoning B rd of Adjustment Staff Representative, ity of West University Place Filed in tlze Board's office or~~~~ 2000 and copies mniled ( ' t~-o i oZ 2000. ay: ,~~~~„ ~7"Y)B-r~,~Gu-~~ - ~ City of ~C~tlest U~i.~e~rsity P1ace ZONING BOARD OF ADJUSTMENT City of West University Place, Texas ("City") DECISION TO GRANT A SPECIAL EXCEPTION Address of Site.• 4010 Case Legal Description of Site.• Lot 13, Block 33, Fourth Subdivision of Collegeview Builcling Permit Number: Permittee/Applicant: Mr. & Mrs. ~Villiam R. Klingberg Decision or Action Requested or Proposed.• A request for special exception to allow the front opening garage to be placed on the front buiiding line, instead of 10' behind the building line. Notice, Hearing, Findings, Vote: (~ Required notice given by: Mail and on-site posting in accordance with Article 11 by Leslie Montisano, Planning & Development Assistant City of ~Yest University Place ( f) Required determinations have been made by the ZBA with respect to the special exception as granted below (proposed special exception will not cause any significant increase in on-street parking; proposed special exception will not cause any substantial traffic congesNon; proposed special exception will not cause any substantial increase in traffic; proposed special exceprion will not cause an unreasonable burden ~ upon utility systems or upon any other public facility or public service.) (,~ Additional Findings: The location or design requested is necessary for safety considerations. The location or design will not unreasonably interfere with available light and air and will not significantly alter access for 6re-fighting and similar needs. (/) Hearing held on: June 17,1999 (~) Tlie vote: Frank Billings, Michael Neal, Mark Plagens, Sue Porretto, and Steven Segal for, no one opposed. Decision of the Zoning Board of Adjustment (subject to all applicable appeals): Under and subject to the City's Zoning Ordinance and applicable law, a special egception for "Garage Openings, Front", as specifically allowed by Section 10-101 of the Zoning Ordinance, is granted: (i) to the permittee/applicant named above, (ii) to allow the proposed garage to be located closer than 10' to the front yard on the site identified above, and (iii) subject to the following conditions (if any): Garage must conform to the plans shown to the Board and it may not be located within the front yard. This special excepNon is for an indefinite period unless a temporary period is indicated above. This special exception remains subject to the regulatory jurisdiction of the city, and it does not grant any property right or vested right of any kind. Effective Date & Appeals: This decision takes effect on the date it is filed in the Board's offce (c/o Secretary of the Zoning Board of Adjustment, 3800 University Boulevard, West University Place, Tezas 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, Texas 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 of~ce. M By: ~l~t.~ `~f9~~t. ~ Attest: ~• ~ ~ ~~ .[.c~. Chairperson, Zoning Board of Adjustment Staff Representative, City of West University Place Filed in the Board's o~ce on ~. 1999 nnd cnpies mni/ed (see attached mailing lis!) on av 1999, By: _ 3-3 i-1997 5: 12PPA FFt01~1 71366b441 1 P. 2 re~.s zsw~, ~usKak:w.p, tv~e.~as.sy ~ Zoning Bo~nd of Adjustmeat . Ciry of ZiVest University Place, Texas ("City") DECLSION TO GRANT A SPF~CiAL EXCEPTION tddr~asojsite: ?4038 COLERIDGE DOCKET ND. 47-01 :egd descitptio~ ojtha si[e: LOT 20, $~.ocx S, gI550131GE2 pLACE ~ulldingPenriitNo: 47010it Permitteei~4pplicY~[: SHErLA A. 5CR*ti17 7~ecision arAclion Rsqtresled orPrripused: A ~ZEQIJEST FOx VAR'I.ANCE TO ALLOW A GARAGE QPF~xiNG 20 BE LESS TBAIQ IO' FEET FROM THE SIDE STRE£T 1,XNE. ' Vo[ict, Xeori~~ FMedi~rgs~ Yore: ~~ ~{QlE~ ~lOtii~ ~iVCA ~: POSTIN~,~j~~,,~CIPAL RLDG.b PROPI~TYI . I'ia7L CPRCfP1~RTY AIdA&RS) (~ Re4uired determia~-tions hsve beea made by t~e zBA witlt cespect w it~e special ezcxptioa as granted . below (propose~f special exceptioa wi[1 aot cause any sigpificac~t incresse in on~stteet parkiag; Proposed special exeeption will not cstue aoy aEbstaatial traf ~c o~t8~~: P~~ ~ exe.~ptiott will not eaase aa~ sttb~untial in~cccase in tc~#'fic: Proposed sper.ial e~eeeptian wiU aot ea~ate aa emteasonable berdesa c~vn ~1ity systwns vr upvtt any other public facility or pubiie spvioa) ( ) A~ddtiond fie~dinS,s (i~'anY): ~/A (~ Haaeia$ held oa: ~-ttCS 20. 199 7 ~ . .._ . .( ~ xhOV~~te:MINOR",_PORRE'!"!'O~SILLYNG6 b ~. NQNE s~~iRftg~iltlg. FEAI. • . 7~esdslo~r of tJ~e Zdaeb+~gBomd ofAdjasd~es~r~ (rub}eai ro dt a~„plicabls qppeals): Unda aad subja~ to tlie City's ZOniif,g Qt+dunmoe ~rid appliex~ble law~ a ape:cial OxtxptivA f.or 8 PRI4R NON-CONFORrRNG STATUS as spe~ifiei~l~- ~llawrrd by Soction 12-1v5 of the ZoAiqg Ord"u-wace. is ~raated: (~ to the ~ p~~nltteeJa~ticant aamed above, (i~ foc the aite identiRied abave, aad (ui) subjecc to =he folIowiag cond;tions (~~y): . THE RL'QUEST FOR VARIANCE Z5 DE1~If0i ~tOw1EV£R IHE S~ECIAX. EXCEPTZON x5 GRAIVTED TO Ai.LO'W T(i8 CVII('IINOATION OF TR~ PRIOR PpFCOAP'aRCiY1~G S7ATU5 WI'I'~1 THE SQIIARL YOOTA6E OF T~i~ STRUCTURE AS IT ~7CYS7ED MARC}I 20, 1997. ' 1Lis s,pecial rxc~ion is fvr ~u indef aite petiod ualess a tempanay p~xiad is indieabed abeve. T`~is speciai exoeptioa i~emaias subject to the ~e~vilstvry jarisdic.tiea vf the Citr. x~-d it does not grnnt anY. P~p~ ~~' v~ested a~it of ~y kind. ~~fc~a'vs D~i ~.~pp~ads: This daisioa s:lces e~'ect on tbe datc it is f~led ia che Board's o~ve (clo Socr~tary of the ~.o~iq,~ Bo~t~ of Adjttstxnent. 3800 Uni.~rsiry Beulevsrd, Houston. Ttxas 77005). wtlas otherwiso indicatod above. 94Y aPP~s of tbis decisivn a,ne subject to ~nd S~M~ ~'Y ~PPUeabla ordinances and laws, inctudiag. tho Zoaiag ?rdiamcs aad Chapter Zl l. 7ex. I.ocal Govanunent Co~. Uader Chap~ 2I l~ petitions fof judicisi r~view must be xe,seuted w~hin 10 datys aflrx tlte date this da:ision is f~lcd ia t~e Bootd•s ofFie~. q ~„ ~ tcesr: ~ , `C/~'"L ~Z~O ~--~' y. ~- ~_ Cbaitman, For the Zorung Board of adjustmenc ~r ~ ~ir l~te $a~d's OjJt~ orr ~ / . 19 ~, mid copi~s aailed Cste mailirg list auucheG~ va ~ / 19 ~~~ ` • ~~ Form ZBA-203, 8-2494(04c:\wp5l~fortns~zba203.54) Zoning Board of Adjustment City of West University Place, Texas ("City") • DECISION TO GRANT A SPECIAL EXCEP'TION Addr~ess of site: 4139 COLERIDGE Legal description of the site: LOT 23, BLOCK 20, COLONIAL TERRACE ADDITION Building Pe»nit No: N/A Permittee/Applicauzt: CHARLES KUCK INC. CLASSIC AMERICIAN HOMES Decisiorr orAction Requesled orProposed.~ A REQUEST FOR A SPECIAL EXCEPTION TO LOCATE A DRIVEWAY DIFFERENTLY FROM THE DRIVEWAY PATTERN RULE IN ORDER TO CONSERVE A LARGE SHARED UALIFIED TREE. otice, Hearing, Findings, Yote: (X ) Required notice given by: POSTING(MUNICIPAL BUILDING & ADDRESS) ,MAIL(PROPERTY OWNERS) (x ) Required determinations have been made by the ZBA with respect to the special exception as granted below (proposed special exception will not cause any significant increase in on-street parking; proposed special exception will not cause any substantial traffic congestion; proposed special exception will not cause any substantial increase in traffic; proposed special exception will not cause an unreasonable burden upon utility systems or upon any other public facility or public service.) ( ) Additional findings (if any): N/A (X ) Hearing held on: OCTOBER 26, 1995, THURSDAY ( VY The vote:MINOR, PORRETTO, HUBER for, NONE against granting. NEAL, BILLINGS Decision of the Zoning Boarzf ofAdjustnren~ (subject to all aPplicable ar~peals): Under and subject to the City's Zoning Ordinance and applicable law, a special exception for a G~r/~~c kl~t ~~ ~ G~h ~.,, , i as specifically allowed by Section 10-101 of the Zoning Ordinance, is gr ted: (i) to the permittee/applicant named above, (ii) for the site identified above, and (iii) subject to the following conditions (if any): SUE PORRETTO MADE A MOTION TO GRANT THE SPECIAL EXCEPTION UNDER THE CONDITION THE REQUIREMENTS OF THE URBAN FORESTER ARE MET. FRANK BILLINGS SECONDED THE MOTION. This special exception is for an indefinite period unless a temporary period is indicated above. This special exception remains subject to the regulatory jurisdiction of the City, and it does not grant any property right or vested right of any kind. Effective Da[e & Appeals: This decision takes effect on the date it is filed in the Board's office (c% 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. Under Chapter 211, petitions for judicial review must be presented witty~ 10 days after the date this decision is filed in the Board's office. , •~ A [test: ~-' ~""~ ~ 1 .~,~ Ch~rman, Fo`{ ~he Zoning~oard of Adjustment Filed in the Boa~ri's office on oCTOBER 27 , 19 95 , Qnd copies »~ailed (see mailing list attached) on , 19 , By: ZONING BOARD OF ADJUSTMENT CITY OF WEST UNIVERSITY PLACE, TEXAS ~J DECISION Reference: 3512 Cason Lot 1-B (West 50' . of Lot 1, Block 37 . Appeal: West Univ. Place lst Dated: 92-12 10-1-92 Hearing Held On September 17, 1992 1. INTERPRETATION: "Decision of the Zoning Board of Adjustment" ~ LJ Frank ~illings made the motion to grant the variance with the following con~itions: 1) the existing house (also known as the "accessory quarters") have a standara housing inspection to en.sure it meets tne codes of the city. 2) the two lots remain under tne same ownership. 3) In the event~that the present structure is torn down, then it must meet all requirements as an accessory quarters. 4) The structure must never be rented out. 5) Such conditions be made record of Harris County. Teresa Fogler seconded the motion. . Vo~ing Yes: Voting No: Sterling I~linor None Frank 3illings BY THE BOARD ~ Robert Mc Bride ~ . Teresa Fogler ~. Unless otherwise stated, an authorization by the Board of Adjustment for a special exception, variance or conditional use shall expire if the applicant fails to obtain a permit with'in 90 days from the date of authorization of such special exception•, variance or conditional use. ~. Date : ~ V (o °I ~ cc: Building Inspector City of West University Place Zoning Board of Adjustment C~~~ Secretary ~ ; ~, ~, ~ •. Form No. 3 ZONING BOARD OF ADJUSTMENT CITY Or WEST UNIV~RSITY PLACE, T~XAS DECISION ~ Reference: 6127 Charlotte Lot 13, Blk. 7 Virginia Court Appeal No.: 91-15 Dated: 9/9/91 Hearing He1d On September 19, 1991 1. INTERPRETATION: "Decision of the Zoning Board of Adjustment" Your appeal was denied due to the fact the property owner failed to show sufficent hardship. ~ J Unless otherwise stated, any authorization by the Board of Adjustment for a special exception, variance or conditional use shall expire if the applicant fails to obtain a permit withi.n 90 days from the date of authorization of such special exception, variance or conditional use. City of West University Place Zonin Board of Ad~ustment ~~~~~~~ Secretary ~ (Date) 9/20/91 cc: Building Inspector --- - - - - . ... . . .. . , - • , ~ . ~ .. -. . , . .