The URL can be used to link to this page

Home My WebLink About03172005 ZBA NoticeCity of ~est University P1ace • A Neighborhood City ~ Recycled Paper NOTICE OF 20NINC BOARD OF ADJUSTMENT HEARING The Zoning Board of Adjustment ("ZBA") of the City of West University Place, Texas ("City") will hold a public hearing in the Bill Watson Conference Room of the Municipal Building, 3800 University Boulevard, City of West University Place, Texas 77005, during a meeting set to begin at 6:30 P.M. on March 17, 2005. ~The hearing may be recessed and continued to a ZBA meeting to begin at 6:30 P.m. on March 31, 2005 at the same place, and it may be further recessed and continued to a meeting to begin at 6:30 P.n~. on April 21, 2005 at the same place.) The purpose of the hearing is to provide an opportunity for interested persons to be heard in relation to the following matter: Docket No.: OS-04 Address of t1:e site: 3936 Marlowe Street, West University Place, Texas 77005 Legal description of tlie site: Lot eighteen (18), Block Eight (8), of the Collegeview Third Addition, a subdivision in Harris County, Texas, according to the map or plat thereof, recorded in volume 572, Page 33, of the Deed records of Harris County, Texas. ~ • Buildi~:gPermitNu~~iber: 04-00001334 Per~nittee/Owner: Peden, Thomas M. and Paula, J. (Contractor is S P& K D J, INC dba Custom Living) Background: There is a house under construction at 3936 Marlowe. See site and permit details, above. The Chief Building Official of the City (CBO) has issued several decisions affecting the house. Three appeals and one request for a variance have been filed. All are summarized below: PNC Status. In 2004, the "framed area" regulations mentioned in Article 2 and Table 7-4b of the Zoning Ordinance were amended. Section 12-102(c) of the Zoning Ordinance allows certain projects to acquire prior non-conforming (PNC) status when there is such an amendment. On 2/22/2005, the CBO ruled that: (1) so far, the house at 3936 Marlowe has met the criteria under Section 12-102(c), (2) the house is being treated the same as a house in existence before the ordinance amendment, and (3) PNC status cannot be fully acquired unless the house is completed in compliance with Section 12-102(c) and the pre-amendment regulations. Mr. Stephen Pohl has appealed this decision and requested that the buildingpern:it be rescinded and that the owner/permittee be required to re permit the work. He also indicates that the house violates the 80% framed area rule if any of the following isframed area: (1) covered patio, (2) attic, or (3) three-story atrium. • ROW and Building Site. The owner/permittee's original submission claimed a building site 50 feet wide and containing 6,000 square feet. On 2/25/3/2005, the CBO ruled that Section 3800 University Boulevac'd • West University Place, Texas 77005-2899 • 713•668•4441 • www.westu.org . Notice of Zoning Board of Adjustment, Docket OS-04 -2- 5-100 of the Zoning Ordinance requires that a 2%z-foot easement along the west side of the site (the Weslayan Street side) be excluded from the building site. Therefore, the house appears to violate both Table 7-2 (house being built in side yard) and Table 7-4b (house violates 80% "framed area" rule). The CBO suspended the building permit "pending receipt of proof that the easement has been abandoned or has reverted to the owner of the site." Tlae owner/permittee has appealed this decision, indicating that: (1) the easement has reverted, (2) o~cials of Harris County have com~nunicated approval of abandonment of the easement, (3) owner pennittee relied upon the City, (4) issuance of a buildingpermit evidenced compliance with all building and zoning requirements and codes, and (S) they understand that "adjustments have been granted to properties bordering Weslayan Street. " Should the ZBA "not find cause for granting relief under the appeals section, " the owner/permittee has requested a variance as follows: (1) that the easement be "considered as part of the lot available for the calculation of square footage in determining