HomeMy WebLinkAbout04212005 ZBA NoticeCity of ~est Uni~ersity P1ace
• A Neighborhood City
~ Reeycled Papei
NOTICE OF ZONINC BOARD OF ADJUSTMENT PROCEEDINGS
The Zoning Board of Adjustment ("ZBA") of the City of West University Place, Texas ("City") will
conduct public proceedings 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 April 21, 2005. The proceedings may be recessed and continued to ZBA meetings beginning at
6:30 p.m. on May 7, 2005 (in the Council Chamber of the Municipal Building) and 6:30 PM on May 19,
2005 (in the Bill Watson Conference Room of the Municipal Building).
Docket No.: OS-04
Address of t/ie site: 3936 Marlowe Street, West University Place, Texas 77005
Legal descriptio~: oftl:e 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~:g Pernsit Number: 04-00001334
• Perniittee/Ow~:er: Peden, Thomas M. and Paula, J. (Contractor is S. P& K D J, Inc. d/b/a
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, one request for a variance, one motion for rehearing and two
requests for follow-up decisions have been filed. Other proceedings are pending. 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. Steplie~z Polal /:as uppealed this decision and requested that the
building permit be rescinded and tlzat the owner/permittee be required to re-
permit the work. He also indicates that the house violates the 80% fra-ned area
rule if any of the following is frarned area: (1) covered patio, (2) attic, or (3)
three-story atrium.
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3800 University Boulevard • West University Place, Texas 77005-2899 • 713•668•4441 • www.westu.org
Notice of Zoning Board of Adjustment, Docket OS-04
.
~ -2-
ROW and Buildi~zg Site. The owner/permittee's original submission claimed a
building site 50 feet wide and containing 6,000 square feet. On 2/25/2005, the CBO
ruled that Section 5-100 of the Zoning Ordinance requires that a 2.5-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."
The owner/permittee has appealed tllis decision, indicating that: (1) the
easement has reverted, (2) o~cials of Harris County' have communicated
approval of abandonment of the easement, (3) owner permittee relied upon the
City, (4) issuance of a building permit evidenced compliance with all building
and Zoning requirements and codes, and (S) they zazderstand 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 tlae 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 (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 consiructed, it violates
the 2%z -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 between "building o~cials, owners, builder and
architect to a~nend tlze plans to bring them into conformity, "(2) "suspension of
tlle building permit prevented t)ze owners/builder from completing the framing of
the house, " and (3) once the permit "is re-activated completion of the framing
will dernonstrate compliance with tlle agreed upon specifications. "
Mr. Pohl has indicated that the house violates the 80% framed area rule
if the attic is counted as framed area. See note regarding appeal of the decision
on "PNC Status. "
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•
Notice of Zoning Board of Adjustment, Docket OS-04
-3-
Proceedii:gs: ~ _ _ _
The proceedings will include resumed consideration of the docket described
above (which was previously heard on March 17 and 31, 2005). At the March 31
meeting, the ZBA voted on two of the appeals ("PNC Status" and "ROW and
Building Site") and the variance request. The ZBA asked that a written decision
be drafted. The written decision has not yet been considered, approved, signed or
filed. The ZBA has not yet voted on the third appeal ("Framed Area & Stories").
Since March 31, there has been a motion for rehearing filed on the "ROW and
Building Site" issue, and some procedural questions have arisen. The procedural
questions involve whether the motion for rehearing was timely filed and what
new evidence would be presented. The City staff has recommended that the
motion for rehearing be considered at the April 21, 2005 meeting (or any
recesses). Under the ZBA rules, there may be a"mini-hearing" on the question
of whether a motion for rehearing should be granted. If the morion is granted,
the City staff has recommended that the ZBA allow the rehearing to be
conducted at the Apri121 meeting (or any recesses).
Also since March 31, the permittee/owner has requested follow-up decisions to
• lift the suspension of the building permit, based upon submissions relating to: (1)
reverter or ownership of the 2.5-foot ROW easement along Weslayan, and (2) the
attic area on the third floor of the house. If the CBO issues a decision on these
submissions, and if an aggrieved party appeals, the appeals may be heard at the
Apri121 meeting (or any recesses), if allowed by the ZBA.