-. . .. • . • . _ ;~,r ~ . , . Form No. 3 ZONING BOARD OF AD,7UgTMENT CITY OF WEST UNIVERSITY PLACE, TEXAS DECISION Reference: Appeal No.~ 91-1a Dated: July 18, 1991 Hearing Held On July 18, 1991 1. INTERPRETATION: "Decision of the Zoning Board of Adjustment" After a brief discussion concerning Docket 4~ 91-13, 3313 Cason, Robert Heaton made motion seconded by Joe Webb to allow the additional 240 sq.ft. on the accessory building. Motion carried unanimously. ~ Unless otherwise stated, any authorization by the Board of Adjustment for a special exception, variance or conditional use shall expire if the applicant fails to obtain a permit within 90 days from the date of authorization of such special exception, variance or conditional use. . (Date) August 7, 1991 cc: Building Inspector City of West Universitv Place Zo ing Board of justment ~ ~ ~ .~i~ ~ 1 C~- E izabeth Beth~zn~ ~ cretary r~orm No . 3 ZONING BOARD OF ADJUSTMENT CITY OF WEST UNIVERSITY PLACE, TEXAS ~ DECISION Reference: Appeal No.: 91-8 Dated: June 24, 1991 Hearing Held On ~une 20 1991 1. INTERPRETATION: "Decision of the Zoning Board of Adjustment" Joe Webb made motion seconded by Sterling Minor to allow Reliance Construction to store equipment on the property located at 5902 Community for a period of 180 days, but there must be a buffer created at least 10 feet inside the property line on the south side of the property. • Unless otherwise stated, any authorization by the Board of Adjustment for a special exception, variance or conditional use shall expire if the applicant fails to obtain a permit within 90 days from the date of authorization of such special exception, variance or conditional use. City of West Universitv Place Zoning Board of Adj stment `'~ ~ ~~_ ~~ v 1 (.• ~~., ~ ~li.abeth Bethune ~~ ec; etary * (Date) cc: Building Inspector , + - ~. ~ ~ ~~ City of ~est Uni~ersity P1ace A Neighborhood City ~rf~P~2~tiec granting variance, 12-04 Zoning Board of Adjustment ~~,~~4~~ City of West University Place, Texas ("City") 10J03/05 30o7o22So ,\ ~'J ' .._ ~~~ Docket No: OS-13 ~~ DECISION GRANTING A VARIANCE Addressofbuildingsite: 6125 Edloe Street, West University Place, Texas 77005 Legal description of the buildi~ag site: Tr 15p ( 0 O 1* Tr 2 9) ( 0 8 5* Tr 8 d) Abs t 61 A C Reynolds 50' x 155' out of the A.C. Reynolds Survey, abstract No/. 61, Harris County, Texas ~ .. Applicant: West University Masonic Lodge No. 1292 Decision orAction Requested: Applicant requests a variance to not require any additional off street parking for a 375 square foot retail space. 524.00 t ~ ~ Noti e, Heari~:g, Determi~:atioizs, Vote: ~ ( Notice of hearing was given by: Mail and on-site posting, in I accordance with Article 11 of the Zoning Ordinance, by Sallye A. Clark, Planning ~- ~Assistant of the City. ~ ( earing was held on September 15, 2005. ~ ( Required findings and determinations have been made by the ZBA as follows: (i ) due to ~`1~ special conditions, a literal enforcement of the Zoning Ordinance ~1 provision identified below would result in unnecessary hardship, ~ (ii) by granting this variance, the spirit of the ordinance is observed and substantial justice is done, and (iii) this variance ~ is not contrary to public interest. ~ () dditional findings and determinations (if any) have been made, as follows: ( The vote was:~for, _~against th.is decision. Decision of tl:e Zo~:ing Board of Adjustn:ent graiiting variai:ce (subject to all applicable appeals): Under and subject to the City's Zoning Ordinance and applicable law, a variance from (identify the exact provision) Article 10. Parking Areas, Driveways and Loading Areas, Section 10 -100 . Of f-Street Parking of the Zoning Ordinance is granted for the site identified above subject to the following: ~ 1. If off-street parking becomes available on the site, or nearby, that could be used to comply with the off-street parking requirements for this site, the applicant must VAR/ANCE, Page 1 3800 University Boulevard ~ West University Place, Texas 77005-2899 ~ 713•668•4441 ~ www.westu.org ~~ promptly make all necessary arrangements to comply, failing which; the variance could be terminated by action of the Zoning Board of Adjustment. This condition could apply, for example, if the site is remodeled or redeveloped, or if the use of the site changes, or if a public parking facility opens nearby. ~ Any certificate of occupancy for the premises is made subject to~and condi ti oned upon -- thi s vari ance Otl:er Provisions: THIS DECISION SHOULD BE RECORDED IN THE HARRIS COUNTY REAL PROPERTY RECORDS, AND THE COST MUST BE PAID BY THE APPLICANT. UNLESS OTH~RWISE SPECIFIED IN THIS DECISION, ALL PERMITS REQUIRED FOR THE WORK CONTEMPLATED BY THIS DECISION MUST BE APPLIED FOR ON OR BEFORE THE 90TH DAY FOLLOWING THE EFFECTNE DATE OF THIS DECISION, AND SUCH WORK MUST BE COMPLETED IN ACCORDANCE WITH SUCH PERMITS (AND ALL APPLICABLE REGULATIONS) ON OR BEFORE THE SECOND A1VrTIVERSARY OF THE DATE OF THIS DECISION. NO EXTENSION OF ANY PRESC:RIBED TIME PERIOD IN THIS DECISION MAY BE GRANTED WITHOUT AUTHORIZATION FROM THIS BOARD. NEITHER ADDITIONAL NOTICE NOR HEARING IS REQUIRED FOR GRANTING A TIME EXTENSION. IF ANY WORK OR CONDITION IS NOT DONE WITHIN A PRESCRIBED TIME PERIOD--AND NO TIME EXTENSION IS GRANTED--THIS DECISION REMAINS IN EFFECT, BUT IT IS SUBJECT TO REVERSAL OR MODIFICATION BY THE BOARD WITHOUT ADDITIONAL NOTICE OR HEARING. ~ THIS DECISION APPLIES ONLY TO THE SPECIFIC ZONING ORDINANCE PROVISION ~ IDENTIFIED ABOVE. IT DOES NOT APPLY TO OR AFFECT: (A) OTHER REQUIItEMENTS ~ (SUCH AS, FOR EXAMPLE, REGULATIONS SITES, BUII.,DINGS AND OTHER STRUCTURES UNDER CHAPTER 6 OF THE CODE OF ORDINANCES, OR ANY OTHER PROVISIONS OF THE ~ ZONIlVG 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 RECENE APPROPRIATE PERMISSIONS FROM THE BUILDING & STANDARDS COMMISSION, THE CITY COUNCIL OR OTHER BODIES THAT MAY HAVE AUTHORITY TO ACT ON SUCH REQUIREMENTS. 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 ACTNITY, SITE OR STRUCTURE. Z 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. VARIANCE, Page 2 1 .' I • ` 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 & Appeals: Subject to any applicable appeals, this decision takes effect on the date it is f led in the Board's office (c/o Secretary of the Zoning Board of Adjustment, 3826 Amherst, West IJniversity Place, Texas 77005), unless otherwise indicated above. Any re-hearing of this decision is governed by the rules of the Zoning Board of Adjustment. 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 a~er the date this decision is filed in the Board's office. ,f ` ~ ZONING BOARD OF ADNSTMENT, ~ :~;V ~ ; CITY F WEST RSITY PLACE, TEXAS ~'., ~;=• ~°-, '~'~`9< ~ _;:~ ~ ~ By~ --. ~- '~, c~ 4" Presiding Officer, in Board of Ad'ustment ~'~' ~~ ~ ~~ g J ~~ (;:~ ; ~ ~ -,-, ~:~ .~ STATE OF TEXAS ~~ ~ ~ ~ ~ COUNTY OF HARRIS 'L ~ ~ ~ This instrument was acknowledged before me on ~~ ~'rJ' (date) bymQ.Y/ l~ ame) as Presiding Officer of the Zoning Board of Adjustment the ity of West University Place, Tex SALLYE A. CLARK . • MY COMMISSION EXPIRES MAY 8, 200 (SEAL) ~ ` My commission expires: otary Public This instrument was filed in the Board's o~ce on `'~ ~ , and, if a mailing list is attached, copies were mailed to the persons on the list o(N/A) . By: ame: I~fQu~ j ~.~11 ~ Title:. C,j~ I~n,~ ~er recording return to: Sallye A. Clark „~ ~,d. Secretary, Zoning Board of Adjustment City of West University Place RECORDER'SA~~EAIOFtANDUM: 3826 Amherst Street At me time ot reco-dation, this +nst~umenl wa+s found to be madsquate to~ the asst p~o~o raphic • Houston, Texas 77005 rep~oduction neca~~se of ~fli 9e1C~~~~~i b~o~kouts photo copy. discofored pape (P hone #: 7 1 3- 6 6 2- 5 8 4 3) edditions and chan ges were present at the time the insWment was t0ed and recaded. VAR/ANCE, Page 3 ~r ~va~o~ x~ w~ ~sr~cra n~ su~, ~r~ oa u~ a n~ o~sa~~ ~iu ~i~~a ~r~k°A°AS °k a~ a xnua u+o u~o~ u~ ~u~u uw. C ~N7Yy OpF~ yARRI dtM ud'~I IM tMniM ~ MiWumenl w4 F~ED'n f~1e Nwnba OfAdd Publk A~aard~ ~~ef dM~~i P~rop,A~ol Hirr~Cw h ~x~. M i e OCT - 3 1005 ~ - ~~~~~~~ ~ ~~~ .. IiAfiRl~i ~AUNfiV. TEXAS ~ ~~ L_~! ~ . _..... . . , . : ZONING BOARD OF ADJUSTMENT CITY OF WEST UNIVERSITY PLACE, TEXAS nF(` T S T nN Reference: Appeal: 92-05 Dated: June 23, 1992 Hearing Held On May 21, 1992 1. INTERPRETATION: "Decision of the Zoning Board of Adjustment" A variance was granted by the Zoning Board of Adjustment on aocket 92-05, 4Z30 Emory, Lot 23, Block~6, College Court I~ddition. This variance allows a building to encroach into tne ~0' front setback by approximately one foot, as indicated on the survey provided by RichMark Homes. If this survey is not correct, then there is no.need to grant a variance. ~ Frank Billings made the motion to grant the variance. Robert Mci3ride seconded the motion. Motion was carried with the following votes: Sterling Minor, Frank Billings, John Pickul and Robert McBride. Voting against the motion: Vic Hanson. BY THE BOARD Unless otherwise stated, an authorization by the Board of Adjustment for a special exception, variance or conditional use shall expire if the applicant fails to obtain a permit within 90 days from the date of authorization of such special exception, variance or conditional use. City of West University Place Zoning Board of Adjustment ecr~ S y Date : ~ a'3I ~''I a' cc: Buildinq Inspector ~ ~ • ~ ~. ~ ~t . . ~~ ~ ' ~~ Cit of ~est U~i~ersit P1ace ,~. 