the `80%' rule, " and tllereby "the available square footage shall be determined to be 6, 000 square feet, " and (2) that "the side yard shall be calculated from the property line, not the inside boundary of the 'right of way easement. "' Framed Area & Stories. On 3/3/2005, the CBO ruled that a large area on the third floor is not being constructed as an attic as shown on the plans, so it should be counted as "framed area." When the area is so counted, the house exceeds the 80% framed area limit in Table 7- 4b. Also, as the third floor is being constructed, it violates the 2 1/2-story limit imposed by Table 7-4b. The CBO suspended the building permit "pending receipt of written proof that the attic will be constructed for use as shown on the plans required by the building permit .. „ The owner/permittee has appealed this decision, indicating that: (1) an agreement was reached behveen the City "building offacials, owners, builder and architect to amend tlle plans to bri»g them into conformity, "(2) "suspension of the building permit prevented tl:e owners/builderfrom completing theframing ofthe house, "and (3) once the permit "is re-activated completion of the framing will demonstrate compliance with the agreed upon specifications. " Mr. Pohl has indicated that the house violates the 80%Jramed area rule if the attic is counted as framed area. See note regarding appeal of the decision on "PNC Status. " Other: The CBO has ruled that all the requests mentioned above were filed late, and only the ZBA can suspend its rules to accept the late filing and hold the hearing on March 17, 2005. However, the CBO has indicated that he will recommend that the ZBA do so. The CBO has ruled that action by Harris County does not, by itself, change any decision of Building Official or f'ie ~BA The CBO has also modified the s-asa:°•nsion of the building permit to all~ ~-~''- ~• • . ~ •' • r.rotrct the vren~' . ~• `' ~m ~ ~• ~ ~j trespassers, subject to final • Public hearing regarding the following matters: (1) PNC Status (Framed Area). Matters relating to: (i) Mr. Stephen Pohl's appeal of building official's decision regarding prior-non- confornung (PNC) status and "framed area" regulations, and (ii) Mr. Pohl's request that the building permit be rescinded and that the permittee be required to re-pernut the work. (2) ROW and Building Site. Matters relating to: (i) the owner/permittee's appeal of the building official's decision regarding the building site and an easement along the west side of the site; and . (ii) the owner/permittee's request for a variance to consider the easement "as part of the lot available for the calculation of square footage in determining the `80%' rule,"( and thereby "the available square footage shall be determined to be 6,000 square feet") and that "the side yard shall be calculated from the property line, not the inside boundary of the `right of way easement. "' (3) Framed Area & Stories. Matters relating to the owner/permittee's appeal of the building official's decision suspending the building permit for violation of the "framed area" rule and 2%z story limit, based on the way a large area on the third floor (called "attic") is being, '~o~nstructed. c. Deliberation, decisions, other action, etc~:Y.regarding the preceding matters. ~. 2. Meeting Minutes. Matters relating to the approval of minutes from the meetings held on January 6, 2005 and February 17, 2005. [AdjourumentJ • ANYONE W/TH A D/SAB/L/TY REQUIR/NG SPEC/AL ARRANGEMENTS TO BE ABLE TO PARTIC/PATE /N THE MEET/NG MAY CONTACT THE PERSON WHO S/GNS TH/S NOT/CE, BELOW, IN ADVANCE OF THE MEETING, TO ALLOW T/ME FOR ARRANGEMENTS TO BE MADE AS NECESSARY. THE MEET/NG PLACE MENT/ONED ABOVE /S ACCESS/BLE BY WHEEL CHA/RS BY USING THE SLOPED RAMP LOCATED AT THE WEST ENTRANCE TO THE MUN/C/PAL BUILD/NG. SPEC/ALLY MARKED PARK/NG SPACES ARE AVA/LABLE IN THE PARK/NG L~T ADJO/N/NG UAl/VF,RSl rY BO,ULEVARD. Clark, ~lanning Assistant Sclark(a~westu.org 713-662-5843 PO~STED THIS 14`h DAY OF March 2005 AT .~ O'CLOCK P.M. -'_ • ' . t.-tr---- ~_.. - . . . . ~-- . .._--