Action Requested: Both Mr. Pohl and the owner/permittee request interpretations of the Zoning
Ordinance. See above. Mr. Pohl requests that the building permit be rescinded
and that the owner/permittee be required to "re-permit the work." The
owner/permittee apparently requests that the building permit be reinstated (or
perhaps un-suspended) and, if necessary, a variance be granted.)
Applicable Regulations: Applicable regulations include the City's Zoning Ordinance, Chapter 211
of the Texas Local Government Code and the rules of the ZBA.
Additional details are available for public inspection in the Public Works
Center, 3826 Amherst, West University Place, 77005. Any person
interested in such matters should attend the hearings.
If you: plan to attend tJiis public meeting ai:d you Jiave n disability t/eat requires speci~rl arrangements at
the meeting, please contact t/ee Planning & Development Assistant at 713.662.5843 in advance of tl:e
meeting. Reasonable accomniodations wil! be made to assist your participation in t/re meetin~ Tl~e
Municipa! Building is wlieel c/:air accessible frons t/:e west entrance and specially marked parking
snaces are available in tlte sout/~west narkin,e are~
• Signed: , for the ZBA, 4-11-2005.
allye A. Cla , Planning Assistant.
Ci ~ of ~est Universit P1ace
tY y
• A Neighborhood City
~ Recyeled Paper
NOTICE OF ZONING 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 April 21, 2005.
The hearing may be recessed and continued to a ZBA meeting set to begin at 6:30 .P.M. on Mav 19, 2005. The
purpose of the hearing is to provide a special, additional opportunity for interested persons to be heard in
relation to the following matter:
Address of the site: 6001 Charlotte Street, West University Place, Texas 77005
Legal description of the site: Lot five (5), Block Six (6), of Preston Place, an addition in Harris County,
Texas, according to the map or plat thereof recorded in volume 572, Page 318, of the Deed Records of Harris
County, Texas.
Docket No.: OS-OS Applicant: John Rodgers
Action Requested: Appeal of a rejection of plans in reference to Table 7-4a: Garage Space, Garage doors or
openings, (iii) any structure above the driveway must be cantilevered or suspended from the building (no
• special posts or vertical supports being allowed) of the Code of Ordinances. Owner is requesting to be
allowed to add steel beam in area above driveway.
Applicant requests a variance to allow structural beam over driveway four feet from garage door, with vertical
support with the required 10 feet clear area. Table 7-4 a: Garage Space, Garage doors or openings of the
Code of Ordinances. ~
Applicable regulationsinclude the City's Zoning Ordinance, Chapter 211 of the Texas Local GovernmentCode and the rules of the
ZBA. Additional detaits on such matters, as weli as, the applicable reglations are available for public inspection in the Public
Works Center, 3826 Amherst, West University Place, 77005. Any person interested in such matters should attend the hearings.
Ijyou p[a~r l~ atte~ed tllis public meeting n~t~i you l:ave a disability 1/iat reryuires speeial arrangeme~its al tl~e meeti~:g, plense
contact the Planning & Development Assistaut at 713.662.584~ iu ndva~~ce of tlie meeting. Reasoi~atile nccommodatio~ts wi!/ be
made to assistyourparticipation iir I/le nieetiug. T/re Municipa/ Bui/r/ing is w/ree! chair accessible jro~n the west enlrance nnd
saeciu//v marked.narking snnces are available i~: tlre seut/twest anrkin~ area.
Sallye A. Cla~ Planning Assistant. ~
•
for the ZBA 04-08-2005.
3800 University Boulevard • West University Place, Texas 77005-2899 • 713•668•4441 • www.westu.org
City of ~est University Place
• A Neighborhood City
~ Recyeled Peper
NOTICE OF ZONING 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 Apri121, 2005.