3~ y ~`~ A Neighborhood City ' i~ ~ RecyeledPaper ZONING BOARD OF ADJUSTMENT City of West University Place, Texas ("City") ~~~~ 6~~ DECISION TO GRANT A VARIANCE ~~bf ~~~~~ 30~)1E1061 ilddress of Site: 6024 Fordham, Houston, Texas 77005 Docket Num6er.• 03-08 ~~-. ~ii.-)~] Legal Description ofSite: Lot 14, in Block 3, of Virginia Court, an addition in Harris County, Texas according to the map or plat thereof, recorded in Votume 572, Page 361 of the Deed Records of Harris County, Texas. Permittee/Applicant: Gary and Gretchen Miertschin Decision or Action Requested or Proposed: The request for a variance is to disallow the required minimum enclosed parking space to build accessory quarters. Notice, Hearing, Findings, Vote: ( X) Required Notice given by: Mail and on-site posting in accordance with Article 11 by Sallye A. Clark, Planning & Development Assistant, City of West University Place. ( X) Hearing held on: June 19, 2003 ( X) Required statutory findings made: Variance is not contrary to public interest; literal enforcement of the ordinance would result in unnecessary hardship; spirit of the ordinance is, observed; substantial justice is done. ( X ) Additional Findings: None ( X) The vote: James Jordan, Mark Plagens, Carolyn Galfione a nd B ill R ichardson v oted t o grant the variance, and no one opposed. Decision of the Zoning Board ofAdjustment (subject to all applicable appeals): Under and subject to the City's Zoning Ordinance and applicable law, a variance from Article 7, Table 7-4a: Garage Space, in general of The Zoning Ordinance is granted to the applicant named above subject to the following conditions: 1. Variance expires on the 915L day following the date when neither of the current owners owns an interest in the property or demolition of the proposed structure or existing principal building. 2. This decision must be recorded in the Real Property Records of Harris County, Texas. The decision will go into effect once the decision is recorded and is in the Board's Office (c/o Secretary of the Zoning Board of Adjustment, 3826 Amherst, Houston, Texas 77005), City of West University Place. 3. If an application is granted by the Board, the written decision shall contain conditions as follows: (i) that all permits necessary for the prosecution of work shall be applied for within 90 days, or such other period determined by the Board and (ii) that construction shall be commenced and completed within two years from the date of granting by the Board, unless otherwise prescribed in the decision itself, or unless an extension of time is granted by the Board. No extensions may be granted by the Building Official unless authorized to do so by the Board. Neither additional notice nor hearing is required for granting a time extension. If any such condition is not fulfilled within the prescribed time, the decision remains in effect but is subject to reversal or modifcation by the Board without additional notice or hearing. 3800 University Boulevard • West University Place, Texas 77005-2899 • 713•668•4441 • www.westu.org ANY PROVISIONS HEREIN WHICH RESTRICT THE SALE, RENTAL OR USE OF THE DESCRIBED RE?-L PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER THE FEDERAL LAW. A CERTIFIED COPY ATI'EST: ~UN 2 7 ~ BEVERLY B. KAUFMAN, County Clerk Deputy ~ .~~- SYLVlA L. McCULLOUGN ~ ~ Page 2 ZBA Decision, Docket 03-08 (Variance) This variance is for an indefinite period, unless a temporary period is indicated above. This variance remains subject to the regulatory jurisdiction of the City and it does not grant any property right or vested right of any kind. EfJ`'ective Date & Appeals: The decision takes effect as indicated above. Any appeals of this decision are subject to and governed by applicable ordinances and laws, including: the Zouing 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. By: Presiding State of Te s County of ~ s Boazd of Adjustment r ~ ° ~ ~n o ~ n ~ ~ ~ ~ ay ~-< ~V 1 , ~ ~~ °' ~ ~, ~ ~ ~ ~ ~ ~ o' a w c„ .. CJt ~ This instrument was acknowledged before me o~~1Y~~~-~,~~ate) by Mark Plagens, Presiding Officer for the Zoning Board of Adjustment. ~~l n rn~~ p~~~-~ `~JOSIE MARIE OROSCO ~~~' I , / ,• MY COMMISSION EXPIRES Notary Public's Signature •,~ ~+~;~,~ ° JUNE 22, soos (Personalized Seal) Filed in the Boazd's office and original forwarded to applicant on , by: Planning Division staff. After recordin~ return to: Sallye A. Clark City of West University Place ~r 3826 Amherst Street ~ ANY PROVISIONS HEREIN WHICH RESTRICT THE SALE, RENTAL OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER THE FEDERAL LAW. Houston, Texas 77005 Phone #: 713-662-5843 A CERTIFIED COPY A~-rEST: JUN 2 ~ ~ PNROPER~BECWSEOFOOIOROSRACE6 NJDAMDtN1ENF~OR~l18~EUN0EN~DFPAIU~~. THE STATE OF TEXAS COUNTY OF HARRIS ~ak~~rhine I herebyexEF/tlrl /N ireinmal ra~ FLfD'n FI~ M~aber Saque sG~pd hneaa E'~ ne, ~M rnt dul~ RECORDFD. h Ik OIFat PoEk R~roiA d Aal PnOiM d Ne's cwry, T~n+an ~ * JUN 2 5 2003 ~~~~~~~~~ COUNTY CLERK HARRIS COUNTY, TEXAS SYLVlA L. McCULLOUGI-! ~ ~ ~ • ZONING BOARD OF ADJUSTMENT City of West University Place, Texas ("City") DECISION TO GRANT A SPECIAL EXCEPTION Address of Site: 2711 Fendwood Legal Descriptio-i of Site: Lot 8, Block 3, Pemberton Addition Building Pern:it Number: Permdttee/Applicant: Shell K. Sontoza Decision or Action Requested or Proposed: A request for special exception that would grant PNC status which would authorize the projection of an existing garage .1 feet into the side yard and allow the same existing garage to project .5 feet into the rear 5 feet easement. Notice, Hearing, Findings, Vote: ( X) Required notice given by: Mail and ou-site posting in accordance with Article 11 by Neslihan Bilir Tesno, Development Coordinator/Forester City of West University Place ( X) Required determinations have been made by the ZBA with respect to the special exception as granted below: The encroachment was inadvertent and neither misrepresented to the City nor hidden from City officials. The encroachment will not cause a substantial adverse effect on other persons. The encroachment does not create a signiticant health or safety risk. ( ) Additional Findings: , ( X) Heazing held on: May 18, 2000 ( X) The vote: Sue Poretto, Frank Billings, Mike Neal, Mark Plagens and Steven Segal voted for, no one opposed. Decision of the Zoning Board of Adjustncent (sc~bject to all applicable nppeals): Under and subject to the City's Zoning Ordinance and applicable law, a special exception to grant PNC status and allow the projection of an existing garage to project into the side yard .1 feet and into the rear yard .5 feet. Special Exception is granted subject to the following conditions: The Special Exception must be recorded in the Harris County Deed Records and an acquiescence for easement be granted from the city. This special exception is for an indefinite period unless a temporary period is indicated above. This special exception remains subject to the regulatory jurisdiction of the city, and it does not grant any property right or vested right of any kind. Effective Date & Appeals: This decision takes effect on the date it is filed in the Board's oftice (do Secretary of the Zoning Board of Adjustment, 3800 University Boulevard, West University Place, 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, Texas Local Government Code. Under chapter 211, petitions for judicial review must be presented within 10 days after the ate this decision is fled in the Board's office. By: ~-~- ~- 1 ~- ~~ Attested: Chairperson, Zoning Board of Adjustment Staff Representative, City of West University Place File ' ie Board' f ~ ~ , 2000 and copies mailed (see attached mailing list) on ~~`K/ Z~ . 2000, By: . + • • Form ZBA-202(04c:1wpS 1lforms~zba202.54oripJ Zoning Board of Adjustment City of West YJniversity Place~ Texas ("City") bECISION 'PO DEN'i' A VARYANCE .4ddr~ess ojsite: 2712 Fenwood Legul descriptio-t of the silc: Lot 8& Part of Lot 9, Block l, Pemberton Addition. Buildrng Pernti~ No: N/A Pernrit~ee/Appllccait; Daphne Lerner Decision orActioji Requested orProposed.' To extend front setback 5' to allow for a covered parking area. Notice, Hearing, fiindings, i~ote: ~X~ ltequired notice given by: Posting(Municipal Building & ptoperty), MAIL(Property Owners) ( X) Hearing held on: Thursday, November 16, 1995 ( X~ Th~ VOte: Billings, Poretto, Minor, Neal. •.Hut~hins for. None against. Decrsiori of tire Zoning Boa~oJAdjrrstment (subject !o all c~iplicable qppeals): Under and subject to the City's Zoning Ordinance and appiicable law, the varianco from Section 7-101. xe ulations Tables b Pro ' ections . ~-2. Yards of the Zoning drdinance is DEIV~b. Rr~lings or~ rrrdividual requinedfindings (optional; cr ~quesr for these individual rulings must be timeJy mcrde}: • (1) Requined ~nding: "variance is not contrary~to public interest." () This ~nding could bs made. {) This Fnding is impossible. (x ) Unpersuasive proof. () Variance would be cantrary to the public interest. ( ) Qdier: (2) Requined Finding: "due to special conditions a litera( enforcement of the ordinance would resutt in unnecessary hardship." () Positive finding could be made. () Positive finding is impossible. (X) Unpersuasive proof. () No "special condition" proved. () Na hardship proved. ( ) pthor: (3) Reguired Frnding: "spirit of the ordinance is abserved." () Positivo finding could be made. () Posit~ive finding is impossible. (X ) Unporsuasive proof. () Variance would not observe the spirit of the ordinance. () Other: (4) Required F}nding: "substantial justice is done." () Positive finding could be made. ( X) Positive finding is impossible. (} Unpersuasive proof. () Substantial justice vvould not be done if the variance were granted. ( j Variance would have advorse impact on others. ( ) Other: (5) OtherRequ~red FFnding (IJAny); Efjective Date 8 Appeals: 7'his decision takes effect an the date it is filed in the Board's office (c% Secretary of the Zoning $oard of Adjustment, 3800 University Boulevard, Houston~ Texas 77045), unless otherwise indicated above. y appeals of this decision are subject to and governed by applicable ordinances and laws, including: the Ordinance and Chapter 211~ Tex. Local Gavernment Code. Under Chapter 211~ petitions for judicial mu e ted with~n 10 days after the date this decisian is fited in the Board's of~ice. ~Y~ A ltes~: ~~-t~!/J~f C airman, For Zoning Bo d of Adjustment /~ Filed in the Boa~l's office orr <' ~ 19 9c~, cmd copies mcniled (see mmling list at~acl~ed) on ~ 19 _~ Y~. - • • ~ • Form ZBA-201(04c:\wp51\forms~ba201.54orig) • Zoning Board of Adjustment City of West University Place, Texas ("City") DECISION TO GRANT A VARIANCE Address of site: 3023 GEORGETOWN ' Legal description of the site: LOT 12, BLOCK 6, RICE COURT ADDITION Building Permi[ No: N/A Pern~ittee/Applicarrt: DAVID & RUTH NETSCHER Decision orAction Requested orProposed: A REQUEST FOR VARIANCE TO ALLOW A FRONT SETBACK TO ENCROACH 1.9' INTO THE REQUIRED 20' SETBACK AREA. Notice, Hearing, Findings, Vote: ( X) Required notice given by ( X) Hearing held on: ~RIL ( X) Required statutory findings made (variance is not contrary to public interest;due to special conditions a literal enforcement of the ordinance would result in unnecessary hardship;spirit of the ordinance is observed; substantial justice is done.) ( ) Additional findings (if any): N/A u O The vote: BILLINGS, MINOR, PORRETTO, MASERA, HANSEN _ for, NONE against. Decision of the Zoning Board of Adjustment (subject to all applicable appeals): Under and subject to the City's Zoning Ordinance and applicable law, a variance from Section 7-100, ARTICLE 7(E) (1) (i) of the Zoning Ordinance is granted to the permittee/applicant named above for the site identified above, subject to the following conditions (if any): THE VARIANCE IS GRANTED TO ALLOW THE STRUCTURE TO REMAIN 1.9 FEET IN FRONT OF THE SETBACK LINE WITH THE CONDITION THAT THE VARIANCE SHALL ONLY APPLY TO THIS HOUSE & IF IT WERE REMOVED THE APPLICABLE FRONT SETBACK LINE WILL APPLY. This vaziance is for an indefinite period unless a temporary period is indicated above. This variance remains subject to the regulatory jurisdiction of the Ciry, and it does not grant any property right or vested right of any kind. Effective Date & Appeals: 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 ing rdinance and Chapter 211, Tex. Local Government Code. Under Chapter 211, petitions for judicial r' m t be prese ed within 10 days after the date t~ decision is filed in the Board's office. ~. By. A ttest: Ch man, For t e oning B ard of Adjustment ~File in the Board's o fice on APRIL 1 , 19 95 , and copies maiJed (see mailing list attached) on f r~~~ • 19~ BY~ „~~,~, POSTING (MUNICIPAL BUILDING & PROPERTY),MAIL(PROPERTY OWNERS) 20, 1995 C~ • • ~ • r~ u • . Form No. 3 ZONING B~A~ OF ADJUSTMENT CITY OF WES~T UNIVERSITY PLACE, TEXAS ~ DECISION 2924 Jarrard Reference: Lot 15, Lot 9 Rice Court Addition Appeal No.: 91-26 Dated: 12/3/91 Hearing Held On Thursday, December 19, 1991 1. INTERPRETATION: "Decision of the Zoning Board of Adjustment" • The request to allow garage to encroach 2' into the required setback--easement area is granted. Motion made by Frank Billings, seconded by John Pickul. Motion carried. Unless otherwise stated, any authorization by the Board of Adjustment for a special exception, variance or conditional use shall expire if the applicant fails to obtain a permit within 90 days from the date of authorization of such special exception, variance or conditional use. ~ (Date) ~~ /~ ~ ~_,. cc: Building Inspector City of West University Place Zoning Board of Ad~ustment ~ ~.. Susan Thorn Secretary ~ • •- • ~rm ZBA-202(04c:1wp51~£ormslzbe202.54ori~ Zoning Board of Adjustment City of West YJniversiry place, Texas ("City") DECISION 'PO DENY A VARXANCE ~(94-15 Address o si1C: 5712 Kirby Dr. Lega1 descriptio-t of the sile: Lots 25, 26 & 27 Block 5, Tangley Terrace Addition BurldingPerniit No: N/A Perniillee/AppNccatt: 5650 Kirby Partnership Decision orAc~ioir r2equesteci orProposed: A request for •a variance ~o allow a~3tio cover to be constructed in the thirty foot'front setback area. No~iee, ~Iearing, Findi~~gs, Vote: MAIL (Property.Owners) PUBLISHING (Houston Chronicle) ~g~ 1ZequiiCd notice given by: POSTING (~Iunicipal Bui~ding) ( X) Hearing held on: ~~r~her 20. 1~94 .... .. (g) ThC VOte: Ri l lings. Peterson, Huber, Minox,: for Hansen & Snell did not vote. Decrsion of !he Zanirrg Boarrl of Adjusimerrt (sabjecl !o all c~p/icable qppeals): Under and subject to the City's Zoning Ordinance and applicable law, the varianco from Section 8-100, _ Commercial District ~~~ s; rP .; re~ (1) and (i) of the Zoning Ordinance is DENIEb. ~r~Irngs a~ rndividual requined~ndings (optronal; a request for Ihese rndividua! rulings »rust be timely mcrde): (1) Regui~d ~ird~ng: "variance ts not conNary~to public interest.u () This fnding could bo made. () This finding is impossible. (x) Unpersuasive proof. () Variance would be contrary to the public interest. ( ) Qther: (2) Required Finding: "due to special conditions a literal Bnforcement of the ordinance would result in unnecessary hardship." () Positive finding cauld 6e made. () Positive finding is impossible. () Unpersuasive proof. () No "special condition" proved. (x ) No hardship proved. ( } pthor: (3) Requir~d Finding: "spirit of the ordinance is observed." () Positivo finding cauld be made. () positive finding is impossible. ( X) Unpersuasive proof. () Variance would not observe the spirit of the ordinance. () Other: (4) Reguir~d h~nding: "substantial justice is done." () Positive finding could be made. () Positive linding is impossible. (~ Unpersuasive proof. () Substantial justice would not be done if the variance were granted. () Variance would have adverse impact on others. ( ) Other: • (5) O~herRegui-~d Ftinding (1'f AnyJ: EfJective Date d Appeals: 7~is decision takes effect on the date it is filed in the $oard's o~ce (c/o Secretary of the Zoning Board of Adjustment~ 3800 Universiry Boulevard, Houston~ Texas 77005), unless otherwise indicated above. Any appeals af this decision are subject to and govemed by applicable ordinances and laws, including: thc oning Ordinance and Chapter 211, Tez, Lbcal Govemment Code. Under Chapter 211, petitions ~r judicia] r vi w must be presented within 10 days after the date this decision is filed in the ~oard's office. . ' By: A ttes~: Chair an, For Zont Board of Adjustment Fi1ed in the Board's ojJice nrr _ ,!9 , crnd copies maiJed (see m lisr at~aclzedJ on , 19__, By: . , ~ .~t~ I ~ ~ Recyeled Paper ~vs~~s~s City of ~est University P1ace A Neighborhood City ZONING BOARD OF ADJUSTMENT City of West University Place, Texas ("City") DECISION TO GRANT A VAR~ANCE Address ofSite: 5600 Kirby Drive Docket Number: O1-10 Ol/07/02 ~01698213 V5E1676 f13.00 Lega! Descriptio~: of Site: Tract "A", Block 2 of Quenby Court, Volume 22, Page 37, H.C.M.R. and all of Lots 7, 8, & 9, Block 4, of Evanston, a subdivision in Harris County, Texas. According to the map or plat thereof recorded in Volume 15, Page 50, of the map records of Harris County, Texas. Permittee/Applicant: Robert L. Deering for 5650 Kirby Par.tnership, A Texas General Partnership by: Deerco, A Texas General Partnership, a General Partner by: Jambs Property Management, inc., a Texas Corporation, and A General Partner ~ Decision orAction Requested orProposed: Request for a Variance regarding Zoning Ordinance Section 10-100, Off Street Parking, Article 10 Parking Areas, Driveways and Loading Areas. This request for a Variance is to allow ~ applicant to construct improvements in it's Shopping Center and the issuance of a certifcate of occupancy for a 'P~ restaurant use of 3,000 square feet of space and to further allow the future completion of improvements of an ~ additional space of approximately 500 square feet for a non-restaurant use and the issuance of a certificate of I occupancy for such space upon its completion. ~ Notice, Hearing, Fi»dings, Yote: ~ ~ ( X) Required Notice given by: M~il and on-site posting in accurdance with Article l 1 by Sallye A. Clark, ~ Planning & Development Assistant, City of West University Place. ( X) Hearing held on: October ] 8, 2001 ~ ( X) Required statutory findings made: Variance is not contrary to public interest; literAl enforcement of the ordinance would result in unnecessary hardship; spirit of the ordinance is observed; substantial justice is done. ~ . ( X ) Additional Findings: None ( X) The vote: Mark Plagens, Michael Neal, John Rentz, Jeat~n Howse and Steven Segs~l voted to grant the variance, and no one opposed. Decision ojthe Zo-ring Board ofAdjustrnent (subject lo all applicable appea/s): Under and subject to the City's Zoning Ordinance and applicable law, a variance from Article 10, Parking Areas, Driveways and Loading Areas. Section 10-100, Off Street PA: ki~g, of the Zoaing Ordinance is grpnted to the applicant named above subject to the following conditions: .;~ti The variance is granted for the overail reduction of minimum off street parking to 119 spaces based on current ='` tenant mix and the proposed 3,000 squAre foot restaurant and the 500 square foot retail space, provided that the seven trees going along Kirby Drive as per attached survey are maintained And in the event of loss are replaced with qualifed trees of equal amount of tree inches. 2. The applicant must record this decision in the Real Property Records of Harris County, Texas. The decision will go into effect once the decision is recorded and a certitied copy is returned to the Board's Office (c/o Secretary of the Zoning Board of Adjustment, 3826 Amherst, Houston, Texas 77005), City of West University Place. This variance is for an indefinite period, unless a temporary period is indicated above. This variance remains subject to the regulatory jurisdiction of the City and it does not grant any property right or vested right of any kind. :• 3800 University Boulevard • West University Place, Texas 77005-2899 • 713•668•4441 • www.westu.org ANY PROVISIONS HEREIN WHICH RESTRICT THE SALE, RENTAL OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER THE FEDERAL LAW. • A CERTIFIED COPY AITEST: J A nI O~~11~ , BEVERLY B. KALTFMAN, County Clerk Harris County, Texas ~~e ~ ~ Deluty SONG TRAfV Page 2 ZBA Decision, Docket 01-10 • E./fective Date & Appeals: The decision takes effect as 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. 