The hearing may be recessed and continued to a ZBA meeting set to begin at 6:30 P.M. on Mav 19, 2005. The
purpose of the hearing is to provide a special, additional opportunity for interested persons to be heard in
relation to the following matter:
Address of the site: 5909 Wakeforest Street, West University Place, Texas 77005
Legal description of the site: Lot three (3), and the North 21.5 feet of Lot (4) in Block Five (5), of Rice
Court, an addition in Harris County, Texas, according to the map or plat thereof recorded in volume 7, Page
47, of the Map Records of Harris County, Texas.
Docket No.: OS-06 Applicant: Mark and Patti Cowan
Action Requested: Applicant requests a special exception to grant PNC status for the structure to project
into front yard .3 feet.
• Article 12, Prior Non-Conformities, Section 12-102, Acquiring PNC status (e) Certain Yard
Encroachments of the Code of Ordinances.
Applicable regulationsindude the City's Zoning Ordinance, Chapter 211 of the Texas Local GovernmentCode and the rules of the
ZBA. Additional details on such matters, as well as, the applicable regulations are available for public inspection in tfi~blic
Works Center, 3826 Amherst, West University Place, 77005. Any person interested in such matters should attend the hearings.
Ijyou p/nn to attend t/:is p~iblic neeeting aiedyou leave u disabiliry t/~at requires specia/ nrrnnge~neuts at Ihe meeting, plense
contact tlie Planning & Deve/opinent Assistant nt 713.662.5843 in advance vf t/re ineetii~~ Rensaiable accon:modatioirs wil! be
made to assist your pa crpatio~i i-~ tlee meeting. T/re Municipn! &~ildi»g is wheel r/iuir accessib/e from !!re wesl eirtrance nnd
svecia/!v marked pnr~E spnces nre nvnilahle in,f/ie,soutk~ves~inrkiirg area.
for the ZBA 04-08-2005.
Assistant.
•
3800 University Boulevard • West University Place, Tex~s 77005-2899 • 713~668•4441 • www.westu.org
City of ~est U~i~ersity P1ace
• A Neighborhood City
~ Reeycled Paper
NOTICE OF ZONING BOARD OF ADJUSTMENT HEARING
The Zoning Board of Adj ustment ("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 Anri121, 2005.
The hearing may be recessed and continued to a ZBA meeting set to begin at 6:30 P.M. on Mav 19, 2005. The
purpose of the hearing is to provide a special, additional opportunity for interested persons to be heard in
relation to the following matter:
Address of the site: 375G University Boulevard, West University Place, Texas 77005
Legal description of the site: 13.09 acres (570,384 square feet) West University Place School Site, A.C.
Reynolds survey, Abstract Number G l, City of West University Place, Harris County, Texas
Docket No.: OS-07 Applicant: Houston Independent School District
Action Requested: Applicant requests a variance to allow new classroom building addition to have a
structure height of 44 feet above the base elevation.
~ Article 7, Section 7-lO1,Table 7-4b:Buildings, Height Maximum of the Code of Ordinances.
Applicable regulations include the City's Zoning Ordinance, Chapter 211 of the Texas Local
Government Code and the rules of the ZBA. Additional details on such matters, as well as, the
applicable regulations are available for public inspection in the Public Works Center, 3826
Amherst, West University Place, 77005. Any person interested in such matters should attend
the hearings. .
Ifyou p[an to attend this public meeting and you /iave a disability tl~at requires special arrangements at tlie
meeting, please contact t/:e Pla»ning & Developmei:tAssist«nt ut 713. 662. 5843 in a~lvnnce of t/:e meetin~
Reasonable uccommodr~tions will be mude to assist your participation in the meeting. The Municipal
Bui[ding is wlteel cliuir uccessible jrom tl:e -vest e~:trance and specially murked parking spuces are
available in tl:e soutl:west varkin~ area.
Signed:
A.
Assistant.
for the ZBA 04-08-2005.
•
3800 Universiry Boulevard • West University Place, Texas 77005-2899 • 713~668~4441 • www.westu.org