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. By: ~ ~ . Attest: ~ ~ Pr siding O~cer, Zoning Bo d of djustment ' Staff Represent t e, City of West University Place State of Te (1~ County of ~_ ~ `~'~~ ~~ ` date b Steven Se al 4~ This instrument was acknowledged before me on ( ) y g, ~1 Presiding Officer for the Zoning Board of Adjustment. ~ \J~ `` ~` ' ` JOSIE MARIE OROSCO ~~ Notary Public's Signature • • MV COMMISSION EXPIRES (Personalized Seal) JUNE 22, zoos ~ Filed in the Board's office and original forwarded to applicant for recording on ~ ~ r ~, by: Sallye A. Clark, Planning an~Deve~ m~ t ~~ant. ~~ xp~r ~~ 1 ~jf~ p~,,U (O ~ ~ ~ ~-~CJ V After Recording Return to: Michael R. Winkler Campbell & Riggs, P.C. 1980 Post Oak Blvd., Suite 2300 Houston, Texas 77056-3810 • ANY PROV[SIONS HEREIN WHICH RESTRICT THE SALE, RENTAL OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UIVDER THE FEDERAL LAW. • A CER'TIFIED COPY ATTEST: I n RI O 9 Z~JUL BEVERLY B. KAUFMAN, County Clerk Harris County, Texas ~~d~ Deputy SONG TRAN • ~ ~ !~ ~ ~ I ~I~ 41 • s ~o ~ U ' ~ Wp~~ yQ~~~j ~'" ~ ~ ~ ~ ZaW'~C)~~ .OpxQ ~~=--aVe a ~ Z ~ ~ ~ O~CV~~m~ W ~Q~~,s ~ ~ ~ H J ~ ~ ~ m 0 ~. ~ ~ ~ W W ~ ~L1.1~=~Q ~ ~ ~ ~ U O N ~y,1 'Y L?~m0=, ANY PROVISIONS HEREIN WHICH RESTRICT THE SALE, RENTAL OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER THE FEDERAL LAW. A CERTIFIED COPY A~ST: OO BEVERLY B. I LJFMAN, County Clerk Harris County, Texas v ~~~ Deputy ~ a • • • ~ ' • • ~ ~~ ~ ~ ~Iq 4i! ~ ~ Lf) ~ C~ ~ AN- -ROV~pA IIEAEN WNIGI AEiiAIC15 iNE SAIE. RENTAI, OR USE OF IXE DESLRIBED REAI IAOiEAfl BECAUSF Of COlOA OA AACE 6 NYUG AND UNENFOR6EAllF UMDEA FECEAAI lAW THE STATE OF 1EXNS COUNTY OF FWiRIS ~ h.ee~ eMl~ h11+iuYU+r+.r rlEO ~ Fi wiar sequece m h e~oe ne ~t h ~ne drpN Wwi a ~e: dw~ MI~ AEOOMFD. Y Ft Od REk Rxab dAW PmPry dlMi fah,Tsa JAN - 7 2002 ~ ~~~~{~~~~~ COUNTY CLERK * HARRIS COUNTY, TEXAS ANY PROVISIONS HEREIN WHICH RESTRICT THE SALE, RENTAL OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS 1NVALID AND UNENFORCEABLE UNDER THE FEDERAL LAW. A CERTIFIED COPY A~T: JAN ~ 9 2002 BEVERLY B. KAUFMAN, County Clerk Harris County, Texas ~~'~'~ Deputy SONG TRAN Zoning Board of Adjustment Ciry of West University Place, Texas ("City") ~ DECISION TO GRAIYT A VARIANCE Address of Site: 5500 Kirby Drive, West University Place, Texas Legal description of t1~e Site: Tract 1: Lots 19, 20, 21, 16 and the west 20' of lot 17 Tract 2: East 40' of Lot 17 and Lot 18 All in Block 3, Evanston Addition, City of West University Place, Harris County, Texas Bui[ding Permit No: Permittee/Applicai:l: Bank of Tanglewood & Bettye Lowe Decision or Action Requested or Proposed: Grant a variance from Section 5-100 (a) (1) and 5-100 (a) (4) of the City's Zoning Ordinance to allow Tract 1 and Tract 2 to be treated as a single "building site" upon which a structure could be built. Notice, Hearing, Findings, Vote: (X) Required notice given by: Neslihan Bilir Tesno, Interim Building Official (X) Hearing held on: May, 20, 1999 (X) Required statutory findings made (variance is not contrary to public interest; due to special conditions a literal enforcement of the ordinance would result in unnecessary hardship; spirit of the ordinance is ol~served; substantial justice is done.) . ( ) Additional findings (if any): (X) The vote: Sue Porretto, Michael Neal, Mark Plagens, David Mannon and Steve Segal for, no one against. Decisioit of tlte Zoning Board ojAdjustment (subject to all applicable appea/s): Under and subject to the City's Zoning Ordinance and applicable law, a variance from Section 5-]00 la) (11 and 5-100 (a) (4~ of the Zoning Ordinanceis granted to the permittee/applicant named above for the purpose and site identified above, subject to the following conditions (if any): The owner of Tract 1 must keep the current lease in effect for Tract 2 and must otherwise maintain effective control over all structures, pazking, maintenance and operations on Tract 2. If the lease expires or is terminated (other than by exercise of a purchase option by the owner of Tract 1), or if such effective control is lost, any buildings, pazking areas and other structures on Tract 1 or Tract 2 must be modified (or removed) so that bot Tract 1& Tract 2(and all structures on them) comply with the Zoning Ordinance as separate, "standalone" building sites. Such modification or removal must be completed within 180 days following expiration or termination of the lease, or loss of effective control, as the case may be. Note: 'il~is condition is not intended to forbid or pre judge subsequent applications for special exceptions or other relief which may help to achieve such compliance. This variance is for an indefinite period unless a temporary period is indicated above. This variance remains subject to the regulatory jurisdiction of the City, and if does not grant any property right or vested right of any kind. Effective Date & Appeals: This decision takes effect on the date it filed in the Board's office (c/o Secretary of the Zoning Board of Adjustinent, 3800 university Boulevazd, Houston, Texas 77005), un(ess otherwise indicated above. Any appeals of this decision are subject to and governed by applicabte ordinances and laws, including: the Zoning Ordinance and Chapter 211, Tex. Local Government Code. Under Chapter 211, petitions for judicia( review must be presented within 10 days after the date this decision is f led in the Board's office. By: ~L~C.~ ~ ~''~/1~Yi(~' Attest: ~ . Chai an, For the Zoning Board of Adjustment .led in the Board's o~ce on ~Jl. 1 b , 19 `~ , and copies mailed (see mailing [ist attached) on ~ ,9 Rq . s,~: - `l~'l,D~t~`~ c~ Fam ZBA-203, &2494(04c:1wpS1U'o~ms~zba203.54) Zoning Board of Adjustment Ciry of West University Place, Texas ("City") • DECISION TO GRANT A SPECIAL EXCEPTION Add~ss of sile: 5914 Kirby Drive 96-13 Legal description of the site: Lot 9, Block 9, Preston Place Addition BuildingPermitNo: 9700382 Perntittee/Applicant: The Princeton Group, Inc. Decision orAclion Requested orProposed: A request for Special Exception for a common wall between two townhomes. Notice, Hearing, Findings, Yote: (X~ Required notice given by: POSTING (MUNICIPAL BLDu. & PROPERTY) MAIL (PROPERTY OWNERS) (x ) Required determinations have been made by the ZBA with respect to the special exception as granted below (proposed special exception will not cause any significant increase in on-street parking; proposed special exception will not cause any substantial traffic congestion; proposed special exception will not cause any substantial increase in traffic; proposed special exception will not cause an unreasonable burden upon utility systems or upon any other public facility or public service.) (g ) Additional findings (if any): N/A (X ) Hearing held on: DECEIKBER 19, 1996 (X ) The vote: MINOR, BILLINGS , PORRETTO & for, NONE against granting. NEAL Decision of the Zoning Boand of Adjustment (subjecl to al/ cy~plicable crppealsJ: Under and subject to the City's ~ Zoning Ordinance and applicable law, a special exception for a COMMON WALL as specifically allowed by Section 7-101 of the Zoning Ordinance, is granted: (i) to the permittee/applicant named above, (ii) for the site identified above, and (iii) subject to the following conditions (if any): THE SPECIAL EXCEPTION IS GRANTED TO ALLOW TO TOWNHOMES TO HAVE A COMMON WALL, BUT THE REQUEST FOR VARIANCE TO ALLOW A TWO HOUR RATED ~'IRE WALL INS~EAD OF A FOUR HOUR RATED FIRE WALL AS REQUIRED IN TABLE 7-2 OF ZONING ORDINANCE 1493. This special exception is for an indefinite period unless a temporary period is indicated above. This special exception remains subject to the re~ulatory jurisdiction of the City, and it does not grant any property right or vested right of any kind. Effective Da1e & Appeals: This decision takes effect on the date it is filed in the Board's office (c% 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~~nc~~pter 211, Tex. Local Government Code. Under Chapter 211, petitions for judicial review must be presented -~f` x0 days after the date this decision is filed in the Board's office. . ~• A llest: C airman, Fo e Zoning oard of Adjustment Filed in the Bourr~'s fJice on ~ , 19 ~~, and copies mailed (see mailing list attached) on 02- , 19 , By: Form ZBA-203, 8-2494(04c:\wp5l~f'omis~zba203.54) Zoning Board of Adjustment City of West University Place, Texas ("City") • DECiSION TO GRANT A SPECIAL EXCEP'TION A ddress of site: 6012 KIRBY Legal descriplion of the site: LOT 6, BLOCK 5, VIRGINA COURT ADDITION Building Pern:it No: N/A Perniitlee/Applicant: WILLIAM BLUM/PRINCETON GROUP, INC. Decision orAction Requested orProposed.~ TO BUILD TWO SINGLE FAMILY TOWNHOMES WITH ONE ZERO WIDTH SIDE YARD ATTACHED BY A COMMON WALL. Notice, Hearing, Findings, Vote: (X ~ Required notice given by: POSTING(Municinal Building & Pronert,~ ATT ~PrnnPrt. mPrS~ (x ) Required determinations have been made by the ZBA with respect to the special exception as granted below (proposed special exception will not cause any significant increase in on-street parking; proposed special exception will not cause any substantial traffic congestion; proposed special exception will not cause any substantial increase in traffic; proposed special exception will not cause an unreasonable burden upon utility systems or upon any other public facility or public service.) ( ) Additional findings (if any): (X ~ Hearing held on: Thursday, November 16. 1995 (X ~ The vote:BillinQS,Minor,Porretto,Neal,Selig for None against granting. Decision of the Zoning Boara- of A djustment (subject to all applicable appeals): Under and subj ect to the City's Zoning Ordinance and applicable law, a special exception for azero-lot line att?rhed by a ~ommon w~ll, • as specifically allowed by Section 7-2Note 4 of the Zoning Ordinance, is granted: (i) to the permittee/applicant named above, (ii) for the site identified above, and (iii) subject to the following conditions (if any): Conditioned upon the construction and maintenance of a common wall or continuously-abutting separate walls (in either case with a four-hour fire rating or better) along the property line. This special exception is for an indefinite period unless a temporary period is indicated above. This special exception remains subject to the regulatory jurisdiction of the City, and it does not grant any property right or vested right of any kind. Effective Date & Appeals: This decision takes effect on the date it is filed in the Board's office (c% 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 C~iapter 211, Tex. Local Government Code. Under Chapter 211, petitions for judicial review must be presented wit~ 10 days after the date this decision is filed in the Board's office. ~ A ltest: . ,(7 -~ • g Board of Adjustment Filed in the Boarr~'s oJfice on ~ , 19 ~~ , c~rd copies mailed (see mailing list attached) on , 19 , By: , ~ Zoning Board of Adjustment • City of West University Place, Texas ("City") DECISION TO DENY A VARIANCE Address of site: 5324-5320 Kirby Appeal No: 95-04 Legad description of the site: Lots 8, 9,10, Block 1, Krenzler Court Addition BuildingPermitNo: N~A Permittee/Applicant: stewart Baker Decision or Action Requesied or Proposed.' Request was for interpretation of the f indings of the Building Official concerning his determination of Ordinance 1493, Appendix A Zoning Ordinance, Article 8, Additional Regulations, Section 8-103, Transition Features. Notice, Hearing, Findings, Vote: Property & ( X~ Required notice given by:POSTZNG~Municipal Building) , MAIL(Property Owners) ( x) Hearing held on: May 18. 1995 ( X~ The vote: Billings, Masera, Peterson & Snell for ~ Hansen against. Decision of the Zoning Board of Adjustment (optional: a request for these individuad rulings must be timely made): (1) Required Finding: "variance is not contrary to public interest." (x)This finding could be made. () This finding is impossible. () Unpersuasive proof. () Variance would be contrary to the public interest. () Other: (2) Required Finding: "due to special conditions a literal enforcement of the ordinance would result in unnecessary hardship." () Positive finding could be • made. () Positive finding is impossible. () Unpersuasive proof. () No "special condition" proved. (~ ) No hardship proved. () Other: (3) Required Findings: "spirit of the ordinance is observed." () Positive finding could bee made. () Positive finding is impossible. (g)Unpersuasive~oof. () Variance would not observe the spirit of the ordinance. () Other: (4) Required Findings: "substantial justice is done." () Positive finding could be made. () Positive finding is impossible, (X) Unpersuasive proof. () Substantial- justice would not be done if the variance were granted. () Variance would have adverse impact on others. () Other: (5) Other Required Finding (If.Any): with exception the boards of the fence do not have to face the residential side unless the residential fence is removed. If this occurs, the commercial fence will be finished on residential side. Effective Date & Appeals: 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 G'vernment Code. Under Chapter 211, petitions for judicial review must be presented v,~~ ' af~er the date this decision is filed in the Board's office. By: ` ~% f ,jr~w~ Attest:~ ~~U~~Q.,l~ ) '~ ~h irman, For Zoning B ard of Adjustment Filed the Board's ce on a ~ , 19 Q,~and copies mailed (see mailing • attached) on , 19 , By: •- ZBA 95-04 • Staff Recommendations Re: Lots 8, 9, 10, Block 1, Krenzler Court, Locally known as 5314-5320 Kirby This is a request for an interpretation of the findings of the Chief Building Official concerning his determination of Ordinance 1493, Appendix A Zoning Ordinance, Article 8. Additional Regulations, Section 8-103. Transition Features: (a) When Required. Each building site must have the transition features required by this section if it lies directly across the street from, or within 20 feet of, another building site restricted by this ordinance to a use less intensive than the actual use of the first building site. Intensities of uses are ranked in the following order, beginning with the least intensive use: (1) single-family (detached) use, (2) single-family (attached) use, (3) other residential use, (4) any other use. (b) Fence Or Wall. If ttie building site lies within 20 feet of the less-intensive use, there must be an opaque fence or wall eight feet in height sepazating the more-intensive activities on the building site from the less-intensive use. The side of the fence or wall facing the less-intensive use must be finished. The west property line for the commercial property (most intensive use) located at 5314-5328 Kirby abuts the east property line of the residential property (least intensive use) at 2616-2620 Albans on the south and 2617 • Wroxton on the north. At one time a Transition Feature, an opaque fence, was on the commercial property site at 5314-5328 Kirby. After the fence started coming apart, it was removed by the owner of the commercial property Mr. Stewart Baker. A homeowner of property located to the west of the strip center asked the Chief Building Official, Dennis D. Holm, Sr., if a Transition Feature, such as a fence, between the most intensive commercial property use, owned by Mr. Baker, and the least intensive single-family (detached) use was required to be constructed on the commercial property. As determined from the Zoning Ordinance the commercial property is to provide the Transition Feature. The Chief Building Official and Mr. Baker discussed the Transition Feature question at length. The least intensive single-family use property owners have a fence on their property; therefore, Mr. Baker contends, since a fence is there, Mr. Baker does not need to construct a Fence Or Wall as called for by this ordinance. It is the determination of the Chief Building Official, Section 8-103 of the Zoning Ordinance requires a Transition Feature on the building site of the strip center, the more intensive use, located at 5314-5328 Kirby, even if the less intensive use property has a fence. Respectfully submitted, ~ ~ Dennis D. Holm, Sr., Chi f Building Official ~ ~ • Edwazd Menville, Director of Public Works ike Tann , City Manager Form ZBA-201(04c:\wp51\forms~zba201.54orig) Zoning Board of Adjustment • City of West University Place, Texas ("City") DECISION TO GRANT A VAWANCE 94-08,J Ad r~ess o~ site: 5404 Kirby Legal description of the site: Tract 4A, Abstract 61, AC Reynolds Survey BuiJding Permit No: N/A Permittee/Applicarrt: Frank B. Campisi Decision orAction Requested orProposed: A request for a variance for a building site less than required by the Zoning Ordinance for a minimum building site width of 75'. Notice, Hearing, Findings, Vote: MAIL (Property Owners, PUBLISHING (Houston Chronicle) , (X ) Required notice given by:POSTING (Municipal Building (X ) Hearing held on: .7une 16, 1994 • (X ) Required statutory findings made (variance is not contrary to public interest;due to special conditions a literal enforcement of the ordinance would result in unnecessary hardship;spirit of the ordinance is observed; substantial justice is done.) ( ) Additional findings (if any): N/A (X ~ The vote:Minor, Billings. Porretto. Snell, Masera, fOr, None against. Morley. Decision of the Zoning Board of Adjusmrent (subject to all applicable appeals): Under and subject to the City's Zoning Ordinance and applicable law, a variance from Section $_l00 Commercial district (C) ,(4) ,(ii) of the Zoning Ordinance is granted to the permittee/applicant named above for the site identi~ed above, subject to the following conditions (if any): The variance is granted to allow a building to be on the site that is 71.2' instead of the required 75'. This variance is for an indefnite period unless a temporary period is indicated above. This variance remains subject to the regulatory jurisdiction of the City, and it does not grant any property right or vested right of any kind. Effective Date & Appeals: 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 Z ng Ordinance and Chapter 211, Tex. Local Government Code. Under Chapter 211, petitions for judicial re r~er~ted within 10 days after the date this decision is filed in the Board's office. ay For~i'e ~onin~ Bo •F'iled in lhe Board's o.ffice on _ , 19 , By: ~ o ~ A ttest: of Adjustment _ , 19 , and copies mailed (see mailing list attached) on '' -""'-" "" "" JUN-20-' 94 13: 23 I D' TEL h!0 : 7138 ' 417 . ~ Form ZBA-202(04c:1wp511formslzba202.54ori~ • Zaning Board of Adjustmgnt Ciiy of West Clniversity Place, Texas ("Ciry") (94-08) Ad'drnss of sice: 5404 Kirby bECISI01~i TO DEIYY A VARIANCE ._ tt 5 P02 Legu1 descriplion of the sile: Tract 4A, Abstract 61, AC Reynolds Survey BuildingPerntitNo: N/A Pernirtree/i9ppliccatl: Frank B. Campisi Decision orAcrion Requested orP,pposed: A request for a variance for a primary building to be less than the 1400 square footage for minimum square footage of a primary building. NoliCe, Hearin~, ~'iltd7ltgs, Vote: ~IL (Property Owners) , PUBLISHING (Houston Chronicle) ~X } ~tequired notice given by:POSTING (Municipal BuildinQ) . ~ (X ) Hearing held on: June 16, 1994 (x ~ Th8 VOte:Minor, Billings, Morley, Masera for, *Snell and Porretto did not av,p,~~st. ~SA .Uecision of Ihe Zoning Boand af Adja~stment (subject to all ag~plicable qppeals): Under and subject to the City's Zoning Ordinance and applicable law, the varianco from Section 8-100 Commercial District (c) ,(e) ,(2) of the Zaning brdinance is DEI~1T~p. Rt~lings an indrvidual required findings (aptioaal,• a requesl for these individaal rulings must be timely made): • (1) Requir~ed Fi~ding: "variance is not contrary to public interest." () This finding could ba made. () This finding is impossible_ ~ Unpersuasive prpof. () Variance would be contrary to the public interest. ( ) 4ther: {2) Required Findi~~g: "duc to special conditions a literal Bnforcement of the ardinance would result in unnecessary hardship." () Positiv~e finding could be made. (} Positive finding is impossible. () Unpersuasive proof, ~ No "special condition" proved. ~ Na hardship proved. ( ) pther: (3) Reguired Flrhding: "spirit of the ordinance is abserved." (} positive finding could be made. () Posit~ive finding is impossible. (~ Unpsrsuasive proof. () Variance would not observe the spirit of the ordinance. () Other: (4} Reguired F~nding: "substantia! justice is done." () Positive finding cauld be made. () Posifive finding is impossible. Sj4} YJnpersuasive proof. () Substantial justice vvould not be done if the variance were granted. () Variance wauld have adverse impact on others. ( ) Other: (5) 01herRequ~r~d Flrndrng (1'JAny): EfJective Date d'r ,4ppeals: y'his decision takes effect on the date it is filed in the $oard's o~ce (c% Secretary of the Zoning ~oard of Adjusrment, 3840 University Boulevard, Houston, Texas 77005), unless othcrwise indicated above. Any appeals of this decision are subject to and gaverned by applicable ordinances and laws, including: the ~oning 4rdinance and Chapter 211, Tex, Loca1 Government Code. Under Chapter 211, petitions for judicial i w must be ~resented within 10 days ~fter the date this decision is filed in the Board's affice_ ~y: / / Ch ~rman, Fo ~ th Zonin~ Filed in the Boarris fJ'ice orr of Adjustment , 19 ~ By: A tiest: _ D ~~~ 19 , crond capies mailed (see mcr~tJi t attached) on ~ '"""" "" JUN-20-' 94 13: 24 I TEL N0: 713~417 t#105 P03 N4mt 'LtlA-2W (U4C:1wpy 1ltbcroslzbaZU4. S Zoning Board of Adjustment City of West YJ'niversity Place, Texas ("City") (94-os) DEC~SION TO DENY A SPECIAL EXCE~TIQN .4ddress oJsr~e: 5404 Kirby Legal desCriptio~ of !h¢ site: Tract 4A, Abstract 61, AC Reynolds Survey B,~ilding Permit No: N/A Pennit~ee/Applicant: Frank B. Campisi 17ecision orAction Requested orPrr,posed.' A special exception for medium commercial use (a drive thru restaurant). NOl1Ce, Hearing, Findings, YOIe: ~IL (Property Owners) , PUBLISHING (Houston Chronicle) , (g ~ Required notice given by:gQ~gTING (Municinal B~~lding) . (X ) Hearing beld on: June 16, 1994 (X ~ Tlle VOtB:Minor, Billings, Morley, Masera~*Snell, Porretto. None against. Decisio~ of the ZoningBoarzf o,f'Adjus[mer,t (subject to u11 applicable appeals): ~nder and subject to the City's Zoning Ordinance and applicable law, the special exception requested under Section 8-100 Commercial district, (c) ,(B) ,(5) of the Zoning Ordinance is DENIED. Rulings on individual t~egui-~ed de~erminations (oprrorral; a requesR for these -ulings must be timely made): (I ) Reyuired Deternrination: "propased special exceptian will not cause an~r signi~cant increase in on- street parking." () This determination could be made. (} This determination is imposs;ble. () Unpersuasive proa£ (X ) Increase in on-street parking would be probable. ( ) Other: (2) ltegurred Determina~io~~; "proposed special excsption will not casue any substanrial traffic • congestion." () This determination could be made. () This determination is impossible. (} Unpersuasive proof. (x ) Substantial traffc congestion would be probable. Other: (3) I~equi~d Detern~rnarion: "proposed special oxception will not causo any su6stantial increase in traffic." () This determination could be made. () This datermination is impossible. () YJ~npersuasive proof. (xj Substantia) incressa would probsbly occur. { ) Other: (4) l~eqr~ir~ed Delerniraario~: "proposed speci~l exception wil! not cause an unreasanable burden upon utility systems or upon any ather public faciliry or public service." () This determination could be made. () This determination is impossible. (X ) Unpersuasive prnaf. () An unreasonable burden on would probably occur. ( ) pther: (5) Required Determination; "proposed special exception ~will be in harmony with the general purpose and intent. of this ordinance." () This determin~tion is impossible. () Unpersuasivo proof. ( x) Special exception would not harmonize with Required statutory findings. ( ) Other: (6) AtherRequired laererm inatroris (If cmy): Effective Dcrte dc Appeals: This decision takes effect on the date it is filed in the Board's office (c% Secretary of the Zoning ~oard af Adjustment, 3800 University Baulevard, Houston, Texas 77005), unless othervcrise indicated above. Any appeals of this decision are subject to and governed by applicable ordinances snd laws, including: the Zoning Ordinance and Chapter 211, Tex, Local Government Code. Under Chapter 211, petitions for judicial review must be ~esented w' a'n 10 after the date this decision is filed in the Board's office. ' . ~Y~ ~~'r/4~~ Altest: Cha~rman, For the oning Bo rd of Adjustment Filed in the Boar~'s vi ce on _, !9 , and copies mcriled (see mailirr is a~tached) on 19 , BY~ _. . '"' "''' JUN-29-' 94 13: 25 I D' ~ TEL N0:713 417 #105 P04 Form Z$A-205(04c:1wp511formslzba205.54orig) • Zoning $oard of Adjustment City of'Westi Univ~rsity Place, T6xas ("City") DEC.ISION INTERPRETiNG ZONING QRDINANC~ (94-08) ft ddn;sS of sit~: 5404 Kirby Legal desCrip/iorr ojthe site: Tract 4A, Abstract 61, AC Reynolds Survey 8uilding Permit No: N/A Pe-mittee/.4 ppliccmt: Frank B. Campisi 0~linance Rejerence: 8-100 Commercial district, (C) ,(e) ,(6) frontage Buildirtg ~fficlal's Decision/Aclio~ (if any): The City opposes the request to grant a variance to allow an entrance off a residential street, in addition to the allowed entrance on Kirby. Nd1iCe, .~epJ7qg, Findings, ~dte.• ~IL (Property Owners) , PUBLISHING (Houston Chronicle) (~ Notic~ (if an~+) given by. •~,~i B, „L' 1 di~g~ ' (~ ) ~Tearing (if any) held on: June 16, 1994 ~~ The vOtB Minor, Billings, Masera, Morley ~* Porretto, Snell. None againSt. Decision af t7he Zo~i~ oa~~ai af Adjuslment (sribject to a11 applfcable a~peal~J:~ ~ • /~c. .w-~cy .c~ k ~ -<~~~ ~~~'~' r ~ j~4w~~~\ ~ (Oprional) Reaso~ing/Commnel: r- Disposition oJBuilding Offrcial's Decision (af cmy): Affirmed ( ) Reversed (~ Modified: EfJec~ive Uate dr Appeals: 7'1~is decision takes effect on the date it is filed in the Board's office (c% Secretary of the ~oning Baard of Adjustment, 3800 University Boulevard, Houston, Texas 77005), unless otherwise indicated above. Any appeals of this decision are subject to and governed by applicabla ordinances and laws, inctuding: th oning Ordinance and Chapter 2] 1, Tex. Local Governrnent Code. Under Chapter 2)1, petitions for judicial i8w must be resented within 10 days after the dato this decision is filed in the Board's af~ce. ` e BY= A uest: ~ h irman, Fo t e Zoning ~o rd of Adjustment Filed i~ 1he Boanl's off~ce on , 19~, und copies mailed (see mcriling list attached) on , „ , 19 _,13y: ZONING BOARD OF ADJUSTMENT . CITY OF WEST UNIVERSITY PLACE, TEXAS r~ ~J - DECISION Reference: 5300 Kirby Drive Krenzler Acreage Appeal No.:87-12 Kayo Oil Co. Dated: October 19,. 1987 Hearing Held On November 19, 1987 1. INTERPRETATION: "Decision of the Zoning Board of Adjustment" • Motion was made b'y Robert Heaton to allow two (2) lighted pylnn s.igns, not to exceed 110 sq. ft., each completely within property lines. Also a maximum of four (4) facia-type signs, none of which should exceed 20 sq. ft., for a total amount of 75 sq. ft. on facia-type signs, with an equal amount of square footage (75 sq. ft.) of landscaping to be put on the premises. Motion was seconded by John Pickul. Aye - All No - None Unless otherwise stated, any authorization by the Board of Adjustment for a special exception, variance or conditional use shall expire if the applicant fails to obtain a permit within 90 days from the date of authorization of such special exception, variance or conditional use. ' ~ City of West University Place Zoning Board of Adjustment . ~t~a~..~.~i~~~ J~k..-~- Di.ana Wright Secretary ~ ~ (Date) cc: Building Inspector • ~ ~ ~ ~ City of ~est Uni~ersity P1ace ~ A Neighborhood City ~ Recycled Paper i~ ~• 09/Ol /0S 300686887~ ~ ~~ rm ZON-203 dec granting special exception, 12-04 ~ Zoning Board of Adjustment ~ City of West University Place, Texas ("City") r / Docket No. OS-11 v DECISION GRANTING A SPECIAL EXCEPTION Addressofbuildi~:gsite: 6026 Lake Street, West University Place, Texas 77005 $28.00 Legal descriptioi: of tlie buildi~zg site Lot 14, in block 4 of. Virginia Court, a subdivision in Harris County, Texas, according to the map or plat thereof, recorded in Volume 572, Page 361 of the deed records of Harris County, Texas. , ~ Applicant: John and Greta Rytlewski C~~-- Decisioi: orActio~: Reqcrested: Applicant requests a special exception to allow the addition of an attached, open breezeway-style covered parking area/rear house entrance to be constructed 55 feet from the from street line, as opposed to the required 70 feet. ~ Briefing, Notice, Hearii:g, Detern:inatioizs, Vote: ' (X) f requiret~ Notice of pre-application briefing given on N/A and briefing held on N/A, in ( ~ accordance with the Zoning Ordinance. ~ (X) Notice of hearing was given by: Mail and on-site posting, in accordance with Article 11 of the Zoning Ordinance, by Sallye A. Clark, Planning Assistant of the City. (X) Hearing was held on Augu s t 18 , 2 0 0 5. , (X) Required findings and determinations have been made by the ZBA as follows: ( i) the proposed special exception will not cause any significant 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) ~ SPECIAL EXCEPTION, Page 1 ~ 3800 University Boulevard • West University Place, Texas 77005-2899 • 713•668~4441 • www.westu.org the proposed special exception harmony with--the general purpose Ordinance. is consistent with--and in and intent of the Zoning (X) Additional findings and deterniinations (if any) have been made, as follows: N/A (X) The vote was: ~ for, ~ against this decision. Decision of the Zoning Board of Adjtrstn:ent graritin.g variance (subject to all applicable appeats): Under and subject to the City's Zoning Ordinance and applicable law, a special exception as specifically allowed by (identify the exactprovision) Table 7-5a : Parking, Driveways, etc ., Note 7., Special Exceptions of the Zoning Ordinance, is issued for the site identified above, but subject to the following: 1. The parking structure must comply with the definition of garage or semi-enclosed garage space ~ ~ Otl:er Provisio~zs: THIS DECISION SHOULD BE RECORDED IN THE HARRIS COUNTY REAL PROPERTY RECORDS, AND THE COST MUST BE PAID BY THE APPLICANT. UNLESS OTHERWISE SPECIFIED IN THIS DECISION, ALL PERMITS REQUIRED FOR THE WORK CONTEMPLATED BY THIS DECISION MUST BE APPLIED FOR ON OR BEFORE THE 90TH DAY FOLLOWING THE EFFECTNE DATE OF THIS DECISION, AND SUCH WORK MUST BE COMPLETED IN ACCORDANCE WITH SUCH PERMITS (AND ALL APPLICABLE REGULATIONS) ON OR BEFORE THE SECOND ANNNERSARY OF THE DATE OF THIS DECISION. NO EXTENSION OF ANY PRESCRIBED TIME PERIOD IN THIS DECISION MAY BE GRANTED WITHOUT AUTHORIZATION FROM THIS BOARD. NEITHER ADDITIONAL NOTICE NOR HEARING IS REQUIRED FOR GRANTING A TIME EXTENSION. IF ANY WORK OR CONDITION IS NOT DONE WITHIN A PRESCRIBED TIME PERIOD--AND NO TIME EXTENSION IS GRANTED--THIS DECISION REMAINS IN EFFECT, BUT IT IS SUBJECT TO REVERSAL OR MODIFICATION BY THE BOARD WITHOUT ADDITIONAL NOTICE OR HEARING. 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, BUIIrDINGS 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 BUII.,DING & STANDARDS COMMISSION, THE CITY COUNCIL OR OTHER BODIES THAT MAY HAVE AUTHORITY TO ACT ON SUCH REQUIREMENTS. SPECIAL EXCEPTION, Page 2 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 ACTNITY, SITE OR STRUCTURE. TO OBTAIN A RULING FOR ANY OTHER ITEM REQUIltES SEPARATE APPLICATION, NOTICE, HEARING, PROOF AND BOARD FINDINGS. NOTHING IN THIS DECISION IlVIPLIES THAT ANY SUCH FINDINGS WOULD OR WOULD NOT BE MADE BY THE BOARD. THIS DECISION REMAINS IN EFFECT FOR AN INDEFIlVITE PERIOD, IJNI,ESS A TEMPORARY OR FIXED PERIOD IS IlVDICATED 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 & Appeals: Subject to any applicable appeals, this decision takes effect on the date it is filed in the Board's office (c/o Secretary of the Zoning Board of Adjustment, 3826 Amherst, West University Place, Texas 77005), unless otherwise indicated above. Any re-hearing of this decision is governed by the rules of the Zoning Board of Adjustment. 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. ~'' ZONING BOARD OF ADNSTMENT, ~ CIT F WEST UNIVERSITY PLACE, TEXAS ~~ ~~ ~) By~ ~ Presiding Offic Zoning Board of Adjustment ' STATE OF TEXAS ~ COUNTY OF HARRIS (~ ~~ This instrument was acknowledged before me on ~p (date) by ) as ~ Presiding Officer of the Zoning Board of Adjustment o the ity of West University Place, Texas. Iw SALLYE A. CLARK ~iij ~ MY COMMISSION EXPIRES MAY 18, 2006 (SEAL) My commission expires: Notary Public ~' ~ ~ . • ' :, ~:-~ , . ~; c:r~ . • ~ . ' ~ o ~~ • ~ ~ 1 ~ ~~ C r SPECIAL EXCEPTION, Page 3 ~ ` ~~ , ' ~ t~. ~ ;~ ~ : . ` ~,`, ~ ~ }• ~ ~ '~~ ''~ tD ~ , ti This instrument was filed in the Board's office on ~ f (1.~ , and, if a mailing list is attached, copies were mailed to the persons on tlze list o N/ . By: ~ ~~~ Name: I $,T~~ Title: C( rj~" ~er recording return to: Sallye A. Clark Secretary, Zoning Board of Adjustment City of West University Place 3826 Amherst Street ~ Houston, Texas 77005 (Phone #: 713-662-5843) ~wr ~ te~ wcx ~stbcrs t~ st~, ~n~, ox u~ a n~ o~sam ~t ~n'a~u~a~ o~r+~ a un,wo ~o u~ax~ u~~ uw. iHE STA T COUNTI' O~~f_~IARRIS ~~~a~! t~M INt i~hlrneM wu FILEO n fde 1~umpK Offidal PuMif°c Re~~roe~o1°R~a~P o q m°: ~nd wra dury RE~~Ep. I~ p~ pem' ot Harcis Caunly,leK~a an SEP -1 2005 ~~ ~ ~~ ~~ ~~ :< ~~ * ~,~ ~o- ~~~~ ca,rmraE~c w-aR~s courm, rou~s SPECIAL EXCEPTION, Page 4 lJ ~ . ~ + :ocm ZBA-202(04c:\wp51\formslzba202.54ori~ Zoning Board of Adjustment Ciry of West YJniversity place. Texas ("City") DECLSION 'PO DEN'Y A VARIANCE AddreSS O,f Sile: 3119 LAFAYETTE Lega1 descrrplio~t oJthe si~c: Burlding Penttit No: N/A LOT 4& 5A, BLOCK 3, RICE COURT Decision orActio~: Requested orPmposed.• Perniiuee/.4ppliccait: RICHARD J. CArtPO A REQUEST FOR VARIANCE TO GARAGE REQUIREMENTS, SINGLE SITE REQUIREMENTS AND DRIVEWAY/APPROACH Noliee, Hecrning, Findings, Yote: REQUIREMENTS ~ (~ Requiied notiCe given by: POSTING (MUNICIPAL BLDG & PROPERTY) , MAIL (PROPERTY OWNERS) (X~ HCAting held On: DECEMBER 18 1997 (~ Ttic vote:PORETTO,NEAL, PLAGENS, SEGAL for, NONE against. Decrsion of !he Zoning Bocr,d afAdjus~ment (subject !o all c~,plicable c~peals): Under and subject to the City's Zoning Ordinance and applicable law, tho varianco from Section of the Zaning drdinance is DENI~b. ~dinga on individual requined findings (optio~al; u nequeat forll:ese individual rulings musr be timely ~ncrde): (1) Requi-~d ~~ding: "variance is not contraryto public interest" () This ~nding could bv made. () This finding is impossible_ () Unpersuasive proof. () Variance would be contrary to the pubtic interest. ( ) pther: (2) Required Finding. "due to spacial conditions a literal onforcement of the ordinance would result in unaecessary hardship." () Positive finding could be made. () Positive finding is impossible. () Unpersuasive proof. () No "spacial condition" proveci. () No hardship proved. ( ) Othor: • (3) Requi~d 1~inding: "spirit of the ordinance is observed." () positivo finding could be made. () Posit~ive finding is impossiblo. () Unpersuasive proof. () Variance would not observe the spirit of the ordiaance. ( j Other: (4) Requi~d F~nding: "substantial justice is done." () Positive finding could be made. () Positive finding is impossible. () Unpersuasive proof. () Substantial justice would not be done if the variance were grarited. () Variance would have advorse impact on others. ( ) ~ther: (5) O~herRequl~d ~nding (1''JAnyJ; Effective Da[e d Appecrls: 7~is decision takes ef~'ect on the date it is filed in thc $oard's o~ce (c1o Secretary of the Zoning Board of Adjustment~ 3800 Universiry Boulevard, Houston~ Texas 77045). untess othcrwise indicated above. Any appeals of this deciseoa are subject to ~and govemed by applicable o~dinancos ar~d laws, iacluding: thc Zoning Ordinance and Chapter 21 l~ Tex, Local Govcrnment Code. Under Chapter 211, petiaons for judicial review must be presented within 10 days aftar the date this decision is fited in the Board's o~ice. ~ A![esl: Chairman, For the Zoning Board of Adjustment ~"-- Filed in tlie Boarr~'s oJjice on _ . 19 , cmd copies nrcrrled (see ma,rling l~st attached) on , 19 ~ By: Form ZBA-201(04c:\wp5l~forms~zba201.54orig) i Zoning Board of Adjustment City of West University Place, Texas ("City") DECISION TO GRANT A VARIANCE Address of siie: 3128 Lafayette Legal descriplion of the site: Lot No. 2, Block 3, Rice Court Addition Building Permit No: N/A Pern~ittee/Applicant: Charles W. xam Decisiort orAction Requested orProposed: A request for variance of the side setback of 1.2" for the garage and house structures. Nolice, Hearing, Findings, Yo1e: (~ Required notice given by: POSTING(MUNICIPAL BUILDING & PROPERTY) ,MAIL(PROPERTY OWNERS) (• ~ Hearing held on: JULY 17, 1997 (~ Required statutory findings made (variance is not contrary to public interest;due to special conditions a literal enforcement of the ordinance would result in unnecessary hardship;spirit of the ordinance is observed; substantial justice is done.) • ( ) Additional findings (if any): (~ The vote: PORRETTO BILLINGS NEAL, SELIG & MANNON for, NONE against. Decision of the Zoning Boand of Adjustment (subjecl ~o all crpplicable appeals): Under and subject to the City's Zoning Ordinance and applicable law, a variance from Section 7-lO1,TABLES 7-2 & 7-6 ` of the Zoning Ordinance is granted to the permittee/applicant ~ named above for the site identified above, subject to the following conditions (if any): This variance is for an indefinite period unless a temporary period is indicated above. This vaziance remains subject to the regulatory jurisdiction of the City, and it does not grant any property right or vested right of any kind. Effective Da~e & Appeals: This decision takes effect on the date it is filed in the Board's office (c% 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. Under Chapter 211, petitions for judicial review must be presented within 10 days after the date this decision is filed in the Board's of~'ice. ay. . Chairman, For the Zoning Board of Adjustment Filed in the Board's ofjice on A llest: ]9 , and copies mailed (see mailing list attached) on 19 , By: • JUN e7 '96 04~00PM TCH EXP CONT iro~h: JAM!!! L. OO~IaMERTY, JR, 1'0: OO+WO Mb4+~ Oau: N61Y6 1'im~: y7:1Q:l3 Fet~a $!C 20t(43p1fonnR~ B~il4~ng 8t Btsnd~rda Comrnieeion ~,~.HSC'~ City vPWeo~ U~1Jwty1ly Plaodr Tex~Y ("City/") P~N~1L D~',CIBLON (QUAl3Y,TUDICIA~. EN~'ORC~MBI~'T~ • Addr~ia,ojaltt: 412E Lchi~h, Hvu~tias~, T~xe~s '17d0~ Le~at dqaarlpt~on ofth~ stte: l,~t l1, 8look 30, Collsge Cour~AddttJon Bulldl~gPermltNo: P~rmrnse: P.1i2 Pp~ t o~ 1 Ordtr~anc~Re~~,~ee: 3ectiar~ 7~ 1 a. 901 et. ~a~, Cods ~f Ordtnences Nod~R XQarla,~, i~oQe: (X ) Natioe~iveaby:mail and eetua: notice. ~ ( X) Ne~ring (ila~y) held on: Ma rch 9 96 . (X ) 'il~e~~s:Huqhea, Dravia, Todd Mrlne~,~rs, McDaniel ~or, ~on. •qainst- Deolrton of rlseBSC (aH~Jeot to aU app!loabis appsala): The BSC erelers that: (l~ C!~e applicant anall lirsti expase Lhe structurai elernents at the bulldi~r~q an~ all~- the busidinq ofticial to asses~ ~he etru~ture. iZ) the applicant apFl•,~ gor ail ~eaes~ary permita, and 4$} upon issuanee oP perrnit~, ~rhe apgl±cent m~st partorm all wc+rk neceseary to brt*~~ the ~truatura Lnto c~mpl~.a~c~ with tne City~s ordinancva. zP such work ir nat ~urFU~d diligantly Anc1 in accordancw wieh the City ~rdinanCQS, or if it lu not completed within ore yaer, the bui~dl.ng otficiel may pur~U9 otheC enforcement aotiona, ineludinq bu~ ~ot limited to deinolizion, ~roseaution, civil penaltles and othlx order, o~ the BSG~ (nptlona~l J~gasonf~Can,-xat ; 7hS• decision is based en the xep:esa~tetiCriB on bst~alt oi ths appii4ar.~ ~hat tha~ pCeperey oan ba~ e~=or.emicaily kepeired rsthar than demol ~st~ed. Nodco of t)ris dacrsron. 'Cbe Sear~etary sha11 give aoslae atsl~ie deaision by fmrt olaeR myl (a~tif ed~ RRR)~ ~e provided in 8eatioa ~4.039 otthe Texu I.ooal Govectuneo~t Cods. ~icnvs Data d~ App~au: 7'hle deoidonwae e~bat os+ t~u date it ia matkd er provided ia 9eetaa~ 54.039 olthe Texss I.ooa1 ~nt Coda Judioial revie+ve edelsid dee{eian ara eubjsat to and go~vecriea by qrpfloable oe~dinenoa sc~d lawe~ iaclt~dir~g: Ch+~tsr 6 et'the Code of Ordie~u+as aid Ck~pter 34, Tex. Looo1 C3~-ere~~rx Code. Unda' Gh4pter ~~~ pae~tions tbt judiaial rev~iew m~t be preree~eed witl~ir- 30 alendar day' after tlte daRe tltis deoieion i~ raailed ai~ provided in Bedtia- 54.034 afthe Texat Iaoel Qovarnmot~t Code. ~y: An~it: ~ Cha' or tlu BSC d dr th~ t o,Qtsa o .! 0~`~, ar~d roplty ~urlt~d (ir~ ~lf~»g l~lr r~udaJ~~aj~ on ~~ 1~ Ayr ~" BUILDING & STANDARDS COIYII~tISSION CITY OF WEST UNIVERSITY PLACE ~ Reference: 2926 Lafayette Lot 15, Block 2, Rice Court Appeal No: 93-OS ' Date of Application: 8/27/93 Receipt No: 069632 • Hearing Held on Thursday, September 2, 1993 DECISION/INTERPRETATION: Carolyn Hodgins made a motion to grant a variance to allow the return air to remain in the second floor ceiling. Motion was seconded by Drew McManigle. All Voting Aye. City of West University Place Buii ng & Standards Commission ~ Date: 9/3/93 SECRETARY cc: Building Inspector •